orange east supervisory union esp merged agreement · 1.2 defmitions: a. throughout this merged...

Orange East Supervisory Union

ESP Merged Agreement

ForJuly1,2019toJune30,2020

Between the Boards of the Following Orange East Supervisory Union Districts

Bradford Academy & Graded School District

Union High School District No. 30

Unified School District No. 36

-And-

Orange East Education Association Educational Support Personnel Vermont-NEA

Orange East S.U. - ESP 2019-2020FINAL April 2, 2019

TabLeofContents

Acknowledgement of Arbitration .............................. 3

ARTICLEI Recognition . . ..................................... .......... 4

ARTICLE II Rights of Association ....................................... 5

ARTICLE III Rights ofBoard ............................................ 5

ARTICLE IV Employee Evaluation/Complaints.............................. 6

ARTICLE V Employment Rights......................................... 6

ARTICLE VI Personnel Files ............................................ 8

ARTICLE VII Payroll Issues .............................................. 8

ARTICLE VIII Grievance Procedure ........................................ 10

ARTICLE IX Temporary and Long-Term Leaves ofAbsence ................... 13

ARTICLE X Working Conditions. ........................................ 19

ARTICLE XI Insurance. ................................................ 22

ARTICLE XII Reduction ofStaff.......................................... 26

ARTICLE XIII Compliance .............................................. 27

ARTICLE XIV Negotiation ofa Successor Contract........................... 27

ARTICLE XV No Strike Clause. .......................................... 28

ARTICLE XVI Duration ................................................. 28

SALARY GRID 2019-2020 ............................................... ..30

PLACEMENT SCHEDULE 2019-2020. ......................... ..............33

INDEX..................................................................36

Orange East S.U. - ESP 2019-2020FrNALApriI2,2019

Acknowledgement ofArbitration

IN ACCORDANCE WITH 12 V.S.A. SECTION 5652(b), THE BOARDAND THE ASSOCIATION UNDERSTAND THAT THIS AGREEMENTCONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THISAGREEMENT, THE BOARD AND THE ASSOCIATION UNDERSTANDTHAT THEY WILL NOT BE ABLE TO BRING A LAWSUITCONCERNING ANY DISPUTE THAT MAY ARISE WHICH ISCOVERED BY THE ARBITRATION AGREEMENT, UNLESS ITINVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS.INSTEAD, THE PARTIES AGREE TO SUBMIT ANY SUCH DISPUTE TOAN IMPARTIAL ARBITRATOR IN ACCORDANCE WITH THEPROVISIONS CONTAINED IN THIS AGREEMENT.

Orange East S.U. - ESP 2019-2020FINALApril2,2019

ARTICLE IRecognition %

1.1 Bargaining Unit:

A. The Boards hereby recognize the Orange East Education Association/VT-NEA/NEA for the purpose of collective bargaining negotiations pursuant to Title21, Chapter 22 ofthe Vermont Statutes Annotated, as the sole and exclusiverepresentative ofthe individual employee bargaining units ofthe followingSchool Districts: Bradford Academy & Graded School, Union High SchoolDistrict No. 30, Unified School District No. 36 - Waits River Valley School, andOrange East Supervisory Union (hereinafter

"Boards" or "Districts"). Thesebargaining units are composed of positions which do not require licensure by theVermont Department ofEducation: paraeducators and kitchen staffoftheBradford Academy and Graded School District; paraeducators, bookkeepers, staffaccountant, administrative assistant, secretaries, custodians, maintenancepersonnel, and CTE lab assistants ofUnion High School District No. 30, andparaeducators, custodial staff, and secretaries ofUnified School District No. 36 -Waits River Valley School; paraeducators and other current members ofthebargaining unit which may be assigned to OESU as per ACT153.

B. Employees hired new to the District shall be reimbursed for the costs ofa criminalrecord check.

C. An individual must be employed a minimum of seventeen and one half (17.5)hours per week to be members ofthe bargaining unit covered by this Agreement.

D. The Superintendent may hire temporary or seasonal employees for a period of notmore than forty-five (45) workdays in any fiscal year. This time may be extendedby mutual agreement to the parties in emergency situations. Said employees shallnot be covered by the terms and conditions of this Agreement. In the event thatan individual is employed for more than the above noted forty-five (45) days, theindividual shall receive full rights and benefits of the Agreement retroactive to theinitial date ofhire. Temporary employees shall not be used to decrease theregular work hours (straight time) ofthe current employees.

1.2 Defmitions:

A. Throughout this merged collective bargaining agreement (hereinafter the"Agreement"), reference to the Board(s) or District(s) shall be deemed to refer toeach of the four (4) individual Boards and Districts noted in §1.1 of thisAgreement. As such, where action by the referenced Board or District is required,such action, unless otherwise expressly noted, shall be the action ofeachindividual Board and/or District relative to that District's employees or localbargaining unit.


B. Throughout this Agreement the term "administrator" or "administration" shall bedeemed to refer to any appropriately Vermont AOE licensed member oftheDistrict's building level or Supervisory Union administrative staff. Further,reference to the Superintendent shall be deemed to include any administrator towhom the Superintendent has delegated authority to act on his/her behalf.

2.1

2.3

2.4

ARTICLE IIRights of the Association

Facilitie's: The Association shall have the right to use such facilities and equipment asare normally available for employee use within the school provided such use does notinterfere with the teaching ofstudents or interrupt normal school operations.

2.2 Business:

Duly authorized representatives ofthe Association shall be permitted to transact officialAssociation business on school property provided the conduct of said business does notinterfere with the teaching of students, or normal school operations. It is specificallyunderstood and agreed that the Association, Boards, administrators and employees shallnot discuss with students any issues related to their terms and conditions of employmentor the collective bargaining relationship between the Board and the Association.

Notices: The Association shall have the right to use an area in the school, location asmutually agreed upon by the Association and the Principal, for the posting ofnotices ofits activities and matters of Association concern. The Association may use staffmembers' mailboxes, subject to the same conditions noted in 2.2, to distributeinformation to employees.

Copies of Agreement: Current copies ofthe Agreement shall be available on the OESUwebsite. Upon request, employees shall be provided a printed copy by the office oftheSuperintendent.

ARTICLE IIIRightspOheBoard

3.1 It is herein agreed, that except as specifically and directly modified by the expresslanguage in a specific provision ofthis Agreement or otherwise mutually agreed to, inwriting, between the parties, the determination of educational policy, the operation andmanagement ofthe schools, and the supervision and direction ofthe staffare vestedexclusively in the Board.

3.2 The Board's exercise ofany retained right or function in a particular manner shall notpreclude the Board from exercising the same right or function in any other manner whichdoes not expressly violate a specific written provision ofthis Agreement. The Board'sfailure to exercise any right to function reserved to it shall not be deemed a waiver ofits

Orange East S.U. - ESP 2019-2020 5FINALApril2,2019

right to exercise such right or function at any future time. Ifany ofthe DistrictAgreements contain a "'maintenance of standards" clause, said clause shall not beapplicable to the issues addressed in this Agreement.

ARTICLE IVEmployee EvaluatiQn/Complaints

4.1 Evaluations: The Association and the Boards recognize that the primary function ofevaluation is to improve work performance and mutual efforts will be made to upgradeemployee performance. The evaluation plan/document shall be developed, modified andimplemented by the District, after consultation with the Association.

4.2 Complaints: Any complaint regarding an employee made to any member oftheadministration or Board by any parent, student, or other person, which is used in anymanner in evaluating an employee, shall be reduced to writing, called to the attention ofthe employee, and promptly investigated by the administration. The employee will begiven an opportunity to respond to and/or rebut such complaint. This provision is notintended to be applicable to any investigation by any non-District entity, such as theDepartment ofEducation, SRS, and any law enforcement agency.

