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ED TECH II & ED TECH III (2025 - 2026)

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, 2025 to June 30, 2028

This 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 I - RECOGNITION

A. The Board hereby recognizes the Cape Elizabeth Education Association as the sole and exclusive bargaining agent for a bargaining unit composed of Educational Technicians II and Educational Technicians III. All other Cape Elizabeth School District employees are excluded from this agreement. 

B. Definitions.

  1. The term "Educational Technician II" and "Educational Technician III" shall mean Educational Technicians II and Educational Technicians III at Pond Cove, Middle School, 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 M.R.S.A. 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.

C. 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.

ARTICLE II - 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. 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, or the Association itself. The Association shall identify, to the extent it is aware, all impacted employees covered under the grievance.

C. Procedure

1. Level One 

In the event that an employee believes there is a basis for a grievance, s/he 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

a. 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 Principal and/or Director of Special Education. Such formal written grievance shall be presented within twenty (20) days after the event giving rise to the grievance becomes known to the grieving employee or the Association.

b. 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

If the grievance is not resolved at Level Two, the grievant and/or the Association may must 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 in order to maintain the grievance. The Superintendent shall within five (5) days of receipt of said grievance meet with the grievant in an effort to resolve or adjust the grievance. The Superintendent shall, within seven (7) days of the meeting, render a decision in writing to the Association and the grievant. The Association may submit a grievance directly to Level Three when the grievance pertains to a decision made by the Superintendent.

4. Level Four

a. 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 of 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.

b. 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

a. If the grievance is not resolved at Level Four, in order to maintain the grievance then the Association must, within ten (10) days of receipt of the decision, submit the grievance to arbitration by requesting the American Arbitration Association or the Labor Relations Connection to utilize their 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.

b. 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 may be appealed pursuant to law.

c. The costs for the services of the arbitrator shall be borne equally by the Board and the Association.

ARTICLE III - RIGHTS OF EMPLOYEES

A. 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.

B. 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.

C. Seniority, Termination and Recall

  1. Seniority

a. 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.

b. One seniority list shall be maintained for this bargaining unit based upon the number of years of continuous employment within the unit.

II. Reduction in Force (RIF)

a. "Reduction in Force" (RIF) shall mean the termination of employment of an employee when changes in local conditions warrant the elimination of the position.

b. 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 to possess the necessary authorization, 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.

c. An employee who is RIF'd shall receive at least 30 calendar days written notice.

d. 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.

e. An employee who has been terminated shall be eligible to continue in any of the group insurance plans pursuant to COBRA regulations.

3. Recall

a. 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 s/he is qualified as determined by the Superintendent

b. 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.

c. 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 placed on the same wage step obtained prior to the termination.

D. Bargaining unit work shall not be subcontracted out of the bargaining unit except in an emergency or unusual situation, and after notification to the bargaining unit representative.

E. Any derogatory material which is critical to employee's performance shall not be placed in any personnel file unless the employee has had the opportunity to review it and to rebut it if s/he so chooses within forty-five (45) days of employee receipt of the material.

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