Collective Bargaining Agreements

ADMINISTRATIVE SUPPORT PERSONNEL and EDUCATIONAL TECHNICIANS I Bargaining Unit Agreement (July 1, 2021 to June 30, 2022)

This Agreement made and entered into pursuant to Maine Public Employees Labor Relations Law Chapter 9A, Title 26 M.R.S.A., as amended by and between the Cape Elizabeth School Board, hereinafter referred to as the Board, and the Cape Elizabeth Education Association, hereinafter referred to as the Association.

ARTICLE I - 
RECOGNITION

  1. The Board hereby recognizes the Cape Elizabeth Education Association as the sole and exclusive bargaining agent for a bargaining unit composed of Administrative Support Personnel and Educational Technicians I, excluding central office employees.
  2. Definitions
    1. The term "Educational Technician I" shall mean Educational Technicians I at Pond Cove, Middle School, High School, and all district-wide Educational Technicians I.
    2. The term "Association" shall mean the Cape Elizabeth Education Association, unless otherwise required by contract.
    3. The term "Board" shall mean the School Board of the Cape Elizabeth School Department, Cape Elizabeth, Maine.
    4. The term "employee" shall mean all personnel in the bargaining unit as defined by 26 M.R.S.A. subsection 962(6).
    5. The term "grievant" shall mean the employee, employees, or the Association making the complaint(s).
    6. The term "Principal" shall mean school building principal.
    7. The term "school year" shall mean the teacher employment year established by the School Board pursuant to statute.
    8. The term "Administrative Support Personnel" shall mean the administrative support personnel, guidance administrative support personnel, the System-Wide Health administrative support personnel, and the System-wide Athletic Director administrative support personnel.
    9. The term "Superintendent" shall mean the Superintendent of Schools of the Cape Elizabeth School Department, Cape Elizabeth, Maine.
  3. The Board hereby reaffirms recognition of the Association and agrees that where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. All rights and privileges granted to the Association under the terms and provisions of this Agreement are for the exclusive use of the Association.

ARTICLE II 
- GRIEVANCE PROCEDURE

  1. Purpose
    1. The purpose of this procedure is to secure at the lowest possible level equitable solutions to the problems, which may arise affecting the welfare of employees or terms and conditions of their employment.
    2. All adjustments to grievances shall be consistent with the terms of this Agreement. The Association shall be given reasonable opportunity to be present and to state its view at any level of the grievance procedure.
  2. Definitions
    1. A grievance shall mean a dispute as to the specific meaning or inequitable application of any of the provisions of this Agreement.
    2. Days shall mean working days, excluding Saturday, Sunday, and legal holidays.
    3. "Employees", when used in this Article, shall mean all personnel in the bargaining unit.
  3. Procedure
    1. Level One

In the event that an employee believes there is a basis for a grievance, s/he may first discuss the situation with his/her immediate supervisor in an effort to resolve the issue. The employee may be accompanied by a representative of the Association.

2. Level Two

      1. If a resolution is not achieved at Level One, a formal written grievance that specifically lists the problem and identifies the employee(s) involved can be presented by the employee(s) and/or the Association to the Principal. Such formal written grievances shall be presented within twenty (20) days after the event giving rise to the grievance becomes known to the grieving employee or the Association.
      2. Within five (5) days after receipt of the written grievance, the grieving party and the Principal shall meet in an effort to resolve the grievance. Following this meeting, if a resolution is not achieved, the Principal shall submit a written answer to the grieving party within seven (7) days after the meeting

3. Level Three

If the grievance is not resolved at Level Two, the grievant and/or the Association may submit the grievance in writing to the Superintendent within five (5) days of receipt of the Principal's written answer. The Superintendent shall within five (5) days of receipt of said grievance schedule a meeting with the grievant and the Association in an effort to resolve or adjust the grievance. The Superintendent shall, within seven (7) days of receipt of the grievance, render a decision in writing to the grievant and the Association.

 4. Level Four

      1. If the grievance is not resolved at Level Three, the grievant and/or the Association may present the grievance in writing to the School Board within ten (10) days of receipt of the decision. Within 15 days the School Board shall meet with the grievant in an effort to resolve the grievance.
      2. Within 10 days after the meeting, a written decision shall be presented to the grievant with a copy to the Association.

5. Level Five

      1. If the grievance is not resolved at Level Four then the Association may, within ten (10) days of receipt of the decision, submit the grievance to arbitration by requesting the American Arbitration Association to utilize its procedures for the selection of an arbitrator pursuant to its rules and procedures. Nothing in the foregoing is meant to prevent the Board and the Association from agreeing on some other competent agency or individual to conduct the arbitration.
      2. The arbitrator shall be without power or authority to make any decision that is in violation of the terms of this Agreement. The decision of the arbitrator shall be final and binding and may be appealed pursuant to law.
      3. The costs for the services of the arbitrator shall be borne equally by the Board and the Association.


ARTICLE III 
- RIGHTS OF EMPLOYEES

  1. For information only: Nothing contained herein shall be construed to deny or restrict any employee such rights as he may have under the State of Maine or United States of America Constitutions.
  2. No employee shall be disciplined or demoted without just cause. No employee, after serving a probationary period of twelve (12) months shall be dismissed (which term shall include discharges occurring during the school year and refusal to re-hire an employee for the forthcoming year) without just cause.
  3. Seniority, Termination and Recall
    1. Seniority
      1. By September 15 of each year, the Board shall establish and post seniority lists in all schools for all employees, within the bargaining unit, according to the number of years of continuous employment within the bargaining unit. The employee with the longest continuous employment within the unit, shall be first on the list. In the event that two (2) or more employees commence continuous employment on the same date, the employee with the greatest number of years of employment by the Board shall be listed first.
      2. Separate lists shall be maintained for employees according to the following job classifications:

(1) Administrative Support Personnel
(2) Educational Technicians I

2. Reduction in Force (RIF)

      1. "Reduction in Force" (RIF) shall mean the termination of employment of an employee when changes in local conditions warrant the elimination of the position.
      2. In the event of reduction in the workforce within a job classification, the lowest employee on the seniority list for the job classification being reduced shall be terminated if the other employees are determined by the Superintendent to possess the necessary skills, abilities, acceptable performance based on evaluations and other qualifications to perform the requirements of the position. An arbitrator shall have the authority to revoke or modify the determination of the Superintendent only if such determination is found to be arbitrary and capricious.
      3. An employee who is RIF'd shall receive at least 30 calendar days written notice.
      4. The Board agrees to consult with the Association to the extent possible prior to a RIF upon a written request from the Association and shall make available to the Association information required by law.
      5. An employee who has been terminated shall be eligible to continue in any of the group insurance plans pursuant to COBRA regulations.

3. Recall

      1. Any non-probationary employee terminated due to a reduction in the workforce within the bargaining unit shall retain the right of recall for fifteen (15) calendar months from the effective date of termination of employment to the first available position for which s/he is qualified as determined by the Superintendent.
      2. In the event of a recall, the Superintendent shall notify the bargaining unit representative and the employees on the recall status list who are qualified to fill the vacancy in writing, by registered mail, of the vacancy. To be recalled for the vacancy, employees on lay-off status must notify the Board of availability for recall within fifteen (15) calendar days of receipt of the Board's notification of the vacancy. If any employee on lay-off status so notifies the Board of their availability, the employee with the most seniority and who is the most qualified to meet the requirement of the vacant position will be the first recalled. It shall be the responsibility of the employee to keep the Superintendent notified of the employee's current mailing address.
      3. Employees recalled within fifteen (15) calendar months from the effective date of termination shall retain their seniority and all benefits accumulated prior to the termination and shall be placed on the same wage step obtained prior to the termination.

D. Bargaining unit work shall not be subcontracted out of the bargaining unit except in an emergency or unusual situation, and after notification to the bargaining unit representative.

E. Any derogatory material which is critical to employee's performance shall not be placed in any personnel file unless the employee has had the opportunity to review it and to rebut it if s/he so chooses within forty-five (45) days of employee receipt of the material.


ARTICLE IV 
- EARNED PAID LEAVE

Employees may use the first forty (40) hours of their contractual paid leave (sick, family, vacation, personal business leave) for absences for any purpose and the employee may choose which available leave to use. When the leave is used for non-emergency purposes, such as for recreation or vacation like activities, the Superintendent/designee can deny the leave when the Superintendent/designee reasonably determines it will cause undue hardship to the operations of the school. Provided that the employee has not used forty (40) hours or more of contractual paid leave (sick, family, vacation, and/or personal business days) in the contract year, restrictions on the use of contractual paid leave shall be waived and employees may use contractual paid leave in one (1) hour increments or more.


ARTICLE V 
- SICK LEAVE

  1. Each employee shall be entitled to sick leave with full pay for personal illness, disability or accident at the rate of one (1) day per month for each month of employment or any portion thereof during the first year of employment and at the rate of fifteen (15) days per school year during all subsequent years of employment, accumulative to a maximum of one hundred thirty-five (135) days.
  2. Sick Leave Bank
    1. The purpose of the sick leave bank is to provide income protection for members who, because of prolonged illness, have exhausted their accumulated sick leave benefits and are unable to return to work.
    2. The bank will be administered by a continuing committee composed of the Superintendent, the Business Manager, President of Association, and two (2) members designated by the Association. A majority vote of the committee shall be required for any days to be granted. The committee shall report to the Board, the Association and the employees annually, indicating the use of the sick leave bank. A decision to deny a request for sick leave bank days is not arbitral.
    3. Each bargaining unit member who wishes to become a member of the sick leave bank shall contribute two (2) days of his/her accumulated sick leave to the bank each year until the bank is built up to a maximum of 150 days. When the bank drops below 100 days, it shall be replenished to 150 days according to the above procedure.
    4. Any eligible part-time employee may make a pro rata deposit of sick leave days to the bank and, if a request is granted, shall receive pro rata benefits.
    5. To qualify for sick leave from the sick leave bank, an employee must have:
      1. Used all of his/her personal sick leave.
      2. Waited a period of five (5) days.
      3. Provided a doctor's certification when requested regarding his/her illness as a prerequisite to withdraw from the bank.
    6. Members withdrawing sick leave days from the bank will not have to replace these days, except as a regular contributing member of the bank.
    7. Sick leave days contributed to the bank may not be withdrawn if the member, at a later date, leaves the employ of the Board.
    8. Upon application and approval, a member may draw a maximum of thirty (30) days from the sick leave bank in any one school year.
  3. In the event of absence of an employee for illness, disability, or accident in excess of five (5) consecutive workdays, the Superintendent may require the employee to submit to a medical examination by the school physician attesting to the employee's ability to return to work. Examination by the school physician or by any physician to which the employee is referred by the school physician shall be at the Board's expense. The employee shall provide or cause to be provided a report of any examination to the Superintendent.
  4. Workers Compensation
    1. In case of injury covered under the Maine Workers' Compensation Act, an employee will receive from the employee's accumulated sick leave the difference between the amount of the employee's regular net pay and the amount received as workers' compensation. The difference shall be charged on a pro rata basis to the employee's accumulated sick leave and shall cease when the employee's sick leave is exhausted. An employee shall refund to the Board any payments received in excess of those permitted herein.
    2. An employee on workers' compensation leave shall not accrue vacation, personal days or sick leave and shall not be eligible for any vacation or holiday pay while on a workers' compensation leave. The employee, if a participant in the Board's health insurance program, may continue his/her participation, at the employee's expense.
    3. During any workers' compensation leave and while the employee retains a qualified right of reinstatement under this Agreement, the Board may periodically require the employee to submit a medical statement satisfactory to the Board from the employee's attending physician and/or to submit to a medical examination by a physician selected by the Board as a condition of continued leave and/or reinstatement, whichever is applicable.
  5. Each employee shall be entitled to a yearly maximum of forty (40) hours of paid leave of absence for the purpose of caring for ill members of the employee's family - spouse, father, mother, son, daughter, sixteen (16) of those hours to be deducted from employee's sick leave.
  6. Upon retirement after no less than fifteen (15) consecutive years of employment in the Cape Elizabeth Schools, an employee shall receive a single, one-time payment equal to the employee's average rate of pay during the last year of service multiplied by the number of days sick leave the employee has accrued, up to a maximum of twenty (20) days. Upon retirement after no less than twenty (20) consecutive years of employment in the Cape Elizabeth schools, an employee shall receive a single, one-time payment equal to the employee's average rate of pay during the last year of service multiplied by the number of days sick leave the employee has accrued, up to a maximum of thirty (30) days. Notification of retirement plans must be given to the Superintendent prior to February 15 of the year in which the employee intends to retire. Failure to give timely notice of retirement plans may result in lack of funds for retirement benefit and payment may be delayed.
  7. The term "retirement" in this Article shall mean termination of employment concurrent with payment of a retirement allowance granted under the Maine State Retirement System and/or the Social Security system.


ARTICLE VI 
- BEREAVEMENT LEAVE AND TEMPORARY LEAVES OF ABSENCE

  1. Death in the Family
    1. In case of death of a member of the employee's family-i.e. spouse, father, mother, son, daughter, brother, sister, mother-in-law, or father-in-law or domestic partner the employee shall have up to five (5) working days paid leave of absence for each occurrence. Additional days may be granted by the Superintendent, which the employee may elect to deduct a maximum of two (2) days from the employee's accumulated sick leave, vacation, or personal days.
    2. The employee shall be granted three (3) days, cumulative, for death(s) of other family relations. Notice of death to be provided to the Superintendent if requested. Additional days for death of other family relations may be granted by the Superintendent which the employee may elect to deduct a maximum of two (2) days from the employee's accumulated sick leave, vacation or personal days.
  2. Personal Business days
    1. Each employee shall be entitled to two (2) personal business days. This leave shall be used only for matters of urgent personal business which cannot be conducted outside of the employee's normal work hours. Except in an emergency there shall be forty­ eight (48) hours' prior notification to the Principal. Up to two (2) days of unused personal business leave may be carried over to the next year but may not result in any more than four (4) days in the aggregate.
  3. Holidays and Vacations: Administrative Support Personnel:
    1. The following are paid holidays:

If the holiday falls on a vacation, the vacation shall be extended by the total number of holidays occurring during the vacation period.

2. Vacations

      1. Employees with six (6) months through the completion of ten (10) years of service in the Cape Elizabeth School Department shall receive ten (10) days of paid vacation; employees with ten (10) through the completion of nineteen (19) years of service shall receive fifteen (15) days; and employees who have completed twenty (20) or more years of service shall receive twenty (20) days.
      2. Vacations shall be scheduled during school vacations and upon approval of the Principal.

D. Leave of Absence:

    1. A leave of absence of up to one year, without pay or increment, may be granted to an employee following the birth or adoption of the employee's child, provided that such leave shall terminate no later than one year following the birth or adoption of the child.
    2. Time spent on such leave shall not be counted in accruing seniority as provided in Article III or in advancement under Article XV SALARIES.
    3. A leave of absence of up to twelve (12) months without pay or increment may be granted for the purpose of caring for a sick member of the employee's family. Upon return, the employee will be guaranteed the same or an equivalent position. In the event that the position is eliminated, Article III, Section C. pertaining to seniority will be followed. For the purpose of this section family member classification is the same as under the Family and Medical Leave Act of 1993 (spouse, son or daughter, or parent.

E. School Closings:

All employees shall be paid the regular daily rate when school is closed by the board or administrative agents, except when school closes early in June due to unused storm days, or except as provided in Section (F) of this Article.

F. Snow Days:

    1. No employee will be required to work, nor be paid, on those days that school is closed due to weather conditions. On days when school is closed early due to weather conditions, employees will be paid only for actual hours worked.
    2. An employee may request permission from the building administrator to work on a snow day in order to complete a project. When permission is granted, payment will be for actual hours worked.

G. Jury Duty:

All employees shall be granted the time with pay necessary for appearances in any legal proceeding connected with the employee's employment or with the school system or in any other legal proceedings if the employee is required by law to attend. Any payments received by an employee for attendance at any such proceeding shall be transmitted to the Board, except that an employee shall not be required to transmit to the board any payments received for travel.

ARTICLE VII - 
INSURANCE BENEFITS

  1. Medical Insurance:
    1. The Board shall make available a comprehensive group health insurance program for eligible employees. Entitlement applies to those belonging to the Cape Elizabeth group.

MEA Choice Plus
MEA Standard Plan
MEA Standard Plan $500 Deductible
MEA Standard Plan $1000 Deductible


2. The Board will contribute according to the following schedule towards the cost of a health insurance plan based upon an employee's eligibility:

86% of the current year's rates of the MEA Choice Plus Plan

3. Employees who work 17.5 hours per week or more, but less than full time (35 hours) shall receive a pro-rated benefit based upon hours worked compared to full time.

4. Employees who work fewer than 17.5 hours per week shall not be eligible for Board contribution to health insurance benefits. If the Board's provider allows, such employees may purchase health insurance by payroll deduction as part of the Board's group by paying 100% of the premium cost.

5. Spouses of employees eligible for health insurance benefits through their employer will not be eligible for coverage.

6. Cash-in-Lieu of Health Insurance:

An employee may voluntarily elect to withdraw from their existing health insurance coverage offered by the School Board. For such employees the board, as an alternative, will contribute $3,000.00 to be disbursed through the payroll process. To receive this benefit the employee must elect this option during the annual benefit open enrollment period for the subsequent contract year. This benefit will be administered in accordance with all applicable provisions of the IRS Code and the Board's Section 125 plans and is a taxable benefit that does not qualify for MainePERS. This benefit will be prorated over the course of the year according to the employee's contract period in the regular paycheck and not as a one-time distribution. Employees who currently have district health coverage and are employed less than full-time shall have their benefit prorated to their proportion of full-time employment. New hires that elect to not be covered by the district health insurance plan will also be eligible for the benefit. If an employee desires to reinstate coverage during the contract year due to a qualifying life event as determined by the Internal Revenue Code, Section 125, the benefit will be terminated as of the first month of health coverage. In order to be eligible for this cash-in-lieu of health insurance benefit, the employee must provide written documentation to the Superintendent that the employee is covered under another health insurance program other than the Board's or the Town of Cape Elizabeth. Eligibility requirements for health benefits are subject to the insurance carrier's policy.

B. Group Life Insurance:

The Board shall pay the premium towards $10,000.00 or the first $10,000.00 of any amount of Maine State Group Life and Accidental Death and Dismemberment insurance to which the employee is entitled.

C. Dental Insurance:

The Board agrees to pay up to but not more than $250 per year for each year of this contract towards the cost of a group dental plan consisting of the Northeast Delta Dental Plan, provided that the Board reserves the right to institute a new program of insurance providing benefits are substantially equal to or superior to these referred to herein. Entitlement applies to those belonging to the Cape Elizabeth group who work over twenty (20) hours per week. Employees who work 20 hours per week or more, but less than full time (35 hours) shall receive a prorated benefit based upon hours worked compared to full time.

D. Section 125:

    1. The School Board will offer a Section 125 premium-offset plan which would provide a tax sheltered opportunity for employees to pay for health and dental insurance premiums.
    2. The School Board will offer benefits under the Section 125 Plan through a party chosen by the Board a Medical Care Reimbursement Plan and a Dependent Care Reimbursement Plan. The per account/per month administrative fee(s) shall be paid by the individual participant utilizing one or both of the separate benefit plans under the Cafeteria Plan.


ARTICLE VIII 
- ASSOCIATION RIGHTS

 

  1. Association Business
    1. Representatives of the Association shall be allowed time off, with pay, for mutually scheduled meetings with Board officials concerning Association business.
    2. The Association shall have the right to use faculty lounge bulletin boards for the posting of notices relating to Association business.
    3. Representatives of the Association may transact official Association business on school property provided that prior approval has been received from the Principal and/or Superintendent, and that such use does not interfere with normal operation as perceived by the Principal and/or Superintendent. All requests to use school buildings and facilities shall be made at least 48 hours in advance, and the Association shall reimburse the board for any extra labor costs required by such use.


B. Dues Deduction

    1. The Board agrees to deduct from the employee's salary money for local, state and national Association membership dues upon written authorization of the employees in not less than 20 equal installments. The deductions shall continue from year to year unless the employee gives written notice to the Superintendent and the Association during the first two weeks of September of the given year of membership termination. The effective date for termination of the deduction shall be the first payday after September 15.
    2. The Association agrees to indemnify and hold harmless the Board against all claims including any penalties or legal costs by reason of any action taken in making deductions of such dues and remitting the same to the Association.


ARTICLE IX 
- EDUCATIONAL IMPROVEMENT

  1. The Board will pay expenses incurred by employees who attend workshops approved in writing by the Superintendent in advance.
  2. The Board agrees to reimburse the cost of course work earned in a planned degree or other program approved in writing by the Superintendent. Reimbursement will be based on the cost per credit hour at the University of Maine at Orono. Other reimbursable costs include text, lab fees and activity fees. These costs will be determined at the time of participation and approved by the Superintendent. Anticipated use of this benefit shall be communicated in writing to the Superintendent prior to February 1 preceding the use of this benefit.
  3. Educational technicians shall receive recertification credits for all professional development activities and new learning related to their work in accordance with the Cape Elizabeth Educational Technician Authorization Renewal Plan. Employees are encouraged to discuss their professional training needs with their appropriate administrator and shall be given the opportunity to receive professional development on workshop days when feasible.


