draft CAPE ELIZABETH EDUCATION ASSOCIATION/MEA/NEA (2026-2029)
COLLECTIVE BARGAINING AGREEMENT
Between the
CAPE ELIZABETH SCHOOL BOARD
and the
CAPE ELIZABETH EDUCATION ASSOCIATION/MEA/NEA
2026-2029
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 2026-2029, 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.
1-17 “Proration of Salary and Benefits” - If a teacher is employed less than full time, the teacher’s salary and benefits will be prorated based upon the percentage of full time employment.
1-18 “FTE” - Whenever the term “FTE” is used, it shall mean “Full Time Equivalent”. A full-time teacher is an FTE of 1.0. FTEs are prorated based on time worked. Example: A half time teacher is a .5 FTE.
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 bargaining unit composed of all certified and licensed professional employees in the Cape Elizabeth schools, provided that the term "employees" as used herein shall not include Superintendent, Assistant Superintendent, Principals, Assistant Principals, Dean of Students, Director of Instructional Support, Director of Teaching and Learning, Educational Technicians, and Athletic Administrator.
2-2 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 - ASSOCIATION RIGHTS
4-1 Representatives of the Association shall be allowed time off, with pay, for mutually scheduled meetings with the Board officials concerning Association business.
4-2 The Association shall have the right to use faculty lounge bulletin boards for the posting of notices relation to Association business.
4-3 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 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 48 hours in advance, and the Association shall reimburse the board for any extra costs required by such use.
ARTICLE V - PROFESSIONAL GRIEVANCE PROCEDURE
5-1 DEFINITION
5-1-1 A grievance shall mean a dispute as to the meaning or application of any of the provisions of this Agreement.
5-2 PROCEDURE
5-2-1 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.
5-2-2 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.
5-2-2-1 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.
5-2-3 Level Three
If the grievance is not resolved at Level Two, the grievant, in order to maintain the grievance, must 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.
The Association may submit a grievance directly to Level Three when the grievance pertains to a decision made by the Superintendent.
5-2-4 Level Four
If the grievance is not resolved at Level Three, the grievant, in order to maintain the grievance, must 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.
5-2-5 Level Five
If the grievance is not resolved at Level Four, 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, in order to maintain the grievance, must within ten (10) days after receipt of the decision at Level Four, 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 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.
5-2-5-1 The cost for the services of the arbitrator shall be shared equally by the parties involved.
5-2-5-2 The Superintendent shall be notified three (3) days in advance of names of teachers who shall be in attendance at any arbitration hearing.
5-3 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.
5-3-1 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.
5-3-2 "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.
5-3-3 Meetings on grievances shall not be open to the public.
ARTICLE VI - DISCIPLINARY PROCEDURE
6-1 No teacher on continuing contract shall be non-renewed without just cause.
6-2 No teacher shall be disciplined, reprimanded, or reduced in rank or compensation without just cause.
6-3 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.
6-4 The provisions of this Article do not apply 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.
6-5 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.