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CAPE ELIZABETH EDUCATION ASSOCIATION BUS DRIVERS, CUSTODIANS, FOOD SERVICE, AND MAINTENANCE MECHANIC BARGAINING UNIT July 1, 2025 to June 30, 2028

COLLECTIVE BARGAINING AGREEMENT

between the

CAPE ELIZABETH SCHOOL BOARD

and the

CAPE ELIZABETH EDUCATION ASSOCIATION

BUS DRIVERS, CUSTODIANS, FOOD SERVICE, AND MAINTENANCE MECHANIC BARGAINING UNIT

July 1, 2025 to June 30, 2028

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, groundskeeper, 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 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 must 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
    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 appropriate administrator. 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 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
    1. If the grievance is not resolved at Level Two, the grievant and/or the Association must present the grievance in writing to the Superintendent within five (5) days after receipt of the decision in order to maintain the grievance. 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.
  4. 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 after receipt of the decision in order to maintain the grievance. 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.
  5. Level Five:
    1. If the grievance is not resolved at Level Four then the Association, within ten (10) days of receipt of the decision must submit the grievance to arbitration by requesting the American Arbitration Association or the Labor Relations Connections to utilize its procedures for the selection of an arbitrator pursuant to its rules and procedures in order to maintain the grievance. 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 arbitrator has no power to add to, subtract from, or otherwise rewrite the 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.

 

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