The Board of School Trustees
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AGREEMENT
BETWEEN
THE BOARD OF SCHOOL TRUSTEES
OF THE VIGO COUNTY SCHOOL CORPORATION
AND
VIGO COUNTY SCHOOL CORPORATION CUSTODIAL AND MAINTENANCE
ASSOCIATION
JANUARY 1, 2014 – DECEMBER 31, 2014
This Agreement entered into this ____ day of ______, 2013, by and between the Board of School Trustees of the Vigo County School Corporation and Custodial and Maintenance Association.
WITNESSETH:
That in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: TABLE OF CONTENTS
ARTICLE PAGE
I. Definitions 1
II. Recognition 3
III. Contract Procedures 3
IV. Association Rights 5
V. Communication 9
VI. Personnel Files 10
VII. Public Employees’ Retirement Fund 10
VIII. Superintendent’s and Board’s Approval for Employment 11
IX. Supervision of Personnel 11
X. Duties of Custodians 11
XI. Vacations 12
XII. Holidays 15
XIII. Retirement of Employees (Severance Pay) 16
XIV. Grievance Procedures 18
XV. Wage Classification 21
XVI. Work Week 21
XVII. Adverse Weather Conditions 22
XVIII. Absence and Leaves 22
XIX. Funeral Leave 26
XX. Change of Assignment 27
XXI. Hours of Work and Overtime 28
i TABLE OF CONTENTS
ARTICLE PAGE
XXII. New Personnel 30
XXIII. Paydays for Personnel 31
XXIV. Discharge of Personnel 31
XXV. Heating Buildings 33
XXVI. Health and Safety 34
XXVII. Vacancies 35
XXVIII. Layoff-Recall 40
XXIX. Compensation 43
XXX. Insurance 45
XXXI. Board Rights 48
XXXII. Term of Agreement 49
Appendix A – Hourly Wage Schedule 50
Appendix B – Sick Leave Bank Criteria 51
Appendix C – Grievance Form 53
ii ARTICLE I
DEFINITIONS
A. The bargaining unit is defined as:
All the employees of the Vigo County School Corporation within the custodial department, stockroom/delivery department, and maintenance department in the positions identified by the following numerical classifications and titles:
Custodial Department
Classification 1 - Custodian I (Day Shift) Custodian II (Evening Shift) Custodian III (Night Shift) Classification 2 - Head Custodian (Day Shift) Head Custodian (Evening Shift) *Classification 3 - Fireman/Custodian
Stockroom/Delivery
Classification 1 - Stockroom/Delivery Classification 2 - Warehouseman
Maintenance Department
Classification 1 - Maintenance Classification 2 - Mechanic Classification 3 - Maintenance Assistant
B. Employee
The term “employee(s)” when used hereinafter in this Agreement shall refer to all employees in the bargaining unit.
* The parties have agreed to form a study committee to review the job classification of “Fireman/Custodian” position and the issues arising from the School Corporation eliminating that position in some schools. Both the Association and the School Corporation may appoint up to three (3) employees to this study committee to study issues and to make a report to next year’s bargaining team. In addition to those appointments, the ISTA UniServ Director and the School Corporation attorney may attend the meetings.
1 C. Employer
The term “Board”, “School Corporation”, “employer”, or “school employer” when used hereinafter in this Agreement shall refer to the Board of School Trustees of the Vigo County School Corporation and any person(s) authorized to act on its behalf in dealing with its employees.
D. Association
The term “Association” when used hereinafter in this Agreement shall refer to Vigo County School Corporation Custodial and Maintenance Association and any person(s) authorized to act on its behalf.
E. Parties
The term “parties” when used in this Agreement shall refer to the Board and Association.
F. Gender
References to the male gender include the female gender.
G. Unit Seniority
The term “unit seniority” when used, hereinafter, in this Agreement shall be defined as the length of continuous service that an employee has been employed within the bargaining unit commencing with the first day of work as a member of the bargaining unit and shall include time worked with any corporation reorganized into this Corporation. If two (2) or more employees have the same amount of time, a random draw will determine the most senior.
H. Classification Seniority
The term “classification seniority” when used hereinafter in this Agreement, shall be defined as the amount of time that an employee has been employed within a given classification commencing with the first day of work within the classification and shall include time worked with any corporation reorganized into this school corporation, provided, however, that continuous service within the bargaining unit has not been broken nor employment terminated. An employee may hold seniority in more than one (1) classification, but may accumulate seniority in only one (1) classification at a time. If two (2) or more employees have the same amount of time, the employee with the greatest unit seniority shall be considered senior.
2 I. Custodial Employees
The term “custodial employee(s)” when used hereinafter in this Agreement shall refer to all employees in the Custodial Department.
J. Stockroom Employees
The term “stockroom employee(s)” when used hereinafter in this Agreement shall refer to all employees in the Stockroom/Delivery Department.
K. Maintenance Employees
The term “maintenance employee(s)” when used hereinafter in this Agreement shall refer to all employees in the Maintenance Department.
L. Stockroom Supervision
In all matters pertaining to Classification 1 or 2 (Stockroom/Delivery and Warehouseman) within the Stockroom Delivery Department, the title Purchasing Manager shall be applied in place of the title of Director of Facility Support and Transportation.