ARTICLE X 
- WORKING HOURS

  1. The normal workweek shall be Monday through Friday. The normal payroll week shall be Sunday through Saturday.
  2. Time and one-half the straight time rate shall be paid for authorized work performed in excess of 40 hours per week.


ARTICLE XI 
- WORKING CONDITIONS

No employee shall be required to work under unsafe or hazardous conditions as defined in OSHA regulations pertinent to public school operations. However, neither the Association nor an employee may bring an action to enforce this section which would require the Board to defend the action in more than one legal forum at a time.


ARTICLE XII - 
MISCELLANEOUS PROVISIONS

  1. No employee shall be favored or discriminated against by either the Board or the Association because of his/her membership or non-membership in the Association. The parties to this Agreement agree that they shall not discriminate against any employee because of race, color, religion, national origin, marital status, gender, sexual orientation, genetic information, physical or mental disability, or age.
  2. Each employee shall be provided with a current written job description which describes his/her responsibilities. The Association shall be provided with a copy of all current job descriptions of employees in the bargaining unit, including whenever jobs are created or modified. No change in job description or qualifications for employees shall be made by the Board without prior notice to the Association and its member representative.
  3. Employees shall be evaluated by their designated supervisor and in accordance with Cape Elizabeth School District policy.


ARTICLE XIII 
- RETIREMENT BENEFIT

  1. Retirement Plan
    1. Employees of this bargaining unit who do not contribute to the Maine State Retirement System may participate in a retirement plan set up with a company mutually agreed to by the bargaining unit and the Board. The Board will match regular employees' contributions up to 6% of gross wages. Employee's contributions are to be paid through payroll deductions. The Board and the employee's contribution to go directly into the employee's account. Employees are fully responsible for any fees assessed to participants by the Plan and are responsible for choosing from among a number of investment options for the balances in their accounts. The withdrawal of funds is in accordance with federal regulations.
    2. Employees may make changes, that affect the employer match, to this retirement plan only once per year with notification of this change to the payroll office by February 1st of each year preceding the effective date of change of July 1.


ARTICLE XIV 
- VACANCIES/ASSIGNMENTS

  1. Whenever a vacancy occurs in the bargaining unit, the provisions of Article III C-3 (the recall provision) shall be followed if applicable. Each opening will be posted on the district's employment web page and e-mailed to all employees 7 days prior to any public advertisement for the position. If the opening occurs or is to be filled during non-school weeks, written notice of the opening will be posted on the District's web site. In the filling of such vacancies, current members of this bargaining unit shall be granted interviews upon written request.
  2. Employees shall annually be provided the opportunity to express their preferences for building-level assignments.
  3. In the event of a reassignment, the employee's supervisor shall inform the employee of the change at least thirty (30) days prior to the effective date except in the case of an emergency and provide the employee with the opportunity to discuss the reassignment.

ARTICLE XV 
- SALARIES

A. All Administrative Support Personnel employees shall be paid at the following rates, based on their continuous years of employment in the unit:
  2021-2022
(2.25%)
0 $20.69
1

$20.92

2 $21.16
3 $21.39
4 $21.63
5 $21.86
6 $21.10
7 $22.33
8 $22.57
9 $22.80
10 $23.04
11 $23.27
12 $23.51
13 $23.74
14 $23.98
15 $24.15
16 $24.15
17 $24.15
18 $24.15
19 $24.15
20 $24.15
21 $24.15
22 $24.15
23 $24.15
24 $24.15
25+ $24.15
Longevity 1% $24.36

 

B. Educational Technician I employees shall be paid at the following rates, based on their continuous years of employment in the unit:
  2021-2022
(2.25%)
0 $16.84
1

$17.02

2 $17.19
3 $17.34
4 $17.54
5 $17.70
6 $17.89
7 $18.07
8 $18.24
9 $18.43
10 $18.60
11 $18.80
12 $18.98
13 $19.18
14 $19.37
15 $19.57
16 $19.76
17 $19.95
18 $20.15
19 $20.36
20 $20.56
21 $20.76
22 $20.98
23 $21.19
24 $21.40
25+ $21.61
Longevity 1% $21.77

 

C. New employees who possess the necessary skills and who have relevant work experience in another educational environment shall be credited for their years of experience.

D. New employees who possess the necessary skills and who have experience in a non-educational environment may be credited or adjusted at the discretion of the Association and School Board designee one (1) year of experience for every two (2) years worked.

E. When an employee works as a substitute teacher rather than his/her current classification or beyond the school day on a temporary or part-time basis, he/she shall be paid at his/her regular rate of pay for that work.

F. When an employee provides coverage for an absent teacher as well as her/his own duties, the employee shall receive their regular pay plus a $35 stipend for each full day.

G. Longevity Pay:

Employees at the top of the wage scale with 10 or more years experience working in the Cape Elizabeth School District will be paid 1% of the base wage for the employee's classification multiplied by the employee's annual work hours.

 

ARTICLE XVI 
- WORK WEEK/WORK YEAR

A. Administrative Support Personnel:

The normal work year for the Administrative Support Personnel shall be not less than 200 days beginning two weeks before the first student day and two weeks after the last student day in addition to paid vacation unless mutually agreed upon between the employee and her/his supervisor. The work year may be adjusted upwardly mutual agreement to meet the needs of the System.

B. Educational Technicians I:

The normal work year for Educational Technicians I shall be not less than 180 days. This shall include all teacher workshop days before the start of school and all student days. The balance of days will be determined by the Educational Technicians' immediate supervisor by September 1 of each year. The work year may be adjusted upwardly by mutual agreement to meet the needs of the System.


ARTICLE XVII - MANAGEMENT RIGHTS

Except as otherwise provided in this Agreement, the operation and management of the schools and the controlled supervision and direction of the employees are vested in the Board. Further, the Association acknowledges the right of the Board to establish work rules with which each employee shall be familiar and responsible for compliance provided such work rules are not inconsistent with the provisions of this Agreement. These work rules shall be published and made available to all employees.


ARTICLE XVIII - STRIKES AND SLOWDOWNS

The Association agrees that during the term of this Agreement neither it nor its officers or members will engage in, encourage, sanction, support, or suggest any (1) strikes, (2)slow-downs, (3) mass absenteeism, (4) mass resignations, or (5) any other similar actions which would involve suspension of or interference with the normal work of the School System.


ARTICLE XIX 
- DURATION OF THE CONTRACT

  1. This Agreement constitutes the entire agreement between the parties for the term as to all matters subject to collective bargaining. No change, rescission, alteration or modification of this Agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association and endorsed in writing hereon.
  2. This Agreement shall remain in full force and effect from July 1, 2021 to June 30, 2022.


ARTICLE XX 
- SAVINGS CLAUSE

If any provision of this Agreement is contrary to law, then such provision shall be valid only to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect.

 

Cape Elizabeth Education Association [signature on file]   Cape Elizabeth School Board
[signature on file]
6/30/2021   6/30/2021

 

 

CAPE ELIZABETH EDUCATION ASSOCIATION/MEA/NEA Bargaining Unit Agreement (September 1, 2020 to August 31, 2023)


PREAMBLE

The Board and the Association recognize the importance of collaborative relationships in a vibrant, dynamic, and preeminent school system. In pursuit of this goal, team leaders, department chairs and teachers will be afforded the opportunity to provide input into professional development planning and curriculum development, provided that final authority over such matters is reserved to the school board and its agents.

ARTICLE I DEFINITIONS

As used in this Agreement, the following terms shall have the meanings set forth below unless specifically otherwise provided.

1-1 "Administrator" - Superintendent, Principal, Assistant Principal, or Special Education Director.

1-2  "Agreement" - The collective bargaining agreement between the Cape Elizabeth School Board and the Cape Elizabeth Education Association/MEA/NEA for the period September 1st through August 31st , for the years 2017-2020, which shall include all appendices, side letters, and all other documents attached thereto which shall be incorporated therein.

1-3 "Assistant Principal" - Assistant Principal of the Pond Cove School, Middle School, or the High School.

1-4 "Association" - The Cape Elizabeth Education Association/MEA/NEA.

1-5 "Board" - The School Board of the Town of Cape Elizabeth, Maine.

1-6 "Day" - Calendar day unless otherwise specifically defined.

1-7 "Immediate Family" - Father, mother, brother, sister, husband, wife, son or daughter.

1-8 "Per Diem" - The rate of pay equivalent to 1/n of the annual teaching salary, where "n" equals the total number of school days in the School Calendar.

1-9 "Principal" - Principal of the Pond Cove School, Middle School or the High School.

1-10 "School" - Any school administered by the Board.

1-11 "School Calendar" - The calendar adopted by the Board for the school year.

1-12 "School Department" - The School Department of the Town of Cape Elizabeth.

1-13 "School Year" - The period of time established by the Board pursuant to statute.

1-14 "Superintendent" - The Superintendent of Schools for the Town of Cape Elizabeth, Maine.

1-15 "Teacher" - Any member of the bargaining unit as defined in Article II, Recognition.

1-16 “Days Worked” for each of the years of the contract will be 183 days.

ARTICLE II RECOGNITION

2-1 Pursuant to Maine Revised Statutes, Title 26, Chapter 9-A, the Board recognizes the Association as the exclusive collective bargaining agent for the bargain¬ing unit composed of all certified and licensed professional employees in the Cape Elizabeth schools who have been employed for six months or more, provided that the term "employees" as used herein shall not include Superintendent, Principals, Assistant Principals, Director of Instructional Support, Educational Technicians, and Athletic Administrator. However, during the initial six months of the employment of any certified and licensed professional employee as defined in this paragraph, they shall not be paid a salary higher than such employee would be paid if that employee were employed under the provisions of Article VI of this Agreement.

2-2 The Board hereby reaffirms recognition of the Association and agrees that where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. All rights and privileges granted to the Association under the terms and provisions of this Agreement are for the exclusive use of the Association.

2-3 Non-Discrimination The Board and the Association agree not to discriminate on the basis of race, color, religion, physical or mental disability, gender, marital status, sexual orientation, national origin or age.

ARTICLE III PROCEDURE FOR NEGOTIATION OF SUCCESSOR AGREEMENT

3-1 Initiating Negotiations

3-1-1 Any tentative agreement reached by the negotiators named by the parties shall be reduced to writing, initialed by the negotiators, and submitted to the Board and the Association for final ratification. Any agreement so negotiated and ratified shall be signed by the Board and the Association, whereupon it shall be binding upon all parties.

3-2 Conducting Negotiations

3-2-1 As of the time they are made available to the Board, the Board will provide the Association with a Superintendent's proposed budget for the next fiscal year, as well as available preliminary budgetary information and proposals affecting teachers' salaries, wages, hours, and conditions of employment.

3-2-2 Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.

3-2-3 If negotiations are scheduled during the school day, the negotiators shall be released from their regular duties without loss of pay or leave.

3-2-4 Negotiations shall be conducted in executive sessions unless both parties agree to conduct negotiations in open sessions.

3-3 Impasse Procedures

3-3-1 In case of impasse the procedures specified in the Maine Public Employees Labor Relations Law will be followed: Section 965; paragraph 2, Mediation; paragraph 3, Fact-finding; paragraph 4, Arbitration; paragraph 5, Costs.

3-4 The Superintendent and the Association President (or designee) shall schedule and hold monthly labor/management meetings to discuss issues of mutual concern.

ARTICLE IV PROFESSIONAL GRIEVANCE PROCEDURE

4-1 Definition

4-1-1 A grievance shall mean a dispute as to the meaning or application of any of the provisions of this Agreement.

4-2 Procedure

4-2-1 Level One

In the event that a teacher and/or the Association believe there is a basis for a grievance, they, or either of them, shall first discuss the situation with the department head, principal or other appropriate administrator, in an effort to resolve the issue. The teacher may be accompanied by a representative of the Association, and the principal may be accompanied by a representative of the Superintendent.

4-2-2 Level Two

If a resolution is not achieved at Level One, a formal written grievance may be presented, signed by the grievant and the organization representative; provided that such formal written grievance shall be presented within twenty (20) days after the event giving rise to the grievance becomes known to the Association or the grieving teacher. The grievance shall be presented to the principal, or, if the grievance involves more than one school building, to the Superintendent.

4-2-2-1 Within five (5) days after receipt of the written grievance, the Principal or other appropriate administrator shall meet with the grievant in an effort to resolve the grievance. Within seven (7) days after this meeting, a written decision shall be presented to the grievant with a copy to the Association.

4-2-3 Level Three

If the grievance is not resolved at Level Two, the grievant may present the grievance in writing to the Superintendent within five (5) days after receipt of the decision. Within five (5) days after receipt of the grievance, the Superintendent shall meet with the grievant in an effort to resolve the grievance.

Within seven (7) days after the meeting, a written decision shall be presented to the grievant with a copy to the Association.

4-2-4 Level Four

If the grievance is not resolved at Level Three, the grievant may present the grievance in writing to the school board within ten (10) days after receipt of the decision. Within 15 days the school board shall meet with the grievant in an effort to resolve the grievance.

Within 10 days after the meeting, a written decision shall be presented to the grievant with a copy to the Association.

4-2-5 Level Five

If the grievance is not resolved at Level Three, the grievant may request the Association to submit the matter to arbitration. If the Association determines the grievance to be meritorious and so recommends to its membership, the Association may within ten (10) days after receipt of the decision at Level Three, submit the grievance to arbitration by requesting the American Arbitration Association to utilize its procedures for the selection of an impartial arbitrator. Nothing in the foregoing is meant to prevent the Board and the Association from agreeing on some other competent agency or individual to conduct the arbitration. The award of the arbitrator shall be final and binding on both parties, in matters related to the meaning or application of this Agreement.

4-2-5-1 The cost for the services of the arbitrator shall be shared equally by the parties involved.

4-2-5-2 The Superintendent shall be notified three (3) days in advance of names of teachers who shall be in attendance at any arbitration hearing.

4-3 Miscellaneous

The grievant may be accompanied by the Association at any meeting under this Article. No adjustment shall take place contrary to this Agreement without the mutual consent of the Board and the Association.

4-3-1 The time limits provided in this procedure shall be strictly observed but may be extended by a written mutual agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limit might result in hardship on any party, both parties shall use their best efforts to process the grievance prior to the end of the school term or as soon as possible thereafter.

4-3-2 "Days" as used in this Article shall mean pupil attendance days and teacher days as adopted by the Board, except that for grievances presented but not resolved prior to the end of the school year, days shall mean regular week days, Monday through Friday (excluding legal holidays) when the School Department is open for business.

4-3-3 Meetings on grievances shall not be open to the public.

ARTICLE V SPECIAL DISCIPLINARY PROCEDURE

5-1 No teacher on continuing contract shall be non-renewed without just cause.

5-2 No teacher shall be disciplined, reprimanded, or reduced in rank or compensation without just cause.

5-3 Any action under this Article shall be subject to the Professional Grievance Procedure set forth in Article IV of this Agreement to the extent that such procedure is applicable and not modified herein. By filing a grievance, the teacher and the Association waive any other judicial or administrative remedy which may be available for violation of this agreement, except for claims based on state or federal statutes. If the decision of the Board is supported by substantial evidence, then the decision of the Board shall be sustained. If the decision of the Board is not supported by substantial evidence, then the decision of the Board may be overruled. Any judicial review of the arbitrator's decision shall be in accordance with the provisions of the Uniform Arbitration Act, 14 M.R.S.A. §§ 5927, et seq.

5-4 The provisions of this Article do not apply to dismissal of teachers or to the termination of a teacher's contract when changes in local conditions warrant the elimination of a teaching position, the parties' rights and responsibilities in such matters being governed by statute.

5-5 The provisions of this Article do not apply to the non-renewal of Athletic, Co-Curricular Activity or Co-Curricular Administrative Fee positions, all of which are annual appointments.

ARTICLE VI SALARIES

6-1 The salaries for all teachers employed as of the execution date of this Agreement are set forth in Appendix A attached hereto and incorporated herein by reference.

6-1-1 The Board shall have the option to “buy back” up to two building professional growth days per Article 11-6 during the term of the agreement in whole day increments and for a full school year. If the Board should choose to “buy back” a building professional growth day or days, the base Salary shall be increased by one-half of one percent (0.5%) for each such day in the year in which the option is exercised.

6-1-2 In order to be placed on the BA+30 level a teacher must have completed 30 credits in addition to a bachelor’s degree, or shall have the option to be placed on the BA+30 level by completing a 30-credit, planned program of coursework/learning institutes (of which no more than 15 credits shall be required to be earned through graduate level coursework) that was pre-approved by the Superintendent and reviewed by the President of the CEEA by January 1, 2023.

6-1-3 Teachers at the top of the salary scale with 10 or more years’ experience teaching in the Cape Elizabeth School District will be paid 1% of the base salary in addition to their annual wage.

6-2 Salaries shall be paid in 26 equal installments.

6-3 Per Diem Pay

6-3-1 In addition to the salary provided in this Article, a teacher assigned as a Guidance Teacher or a Librarian shall receive the per diem rate of pay for those days worked prior to and following the expiration of the school year, as required and authorized by the Superintendent.

6-3-2 In addition to the salary provided in this Article, a teacher shall receive the per diem rate of pay for those days worked prior to the commencement of and following the expiration of the school year to the extent such work is required and authorized by the Superintendent. Any time worked under this provision that is less than a normal work day shall be paid on a prorated basis.

6-4 School Improvement Honorarium

6-4-1 An educator shall be paid for voluntary work associated with school improvement and any other work authorized by the Superintendent. It is understood that this is for work accomplished following the expiration of the school year and prior to the commencement of the following year or during school vacation periods, e.g. December, February, April, and any other time approved by the Superintendent. The compensation for this work shall be at the following hourly rates (based on the BA base rate):

2020-2021
2021-2022 2022-2023
$36.48 $37.30 $38.14

6-5 Teachers who anticipate a change in status for the coming school year shall complete the “Change of Status Form” referenced in Appendix C. This form must be submitted no later than February 1st and the change in status will be effective the following school year.

ARTICLE VII ATHLETIC STIPEND SCHEDULE

7-1 Stipends shall be paid for those coaching positions approved and filled by the Board as athletic stipend positions in accordance with the schedule in Appendix B1. The Board reserves the right to fill or not to fill any stipend position(s). Coaches with 10 or more years of experience in the school district shall be paid at 1.1 times the salary listed in Appendix B1.

7-2 In the event that a season is extended due to playoffs, coaches will be compensated at the following hourly rates for the additional required hours as determined by the Athletic Director:

2020-2021 2021-2022 2022-2023
$18.50 $19.00 $19.50


ARTICLE VIII CO-CURRICULAR ACTIVITY STIPEND SCHEDULE

8-1 Stipends shall be paid for those positions approved and filled by the Board as non-athletic stipend positions in accordance with the schedule in Appendix B2. The Board reserves the right to fill or not to fill any fee position(s).


ARTICLE IX CO-CURRICULAR ADMINISTRATIVE STIPEND SCHEDULE

9-1 Stipends shall be paid for those positions approved and filled by the Board as non-athletic stipend positions in accordance with the schedule in Appendix B3.

9-2 The Board retains the right to fill or not fill any stipend position(s).

9-3 The extracurricular compensation schedules for Athletics, Co-Curricular, and Administrative stipended positions listed in Appendix B can be changed at any time during the term of this Agreement upon the mutual consent of the Board’s and the Association’s designees.

9-4 A Stipend Review Committee, comprised of an equal number of Board and Association appointed representatives, will meet annually to review new proposals for stipended positions and to review changes in existing positions. The committee will make recommendations to the Board’s and the Association’s designees for final approval. The Committee shall be comprised of the District Superintendent of Schools and/or designee, representatives of the Association, the Athletic Director (for Appendices B-1 and B-2), and the school Principals/designees.

ARTICLE X SICK LEAVE

10-1 Each teacher shall be entitled to sick leave with full pay for personal illness, disability or accident up to fifteen (15) school days in each year. When the effective date of appointment of a teacher is before the beginning of the second semester of any year, they will be given credit for the full annual sick leave allowance. When the effective date of appointment of a teacher is on or after the beginning of the second semester, the teacher will be given credit for 7 ½ days sick leave allowance. Unused sick leave shall be accumulated from year to year up to 135 days.

10-2 Sick Leave Bank

10-2-1 The purpose of the sick leave bank is to provide income protection for members who, because of prolonged illness, have exhausted their accumulated sick leave benefits and are unable to return to work.

10-2-2 The bank will be administrated by a continuing committee composed of the Superintendent, the Business Manager, President of Association, and two (2) members designated by the Association. A majority vote of the committee shall be required for any days to be granted. The committee shall report to the Board, the Association and the employees annually, indicating the use of the sick leave bank. A decision to deny a request for sick leave bank days is not arbitrable.

