Professional Documents
Culture Documents
BETWEEN
THE NORTHAMPTON ASSOCIATION OF SCHOOL EMPLOYEES
AFFILIATED WITH
THE MASSACHUSETTS TEACHERS ASSOCIATION
CUSTODIANS UNIT
AND
NORTHAMPTON SCHOOL COMMITTEE
212 MAIN STREET, NORTHAMPTON
MASSACHUSETTS 01060
TABLE OF CONTENTS
ARTICLE I RECOGNITION ......................................................................................................... 1
ARTICLE II MANAGEMENT RIGHTS....................................................................................... 1
ARTICLE III NONDISCRIMINATION........................................................................................ 4
ARTICLE IV GRIEVANCE PROCEDURE.................................................................................. 4
ARTICLE V HOURS ..................................................................................................................... 6
ARTICLE VI COMPENSATION .................................................................................................. 7
ARTICLE VII FRINGE BENEFITS .............................................................................................. 9
ARTICLE VIII SENIORITY........................................................................................................ 17
ARTICLE IX TRANSFERS......................................................................................................... 17
ARTICLE X PROMOTIONAL OPPORTUNITIES.................................................................... 18
ARTICLE XI SAFETY ................................................................................................................ 18
ARTICLE XII PROBATIONARY PERIOD ............................................................................... 19
ARTICLE XIII NO-STRIKE NO-LOCKOUT CLAUSE ............................................................ 19
ARTICLE XIV INDEMNIFICATION INSURANCE................................................................. 19
ARTICLE XV ASSOCIATION DUES........................................................................................ 19
ARTICLE XVI INCLEMENT WEATHER ................................................................................. 20
ARTICLE XVII PERFORMANCE APPRAISAL ....................................................................... 20
ARTICLE XVIII CLOTHING ALLOWANCE ........................................................................... 20
ARTICLE XIX CONTRACTING SERVICES ............................................................................ 20
ARTICLE XX LONGEVITY PLAN ........................................................................................... 20
ARTICLE XXI REDUCTION IN FORCE .................................................................................. 21
ARTICLE XXII EDUCATIONAL ASSISTANCE PROGRAM................................................. 22
ARTICLE XXIII DRUG/ALCOHOL FREE WORK PLACE..................................................... 23
ARTICLE XXIV ENTIRE AGREEMENT CLAUSE ................................................................. 24
ARTICLE XXV DURATION ...................................................................................................... 24
ARTICLE XXVI CIVIL SERVICE WITHDRAWAL ................................................................ 24
ARTICLE XXVII BIWEEKLY PAYROLL SCHEDULE .......................................................... 25
ARTICLE XXVIII LIGHT DUTY POLICY ............................................................................... 25
ARTICLE XXIX SEXUAL HARASSMENT POLICY .............................................................. 25
ARTICLE XXX FAMILY MEDICAL LEAVE ACT ................................................................. 25
ARTICLE XXXI RESCHEDULED WORK SHIFTS ...27
APPENDIX A-1 SALARY SCHEDULE.......28
APPENDIX A-2 PERSONAL DAY FORM.......28
This Agreement entered into by and between the School Committee of the City of
Northampton, Massachusetts, hereinafter referred to as the Committee, and the Northampton
Public Schools Custodians Association, hereinafter referred to as the Association, has as its
purpose the promotion of an equitable and peaceful procedure for the resolution of differences
arising between them concerning the terms of this agreement, and to set forth herein the basic
agreement covering rates of pay, hours of work, and other conditions of employment to be
observed by the parties.
ARTICLE I
RECOGNITION
1.1
Pursuant to Massachusetts General Laws Chapter 150E, the Committee recognizes the
Northampton Association of School Employees as the sole and exclusive bargaining
agent with respect to establishing rates of pay, wages, hours of employment, and other
working conditions for all full-time custodians, building maintenance workers, grounds
workers, painters, painter helpers, storekeepers, building maintenance craftspeople,
HVAC technicians and bus drivers, and as amended by mutual agreement March 9, 1987
to include part-time employees. Specifically excluded here from are matrons and
Director of Maintenance, confidential, managerial, casual, as defined in Chapter 150E,
and all other employees not specifically listed in this Section 1.1.
1.2
Members of the bargaining unit employed on a part-time basis of at least twenty (20)
hours per week and fifty-two (52) weeks per year, will receive pro-rated salary, service
credit and fringe benefits.
ARTICLE II
MANAGEMENT RIGHTS
2.1
to direct and conduct the educational affairs of the District and its schools,
programs and departments;
to direct and control all the operations and services of the District and its schools;
to determine the organization, location and the number of employees of the
District and its schools;
1
d.
e.
to direct, control, train and supervise and evaluate employees, including the
establishment of the evaluation instrument, the frequency of evaluations and the
conducting of the evaluation;
f.
g.
h.
i.
j.
k.
l.
m.
to create and change shifts, including establishment and change from time to time
of shift times and the determination of the number of shifts and the changing of
the number of shifts, subject to Article V;
n.
o.
p.
to assign, or reassign, duties and job tasks including the change of duties and job
tasks from time to time provided said assignments, reassignments, duties and job
tasks consistent with the job description(s);
q.
to schedule and enforce work hours, including the setting or modification of the
daily and yearly school and class schedule, subject to Article V;
r.
to assign shifts and to change shift assignments from time to time, subject to
Article V;
s.
t.
to grant and schedule of leaves, including, but not limited to, vacation and
personal leave and placing employees on sick and administrative leave;
u.
v.
w.
x.
to relieve employees due the incapacity to perform duties for any reason provided
permanent employees may use appropriate paid leave (if available) and subject to
Section 3.1;
y.
the right to require an alcohol and drug test subject to the Supreme Judicial Court
precedent regarding drug testing;
z.
aa.
bb.
cc.
dd.
to subcontract work;
ee.
ff.
to assign work sites; including the change of work sites from time to time,
subject to Article V;
gg.
hh.