ARTICLE II
RECOGNITION
The Board recognizes the Association as the exclusive representative of all employees in the bargaining unit for the purposes of collective bargaining and discussions.
ARTICLE III
CONTRACT PROCEDURES
A. Entire Agreement
This Agreement supercedes and cancels all previous Agreements, whether verbal or written, between the School Corporation and the exclusive representative, as well as, any alleged past practices of the School Corporation, and this Agreement constitutes the entire agreement between the parties. This Agreement also supercedes any rules, regulations, policies, or practices of the Board, which are contradictory or inconsistent with the terms of this Agreement.
3 B. Scope of Agreement
The parties acknowledge that during the bargaining which resulted in this Agreement, each had an unlimited opportunity to make proposals; therefore, the parties, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered by this Agreement, even though such subject may not have been within the knowledge and contemplation of either party at the time they bargained or executed this Agreement.
C. Future Negotiations
It is the agreement and understanding of the parties that the Board maintains it has no statutory obligation to negotiate, and the Board does not waive its rights and contention that items contained in the Agreement need not be negotiated by the Board in future negotiations. The Board agrees to reconvene with the exclusive representative to begin negotiations for a new Agreement on a mutually agreed upon date which should be no later than two months prior to the expiration of an Agreement.
D. Severability
If any provision of this Agreement or any application of this Agreement to any employee or group of employees is now, or at any time, held contrary to law, then such provision or application shall not be deemed valid except to the extent permitted by law; but all other provisions or applications shall continue in full force and effect. The Association and the Board shall enter into immediate bargaining upon request of either party, for the purpose of arriving at a mutually agreed upon replacement for such provision during the period of invalidity.
If, during the duration of this Agreement, such provision in question is found to be no longer invalid by a government agency or a court of proper jurisdiction, such provision of the Agreement, as originally embodied herein, shall be restored in full force and effect.
E. Amendments
Any amendment or agreement adding to, subtracting from, or supplemental to this Agreement shall not be binding upon either party unless it is executed in writing by each of the parties hereto.
F. Captions
The article and section captions contained in this Agreement are for easy reference only, were not negotiated, and should not be used in any substantive interpretation of the meaning of the negotiated Agreement.
4 ARTICLE IV
ASSOCIATION RIGHTS
A. Wage Deduction
The Board agrees to deduct from the wages of employees who are members of the Association the dues for such Association as such employees voluntarily and individually authorize on forms provided by the Association. The annual dues amount shall be established by the Association for a year (September 1 – August 31) with notification to the School District not later than the preceding August 1 of the year (September 1 – August 1). The dues deduction shall be 1/24 of the annual dues and will be deducted from the first two (2) pays each month. In a month in which there are three (3) pays, no dues shall be deducted from the third pay.
Such deductions shall begin with the second pay issued following the employee’s authorization form being received in the payroll office. Dues shall be deducted indefinitely on a continuing membership basis unless and until a written rescission is given to the School District. Such written rescission shall become effective the second pay issued following receipt of the notice in the payroll office. The School District will notify the Association of any previous month’s rescission with its monthly remittance.
Any adjustments in the amounts of the annual Association dues to be deducted shall be permitted once each year (September 1 – August 31) if the Association notifies the School District not later than August 1. Such adjustment shall become effective the subsequent first payroll in January and shall remain in effect until the Association notifies the School District as set forth within this paragraph.
The deductions shall be remitted to the Association by the tenth of each month for the previous month’s deductions. Delivery of such remittance to the Association treasurer, by the United States First Class mail shall constitute sufficient remittance.
It is understood that the Association will save the School District harmless against any and all claims of liability which may arise out of or by reason of action taken or not taken by the School District in compliance with dues deduction authorization cards furnished by or through the Association to the School District.
B. Bulletin Boards
Bulletin board space shall be made available in each facility for use by the Association. Any document posted by the Association shall identify it as an Association document. No documents relating to election to public office shall be posted. No documents will be posted by the Association in any area readily accessible to the public or the students unless such has first been approved by the appropriate administrator.
5 C. Use of Audio Visual Equipment
The Association may use the facilities audio-visual and office equipment after obtaining approval from the building administrator. The Association agrees to use said equipment only when it is not otherwise in use and to assume all responsibility for damage to said equipment, including the cost of repair or replacement. The usage of such equipment shall not interfere with or interrupt normal building operations. All consumable materials are to be furnished by the Association.
D. Inter-school Mail
The Association shall have the right to use the inter-school mail delivery service and may insert materials into mailboxes of the members of the bargaining unit.
E. Use of Facilities for Meetings
The Association and its members may use building facilities for custodial related meetings after obtaining prior authorization of the appropriate administrator. Attendance at such meetings will be limited to employees, and their personal guests. The Association shall assume all responsibility for any damage caused by their members or guests at such meetings and shall agree to pay for additional custodial services if they are required. There shall be no other cost to custodial and maintenance employees for such use.
F. Association Representatives Visiting Facilities
The Association President or the Association Grievance Chairperson may visit building facilities to investigate employee complaints and/or confer with individual employees at reasonable times. Such visits shall in no way interfere with the duties of the custodian or maintenance employee or the business of the facility. No visits or conferences under this clause may be made during the normal work shift, except during the employees’ regularly scheduled lunch hour period. Any Association representative visiting under this clause shall first report to the administrator in charge of the facility and wear their School Corporation I.D. badge. Under the conditions described above, the School Corporation agrees to facilitate the purpose of such visits.
