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ADMINISTRATIVE SPECIALISTS and EDUCATIONAL TECHNICIANS I (2025-2028)

COLLECTIVE BARGAINING AGREEMENT

between the

CAPE ELIZABETH SCHOOL BOARD

and the

CAPE ELIZABETH EDUCATION ASSOCIATION

ADMINISTRATIVE SPECIALISTS

and EDUCATIONAL TECHNICIANS I

BARGAINING UNIT

July 1, 2025 to June 30, 2028

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

A. The Board hereby recognizes the Cape Elizabeth Education Association as the sole and exclusive bargaining agent for a bargaining unit composed of Administrative Specialists and Educational Technicians I. All other Cape Elizabeth School District employees are excluded from this agreement.

B. 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 Specialist" shall mean the CEHS Bookkeeper Administrative Specialist, CEHS Main Office Administrative Specialist, CEHS Registrar Administrative Specialist, CEMS Registrar/Main Office Administrative Specialist, CEMS Bookkeeper Administrative Specialist, PCES Bookkeeper Administrative Specialist, PCES Registrar Administrative Specialist, and the district-wide Athletics Administrative Specialist.
  9. The term "Superintendent" shall mean the Superintendent of Schools of the Cape Elizabeth School Department, Cape Elizabeth, Maine.

C. 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

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. 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, traditional closure days, and legal holidays.
  3. "Employees", when used in this Article, shall mean all personnel in the bargaining unit.

C. Procedure

  1. Level One
    1. In the event that an employee believes there is a basis for a grievance, they may first discuss the situation with their 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
    1. If the grievance is not resolved at Level Two, the grievant and/or the Association must 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.
    2. Level Four
      1. If the grievance is not resolved at Level Three, the grievant and/or the Association must 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.
    3. Level Five
      1. If the grievance is not resolved at Level Four then the Association must, within ten (10) days of receipt of the decision, submit the grievance to arbitration by requesting the American Arbitration Association or the Labor Relations Connection 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

 

A. 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.

B. 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.

C. Seniority, Termination and Recall

  1. Seniority
    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 lists shall be maintained for employees according to the following job classifications:
      1. Administrative Specialists 
      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 they are 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.
    4. 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.
    5. 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 they so choose 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. A leave request for a non-emergency purpose must be provided to the employee’s supervisor forty-eight (48) hours prior to the date of the request. 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

 

A. Each employee covered by this bargaining agreement shall be granted seventeen (17) sick leave days with full pay for personal and/or immediate family illness, disability or accident on the first day of the contract year. An employee hired after the start of the contract year will receive a prorated sick leave allocation based upon the month of hire. Unused sick leave shall be accumulated from year to year up to one hundred thirty-five (135) days. Note: Under this provision, leave may be granted to an employee for the purposes of caring for an ill spouse or domestic partner who has given birth to a newborn.

B. 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 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) or up to two (2) days of their 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 their personal sick leave.
    2. Provided a doctor's certification when requested regarding their 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.

C. 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.

Nothing in this Article shall prevent the Superintendent from investigating and requiring certification of illness in cases of suspected abuse of the sick leave benefits in this contract. Notification shall be provided to the employee in writing before initiation of any formal disciplinary procedure.

D. 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 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.

ARTICLE VI  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, 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.

B. Personal Business days 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. Accrued but unused personal days shall not be paid out upon separation.

C. Holidays for Administrative Specialists and Educational Technician Is and Vacations for Administrative Specialists

  1. The following are paid holidays for Administrative Specialists:
    1. Independence Day
    2. Labor Day
    3. Indigenous Peoples’ Day
    4. Veterans' Day
    5. Thanksgiving Day
    6. the day after Thanksgiving
    7. Christmas Day
    8. New Year's Day
    9. Martin Luther King, Jr. Day
    10. Presidents' Day
    11. Patriots' Day
    12. Memorial Day
    13. Juneteenth Day
  2. The following are paid holidays for Educational Technician Is: 
    1. Labor Day 
    2. Indigenous Peoples’ Day
    3. Veterans' Day
    4. Thanksgiving Day
    5. the day after Thanksgiving
    6. Christmas Day
    7. New Year's Day
    8. Martin Luther King, Jr. Day
    9. Presidents' Day
    10. Patriots' Day
    11. Memorial Day
    12. Juneteenth Day (if in school)

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

D. Vacations For Administrative Specialists

  1. Administrative Specialists with less than seven (7) years of service in the Cape Elizabeth School Department or credited service shall receive ten (10) days of paid vacation; Administrative Specialists with seven (7) through the completion of twelve (12) years of service in the Cape Elizabeth School Department or credited service shall receive fifteen (15) days; and Administrative Specialists who have more than twelve (12) years of service in the Cape Elizabeth School Department or credited service shall receive twenty (20) days.
  2. Vacations shall be scheduled during school vacations or upon approval of the Principal, with at least forty-eight (48) hours advanced notice of the request provided to the principal.
  3. Accrued but unused vacation days will be paid out upon separation from employment with the Cape Elizabeth School Department.

E. 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 WAGES.
  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.

F. 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 (G) of this Article.

G. Storm Days/Early Dismissal:

  1. Employees who are affected by a delayed arrival and/or sent home early due to closure of school due to weather, fire or other conditions will be paid for their full regular workday. In the event that a scheduled school day is cancelled due to weather or other conditions and is not made up at the end of the school year, employees will be paid up to the number of contracted days in a normal work year.
  2. An employee may request permission from the building administrator to work on a closure of school day in order to complete a project. When permission is granted, payment will be for actual hours worked.

H. Jury Duty:

All employees shall be granted with pay, on days they would otherwise be working, the time 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. An employee is not required to return to work if any legal proceeding, as described above, ends before the end of their typical work day.

 

 

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