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CBA & THE CEEA/ED TECH II & ED TECH III

COLLECTIVE BARGAINING AGREEMENT

between the 

CAPE ELIZABETH SCHOOL BOARD

and the

CAPE ELIZABETH EDUCATION ASSOCIATION

EDUCATIONAL TECHNICIANS II AND

EDUCATIONAL TECHNICIANS III

BARGAINING UNIT

July 1, 2022 to June 30, 2025

This agreement made and entered into pursuant to Maine Public Employees Labor Relations Law Chapter 9A, Title 26 MRSA, as amended, by and between the Cape Elizabeth Association, hereinafter referred to as the Association.

ARTICLE I

  1. RECOGNITION
    1. The Board hereby recognizes the Cape Elizabeth Education Association as the sole and exclusive bargaining agent for a bargaining unit compose of Educational Technicians II and Educational Technicians III. Substitutes and long-term substitutes are excluded from this agreement.
    2. Definitions:
      1. The term "Educational Technician II" and "Educational Technician III" shall mean Educational Technician II and Educational Technician III at Pond Cove, Middle School, and High School.
      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 MRSA subsection 962(6).
      5. The term "Principal" shall mean school building principal.
      6. The term "grievant" shall mean the employee, employees, or the Association making the complaint(s).
      7. The term "school year" shall mean the teacher employment year established by the School Board pursuant to statute.
      8. The term "Superintendent" shall mean the Superintendent of Schools of the Cape Elizabeth School Department, Cape Elizabeth, Maine.
    3. The Board hereby reaffirms recognition of the Association and agrees that where there is a valid collective bargaining agreement in effect, no question of representation may be raised except during the period not more than 90 nor less than 60 days prior to the expiration date of the agreement. 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. GRIEVANCE PROCEDURE
    1. 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.
    2. 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, and legal holidays.
      3. "Employees", when used in this Article, shall mean all personnel in the bargaining unit.
    3. 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 and systems coordinator 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 employees(s) and/or the Association to the Principal and/or Director of Special Education. Such formal written grievance shall be presented within twenty (20) days after the even giving rise to the grievance becomes know the the grieving employee or the Association.
        2. Within five (5) days after receipt of the written grievance, the grieving party and the Principal and/or Director of Special Education, shall meet in an effort to resolve the grievance. Following this meeting, if a resolution is not achieved, the Principal and/or Director of Special Education, 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 may submit the grievance in writing to the Superintendent within five (5) days of receipt of the Principal's and/or Director of Special Education's written answer. The Superintendent shall within five (5) of receipt of said grievance schedule a meeting with the grievant 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 Association and the grievant.
      4. Level Four
        1. If the grievance is not resolved at Level Three, the grievant and/or the Association, may 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 ten (10) days after the meeting, a written decision shall be presented to the grievant with a copy of the Association.
      5. Level Five
        1. If the grievance is not resolved at Level Four, then the Association may within ten (10) days of receipt of the decision, submit the grievance to arbitration by requesting the American Arbitration Association 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 my be appealed pursuant to law.
        3. The costs for the services of the arbitrator shall be borne equally by the Board and the Association.
  3. RIGHTS OF EMPLOYEES
    1. For information only: Nothing contained herein shall be construed to deny or restrict any employee such rights as they may have under the State of Maine or United States of America Constitutions.
    2. No employee shall be disciplined or demoted without just cause. No employee after serving a probationary period of eighteen (18) 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.
    3. 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

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