10-2-3 Any teacher who has not elected to join the sick leave bank will be able to join the bank during the open enrollment period in May for the following school year and must contribute one (1) sick leave day. Any newly hired teacher shall be provided the opportunity to become a member of the sick leave bank and must contribute one (1) sick leave day. The maximum amount of sick leave bank days shall accumulate to a maximum of 650 days. Any unused days shall be carried forward to the next year. When the bank drops below sixty (60) days, all members of the sick leave bank shall be assessed one (1) day from their sick leave balance

10-2-4 Any eligible part-time employee may make a pro rata deposit of sick leave days to the bank and, if a request is granted, shall receive pro rata benefits

10-2-5 To qualify for sick leave from the sick leave bank, an employee must have:

10-2-5-1 Used all of their personal sick leave.

10-2-5-2 Waited a period of five (5) days. If granted, the approval shall be retroactive to the first day requested.

10-2-5-3 Provided a doctor’s certification when requested regarding their illness as a prerequisite to withdraw from the bank.

10-2-6 Members withdrawing sick leave days from the bank will not have to replace these days, except as a regular contributing member of the bank.

10-2-7 Sick leave days contributed to the bank may not be withdrawn if the member, at a later date, leaves the employ of the Board.

10-2-8 Upon application and approval, a member may draw a maximum of thirty (30) days from the sick leave bank per request. A member may apply for additional days from the sick leave bank up to a maximum of thirty (30) additional days per request.

10-3 In the event of absence of a teacher for illness, disability or accident in excess of five consecutive school days, the Superintendent may require the teacher to submit to a medical examination by the school physician attesting to the teacher’s ability to return to work. Examination by the school physician or by any physician to which the teacher is referred by the school physician shall be at the Board’s expense. The teacher shall provide a report of any examination to the Superintendent.

10-4 In case of injury covered under the Maine Workers’ Compensation Act, a teacher will receive from the teacher’s accumulated sick leave the difference between the amount of the teacher’s regular net pay and the amount received as workers’ compensation. The difference shall be charged on a pro rata basis to the teacher’s accumulated sick leave and shall cease when the teacher’s sick leave is exhausted. A teacher shall refund to the Board any payments received in excess of those permitted herein.

10-5 Parental Leave: Leave for Care of a newborn, Adopted Child, or Foster Child

A teacher may use accumulated sick leave as outlined in paragraph 10-1 of Article X) or available Special Leave (as outlined in paragraph 11-1-3 of Article XI) to care for a newborn child’s birth, adoption, or fostering, provided the child is less than five years old. This would be in addition to sick leave that a parent who gives birth may require for their recovery period. If applicable, this benefit shall run concurrent with available state and/or federal family and medical leave (FMLA).

10-6 Parental Leave Bank

10-6-1 In the event that a teacher has exhausted either their accumulated personal sick days (as outlined in paragraph 10-1) or their family illness days (as outlined in paragraph 11-1-3) they may draw additional days from the parental leave bank for their own personal illness or for caring for a sick child.

10-6-2 To qualify for use of the parental leave bank an employee must:

10-6-3 Members of the bank will be able to draw up to a total of five (5) days from the bank in a school year as long as they meet the condition specified above in 10-6-2. Advanced approval will not be required.

10-6-4 The bank will be administered by a continuing committee composed of the Superintendent, the Business Manager, President of the Association, and two (2) members designated by the Association. Decisions made by the committee regarding the use of or administration of the bank will be made by a majority vote of the committee. The committee shall report to the Board, the Association, and the employees annually, indicating the use of the parental leave bank. A decision to deny a request for leave from the bank is not arbitrable.

10-6-5 Any teacher who has not elected to join the Parental Leave bank will be able to join the bank during the open enrollment period in May for the following school year and must contribute one (1) sick leave day. Any newly hired teacher shall be provided the opportunity to become a member of the Parental Leave bank and must contribute one (1) sick leave day. The maximum accumulation of days in the bank will be 240 days. Any unused days shall be carried forward to the next year. When the number of days in the bank drops below thirty (30) days all members of the bank shall be assessed one day from their sick leave balance.


ARTICLE XI SPECIAL LEAVE

11-1 Teachers shall be granted the following special leaves with pay during each school year upon written application to the principal:

11-1-1 Five (5) days in each event of death in the teacher’s immediate family.

11-1-2 Three (3) days, cumulative, for death(s) of other family relations.

11-1-3 Six (6) days for the purpose of caring for ill member(s) of the teacher’s immediate family, provided that if a teacher uses more than four (4) days of leave under this subsection, 11-1-3, such additional days shall be deducted from sick leave. Note: Under this provision, leave may be granted to a teacher for the purposes of caring for a spouse or domestic partner who has given birth to a newborn.

11-1-4 Leave provision (as described in 11-1-3) may be granted to a teacher for the purpose of caring for a new adoptive child.

11-1-5 Two days for personal business requiring absence from school. Leaves requested under this section during the opening three (3) days (Orientation Day included) or closing three (3) days of the school year, or the days immediately preceding or following a holiday, will be granted only in unusual circumstances. One of these days may be used for travel before and after a vacation with limitations. The limitations shall be determined by the Superintendent, whose decision is final. Any request to use a personal business day to extend a vacation must be made in writing to the Superintendent, who may grant a very limited number per year. Up to two (2) days of unused personal leave may be carried over to the next year but may not result in any more than four (4) days in the aggregate.

11-1-6 The time necessary for appearances in any legal proceeding connected with the teacher’s employment or with the school system or in any other legal proceedings if the teacher is required by law to attend. Any payments received by a teacher for attendance at any such proceed¬ing shall be transmitted to the Board, except that a teacher shall not be required to transmit to the Board any payments received for travel.

11-2 No leaves with pay except those specified elsewhere in Article XI shall be granted except on written application 15 days prior to the leave and written approval from the Superintendent.

11-3 No leaves without pay shall be granted except on written application 15 days prior to the leave and written approval from the Superintendent.

11-4 All leaves granted under the provisions of this Article will be in units of full days or half days.

11-5 Written application for leave under Sections 11-2 and 11-3 shall state the dates, reasons, and educational benefit, if applicable, for leave.

11-6 Building Professional Growth Days

Three professional development days, not indicated on the school calendar are designated for flexible scheduling. The 6.5 (six and one-half) hour days include 3 days for building level work as agreed upon by a majority of the teachers and administrators.


ARTICLE XII EXTENDED LEAVES OF ABSENCE

12-1 The Board agrees that up to two (2) teachers designated by the Association will, upon request, be granted a leave of absence for up to two (2) years, without pay, for the purpose of engaging in Association (local, state, national) activities. Upon return from such leave, a teacher will be considered as if they were actively employed by the School Board during the leave and will be placed on the salary schedule at the level they would have achieved if they had not been absent.

12-2 Peace Corps leave will be granted, without pay, to any teacher who enlists for a period not to exceed two (2) years. Peace Corps leave is for one (1) year at a time and the teacher must renew their leave for an additional year.

12-3 Military Leave

12-3-1 Emergency military leave as provided by Maine statutes will be granted, without pay, to any teacher who is inducted or enlists in active military services in time of war or other emergency declared by the proper authority of the State or of the United States. Upon return from such leave, a teacher will be placed on the salary schedule at the level which they would have achieved if they had not taken such leave. Military leave is for one year at a time and the teacher must renew their leave each year thereafter for the duration of the period of such war or other emergency.

12-3-2 Teachers who are members of the National Guard or other authorized state military or naval forces, and those teachers who are members of the Army, Air Force, Marine, Coast Guard or Naval Reserve shall be entitled to a leave of absence from their respective duties, without net loss of income during periods of annual training not to exceed seventeen (17) calendar days in any calendar year specified under the National Defense Act or Armed Forces Reserve Act of 1952, provided that such teachers shall have made every reasonable effort to perform such annual training during the period when school is not in session.

12-4 A leave of absence of up to one (1) year, without pay or increment, will be granted for the purpose of caring for a sick member of the teacher’s immediate family and such leave may be extended for one (1) year.

12-5 Any teacher whose personal illness extends beyond accumulated sick leave will be granted a leave of absence of up to one (1) year without pay or increment, and such leave may be extended for one (1) year. Request for such leave must be accompanied by a statement from a regularly licensed physician that such leave is necessary. Upon return from such leave, a teacher will be assigned to the same position, if available, or, if not, to a substantially equivalent position.

12-6 A teacher has the right to become a candidate for public office and to serve in such elective office unless there is a specific legal prohibition. Regularly appointed teachers who have completed at least three continuous years of service will be granted a leave of absence without pay in order to run for, or serve in, public office.

12-7 Any teacher on a continuing contract may be granted, at the sole discretion of the Board, leave for any reason for a period up to one year without pay or increment. Such leave may be extended for a period up to one year without pay or increment.

12-8 A leave of absence of up to one (1) year, without pay or increment, will be granted to a teacher following birth of the teacher’s child or following adoption by the teacher of a child less than six (6) years of age, provided that such leave shall terminate not later than one year following the birth or adoption of the child.

12-9 Unless otherwise indicated in this Article, all extended leaves of absence shall be subject to the following conditions:

12-9-1 Such leaves shall be applied for and granted or denied in writing.

12-9-2 In the case of a teacher who commences such leave while on a probationary contract, the period of leave shall not be considered in computing the teacher’s probationary period, and, upon the return of the teacher from such leave, the probationary contract of the teacher shall be extended for a period of time equal to the period of time remaining on the teacher’s contract at the commencement of such leave.

12-9-3 Teachers shall notify the Board within a reasonable length of time before the end of such leave whether or not they will return on schedule to active employment, provided that teachers whose leave is for a period in excess of seven (7) months and is scheduled to terminate on August 31st shall notify the School Board no later than the preceding February 1st whether or not they wish to return to active employment. The contract of a teacher who fails to notify the Board as provided above, may be terminated or not be renewed, it being agreed by the parties to this Agreement that such failure alone shall constitute sufficient, valid and just reason and cause for termination or non-renewal.

12-9-4 Such leaves shall terminate on the last day of the Second Term or on the last day of the Fourth Term as set forth in the School Calendar.


ARTICLE XIII SABBATICAL LEAVE

13-1 When a fully certified teacher shall have completed not less than seven (7) years of full-time service in Cape Elizabeth schools, and meets the following requirements, they shall be eligible for sabbatical leave for one academic year or two (2) consecutive school terms at one-half of their last scheduled salary paid in biweekly equal installments. This leave must be spent in further study, travel, research or other approvable activity which will be judged beneficial to the teacher and to the school system.

13-2 No more than four (4) teachers and no more than a total of eight (8) terms may be approved for this leave in any one academic year. Notice of intent must be filed with the Superintendent of Schools on or before October 1st in the academic year prior to the year for which leave is requested. Prior to final approval, the teacher must accept an obligation to return to their position, or an alternative position, in the Cape Elizabeth Schools for at least two (2) years. Final approval of application must be made by a screening committee composed of the teacher's principal, their elementary supervisor or department head, the Superintendent of Schools and a member of the School Board to be appointed by the Board. The selected teacher and the Superintendent shall meet to agree upon the specific terms governing the sabbatical leave and said agreement is subject to Board approval. The specific terms as approved by the Board shall be reduced to writing and signed by the Board Chair and the teacher. The Sabbatical Application Form and Guidelines, listed in Appendix C, shall be used to fulfill the requirements of Article XIII and can be found on the District website or requested from the School Department Central Office.

13-3 To facilitate timely recruitment of a suitable replacement teacher, candidates must notify the Superintendent of Schools in writing of their acceptance of the terms of the Sabbatical Leave no later than March 15th of the academic year prior to the year for which leave is requested.

13-4 Candidates shall be entitled to payments for medical insurance, dental insurance and group life insurance pursuant to Sections 15-1, 15-2, and 15-3 of this Agreement but the accumulation of sick leave is not earnable during the Sabbatical Leave. Experience equivalent to the length of the leave will be credited upon completion of the program.

13-5 The payment for each nine (9) credits earned pursuant to Section 15-4 of this Agreement is not applicable to Sabbatical Leave study.

13-6 Failure to complete the planned program for any reason may invalidate the agreement subject to review of the School Board.


ARTICLE XIV RETIREMENT PAY

14-1.1.1 Upon retirement after no less than ten consecutive years of teaching in the Cape Elizabeth Schools, a full-time teacher shall receive a single, one-time payment equal to (a). The teacher may elect to have part of this payment calculated as in (b) for the purpose of Retirement calculations, but the total payment will not exceed the amount in (a).

(a) An amount equal to the number of years' service as a teacher in Cape Elizabeth multiplied by two (2) percent of the salary rate for a starting teacher with a B.A. degree effective during the last year of service.

(b) An amount equal to the teacher's daily rate of pay during the last year of service multiplied by the number of days of sick leave the teacher has accrued, up to a maximum of 30 days.

(c) For any teacher who works at least fifty percent (50%) of a regular teacher’s work year but less than full time and who meets the time in service requirements set forth in section 14-1 above shall receive this retirement stipend on a prorated basis. The proration shall be determined by averaging the part time teacher’s work years during the required ten (10) year period. For example, if the average for the 10-year period is 65%, the part-time teacher will receive the above benefit at the 65% level.

14-2 Notification of retirement plans must be given to the Superintendent not later than February 15th in the year in which the teacher retires. The Board may grant a waiver to this deadline upon receipt of a written request. This retirement payment will be made to the teacher not later than the first paycheck after July 1st.

14-3 Failure to give timely notice of retirement plans may result in lack of funds for retirement benefit and payment may be delayed.

14-4 The term "retirement" in this Article shall mean termination of employment for employees who meet the Maine Public Employees Retirement System (MainePERS) requirements for retirement.


ARTICLE XV OTHER BENEFITS

15-1 Health Insurance and Cash-in-lieu

15-1-1 Health Insurance:

The Board agrees to pay up to the following amounts each school year towards the cost of a health insurance plan or plans, based upon an employee's eligibility:

2020-2021 2021-2022 2022-2023
86% 86% 86%

of the current year’s rates of the MEABT Choice Plus plan or plan with substantially equal coverage to the MEABT Choice Plus plan.

It is understood by both parties that the Board reserves the right to select the insurer as long as substantially equal coverage to the MEABT plans is provided.

If the Board contemplates a change in the health insurance carrier, the Association will be notified and provided with any available information related to the change in possession of the Board. Mature consideration will be given to the Association’s input before a decision to change the carrier is made.

15-1-2 Cash in lieu of health insurance: A teacher may voluntarily elect no coverage or to withdraw from their existing Cape Elizabeth School Department health insurance coverage at any time and receive an annual payment equal to 85% of the current Maine Education Association Benefits Trust Choice + Plan for single employee contract year remaining, provided the teacher supplies proof of health insurance coverage elsewhere.

The payment in lieu of health insurance will be distributed over the teacher’s contract period in regular paychecks and not as a one-time distribution. The payment is subject to employment and income tax withholdings but does not qualify for MainePERS. The teacher must notify the district in writing of their intent to decline the district health coverage each year.

If the teacher desires to reinstate the coverage during the contract year due to a qualifying life event, the payment will be terminated as of the first month of health coverage. Qualifying life events are determined by the health insurance provider and the Internal Revenue Code. Eligibility requirements for health insurance are subject to the applicable health insurance policy.

15-2 The Board agrees to pay up to but not more than $250 per school year toward the cost of a group dental plan consisting of the MSMA Dental Plans, provided that the Board reserves the right to institute a new program of insurance providing benefits substantially equal to or superior to those referred to herein. Entitlement applies to those belonging to the Cape Elizabeth group.

15-3 The Board shall pay the premium towards one times the basic earnings of the employee up to $10,000 of the Maine Public Employees Retirement Group Life and Accidental Death and Dismemberment Insurance to which the employee is entitled.

15-4 Course Reimbursement

A. The Board agrees to reimburse any teacher for the cost of course work that is associated with teacher professional growth and approved in advance by the Superintendent. Reimbursement will be provided for tuition, texts and all fees up to the total cost per credit hour for tuition and generally applicable fees at the University of Maine at Orono rate plus 20%. These costs will be determined at the time of participation and shall be approved by the Superintendent.

B. Anticipated use of this benefit shall be communicated in writing by the teacher to the Superintendent prior to February 1st preceding the use of this benefit. Requests submitted after the February 1st deadline will be considered for reimbursement in the year the course is taken, but reimbursement may be deferred to the fiscal year after the year in which the course is taken.

C. Reimbursement shall not be made for any courses taken during the summer recess if the teacher resigns from employment prior to or within ninety (90) work days of the immediate school year.

D. The maximum number of credit hours to be reimbursed in any year shall not exceed nine (9) credit hours. The Superintendent is authorized to review course reimbursement requests that are above the 9-credit limit on a case by case basis. In all situations, the decision of the Superintendent is final and is not subject to the grievance procedure. Additional reimbursement in a given year is intended for, but is not limited to the following reasons: (1) financial need; (2) planned program requirements.

15-4-1 Third Party Billing

A. As an alternative to the above reimbursement procedure, the Board shall provide any teacher who complies with the above approval procedures for course reimbursement the option of receiving an educational loan or advancement to any accredited college or university for a direct advance payment ("third party billing"). The Superintendent shall make arrangements at the employee's request with any accredited college or university for a procedure for third-party billing for the educational loan or advancement, provided a third-party billing option is available. Third party billing is not allowable for the payment of any courses exceeding nine (9) credit hours per school year.

B. In the event that any employee who has used this advance payment procedure fails to successfully complete the course(s) or to provide written verification of successful completion within sixty (60) days from the ending date of the course, the employee shall reimburse the Board the amount of payment made on behalf of the employee. Unless other written repayment arrangements are made with the Superintendent, any reimbursement owed to the Board by the employee shall be made by payroll deductions in six (6) consecutive payments. Full payment may be made to the business office at any time.

C. Should the employee cease employment with the Board, the amount remaining due shall be paid in full from the employee's final pay.

D. The employee must sign the educational loan/advancement (payroll deduction) form referenced in Appendix C prior to the implementation of direct third-party billing by the School Department Central Office.

15-5 Dues Deduction - The Board agrees to deduct from the teachers' salaries money for local, state and national education Association membership dues upon written authorization of the teacher, in twenty-six equal installments. The deductions shall continue from year to year unless the teacher gives written notice to the Superintendent and the Association during the first two weeks of September of the given year of membership termination. The effective date for termination of the deduction shall be the first payday after September 1st. The Association shall indemnify and save the Board harmless against all claims and deductions of said dues and remitting the same pursuant to this Article.

15-5-1 Faculty Association:

(a) To be responsible for all phases of enrollment that includes receipt, distribution, processing and return of MEA applications to Augusta.

(b) To establish a biweekly deduction amount that prevails at the same rate for all members for 26 paydays. The biweekly deduction shall always be divisible by 10 to avoid fractional cent problems in accounting.

(c) To notify the Superintendent annually, prior to August 1st, of the biweekly deduction amount for the next school year.

(d) To provide the Superintendent with either a completed copy of the enrollment blank or an alphabetical listing for all members requiring payroll deductions, prior to the last Friday in September. This cut-off date will allow for enrollment of new teachers as well as re-enrollment of present staff. It should be noted that the second paycheck of the year will have a double deduction for dues to make up for the missed deduction on the first September paycheck. The remaining 24 paychecks will reflect a constant dues deduction.

(e) To be responsible for refunding over collection or collection of under deductions for dues to and/or from members of the Association.

15-5-2 Superintendent's Office:

(a) To establish a deduction account for dues in the amount prescribed by the Association for each participating member of the Association.

(b) To remit to the Treasurer of the Association a check for the total of monthly deductions. This check will be issued the first week following the month of deductions. Accompanying the check will be a copy of the biweekly computer payroll deduction register showing the name of each member and the amount deducted from his/her check.

(c) To accelerate deductions for dues in the case of teachers receiving a terminal check when separated prior to the end of the school year in order to ensure deduction of the balance of dues owed.

(d) To include in the standard payroll deduction authorization form, issued to each teacher, a check-off space authorizing the Superintendent to deduct biweekly dues.

15-6 National Board Certification

15-6-1 Candidates for National Board Certification will apply for outside funding if available. The District will reimburse all other approved out-of-pocket expenses associated with the application. The District will only fund three (3) applications per year. Additional applications will be considered by the Superintendent provided the Superintendent determines that additional funds are available. The maximum total reimbursement amount will not exceed $2800 (including grant money). The District will recognize a National Board Certified teacher with an annual stipend (to be paid at the end of the school year) in the amount of: $1000.00.

15-7-1 Effective September 1, 2008, all teachers shall have their payroll compensation directly deposited to the bank or financial institution of their choice, unless they have requested and received an exception in writing from the Business Manager.

15-7-2 At such time that electronic direct deposit records become available, those records shall be provided to employees via their district-provided e-mail account.

15-8 Section 125 Plan

15-8-1 The School Board will offer a Section 125 premium-offset plan which would provide a tax-sheltered opportunity for employees to pay for health and dental insurance premiums.

15-8-2 The School Board will offer as benefits under the Section 125 Plan through a party chosen by the Board, a Medical Care Reimbursement Plan and a Dependent Care Reimbursement Plan. The per account/per month administrative fee(s) shall be paid by the individual participant utilizing one or both of the separate benefit plans under the Cafeteria Plan.