G. Access to Information
The School Corporation will comply with reasonable requests to supply the Association with a copy of any document or information, which is a part of the public domain.
A copy of a bulletin, memorandum, directive, or notice or similar document, which concerns or affects employees generally, will be given to the Association upon request.
The School Corporation will make available to the Association, upon reasonable request, a current seniority list, on or before March 1 and October 1, and information relating to
6 names and addresses of employees, seniority dates, and salary step placement of each employee.
H. Board Agenda and Minutes
The School Corporation agrees to mail a copy of the agenda for all regular public School Board meetings to the Association President at the same time as they are mailed to School Board. A Board packet, such as that provided the press, shall be made available to the Association at the Board meetings and a copy of the Board minutes will be provided.
I. Copies of the Agreement
The Board agrees to supply, at its sole expense, six (6) copies of this agreement for original execution by the parties (three such copies for each party). In addition, the Board agrees, at its expense, to reproduce and distribute one copy of this agreement to each employee in the bargaining unit and supply the Association with twenty (20) copies of this agreement.
J. Representation
Whenever an employee is required to appear before the Board or any representative of the administration concerning any matter which could affect the continuation of that employee in his position (suspension and/or dismissal), he shall be given prior written notice of the reasons for such meeting and shall be entitled to have a representative of the Association present to advise and assist him during such meeting. Whenever an employee is required to appear before the Board or any representative of the administration concerning any matter which could result in a written reprimand (excluding suspension and/or dismissal), he shall be given prior verbal notice of the reasons for such meeting and shall be entitled to have a representative of the Association present to advise and assist him during such meeting.
K. Posting of Custodial/Maintenance Information
A place on the bulletin board, assigned by the building administrator, will be used to post official custodial and maintenance information.
L. Storage of Belongings
A suitable safe place will be provided for employees to store their personal belongings.
M. Non-Discrimination
The Board and its administrative personnel shall not discriminate against any employee by reason of the employee’s membership or non-membership in the Association; the employee’s participation in any activities of the Association or negotiations with the
7 Board’s committee; or the employee’s initiation of a grievance, complaint, or proceeding under this Agreement.
N. Subcontracting/Layoff
1. In the event the School Corporation proposes to contract out or subcontract work performed by bargaining unit employees covered by this Agreement which would result in a layoff involving said employees, the School Corporation shall comply with the following provisions:
a. Notify the Association president, in writing, between January and March 31 of each year of the specific work area(s) being considered for contracting out or subcontracting.
b. Submit to the Association president the written specification (being supplied and required of the subcontractors) for the work area(s) being considered for contracting out of subcontracting within forty-five (45) calendar days of the notification specified within (a) above or May 1, whichever is sooner;
c. Any such work to be contracted out or subcontracted shall not commence prior to July of the year in which the notification specified in (a) above is given.
If the School Corporation fails to comply with any of the provisions specified above, (a), (b) or (c), the School Corporation shall be prohibited from contracting out or subcontracting work performed by bargaining unit school employees covered by this Agreement which would result in a layoff involving said employees for the period commencing July 1 (of the following year in which notification is not given) and continuing through June 30 (of the following year in which notification is not given.)
In the event an employee(s) is laid off or terminated due to contracting out or subcontracting bargaining unit work, said employee(s) shall be eligible for the severance pay specified in Article XIII, Section A. If the employee elects to receive said severance pay, the requirements pertaining to the employee’s age and years of service shall be waived. Additionally, the employee shall have the right to the provisions pertaining to paid vacation specified in Article XI, Section H, and the right of insurance participation as specified and in accordance with the provisions of Article XIII, Section C. The severance pay shall be paid within thirty (30) calendar days of the employee’s(s’) submission of his notification to the office of the Director of Human Resources for severance pay.
In the event of an alleged violation of this Section, the Association may submit a grievance concerning the alleged violation in writing to arbitration before an arbitrator selected through the American Arbitration Association within sixty (60)
8 calendar days of the alleged violation. A copy of the letter requesting such arbitration shall also be sent to the Superintendent.
The arbitration hearing shall be conducted under the rules of the American Arbitration Association.
The arbitrator shall have no power:
(1) To add to or subtract from the terms of this Agreement; (2) To change any practice, policy, or rule of the Board unless such practice, policy or rule shall be in direct conflict with this Article IV, Section N; (3) To rule on any matter prohibited by law.
The arbitrator shall have the power to, only, rule on alleged violations of Article IV, Section N.
The decision and award of the arbitrator shall be final and binding on, both, the Board and the Association.
The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them.
O. Association Rights
The Association, at its discretion, shall have a total of five (5) days per calendar year to use for Association business. Such use of Association days shall be with full compensation to the employee, however, substitute costs, if any, shall be paid by the Association. These days shall be used only in increments of one-half (1/2) or a full day, by the president of the Association or his/her designated representative(s). No more than two (2) employees may utilize Association leave days on any one-work day.
