Skip to main content

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.

ARTICLE 3 RIGHTS OF EMPLOYEES

 

A. No employee shall be disciplined without just cause. No employee after serving a probationary period of six (6) 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. Administration retains the right to place material in the personnel file, even if the employee refuses to acknowledge the material.

D. Seniority, RIF 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 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
      5. Groundskeeper
  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 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.
  3. Recall (RIF)
    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.
  4. 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 and possessing the appropriate qualifications. The Board, in its judgement, will hire the best qualified candidate from the pool of internal and external candidates. 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 Superintendent.

  5. 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.

 

Back to top