15-9-2 Building administrators will ensure that all teachers shall have a minimum of twenty-five (25) minutes free from duty for lunch unless under extraordinary circumstances.

ARTICLE XVI CONTRACT NOTIFICATION

16-1 All continuing contract teachers shall be notified of their teaching contract status for the next school year no later than March 1st. All probationary teachers shall be notified of their teaching contract status for the next school year not later than May 14th.

16-2 All teachers shall be notified of their contract status as follows:

Co-Curricular Activities - All: June 30th
Athletic Activities - Fall: June 30th
Athletic Activities - Winter/Spring: October 15th

(Notification with respect to the Athletic Fee Schedule in Article VII constitutes an intention or an indication that in the event these positions are to be filled, the particular teacher so notified will be assigned to the position, if the particular teacher desires it.)

16-3 The Board and the Association agree that the Board at its sole discretion may lengthen the school day or the school year. However, the Board shall provide written notice to the Association prior to lengthening of the school day or school year and shall consider any information provided to the Board on a timely basis by the Association.

ARTICLE XVII VACANCIES AND TRANSFERS

17-1 Position vacancy announcements will be posted on the school website and distributed via email to all staff. Position announcements will include the due date for application submittals, which will allow a minimum of five (5) days for internal postings and ten (10) days for external postings.

17-2 Teachers who desire a change in grade and/or subject assignment or building assignment shall file a written statement of request for the transfer and the reasons therefore with the Superintendent by February 1st. The failure to provide such a request by February 1 shall not exclude a teacher from consideration for any posted vacancy. Teachers who have submitted a request for transfer must still apply to be considered for an available vacancy.

17-3 In the determination of requests for voluntary reassignments and/or transfer, the application of the individual teacher will be considered, but the final decision shall remain with the Board and its agents.

17-4 The teacher whose request has been denied shall upon request be entitled to an informal conference with the Superintendent to discuss the reasons for the denial.

17-5 Prior to making any involuntary transfer the Superintendent or designee may consider whether there is an equally or more qualified volunteer available to fill said position.

17-6 The affected teacher will be provided the opportunity to meet with the principal and the appropriate team leader or department chair to be given an explanation and an opportunity to be heard. The affected teacher may also request a meeting with the Superintendent to discuss the proposed transfer.

17-7 In determining qualifications the Superintendent shall consider the needs of the system, but the final decision with respect to transfers shall remain with the Board and its agents.

17-8 Notice of an involuntary transfer shall be given to teachers as soon as practicable, and in all cases not less than two (2) weeks prior to the transfer.

17-9 Teachers with new assignments will be given preference for professional development and training to prepare for student needs.

ARTICLE XVIII ELIMINATION OF TEACHING POSITIONS

18-1 If the Board is contemplating the elimination of any bargaining unit positions, it (or its designee) will meet and consult with the Association upon request prior to a decision to eliminate any bargaining unit positions.

18-2 A decision by the Board to eliminate any bargaining unit position shall not be subject to the grievance procedure or arbitration unless arbitration is invoked to determine whether or not the Board has abided by the provisions of this Article.

18-3 In the event that the Board decides to eliminate any bargaining unit position, it shall give the Association prompt written notice of the positions to be eliminated.

18-4 In the event it becomes necessary for the Board to eliminate a teaching position at any time for any reason, the following procedure shall be utilized.

18-4-1 The teachers shall be divided into the following grade groupings and specialties (each hereinafter called a "cluster"):

1) K - 4

2) 5-8

3) 9-12 (science, mathematics, world language, English and social studies)

4) Special Education K-12

5) Physical Education/Health K-12

6) Art K-12

7) Music K-12

8) Speech K-12

9) Technology K-12

10) Nurse Educators K-12

11) Librarians K-12

12) Guidance K-12

13) Social Workers K-12

14) World Language K-8

15) Occupational Therapists K-12

16) Physical Therapists K-12

18) Psychologists K-12

18-4-2 If the teaching position to be eliminated is in the 9-12 cluster, then all the positions within the department (i.e., science, mathematics, world language, English and social studies) wherein the particular position is to be eliminated are to be regarded as the impacted cluster.

18-4-3 Once the impact area is resolved, the least senior teacher in an impact area shall be laid off except the least senior teacher in an impact area may be retained and a more senior teacher laid off when the least senior teacher has more qualifications and more ability than a more senior teacher relative to the programs to be offered. Such a comparison shall be made in the inverse order of seniority. In such instance, the first teacher who has fewer qualifications and abilities than the least senior teacher shall be the teacher laid off.

18-4-3-1 Qualifications and abilities shall be determined by certification, training (non-degree study courses, workshops, etc.) which meets the program need in the impact area, advance degrees in the program need area, effectiveness rating, and experience including such factors as: skills, management ability, supervisory ability, interpersonal skills and organization. (The effectiveness ratings will only be used under this article for the purposes of layoff once the local evaluation system under Title 20A, Chapter 508 is fully implemented and all teachers in the impacted cluster have received an effectiveness rating.)

18-4-4 The application of abilities and qualifications referred to in 18-4-3-1 above, shall be determined by the Superintendent.

18-5 In any arbitration properly invoked in connection with this Article, the arbitrator shall not substitute their judgment for that of the Board, but shall be limited to determining only whether, on the evidence presented, a reasonable person could have come to the decision reached by the Board. The arbitrator shall have no authority to revoke or modify the decision of the Board unless the decision was clearly arbitrary and capricious.

18-6 It is understood that this Article relates only to termination of teachers’ contracts resulting from elimination of teaching positions and does not relate to or affect the Board’s statutory authority to dismiss teachers or not to renew teachers’ contracts.

18-7 A teacher who is to be laid off shall receive at least ninety (90) calendar days’ notice of layoff in writing. A copy of the notice of layoff shall be simultaneously sent to the Association.

18-8 A teacher who receives notice of a layoff shall be granted one (1) paid day leave of absence to apply and/or interview for other employment.

18-9 A teacher who has been laid off shall be eligible to continue in the Group F plan pursuant to COBRA regulations.

18-10 Recall

(a) A teacher with continuing contract status who is laid off shall be eligible for consideration for recall for two (2) years from the effective date of the teacher's layoff. A teacher eligible for recall consideration shall retain the right to reemployment in any available position within the teacher's impact area for which the teacher is qualified, pursuant to section 18-4-3-1 above, and interested, prior to the employment of new hires. If a teacher is offered reemployment in accordance with these terms and refuses, the teacher shall forfeit further eligibility for recall consideration. It shall be the responsibility of the teacher to keep the Superintendent notified of the teacher's current mailing address.

(b) All benefits to which a teacher was entitled at the time of layoff, including unused accumulated sick leave, accumulated seniority, and credits toward sabbatical eligibility, shall be restored upon return to active employment.

ARTICLE XIX SENIORITY

19-1 The Board shall maintain seniority lists for all teachers on continuing contract. The lists shall be updated on the 15th day of September; unless the Association shall advise the Superintendent of any error in the lists within 15 days after they have been established or updated or unless a Board approved teacher transfer within the system occurs in the school year, the lists shall be binding for the remainder of the contract year. Separate lists shall be maintained for teachers in the following grade groupings and specialties (each hereinafter called a "cluster"):

1) K-4

2) 5-8

3) 9-12 (science, mathematics, world language, English and social studies)

4) Special Education K-12

6) Physical Education/Health K-12

6) Art K-12 7) Music K-12

8) Speech K-12

9) Technology K-12

10) Nurse Educators K-12

11) Librarians K-12

12) Guidance K-12

13) Social Workers K-12

14) World Language K-8

15) Occupational Therapists K-12

16) Physical Therapists K-12

19) Psychologists K-12

19-2 The teacher with the longest continuous service as a teacher in the Cape Elizabeth School System shall be the first on the list. Service shall be deemed to have commenced when the teacher signs their individual contract with the Cape Elizabeth School Department. Seniority shall not be broken by leaves taken under Article X, XI, XII or XIII of the Agreement. However, a teacher who commences a leave subsequent to September 1, 1981, pursuant to Article XII shall accrue no seniority for the duration of said leave. Seniority shall not be broken when an individual leaves the bargaining unit and is employed as an administrator within the Cape Elizabeth School Department, but such individual shall accrue no additional seniority during the period of time so employed.

19-3 In the event that two or more teachers commenced continuous service on the same date the following shall determine which is the most senior teacher:

(a) The greater number of years of professional teaching experience with the Cape Elizabeth and any other school system; if after the application of this criteria two teachers shall have equal seniority;

(b) The greater number of years of full-time work with the Cape Elizabeth School System.

19-4-1 A teacher who is transferred or retransferred from one cluster to another by the Board shall be inserted in the seniority list of the cluster to which the teacher was transferred with full recognition of the seniority previously attained and shall be removed from the list of the cluster from which the teacher was transferred.

19-4-2 A teacher who is transferred, assigned or volunteers to move out of a defined cluster into a specialist area in an undefined cluster shall, for a period of three (3) years, remain in the seniority list of their prior defined cluster with full recognition of the seniority attained. In the event of a reduction in force in the teacher’s undefined cluster, that teacher shall be permitted to bump back into their prior defined cluster for a period of three (3) years.

ARTICLE XX TEACHER EVALUATION POLICY

20-1 Teachers shall be evaluated by administrators designated by the Board as deemed necessary by the Board, in accordance with the Educator Performance Evaluation and Professional Growth System adopted March 10, 2020.

20-2 No evaluation shall be submitted to the central office, placed in the employee’s personnel file, or otherwise acted upon or without prior conference with the employee.

20-3 The employee shall have the right to submit a written response to their evaluation, which shall be attached to the evaluation and placed in their personnel file.

20-4 Any evaluation that is less than satisfactory will be accompanied by written, specific recommendations for improvement, with a commitment for direct assistance in implementing such recommendations.

ARTICLE XXI PERSONNEL FILE

21-1 The employer shall maintain, for official purposes, one (1) personnel file for each employee. This file shall be kept under conditions that ensure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the employee, written evaluations and other appropriate material relating to the individual’s employment.

21-2 A teacher shall have the right, upon request, to review the contents of their personnel file except for any confidential material prohibited by law. A teacher is entitled to receive copies of such materials except those prohibited by law.

21-3 No material derogatory to a teacher’s conduct, service, character, or personality shall be placed in their personnel file until the teacher has had an opportunity to review the materials. The teacher shall acknowledge that they have had the opportunity to review such material by affixing their signature to the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher shall also have the right to submit a written response to such material which will then be attached to the file copy.

ARTICLE XXII EFFECTIVE DATES AND DURATION

22-1 This Agreement constitutes Board policy for the term of said Agreement and the Board and the Association will carry out the commitments contained herein and give them full force and effect.

22-2 No change, rescission, alteration or modification of this Agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association and endorsed in writing hereon.

22-3 This Agreement shall be governed and construed according to the Constitution and Laws of the State of Maine.

22-4 If any provision of this Agreement, or any application of this Agreement to any teacher covered hereby shall be found contrary to law, then such provision or application will be valid and subsisting only to the extent permitted by law, but all other provisions or applications of this Agreement shall continue in full force and effect.

22-5 Except as otherwise specifically provided in this Agreement, or otherwise specifically agreed to in writing between the parties, the determination of educational policy, the operation and management of the schools and the control, supervision and direction of the certified staff are vested exclusively in the Board.

22-6 This Agreement shall remain in full force and effect from September 1, 2020 to August 31, 2023, at which time it shall expire.

22-7 This Agreement constitutes the entire agreement between the parties for the term hereof as to all matters subject to collective bargaining, except upon mutual written agreement of the parties.

22-8 Compensation and benefits for teachers pursuant to the provisions of Articles VI, X, XI, XII, XIV, and XV will be prorated by the Board for teachers who are employed for less than full-time.


IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective presidents.

Cape Elizabeth School Board [signature on file]


Cape Elizabeth Education Association [signature on file]
5/28/2020
5/20/2020



APPENDIX A - SALARY SCHEDULE

2020-2021

Base salary increase in 2.25%

183 Days

Year BA BA+30 MA MA+30 Doctorate
0 $43,392 $45,996 $48,600 $52,071 $55,542
1 $44,694 $47,514 $49,901 $53,372 $56,843
2 $45,996 $48,817 $51,204 $54,675 $58,146
3 $47,298 $50,119 $52,506 $55,977 $59,448
4 $49,424 $52,245 $54,632 $58,103 $61,574
5 $51,549 $54,369 $56,756 $60,227 $63,698
6 $53,675 $56,495 $58,882 $62,353 $65,824
7 $55,803 $58,624 $61,011 $64,482 $67,953
8 $57,929 $60,750 $63,137 $66,608 $70,079
9 $60,054 $62,874 $65,261 $68,732 $72,203
10 $62,181 $65,001 $67,388 $70,859 $74,330
11 $64,306 $67,126 $69,513 $72,984 $76,455
12 $66,433 $69,253 $71,640 $75,111 $78,582
13 $68,561 $71,382 $73,769 $77,240 $80,711
14 $69,643 $72,463 $75,891 $79,362 $82,833
15 $70,728 $73,548 $76,976 $81,489 $84,960
16 $71,163 $73,983 $77,411 $81,924 $85,395
17 $71,596 $74,416 $77,844 $82,357 $85,828
18 $72,030 $74,850 $78,278 $82,791 $86,262
19 $72,465 $75,285 $78,713 $83,226 $86,697
20 $73,549 $76,369 $79,797 $84,744 $88,215
21 $73,984 $76,805 $80,233 $85,180 $88,651
22 $74,418 $77,239 $80,667 $85,614 $89,085
23 $74,851 $77,671 $81,099 $86,046 $89,517
24 $75,286 $78,107 $81,535 $86,482 $89,953
25 $75,719 $78,539 $81,967 $86,914 $90,385


2021-2022 Salary Schedule

Base salary increase in 2.25%

183 Days

Year BA BA+30 MA MA+30 Doctorate
0 $44,368 $47,030 $49,692 $53,241 $56,790
1 $45,700 $48,584 $51,024 $54,573 $58,122
2 $47,031 $49,915 $52,355 $55,904 $59,453
3 $48,362 $51,246 $53,686 $57,235 $60,784
4 $50,536 $53,420 $55,860 $59,409 $62,958
5 $52,709 $55,593 $58,033 $61,582 $65,131
6 $54,883 $57,767 $60,207 $63,756 $67,305
7 $57,059 $59,943 $62,383 $65,933 $69,483
8 $59,232 $62,116 $64,556 $68,105 $71,654
9 $61,405 $64,289 $66,729 $70,278 $73,827
10 $63,580 $66,464 $68,904 $72,453 $76,002
11 $65,753 $68,637 $71,077 $74,626 $78,175
12 $67,928 $70,812 $73,252 $76,801 $80,350
13 $70,104 $72,988 $75,428 $78,978 $82,528
14 $71,210 $74,094 $77,599 $81,148 $84,697
15 $72,319 $75,203 $78,708 $83,322 $86,871
16 $72,764 $75,648 $79,153 $83,767 $87,316
17 $73,207 $76,091 $79,596 $84,210 $87,759
18 $73,651 $76,535 $80,040 $84,654 $88,203
19 $74,095 $76,979 $80,484 $86,098 $88,647
20 $75,204 $78,088 $81,593 $86,651 $90,200
21 $75,649 $78,533 $82,038 $87,096 $90,646
22 $76,092 $78,976 $82,481 $87,539 $91,088
23 $76,535 $79,419 $82,924 $87,982 $91,531
24 $76,980 $79,864 $83,369 $88,427 $91,977
25 $77,423 $80,307 $83,812 $88,870 $92,419


2022-2023 Salary Schedule

Base salary increase in 2.25%

183 Days

Year BA BA+30 MA MA+30 Doctorate
0 $45,366 $48,088 $50,810 $54,439 $58,068
1 $46,728 $49,677 $52,172 $55,801 $59,430
2 $48,089 $51,038 $53,533 $57,162 $60,791
3 $49,450 $52,399 $54,894 $58,523 $62,152
4 $51,673 $54,622 $57,117 60,746 $64,375
5 $53,895 $56,844 $59,339 $62,968 $66,597
6 $56,118 $59,067 $61,562 $65,191 $68,820
7 $58,343 $61,292 $63,787 $67,416 $71,045
8 $60,565 $63,514 $66,009 $69,638 $73,267
9 $62,787 $65,736 $68,231 $71,860 $75,489
10 $65,011 $67,960 $70,455 $74,084 $77,713
11 $67,232 $70,181 $72,676 $76,305 $79,934
12 $69,456 $72,405 $74,900 $78,529 $82,158
13 $71,681 $74,630 $77,125 $80,754 $84,383
14 $72,812 $75,761 $79,345 $82,974 $86,603
15 $73,946 $76,895 $80,479 $85,197 $88,826
16 $74,401 $77,350 $80,934 $85,652 $89,281
17 $74,854 $77,803 $81,387 $86,105 $89,734
18 $75,308 $78,257 $81,841 $86,559 $90,188
19 $75,762 $78,711 $82,295 $87,013 $90,642
20 $76,896 $79,845 $83,429 $88,601 $92,230
21 $77,351 $80,300 $83,884 $89,056 $92,685
22 $77,804 $80,753 $84,337 $89,509 $93,138
23 $78,257 $81,206 $84,790 $89,962 $93,591
24 $78,712 $81,661 $85,245 $90,417 $94,046
25 $79,165 $82,114 $85,698 $90,870 $94,499



APPENDIX B1 - ATHLETIC STIPENDS

Middle School Athletic Stipends



2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Baseball (7th) $2,536 $2,593 $2,651
Baseball (8th) $2,536 $2,593 $2,651
Basketball (7th boys) $2,706 $2,766 $2,829
Basketball (7th girls) $2,706 $2,766 $2,829
Basketball (8th boys) $2,706 $2,766 $2,829
Basketball (8th girls) $2,706 $2,766 $2,829
Basketball Exp Boys $2,114 $2,161 $2,210
Basketball Exp Girls $2,114 $2,161 $2,210
Cross Country (7,8 boys) $1,775 $1,815 $1,856
Cross Country (7,8 girls) $1,775 $1,815 $1,856
Field Hockey (7th) $2,198 $2,248 $2,298
Field Hockey (8th) $2,198 $2,248 $2,298
Indoor Track $2,114 $2,161 $2,210
Lacrosse (7th boys) $2,536 $2,593 $2,651
Lacrosse (7th girls) $2,536 $2,593 $2,651
Lacrosse (8th boys) $2,536 $2,593 $2,651
Lacrosse (8th girls) $2,536 $2,593 $2,651
Nordic Ski $1,775 $1,815 $1,856
Soccer (7th boys) $2,198 $2,248 $2,298
Soccer (7th girls) $2,198 $2,248 $2,298
Soccer (8th boys) $2,198 $2,248 $2,298
Soccer (8th girls) $2,198 $2,248 $2,298
Softball (7th) $2,536 $2,593 $2,651
Softball (8th) $2,536 $2,593 $2,651
Swimming (7,8 boys) $1,713 $1,751 $1,791
Swimming (7,8 girls) $1,713 $1,751 $1,791
Tennis (7,8) $2,114 $2,161 $2,210
Tennis Asst $1,584 $1,619 $1,656
Track (7th) $2,220 $2,270 $2,321
Track (8th) $2,220 $2,270 $2,321


High School Athletic Stipends



2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Alpine $4,057 $4,149 $4,242
Baseball JV $4,735 $4,842 $4,951
Baseball Varsity $5,748 $5,878 $6,010
Basketball JV boys $5,918 $6,051 $6,188
Basketball JV girls $5,918 $6,051 $6,188
Basketball Varsity boys $7,186 $7,348 $7,513
Basketball Varsity girls $7,186 $7,348 $7,513
Cross Country Head $4,481 $4,582 $4,685
Cross Country Asst. $2,989 $3,056 $3,125
Field Hockey JV $4,018 $4,109 $4,201
Field Hockey Varsity $4,880 $4,990 $5,102
Football Asst. $4,122 $4,214 $4,309
Football Asst. $4,122 $4,214 $4,309
Football Varsity $5,839 $5,971 $6,105
Golf $3,720 $3,804 $3,889
Ice Hockey Asst. boys $4,755 $4,862 $4,971
Ice Hockey Varsity boys $6,342 $6,484 $6,630
Ice Hockey Asst. girls $4,755 $4,862 $4,971
Ice Hockey Varsity girls $6,342 $6,484 $6,630
Indoor Track Asst. $2,747 $2,809 $2,872
Indoor Track Asst. $2,747 $2,809 $2,872
Indoor Track Head $4,640 $4,745 $4,851
Lacrosse JV boys $4,341 $4,438 $4,538
Lacrosse Varsity boys $5,192 $5,309 $5,429
Lacrosse JV girls $4,341 $4,438 $4,538
Lacrosse Varsity girls $5,192 $5,309 $5,429
Nordic Ski $4,509 $4,611 $4,714
Outdoor Track Asst. $3,064 $3,133 $3,204
Outdoor Track Asst. $3,064 $3,133 $3,204
Outdoor Track Head $4,927 $5,038 $5,152
Soccer JV boys $4,018 $4,109 $4,201
Soccer JV girls $4,018 $4,109 $4,201
Soccer Varsity boys $4,880 $4,990 $5,102
Soccer Varsity girls $4,880 $4,990 $5,102
Softball Varsity $5,748 $5,878 $6,010
Swim Asst. $4,629 $4,733 $4,839
Swim Head $7,275 $7,439 $7,606
Tennis Asst. $2,726 $2,787 $2,850
Tennis Varsity boys $4,987 $5,099 $5,214
Tennis Varsity girls $4,987 $5,099 $5,214
Volleyball JV $4,018 $4,109 $4,201
Volleyball $4,880 $4,990 $5,102