ARTICLE V
COMMUNICATION
The Board or the Association may request a meeting in case there is a perceived need for formal communication outside the bargaining process. These meetings should be held within ten (10) calendar days of submission of an agenda by either party and should be conducted at a mutually agreed upon time and place. The primary purpose of the meetings shall be to provide an information exchange on agenda items. Meetings shall not necessarily result in agreement upon solutions to problems or be conclusionary.
9 ARTICLE VI
PERSONNEL FILES
The School Corporation shall maintain a personnel file on each employee
1. Employees shall be permitted to see their personnel file and may duplicate any information in the file except information secured in the course of employing the employee.
2. Each employee shall be formally evaluated, annually, and said evaluation shall be discussed with the employee. A copy of each formal evaluation signed by the employee with the employee’s written response, if any, shall be placed in the personnel file and a copy of said evaluation will be given to the employee. The employee’s signature shall indicate that the employee has read the evaluation. Failure of the employee to respond to the evaluation shall not be construed to indicate agreement with its content.
3. If any derogatory material is to be placed in a personnel file, the employee shall first have the opportunity to read such material and may, within thirty (30) calendar days, attach a statement of response if the employee so chooses. The employee shall sign and date such material, which shall not be any indication of any fact other than his knowledge of the existence of such material. Failure of the employee to respond to such materials shall not be construed to indicate agreement with its content.
4. Upon a written request of an employee, certain derogatory materials may be requested for the Director of Human Resources to consider the material to be removed from the custodial/maintenance employee’s file if such material has been on file for, at least, two (2) years and there has been no recurrence of circumstances similar or those, which prompted the inclusion of such derogatory material. This clause does not apply to formal evaluations and materials, which are required by law or administrative rule or policy.
ARTICLE VII
PUBLIC EMPLOYEES’ RETIREMENT FUND
A. Membership
All eligible classified employees of the School Corporation must become members of the Indiana Public Retirement System (INPRS) upon employment. Eligibility and other administrative rules governing this program are established by the INPRS Board at the state level. The School Corporation and its employees will abide by all rules and
10 regulations pertaining to this program. Complete INPRS information will be made available to members upon request.
B. Employer Paid Contribution
The School Corporation will pay (in the employee’s name) an amount equal to a maximum of three percent (3%) of each custodial/maintenance employee’s earnings to the Indiana Public Retirement System.
ARTICLE VIII
SUPERINTENDENT’S AND BOARD’S APPROVAL FOR EMPLOYMENT
Employees shall be employed upon the recommendation of the Director of Human Resources and with the approval of the Board.
ARTICLE IX
SUPERVISION OF PERSONNEL
A. Supervision of Custodial Employees
The supervision of custodians within each facility is the responsibility of the building administrator of that building. In the absence of the administrator, or designee, custodians shall work under the supervision of the Risk Manager and/or designee.
B. Building Maintenance Supervision
Supervision of a maintenance employee assigned to a facility is the responsibility of the administrator, or designee of that building.
C. Maintenance and Grounds Supervision
All maintenance and grounds employees will be under the supervision of the Director of Facilities Support and Transportation.
ARTICLE X
DUTIES OF CUSTODIANS
All custodial duties shall be assigned by the building administrator including, but not necessarily limited to, the following:
11 1. Custodians shall perform usual cleaning duties of dusting, scrubbing and mopping, cleaning glass, toilet cleaning, blackboard eraser cleaning, and other miscellaneous cleaning.
2. Custodians shall make all minor repairs, which shall include, but not be limited to, the fixing of window shades, minor plumbing repairs, minor repairs to school fixtures, and minor equipment repairs.
3. Custodians shall care for the schoolyard. This care includes planting, watering, and cutting grass, cutting of weeds, planting and care of trees, shrubs, and flowers, cleaning of drives where equipment is furnished, and snow removal.
4. Custodians shall learn and observe the regulations governing the display of the flag at school.
5. Custodians shall make adjustments to adjustable desks or chairs according to the size of the pupils at the beginning of the year and as often thereafter as requested by the principal.
6. Custodians shall see that specified doors are open for the admission of the pupils’ fifteen minutes before the opening of the morning and the afternoon sessions of school, respectively, unless otherwise directed by the Superintendent of Schools or principal of the building.
7. Custodians shall be assigned to unload or load shipments and work in the receiving room as the principal determines necessary.
8. A custodian must be in attendance during the daily session of the schools, and at any other time when required by the principal. A custodian may be required to be present when outside staff are working in the building.
9. Except in emergency situations, custodial and maintenance employees shall not be assigned student monitoring/discipline duties.
ARTICLE XI
VACATIONS
A. Vacation Days Earned Year 1
The following method shall be used to determine the vacation earned by employees who are employed on a twelve-month basis for a twelve-month period. Prior to the first July 1st following hire, each new employee shall earn one (1) day vacation for each full month of service performed prior to that first July 1st, not to exceed ten (10) days.
12 A full month of service shall be the period beginning the first day of one month through the last day of the month, both dates inclusive.
Fractional months, or periods of less than a full month of service, shall be disregarded.
Such earned vacation day shall be available for use beginning July 1st.