2.2
During an emergency (e.g, natural disaster), the District will have the right to take any
action necessary to meet the emergency notwithstanding any contrary provisions of this
Agreement.
2.3
Nothing in this Article precludes a mutual change of policy which affects wages, hours,
3
or other working conditions. Any such agreement reached subsequent to the execution of
this contract will be reduced to writing and become an amendment to this Agreement.
2.4
Wherever the term pay status is used in this Agreement, it shall mean an employee
receiving pay whether on vacation leave or sick leave.
2.5
2.6
All other benefits which are enjoyed by the employees covered by this contract are
hereby p r o t e c t e d b y t h i s A g r e e m e n t . All b e n e f i t s a n d /or r i g h t s e n j o ye d
b y t h e employees covered by this contract which are now governed by School
Committee written policies or State law and which are not in conflict with this
Agreement shall remain in full force and effect.
ARTICLE III
NONDISCRIMINATION
3.1
In accordance with applicable Federal and State laws, the District and the Association
agree not to discriminate against any Employee covered by this Agreement on the basis
of age as defined by law, sex, race, religion, color, creed, physical handicap, national
origin, marital status, genetic information or sexual orientation.
3.2
The District further agrees it will not discriminate against any employee for Association
membership or lawful Association activity.
ARTICLE IV
GRIEVANCE PROCEDURE
4.1
Any grievance or dispute which may arise between the District and any employee of the
Association regarding the interpretation or application of any provision of the Agreement
shall be settled according to the procedures set forth in this Article. However, no
grievance shall be initiated or entertained by the parties concerning questions of general
classification and salary schedule. Inequities as a result of applying the salary and
classification schedule may be grieved.
An employee covered by this contract may present a grievance and have such grievance
heard without intervention by the Association representing said employee, provided that
the Association is afforded the opportunity to be present commencing at Step 2 and the
settlement made shall not be inconsistent with the terms of this Agreement. In such case,
the employee and the District shall divide the costs connected with this proceeding.
The Association shall be furnished a copy of the grievance filed and a copy of the
written reply hereto.
Failure to process a grievance within the time limits established in this Article presumes
that it has been satisfactorily resolved at the last step to which it has been properly
processed.
In the event that Representatives of the District do not answer within the time limits
herein provided, the grievance may be appealed directly to the next step of the grievance
procedure. Time limits specified in preceding paragraphs of this article may be extended
by agreement of both parties.
ARTICLE V
HOURS
5.1
Bargaining unit members are considered essential personnel. The regular working day
for school custodians and storekeeper shall consist of eight (8) hours and the work week
shall consist of forty (40) hours, including one half (1/2) hour for lunch. For all other
members in the bargaining unit, the normal work day shall include those hours after
7:00 a.m. and prior to 3:30 p.m. and the half-hour lunch shall be scheduled at reasonable
times normally between 11:00 a.m. and 1:00 p.m.
The normal work week is Monday through Friday, inclusive. The District reserves the
right to alter the work shift or the work week in the event of an emergency or whenever it
otherwise deems it reasonably necessary or appropriate to do so. The District also
reserves the right to change on a permanent or semi-permanent basis the work week on
the first shift provided: (1) any such change will allow the employee(s) affected thereby
two (2) consecutive days off: (2) the District does not act capriciously or arbitrarily in
effecting such change: (3) any such change is not implemented solely or principally for
the purpose of avoiding the payment of overtime to employees covered by this
Agreement.
The District further agrees that seniority will ordinarily be the controlling factor in terms
of employees covered by this Agreement who are affected by any such change in their
work week.
Should it be necessary to change the work week, or work shift, the District agrees to give
the Association and any employee affected thereby reasonable notice of any proposed
change and further agrees to provide the Association with the opportunity to discuss (not
negotiate) the proposed change before implementation.
5.2
The afternoon shift shall be from 2:30 p.m. to 10:30 p.m. including one-half (1/2) hour
for supper. The work week will be Monday through Friday inclusive. The District
reserves the right to alter these hours to provide full coverage during evening school
activities, or for other reasons as set forth in Paragraph 5.1.
5.3
During Curriculum Days and school vacation periods, employees normally assigned to
the afternoon shift may have their work hours altered whenever feasible.
5.4
During their normal eight-hour work day, employees shall be granted two (2) ten (10)
minute breaks which shall be scheduled by the Superintendent or his/her designee(s). An
employee may not defer taking his break for the purpose of extending the lunch period or
shortening the work day.
A ten (10) minute clean-up time immediately before the scheduled lunch or supper break
and immediately prior to the end of the work day shall be allowed.
ARTICLE VI
COMPENSATION
6.1
The salary schedule for the duration of the Agreement appears in Appendix A.
Base wage increases:
Effective July 1, 2013:
.5%
Effective July 1, 2014, a blended rate increase of:
1.0025%
Effective July 1, 2015, a blended rate increase of:
1.5050%
Effective June 30, 2016, a blended rate increase of:
1.5025%
6.2
Overtime
Overtime opportunities will be distributed as equally as practicable among employees in
the same compensation classification.