APPENDIX B2 - CO CURRICULAR STIPENDS


Pond Cove Elementary Stipends


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Chorus (gr 4) $317 $324 $331
Elementary Robotics $705 $720 $737


Middle School Stipends


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Chewonki Coordinator $792 $810 $821
Chorus (7-8) $441 $451 $461
Debate $1,322 $1,352 $1,382
Drama (5-8) $5,338 $5,459 $5,581
Drama Asst. $1,707 $1,745 $1,784
Environmental Club $300 $306 $313
Instr Music (5-8) $1,762 $1,801 $1,842
Math Team (5-6) $880 $900 $920
Math Team (7-8) $880 $900 $920
Publishing Studio $1,409 $1,441 $1,473
Performance Center Director $2,202 $2,252 $2,303
Robotics (5-6) $968 $990 $1,012
Robotics (7-8) $968 $990 $1,012
Speech $1,322 $1,352 $1,382
Student Council (5-8) $3,523 $3,602 $3,683
Variety Show (5-8) $617 $630 $645
Yearbook (5-8) $1,409 $1,441 $1,473


High School Stipends


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Booktalk $528 $539 $552
Debate $3,012 $3,080 $3,149
Drama Performance (Fall) $5,108 $5,223 $5,341
Drama Performance (Spring) $5,108 $5,223 $5,341
Environmental Club $494 $505 $516
Freshman Advisor $1,268 $1,296 $1,326
Gay Straight Alliance $212 $216 $221
Interact/Volunteer Club $863 $882 $902
Jazz Band I $5,725 $5,854 $5.985
Jazz Band II $3,875 $3,962 $4,052
Jazz Band III $1,232 $1,260 $1,288
Jazz Combo I & II $4,844 $4,953 $5,064
Junior Class Advisor $1,762 $1,801 $1,842
Literary Magazine $1,762 $1,801 $1,842
Math Team $3,875 $3,962 $4,052
Mock Trial $4,387 $4,485 $4,586
Musical Director $2,554 $2,612 $2,670
National Honor Society $1,409 $1,441 $1,473
Natural Helpers $3,786 $3,872 $3,959
Reserve Fund-Nationals/
     World Championships
$1,216 $1,243 $1,271
Robotics Team (per position) $968 $990 $1,012
Science Olympiad $1,409 $1,441 $1,473
Senior Class Advisor $1,762 $1,801 $1,842
Senior to Senior $1,101 $1,126 $1,151
Sophomore Class Advisor $1,268 $1,296 $1,326
Speech Team $7,186 $7,348 $7,513
Speech Team Asst. $1,268 $1,296 $1,326
Student Advisory Council $705 $720 $737
Technical Director (set design) $2,378 $2,432 $2,487
Theater Asst. $2,641 $2,701 $2,761
Theater Class Productions $2,484 $2,540 $2,597
Theater Management $1,322 $1,352 $1,382
Visual Arts (1st semester) $739 $756 $773
Visual Arts (2nd semester) $739 $756 $773
World Affairs Council/Model UN $5,002 $5,115 $5,230
Yearbook $8,096 $8,278 $8,465


District-wide Stipends


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Webmaster $2,202 $2,252 $2,303
Cape Olympians $3,927 $4,016 $4,106
   Soccer $388 $396 $405
   Basketball $458 $468 $479
   Spring Events $1,163 $1,189 $1,215
   Bowling $245 $251 $257
   Swimming $317 $324 $331
   Winter Events $1,357 $1,387 $1,419


APPENDIX B3 - ADMINISTRATIVE STIPENDS


Certification Cmte Stipends


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
At-Large Representative $2,648 $2,708 $2,769
High School Representative $2,648 $2,708 $2,769
Middle School Representative $2,648 $2,708 $2,769
Pond Cove Representative $2,648 $2,708 $2,769


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Mentors $1,761 $1,800 $1,841
Evaluation Committee $1,620 $1,656 $1,693


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023

Proficiency-based Education (PBE) Cmte 

$597 $611 $624


Pond Cove Elementary School Stipends


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Instructional & Organizational Team co-leaders Special Services $1,898 $1,940 $1,984
Instructional & Organizational Team co-leaders Special Services $1,898 $1,940 $1,984
Instructional Team Leader 1 $2,631 $2,690 $2,751
Instructional Team Leader 2 $2,631 $2,690

$2,751

Instructional Team Leader 3 $2,631 $2,690 $2,751
Instructional Team Leader 4 $2,631 $2,690 $2,751
Instructional Team Leader Allied Arts $2,631 $2,690 $2,751
Instructional Team Leader K $2,631 $2,690 $2,751
Organizational Team Leader 1 $1,165 $1,191 $1,218
Organizational Team Leader 2 $1,165 $1,191 $1,218
Organizational Team Leader 3 $1,165 $1,191 $1,218
Organizational Team Leader 4 $1,165 $1,191 $1,218
Organizational Team Leader Allied Arts $1,165 $1,191 $1,218
Organizational Team Leader K $1,165 $1,191 $1,218
Student Support Team Member $1,165 $1,191 $1,218
Student Support Team Member $1,165 $1,191 $1,218
Student Support Team Member $1,165 $1,191 $1,218
Student Support Team Member $1,165 $1,191 $1,218
Student Support Team Member $1,165 $1,191 $1,218


Middle School Stipends


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Student Support Team Leader $3,287 $3,361 $3,437
Student Support Team Members (max amount) $4,755 $4,862 $4,971
Team Facilitator - Allied Arts $3,287 $3,361 $3,437
Team Leader 5 $3,287 $3,361 $3,437
Team Leader 6 $3,287 $3,361 $3,437
Team Leader 7 $3,287 $3,361 $3,437
Team Leader 8 $3,287 $3,361 $3,437
Team Leader Special Services (5-8) $3,287 $3,361 $3,437
Team Leader World Language $3,287 $3,361 $3,437
Curriculum Leaders:  4 positions [@each] $1,620 $1,656 $1,693



High School Stipends


2.25% 2.25% 2.25%
Position 2020-2021 2021-2022 2022-2023
Dept Head Arts & Technology $3,796 $3,881 $3,968
Dept Head English $3,796 $3,881 $3,968
Dept Head Foreign Language $3,796 $3,881 $3,968
Dept Head Guidance $3,796 $3,881 $3,968
Dept Head Health $3,796 $3,881 $3,968
Dept Head Special Services (9-12) $3,796 $3,881 $3,968
Dept Head Math $3,796 $3,881 $3,968
Dept Head Research Coordinator $3,796 $3,881 $3,968
Dept Head Science $3,796 $3,881 $3,968
Dept Head Social Studies $3,796 $3,881 $3,968
Senior Transition Project Coordinator $3,288 $3,362 $3,438

APPENDIX C - FORMS

The following forms below, which will be posted online for access by teachers, shall be untilized as provided in this Agreement. These forms will be marked as "special" forms and made available on the District website with the bargaining agreement. Changes to these forms will be agreed upon by the Board and the Association.

1. Course Reimbursement Request

2. Educational Loan/Advancement Request

3. Special Leave Request and Extended Leave of Absence Request

4. Sabbatical Leave Request

5. Change of Status

6. Medical Waiver Form



SIDE LETTER


The Cape Elizabeth Education Association and the School Board recognize the importance of planning time in supporting student learning. The School Board will develop a policy providing for teacher planning time in the schools which will be presented for Board action. The Board acknowledges its obligation to afford the Association the opportunity to meet and consult with the Board with respect to the development of the policy and any changes thereto, and to negotiate the impact of the policy and any changes thereto on mandatory subjects of bargaining. 



xx--BUS DRIVERS, CUSTODIANS, FOOD SERVICE, AND MAINTENANCE MECHANIC Bargaining Unit Agreement (July 1, 2022 to June 30, 2025)