B. Vacation Days Earned Years 2-5
Commencing the second (2nd) July 1st following hire, and continuing through the fifth (5th) July 1st following hire, the employee shall be eligible for ten (10) paid vacation days per year. Such earned vacation day shall be available for use beginning July 1st.
C. Vacation Days Earned Years 6-10
Commencing with the sixth (6th) July 1st following hire, and continuing through the tenth (10th) July 1st following hire, the employee shall be eligible for fifteen (15) paid vacation days per year. Such earned vacation day shall be available for use beginning July 1st.
D. Vacation Days Earned Year 11+
Commencing with eleventh (11th) July 1st following hire and continuing on, the employee shall be eligible for twenty (20) paid vacation days per year. Such earned vacation day shall be available for use beginning July 1st.
E. Custodial Vacation Schedule
Method of scheduling custodial vacations shall be as follows:
1. Custodians whose vacation time is defined in Sections A and B of this Article (10 days) will schedule vacation days when school is not in session.
2. Custodians whose vacation time is defined in Section C of this Article (15 days) will schedule a minimum of ten (10) vacation days when school is not in session, and may schedule up to five (5) vacation days when school is in session.
3. Custodians whose vacation time is defined in Section D of this Article (20 days) will schedule a minimum of ten (10) vacation days when school is not in session, and may schedule up to ten (10) vacation days when school is in session.
4. Requests for vacation days must be in writing and approved by the building principal/supervisor. Such request shall not be denied without substantial reason. In the event a request is denied, the custodian may request, in writing, that the decision be reviewed by the Director of Human Resources.
5. Requests for all vacations will be acted upon in the following manner:
13 a. To ensure maximum consideration, a request for vacation time must be submitted in writing to the building principal/supervisor at least two (2) months in advance.
b. The building principal will act upon vacation time requests and post vacation schedules one (1) month in advance. c. All requests for vacation time submitted less than two (2) months in advance will be acted upon on the basis of unit seniority.
d. Requests for vacation time submitted less than two (2) months in advance will be acted upon as received and in deference to requests submitted and acted upon as per Section 5a, 5b, and 5c above.
e. No more than one (1) custodian per shift, per school may be granted vacation on the same day when school is in session.
f. A maximum of four (4) custodial employees (two secondary and two elementary) shall be granted paid vacation time during any one (1) calendar week when school is in session.
6. The granting of any request to schedule vacation days which would deviate from the scheduling conditions of Items 1, 2, or 3 of this Section will be done at the sole discretion of the principal and substitutes available for this purpose.
F. Maintenance and Stockroom/Delivery Vacation Schedule
Methods of Scheduling Maintenance and Stockroom Delivery Vacations:
1. Vacations may be selected from July 1 through June 30, subject to the approval of the immediate supervisor.
2. Requests for vacation days must be in writing and approved by the immediate supervisor.
3. Requests for all vacations will be acted upon in the following manner: a. To insure maximum consideration, a request for vacation time must be submitted in writing to the immediate supervisor at least two (2) months in advance.
b. The immediate supervisor will act upon vacation time requests and post vacation schedules one (1) month in advance.
c. All requests for vacation time submitted at least two (2) months in advance will be acted upon on the basis of unit seniority.
14 d. Requests for vacation time submitted less than two (2) months in advance will be acted upon as received and in deference to requests submitted and acted upon as per Section 3a, 3b, and 3c above.
e. In the event more requests than can be accommodated are for the same day(s), unit seniority shall govern. f. A maximum number of vacations available per calendar week may be established by the Director of Facility Support and Transportation or designee.
G. Vacation Carry Over
If on June 30 of any year, an employee has an unused vacation day(s), he may carry over, to July 1, a maximum of fifteen (15) vacation days. Such days must be used by the next June 30.
H. Payment of Vacation Days Upon Employment Termination
Any employee whose employment is terminated, and who has not taken any or all of his previous year’s earned paid vacation, including carry over, shall be paid the remaining number of vacation days unused with his last paycheck. Additionally, any employee whose employment is terminated prior to June 30 shall receive his present years earned paid vacation on a pro rata basis (rounded to the nearest ½) with his last check.
I. Holidays
When a paid holiday occurs within an employee’s scheduled vacation period, such day shall not be charged against the employee’s vacation allowance.
J. Year Defined
For the purpose of this article only, the term shall mean January 1 through December 31.
ARTICLE XII
HOLIDAYS
All employees shall receive the following paid holidays:
1. July 4 2. Labor Day 3. Fall Break (2 days) 4. Veteran’s Day 5. Thanksgiving Day
15 6. Friday following Thanksgiving Day 7. Christmas Eve Day 8. Christmas Day 9. New Year’s Eve Day 10. New Year’s Day 11. Martin Luther King, Jr. Day 12. President’s Day 13. Good Friday 14. Memorial Day
Holiday pay shall consist of eight (8) hours straight time pay at the employee’s regular hourly rate, provided:
1. The employee works one full scheduled day immediately before or immediately after the holiday or is on vacation scheduled during the payroll week in which the holiday falls.
2. Holidays falling on Sunday may be celebrated on the following Monday, if approved by the Board of School Trustees. Holidays falling on Saturday may be celebrated on the proceeding Friday, if approved by the Board of School Trustees. If school is in session on the day of the celebration another day will be designated by the Board.