Any work performed after eight (8) hours in a 24-hour period or forty (40) hours in one
week shall be paid at the rate of time and one-half.
Any employee who is required to work or report for an emergency call-back on a Sunday
or Holiday, will be paid at twice his/her hourly rate.
6.3
Emergency Call-Back
A minimum of three (3) hours overtime will be paid when an employee is required to
report back to work after his/her normal work day, or to perform a weekend check of a
school building. This also includes an employee who is called in prior to this/her normal
work shift, providing he/she is sent home afterwards by his/her supervisor and still
required to return for his normal shift. Minimum call-back of three (3) hours shall be
paid only once in a three (3) hours period; except that additional call-backs within the
three (3) hours period may be paid subject to approval of the Assistant Superintendent
and/or Director of Maintenance. Compensation will be paid as in Paragraph 6.2 of this
Agreement.
The District, in its sole discretion, may assign a beeper to a bargaining unit member who
will be on-call. The District will determine what qualifications and/or skills consistent
with one or more grades, except under circumstances where a unique skill set is needed,
will be required for the on-call employee. The District will then assign the beeper on a
week-to-week basis from a rotating list of employees meeting said qualifications and/or
skills. The on-call employee will receive a $25.00 per day stipend. The District will
accept volunteers first from the list of qualified employees; absent such volunteer, the
District may designate an on-call employee.
If the recall merges with the beginning of the employees shift, the employee shall not be
entitled to the three (3) hour minimum.
6.4
Out of Grade
If an employee is designated by the Assistant Superintendent or his designee to work in a
higher classification for three (3) full consecutive workdays, he will receive the rate of
pay for that position commencing on the fourth (4th ) workday retroactive to the
beginning of the assignment to the higher graded position. The rate of pay will be fixed
in the same manner as used for normal promotion. It is understood, however, that this
will not constitute a promotion to that position.
The District agrees to clearly identify in writing those employees who have been
designated to work in a higher classification.
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6.5
Shift Differential
Members of the bargaining unit who are regularly assigned to the afternoon shift and
who were on the School District rolls prior to July 1, 1982, shall receive, in addition to
the compensation set forth in the salary schedule, the following shift differential of .30
per hour.
Members of the bargaining unit hired on or after July 1, 1982, who are regularly assigned
to the afternoon shift shall receive a shift differential of $.20 per hour (effective
September 22, 1997).
The shift differentials described above will be paid to the members of the bargaining unit
regularly assigned to the afternoon shift at all times, except when an employee is
transferred to the day shift when school is not in session (i.e., school vacations and
summer recess).
Members of the bargaining unit who are assigned to work weekend duty per
ARTICLE XXXI shall be paid a weekend shift differential of fifty cents ($0.50) per hour.
6.6
Compensatory Time
A member of the bargaining unit may request compensatory time off in lieu of overtime
compensation. Such compensatory time shall be at one and one-half (1 1/2) times the
regular hours and must be taken within the ensuing four (4) payroll periods. In the event
management does not grant compensatory time, overtime will be paid at the rate set forth
in Paragraph 6.2.
In the event an employee elects to work for compensatory time in lieu of payment, he/she
will not be denied his/her rightful turn to work overtime, emergency calls, snow removal,
building checks, or any other special duty because of preference of payment.
6.7
State of Emergency
An employee called in during a declared State of Emergency that affects the City of
Northampton shall receive two times his/her pay for all time actually worked.
ARTICLE VII
FRINGE BENEFITS
7.1
Holidays
The following will be considered paid holidays: those falling on a Sunday will be
celebrated on Monday, and those falling on Saturday will be celebrated on the previous
Friday; however, should the succeeding or preceding day be a regular school day, the
Custodian shall receive compensatory time off, for which prior approval must be
obtained.
Veterans Day
Half-day before Thanksgiving Day
Thanksgiving Day
Day after Thanksgiving
Last scheduled work day before Christmas
Christmas Day
Half-day before New Years Day as long as
it is a regular work day
On the eve of Thanksgiving Day and any other holiday preceded by a one-half (1/2) day
of school, day personnel will be dismissed after having worked four (4) hours. Night
personnel will report for a four (4) hour tour of duty, commencing at the end of the day
tour. Should it be necessary for the employee on the day shift to work beyond his/her
four (4) hours, he will be paid at straight time for whatever hours he is required to work
beyond his four (4) hour tour.
School Year Custodians and Bus Drivers shall be paid for the following holidays:
New Years Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
Bus drivers that work a full calendar year schedule will also be paid for the Fourth of
July and Labor Day holidays.
For above holidays falling on a Saturday, employees will be granted the preceding Friday
off and for those falling on a Sunday, they will be granted the following Monday off.
7.2
Vacations
The leave year covers the period January 1 through December 31. Employees will be
entitled to vacation as follows:
A.
2 weeks
3 weeks
4 weeks
For the purpose of this article, service means employment with the City;
whether or not such service has been entirely with the School District.
B.
Vacation leave will accrue by period in which the employee is in pay status.
Less than 5 years:
5 years - 9 years:
10 years and over:
10
For those employees working a forty (40) hour week, commencing with the 14th
year of creditable service, leave will be accrued on the basis of 7.68+ hours per
(two week) payroll period the employee is in pay status.
Part-time employees shall be entitled to an annual paid vacation leave credited
on a pro-rata basis.
An employee may not begin the leave year with a balance in excess of twentyfive working days.
7.3
C.
D.
E.
Prior approval for vacation leave must be obtained. Requests for a commitment
for vacation leave must be submitted to the Superintendent or his designee by
April 15th; requests for other vacation leave must be submitted in a timely
manner.