xx--PREAMBLE This Collective Bargaining Agreement made and entered into pursuant to Maine Public Employees Labor Relations Law Chapter 9A, Title 26 M.R.S.A., as amended, by and between the Cape Elizabeth School Board, hereinafter referred to as the Board, and the Cape Elizabeth Education Association, hereinafter referred to as the Association. ARTICLE 1 RECOGNITION A. The Board hereby recognizes the Cape Elizabeth Education Association as the sole and exclusive bargaining agent pursuant to 26 M.R.S.A. § 962(2) for a bargaining unit composed of those public employees as defined in Section B (3) below in the following job classifications: bus drivers, custodians, head custodians, maintenance mechanics, maintenance supervisors, and food service workers. All other employees of the Cape Elizabeth School District, including substitutes, long-term subs, and spares are excluded from this agreement. B. Definitions 1. The term "Association" shall mean the Cape Elizabeth Education Association. 2. The term "Board" shall mean the School Board of the Cape Elizabeth School Department, Cape Elizabeth, Maine. 3. The term "employee" shall mean all personnel in the bargaining unit as defined by 26 M.R.S.A. § 962(6). 4. The term "Business Manager" shall refer to the school business manager of the Cape Elizabeth School Department. 5. The term "school year" shall mean student days as established by the School Board pursuant to statute. 6. The term "Superintendent" shall mean the Superintendent of Schools of the Cape Elizabeth School Department, Cape Elizabeth, Maine. 7. The term "Principal" shall mean school building principal. 8. The term "Department Administrator" shall mean the School Nutrition Director or the Facilities and Transportation Director.   ARTICLE 2 GRIEVANCE PROCEDURE A. Purpose: 1. The purpose of this procedure is to secure at the lowest possible level equitable solutions to the problems, which may arise affecting the welfare of employees or terms and conditions of their employment. 2. All adjustments to grievances shall be consistent with the terms of this Agreement. The Association shall be given reasonable opportunity to be present and to state its view at any level of the grievance procedure. B. Definitions: 1. The term "grievant" shall mean the employee, employees, or the Association making the complaint(s). 2. A grievance shall mean a dispute as to the specific meaning or inequitable application of any of the provisions of this Agreement. 3. Days shall mean working days, excluding Saturday, Sunday, and legal holidays. 4. "Employees", when used in this article, shall mean all personnel in the bargaining unit. C. Procedure 1. Level One In the event that an employee believes there is a basis for a grievance, s/he shall first discuss the situation with his/her immediate supervisor and department administrator in an effort to resolve the issue. The employee may be accompanied by a representative of the Association. 2. Level Two (a) If a resolution is not achieved at Level One, a formal written grievance that specifically lists the problem and identifies the employee(s) involved can be presented by the employee(s) and/or the Association to the Business Manager. Such formal written grievance shall be presented within (20) days after the event giving rise to the grievance becomes known to the grieving employee or the Association. (b) Within five (5) days after receipt of the written grievance, the Business Manager or another appropriate administrator shall meet with the grievant in an effort to resolve the grievance. Within seven (7) days after this meeting, a written decision shall be presented to the grievant with a copy to the Association. 3. Level Three (a) If the grievance is not resolved at Level Two, the grievant and/or the Association may present the grievance in writing to the Superintendent within five (5) days after receipt of the decision. Within five (5) days after receipt of the grievance, the Superintendent will meet with the grievant, in an effort to resolve the grievance. (b) Within seven (7) days after the meeting, a written decision shall be presented to the grievant with a copy to the Association. 4. Level Four: (a) If the grievance is not resolved at Level Three, the grievant, and/or the Association, may present the grievance in writing to the School Board within ten (10) days after receipt of the decision. Within 15 days the School Board shall meet with the grievant in an effort to resolve the grievance. (b) Within ten (10) days after the meeting, a written decision shall be presented to the grievant with a copy to the Association. 5. Level Five: (a) If the grievance is not resolved at Level Four then the Association, within ten (10) days of receipt of the decision may submit the grievance to arbitration by requesting the American Arbitration Association to utilize its procedures for the selection of an arbitrator pursuant to its rules and procedures. Nothing in the foregoing is meant to prevent the Board and the Association from agreeing on some other competent agency or individual to conduct the arbitration. (b) The arbitrator shall be without power or authority to make any decision that is in violation of the terms of this Agreement. The decision of the arbitrator shall be final and binding and may be appealed pursuant to law. (c) The costs for the services of the arbitrator shall be borne equally by the Board and the Association. ARTICLE 3 RIGHTS OF EMPLOYEES A. No employee shall be disciplined without just cause. No employee after serving a probationary period of twelve (12) months shall be dismissed (which term shall include discharges occurring during the school year and refusal to re-hire an employee for the forthcoming year) without just cause. B. A copy of any written reprimand, suspension or discharge of an employee, shall be delivered to the employee by the party which took such action within five (5) days. An employee who has been reprimanded shall continue in a pay status until the employee has been given a written notice stating the reason(s) for the suspension. C. Any material which is critical to an employee's performance shall not be placed in any personnel file until the employee acknowledges, in writing, receipt of the material. Within twenty-five (25) days of receipt of the material, the employee may provide a written rebuttal to the material, which will be attached to the document. D. Seniority, RIF and Recall 1. Seniority a. By October 31 of each year, the Board shall establish and post seniority lists in all schools for all employees, within the bargaining unit, according to the number of years of continuous employment within the bargaining unit. The employee with the longest continuous employment within the unit shall be first on the list. In the event that two (2) or more employees commence continuous employment on the same date, the employee with the greatest number of years of employment by the Board shall be listed first. b. Separate seniority lists shall be maintained for employees according to the following job classifications: (1) Bus Drivers (2) Custodians including Head Custodian (3) Food Service Workers (4) Maintenance Mechanic including Supervisor 2. Reduction in Force (RIF) a. "Reduction in Force" (RIF) shall mean the termination of employment of an employee when changes in local conditions warrant the elimination of the position. b. In the event of a RIF within a job classification, the lowest employee on the seniority list for the job classification being reduced shall be terminated if the other employees are determined by the Superintendent to possess the necessary skills, abilities, acceptable performance based on evaluations and other qualifications to perform the requirements of the position. An arbitrator shall have the authority to revoke or modify the determination of the Superintendent only if such determination is found to be arbitrary and capricious. c. An employee who is RIF'd shall receive at least 30 calendar days' written notice. d. The Board agrees to consult with the Association to the extent possible prior to a RIF upon written request from the Association and shall make available to the Association information required by law. e. An employee who has been terminated shall be eligible to continue in any of the group insurance plans pursuant to COBRA regulations. 3. Recall (RIF) a. Any non-probationary employee terminated due to a RIF shall retain the right of recall for fifteen (15) calendar months from the effective date of termination of employment to the first available position within the bargaining unit for which s/he is qualified as determined by the Superintendent. b. In the event of a recall, the Board shall notify the Association and the employees on the recall status list who are qualified to fill the vacancy in writing, by registered mail, of the vacancy. To be recalled for the vacancy, employees on lay-off status must notify the Board of availability for recall within fifteen (15) calendar days of receipt of the Board's notification of the vacancy. If any employee on lay-off status so notifies the Board of their availability, the employee with the most seniority and who is the most qualified to meet the requirement of the vacant position will be the first recalled. It shall be the responsibility of the employee to keep the Superintendent notified of the employee's current mailing address. c. Employees recalled within fifteen (15) calendar months from the effective date of termination shall retain their seniority and all benefits accumulated prior to the termination and shall be placed on the same wage step obtained prior to the termination. E. Whenever a vacancy occurs in the bargaining unit, the provisions of Article III D-3 (the recall provision) shall be followed if applicable. Each opening will be posted on the district’s employment web page and e-mailed to all employees concurrently with any public advertisement for the position. If the opening occurs or is to be filled during non-school weeks, written notice of the opening will be posted on the District’s web site. In the filling of such vacancies, current members of this bargaining unit shall be granted interviews upon written request. If shifting an internal candidate to fill the vacancy, seniority will be the determining factor for filling the bargaining unit opening provided the applicants' demonstrated skills and qualifications are equal as determined by the Business Manager, F. Subcontracting Before subcontracting is considered, the Superintendent or his/her designee will meet and consult with the Association to consider other alternatives. The subcontracting of work ordinarily performed by employees covered by this Agreement will only occur if work is not being completed in satisfactory and timely fashion due to understaffing and when overtime by employees is not enough to complete the work satisfactorily. Subcontracting will have specific work parameters outlined and occur within a specific timeframe. Once the School Department has reached full staffing the subcontracting will end. Such contracted services may supplement, but not supplant, existing bargaining unit services and the parties agree that no employee of the district will be laid off or see their regularly scheduled hours reduced as a result of the subcontracted work. ARTICLE 4 EARNED PAID LEAVE Employees may use the first forty (40) hours of their contractual paid leave (sick, family, vacation, personal business leave) for absences for any purpose and the employee may choose which available leave to use. When the leave is used for non-emergency purposes, such as for recreation or vacation like activities, the Superintendent/designee can deny the leave when the Superintendent/designee reasonably determines it will cause undue hardship to the operations of the school. Provided that the employee has not used forty (40) hours or more of contractual paid leave (sick, family, vacations, and/or personal business days) in the contract year, restrictions on the use of contractual paid leave shall be waived and employees may use contractual paid leave in one (1) hour increments or more. ARTICLE 5 SICK LEAVE A. Each employee shall be entitled to sick leave with full pay for personal illness, disability or accident at the rate of one and one-quarter (1.25) days per month for each month of employment or any portion thereof. Employees may accumulate sick leave to a maximum of one hundred thirty-five (135) days. B. In the event of absence of an employee for illness, disability, or accident in excess of five (5) consecutive work days, or in cases of suspected abuse of the sick leave benefits of this Agreement, the Superintendent may require the employee to submit to a medical examination by the school physician attesting to the employee's ability to return to work. Examination by the school physician or by any physician to which the employee is referred by the school physician shall be at the Board's expense. The employee shall provide or cause to be provided a report of any examination to the Superintendent. C. Sick Leave Bank 1. The purpose of the sick leave bank is to provide income protection for members of the sick leave bank who, because of prolonged illness, have exhausted their accumulated sick leave benefits and are unable to return to work. 2. The bank will be administrated by a continuing committee composed of the Superintendent, the Business Manager, President of Association, and one (1) member designated by the Association. A majority vote of the committee shall be required for any days to be granted. The committee shall report to the Board, the Association and the employees annually, indicating the use of the sick leave bank. A decision to deny a request for sick leave bank days is not arbitral. 3. Each bargaining unit member who wishes to become a member of the sick leave bank shall contribute one (1) day of his/her accumulated sick leave to the bank each year until the bank is built up to a maximum of two hundred (200) days. When the bank drops below thirty (30) days, it shall be replenished by assessing each member of the bank one (1) additional day. 4. Any eligible part-time employee may make a pro rata deposit of sick leave days to the bank and, if a request is granted, shall receive pro rata benefits. 5. To qualify for sick leave from the sick leave bank, an employee must have: a. Used all of his/her personal sick leave. b. Waited a period of five (5) days. c. Provided a doctor's certification when requested regarding his/her illness as a prerequisite to withdraw from the bank. 6. Members withdrawing sick leave days from the bank will not have to replace these days, except as a regular contributing member of the bank. 7. Sick leave days contributed to the bank may not be withdrawn if the member, at a later date, leaves the employ of the Board. 8. Upon written application and approval, a member may draw a maximum of thirty (30) days from the sick leave bank in any one school year. By exception, the bank may grant additional requested days. D. Each employee shall be entitled to a yearly maximum of forty (40) hours of paid leave of absence for the purpose of caring for ill members of the employee's family — spouse, father, mother, son, daughter, sixteen (16) of those hours to be deducted from employee's sick leave. ARTICLE 6 BEREAVEMENT LEAVE AND TEMPORARY LEAVES OF ABSENCE A. DEATH IN THE FAMILY 1. In case of death of a member of the employee's immediate family , as defined by the employee, the employee shall have up to five (5) working days paid leave of absence for each occurrence. Additional days may be granted by the Superintendent, in which the employee may elect to deduct a maximum of two (2) days from the employee's accumulated sick leave, vacation, or personal days or taken without pay. 2. The employee shall be granted three (3) days, cumulative, for death(s) of other family relations. Notice of death to be provided to Superintendent if requested. Additional days for death of other family relations may be granted by the Superintendent, in which the employee may elect to deduct a maximum of two (2) days from the employee's accumulated sick leave, vacation or personal days. B. PERSONAL BUSINESS DAYS 1. Bus Drivers, Custodians, Maintenance Mechanics Each employee shall be entitled to two (2) personal business days. This leave shall be used only for matters of urgent personal business and shall not be used for vacation or for business which can be conducted outside of the employee's normal working hours. Except in an emergency there shall be forty-eight (48) hours prior notification to the Department Administrator and/or Business Manager. Requests for personal business days shall be submitted on an electronic form provided by the Business Office. Up to two (2) days of unused personal business leave may be carried over to the next year but may not result in any more than four (4) days in the aggregate. 2. Food Service Each employee shall be entitled to two (2) personal business days. Leaves requested under this section during the opening three (3) days (Orientation Day included) or closing three (3) days of the school year, or the days immediately preceding, or following a holiday, will be granted only in unusual circumstances. One of these days may be used for travel before and after a vacation with limitations. The limitations shall be determined by the Business Manager, whose decision is final. Any request to use personal business days to extend a vacation must be made in writing to the Business Manager, who may grant a very limited number per year, not on a staff development day. Leave for personal business shall not be used for vacation or for business which can be conducted outside the normal school day. Except in an emergency, there shall be forty-eight (48) hours prior notification to the Department Administrator and/or Business Manager. Requests for personal business days shall be submitted on an electronic form provided by the Business Office. Up to two (2) days of unused personal business leave may be carried over to the next year but may not result in any more than four (4) days in the aggregate. C. HOLIDAYS: 1. The following are paid holidays for each employee who is regularly scheduled or scheduled to work (excluding optional training) during the week in which the holiday occurs: • Independence Day • Labor Day • Indigenous Peoples’ Day • Veterans' Day • Thanksgiving Day • the day after Thanksgiving • Christmas Day • New Year's Day • Martin Luther King, Jr. Day • President's Day • Patriots' Day • Memorial Day • Juneteenth Day 2. School year only employees will receive the following paid holidays: • Labor Day • Indigenous Peoples’ Day • Veterans' Day • Thanksgiving Day • the day after Thanksgiving • Christmas Day • New Year's Day • Martin Luther King, Jr. Day • Memorial Day • Juneteeth Day (if school is still in session) 3. When an employee works on a holiday, they will receive holiday pay plus time­ and-a-half their hourly rate for the hours worked. Holiday pay shall not count for the calculation of eligibility for overtime. Any employee who works on a holiday shall not have their work schedule altered for hours worked within that work week. D. VACATIONS: 1. Bus Drivers (a) Paid vacation days will be available according to the following schedule: After 6 mos. 5 days After 1 year 5 additional days After 2 years 10 days each year After 7 years 15 days each year After 12 years 20 days each year (b) Vacation days must be used during the contract year following the year earned. Vacations should be scheduled during school vacations and after the last student day, unless requested to work during those times by administration. Vacations during school days may be scheduled during the school year if workloads permit and if adequate coverage is found and upon prior written approval of the employee's supervisor. (c) Unused vacation days, due to being requested to work by administration during that year, will be carried over four weeks into the following contract year or paid out to the employee at the close of the contract year. 2. Food Service (a) Paid vacation shall be earned based on the school year as follows: After 1 year 5 days After 6 years 10 days each year After 11 years 15 days each year After 15 years 20 days each year (b) Vacation days must be used during the contract year following the year earned. Vacation days cannot be taken when school is in session. Vacation days shall be pro-rated for employees who start employment after the beginning of the school year. (c) Unused vacation days, due to being requested to work by administration during that year, will be carried over four weeks into the following contract year or paid out to the employee at the close of the contract year. 3. Custodians and Maintenance (a) Paid vacation days will be available according to the following schedule: After 6 mos. 5 days After 1 year 5 additional days After 2 years 10 days each year After 7 years 15 days each year After 12 years 20 days each year (b) Vacation days must be used during the contract year following the year earned. Vacations during school days may be scheduled during the school year if workloads permit and if adequate coverage is found and upon prior written approval of the employee's supervisor. (c) Unused vacation days, due to being requested to work by administration during that year, will be carried over four weeks into the following contract year or paid out to the employee at the close of the contract year. 4. Earned Vacation Credit (a) Employees shall receive any vacation days earned during the prior year. (b) In order to move to the next vacation step level, the employee must have worked at least one day more than half of the year in order to be credited with the year. If the employee works less than one day more than half of the work year, the employee shall not advance to the next vacation step until the following year. (c) During their first year of employment, new employees shall earn their vacation days on a pro-rata basis to July 1st based on their first day of employment. As of July 1st of their first year, employees shall be credited with the earned days. E. SCHOOL CLOSING — YEAR-ROUND EMPLOYEES 1. In the event of closing of school, employees shall be paid, but shall be required to work as provided in this Section. 2. All employees shall be expected to report to work. 3. To the extent necessary due to weather-related road conditions such as a snow storm, an employee will be permitted to report late to work and/or leave work early on snow days. However, each employee will advise the department administrator or other appropriate person if road conditions do not permit the employee to report to work at the regular starting time or to leave work at the regular quitting time. The employee will be paid only for the hours actually worked, unless the employee elects to use available vacation or compensatory time. F. SCHOOL CLOSING - SCHOOL YEAR EMPLOYEES 1. All employees shall be paid the regular daily rate when school is closed by the Board or administrative agents, except when school closes early in June due to unused storm days, or except as provided in Section F.2. & F.3. of this Article. 2. In the event of closing of school such as snow conditions ("snow days"), designated employee shall report to work and be paid a minimum of two (2) hours whenever necessary to properly store/secure food products. All other employees shall not work and will not be paid on snow days. 3. To the extent necessary due to weather-related road conditions such as a snowstorm, an employee will be permitted to report late to work and/or leave work early. However, each employee will advise the department administrator or other appropriate person if road conditions do not permit the employee to report to work at the regular starting time or to leave work at the regular quitting time. G. A leave of absence of up to one (I) year, without pay or increment, may be granted to an employee following the birth or adoption of the employee's child, provided that such leave shall terminate not later than one (1) year following the birth or adoption of a child. H. A leave of absence of up to twelve (12) months without pay or increment may be granted for the purpose of caring for a sick member of the employee's family. Upon return, the employee will be guaranteed the same or an equivalent position. In the event that the position is eliminated, Article 3, Section D pertaining to seniority will be followed. For the purpose of this Section, family member classification is the same as under the Family and Medical Leave Act of 1993 as amended (spouse, son or daughter, or parent). I. Any member of an Armed Forces Reserve Unit or National Guard Unit shall be allowed time off pursuant to State and Federal Law. J. Persons called to jury duty shall be paid the difference between jury duty pay and their regular salary. ARTICLE 7 INSURANCE BENEFITS A. Medical Insurance: 1. The Board shall make available a comprehensive group health insurance program for eligible employees. Entitlement applies to those belonging to the Cape Elizabeth group. Participating employees shall have the option of selecting any one of the plans available through the Board's comprehensive group health program (listed below). Plans available for 2021-2022: MEA Choice Plus MEA Standard Plan MEA Standard Plan $500 Deductible MEA Standard Plan $1000 Deductible 2. The Board will contribute according to the following schedule towards the cost of a health insurance plan based upon an employee's eligibility: (a) FOR ALL EMPLOYEES: (1) 86% of the current year's rates of the MEA Choice Plus Plan (2) Employees who work 20 hours per week or more, but less than full time (40 hours) shall receive a pro-rated benefit based upon hours worked compared to full time. (3) Employees who work fewer than 20 hours per week shall not be eligible for Board contribution to health insurance benefits. If the Board's provider allows, such employees may purchase health insurance by payroll deduction as part of the Board's group by paying 100% of the premium. 3. Cash-in-Lieu of Health Insurance: Beginning in the third year of this agreement, an employee may voluntarily elect to withdraw from their existing health insurance offered by the School Board. For such employees the board, as an alternative, will contribute $3,000 to be disbursed through the payroll process. To receive this benefit the employee must elect this option during the annual benefit open enrollment period for the subsequent contract year. This benefit will be administered in accordance with all applicable provisions of the IRS Code and the Board’s Section 125 plans and is a taxable benefit that does not qualify for MainePERS. This benefit will be prorated over the course of the year according to the employee’s contract period in the regular paycheck and not as a one-time distribution. Employees who currently have district health coverage and are employed less than full-time shall have their benefit prorated to their proportion of full-time employment. New hires that elect to not be covered by the district health insurance plan will also be eligible for the benefit. If an employee desires to reinstate coverage during the contract year due to a qualifying event as determined by Internal Revenue Code, Section 125, the benefit will be terminated as of the first month of health coverage. In order to be eligible for this cash-in-lieu of health insurance benefit, for a particular school year, during open enrollment for that year the employee must sign and return to the School Board a statement attesting that the employee, and all other individuals for who the employee reasonably expects to claim a personal income tax exemption for each tax year that begins or ends during the upcoming school year (“tax family”), will have minimum essential health insurance coverage under another employer’s group health plan, other than the Town of Cape Elizabeth or the Cape Elizabeth School Department, (such as the employee’s spouse). Notwithstanding the foregoing attestation by an employee, no cash-in-lieu payment will be made to an employee if the School Board knows or has reason to know that the employee or any other member of the employee’s expected tax family does not have or will not have coverage under another employer’s group health plan during the school year in question. The School Board reserves the right in its sole discretion to require additional documentation of other group health insurance coverage from the employee, such as certificate of coverage from the other employer’s group health plan, in order for an employee to be eligible for cash-in-lieu. Employees will be required to provide a new, signed attestation statement each year during open enrollment in order to be eligible for a new cash-in-lieu payment. Married couples who both work for the Cape Elizabeth School Department are not eligible for this benefit. B. Dental Insurance: 1. The Board agrees to pay up to but not more than $250 for each year of this contract towards the cost of a group dental plan consisting of the Northeast Delta Dental Plan, provided that the Board reserves the right to institute a new program of insurance providing benefits are substantially equal to or superior to these referred to herein. Entitlement applies to those belonging to the Cape Elizabeth group who work over 20 hours per week. 2. Bus Drivers, Custodians, and Maintenance employees who work 20 hours per week or more, but less than full time (40 hours) shall receive a pro-rated benefit based upon hours worked compared to full time. Dental benefits for Food Service employees will not be pro-rated based upon hours worked. 3. Employees who work fewer than 20 hours per week shall not be eligible for Board contribution to dental insurance benefits. If the Board's provider allows, such employees may purchase dental insurance by payroll deduction as part of the Board's group by paying 100% of the premium. C. It is understood that if an employee is eligible for group health benefits and dental benefit on a twelve-month (12) basis, the difference will be deducted from the salary paid. D. Eye Glasses — Bus Drivers, Custodians, Food Service, and Maintenance 1. The Board agrees to pay a maximum of $400.00 towards the cost of eye glasses for each full-time employee, as defined in Article 9, Section H, covered under this provision. 2. Employees who work 20 hours per week or more, but less than full time shall receive a pro-rated benefit based upon hours worked compared to full time. E. Group Life Insurance The Board shall pay the premium towards one (1) times the basic earning of Maine State Retirement Group Life and Accidental Death and Dismemberment to which the employee is entitled. F. Workers' Compensation: 1. In the case of injury covered under the Maine Workers' Compensation Act, an employee will receive from the employee's accumulated sick leave, the difference between the amount of the employee's regular net pay and the amount received as workers' compensation. The difference shall be charged on a pro rata basis to the employee's accumulated sick leave and shall cease when the employee's sick leave is exhausted. An employee shall refund to the Board any payments received in excess of those permitted herein. 2. An employee on workers' compensation leave shall not accrue vacation, personal days or sick leave and shall not be eligible for any vacation or holiday pay while on a workers' compensation leave. The employee, if a participant in the Board's health insurance program, may continue their participation, at the employee's expense. 3. During any workers' compensation leave and while the employee retains a qualified right of reinstatement under this Agreement, the Board may periodically require the employee to submit a medical statement satisfactory to the Board from the employee's attending physician and/or to submit to a medical examination by a physician selected by the Board as a condition of continued leave and/or reinstatement, whichever is applicable. G. The School Board will offer a Section 125 Cafeteria Plan which will provide eligible employees the opportunity to pay for their share of the cost of health and dental insurance premiums on a pre-tax basis, subject to the terms of the Cafeteria Plan and limitations under the Internal Revenue Code. H. The School Board will offer as benefits under the Section 125 Plan through a party chosen by the Board a Health Flexible Spending Account and a Dependent Care Assistance Plan subject to the terms of the Cafeteria Plan and limitations under the Internal Revenue Code. The per account/per month administrative fee(s) shall be paid by the individual participant utilizing one or both of the separate benefit plans under the Cafeteria Plan. ARTICLE 8 ASSOCIATION RIGHTS A. Association Business Representatives of the Association shall be allowed time off, with pay, for mutually scheduled meetings with Board officials concerning Association business. B. Dues Deduction 1. The Board agrees to deduct from the employee's salary money for local, state and national Association membership dues upon written authorization of the employees in not less than 20 equal installments. The deductions shall continue from year to year unless the employee gives written notice to the Superintendent and the Association during the first two weeks of September of the given year of membership termination. The effective date for termination of the deduction shall be the first payday after September 15. 2. The Association agrees to indemnify and hold harmless including any penalties or legal costs the Board against all claims by reason of any action taken in making deductions of such dues and remitting the same to the Association. ARTICLE 9 WORKING HOURS A. Work Schedules This Article defines the normal hours of work, and establishes the basis for the calculation of overtime. It is not, however, a guarantee of hours of work per day, work period, month or year. It is not intended to establish a right to compensation in any form for time not worked except as specifically provided for in this Article. B. Overtime and Compensatory Time: 1. Time and one-half straight time rate shall be paid for authorized work performed in excess of 40 hours per week, provided that paid bereavement leave shall be included in calculating the number of hours worked. 2. Hourly wages due must be paid by the next pay period. 3. When compensatory time is requested, it must be pre-approved by the immediate supervisor and may not accumulate for more than 5 days annually. Employees will schedule the use of their compensatory time during non-school days with prior approval of the employee's supervisor. Compensatory time may also be scheduled during school days if workloads permit and if adequate coverage is found with prior approval of employee's supervisor. Compensatory time off will not be granted if it will result in overtime coverage. 4. Overtime shall be assigned on an equitable seniority rotation basis C. Call-Back Pay: Beginning in the third year of this agreement, employees called back to work shall receive a minimum of four (4) hours pay for the work for which they are called back. This section applies only when call-back hours result in hours worked which are not annexed consecutively to one end or the other of the working day or working shift and only if the employee has been punched out for at least fifteen (15) minutes. This section does not apply to scheduled overtime. D. No employee shall be disciplined for regularly scheduled work not completed by the end of their shift when the completion of this work is prevented by special or emergency types of work done at the request of their supervisor. E. During school vacation periods (winter, spring, and Christmas) a bus driver's starting time may be delayed to correspond with the trip schedule when the driver is scheduled to take a school trip. During such vacation periods, a driver may elect not to work in excess of 40 hours per week subject to their supervisor's approval. G. Food Service Work Conditions 1. Employees who work at banquets or other functions shall be paid at their regular rate of pay or at the rate of $20.45 per hour, whichever is greater. Work at banquets is defined as a function that starts outside of regular work hours. Functions shall be rotated among employees. One of the assigned employees must be from the building in which the function is held. Employees will be paid a minimum of two (2) hours for work at banquets and other functions. 2. Substitutes will be obtained by the Department Administrator. 3. In the event that a full-time employee is unable to work, part-time employees shall be offered the temporary full-time position first, followed by the persons on the substitute list. H. Work Hours 1. Full year, full time employees shall normally be scheduled to work a forty (40) hour work week. The employee's work hours shall be assigned by the employee's supervisor. 2. The work hours of school year employees and any employees working less than forty (40) hours per week will be assigned by the employee's supervisor. 3. Food Service employees who work 35 or more hours per week shall be considered full time. I. Work days for school year employees shall be student days and additional days as required by the Department Administrator. Work site assignments will be determined by the Department Administrator. ARTICLE 10 MANAGEMENT RIGHTS A. The Board retains all rights and authority to manage and direct its employees, except as otherwise specifically provided for in this Agreement. Such rights shall include and shall not be limited to: the operation and management of the operations; the direction of the working forces; the right to hire, to discharge and discipline for just cause, to change assignments, to promote, to suspend; to reduce or expand the working forces; to transfer; to maintain discipline; to establish work schedules; to introduce new, improved or changed methods of work or facilities; to establish, change, combine or eliminate jobs, work, tasks, or positions. The Board's not exercising any function or right hereby reserved to it, or the exercising of any functions in a particular way, shall not be deemed a waiver of its rights to exercise such function or preclude the Board from exercising the same in some other way not in conflict with the express provisions of this Agreement. B. The Association acknowledges the right of the Board to establish work rules with which each employee shall be familiar and responsible for compliance provided such work rules are not inconsistent with the provisions of this Agreement. These work rules shall be published and made available to all employees. ARTICLE 11 MISCELLANEOUS PROVISIONS A. No employee shall be favored or discriminated against by either the Board or the Association because of their membership or non-membership in the Association. The parties to this Agreement agree that they shall not discriminate against any employee because of race, color, religion, national origin, marital status, gender, sexual orientation, genetic information, physical or mental disability, or age. B. The Board shall reimburse any employee for meals and other expenses according to the established Travel Reimbursement Procedure when such employee is on job related travel. 1. Overnight Travel - Out of Town: Paid time will be for eight (8) hours per day except for bus drivers where the paid time will be calculated at the point of start of trip until transportation is concluded for that day. 2. Day Travel - Out of Town Meals will be reimbursed when an out-of-town trip exceeds eight (8) hours or is a continuation beyond the normal workday as outlined in Article 11C. C. ''Normal work day" as used in this Article shall mean eight (8) hours of continuous employment on any day during which the employee reports to work. D. Uniforms 1. Maintenance Mechanics The Board shall provide, after the first 90 days of employment, up to four (4) sets of uniforms to those maintenance mechanic employees who choose to wear them. Uniforms shall be replaced as needed at the determination of the supervisor. During work hours all maintenance mechanics shall be required to wear ANSI­ certified safety shoes approved by their Department Administrator and shall be reimbursed up to $400.00 annually upon submission of receipt of payment. Maintenance mechanics shall be reimbursed up to $400 annually for the purchase of outerwear (gloves, hats, coats, pants, etc.). 2. Food Service The Board shall pay up to $600.00 per school year to each employee towards the cost of uniforms, provided the employee presents receipts totaling $600.00 of such purchases to be reimbursed. Only $300 of the benefit will be reimbursed before January 31 provided the employee presents receipts. The balance will be reimbursed after February 1 provided the employee presents receipts. The employee will have the option to request that no Federal or State taxes be deducted from the reimbursement check at the time of reimbursement. The employee must understand that this benefit will be part of their taxable earnings on their W-2. Uniform guidelines will be established by the Department Administrator, after discussion with the bargaining unit. 3. Custodians Custodian shall be provided work shirts which shall be worn during work hours. During work hours, all custodians shall be required to wear ANSI-certified safety shoes approved by their Department Administrator and shall be reimbursed up to $400.00 annually upon submission of receipt of payment. E. Professional Development 1. Upon written documentation of successful completion, the Board agrees to reimburse a full-time employee up to three (3) credit hours annually for the cost of course work earned in a planned degree or other program approved by the Superintendent in writing. Reimbursement for part time employees shall be prorated based on the number of regularly scheduled hours per. Reimbursement will be based upon the cost per credit hour at the University of Maine at Orono. Other reimbursable costs include texts, and activity and lab fees. These costs will be determined at the time of participation and shall be approved by the Superintendent. Anticipated use of this benefit shall be communicated in writing to the Superintendent prior to February 1, preceding the use of this benefit. If the course request is initiated by the employee, attendance does not count as hours worked and is without pay. If the course is required by the Superintendent, attendance shall be paid pursuant to the requirements of the Fair Labor Standards Act (FLSA). 2. The Board will pay expenses incurred by employees who attend workshops approved in writing by the Superintendent in advance. If the workshop request is initiated by the employee, attendance does not count as hours worked and is without pay. If the workshop is required by the Superintendent, attendance shall be paid pursuant to the requirements of the Fair Labor Standards Act (FLSA). F. The Board agrees to pay applicable fees for the renewal of a Class B bus driver endorsement ARTICLE 12 RETIREMENT BENEFIT A. All Employees: 1. Retirement Plan (a) Eligible employees may participate in a retirement plan set up with a company mutually agreed to by the bargaining unit and the Board. The Board will match regular employee's contributions up to 7% of gross wages, with employee's contributions to be paid through payroll deductions. The Board and the employee's contribution to go directly into the employee's account. Employees are fully responsible for any fees assessed to participants by the Plan and are responsible for choosing from among a number of investment options for the balances in their accounts. The withdrawal of funds is in accordance with federal regulations. (b) Employees may make changes that affect the employer match to this retirement plan only once per year with notification of this change to the payroll office by February 1st of each year preceding the effective date of change of July 1. B. Retirement Pay - All Employees (a) Upon retirement after no less than fifteen (15) consecutive years of employment an employee shall be paid for a maximum of twenty (20) days accrued sick leave. Upon retirement after no less than twenty (20) consecutive years of employment, an employee shall be paid for a maximum of thirty (30) days accrued sick leave. (b) Notification of retirement plans must be given to the Business Manager prior to February 15 of the year in which the employee intends to retire. Failure to give timely notice of retirement plans may result in lack of funds for retirement benefit, and payment may be delayed. ARTICLE 13 STRIKES AND SLOWDOWNS The Association agrees that during the term of this Agreement neither it nor its officers or members will engage in, encourage, sanction, support, or suggest any (1) strikes, (2) slow­ downs, (3) mass absenteeism, (4) mass resignations, or (5) any other similar actions which would involve suspension of or interference with the normal work of the School System. ARTICLE 14 SALARIES A. The salaries of all employees covered by this Agreement are set forth in Appendix A attached to this agreement according to an employee's months of experience. B. Any contemplated pay adjustment for employees above the wage scale based on a change in responsibilities shall be agreed upon by the Association and the District. C. Salary Schedule. The salaries and effective dates of increases for employees shall be as follows: 1. Experience increases for new employees shall be after 6 months of service. Thereafter experience increases for all employees shall be adjusted annually on the first day of July and employees who have one-half year or more of service on that date will be given credit for one year. 2. Any Head Custodian or Maintenance Supervisor supervising three (3) or more employees shall receive an additional $4.60 per hour. 3. Lead Custodian employees shall receive an additional $1.16 per hour. D. Longevity Pay. Employees at the top of the wage scale with 10 or more years' experience working in the Cape Elizabeth School District will be paid 1% of the base wage for the employee's classification multiplied by the employee's annual work hours.   ARTICLE 15 DURATION OF THE CONTRACT A. This Agreement constitutes the entire agreement between the parties for the term as to all matters subject to collective bargaining. No change, rescission, alteration or modification of this Agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association and endorsed in writing hereon. B. For any actively employed bargaining unit member, this Agreement shall be effective July 1, 2022 and shall expire on June 30, 2025. ARTICLE 16 SAVINGS CLAUSE If any provision of this Agreement is contrary to law, then such provision shall be valid only to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect.

