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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 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. One seniority list shall be maintained for this bargaining unit based upon the number of years of continuous employment within the unit.
      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 reduction in the work force, the lowest employee on the seniority list shall be terminated if the other employees are determined by 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 an 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
        1. Any non-probationary employee terminated due to a reduction in the work force shall retain the right of recall for eighteen (18) calendar months from the effective date of termination of employment to the first available position within the bargaining unit for which they are qualified as determined by the Superintendent.
        2. In the event of a recall, the Superintendent shall notify the bargaining unit representative 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 educational 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 eighteen (18) calendar months from the effective date of termination shall retain their seniority and all benefits accumulated prior to the termination and shall be place on the same wage step obtained prior to the termination.
        4. Bargaining unit shall not be subcontracted out of the bargaining unit except in an emergency or unusual situation, and after notification to the bargaining unit representative.
        5. Any derogatory material which is critical to employee's performance shall not be place in any personnel fill unless the employee has had the opportunity to review it and to rebut it if they so choose with forty-five (45) days of employee receipt of the material.
      4. EARNED PAID LEAVE
        1. Employees may use the first forty (40) hours of their contractual paid leave (sick, family, personal business leave) for absences for any purpose and the employee may choose which available leave to use. 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, 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.
      5. SICK LEAVE
        1. Upon hire, an employee will be granted fifteen (15) sick day and for each subsequent year of employment, each employee shall be granted fifteen (15) sick days on July 1st with full pay for personal illness, disability, or accident. Sick days may accumulate to a maximum of one hundred thirty-five (135) days. A sick day is equal to the standard number of hours an employee works in a typical work day.
        2. Sick Leave Bank
          1. The purpose of the sick leave bank is to provide income protection for members who, because of prolonged illness, have exhausted their accumulated sick leave benefits and are unable to return to work.
          2. The bak will be administered by a continuing committee composed of the Superintendent, the Business Manager, President of Association, and two (2) members 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 day is not arbitral.
          3. Each bargaining unit member who wishes to become a member of the sick leave bank shall contribute two (2) days of their accumulated sick leave to the bank each year until the bank is built up to a maximum of 150 days. When the bank drops below 100 days, it shall be replenished to 150 days according to the above procedure.
          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 their personal sick leave.
            2. Waited a period of five (5) days.
            3. Provided a doctor's certification when requested regarding their 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 application and approval, a member may draw a maximum of thirty (30) days from the sick leave bank in any one school year.
        3. In the event of absence of an employee for illness, disability, or accident in the excess of five (5) consecutive work days, the Superintendent may require the employee to submit to a medical examination by a physician referred to by the Board attesting to the employee's ability to return to work. Examination by any physician to which the employee is referred by the Board shall be at the Board's expense. The employee shall provide or cause to be provided a report of any examination to the Superintendent.
        4. Worker's Compensation
          1. In case of injury covered under the Maine Workers' Compensation Act, an employee will receive from the employee's accumulated sick leave the difference between the amount of the employee's net regular pay and the amount received as worker's compensation. The difference shall be charged on a pro rata basis to the employee's accumulated sick leave and shall cease when the employee's sick leave is exhausted. An employee shall refund to the Board any payments received in excess of those permitted herein.
          2. An employee on workers' compensation leave shall not accrue vacation, personal days or sick leave and shall not be eligible for any vacation or holiday pay while on a workers' compensation leave. The employee, if a participant in the Board's health insurance program, may continue their participation, at the employee's expense.
          3. During any workers' compensation leave and while the employee retains a qualified right of reinstatement under the Agreement, the Board may periodically require the employee to submit a medical statement satisfactory to the Board from the employee's attending physician and/or to submit to a medical examination by a physician selected by the Board as a condition of continued leave and/or reinstatement, whichever is applicable.
        5. Each employee shall be entitled to a yearly maximum of forty (40) hours of paid leave of absence for the purpose of caring for ill members of the employee's family - spouse, father, mother, son, daughter, sixteen (16) of those hours to be deducted from employee's sick leave.
        6. Upon retirement after no less than fifteen (15) consecutive years of employment in the Cape Elizabeth Schools, an employee shall receive a single, one-time payment equal to the employee's average rate of pay during the last year of service multiplied by the number days sick leave the employee has accrued, up to a maximum of twenty (20) days. Upon retirement after no less that twenty (20) consecutive years of employment in the Cape Elizabeth Schools, an employee shall receive a single, one-time payment equal to the employee's average rate of pay during the last year of service multiplied by the number of days sick leave the employee has accrued, up to a maximum of thirty (30) days. Notification of retirement plans must be given to the Superintendent prior to February 15 of the year in which the employee intends to retire. Failure to give timely notice of retirement plans may result in lack of funds for retirement benefit and payment may be delayed.
        7. The term "retirement" in this Article shall mean termination of employment for employees who meet the Maine Public Employees Retirement System requirements for retirement.
      6. BEREAVEMENT LEAVE AND TEMPORARY LEAVES OF ABSENCE
        1. 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, which the employee may elect to deduct a maximum of two (2) from the employee's accumulated sick leave, or personal days.
          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 which the employee may elect to deduct a maximum of two (2) days from the employee's accumulated sick leave or personal days.
        2. Personal Business days
          1. Each employee shall be entitled to two (2) personal business days. This leave shall be used only for matters of urgent personal business which cannot be conducted outside of the employee's normal work hours. Except in an emergency there shall be forty-eight (48) hours' prior notification to the Principal and/or Administrator. 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.
        3. Jury Duty
          1. All employees shall be granted with pay the time necessary for appearances in any legal proceeding connected with the employee's employment or wit the school system or in any other legal proceedings if the employee is required by law to attend. Any payments received by an employee for attendance at any such proceeding shall be transmitted to the Board, except that an employee shall not be required to transmit to the board any payment received for travel.
        4. Holidays
          1. The following are paid holidays:
            • Labor Day
            • Indigenous Peoples' Day
            • Veterans' Day
            • Thanksgiving Day
            • the day after Thanksgiving
            • Christmas Day
            • New Year's Day
            • Martin Luther Kind Jr. Day
            • Presidents' Day
            • Patriots' Day
            • Memorial Dau
            • Juneteenth (if in school)
        5. Vacation Pay
          1. In lieu of actual vacation days, Educational Technicians will be paid for the number of vacation days each year according to the following schedule:
            1. In the second year of this agreement, employees who have completed though five (5) years of service in the Cape Elizabeth School Department shall receive two vacation days. Employees who have completed more than five (5) years and through ten (10) years of service shall receive three (3) vacation days. Employees sho have completed more that ten (10) years of service shall receive four (4) vacation days. 
            2. In the thirds year of this agreement, employees who have completed through five (5) years service in the Cape Elizabeth School Department shall receive five (5) vacation days. Employees who have completed more than five (5) years and through ten (10) years of service shall receive six (6) vacation days. Employees who have completed more than ten (10) years of service shall receive seven (7) vacation days.
      7. INSURANCE BENEFITS
        1. Medical Insurance:
          1. The Board shall make available a comprehensive group health insurance program for eligible

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