F.
Any employee who leaves the employ of the School District shall be entitled to
be paid for whatever leave balance exists as of the date of termination. However,
no employee may be paid for more than twenty-five (25) working days of
vacation leave.
Sick Leave
Employees will accumulate sick leave at the rate of 1 1/4 days per month in pay status.
Such sick leave shall be cumulative without limit. It shall be granted only with the
approval of the Superintendent or his designee(s). The Superintendent or designee(s)
may request a doctors certificate before approving payment of sick leave.
(For the purposes of clarification, being in no pay status shall here-after be defined as
less than fifty percent {50%} of an employees regularly scheduled work
week. Employees who are in an unpaid/no pay status on any type of leave exclusive of
FMLA or Workers Compensation will not accrue benefits during the unpaid portion of
leave.)
An employee may use his or her accumulated sick time for illness of a member of the
employees immediate family (as defined in Paragraph 7.7).
This shall not be construed to mean a continuing absence but rather an emergency type of
situation for a period of up to one week. A variation of the one week limit may
be granted on the recommendation of the Superintendent.
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Upon the death of an employee covered by this Agreement, 33 1/3% of all his/her unused
sick leave credits will be payable in the following order:
1. Widow
NOTE: Payment will be made in the same order as above unless the employee wishes
that the proceeds be paid in some other way; he may do so by designating one or more
beneficiaries on a form to be provided by the District.
Sick leave incentive for a person who does not use any sick leave within one (1) calendar
year will receive one hundred dollars ($100.00), effective January 1, 2001.
Upon retirement and after 15 years of service to the District, an employee shall receive
payment at his/her current salary rate for thirty-three and one third percent (33.3%) of all
unused accumulated sick leave to a maximum of $5,500; provided, a bargaining unit
employee for whom this calculation would result in a payment of more than $5,500 as of
May 15, 2006, shall receive payment not to exceed his/her calculation had s/he retired on
May 15, 2006.
7.3 (a) Sick Leave Bank
A.
There shall be a Sick Leave Bank Committee. The Committee shall consist
consisting of the Vice- Chairperson of the Northampton School Committee, the
Superintendent of Schools, and the President of the Northampton Association of
School Employees. In addition to the President, the Committee shall include a
non-voting representative from each of the bargaining units that make up the
Association The unit representative will participate only in the meetings that
review the request from his/her unit. The Sick Leave Bank Committee will
administer the provisions of the Sick Leave Bank.
B.
The Sick Leave Bank will depend upon voluntary contributions from
employees covered by this Agreement.
C.
Bargaining unit members may become a member of the Sick Leave Bank by
donating two (2) days within ninety (90) working days of the date that she/he
first reported for work, provided that she/he has accrued days available for this
purpose. If he/she has not accrued days, he/she shall be assessed the days as soon
as they are accrued. To join, the member will notify the Human Resources
Department, using the approved form.
D.
After the initial donation, each year one (1) day will be added to the Sick Leave
Bank by each member of the Sick Leave Bank. Any member of the Sick Leave
Bank may withdraw from the Bank for a school year by giving written notice,
using the approved form, to the Human Resources Department by November 1
of the school year during which she/he no longer desires membership.
E.
The number of days in the Sick Leave Bank cannot exceed four (4) times the
number of employees in the bargaining units. If the sick leave days in the Bank
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exceed three-fourths (3/4) of the maximum number of days at the end of any
school year, the members of the Bank will not be required to make the annual
one (1) day donation at the start of the school year. If the number of sick leave
days in the Bank are depleted to one-half (1/2) or less of the maximum number
of days, one (1) additional day for the Bank may be assessed each member.
F.
If an employee who has not become a member of the Sick Leave Bank
decides to join in a year subsequent to the year in which she/he could first have
become a member, the member will notify the Human Resources Department by
November 1, using the approved form. His/her initial donation to the Bank must
equal the total number of days that she/he would have donated through the
years had she/he joined when first eligible. If he/she has not accrued days, he/she
shall be assessed the days as soon as they are accrued.
G.
H.
A member of the Sick Leave Bank who has exhausted his/her individual sick
leave benefits may apply for benefits from the Sick Leave Bank. Such
benefits are intended to augment an employees sick leave benefit in cases
involving catastrophic or long-term illness or accident not covered by
Workers Compensation. In assessing any application, the Sick Leave Bank
Committee may request such medical documentation as it deems appropriate
and shall, in addition, consider the following criteria:
i.
ii.
iii.
iv.
7.4
I.
The Sick Leave Bank Committees decision on all applications and other
matters within its jurisdiction shall be final and shall not be subject to the
grievance/arbitration procedure contained in this Agreement.
Any employee
whose application is rejected or modified will, upon request, be granted a
meeting with the Sick Leave Bank Committee.
J.
7.5
Personal Days
Three (3) Personal Days are allowed each year for employees working fifty-two (52)
weeks per year and twenty (20) to thirty-nine (39) hours per week. These days are
not subtracted from the employees accumulated sick leave. These days may not be
taken on a day preceding or following a vacation. Unused Personal Days will accrue as
additional sick leave days. Any unused Personal Days in any calendar year will be added
to an employees sick leave days at the end of such year or, in the case of an
employee who dies or retires during a calendar year, upon the death or retirement of such
employee. An employee will give written notice of a Personal Day to the Superintendent
(using the form set forth in Appendix A-2) at least twenty-four (24) hours before the
Personal Day is to be taken, except in the case of an emergency, when notification may
be made by telephone to be followed by written notice. (effective January 1, 2002)
7.6
7.7
In accordance with Chapter 1078 of the Act of 1973 (G.L.C. 150E, Sec. 12) all
employees in the bargaining unit who are not members of the Association in
good standing and who have been employed for thirty (30) days or more, shall
pay to the Association, as a condition of employment, an agency service fee to
defray the costs of collective bargaining and contract administration.