ARTICLE VEmployment Rights

5.1 Representation: Whenever any employee is required to appear before the principal,superintendent, Board, or any committee of this Board, with respect to a complaint orcharges conceming potential discipline, he/she shall be entitled to have a representativeofthe Association present to advise and represent him/her during such meeting. If anemergency meeting is necessary, an available Association representative shall be releasedto counsel and represent the employee. For the type of meetings noted herein, anemployee will be given prior written notice ofthe reason(s) for such meeting ifthemeeting is with the Superintendent or the Board.

5.2 Contract Renewal:

A. School Year Employment Renewal: The Board shall issue employment contractsto school year employees by April 15. This shall not limit the Board's right toinitiate lay-offs as provided in the Agreement.

B. An employee receiving an employment contract acceptance ofthe contract bysigning and retuming said notice no later than May 5 after issuance ofthecontract. Failure of an employee to return his/her signed contract within the timeframe noted herein shall be conclusive evidence ofnon-acceptance ofthecontract, and in such instances, the position shall be considered vacant unless anextension has been mutually agreed to, in writing, between the employee and theSuperintendent.

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C. An employee hired to fill a temporary position left vacant by an employee on anapproved leave of absence, will be given a temporary employment contract,which terminates at the end ofthe stipulated period. An employee with atemporary contract will be entitled to all the benefits ofthis Master Agreement.In the event there is a vacant regular position available for the succeeding year,the employee may request consideration for the position and the Board has theoption ofhiring the employee vvithout advertising the position. Said rightafforded the employee will expire at the end ofthe school year, that is, the lastday ofthe employee's term ofcontracted work. Ifthe employee is hired to fill aregular educational support personnel position, the employee will be grantedseniority and benefits as ofthe initial date of employment.

D. In the event the Board and the Association have not ratified a new collectivebargaining agreement by the date provided herein for the issuance of individualcontracts, individual "notices ofintent to re-employ" shall be issued to schoolyear employees on or before April 15. At the completion of negotiations, schoolyear employees shall be issued complete individual contracts, which will reflectthe terms ofthe successor to this Agreement. School year employees shall signand retum these contracts within fifteen (15) days oftheir issuance. Failure ofaschool year employee to do so shall be conclusive evidence ofnon-acceptance ofthe offer.

5.3 Probationary Contracts: New employees shall serve a probationary period during theirfirst ninety (90) working days ofemployment in a unit position. The decision oftheBoard to dismiss or not renew a probationary employee shall not be subject to thejustcause or grievance arbitration process ofthis Agreement.

5.4 Just Cause: Except for probationary employees, an employee shall not be non-renewed,disciplined, suspended or dismissed without cause.

5.5 Association Activities: Neither the Boards nor the Association shall discriminate againstany employee with respect to the terms and conditions of either this Agreement nor theDistrict Agreements based upon the employee's membership or non-membership in theAssociation, nor for participation or non-participation in any lawful Associationactivities.

5.6 Nondiscrimination: Neither the Boards nor the Association shall discriminate againstany employee based upon the employee's race, color, national origin, ancestry, religion,disability, gender, gender identity, sexual orientation, place ofbirth or marital status.Alleged violations ofthis section shall not be subject to the grievance/arbitrationprovision of this Agreement.

5.7 District Equipment: In the event that a staffmember is terminated, non-renewed, orvoluntarily leaves the District, the staffmember shall be expected to retum all Districtissued equipment prior to the last day ofemployment. Arrangements to retum theequipment by this date should be made with the District Administrator prior to the lastday ofemployment.


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5.8 Highly Qualified Paraeducator: All paraeducators shall fulfill the requirements ofaHighly Qualified Paraeducator within 60 days of hire date. Paraeducators hired on orbefore June 30, 2016 shall be grandfathered from this clause.

.,fBS..

ARTICLE VIPersonnel Files

6.1 Files: There shall be only one official personnel file for an employee, which shall bemaintained in the Superintendent's office. An employee shall have the right, uponrequest, to review the contents of his/her personnel file(s), and to receive a copy of thedocuments contained therein. An employee shall have the right to have a representativeof the Association with him/her during any such review. Only those persons who haveofficial right and reason for doing so may inspect an employee's personnel file. Ifadocument from an employee's personnel file is released based upon a request filed underthe Vermont Access to Public Records Law [Title 1 V.S.A. Chapter 5, Subchapter 3] theemployee shall be so notified and provided a copy ofthe document.

6.2 File/Document Review: No document pertaining to an employee's performance,conduct, service, character, or personality will be placed in his/her personnel file unlessthe employee has had an opportunity to review the document. The employee shallacknowledge that he/she has had the opportunity to review such document by affixinghis/her signature to the copy to be filed in his/her personnel file with the expressunderstanding that such signature in no way indicates agreement with the contentsthereof. The employee's signature shall not be required on any document that is sent tothe employee by certified mail. The employee shall also have the right to submit writtencomments about documente in his/her file and his/her comments shall be reviewed by theSuperintendent and placed in the personnel file.

6.3 Document Removal: An employee may request that a document(s) be removed fromhis/her personnel file. The Superintendent shall have the discretion to grant or deny sucha request.

ARTICLE VIIPayroll Issues

7.1 Payroll Period: Employees shall be paid on the 15th and 30th ofeach month (inFebruary, the last day ofthe month). Ifthe 15th or 30th is on a weekend, the employeeswill be paid on the last day before. Employees may select one ofthe following methodsofpayment provided notification ofsame is given to the superintendent prior to the firstscheduled work day:

A. Actual time worked.

B. Twenty-four (24) equal installments, twenty (20) ofwhich shall be paid duringthe school year and the remaining four (4) shall also be paid on June l 5

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7.2

C. Tvventy-four (24) equal payments from August 30 through August 15.

Association Deduction ofDues and Agency Fees:

A. The Board agrees to deduct Association membership dues from the salaries of itsemployees as each employee individually and voluntarily so authorizes the Boardto deduct, and to transmit the monies monthly to the Association. Thesedeductions will commence with the first paycheck in October or with the secondpayroll after an employee is hired, vvhichever occurs later; the deductions willconclude with the May 30 paycheck. Note that these deductions are dependentupon the receipt ofa listing ofmembers and non-members from the OEEA.Should the listing not be received by the Superintendent's Office on or beforeSeptember 30, the deductions will commence in the second payroll following thereceiptofthe listing.

B. Employee authorizations for the deduction ofdues shall be in writing, and theyshall be continuous from year to year unless an employee notifies the Board (or itsdesignee), in writing, on or before June 15 of any year that he/she wantsdeductions to cease for the next school year. The Board shall not be liable for anymonies so deducted and transmitted to the Association, and the Association shallindemnify the Board for any costs or liabilities incurred as a result.

7.3 Payroll Deductions: In addition to payroll deductions for benefits specified in theDistrict Agreements, the Board also agrees to administer payroll deductions for thefollowing purposes provided the employee provides appropriate written authorization tothe Superintendent:

A. Credit Union/Bank

B. District sponsored 403b plan. Issues conceming the 403b plan will be determinedby the OESU 403b Oversight Committee which will be composed ofequalmembership appointed by the Association, the Superintendent, and boardmembers.

C. Section 125 Plan provided by the District.

7.4 Overtime: Overtime must be approved in advance by the Superintendent.

7.5 Salary Increases: For the 2019-2020 school year, the salary grid has been redefined asenclosed. Employees have been placed according to the new grids. However, noemployee shall receive less than a $1.00 per hour increase.

7.6 Salary Placement: All newly hired employees will be placed on the salary schedule inaccordance with the experience level recommended by the Superintendent. Relevantwork experience and educational qualifications/certification as determined by theSuperintendent shall be considered as criteria in detemiining the appropriate wage scaleupon initial employment. New employees will not be placed on the salary schedule

Orange East S.U. - ESP 2019-2020 9FINAL April 2, 2019

above current employees with similar work experience. If a new position is developed ora position with specialized skills is required, the Superintendent will determine whichstep ofthe salary schedule it is placed on.

A. Paraprofessionals tasked with administering exceptional student needresponsibilities (as agreed upon by the Association, the student servicesadministrator, and the Superintendent) shall receive an annual payment equivalentto four steps above their salary schedule placement. Up to four ofthese paymentsper building shall be issued at the same time at which annual employmentcontracts are offered each year. In situations agreed upon by the aforementionedparties, pro-rated payments may also be issued during the contract year.