3. Time worked on Sundays and holidays shall be paid at two (2) times the regular rate. The double time will be in addition to straight time pay awarded for holidays.
ARTICLE XIII
RETIREMENT OF EMPLOYEES (SEVERANCE PAY)
A. Severance Pay
Each employee terminating employment with the School Corporation after satisfying one of the following four provisions (“qualifying employee”) shall be entitled to severance pay:
1. Has attained age fifty (50) and who has at least fifteen (15) years of service with the School Corporation; or
2. Has attained age fifty-five (55) and who has at least ten (10) years of service with the School Corporation; or
16 3. Has attained age sixty-two (62) and who has at least five (5) years of service with the School Corporation; or
4. In the event of disability at any age, and who has at least five (5) years of service with the School Corporation.
Such severance pay shall be at the rate of regular pay, as per the current hourly wage schedule in effect at the time of severance.
Any such qualifying employee shall receive severance pay equal to the product of: (a) the lesser of (i) the actual number of his/her total number of annual and accumulated sick leave days, including annual and accumulated funeral leave and personal business leave or (ii) one hundred twenty (120) days times (b) 100% of regular pay.
Additionally, any such qualifying employee severing shall be paid an amount equal to one hundred dollars ($100.00) per year of continuous service with the School Corporation.
B. Death Benefits
In the event of the death of an employee prior to retirement, the designated beneficiary(ies) shall receive an amount equal to the severance entitlement including any unused vacation time of the employee, regardless of age and years of service, as specified in Section A of this Article.
C. Early Retirement Insurance Subsidy
For any employee who opts to retire prior to Medicare eligibility and who has attained at least age fifty (50) and who has at least ten (10) years of service with the school corporation; the School Corporation shall contribute $125.00 monthly toward the employee’s insurance payment for a maximum of fifteen (15) years or until the employee attains Medicare eligibility. For those employees retiring after July 1, 2016, the School Corporation shall contribute $125.00 monthly toward the employee’s insurance payment for a maximum of one hundred twenty (120) months or until the employee attains Medicare eligibility.
D. Career Increment
A career increment (C.I.) shall be available for all employees. Each employee who qualifies in accordance with this Section shall be granted, at his/her option, the career increment (C.I.) specified in this Section in lieu of the Early Retirement Insurance Subsidy specified in Section C of this Article. Each employee who elects the career increment (C.I.) shall be compensated at the career increment (C.I.) hourly rate of compensation. The career increment (C.I.) hourly rate of compensation shall be fifty cents ($.50) above the employee’s applicable hourly rate for the last twelve (12) months of employment. In order to qualify for the career increment (C.I.) an employee must
17 have ten (10) years of service with the School Corporation and have reached his/her 55th birthday prior to January 1 and have submitted his/her resignation prior to October 1 of any calendar year to be effective on a specific date certain no more than twelve (12) months from the aforementioned date of January 1.
Such election to retire may only be revoked in the event of a substantial change in personal circumstances. In any event, no employee shall be eligible to receive more than twelve (12) months of the career increment (C.I.).
E. Sick Leave Buyback Program
Employees who have sick leave days, including personal business leave and funeral leave days accumulated as sick leave days, in excess of one hundred twenty (120) days at the end of the year will have those additional days that accumulated during the year bought back at the employee’s current per diem rate in effect at the end of such year. This contribution will be contributed by the School Corporation to the employee’s 401(a) plan account before the July 31st following the respective year of any annual buyback. This annual buyback will be in addition to any benefits that an employee may qualify for pursuant to the Transition Buyback Program.
Notwithstanding the foregoing, the number of sick leave days bought back shall be limited in order that the accumulated sick leave days at the end of a year are not reduced below one hundred twenty (120) sick leave days. Furthermore, the annual buyback shall be limited in such manner as is necessary as not to exceed the annual limitations on contributions to an employee's 401(a) plan account as established in the Internal Revenue Code.
ARTICLE XIV
GRIEVANCE PROCEDURES
The School Corporation recognizes that, from time to time, disputes, grievances, and complaints may arise from matters within the purview of this Agreement. In such cases, the employee may invoke this Grievance Procedure with the assistance of the Association president or his designee. Forms for filing grievances shall be provided by the Association. One such form is illustrated in Appendix C.
DEFINITION: A “GRIEVANCE” is an alleged violation of a specific provision of this agreement. If any such grievance arises, the following procedures are to be followed.
“WORK DAYS,” means the employee’s regular scheduled work days.
18 Step 1
An employee who has a grievance shall notify his immediate supervisor in writing within thirty (30) workdays after knowledge of occurrence of the grievance. The immediate supervisor shall respond, in writing, to the grievance within five (5) workdays following presentation of the grievance.
Step 2
If the grievance is not resolved in Step 1, the employee shall further submit a formal written grievance, on the form shown in Appendix C, within five (5) workdays of completion of Step 1, to the Director of Facility Support and Transportation or designee.
The grievance shall (1) name the other individual(s) involved, if any; (2) state the facts giving rise to the grievance; (3) identify the specific provisions of this Agreement alleged to have been violated; (4) indicate specifically the relief requested; and (5) be signed by the grievant(s) and the Association representative.