B.
An employee who has been employed for thirty (30) days or more, shall be
required to pay the agency fee as a condition of employment, provided such
employees choose not to become members of the Association.
C.
The District agrees to deduct monthly from the pay of each non-association
member in the bargaining unit who properly authorizes such deduction, all
agency services fees which are owed to the Association.
D.
The amount of the agency fee shall be an amount equal to the current, regular
Association dues.
E.
The Association agrees to indemnify and defend the District for any financial
liability which the District may incur in complying with this Article.
Bereavement Leave
In the event of the death of a spouse or child as defined by the Family and Medical Leave
Act or a domestic partner, paid leave of up to one calendar week will be granted.
In the event of the death of a member of the immediate family of an employee, the
employee will be granted paid leave of up to one (1) calendar week. Immediate family is
defined as an employees parents, spouse, child, step family members, foster child, sister,
brother, grandparent, grandchild, in-laws and relative residing in the household.
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In the case of the death of the employees following relative, one day of paid leave shall
be allowed: aunt, uncle, niece, nephew, brother-in-law, sister-in-law.
With the consent of the Superintendent or his/her designee and providing it will not
impair/reduce the effective delivery of services, an employee scheduled to work may be
granted up to four hours of paid leave to attend the services of a deceased co-worker.
7.8
Indemnification
The District will indemnify any employee covered by this contract for expenses and
damages incurred by him/her in the defense or settlement of a claim against him/her
which claim arose out of acts performed by such employee provided that the defense or
settlement of such claim shall have been made by the City Solicitor or by an Attorney
legally employed for that purpose by the City to the extent permitted by law.
7.9
Workmens Compensation
Workmens Compensation benefits shall be those set forth in M.G.L. Chapter 152. In the
event an employee receives Compensation under the Workmens Compensation Act, the
District agrees to pay the employee, if he/she so elects, the difference between the
compensation he/she receives and his/her usual daily rate, such difference to be charged
against his/her sick leave account to the extent of accumulated sick leave earned.
7.10
7.11
Dental Insurance
The City agrees to implement a voluntary Dental Plan.
15
7.13
Jury Duty
An employee who serves on jury duty will continue to receive his regular pay from the
District for up to fourteen (14) days, provided the Superintendent certifies on the payroll
that the employee is absent for jury duty. When payment by the court for such jury duty
is made, such payment exclusive of travel or any other allowance, shall be refunded to
the District by the employee in the following manner:
The employee shall present to the Superintendent either the check from the court
endorsed over to the City of Northampton, or a certification from the court as to the
amount paid together with employees personal reimbursement to the City.
An employee on jury duty shall be considered as being employed Monday through
Friday.
A first shift employee who is on jury duty for less than four (4) hours in a given day shall
return to work for the remainder of his/her regular shift but, in no event, shall the time he
is on jury duty and the time he/she is on his/her regular job exceed eight (8) hours in any
given day.
A second shift employee or night man who is on jury duty and who works his/her full
tour of duty with the School District will not be required to reimburse the District for
jury duty pay received for that day.
Employees shall be entitled, during actual service as a member of the reserve component
of the Reserve Armed Forces for the United States, or as a member of the National Guard
of the Commonwealth, to receive full pay and benefits from the City while so serving for
any period during the calendar year not in excess of seventeen (17) calendar days less
any amount received as military salary from either the Federal Government or from the
Commonwealth for so serving. The reservist need only reimburse the City for military
salary for those days corresponding with the employees work schedule.
7.15
Association Business
The District agrees that any member of the Association selected as an officer or delegate
shall be allowed reasonable time off for the performance of such duties. The District
shall not withhold pay from employees representing the Association in a discussion of
grievances with representatives of the School District or in negotiations for a new
contract. In addition to the aggrieved, one employee will be allowed to represent the
Association at all steps of the grievance procedure and up to three employees will be
allowed to participate in negotiations. The Chapter Coordinator and another officer
(either local or state) or their designee(s) will be allowed to attend the State Custodians
Convention (two days) and be compensated as working days.
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7.16
Retirement Notice
An employee who provides at least one (1) year advanced notice of retirement and retires
(application with Retirement Board must be submitted), shall receive upon retirement, a
lump sum payment of $550.00. If the notice given is at least six (6) months in advance,
the employee shall receive $300.00. No payment shall be made for any notification less
than six months prior to retirement.
7.17
Travel Allowance
Custodians assigned to more than one (1) school in any one (1) day will receive either
twenty dollars ($20.00) per month reimbursement for all inter-school driving done by
them or they may elect to be reimbursed at the mileage rate authorized by the City. Such
election must be made at the start of the school year in September. For driving outside
the City, reimbursement will also be at the rate authorized by the City.
ARTICLE VIII
SENIORITY
8.1
9.1
Whenever a vacancy occurs, the District agrees to announce the position and send a copy
of the announcement to each school, in care of a member of the custodial staff and
employees interested in being considered for transfer may apply. The District reserves
the right to fill the position from within the District or from outside sources if it deems it
in the best interest of the District to do so. If selection is made from within the District,
primary consideration will be given to the employee with the most seniority.