7.7 In the event a paraprofessional is assigned to work as a substitute for a teacher, he/shewill be paid the paraprofessional rate plus $2.50 per hour over their regular pay.Paraprofessionals may only substitute for a teacher as long as [EP services are notcompromised.

ARTICLE VIIIGrievance Procedure

8.1 Definition: Any claim by the Association, an employee or employees, that there hasbeen a violation, misinteq^retation, or misapplication ofthe terms ofthis Agreement.

8.2 Time Limits;

A. All time limits provided for in this grievance procedure shall consist ofemployeeworkdays. When a grievance is submitted on or after June 1, time limits shallconsist ofall weekdays (except for legal holidays). The timelines herein may bemodified by mutual agreement.

B. No grievance shall be given consideration unless it is filed at the appropriatebeginning step within twenty (20) days after the grievant had knowledge oftheoccurrence, which gave rise to the grievance.

C. No grievance shall be entertained except in accordance with the proceduresspecified in this contract. Failure ofthe grievant or Association to advance thegrievance to the next step ofthe grievance procedure within the time limitscontained in this Article VIII shall render the grievance null and void. Failure ofthe Board or administration to respond to the grievance within the time limitscontained herein shall constitute a denial ofthe grievance thereby triggering theright of the grievant/Association to pursue the grievance to the next step of theprocedure.

8.3 Grievant Representation: In the formal grievance procedure herein provided, thegrievant shall at all times be entitled to be represented by representatives oftheAssociation or to appear with the assistance of such representatives; except, at no time


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shall the grievant be represented by an administrative official ofthe school district or arepresentative/attomey not affiliated with the Association.

8.4 Association Representation: The Association shall at all times have the right torepresent itselfat grievance hearings and to present its positions with respect to matters ofcontract interpretation.

8.5 Class Action: Unless otherwise mutually agreed, all grievances arising out ofthe samesets offacts and/or involving the same issue shall be combined and considered as a singlegnevance.

8.6 Informal Resolution: Nothing contained in this grievance procedure shall be construedas limiting the right ofany employee having a grievance to discuss the matter informallywith his/her supervisors, before filing the matter as a foimal grievance, and having thedispute adjusted without intervention ofthe Association; provided, such adjustment is notinconsistent with the terms ofthis Agreement. Should infoiTnal processes fail to resolvethe grievance, a formal filing ofgrievance shall be made in accordance with theprocedures herein.

8.7 ProcedureStep 1: The grievant shall forward a written copy ofthe grievance to the Principal (orequivalent position), setting forth the specified problem being grieved and stating theredress sought. The Principal (or equivalent position) shall conduct a meeting with thegrievant and Association within five (5) days ofreceipt ofthe grievance and shall providea written response to the grievant/Association within five (5) days ofsaid meeting.

Step 2: Ifthe grievance is not resolved at Step 1, the grievant may, within ten (10)daysofreceipt ofthe Step 1 response, forward a written copy ofthe grievance to theSuperintendent of Schools indicating the reason for dissatisfaction with the decision ofthe Principal and stating the redress sought. The Superintendent shall conduct a meetingwith the grievant and Association within ten (10) days ofreceipt ofthe grievance andshall provide a written response to the grievant/Association within ten (10) days ofsaidmeeting.

Step 3: Ifthe grievance is not resolved at Step 2, the grievant may, within ten (10)daysofreceipt ofthe Step 2 response, forward the grievance in writing to the Chair oftheBoard of Directors or his/her agent, setting forth the reason for dissatisfaction with thedecision ofthe Superintendent and stating the redress sought. The Board, or a designatedrepresentative(s) thereof, shall conduct a meeting with the grievant and Associationwithin twenty (20) days ofreceipt ofthe grievance and shall provide a vvritten response tothe grievant/Association within ten (10) days ofsaid meeting.

Step 4: Ifthe grievance is not resolved at Step 3, the Association may demandarbitration, by written notice to the Superintendent within twenty (20) days ofreceipt ofthe Step 3 response. Such demand shall be in writing, and it shall be delivered in personor by registered or certified mail to the Superintendent. Ifany question arises as to thearbitrability ofthe grievance, such question will first be ruled upon by the arbitrator


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selected to hear the dispute prior to the hearing on the merits ofthe grievance beingconducted.

8.8 Appointment of an Arbitrator: The person ofthe arbitrator shall be determined bymutual agreement between the Board or its designated representative, and theAssociation. Should the parties be unable to agree upon the person of an arbitrator withinten (10) days ofthe demand for arbitration, then arbitration shall be requested from theAmerican Arbitration Association ("AAA"). If the grievance is not submitted to theAAA within twenty (20) days ofthe date ofthe demand for arbitration, the grievanceshall be considered null and void. Decisions ofthe arbitrator in matters ofgrievance shallbe final and binding, except that they shall be subject to the Vermont Uniform ArbitrationAct and the Rules ofthe American Arbitration Association. Costs of arbitration shall beborne equally by the parties to the grievance. The arbitrator shall have no power to addto, delete from, amend, ignore, or in any manner alter the existing contract. Costs oftranscripts and witnesses, ifany, shall be bome by the party requiring it. It is agreed thatthe arbitrator is empowered to award only compensatory damages and that the arbitratorshall have no authority to award interest on such damages or attorneys fees.

8.9 Step By-Pass: Provided the Association and the Superintendent agree, Step 1, and/orStep 2 ofthe grievance procedure may be by-passed and the grievance brought directly tothe next step. Class grievances involving an administrator above the school principallevel may be filed by the Association at Step 2.

8.10 Cooperation: The Board and the Association will cooperate in the investigation ofanygrievance, and they will furnish to one another such reasonable information as isnecessary for the processing ofa grievance.

8.11 Processing. Under no circumstances shall the Association involve students who areminors in the investigation, processing or hearing ofa grievance unless prior writtenconsent from a parent or guardian is filed with the Superintendent at least twenty-four(24) hours before such involvement. The student's parent(s) or guardian shall be presentduring any meeting between an Association representative and the student.

8.12 Files: All documents, communications, and records dealing with the processing of agrievance shall be filed separately from the personnel files ofthe participants pendingresolution ofthe grievance.

8.13 No Reprisals: No reprisals of any kind will be taken by the Board, the Administration,or the Association against any employee because of his/her participation in this grievanceprocedure.

8.14 Election of a Remedy: An employee who seeks resolution in court or before anadministrative agency ofa matter which is subject to the Grievance and Arbitrationprovisions ofthis Agreement shall be deemed to have waived his /her right to arbitratesaid issue pursuant to this Article.


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ARTICLE IXTemporary and Long-Term Leaves ofAbsence

9.1 Sick and Family Illness Leave:

A. Full-time employees shall be entitled to paid leave for absences due to personalillness and physical disability, including disabilities connected with or resultingfrom pregnancy, as set forth herein. When a disability can be foreseen, as in thecase ofelective surgery and pregnancy, the employee shall notify his/hersupervisor and the Director ofHuman Resources ofthe expected commencementdate ofthe sick leave as soon as this date is determinable.

B. Each employee shall begin each contract year with a credit often (10) paid sickleave days for said year, and these days shall be cumulative from year-to-year tothe maximum total sick leave entitlement of ninety (90) days. All days in excessofninety (90) shall be automatically donated to the sick leave bank. Employeeswho currently have in excess ofninety (90) days ofaccumulated leave shall retainsuch excess leave until it is used, after which point the ninety (90) day limit shallapply.

C. An employee may use his/her accumulated sick leave to care for an ill personresiding in the employee's home, or the employee's spouse, domestic partner,parent, or child. The Superintendent (or his/her designee) shall have thediscretion to authorize the use of sick leave to care for individuals other than thosenoted herein without establishing a precedent.

D. It is the right ofthe Superintendent to verify illness where absences exceed three(3) consecutive days, or there is a demonstrable pattem ofabuse, even thoughthree (3) consecutive days have not been missed.