The Director of Facility Support and Transportation or designee shall have five (5) workdays following the presentation of the grievance to respond, in writing, to the grievance.
Step 3
If the grievance is not resolved, the employee shall further submit the grievance, within five (5) work days of the completion of the previous step, to the Office of the Director of Human Resources, who shall have (5) work days following the submission of the grievance to respond, in writing, to the grievance.
Step 4
If the grievance is not resolved, the employee shall further submit the grievance to the Board. Within ten (10) workdays after the written response from the Director of Human Resources has been received, the grievant may appeal to the Board, if approved by the Custodial/Maintenance Association President or designee, by filing the grievance with the office of the Superintendent, which shall receipt therefore.
The Board, or its designated members, shall schedule a grievance meeting within thirty (30) calendar days of the receipt of the notice. The grievant shall be notified of the time and place of such meeting at least fourteen (14) calendar days in advance of such meeting. The Board shall render a written decision within seven (7) calendar days after the meeting and it shall be attached to the grievance.
19 Other Provisions Relating to the Grievance Procedure
Failure to proceed to the next step of the grievance procedure within the time allowed under steps 1, 2, 3, or 4, shall result in the grievance being considered dismissed. Nothing in the Agreement shall be construed to prevent grievances from being processed in lesser time limits, when agreeable to both parties, or to prevent the time limits from being extended for the specific periods by mutual consent. However, if an individual grievant(s) fails to advance a grievance, the Association may attach to the grievance a statement that the resolution of the particular grievance shall not be considered as having any precedent value.
If there is failure at any step to communicate the decision on a grievance within the specified time limit, the grievant or Association shall then have the right to appeal at the next step of the procedure. If the grievance concerns an employee’s dismissal, the Association may, within twenty (20) workdays of receipt of the Board’s action concerning said employee’s dismissal, submit the grievance to the Director of Human Resources and the processing of such grievance shall be commenced at Step 4 of the Grievance Procedure.
Notwithstanding the expiration of this Agreement, any claim or grievance arising thereunder may be processed through the grievance Procedure through resolution.
An employee shall have the right to present a grievance to his/her immediate supervisor without loss of time to the aggrieved employee. All other steps of the Grievance Procedure shall be handled outside the employee’s working hours or at a mutually agreed upon convenient time.
Employees participating in the processing of a grievance to his/her immediate supervisor without loss of time to the aggrieved employee. All other steps of the Grievance Procedure shall be handled outside the employee’s working hours or at a mutually agreed upon convenient time.
Employees participating in the processing of a grievance, except Step 4, may make arrangements with their supervisor to make up regular time lost. Arrangements for make-up work should be made in advance of the grievance proceedings. Such employee shall notify his supervisor in advance of an appearance at a grievance proceeding. Make-up work should be done on the same day by rescheduling the work hours of the employee. In no case will make-up work result in the payment of overtime.
If the Board schedules a meeting or hearing at Step 4 during working hours of an employee where testimony is necessary to the presentation of the grievance, the employee shall suffer no loss in pay.
Any aggrieved employee may be represented at all steps of the Grievance Procedure by himself, or at his option, accompanied and represented by an Association representative(s). Nothing contained herein shall be construed to prevent any aggrieved employee from presenting a grievance and settling the grievance at any step if the settlement is not consistent with the terms of this Agreement and the Association has been given an opportunity to be present at all such meetings and/or hearing.
20 No reprisal of any kind shall be taken by or against any participant in the Grievance Procedure by reason of such participation.
The grievant and/or the Association must exhaust Steps 1, 2, 3 and 4 in this grievance procedure, except as specified in the third (3rd) paragraph of Other Provisions above, before seeking any other type of relief.
ARTICLE XV
WAGE CLASSIFICATION
A. Length of Employment
All employees shall be employed on a twelve (12) month basis, except positions posted and filled otherwise. The Board reserves the right to employ for less than a twelve (12) month period.
B. Custodial Classification
Custodial Department employees will be paid in accordance to the adopted hourly wage schedule for the months of July through June (12 months). Shifts may be changed during non-student days by the building principal.
C. Step Increase
An employee hired after July 1, but prior to January 1, will receive his/her first experience step (Step II) the July 1 following hire, while the employee hired after December 31, but prior to July 1, will receive his/her first experience step (Step II) the second July 1 following hire.
For the duration of this contract any and all step increases as it pertains to salary shall be suspended.
ARTICLE XVI
WORK WEEK
Each employee shall work his applicable regular work week during periods when school is not in session, except for vacations and holidays. The principal shall establish working hours for custodial and maintenance workers who have regular building assignments. Such assignments shall be made to satisfy the need for night activities and summer school classes.
21 ARTICLE XVII
ADVERSE WEATHER CONDITIONS
On days when all schools or a school is closed, employees will report to work at their normal applicable work schedule and will be paid their applicable straight hourly rate. If an employee is unable to report to work on a school closing day due to adverse weather conditions, such employee shall be allowed to utilize paid personal business leave, paid vacation, or take an unpaid day.
If employees are notified not to report to work on a day when all schools or a school is closed or the administration building is closed, employees shall receive a full day’s pay due to such school closing(s).
If a school make-up day is scheduled on a Saturday, the employee(s) will report to work their normal applicable work schedule and will be paid one and one-half (1.5) times their normal applicable hourly rate.