9.2
9.3
17
ARTICLE X
PROMOTIONAL OPPORTUNITIES
10.1
Date of posting
Job title
Salary
Location
Assigned hours of work, days off
Example of duties
Qualifications
Closing date for applications
Person to whom applications should be made
This notice shall remain posted for a period of at least seven (7) calendar days.
Employees in the bargaining unit who are interested may apply in writing within the
posting period.
The following factors will be considered in the selection process:
A.
B.
C.
D.
E.
Seniority
Experience
Work history
Ability to do the job
Education and/or training directly related to the duties of the vacant position.
In the event that two or more applicants are considered approximately equal in
accordance with the foregoing factors then the senior applicant will be awarded the
position.
ARTICLE XI
SAFETY
11.1
A custodian when working alone shall not be required to use more than a six (6) foot
ladder.
11.2
As a safety precaution, during the summer vacation when only one custodian is required
in a school building, the telephone will be kept operational.
11.3
11.4
Disability and Return to Work - City agrees to develop a light duty policy in accordance
with the Americans With Disability Act.
18
11.5
12.1
During the first twelve (12) months an employee shall be classified as a probationary
employee and as such shall be entitled to benefits and privileges afforded by this
Agreement but shall not be entitled to invoke the provisions of Article IV (Grievance
Procedure) nor any other process in the event the District determines to terminate his
employment while a probationary employee.
ARTICLE XIII
NO-STRIKE NO-LOCKOUT CLAUSE
13.1
It is agreed by the parties that during the term of the Agreement or any renewal thereof,
there shall be no strikes, lockouts, stoppages of work or slow-downs concerning any
matter in dispute arising out of this contract.
ARTICLE XIV
INDEMNIFICATION INSURANCE
14.1
The Committee agrees that it will maintain in full force and effect during the life of this
Agreement existing Motor Vehicle and General Liability Insurance policies which
provide indemnification in the event of damage of injury arising out of the negligent acts
of any employee covered hereunder.
ARTICLE XV
ASSOCIATION DUES
15.1
Employees of the bargaining unit may authorize payroll deductions for the purpose of
paying Association dues. Any employee desiring to have Union dues deducted shall
execute a written assignment in the form as shown below.
15.2
The dues shall be deducted weekly in an amount certified by the Association and the
aggregate dues of all employees shall be remitted together with a list of employees who
have had said dues deducted to the Treasurer of the Association by the 10th day of the
succeeding month.
15.3
The Employer agrees to deduct Association membership dues from the pay of each
employee who executes or has executed such form.
15.4
The Association agrees to indemnify and hold the District harmless against any and all
claims, suits or other forms of liability arising out of the application of this Article XV.
The Association assumes full responsibility for the disposition of the monies so deducted
once they have been turned over to the treasurer of the Association, who shall provide
such information to the Business Manager.
19
ARTICLE XVI
INCLEMENT WEATHER
16.1
When school is cancelled for students because of inclement weather, members of the
bargaining unit shall be subject to the Committees existing policy regarding Snow
Days for custodians and maintenance workers.
ARTICLE XVII
PERFORMANCE APPRAISAL
17.1
During the term of this Agreement, the District proposes to implement a performance
appraisal system. Any form developed will be submitted to the employee, discussed and
signed by him/her.
ARTICLE XVIII
CLOTHING ALLOWANCE
18.1
The District agrees to pay each member of the bargaining unit who is in pay status the
first two full payroll periods in July an annual payment of $250.00 effective July 1, 2006,
and $300.00 effective July 1, 2008 for the purchase of work clothes.
18.2
Every effort will be made to pay the clothing allowance prior to October 1.
ARTICLE XIX
RESERVED FOR FUTURE USE
ARTICLE XX
LONGEVITY PLAN
20.1
Effective on or after July 1, 1998, each full-time member of the bargaining unit shall
receive longevity compensation as follows:
A.
Upon completion of five (5) years of continuous service a sum of one hundred
dollars ($100.00) shall be added to his/her pay once a year and once each year
thereafter through the ninth (9th) year of continuous service he/she shall receive a
longevity payment of one hundred dollars ($100.00).
B.
Upon completion of ten (10) years of continuous service a sum of five hundred
dollars ($500.00) shall be added to his/her pay once a year and once each year
thereafter through the fourteenth year of continuous service he/she shall receive a
longevity payment of five hundred dollars ($500.00).
C.
Upon completion of fifteen (15) years of continuous service a sum of six hundred
dollars ($600.00) shall be added to his/her pay once a year and once each year
thereafter through the nineteenth year of continuous service he shall receive a
longevity payment of six hundred dollars ($600.00).
20
D.
E.
20.2
Payment of longevity Compensation shall be made on an annual basis and shall be paid
on the last payday of the month in which the anniversary date occurs.
20.3
21.1
In the event it becomes necessary to reduce the number of positions in the bargaining
unit, the following procedure will be used:
21
21.2
A.
B.
C.
An employee who is being affected may bump another employee in the same
wage level or lower, provided he/she has the qualifications to do the job without
additional training or undue disruption of the work. Qualifications include
written test if one is required for the position.
D.
Facility Closing
If a situation necessitates the closing of a school by the Northampton School District and
the attendant displacement of a custodian, the affected custodian shall if he/she has
greater seniority, have the opportunity to displace the custodian with the least seniority
on his/her shift. The District shall then have the prerogative to assign such least senior
custodian to a night position.
21.3
In order to minimize the disruption caused by this agreement for both the District and its
personnel, the District, at its discretion, agrees to post vacancies and allow members to
exercise their rights under this agreement to select the vacant night position. If a day
position becomes vacant, due to this posting, the District may assign the displaced
custodian.