E. An employee in good standing who has worked a minimum of fifteen (15)consecutive years within the Supervisory Union, shall be entitled to ten dollars($10.00) for each accumulated unused sick day as ofthe official date oftermination ofemployment. Employees who leave prior to fifteen (15)consecutive years ofservice shall have his/her days donated to the sick bank upontermination of employment.

9.2 Personal Days and Emergency Leave: Employees shall be eligible for five (5) days peryear for personal reasons or emergencies. Notice to the Administration that personal oremergency leave is to be taken shall be provided as early as possible. An employee mayuse personal leave on the last school day before a school holiday/vacation, or the schoolday immediately following a school holiday/vacation, provided the Superintendent (orhis/her designee) determines the staffing needs ofthe school can be satisfied with theemployee absent; such decision shall not be subject to the grievance procedure ofthisAgreement.


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9.3 If no more than five (5) sick or personal/emergency days are used throughout the year,the Board will grant one (1) paid incentive day to the employee in the final paycheck ofthat year.

9.4 Professional Leave: Professional leave days may be granted, at the discretion ofthesuperintendent (or his/her designee), for the purpose ofvisiting other schools or attendingmeetings or conferences ofan educational nature. Such leave must be related to theemployee'sjob and be consistent with the School District's Action plan and generaleducational needs.

9.5 Bereavement Leave: In the event of a death in the immediate family of an employee,the employee shall be provided five (5) days ofpaid leave per such occurrence. Forpurposes ofthis paragraph, immediate family is defined as spouse, children, parents,parent-in-law, grandparents, siblings, siblings-in-law, or person residing in theemployees' home. The superintendent (or his/her designee) shall have the discretion togrant additional time or to grant bereavement leave for individuals not noted hereinwithout establishing a precedent.

9.6 Jury Duty: Employees shall be provided paid leave forjury duty, less the amount paidto the employee by the court (court paid mileage/meal allowances will be retained by theemployee).

9.7 Workers' Compensation: For any period oftime that an employee is receivingworkers' compensation benefits, the employee may utilize his/her accumulated sick leaveon a pro-rata basis to offset the difference between the said benefits and the employee'sregular per diem salary.

9.8 Parental and Family Leave:

A. In the event ofthe birth or adoption ofa child, or the need to care for animmediate family member suffering from a serious illness, an employee may electto take an unpaid leave ofabsence for up to one (1) full school year. Theemployee will notify the superintendent (or his/her designee) ofthe length oftheleave at least thirty (30) calendar days prior to the date the leave is to commence,ifpossible. Based on the needs ofthe District, ifthe leave begins prior toFebruary Ist and the employee wishes to return after April 30th the employeemay be placed on involuntary leave until the beginning ofthe next schoolyear.The decision ofthe Superintendent (or his/her designee) on such involuntaryleave shall not be subject to the grievance procedure ofthis Agreement.

B. All benefits to which an employee was entitled at the time such leave ofabsencecommenced, shall be restored upon his/her retum from such leave, and he/sheshall be assigned to the same position, ifavailable, or substantially comparableposition in the same school from which he/she took leave. Neither salary stepcredit nor other leave benefits shall accrue during the period an employee vvas ona parental leave of absence.


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C. For this section, "immediate family members" shall be defined as: the employee'sspouse/partner, child, parents and parent-in-law. The Superintendent shall havethe discretion to grant this leave for individuals not noted herein withoutestablishing a precedent.

D. For this section, "serious illness" shall be defined as a medical condition which:a. poses imminent danger ofdeath,b. requires inpatient care in a hospital, orc. requires continuing in-home care under the directions of a physician.

9.9 Sick Leave Bank:A. A sick leave bank shall be maintained in each District to provide paid sick leave

in addition to the employee's individual entitlement under the terms and processesherein noted.

B. Administration1. Participation: Each employee must become a participating member ofthe

sick leave bank and shall do so by contributing two (2) sick days fromhis/her personal sick leave entitlement at the beginning ofthe employee'ssecond period ofemployment with the District.

2. First Year Employees: Employees in their first term of employment shallonly have rights to access the sick leave bank via the voluntary sick bankdonation under 9.2 E.

3. Minimum Days: The minimum number ofdays to be held in the sick leavebank for each individual District shall be equivalent to the number ofbargaining unit members in that District, multiplied by two (2); however,in no case shall the minimum be less than fifty (50) days.

4. Contributions to the bank: Should the bank fall below the specifiedminimum, each employee shall contribute two (2) additional days on anannual basis (more than two (2) on a voluntary basis), until the fundminimum is refurbished. However, in no given year should any oneemployee be required to contribute more than four (4) days to the sickleave bank (no more than two (2) days at OESU). If an employee has nodays to contribute in the year that a contribution is required, the employeeshall make his/her contribution at the beginning of the next school year.Employees may donate their cumulative sick leave time to the sick bankupon leaving the District if the sick bank is below the maximum.

5. Maximum Days: The maximum number of days to be held in the sickbank for each individual District shall be equivalent to the number ofbargaining unit members in that District, multiplied by ten (10); however,in no case shall the maximum be more than five hundred (500) days. Sickbank balances above the five hundred (500) maximum as ofJuly 1,2017


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shall remain until days are used to bring it below the maximum level;however, no new days will be added to the sick banks unless the balance isbelow the five hundred (500) day maximum. The maximum shall only beexceeded for the purposes of participation contributions.

C. The Sick Leave Bank will be administered by a single committee composed ofone (1) Association member and one (1) School Board member from each Districtand the Superintendent or his/her designee. Determination of approval will bebased on a majority vote ofthe membership ofthe committee. All record-keepinginvolved in the administration of the Sick Leave Bank shall be the responsibilityofthe Superintendent, but the Superintendent's office shall provide copies ofallrecords to the committee. Additionally, upon request, the Superintendent willprovide to any employee or the Association an accounting of the days used andavailable from the bank; this shall not include the identity of the individuals whohave used or requested days from the bank.

D. In any given case of an employee applying for days from the Sick Leave Bank,the committee shall consider the written application submitted and reach adecision on whether or not the application should be approved. A participatingemployee may file a written application to utilize the benefits of the Sick LeaveBank only under the following conditions:1. he/she has exhausted all other accumulated sick leave, and

2. he/she has a serious illness or disability.

3. The maximum number of days that can be withdrawn per individualrequest shall be the lesser of forty-five (45) days or the number necessaryfor the employee to satisfy the elimination period for long-term disabilitycoverage.

4. Application to the Sick Bank is pemiissible if an employee has exhaustedall sick leave and has a person with a long-term or serious illness ordisability residing in the employee's home, such as the employee's spouse,domestic partner, parent, or child. The Superintendent shall have thediscretion to authorize sick leave to care for individuals other than thosenoted herein without establishing a precedent.

5. Maternity Leave: Sick bank time may be requested for the purposes ofmaternity leave, based on medical necessity. An employee must havecompleted one-year of employment and become a participating member ofthe sick bank. The amount oftime shall be at least six (6) weeks, but shallnot exceed a total oftwelve (12) weeks inclusive ofthe employee's sicktime and sick bank time.

^msh

E. Voluntary Sick Bank Donations1. Employees who wish to donate time to fund the sick bank may do so by

submitting a request in writing under the procedures set forth by the

Orange East S.U. - ESP 2019-2020FINALApril2,20l9

16

Superintendent. The Superintendent will offer at least one opportunityeach school year for donation. Donations will not be allowed to bankswhich already exceed the maximums set forth in 9.9 B. 5.

In the case of a first-year employee who has not yet become aparticipating member of the sick bank, a request will be made forvoluntary donations to be directed to said employee.

When a sick bank has dropped below the minimum as defined in 9.9 B. 3.,a request for voluntary donations to refund the Sick Bank shall be madebefore using the process which is defined in 9.9. B. 4.

9.10 Military Leave: Leave shall be granted to any employee for military service as providedfor by the applicable Vermont and/or Federal Law. Any salary or benefit payments fromthe district shall be as specified.