BUS DRIVERS, CUSTODIANS, FOOD SERVICE, AND MAINTENANCE MECHANIC Bargaining Unit Agreement (July 1, 2022 to June 30, 2025)

PREAMBLE


This Collective Bargaining Agreement made and entered into pursuant to Maine Public Employees Labor Relations Law Chapter 9A, Title 26 M.R.S.A., as amended, by and between the Cape Elizabeth School Board, hereinafter referred to as the Board, and the Cape Elizabeth Education Association, hereinafter referred to as the Association.


ARTICLE 1 RECOGNITION


  1. The Board hereby recognizes the Cape Elizabeth Education Association as the sole and exclusive bargaining agent pursuant to 26 M.R.S.A. § 962(2) for a bargaining unit composed of those public employees as defined in Section B (3) below in the following job classifications: bus drivers, custodians, head custodians, maintenance mechanics, maintenance supervisors, and food service workers. All other employees of the Cape Elizabeth School District, including substitutes, long-term subs, and spares are excluded from this agreement.
  2. Definitions
    1. The term "Association" shall mean the Cape Elizabeth Education Association.
    2. The term "Board" shall mean the School Board of the Cape Elizabeth School Department, Cape Elizabeth, Maine.
    3. The term "employee" shall mean all personnel in the bargaining unit as defined by 26 M.R.S.A. § 962(6). 
    4. The term "Business Manager" shall refer to the school business manager of the Cape Elizabeth School Department.
    5. The term "school year" shall mean student days as established by the School Board pursuant to statute.
    6. The term "Superintendent" shall mean the Superintendent of Schools of the Cape Elizabeth School Department, Cape Elizabeth, Maine.
    7. The term "Principal" shall mean school building principal.
    8. The term "Department Administrator" shall mean the School Nutrition Director or the Facilities and Transportation Director.



ARTICLE 2 GRIEVANCE PROCEDURE


  1. Purpose:
    1. The purpose of this procedure is to secure at the lowest possible level equitable solutions to the problems, which may arise affecting the welfare of employees or terms and conditions of their employment.
    2. All adjustments to grievances shall be consistent with the terms of this Agreement. The Association shall be given reasonable opportunity to be present and to state its view at any level of the grievance procedure.


B. Definitions:

    1. The term "grievant" shall mean the employee, employees, or the Association making the complaint(s).
    2. A grievance shall mean a dispute as to the specific meaning or inequitable application of any of the provisions of this Agreement.
    3. Days shall mean working days, excluding Saturday, Sunday, and legal holidays.
    4. "Employees", when used in this article, shall mean all personnel in the bargaining unit.


    1. Level One

In the event that an employee believes there is a basis for a grievance, s/he shall first discuss the situation with his/her immediate supervisor and department administrator in an effort to resolve the issue. The employee may be accompanied by a representative of the Association.


      1. If a resolution is not achieved at Level One, a formal written grievance that specifically lists the problem and identifies the employee(s) involved can be presented by the employee(s) and/or the Association to the Business Manager. Such formal written grievance shall be presented within (20) days after the event giving rise to the grievance becomes known to the grieving employee or the Association.
      2. Within five (5) days after receipt of the written grievance, the Business Manager or another appropriate administrator shall meet with the grievant in an effort to resolve the grievance. Within seven (7) days after this meeting, a written decision shall be presented to the grievant with a copy to the Association.


      1. If the grievance is not resolved at Level Two, the grievant and/or the Association may present the grievance in writing to the Superintendent within five (5) days after receipt of the decision.  Within five (5) days after receipt of the grievance, the Superintendent will meet with the grievant, in an effort to resolve the grievance.
      2. Within seven (7) days after the meeting, a written decision shall be presented to the grievant with a copy to the Association.


      1. If the grievance is not resolved at Level Three, the grievant, and/or the Association, may present the grievance in writing to the School Board within ten (10) days after receipt of the decision. Within 15 days the School Board shall meet with the grievant in an effort to resolve the grievance.
      2. Within ten (10) days after the meeting, a written decision shall be presented to the grievant with a copy to the Association.



      1. If the grievance is not resolved at Level Four then the Association, within ten (10) days of receipt of the decision may submit the grievance to arbitration by requesting the American Arbitration Association to utilize its procedures for the selection of an arbitrator pursuant to its rules and procedures. Nothing in the foregoing is meant to prevent the Board and the Association from agreeing on some other competent agency or individual to conduct the arbitration.
      2. The arbitrator shall be without power or authority to make any decision that is in violation of the terms of this Agreement. The decision of the arbitrator shall be final and binding and may be appealed pursuant to law.
      3. The costs for the services of the arbitrator shall be borne equally by the Board and the Association.



ARTICLE 3 RIGHTS OF EMPLOYEES


  1. No employee shall be disciplined without just cause. No employee after serving a probationary period of twelve (12) months shall be dismissed (which term shall include discharges occurring during the school year and refusal to re-hire an employee for the forthcoming year) without just cause.
  2. A copy of any written reprimand, suspension or discharge of an employee, shall be delivered to the employee by the party which took such action within five (5) days. An employee who has been reprimanded shall continue in a pay status until the employee has been given a written notice stating the reason(s) for the suspension.
  3. Any material which is critical to an employee's performance shall not be placed in any personnel file until the employee acknowledges, in writing, receipt of the material. Within twenty-five (25) days of receipt of the material, the employee may provide a written rebuttal to the material, which will be attached to the document.
  4. Seniority, RIF and Recall
      1. By October 31 of each year, the Board shall establish and post seniority lists in all schools for all employees, within the bargaining unit, according to the number of years of continuous employment within the bargaining unit. The employee with the longest continuous employment within the unit shall be first on the list. In the event that two (2) or more employees commence continuous employment on the same date, the employee with the greatest number of years of employment by the Board shall be listed first.
      2. Separate seniority lists shall be maintained for employees according to the following job classifications:

(1) Bus Drivers

(2) Custodians including Head Custodian

(3) Food Service Workers 

(4) Maintenance Mechanic including Supervisor


      1. "Reduction in Force" (RIF) shall mean the termination of employment of an employee when changes in local conditions warrant the elimination of   the position.
      2. In the event of a RIF within a job classification, the lowest employee on the seniority list for the job classification being reduced shall be terminated if the other employees are determined by the Superintendent to possess the necessary skills, abilities, acceptable performance based on evaluations and other qualifications to perform the requirements of the position. An arbitrator shall have the authority to revoke or modify the determination of the Superintendent only if such determination is found to be arbitrary and capricious.
      3. An employee who is RIF'd shall receive at least 30 calendar days' written notice.
      4. The Board agrees to consult with the Association to the extent possible prior to a RIF upon written request from the Association and shall make available to the Association information required by law.
      5. An employee who has been terminated shall be eligible to continue in any  of the group insurance plans pursuant to COBRA regulations.


      1. Any non-probationary employee terminated due to a RIF shall retain the right of recall for fifteen (15) calendar months from the effective date of termination of employment to the first available position within the bargaining unit for which s/he is qualified as determined by the Superintendent.
      2. In the event of a recall, the Board shall notify the Association and the employees on the recall status list who are qualified to fill the vacancy in writing, by registered mail, of the vacancy. To be recalled for the vacancy, employees on lay-off status must notify the Board of availability for recall within fifteen (15) calendar days of receipt of the Board's notification of the vacancy. If any employee on lay-off status so notifies the Board of their availability, the employee with the most seniority and who is the most qualified to meet the requirement of the vacant position will be the first recalled. It shall be the responsibility of the employee to keep the Superintendent notified of the employee's current mailing address.
      3. Employees recalled within fifteen (15) calendar months from the effective date of termination shall retain their seniority and all benefits accumulated prior to the termination and shall be placed on the same wage step obtained prior to the termination.


  1. Whenever a vacancy occurs in the bargaining unit, the provisions of Article III D-3 (the recall provision) shall be followed if applicable. Each opening will be posted on the district’s employment web page and e-mailed to all employees concurrently with any public advertisement for the position. If the opening occurs or is to be filled during non-school weeks, written notice of the opening will be posted on the District’s web site. In the filling of such vacancies, current members of this bargaining unit shall be granted interviews upon written request. If shifting an internal candidate to fill the vacancy, seniority will be the determining factor for filling the bargaining unit opening provided the applicants' demonstrated skills and qualifications are equal as determined by the Business Manager.


  1. Subcontracting

Before subcontracting is considered, the Superintendent or his/her designee will meet and consult with the Association to consider other alternatives. The subcontracting of work ordinarily performed by employees covered by this Agreement will only occur if work is not being completed in satisfactory and timely fashion due to understaffing and when overtime by employees is not enough to complete the work satisfactorily. Subcontracting will have specific work parameters outlined and occur within a specific timeframe. Once the School Department has reached full staffing the subcontracting will end.

Such contracted services may supplement, but not supplant, existing bargaining unit services and the parties agree that no employee of the district will be laid off or see their regularly scheduled hours reduced as a result of the subcontracted work.


ARTICLE 4 EARNED PAID LEAVE


Employees may use the first forty (40) hours of their contractual paid leave (sick, family, vacation, personal business leave) for absences for any purpose and the employee may choose which available leave to use. When the leave is used for non-emergency purposes, such as for recreation or vacation like activities, the Superintendent/designee can deny the leave when the Superintendent/designee reasonably determines it will cause undue hardship to the operations of the school. Provided that the employee has not used forty (40) hours or more of contractual paid leave (sick, family, vacations, and/or personal business days) in the contract year, restrictions on the use of contractual paid leave shall be waived and employees may use contractual paid leave in one (1) hour increments or more.



ARTICLE 5 SICK LEAVE

  1. Each employee shall be entitled to sick leave with full pay for personal illness, disability or accident at the rate of one and one-quarter (1.25) days per month for each month of employment or any portion thereof. Employees may accumulate sick leave to a maximum of one hundred thirty-five (135) days.
  2. In the event of absence of an employee for illness, disability, or accident in excess of five (5) consecutive work days, or in cases of suspected abuse of the sick leave benefits of this Agreement, the Superintendent may require the employee to submit to a medical examination by the school physician attesting to the employee's ability to return to work. Examination by the school physician or by any physician to which the employee is referred by the school physician shall be at the Board's expense. The employee shall provide or cause to be provided a report of any examination to the Superintendent.
  3. Sick Leave Bank
    1. The purpose of the sick leave bank is to provide income protection for members of the sick leave bank who, because of prolonged illness, have exhausted their accumulated sick leave benefits and are unable to return to work.
    2. The bank will be administrated by a continuing committee composed of the Superintendent, the Business Manager, President of Association, and one (1) member designated by the Association. A majority vote of the committee shall be required for any days to be granted. The committee shall report to the Board, the Association and the employees annually, indicating the use of the sick leave bank. A decision to deny a request for sick leave bank days is not arbitral.
    3. Each bargaining unit member who wishes to become a member of the sick leave bank shall contribute one (1) day of his/her accumulated sick leave to the bank each year until the bank is built up to a maximum of two hundred (200) days. When the bank drops below thirty (30) days, it shall be replenished by assessing each member of the bank one (1) additional day.
    4. Any eligible part-time employee may make a pro rata deposit of sick leave days to the bank and, if a request is granted, shall receive pro rata benefits.
    5. To qualify for sick leave from the sick leave bank, an employee must have:
      1. Used all of his/her personal sick leave.
      2. Waited a period of five (5) days.
      3. Provided a doctor's certification when requested regarding his/her illness as a prerequisite to withdraw from the bank.
  1. Each employee shall be entitled to a yearly maximum of forty (40) hours of paid leave of absence for the purpose of caring for ill members of the employee's family — spouse, father, mother, son, daughter, sixteen (16) of those hours to be deducted from employee's sick leave.



ARTICLE 6 BEREAVEMENT LEAVE AND TEMPORARY LEAVES OF ABSENCE


  1. DEATH IN THE FAMILY
    1. In case of death of a member of the employee's immediate family, as defined by the employee, the employee shall have up to five (5) working days paid leave of absence for each occurrence. Additional days may be granted by the Superintendent, in which the employee may elect to deduct a maximum of two (2) days from the employee's accumulated sick leave, vacation, or personal days or taken without pay.
    2. The employee shall be granted three (3) days, cumulative, for death(s) of other family relations. Notice of death to be provided to Superintendent if requested. Additional days for death of other family relations may be granted by the Superintendent, in which the employee may elect to deduct a maximum of two (2) days from the employee's accumulated sick leave, vacation or personal days.


  1. PERSONAL BUSINESS DAYS


    1. Bus Drivers, Custodians, Maintenance Mechanics

Each employee shall be entitled to two (2) personal business days. This leave shall be used only for matters of urgent personal business and shall not be used for vacation or for business which can be conducted outside of the employee's normal working hours.

Except in an emergency there shall be forty-eight (48) hours prior notification to the Department Administrator and/or Business Manager. Requests for personal business days shall be submitted on an electronic form provided by the Business Office. Up to two (2) days of unused personal business leave may be carried over to the next year but may not result in any more than four (4) days in the aggregate.


2. Food Service

Each employee shall be entitled to two (2) personal business days. Leaves requested under this section during the opening three (3) days (Orientation Day included) or closing three (3) days of the school year, or the days immediately preceding, or following a holiday, will be granted only in unusual circumstances. One of these days may be used for travel before and after a vacation with limitations.  The limitations shall be determined by the Business Manager, whose decision is final. Any request to use personal business days to extend a vacation must be made in writing to the Business Manager, who may grant a very limited number per year, not on a staff development day. Leave for personal business shall not be used for vacation or for business which can be conducted outside the normal school day. Except in an emergency, there shall be forty-eight (48) hours prior notification to the Department Administrator and/or Business Manager. Requests for personal business days shall be submitted on an electronic form provided by the Business Office. Up to two (2) days of unused personal business leave may be carried over to the next year but may not result in any more than four (4) days in the aggregate.



  1. HOLIDAYS:






  1. VACATIONS:


    1. Bus Drivers 
      1. Paid vacation days will be available according to the following schedule:   

After 6 mos.


5 days

After 1 year


5 additional days

After 2 years


10 days each year

After 7 years


15 days each year

After 12 years


20 days each year




      1. Paid vacation shall be earned based on the school year as follows: 

After 1 year


5 days

After 6 years


10 days each year

After 11 years


15 days each year

After 15 years


20 days each year




      1. Paid vacation days will be available according to the following schedule:   

After 6 mos.


5 days

After 1 year


5 additional days

After 2 years


10 days each year

After 7 years


15 days each year

After 12 years


20 days each year






    1. In the event of closing of school, employees shall be paid, but shall be required to work as provided in this Section.
    2. All employees shall be expected to report to work.
    3. To the extent necessary due to weather-related road conditions such as a snow storm, an employee will be permitted to report late to work and/or leave work early on snow days. However, each employee will advise the department administrator or other appropriate person if road conditions do not permit the employee to report to work at the regular starting time or to leave work at the regular quitting time. The employee will be paid only for the hours actually worked, unless the employee elects to use available vacation or compensatory time.



    1. All employees shall be paid the regular daily rate when school is closed by the Board or administrative agents, except when school closes early in June due to unused storm days, or except as provided in Section F.2. & F.3. of this Article.
    2. In the event of closing of school such as snow conditions ("snow days"), designated employee shall report to work and be paid a minimum of two (2) hours whenever necessary to properly store/secure food products. All other employees shall not work and will not be paid on snow days.
    3. To the extent necessary due to weather-related road conditions such as a snowstorm, an employee will be permitted to report late to work and/or leave work early. However, each employee will advise the department administrator or other appropriate person if road conditions do not permit the employee to report to work at the regular starting time or to leave work at the regular quitting time.


  1.  A leave of absence of up to one (I) year, without pay or increment, may be granted to an employee following the birth or adoption of the employee's child, provided that such leave shall terminate not later than one (1) year following the birth or adoption of a child.


  1. A leave of absence of up to twelve (12) months without pay or increment may be granted for the purpose of caring for a sick member of the employee's family. Upon return, the employee will be guaranteed the same or an equivalent position. In the event that the position is eliminated, Article 3, Section D pertaining to seniority will be followed. For the purpose of this Section, family member classification is the same as under the Family and Medical Leave Act of 1993 as amended (spouse, son or daughter, or parent).


  1. Any member of an Armed Forces Reserve Unit or National Guard Unit shall be allowed time off pursuant to State and Federal Law.


  1. Persons called to jury duty shall be paid the difference between jury duty pay and their  regular salary.


ARTICLE 7 INSURANCE BENEFITS


  1. Medical Insurance:

    1. The Board shall make available a comprehensive group health insurance program for eligible employees. Entitlement applies to those belonging to the Cape Elizabeth group. Participating employees shall have the option of selecting any one of the plans available through the Board's comprehensive group health program (listed below). Plans available for 2021-2022:

MEA Choice Plus
MEA Standard Plan
MEA Standard Plan $500 Deductible
MEA Standard Plan $1000 Deductible

          1. 86% of the current year's rates of the MEA Choice Plus Plan
          2. Employees who work 20 hours per week or more, but less than full time (40 hours) shall receive a pro-rated benefit based upon hours worked compared to full time.
          3. Employees who work fewer than 20 hours per week shall not be eligible for Board contribution to health insurance benefits. If the Board's provider allows, such employees may purchase health insurance by payroll deduction as part of the Board's group by paying 100% of the premium.


Beginning in the third year of this agreement, an employee may voluntarily elect to withdraw from their existing health insurance offered by the School Board. For such employees the board, as an alternative, will contribute $3,000 to be disbursed through the payroll process. To receive this benefit the employee must elect this option during the annual benefit open enrollment period for the subsequent contract year. This benefit will be administered in accordance with all applicable provisions of the IRS Code and the Board’s Section 125 plans and is a taxable benefit that does not qualify for MainePERS. This benefit will be prorated over the course of the year according to the employee’s contract period in the regular paycheck and not as a one-time distribution. Employees who currently have district health coverage and are employed less than full-time shall have their benefit prorated to their proportion of full-time employment. New hires that elect to not be covered by the district health insurance plan will also be eligible for the benefit. If an employee desires to reinstate coverage during the contract year due to a qualifying event as determined by Internal Revenue Code, Section 125, the benefit will be terminated as of the first month of health coverage.

In order to be eligible for this cash-in-lieu of health insurance benefit, for a particular school year, during open enrollment for that year the employee must sign and return to the School Board a statement attesting that the employee, and all other individuals for who the employee reasonably expects to claim a personal income tax exemption for each tax year that begins or ends during the upcoming school year (“tax family”), will have minimum essential health insurance coverage under another employer’s group health plan, other than the Town of Cape Elizabeth or the Cape Elizabeth School Department, (such as the employee’s spouse).

Notwithstanding the foregoing attestation by an employee, no cash-in-lieu payment will be made to an employee if the School Board knows or has reason to know that the employee or any other member of the employee’s expected tax family does not have or will not have coverage under another employer’s group health plan during the school year in question. The School Board reserves the right in its sole discretion to require additional documentation of other group health insurance coverage from the employee, such as certificate of coverage from the other employer’s group health plan, in order for an employee to be eligible for cash-in-lieu. Employees will be required to provide a new, signed attestation statement each year during open enrollment in order to be eligible for a new cash-in-lieu payment.

Married couples who both work for the Cape Elizabeth School Department are not eligible for this benefit.