21.4
Any permanent employee whose position is terminated due to the closing of a facility,
staff cuts, or budgetary cutbacks, shall have his/her name placed on a recall list for a
period of two (2) years.
21.5
21.6
Any employee who is affected as in Section 21.4 and 21.5 shall have their accumulated
sick leave held for them for as long as their name in on the appropriate recall list. Any
such sick leave shall be reinstated upon the re-employment of the employee.
ARTICLE XXII
EDUCATIONAL ASSISTANCE PROGRAM
22.1
The District will pay for registration, tuition, books, materials laboratory fees required by
a school, seminar, or short course, which in the opinion of the Director of Maintenance,
22
is directly related to an employees position, provided funds are available and prior
approval is granted by the Superintendent.
22.2
Skill Incentive Pay: Bargaining unit personnel will be eligible for a skill pay incentive
for obtaining up to four (4) qualifying licenses/certifications, subject to the prior
approval of the Superintendent or his/her designee. The licenses/certifications are above
and beyond those currently required for their position. The incentive shall consist of an
additional $.25 per hour, added to the employees base hourly rate of pay, for each
approved license and/or certification up to an additional $1.00 per hour.
If the employee is to be promoted, the new rate of pay will be based on the employees
current hourly rate of pay including the incentive pay. The new pay grade/step will be a
minimum of 3-% increase over the employees previous rate of pay, which included
any incentive pay. The employee will be eligible to continue to receive skill pay
incentive, in the new pay grade applied to the new base pay grade/step, for those
licenses/certifications not specified as a basic requirement for the position and as per
approval of the Superintendent or his/her designee. Retirement pay calculation will also
be based on the employees pay including any skill pay incentive.
Annual step increases within a pay grade will only be to the next step in the grade, as has
been past practice (and if a step available); the hourly skill pay incentive the employee is
eligible for will then be reapplied to the base of the new steps hourly rate.
Employees who receive skill pay incentive for a CDL, or who are required to maintain a
CDL as part of their job, are required to be part of the Citys Alcohol & Drug Testing
Program pursuant to Federal Law.
ARTICLE XXIII
DRUG/ALCOHOL FREE WORK PLACE
23.1
B.
C.
24.1
It is acknowledged that during the negotiations which resulted in this Agreement, the
Association had the unlimited right and opportunity to make demands and proposals
with respect to all proper subjects of collective bargaining. Therefore, for the life of this
Agreement, this Agreement shall constitute the total agreement between the parties and,
further, any past practices affecting employees in this bargaining unit shall be superseded
by this Agreement.
24.2
Nothing in this Article precludes a mutual change of policy, rules, or regulations which
affects wages, hours, or working conditions. Any such agreement reached subsequent to
the execution of this contract will be reduced to writing signed by both parties, and
become an amendment to this Agreement.
ARTICLE XXV
DURATION
25.1
This agreement will be effective July 1, 2013and will continue to remain in full force
and effect to and including June 30, 2016 and shall thereafter automatically renew itself
for terms of one (1) year each unless by January 1, 2013 or by January 1 of any
subsequent year prior to the expiration of the contract either part gives written notice that
it desires to negotiate a new contract or amendment thereto. The party so desiring to
negotiate a new contract or amendment shall specifically inform, in writing, the other
party regarding any changes to be sought in such negotiations. Upon receipt of such
notice the parties agree to meet for the purpose of negotiating a new or amended
agreement. In the event either party desires to negotiate a new contract and one has not
been agreed upon by June 30, 2013, this contract may be extended by mutual agreement.
ARTICLE XXVI
CIVIL SERVICE WITHDRAWAL
The Northampton Public Schools Custodians Association agrees to endorse the City of
Northamptons efforts to withdraw from Civil Service provided that employees employed as
24
permanent Civil Service employees on an effective date of withdrawal retain all applicable rights
under Chapter 31 (Civil Service).
ARTICLE XXVII
BIWEEKLY PAYROLL SCHEDULE
The Northampton Public Schools Custodians Association agrees to be compensated on a
biweekly basis.
ARTICLE XXVIII
LIGHT DUTY POLICY
The Northampton Public Schools Custodians Association agrees, through reference, a light duty
policy. (Attached)
ARTICLE XXIX
SEXUAL HARASSMENT POLICY
The Northampton Public Schools Custodians Association agrees to accept the Northampton
Public Schools Sexual Harassment Policy. (Attached)
ARTICLE XXX
FAMILY MEDICAL LEAVE ACT
The Northampton Public Schools Custodians Association agrees to accept the Family Medical
Leave Act. (Attached)
ARTICLE XXXI
RESCHEDULED WORK SHIFTS
The Northampton School District and the Northampton Public Schools Custodians Association
agree to discuss any rescheduling of work shifts or work weeks. The Northampton School
District reserves its right pursuant to the MANAGEMENT RIGHTS CLAUSE - ARTICLE II in
the existing Collective Bargaining Agreement, subsequent to discussion of this issue, to assign
and schedule Association personnel where and when required.