9.11 Discretionary Leave: Leaves ofabsence not specifically referenced in this article maybe granted, with or without pay/benefits, at the discretion ofthe Board without setting aprecedent. Accumulated sick days and other accrued benefits will be restored upon thereturn ofthe employee from leave, and he/she will be assigned the same position, ifavailable, or substantially comparable position in the same school from which he/shetook the leave.

9.12 Statutory Leave: The Board shall comply with the requirements ofthe federal Familyand Medical Leave Act ("FMLA") and the VeiTnont Parental and Family Leave Act("PFLA") for eligible employees. Whenever an employee is granted paid or unpaid leavepursuant to the FMLA and/or PFLA for the same occurrence, both the leave providedpursuant to the Agreement and that which is provided pursuant to the FMLA/PFLA willbe provided concurrently. Also, FMLA/PFLA leave will be provided concurrent withWorkers' Compensation benefits where concurrent entitlement exists. The employeemay elect to use up to six (6) weeks ofany paid leave (to which the employee is entitledunder the terms ofthis Agreement) during any period ofleave provided pursuant toFMLA and/or PFLA. All other matters regarding the administration of leave providedpursuant to the FMLA and the PFLA shall be as provided by the district's policies andpractices.

9.13 Part-Time Employees: Part-time employees shall be entitled to all leaves noted in thisarticle on a pro-rata basis, based upon the employee's full time equivalency (FTE) underone ofthe following methods.

A. An employee contracted to work partial days for an entire school year shall beentitled to total number ofdays noted in this article but shall be paid for each dayat the per diem rate for the day ofabsence i.e., an employee contracted to workone-halfa day will receive a halfday ofpay for each day ofabsence.


17

B. An employee contracted to work full days for part ofthe school year shall receivefull pay for each day of absence but shall only be entitled to a pro-rata number ofthe specified days ofleave.

C. An employee contracted to work partial days for part ofthe school year shall haveboth the specified number ofdays and his/her pay for each day pro-rated byhis/her FTE.

9.14 Insurance Benefit Continuation: Whenever insurance benefits provided under theterms of the District Agreements are not automatically continued during a leave ofabsence, an employee shall have the right to continue said insurance benefits by payingthe full premium cost ofthe insurance. Such payments must be submitted to thesuperintendent on a monthly basis on a schedule established by the superintendent. Thissection shall typically apply to situations where an employee is granted an unpaid leaveof absence.

9.15 Leave Increments: Short-term paid leaves noted in Article IX shall be used inincrements ofone-quarter (or greater) ofthe employee's scheduled workday.

9.16 Holidays and Vacations:

A. Holidays:1. Year-round employees (261 days) shall be granted the following paid

holidays each work year. If school is in session on one or more oftheholidays listed, an employee required to work will be entitled tocompensatory time off.

Memorial Day Christmas Eve DayIndependence Day Christmas DayLabor Day New Year's Eve DayThanksgiving Day New Year's DayDay after Thanksgiving Three (3) floating holidays

2. Each regular school year Waits River employee, full- and part-time, willreceive two (2) paid holidays per calendar year: Thanksgiving Day andChristmas Day. Each regular school year employee, full- and part-time,will receive Town Meeting Day as an unpaid holiday.

B. Vacation Time

1. Full-time, full-year Oxbow employees will accrue five (5) vacation daysat the completion ofeach one hundred eighty (180) calendar days ofemployment to the maximum number of vacation days per year notedbelow. All vacation times must be used within twelve (12) months ofthedate that it is earned or it will be forfeited. If an employee resigns or isterminated, he/she shall be paid for any eamed but unused vacation time.Vacation leave can be taken at any time throughout the work yearprovided sufficient notice is given by the employee to the administrator


18

2.

and subject to a mutually agreed upon vacation schedule beingdetermined. In the event the parties are unable to reach an agreement, thefinal determination will be made by the administration.Employment Maximum Days/Year6 months 5 days1 -4 years 15 days5-8 years 20 days9 plus years 25 days

Full year Waits River employees shall receive paid vacation time asfollows. Employees must use the vacation time during the school year inwhich it is granted. After the tenth year ofemployment, employees mayopt to cash out up to five (5) unused vacation days per year.a. After first year of employment: 2 weeksb. After fifth year ofemployment: 3 weeksc. After tenth year of employment: 4 weeks

ARTICLE XWorkins Conditions

10.1 WorkYear:

A. Employees scheduled to work two hundred sixty-one (261) days per year shall bedesignated as full year employees. Employees scheduled to work less than twohundred sixty-one (261) days per year shall be designated as school yearemployees. The number ofdays employees will be assigned will be determinedby the District and the days/hours of employee assignments will be noted in theirannual employment contracts.

B. Days Per Work Year

1. Bradford: School year employees will work on hundred seventy-five(175) student days, three (3) in-service days, and will be paid for two (2)holidays (Thanksgiving & Christmas Day). The Superintendent mayrequire up to three (3) additional work days per year. Said days will becompensated at the employee's hourly rate ofpay. An employee may bereleased from duty for said days for extenuating circumstances with priorapproval ofthe Superintendent. The Superintendent will give at least sixty(60) days' notice prior to scheduling said days. Said days will bescheduled during one or more ofthe following time periods:a. the three (3) non-holiday weekdays prior to the start ofthe

regularly scheduled work yearb. the three (3) non-holiday weekdays at the end ofthe regularly

scheduled work yearc. any other day that the teachers are required to attend


19

2. Oxbow: School year employees will work one hundred seventy-five (175)student days, three (3) in-service days, and will be paid for four (4)holidays (Thanksgiving Day, Christmas Day, New Year's Day, andMemorial Day).

3. Waits River: The work year will consist ofone hundred seventy-five(175) student days with six (6) in-service days and two (2) holidays(Thanksgiving & Christmas Day) for a total ofone hundred eighty-three(183) days. Vacation and personal days will not be used on professionaldevelopment days.

4. River Bend: CTE Lab Assistants will work the same number ofdays asthe teachers in the Center (at the time ofthis agreement, 186 days).

10.2 Work DayAVeek:

A. The work day shall consist of seven (7) hours per day inclusive ofthe lunchperiod. The length ofthe work day may change as the length ofthe schooldaychanges.

B. The District shall establish the length of each employee's regular workday/weekso long as the regular day does not exceed eight hours. For the purpose ofhealthinsurance and other benefits, 35 hours per week shall be considered full-time.

C. In the event that employees are directed to attend school meetings or eventsoutside their normal workday, they shall be paid for all time at such meetings orevents.

D. If school is cancelled by the Administration for emergencies or weather-relatedreasons (i.e., non-scheduled closings, early dismissals or late start) after anemployee arrives at work, said employee will be paid for the full day.

E. Employees shall be compensated at their normal hourly pay for all time workedover regularly scheduled hours, and at time and one-half for all time worked over40 hours in any week.

F. CTE Lab Assistants shall work the same number ofhours per day/week asteachers (currently 7.5 hours per day, 37.5 hours per week).

10.3 Mileage Reimbursement. Employees who are required by the Superintendent to usetheir personal automobiles for official school business will be reimbursed at the IRS rate.This will not apply to travel between/among buildings within the District. No employeesshall be required to transport a student in his/her private vehicle.

10.4 Health and Safety: The parties recognize that the health, safety and well being ofthestudents are their primary responsibility. As defined by state and federal health and


20

safety laws (e.g. VOSHA, OSHA, etc.) employees shall not be required to work underunsafe or hazardous conditions."

10.5 ACT 153: Any paraprofessional or other ESP bargaining member from member districtswithin OESU vvho is transferred or hired by Orange East Supervisory Union incompliance with ACT 153 shall be held hamiless as far as salary and benefits. In noinstance, shall any such member be paid less than they would ifthey remained employedby their previous district within OESU, nor shall they receive fewer benefits thanpreviously.

