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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.

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.

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. A leave request for a non-emergency purpose, such as for recreation or vacation like activities, must be provided to the employee’s supervisor forty-eight (48) hours prior to the date of the request. 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 covered by this bargaining agreement shall be granted sixteen (16) 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 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. In the event of absence of an employee for illness, disability, or accident in excess of four (4) 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:
    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 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.

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

Employees are entitled to two (2) personal business days, with prior approval. Except in an emergency, employees must secure prior approval forty-eight (48) hours beforehand from the Department Administrator. Requests for personal business days shall be submitted on an electronic form provided by the Business Office. Approval for personal days will not be granted under the following circumstances:

(1) during the first three days of the school year and the last three days;

(2) immediately preceding or following a holiday;

(3) for vacation or business which can be conducted outside the normal school day; or

(4) if the employee absence would negatively impact operations.

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. Any unused personal days are not paid out upon separation of employment.

2. Food Service Employees are entitled to two (2) personal business days, with prior approval. Except in an emergency, employees must secure prior approval forty-eight hours (48) beforehand from the Department Administrator. Requests for personal business days shall be submitted on an electronic form provided by the Business Office. Approval for personal days will not be granted under the following circumstances:

(1) during the first three days of the school year and the last three days;

(2) immediately preceding or following a holiday;

(3) for vacation or business which can be conducted outside the normal school day; or

(4) if the employee absence would negatively impact operations.

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. Any unused personal days are not paid out upon separation of employment.

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:
      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. President's Day
      11. Patriots' Day
      12. Memorial Day
      13. Juneteenth Day

2. School year only employees will receive the following paid holidays:

      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. President’s Day
      10. Patriots’ Day
      11. Memorial Day
      12. Juneteenth Day (if school is still in session)

3. When an employee works on a holiday with prior approval from their Department Administrator, 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/Food Service/Custodians/Maintenance
    1. Paid vacation days will be available according to the following schedule:
Upon Employment 5 days
After 1 year 5 days for the year
After 2 years 10 days each year
After 5 years 15 days each year
After 10 years 20 days each year

(b) Vacation days must be used during the contract year following the year earned. Vacation requests up to five (5) days require forty-eight hours written notice to the Department Administrator or designee and require written approval, based upon workloads and available coverage, by the Department Administrator or designee.

Vacation requests over five (5) days require a two-week written notice to the Department Administrator or designee and require written approval, based upon workloads and available coverage, by the Department Administrator or designee.

(c) Up to five (5) unused vacation days, due to being requested to work by administration during that year, will be carried over to be used the following contract year.

2. 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. Vacations shall be credited at the completion of the employee’s anniversary date of hire on January 1st or July 1st whichever comes first.

E. SCHOOL CLOSING — YEAR-ROUND EMPLOYEES

  1. 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 may request work assignments in order to make up the missed day(s). It is understood that such additional work assignments may not be available.
    2. Designated employees required for operations, as determined by the department supervisor, shall report to work. The employee will be paid 1.5 times their normal daily rate only for the hours actually worked, unless the employee elects to use available vacation or compensatory time. Undesignated employees can elect to use available vacation, compensatory time, or an unpaid day.
    3. To the extent necessary due to weather-related road conditions such as a snow storm, a designated 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.

  2. SCHOOL CLOSING - SCHOOL YEAR EMPLOYEES 

    1. 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 may request work assignments in order to make up the missed day(s). It is understood that such additional work assignments may not be available.
      2. Designated employees required for operations, as determined by the department supervisor, shall report to work. The employee will be paid 1.5 times their normal daily rate only for the hours actually worked, unless the employee elects to use available vacation or compensatory time. Undesignated employees can elect to use available vacation, compensatory time, or an unpaid day.
      3. To the extent necessary due to weather-related road conditions such as a snowstorm, a designated 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.
  3. 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.
  4. 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).
  5. Any member of an Armed Forces Reserve Unit or National Guard Unit shall be allowed time off pursuant to State and Federal Law.
  6. Persons called to jury duty shall be paid the difference between jury duty pay and their regular salary.

 

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