25
THIS AGREEMENT has been duly executed by the authorized representatives of the
Northampton School Committee and the Northampton Association of School Employees:
NORTHAMPTON ASSOCIATION OF
SCHOOL EMPLOYEES / MTA
By_______________________________________
Sharon Carlson, President
26
APPENDIX A - 1
CUSTODIANS
SALARY SCHEDULE
Grade 2 Mail Courier
Grade 3 Building Custodians
Grade 4 Bus Drivers
Storekeeper
Grade 5 Building Maintenance Workers
Grounds Maintenance Workers
Grade 9 Building Maintenance Foreman
Grounds Maintenance Foreman
Grade 10 Shift Supervisor
Effective 6/30/2013
1% Increase
Grade
Steps
2
3
4
5
6
7
9
10
11.1152
11.8932
12.7275
13.6184
14.5718
15.6647
18.1023
19.4599
11.5041
12.3093
13.1729
14.0951
15.0817
16.3736
18.7361
20.1320
11.9068
12.7400
13.6340
14.5883
15.6096
16.7805
19.3919
20.8459
12.3235
13.1861
14.1110
15.0989
16.1560
17.3679
20.0705
21.5755
12.7548
13.6476
14.6050
14.6050
16.7215
17.9757
20.7731
22.3308
13.2013
14.1254
15.1162
15.1162
17.3066
18.6049
21.5001
23.1123
13.6633
14.6190
15.6454
15.6454
17.9125
19.2561
22.2525
23.9212
14.1415
15.1313
16.1928
16.1928
18.5394
19.9299
23.0313
26.9646
2
3
4
5
6
7
8
9
10
11.1707
11.9526
12.7911
13.6865
14.6446
15.7430
16.9237
18.1928
19.5573
11.5615
12.3708
13.2388
14.1656
15.1571
16.2941
17.5160
18.8297
20.2417
11.9663
12.8038
13.7021
14.6612
15.6876
16.8644
18.1291
19.4889
20.9501
12.3851
13.2520
14.1817
15.1744
16.2368
17.4547
18.7636
20.1709
21.6834
12.8186
13.7158
14.6780
15.7054
16.8050
18.0657
19.4202
20.8769
22.4424
13.2673
14.1959
15.1918
16.2553
17.3932
18.6978
20.1000
21.6075
23.2279
13.7317
14.6922
15.7235
16.8240
18.0020
19.3524
20.8036
22.3639
24.0408
14.2122
15.2070
16.2738
17.4129
18.6322
20.0295
21.5316
23.1466
24.8822
27
2
3
4
5
6
7
8
9
10
11.2827
12.0724
12.9193
13.8237
14.7914
15.9008
17.0934
18.3752
19.7534
11.6774
12.4948
13.3715
14.3076
15.3090
16.4574
17.6916
19.0185
20.4446
12.0863
12.9322
3
13.8395
14.8082
15.8449
17.0335
18.3108
19.6843
21.1601
12.5093
13.3849
14.3239
15.3265
16.3996
17.6297
18.9517
20.3731
21.9008
12.9471
13.8533
14.8251
15.8628
16.9735
18.2468
19.6149
21.0862
22.6674
13.4003
14.3382
15.3441
16.4183
17.5676
18.8852
20.3015
21.8241
23.4608
13.8694
14.8395
15.8811
16.9927
18.1825
19.5464
21.0122
22.5881
24.2818
14.3547
15.3595
16.4369
17.5875
18.8190
20.2303
21.7475
23.3786
25.1316
2
3
4
5
6
7
8
9
10
11.4525
12.2541
13.1137
14.0317
15.0140
16.1401
17.3507
18.6517
20.0507
11.8531
12.6828
13.5727
14.5229
15.5394
16.7051
17.9579
19.3047
20.7523
12.2682
13.1268
14.0478
15.0311
16.0834
17.2899
18.5864
19.9805
21.4786
12.6976
13.5863
14.5395
15.5572
16.6464
17.8950
19.2369
20.6797
22.2304
13.1420
14.0618
15.0482
16.1015
17.2290
18.5214
19.9101
21.4035
23.0085
13.6020
14.5540
15.5750
16.6654
17.8320
19.1694
20.6070
22.1526
23.8139
14.0781
15.0628
16.1201
17.2484
18.4561
19.8406
21.3284
22.9281
24.6472
14.5707
15.5907
16.6843
17.8522
19.1022
20.5348
22.0748
23.7304
25.5098
2
3
4
5
6
7
8
9
10
11.6246
12.4382
13.3107
14.2425
15.2396
16.3826
17.6114
18.9319
20.3520
12.0312
12.8734
13.7766
14.7411
15.7729
16.9561
18.2277
19.5948
21.0641
12.4525
13.3240
14.2589
15.2569
16.3251
17.5497
18.8657
20.2807
21.8013
12.8884
13.7904
14.7580
15.7909
16.8965
18.1639
19.5259
20.9904
22.5644
13.3395
14.2731
15.2743
16.3434
17.4879
18.7997
20.2092
21.7251
23.3542
13.8064
14.7727
15.8090
16.9158
18.0999
19.4574
20.9166
22.4854
24.1717
14.2896
15.2891
16.3623
17.5076
18.7334
20.1387
21.6489
23.2726
25.0175
14.7896
15.8250
16.9350
18.1204
19.3892
20.8433
22.4065
24.0869
25.8931
28
APPENDIX A - 1
NORTHAMPTON SCHOOL DEPARTMENT
Request for Leave
Except in an emergency, requests should be filed in advance with
the supervisor, or immediately upon return from the absence.
Name ____________________________
Employee # _______________________
Position __________________________
School ___________________________
_________________________________
Illness
Personal
Bereavement
Vacation
Jury Duty
Unpaid Leave
Approvals
Principal or Supervisor: ________________________________
Superintendent: _______________________________________
Date: _____________
Date: _____________
Notation: ______________________________________________________________________________
______________________________________________________________________________________