    1. The Board agrees to pay up to but not more than $250 for each year of this contract towards the cost of a group dental plan consisting of the Northeast Delta Dental Plan, provided that the Board reserves the right to institute a new program of insurance providing benefits are substantially equal to or superior to these referred to herein. Entitlement applies to those belonging to the Cape Elizabeth group who work over 20 hours per week.
    2. Bus Drivers, Custodians, and Maintenance employees who work 20 hours per week or more, but less than full time (40 hours) shall receive a pro-rated benefit based upon hours worked compared to full time. Dental benefits for Food Service employees will not be pro-rated based upon hours worked.
    3. Employees who work fewer than 20 hours per week shall not be eligible for Board contribution to dental insurance benefits. If the Board's provider allows, such employees may purchase dental insurance by payroll deduction as part of the Board's group by paying 100% of the premium.


    1. The Board agrees to pay a maximum of $400.00 towards the cost of eye glasses for each full-time employee, as defined in Article 9, Section H, covered under this provision.
    2. Employees who work 20 hours per week or more, but less than full time shall receive a pro-rated benefit based upon hours worked compared to full time.


  1. Group Life Insurance

The Board shall pay the premium towards one (1) times the basic earning of Maine State Retirement Group Life and Accidental Death and Dismemberment to which the employee is entitled.



    1. In the case of injury covered under the Maine Workers' Compensation Act, an employee will receive from the employee's accumulated sick leave, the difference between the amount of the employee's regular net pay and the amount received as workers' compensation. The difference shall be charged on a pro rata basis to the employee's accumulated sick leave and shall cease when the employee's sick leave is exhausted. An employee shall refund to the Board any payments received in excess of those permitted herein.
    2. An employee on workers' compensation leave shall not accrue vacation, personal days or sick leave and shall not be eligible for any vacation or holiday pay while  on a workers' compensation leave. The employee, if a participant in the Board's health insurance program, may continue their participation, at the employee's expense.
    3. During any workers' compensation leave and while the employee retains a qualified right of reinstatement under this Agreement, the Board may periodically require the employee to submit a medical statement satisfactory to the Board from the employee's attending physician and/or to submit to a medical examination by a physician selected by the Board as a condition of continued leave and/or reinstatement, whichever is applicable.


  1. The School Board will offer a Section 125 Cafeteria Plan which will provide eligible employees the opportunity to pay for their share of the cost of health and dental insurance premiums on a pre-tax basis, subject to the terms of the Cafeteria Plan and limitations under the Internal Revenue Code.


  1. The School Board will offer as benefits under the Section 125 Plan through a party chosen by the Board a Health Flexible Spending Account and a Dependent Care Assistance Plan subject to the terms of the Cafeteria Plan and limitations under the Internal Revenue Code. The per account/per month administrative fee(s) shall be paid by the individual participant utilizing one or both of the separate benefit plans under the Cafeteria Plan.


ARTICLE 8 ASSOCIATION RIGHTS


  1. Association Business

Representatives of the Association shall be allowed time off, with pay, for mutually scheduled meetings with Board officials concerning Association business.

  1. Dues Deduction

    1. The Board agrees to deduct from the employee's salary money for local, state and national Association membership dues upon written authorization of the employees in not less than 20 equal installments. The deductions shall continue from year to year unless the employee gives written notice to the Superintendent and the Association during the first two weeks of September of the given year of membership termination. The effective date for termination of the deduction shall be the first payday after September 15.

    2. The Association agrees to indemnify and hold harmless including any penalties or legal costs the Board against all claims by reason of any action taken in making deductions of such dues and remitting the same to the Association.


ARTICLE 9 WORKING HOURS


  1. Work Schedules

This Article defines the normal hours of work, and establishes the basis for the calculation of overtime. It is not, however, a guarantee of hours of work per day, work period, month or year. It is not intended to establish a right to compensation in any form for time not worked except as specifically provided for in this Article.

B. Overtime and Compensatory Time:

    1. Time and one-half straight time rate shall be paid for authorized work performed  in excess of 40 hours per week, provided that paid bereavement leave shall be included in calculating the number of hours worked.
    2. Hourly wages due must be paid by the next pay period.
    3. When compensatory time is requested, it must be pre-approved by the immediate supervisor and may not accumulate for more than 5 days annually. Employees will schedule the use of their compensatory time during non-school days with prior approval of the employee's supervisor. Compensatory time may also be scheduled during school days if workloads permit and if adequate coverage is found with prior approval of employee's supervisor. Compensatory time off will not be granted if it will result in overtime coverage.
    4. Overtime shall be assigned on an equitable seniority rotation basis


  1. Call-Back Pay:

Beginning in the third year of this agreement, employees called back to work shall receive a minimum of four (4) hours pay for the work for which they are called back. This section applies only when call-back hours result in hours worked which are not annexed consecutively to one end or the other of the  working day or working shift and only if the employee has been punched out for at least fifteen (15) minutes. This section does not apply to scheduled overtime.


  1. No employee shall be disciplined for regularly scheduled work not completed by the end of their shift when the completion of this work is prevented by special or emergency types of work done at the request of their supervisor.


  1. During school vacation periods (winter, spring, and Christmas) a bus driver's starting time may be delayed to correspond with the trip schedule when the driver is scheduled to   take a school trip. During such vacation periods, a driver may elect not to work in excess of 40 hours per week subject to their supervisor's approval.


    1. Employees who work at banquets or other functions shall be paid at their regular rate of pay or at the rate of $20.45 per hour, whichever is greater. Work at banquets is defined as a function that starts outside of regular work hours. Functions shall be rotated among employees. One of the assigned employees must be from the building in which the function is held. Employees will be paid a  minimum of two (2) hours for work at banquets and other functions.
    2. Substitutes will be obtained by the Department Administrator.
    3. In the event that a full-time employee is unable to work, part-time employees shall be offered the temporary full-time position first, followed by the persons on the substitute list.


    1. Full year, full time employees shall normally be scheduled to work a forty (40) hour work week. The employee's work hours shall be assigned by the employee's supervisor.
    2. The work hours of school year employees and any employees working less than forty (40) hours per week will be assigned by the employee's supervisor.
    3. Food Service employees who work 35 or more hours per week shall be considered full time.



ARTICLE 10 MANAGEMENT RIGHTS


  1. The Board retains all rights and authority to manage and direct its employees, except as otherwise specifically provided for in this Agreement. Such rights shall include and shall not be limited to: the operation and management of the operations; the direction of the working forces; the right to hire, to discharge and discipline for just cause, to change assignments, to promote, to suspend; to reduce or expand the working forces; to transfer; to maintain discipline; to establish work schedules; to introduce new, improved or changed methods of work or facilities; to establish, change, combine or eliminate jobs, work, tasks, or positions. The Board's not exercising any function or right hereby reserved to it, or the exercising of any functions in a particular way, shall not be deemed a waiver of its rights to exercise such function or preclude the Board from exercising the  same in some other way not in conflict with the express provisions of this Agreement.


  1. The Association acknowledges the right of the Board to establish work rules with which each employee shall be familiar and responsible for compliance provided such work rules are not inconsistent with the provisions of this Agreement. These work rules shall be published and made available to all employees.


ARTICLE 11 MISCELLANEOUS PROVISIONS


  1. No employee shall be favored or discriminated against by either the Board or the Association because of their membership or non-membership in the Association. The parties to this Agreement agree that they shall not discriminate against any employee because of race, color, religion, national origin, marital status, gender, sexual orientation, genetic information, physical or mental disability, or age.


  1. The Board shall reimburse any employee for meals and other expenses according to the established Travel Reimbursement Procedure when such employee is on job related travel.


    1. Overnight Travel - Out of Town:

Paid time will be for eight (8) hours per day except for bus drivers where the paid time will be calculated at the point of start of trip until transportation is concluded for that day.

Meals will be reimbursed when an out-of-town trip exceeds eight (8) hours or is a continuation beyond the normal workday as outlined in Article 11C.



  1. ''Normal work day" as used in this Article shall mean eight (8) hours of continuous employment on any day during which the employee reports to work.


D. Uniforms

    1. Maintenance Mechanics

The Board shall provide, after the first 90 days of employment, up to four (4) sets of uniforms to those maintenance mechanic employees who choose to wear them. Uniforms shall be replaced as needed at the determination of the supervisor.

During work hours all maintenance mechanics shall be required to wear ANSI­ certified safety shoes approved by their Department Administrator and shall be reimbursed up to $400.00 annually upon submission of receipt of payment. Maintenance mechanics shall be reimbursed up to $400 annually for the purchase of outerwear (gloves, hats, coats, pants, etc.).


The Board shall pay up to $600.00 per school year to each employee towards the cost of uniforms, provided the employee presents receipts totaling $600.00 of such purchases to be reimbursed. Only $300 of the benefit will be reimbursed before January 31 provided the employee presents receipts. The balance will be reimbursed after February 1 provided the employee presents receipts. The employee will have the option to request that no Federal or State taxes be deducted from the reimbursement check at the time of reimbursement. The employee must understand that this benefit will be part of their taxable earnings on their W-2. Uniform guidelines will be established by the Department Administrator, after discussion with the bargaining unit.


Custodian shall be provided work shirts which shall be worn during work hours. During work hours, all custodians shall be required to wear ANSI-certified safety shoes approved by their Department Administrator and shall be reimbursed up to $400.00 annually upon submission of receipt of payment.


  1. Professional Development


    1. Upon written documentation of successful completion, the Board agrees to reimburse a full-time employee up to three (3) credit hours annually for the cost of course work earned in a planned degree or other program approved by the Superintendent in writing. Reimbursement for part time employees shall be prorated based on the number of regularly scheduled hours per. Reimbursement will be based upon the cost per credit hour at the University of Maine at Orono. Other reimbursable costs include texts, and activity and lab fees. These costs will be determined at the time of participation and shall be approved by the Superintendent. Anticipated use of this benefit shall be communicated in writing to the Superintendent prior to February 1, preceding the use of this benefit. If the course request is initiated by the employee, attendance does not count as hours worked and is without pay. If the course is required by the Superintendent, attendance shall be paid pursuant to the requirements of the Fair Labor Standards Act (FLSA).
    2. The Board will pay expenses incurred by employees who attend workshops approved in writing by the Superintendent in advance. If the workshop request is initiated by the employee, attendance does not count as hours worked and is without pay. If the workshop is required by the Superintendent, attendance shall be paid pursuant to the requirements of the Fair Labor Standards Act (FLSA).



ARTICLE 12 RETIREMENT BENEFIT


  1. All Employees:

    1. Retirement Plan

      1. Eligible employees may participate in a retirement plan set up with a company mutually agreed to by the bargaining unit and the Board. The Board will match regular employee's contributions up to 7% of gross wages, with employee's contributions to be paid through payroll deductions. The Board and the employee's contribution to go directly into the employee's account. Employees are fully responsible for any fees assessed to participants by the Plan and are responsible for choosing from among a number of investment options for the balances in their accounts. The withdrawal of funds is in accordance with federal regulations.
      2. Employees may make changes that affect the employer match to this retirement plan only once per year with notification of this change to the payroll office by February 1st of each year preceding the effective date of change of July 1.
      1. Upon retirement after no less than fifteen (15) consecutive years of employment an employee shall be paid for a maximum of twenty (20) days accrued sick leave. Upon retirement after no less than twenty (20) consecutive years of employment, an employee shall be paid for a maximum of thirty (30) days accrued sick leave.
      2. Notification of retirement plans must be given to the Business Manager prior to February 15 of the year in which the employee intends to retire. Failure to give timely notice of retirement plans may result in lack of funds for retirement benefit, and payment may be delayed.


ARTICLE 13 STRIKES AND SLOWDOWNS


The Association agrees that during the term of this Agreement neither it nor its officers or members will engage in, encourage, sanction, support, or suggest any (1) strikes, (2) slow­ downs, (3) mass absenteeism, (4) mass resignations, or (5) any other similar actions which would involve suspension of or interference with the normal work of the School System.


ARTICLE 14 SALARIES


  1. The salaries of all employees covered by this Agreement are set forth in Appendix A  attached to this agreement according to an employee's months of experience.

  2. Any contemplated pay adjustment for employees above the wage scale based on a change in responsibilities shall be agreed upon by the Association and the District.

  3. Salary Schedule. The salaries and effective dates of increases for employees shall be as follows:

    1. Experience increases for new employees shall be after 6 months of service. Thereafter experience increases for all employees shall be adjusted annually on the first day of July and employees who have one-half year or more of service on that date will be given credit for one year.

    2. Any Head Custodian or Maintenance Supervisor supervising three (3) or more employees shall receive an additional $4.60 per hour.

    3. Lead Custodian employees shall receive an additional $1.16 per hour.

  1. Longevity Pay. Employees at the top of the wage scale with 10 or more years' experience working in the Cape Elizabeth School District will be paid 1% of the base wage for the employee's classification multiplied by the employee's annual work hours.


ARTICLE 15 DURATION OF THE CONTRACT


  1. This Agreement constitutes the entire agreement between the parties for the term as to all matters subject to collective bargaining. No change, rescission, alteration or modification of this Agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association and endorsed in writing hereon.
  2. For any actively employed bargaining unit member, this Agreement shall be effective July 1, 2022 and shall expire on June 30, 2025.



ARTICLE 16  SAVINGS CLAUSE

If any provision of this Agreement is contrary to law, then such provision shall be valid only to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect.

CAPE ELIZABETH EDUCATION ASSN


CAPE ELIZABETH SCHOOL BOARD
by Michael Young (signature on file)
by Kimberly Carr (signature on file)
Dated:  6/17/2022
Dated: 6/17/2022 

APPENDIX A SALARY SCHEDULE

Custodian - 1st Shift

Custodian - 1st Shift 5% 5.15% 4.25%
Scale Year 2022-2023 2023-2024 2024-2025
0 experience $20.37 $21.42 $22.33
6 mos. $20.37 $21.42 $22.33
1 $20.45 $21.51 $22.42
2 $20.45 $21.51 $22.42
3 $20.61 $21.67 $22.59
4 $20.61 $21.67 $22.59
5 $20.72 $21.78 $22.71
6 $20.72 $21.78 $22.71
7 $20.80 $21.87 $22.80
8 $20.80 $21.87 $22.80
9 $20.90 $21.97 $22.90
10 $20.90 $21.97 $22.90
11 $21.00 $22.08 $23.02
12 $21.00 $22.08 $23.02
13 $21.21 $22.30 $23.25
14 $21.21 $22.30 $23.25
15 $21.41 $22.51 $23.47
16 $21.41 $22.51

$23.47

17 $21.62 $22.73

$23.70

18 $21.62 $22.73

$23.70

19 $21.87 $23.00

$23.98

20 $21.87 $23.00

$23.98

21 $22.07 $23.21 $24.19
22 $22.07 $23.21 $24.19
23 $22.29 $23.44

$24.44

24 $22.29 $23.44

$24.44

25+ $22.29 $23.44

$24.44

Longevity Wage Base $22.49 $23.65

$24.65


Custodian - 2nd Shift

Custodian - 2nd Shift 5% 5.15% 4.25%
Scale Year 2022-2023 2023-2024 2024-2025
0 experience $21.44 $22.55 $23.50
6 mos. $21.44 $22.55 $23.50
1 $21.53 $22.63 $23.60
2 $21.53 $22.63 $23.60
3 $21.68 $22.80 $23.77
4 $21.68 $22.80 $23.77
5 $21.80 $22.92 $23.89
6 $21.80 $22.92 $23.89
7 $21.87 $23.00 $23.98
8 $21.87 $23.00 $23.98
9 $21.97 $23.10 $24.08
10 $21.97 $23.10 $24.08
11 $22.07 $23.21 $24.19
12 $22.07 $23.21 $24.19
13 $22.29 $23.44 $24.44
14 $22.29 $23.44 $24.44
15 $22.48 $23.64 $24.64
16 $22.48 $23.64 $24.64
17 $22.70 $23.87 $24.88
18 $22.70 $23.87 $24.88
19 $22.94 $24.12 $25.15
20 $22.94 $24.12 $25.15
21 $23.15 $24.34 $25.38
22 $23.15 $24.34 $25.38
23 $23.36 $24.57 $25.61
24 $23.36 $24.57 $25.61
25+ $23.36 $24.57 $25.61
Longevity Wage Base $23.57 $24.79 $26.84

Bus Drivers

Bus Drivers 7% 5% 4%
Scale Year 2022-2023 2023-2024 2024-2025
0 experience $21.40 $22.47 $23.37
6 mos. $22.32 $23.44 $24.37
1 $22.32 $23.44 $24.37
2 $22.43 $23.55 $24.49
3 $22.43 $23.55 $24.49
4 $22.53 $23.66 $24.61
5 $22.53 $23.66 $24.61
6 $22.65 $23.783 $24.74
7 $22.65 $23.783 $24.74
8 $22.77 $23.91 $24.86
9 $22.77 $23.91 $24.86
10 $23.44 $24.62 $25.60
11 $23.44 $24.62 $25.60
12 $23.56 $24.74 $25.73
13 $23.56 $24.74 $25.73
14 $23.68 $24.86 $25.86
15 $23.68 $24.86 $25.86
16 $23.80 $24.99 $25.99
17 $23.80 $24.99 $25.99
18 $23.93 $25.12 $26.13
19 $23.93 $25.12 $26.13
20 $24.64 $25.87 $26.91
21 $24.64 $25.87 $26.91
22 $24.77 $26.01 $27.05
23 $24.77 $26.01 $27.05
24 $24.89 $26.13 $27.18
25+ $24.89 $26.13 $27.18
Longevity Wage Base $25.11 $26.37 $27.42


Maintenance Mechanics

Maintenance Mechanics 7% 5% 4%
Scale Year 2022-2023 2023-2024 2024-2025
0 experience $24.54 $25.76 $26.79
6 mos. $24.66 $25.90 $26.93
1 $24.66 $25.90 $26.93
2 $24.79 $26.03 $27.07
3 $24.79 $26.03 $27.07
4 $24.92 $26.17 $27.21
5 $24.92 $26.17 $27.21
6 $25.03 $26.28 $27.33
7 $25.03 $26.28 $27.33
8 $25.17 $26.42 $27.48
9 $25.17 $26.42 $27.48
10 $25.29 $26.56 $27.62
11 $25.29 $26.56 $27.62
12 $25.40 $26.67 $27.74
13 $25.40 $26.67 $27.74
14 $25.55 $26.83 $27.90
15 $25.55 $26.83 $27.90
16 $25.67 $26.95 $28.03
17 $25.67 $26.95 $28.03
18 $25.81 $27.10 $28.18
19 $25.81 $27.10 $28.18
20 $25.92 $27.21 $28.30
21 $25.92 $27.21 $28.30
22 $26.07 $27.37 $28.46
23 $26.07 $27.37 $28.46
24 $26.18 $27.49 $28.59
25+ $26.18 $27.49 $28.59
Longevity Wage Base $26.43 $27.75 $28.86


Food Service Worker

Food Service Worker 7% 5% 4%
Scale Year 2022-2023 2023-2024 2024-2025
0 experience $17.24 $18.10 $18.82
6 mos. $17.24 $18.10 $18.82
1 $17.42 $18.29 $19.02
2 $17.58 $18.46 $19.20
3 $17.77 $18.66 $19.41
4 $17.93 $18.83 $19.58
5 $18.09 $19.00 $19.76
6 $18.29 $19.20 $19.97
7 $18.45 $19.37 $20.14
8 $18.63 $19.56 $20.34
9 $18.80 $19.74 $20.53
10 $18.96 $19.91 $20.70
11 $19.14 $20.10 $20.90
12 $19.31 $20.28 $21.09
13 $19.47 $20.45 $21.27
14 $19.66 $20.64 $21.46
15 $19.83 $20.82

$21.65

16 $19.83 $20.82

$21.65

17 $19.83 $20.82

$21.65

18 $19.83 $20.82

$21.65

19 $19.83 $20.82

$21.65

20+ $19.83 $20.82

$21.65

Longevity Wage Base $20.00 $21.00 $21.84


Baker

Baker 7% 5% 4%
Scale Year 2022-2023 2023-2024 2024-2025
0 experience $18.39 $19.31 $20.09
6 mos. $18.39 $19.31 $20.09
1 $18.55 $19.48 $20.26
2 $18.75 $19.68 $20.47
3 $18.91 $19.85 $20.65
4 $19.09 $20.04 $20.84
5 $19.26 $20.22 $21.03
6 $19.42 $20.39 $21.21
7 $19.60 $20.58 $21.41
8 $19.77 $20.76 $21.59
9 $19.93 $20.93 $21.77
10 $20.12 $21.12 $21.97
11 $20.29 $21.30 $22.15
12 $20.47 $21.49 $22.35
13 $20.63 $21.66 $22.53
14 $20.80 $21.84 $22.71
15 $20.98 $22.03 $22.91
16 $20.98 $22.03 $22.91
17 $20.98 $22.03 $22.91
18 $20.98 $22.03 $22.91
19 $20.98 $22.03 $22.91
20+ $20.98 $22.03 $22.91
Longevity Wage Base $21.18 $22.23 $23.12