TRANSITION OF SPECIAL EDUCATOR EMPLOYMENT (ESP)

Should the Orange East Supervisory Union (OESU) become the employer ofany specialeducation ESP employee ofa member school district ofOESU, the employee(s) soaffected will be recognized as member(s) ofthe Orange East Education Association ESPBargaining Unit, retain all salary, seniority and or benefits to which he/she was entitled atthe time ofthe change ofthe employer. These OESU employees will remain on thewage/salary schedule covering ESP in their original District ofemployment until such timeas a wage/salary schedule for all ESP in the OESU is bargained.

Ifat the time oftransition a reduction in force is contemplated by the Board, the reductionin force language in this agreement will be used.

New ESP employees ofthe OESU (non-transitioning) employees will be covered by the ESPportions ofthis agreement for the district they are assigned to work, and the wage/salaryschedules for that district, unless and until a wage/ salary schedule and any addendumlanguage for all ESP in the OESU is bargained.

Should the Orange East Supervisory Union cease to be the employer, the employee(s)will be recognized as members ofthe bargaining unit oftheir original school, retain all salary,seniority and benefits, and employment shall be assumed by the school districts thatcomprise the Orange East Supervisory Union.

10.6 Course Reimbursement

A. The Board shall maintain a pool ofmoney for professional development coursesfor support staff. The amount ofthe pool shall be determined annually on orbefore September 1 by multiplying the number of bargaining unit members timesfive hundred dollars ($500.00).

B. When professional development pool money is used to pay for college courses,the staff member shall be entitled to payment upon registration for one course upto the cost ofthree (3) credits at the UVM in-state tuition rate each school year, aslimited by the pool. A staffmember shall be entitled to full or partialreimbursement for additional courses to deplete the monies remaining in the poolat the fiscal year's close. Only requests submitted to the Superintendent beforeJune 1 will be eligible for additional proportional reimbursement. The


21

Superintendent shall not withhold approval for courses reasonably related to astaffmember's assignment.

C. The year for the pool begins July 1 each year. Courses are allocated to the poolestablished in the contract year during which the courses end. The staffmembershall provide proofofsuccessful completion of coursework, otherwise the staffmember shall be required to repay the District in the form ofpayroll withholding.Successful completion is defined as receiving a pass grade of seventy (70) orbetter, or in the case of a pass/fail, the staff member must receive a pass.

ARTICLE XIInsurance

11.1 Coverage:

A. The Board agrees to provide insurance coverage for employees as set forth in thisAgreement, subject to the rules, regulations and eligibility requirements oftheindividual insurance carrier, unless such eligibility requirements are modified bythe terms ofthis Agreement. The Board shall be held harmless for any and allcosts or claims in the event that the insurance carrier denies coverage for such aclaim; further, the Board shall not be liable for any act or omission ofanyinsurance carrier, its employees or agents, or any person fumishing professionalservices provided pursuant to the insurance coverage set forth in this Agreement.

B. In the event that both members ofa married couple (or the employee and his/herCivil Union partner) are employed by any Board within the Supervisory Union,the employees shall be provided only one insurance plan for the spouses as a unit(i.e., one two-person or one family membership). The Boards employing suchemployees shall share the premium cost for said plan in a ratio determined bysuch Boards.

C. For school year employees who have agreed to retum to the District for the newschool year the insurance coverage set forth in this Article shall be in force overthe summer vacation. Ifan employee does not agree to return to the District for anew school year, insurance coverage will cease effective July 1 . If an employeeceases to be a District employee prior to expiration date ofhis/her individualemployment contract the District's obligation to contribute toward the employee'sinsurance coverage shall cease immediately upon termination ofthe employmentrelationship. Upon termination ofemployment, any employee contributionswhich were prepaid for the summer months will be reimbursed to the employee.

D. Part-time employees shall be entitled to fringe benefits on a pro-rata basis.


22

11.2 Health Insurance:

A. Plan & Contribution:

1. Oxbow & Bradford: The Board agrees to offer the choice ofcoverage insingle, two-person, parent and child/ren, or family tiers in the selection ofVEHI plans consisting ofthe Platinum, Gold, Gold CDHP, and SilverCDHP. The Board agrees to pay a premium sharing equivalent to eight-five percent (85%) ofthe premium ofthe Gold CDHP plan in whichevertier the Employee selects.

2. Waits River: The employee's contribution for health insurance premiumswill be included in the Section 125 Plan and will be deducted in equalinstallments from the employee's payroll.

a. Any employee hired on or before December 31, 2017 shall havethe option to select the single tier coverage in the selection oftheVEHI plans consisting ofthe Platinum, Gold, Gold CDHP, andSilver CDHP. The Board agrees to pay the premium sharingequivalent to ninety-five percent (95%) ofthe premium ofthe GoldCDHP plan in the single tier. Employees shall also have the optionoftwo-person, parent and child/ren, or family tiers in the selectionofthe VEHI plans. The Board agrees to pay the premium sharingequivalent to eighty-five percent (85%) ofthe premium ofthe GoldCDHP plan in whichever tier the Employee selects. Should anemployee elect a coverage greater than single, he/she shall only beeligible to retum to single tier coverage under the terms of 11.2 A.2. b. noted herein.

b. For any employee hired on or after January 1, 2018, the Boardagrees to offer the choice in coverage of single, two-person, parentand child/ren, or family tiers in the selection ofthe VEHI plansconsisting ofthe Platinum, Gold, Gold CDHP, and Silver CDHP.The Board agrees to pay the premium sharing equivalent to eighty-five percent (85%) ofthe premium ofthe Gold CDHP plan inwhichever tier the Employee selects.

B. Part-time Status: Health coverage is available, on a pro-rata basis, to any part-time support staffemployee working a minimum oftwenty (20). Employees mustwork thirty-five (35) hours per week to qualify for full-time benefits.

C. Payment In-Lieu ofHeaIth Insurance Coverage: Where applicable, for anyemployee who does not take the health insurance coverage, the Board shallprovide a payment offive hundred dollars ($500.00). The payment shall beissued by June 1 and pro-rated for mid-year changes and/or full-time equivalency.Proofofenrollment in another insurance plan must be provided on or before May


23

1 in order to receive the payment and is subject to review under the Section 125plan documents.

11.3 Section 125 PlansA. The Board shall offer the choice ofthe following to employees who enroll in one

ofthe VEHI health insurance plans.1. Health Reimbursement Account (HRA): The Board will offer a

contribution equivalent to to ninety-three (93%) ofthe out-of-pocketmaximum ofthe Gold CDHP plan in plan year 2019 and a contributionequivalent to ninety-two percent (92%) ofthe out-of-pocket maximum ofthe Gold CDHP plan in plan year 2020.a. The HRA will cover medical and pharmacy deductible and

coinsurance only.b. The Board will provide reimbursement directly to the provider of

medical services.c. Any member ofthe family enrolled in the HRA shall be permitted

to use the total contribution.d. HRA balances will not exceed ninety-three (93%) ofthe out-of-

pocket maximum ofthe Gold CDHP plan in 2019 and ninety-twopercent (92%) ofthe out-of-pocket maximum ofthe Gold CDHPplan in 2020.

e. There will be a thirty (30) day run-out period for the HRA.f. Mid-year enrollees shall receive a pro-rated contribution.g. The Employer shall be responsible for the monthly fee applied to

the enrollment in this account.2. Health Savings Account (HSA): The Board will offer a contribution

equivalent to eighty percent (80%) ofthe out-of-pocket maximum oftheGold CDHP plan in plan years 2019 and 2020.a. Contributions will be made in equal installments on January 15 and

July 15 ofthe plan year. New hires shall receive their contributionon September 15.

b. The Employee shall be responsible for the monthly fee applied tothe enrollment in this account.

B. Both a health care flexible spending account (FSA) and a dependent carereimbursement account (DCRA) will be included in the Section 125 plan.Enrollment is voluntary and must be selected within each am'iual OpenEnrollment cycle.

