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ED TECH II & ED TECH III (2025 - 2028)

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.

ARTICLE IV - PAID LEAVE

A. Earned Paid Leave

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. A leave request for a non-emergency purpose must be provided to the employee’s supervisor forty-eight (48) hours prior to the date of the request. 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.

B. Maine Paid Family Medical Leave

Within six months after implementation of the Paid Family Medical Leave (MPFML) program, the parties agree that the parties will - upon request from the other party - bargain over issues related to the state’s implementation of the benefits associated with the program. If the Board is considering a change in coverage under MPFML, the Board will notify the Association, in writing, and upon request will bargain over any impact of the proposed change with the Association prior to implementation.

The Association agrees that employees covered by this agreement shall pay one half of one (1) percent of the premium associated with MPFML.

ARTICLE V - SICK LEAVE

A. Upon hire, an employee will be granted seventeen (17) sick days and for each subsequent year of employment, each employee shall be granted seventeen (17) sick days on July 1st with full pay for personal and/or family 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.

B. 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 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 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.

C. In the event of absence of an employee for illness, disability, or accident in excess of three (3) 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.

D. Workers 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 workers' 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 this 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.

ARTICLE VI  - 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, which the employee may elect to deduct a maximum of two (2) days 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.

B. Personal Business days

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

C. Jury Duty

All employees shall be granted with pay, on days they would otherwise be working, the time necessary for appearances in any legal proceeding connected with the employee's employment or with 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. An employee is not required to return to work if any legal proceeding, as described above, ends before the end of their typical work day.

ARTICLE VII - INSURANCE BENEFITS

A. Medical Insurance:

  1. The Board shall make available a comprehensive group health insurance program for eligible employees. Entitlement applies to those belonging to the Cape Elizabeth group.
  • MEA Choice Plus
  • MEA Standard Plan
  • MEA Standard Core
  • MEA Standard Basic
  1. The Board will contribute according to the following schedule towards the cost of a health insurance plan based upon an employee's eligibility:
  • 86% of the current year's rates of the MEA Choice Plus Plan
  1. Employees who work 17.5 hours per week or more, but less than full time (35 hours) shall receive a pro-rated benefit based upon hours worked compared to full time.
  2. Employees who work fewer than 17.5 hours per week shall not be eligible for Board contribution to health insurance benefits. If the Board's provider allows, such employees may purchase health insurance by payroll deduction as part of the Board's group by paying 100% of the premium cost.
  3. Spouses of employees eligible for health insurance benefits through their employer will not be eligible for coverage.
  4. Cash-in-Lieu of Health Insurance:

An employee may voluntarily elect to withdraw from their existing health insurance coverage offered by the School Board. For such employees the board, as an alternative, will contribute $3,000.00 to be disbursed through the payroll process. To receive this benefit the employee must elect this option during the annual benefit open enrollment period for the subsequent contract year.

This incentive will increase from $3,000 to $5,000 in year two of this agreement if three or more employees in the Ed Tech bargaining unit move off the district’s insurance plan during open enrollment (May of 2026). If this condition is met in the second year, the cash-in-lieu amount will remain the same at $5000 for year three of the agreement.

This benefit will be administered in accordance with all applicable provisions of the IRS Code and the Board's Section 125 plans and is a taxable benefit that does not qualify for MainePERS. This benefit will be prorated over the course of the year according to the employee's contract period in the regular paycheck and not as a one-time distribution. Employees who currently have district health coverage and are employed less than full-time shall have their benefit prorated to their proportion of full-time employment. New hires that elect to not be covered by the district health insurance plan will also be eligible for the benefit. If an employee desires to reinstate coverage during the contract year due to a qualifying life event as determined by the Internal Revenue Code, Section 125, the benefit will be terminated as of the first month of health coverage. In order to be eligible for this cash-in-lieu of health insurance benefit, for a particular school year, during open enrollment for that year the employee must sign and return to the School Board a statement attesting that employee, and all other individuals for who the employee reasonably expects to claim a personal income tax exemption for each tax year that begins or ends during the upcoming school year (“tax family”), will have minimum essential health insurance coverage under another employer’s group health plan, other than the Town of Cape Elizabeth or the Cape Elizabeth School Department, (such as the employee’s spouse).

Notwithstanding the forgoing attestation by an employee, no cash in lieu payment will be made to an employee if the School Board knows or has reason to know that the employee or any other member of the employee’s expected tax family does not have or will not have coverage under another employer’s group health plan during the school year in question. The School Board reserves the right in its sole discretion to require additional documentation of other group health insurance coverage from the employee, such as a certificate of coverage from the other employer’s group health plan, in order for an employee to be eligible for cash in lieu. Employees will be required to provide a new, signed attestation statement each year during open enrollment in order to be eligible for a new cash in lieu payment.

Married couples who both work for the Cape Elizabeth School Department who currently use this benefit can continue to do so. All others are not eligible for this benefit.

B. Group Life Insurance:

The Board shall pay the premium towards $10,000.00 or the first $10,000.00 of any amount of Maine State Retirement System Group Life and Accidental Death and Dismemberment insurance to which the employee is entitled as a participating member of the Maine State Retirement System.

C. Dental Insurance:

The Board agrees to pay 86% of the single plan per year for each year of this contract towards the cost of a group dental plan consisting of the Northeast Delta Dental Plan, provided that the Board reserves the right to institute a new program of insurance providing benefits are substantially equal to or superior to these referred to herein. Entitlement applies to those belonging to the Cape Elizabeth group who work over seventeen and one-half (17.5) hours per week. Employees who work 17.5 hours per week or more, but less than full time (35 hours) shall receive a pro-rated benefit based upon hours worked compared to full time.

D. Section 125:

  1. The School Board will offer a Section 125 premium-offset plan which would provide a tax-sheltered opportunity for employees to pay for health and dental insurance premiums.
  2. The School Board will offer as benefits under the Section 125 Plan through a party chosen by the Board a Medical Care Reimbursement Plan and a Dependent Care Reimbursement Plan. The per account/per month administrative fee(s) shall be paid by the individual participant utilizing one or both of the separate benefit plans under the Cafeteria Plan.

    ARTICLE VIII - ASSOCIATION RIGHTS

    A. Association Business

    1. Representatives of the Association shall be allowed time off, with pay, for mutually scheduled meetings with Board officials concerning Association business.
    2. The Association shall have the right to use faculty lounge bulletin boards for the posting of notices relating to Association business.
    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 that 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 at least 48 hours in advance, and the Association shall reimburse the board for any extra labor costs required by such use.

    B. Dues Deduction

    1. The Board agrees to deduct from the employee's salary money for local, state and national association membership dues upon written authorization of the employees in not less than 20 equal installments. The deductions shall continue from year to year unless the employee gives written notice to the Superintendent and the Association during the first two weeks of September of the given year of membership termination. The effective date for termination of the deduction shall be the first payday after September 15.
    2. The Association agrees to indemnify and hold harmless including any penalties or legal costs the Board against all claims by reason of any action taken in making deductions of such dues and remitting the same to the Association.

     

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