11.4 Long Term Disability:

A. Employees shall be entitled to coverage under a long-term disability ("LTD")insurance plan pursuant to the regulations, tenns and conditions of the insurancecarrier. He/she shall have health, dental, and life insurance benefits maintainedfor six months from the date of disability maintaining the employer/employeecost-sharing as set forth in this Agreement. After six months, the employee shallbe responsible for full premiums for any benefits he/she wishes to maintain. Saidplan shall provide an eligible employee, on a monthly basis, with sixty-six and


24

two-thirds percent (66.6%) of said employee's salary. Said disability plan shallhave a ninety (90) calendar day elimination period.

B. The Board shall be responsible for 100% ofthe premium cost ofthis long-termdisability insurance plan.

C. Each eligible employee shall apply for LTD coverage at the earliest possible timeallowed by the carrier (i.e., so that benefit payments will commence at thecompletion of the ninety (90) day elimination period) and shall utilize suchbenefits as soon as they are authorized by the carrier. Once the employee isreceiving LTD benefits, he/she will no longer be eligible for any other sick ordisability benefits provided by this Agreement. In the event both paid sick leaveand LTD benefits are paid for the same day, the employee shall be required toreimburse the District for the paid sick leave days.

D. Once an employee has been receiving a combination of sick leave and long-termdisability benefits pursuant to this Agreement for a period of twelve (12)consecutive months, said employee shall no longer have automatic employmentreinstatement rights with the District.

11.5 Dental Benefit

A. Oxbow & Bradford: Each employee will receive six hundred dollars ($600.00)annually for dental expenses. The money may be used as a reimbursement plan,to purchase a dental plan, or as a year-end payment. Any ofthe six hundreddollars ($600.00) remaining in the employee's dental account at the end ofthefiscal year will be taxed and paid to the employee. The cost ofa dental planwhich exceeds six hundred dollars ($600.00) shall be paid by the employee inequal payroll deduction installments.

B. Waits River: The Board shall pay fifty percent (50%) fo the premium cost oftheVEHI Delta Dental Plan 2, for single coverage only. Employees shall pay fiftypercent (50%) ofthe premium through payroll deduction. Employees shall beeligible to purchase the two-person or family plan.

Life Insurance: The Board shall provide for and pay for the premiums ofgroupterm life insurance of fifty thousand dollars ($50,000) for each employee.Said insurance plan shall also include the accidental death anddismemberment rider with the overall life maximum of fifty thousand dollars($50,000).

11.6

11.7 Retirement: The Board shall provide a fifty percent (50%) match for retirement savingswith the Board's contribution not to exceed three percent (3%). Union High School #30support staffhired prior to July 1, 2016 will maintain a ten percent (10%) contribution toretirement until tennination and vvill not be eligible for the matching contribution.Employees who are a part ofa reduction in force will remain grandfathered for thelifetime ofthe employee's recall rights.


11.8 Work-CIothing Reimbursement: The Board shall issue a taxable payment ofthreehundred dollars ($300) per custodian per year for the purposes of reimbursing for work-clothing purchased by the custodian, This stipend shall be paid in the September 15paycheck each year.

(<:"'

ARTICLE XIIReductionofStaff

12.1 Whenever the Board, in the exercise of its sole discretion, finds it necessary to reduce thesize ofthe staff, the following layoffprocedures noted herein shall be observed,

12.2 The Association shall be notified of any contemplated reduction in staff as early aspracticable as and no later than the date the affected employee is notified.

12.3 When an employee's position is eliminated, the employee will be so notified, at leastthirty (30) work days prior to the effective date ofsuch elimination; at the discretion ofthe District, the employee may be paid in lieu ofthis thirty-day notice.

12.4 No employee will be laid offunder the provision ofthis Article ifthe reduction in staffcan be accomplished by normal staff turnover. When a position is eliminated, theemployee to be laid offas a result ofsuch elimination will be selected based upon theapplication ofhis/her seniority within the following district-wide layoffcategories:A. Cook/Food Service/Kitchen StaffB. SecretaryC. Administrative AssistantD. Librarian AssistantE. Special Education Tutor, Special Education Assistant, Resource Room Tutor

Classroom Para-educator; Special Education Assistant ECP.F. Individual Student Assistant (each individual student assistant shall constitute

his/her own layoff category)G. CustodianH. Maintenance WorkerI. Team LeaderJ. Career & Technical Education Lab Assistant (each CTE instruction area shall

constitute its own layoff category, i.e. automotive, construction, general, etc.)

12.5 Individuals in category "E" who transfer (voluntarily or involuntarily) to category "F"

shall retain seniority rights in their original category ("E") ifthey are laid offwhile incategory "F".

12.6 For a period oftwelve (12) months from the effective date oflayoff, employees shall berecalled in the reverse order oflayoffto any open position within the layoff category inwhich they were laid off. When a position becomes open, the Superintendent shallpromptly send notification ofthe open position to the employee who is eligible for recall


26

12.7

either by e-mail or by certified mail. It shall be the responsibility ofthe employee toprovide the District with his/her cun-ent mailing address while on layoff. If an employeeso notified fails to accept said position within fifteen (15) calendar days ofreceipt ofnotification, the employee shall be deemed to have declined the position and shall bedeemed to have waived all further recall rights. An employee under the provisions ofthisArticle shall have all previously accmed benefits, as ofthe time ofhis/her layoff,reinstated as ofthe date he/she retums to active employment.

Seniority shall be defined as the employee's most recent period ofcontinuousemployment with the District in a bargaining unit position, beginning with the date thatthe employee's letter ofintent (signed by the employee, is received by theSuperintendent's office). On or before December 1 ofeach school year, the District willprovide a seniority list to employees and the Association. Either individual employees orthe Association may file a grievance concerning the seniority list within the time limitsnoted in the grievance procedure ofthis Agreement. Failure to grieve the list willconstitute acceptance ofthe list.

ARTICLE XIIICompliance

13.1 Severability: Ifany section, subsection, provisions, clause, or portion ofthis Agreementshall for any reason become invalid, or be deemed so by a court of competentjurisdiction, such section, subsection, provision, clause, or portion ofthe Agreement shallbe deemed a separate, distinct, and independent provision and such invalidity shall notaffect the validity ifthe remaining portions thereof.

13.2 Finality ofAgreement. This Agreement is a complete agreement between the partiescovering all issues that were the subject of negotiations. The parties agree that therelations between them shall be governed only by the terms ofthis Agreement and theDistrict Agreements. No prior agreements or understandings, oral or written, shall becontrolling or in any vvay affect the relations between the parties, except where suchagreements have been reduced to writing and signed by the parties. All matters that werethe subject of negotiations shall be treated as having been brought up and disposed of,and neither the Board nor the Association shall be under any obligation to discuss withthe other any modifications or additions to either this Agreement or the DistrictAgreements during the term ofsuch agreements.

ARTICLE XIVNegotiation for A Syccessor Contract

14.1 On or before November 1 ofthe year prior to the year in which this Agreement expires,the Association and the Boards may notify the other party of its desire to terminate ormodify the terms and conditions of this Agreement. Notice shall be in writing viacertified mail. Thereafter, the parties will schedule and conduct negotiating sessions asprovided by 21 V.S.A. Chapter 22. Notice to the Boards shall be sent from the


15.1

Association's President to the Superintendent and notice to the Association shall be sentfrom the Superintendent to the Association's President.

ARTICLE XVNo Strike Clause

The Board and the Association subscribe to the principle that differences shall beresolved by peaceful and appropriate means and without interruption ofwork. TheAssociation agrees, therefore, that there shall be no strikes, work stoppages, or otherconcerted refusal to perform work by the employees covered by this Agreement, nor anyinstigation thereof during the life ofthis Agreement, and the Board agrees that there shallbe no lockout.

"*fc,

ARTICLE XVIDuration

16.1 This Agreement shall become effective July 1, 2019 and shall continue in full force andeffect until twelve (12:00) midnight, June 30, 2020. Ifneither the Board nor theAssociation give written notice to the other of its intention to negotiate a successor to thisAgreement by November 1 ofthe year prior to the expiration date ofthis Agreement, thisAgreement will automatically be renewed and will continue in full force and effect foradditional period ofone (1) year.

16.2 In the event the parties have not agreed upon the terms ofa successor to this Agreementon or before the expiration date ofthis Agreement, there shall be no vertical wage stepmovement provided to employees for the following school year unless and until suchmovement is expressly agreed upon in writing.


28

IN WITNESS WHEREOF THE PARTIES hereunto affix their hands and seals.

fy6r(^.cpd^ftiy & Graded School District

Uoi^ntrfigff^ôl'Di^tiHo30

^lÂA^^,ityRêr Valley School - Unified District No.36

^Ôranfc East Educ&tiSn Association

Date:^{Mi±f^

Date: ^/-2//<7

Date: 4/Lf-/^

Datex//2/^


29

2019-2020 Salarv Grids

Paraeducators

StepABcDEFGHIJKLMNop

QRsT

NoCert13.2513.7514.2514.7515.2515.7516.2516.7517.2517.7518.2518.7519.2519.7520.2520.7521.2521.7522.2522.75

Certificate13.7514.2514.7515.2515.7516.2516.7517.2517.7518.2518.7519.2519.7520.2520.7521.2521.7522.2522.7523.25


30

Adininistrative Support

StepABcDEFGHIJKLMNopQRsT

Secretary13.7514.2514.7515.2515.7516.2516.7517.2517.7518.2518.7519.2519.7520.2520.7521.2521.7522.2522.7523.25

BookkeeRer14.2514.7515.2515.7516.2516.7517.2517.7518.2518.75.19.2519.7520.2520.7521.2521.7522.2522.7523.2523.75

Adniin. Asst.14.7515.2515.7516.2516.7517.2517.7518.2518.7519.2519.7520.2520.7521.2521.7522.2522.7523.2523.7524.25


31

StepABcDEFGHIJKLMNopQRsT

Food Service& Custodian Maintenance

12.7513.2513.7514.2514.7515.2515.7516.2516.7517.2517.7518.2518.7519.2519.7520.2520.7521.2521.7522.25

13.2513.7514.2514.7515.2515.7516.2516.7517.2517.7518.2518.7519.2519.7520.2520.7521.2521.7522.2522.75

CTE Lab Assistant

StepABcDEFGHIJKLMN

HS17.1817.9818.7819.5820.3821.1821.9822.7823.5824.3825.1825.9826.7827.58

AS17.9818.7819.5820.3821.1821.9822.7823.5824.3825.1825.9826.7827.5828.38

AS+1518.7819.5820.3821.1821.9822.7823.5824.3825.1825.9826.7827.5828.3829.18

AS+3019.5820.3821.1821.9822.7823.5824.3825.1825.9826.7827.5828.3829.1829.98

B20.3821.1821.9822.7823.5824.3825.1825.9826.7827.5828.3829.1829.9830.78


32

2019-2020 Salarv Grid Placement

ParaeducatorsNo Certificate

Years Exp0,1234,5678

9,10,1112

13,14,1516,17,1819,20,21

22,23,24,25,2627,28

29,30,3132,33,34,35

36373839

40+

PlacementABcDEFGHIJKLMNop

QRsT

CertificateYears Exp Placement

O A1,2,3 B4,5 C6 D7 E

8,9,10 F11,12,13 G14,15,16 H

17,18 I19,20,21 J

22 K23,24,25,26 L

27,28 M29,30,31 N

32,33,34,35 O36 P37 Q38 R39 S

40+ T

DegreeYears Exp Placement

0,1,2,3 A4,5 B6 C7 D8 E

9,10 F11,12,13 G14,15,16 H

17,18 I19,20,21 J

22 K23,24,25,26 L

27,28 M29,30,31 N

32,33,34,35 O36 P37 Q38 R39 S

40+ T


33


34

Administrative Support

SecretarYYears Exp Placement

0,1 A2,3 B4,5 C6,7 D

8,9,10 E11,12,13 F

14,15,16,17 G18,19,20 H21,22,23 I24,25,26 J27,28,29 K30,31,32 L33,34,35 M36,37,38 N

39 O40 P41 Q42 R43 S44 T

BookkeeperYears Exp Placement

0,1 A2 B3 C4 D5 E6 F7 G8,9 H

10,11 I12,13,14 J15,16,17 K18,19,20 L21,22,23 M24,25,26 N27,28,29 O30,31 P

32,33,34 Q35,36,37 R38,39 S40+ T

Admin. Asst.Years Exp Placement

0,1 A2 B3,4 C5,6 D7,8

'E

9,10 F11,12 G13 H

14,15 I16,17 J18,19 K20,21 L22,23 M

24,25,26 N27,28,29 O30,31 P

32,33,34 Q35,36,37 R38,39 S40+ T

MaintenanceYears Exp

0,12,34,56789101112

13J415,16,1718,19,20

21,22,23,2425,26,27,2829,30,31,3233,34,35,3637,38,39,40

4142+

PIacementABcDEFGHIJKLMNop

QRsT

CustodianYears Exp

0,12,34567,89

10,11,12,1314,15,16,1718,19,20,2122,23,24,2526,27,28,29

30,3132

33,34,353637383940+

PlacementABcDEFGHIJKLMNopQRsT

Food ServiceYears Exp

0,12,3,45,6,78,9,10

11,12,12,1415,16,17,18

1920212223

24,2526,27

28,29,30,31,3233,34,35

3637383940+

PlacementABcDEFGHIJKLMNop

QRsT

CTE Lab Assistant: Each step equates to 1 year ofexperience for 2019-2020.


35

Index

Act 153 10.5Appointment ofan Arbitrator 8.8Association Activities 5.5Association Dues Deduction 7.2Association Representation 8.4Bargaining Unit 1.1Bereavement Leave 9.5Business 2.2Class Action 8.5Complaints 4.2Compliance - Article XIIIContract Renewal 5.2Cooperation 8.10Copies ofAgreement 2.4Course Reimbursement 10.6Definitions 1.2Dental Benefits 11.5Discretionary Leave 9.11District Equipment 5.7Document Removal 6.3Duration - Article XVIElection ofa Remedy 8.14Employee Evaluation/Complaints - Article

IVEmployment Rights - Article VEvaluations 4.1Facilities 2.1Files6.1Files 8.12File/Document Review 6.2Finality ofAgreement 13.2Grievance Procedure - Article VIIIGrievance Procedure Definition 8.1Grievance Procedure Time Limits 8.2Grievant Representation 8.3HealthandSafetylO.4Health Insurance 11.2Highly Qualified 5.8Holidays and Vacations 9.16IRS Section 125 Account 11.3Informal Resolution 8.6Insurance Benefit Continuation 9.14Insurance - Article XIInsurance Coverage 11.1Jury Duty 9.6

Just Cause 5.4Leave Increments 9.15Life Insurance 11.6Long-Term Disability 11.4Mileage Reimbursement 10.3Military Leave9.IONegotiation for a Successor Contract

Article XIVNoReprisals8.13No Strike Clause - Article XVNondiscrimination 5.6Notices 2.3Overtime 7.4Parental and Family Leave 9.8Part-Time Employees 9.13Payroll Deduction 7.3Payroll Issues - Article VIIPayroll Period 7. lPersonal Days & Emergency Leave 9.2Personnel Files - Article VIProbationary Contract 5.3Processing 8.11Professional Leave 9.4Recognition, Article IReduction ofStaff- Article XIIRepresentation 5.1Retirement 11.7Rights ofthe Association - Article IIRights ofthe Board - Article IIISalary Increases 7.5Salary Placement 7.6Severability 13.1Sick and Family Illness Leave 9.1Sick Leave Bank 9.9Statutory Leave 9.12Step By-Pass 8.9Step Procedure 8.7Temporary and Long-Term Leaves of

Absence - Article IXWork Clothing Reimbursement 11.8WorkDay/WeeklO.2WorkYearlO.lWorkers' Compensation 9.7Working Conditions - Article X


36

orange east supervisory union esp merged agreement · 1.2 defmitions: a. throughout this merged...

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