ARTICLE XVIII
ABSENCE AND LEAVES
A. Leave for Injury or Illness
Leave of absence for injury or illness shall be granted by the School Corporation when verified by a School Corporation appointed physician, and the employee will only be permitted to return to the duties when a release from the School Corporation physician has verified that the employee is physically and mentally able to assume the employee’s duties.
Leave of absence may be granted for other reasons upon the recommendation of the Director of Human Resources and approval of the Board provided such request for leave of absence is presented in writing. Upon return from leave of absence, employee will retain seniority rights.
B. Personal Leave
Four (4) personal leave days per year shall be provided for each employee. Unused annual leave days shall be accumulated as paid personal leave days up to a maximum of four (4) personal leave days. Unused personal leave days beyond the four (4) accumulated shall be added to the accumulated sick leave for that employee.
C. Military Leave
Military leave and return from same shall be governed by current state and federal laws.
22 D. Sick Leave
Each employee shall be entitled to be absent from work without loss of compensation because of personal illness or quarantine for a total of twelve (12) days during the second year of employment and for each consecutive year thereafter.
An employee during his first year of employment or part thereof shall be entitled to be absent from work without loss of compensation because of personal illness or quarantine for the number of days to be determined on the basis of one (1) day per month or part thereof for the number of months remaining in the present year; the maximum number of entitled days for the first year of employment shall be granted to employee upon his first day of work.
Subject to the limits contained in this Agreement, unused sick leave days shall accumulate and if not otherwise used, remain for severance. However, annual accumulations of sick leave days, including personal business leaves and funeral leaves accumulated as additional sick leave days during a year, are subject to buyback pursuant to the Annual Sick Leave Buyback Program under Section E of Article XIII if the accumulated sick leave days exceed one hundred twenty (120) days.
After three (3) consecutive days of sick leave, the Board will require proof of illness with the understanding that a physician’s statement will be satisfactory. In the event of abnormal absence, the Board may require proof after one (1) day.
Sick leave days may be used in units of one-half (.5) day or a full day.
Annual and accumulated sick leave days may be used for serious illness in the immediate family. The term “immediate family” shall mean spouse or dependent child.
Custodians who find it necessary to be absent because of illness should notify the building principal assistant principal or designee or, if unable to reach any of the aforementioned, notify the Risk Manager or designee, so that a substitute may be obtained. When the custodian is ready to return to duty, the custodian should notify the principal, assistant principal or designee or the Risk Manager or designee so that the substitute may be available for another assignment.
E. Emergency Leave
Each employee shall be entitled, upon submission of a medical Doctor’s excuse, to three (3) days of emergency leave per year; however one (1) from the Board and two (2) from sick leave of employee in the event of emergencies within the immediate family for accident, illness or confinement in the hospital, including childbirth. Immediate family is defined as spouse, child, parent, brother, sister, niece, nephew, aunt, uncle, all by blood or marriage and regardless of residence, or other persons residing in the household of the employee. Additionally, each employee shall be allowed to use not more than two (2)
23 days of his/her paid annual and accumulated sick leave per year in the event of emergencies within the immediate family for accident, illness or confinement in the hospital, including childbirth. Immediate family is defined as spouse, child, parent, grandparent, grandchild, brother, sister, niece, nephew, aunt, uncle, all by blood or marriage and regardless of residence, or other persons residing in the household of the employee. These days, when used, shall be deducted from the employee’s sick leave.
The five (5) day emergency leave authorization composed of three (3) emergency leave paid days and two (2) other days using the employee’s other accrued leave or unpaid leave, or balance thereof, shall not be cumulative from year to year.
F. Jury Duty
When requested, an employee may serve on jury duty. The Board shall pay the employee his full salary less any daily remuneration granted by the court. Pay for court-incurred expenses shall not be considered as court pay and shall not be deducted from the employee’s salary.
G. Court Leave
Court leave with pay shall be granted to employees for the time necessary to make appearances in any court proceedings resulting from activities relating to the employee’s employment with the school corporation, except when an employee is a plaintiff or the court proceedings are to enforce collective bargaining laws and this Agreement.
H. Sick Leave Bank of Days
In addition to the above-mentioned sick and personal leave days, the employer hereby establishes the following:
1. A Bank of two hundred twenty-five (225) days for personal illness excluding pregnancy for the use by all employees who have at least one year unit seniority. Said Bank of Days shall be for the use of employees who, after having first used all of their annual and accumulated sick leave, and vacation days, may apply to the Director of Human Resources for additional days leave with pay, at the beginning pay rate for his/her classification to be deducted from the Bank of Days, in cases of serious personal illness, major surgery, or serious accident.
2. The employee must make application to the Director of Human Resources to qualify for the receipt of said Bank of Days. It shall be the responsibility of the Director of Human Resources to notify the employee within forty-eight (48) hours as to whether his/her request is granted or denied. The Director of Human Resources shall not unreasonably withhold the granting of Sick Leave Bank of Days.
3. The criteria for granting, to the employee, days from the Sick Bank are attached hereto as Appendix B.
24 4. The Bank of two hundred twenty-five (225) sick days shall be for a period of one (1) year and shall become effective upon ratification of this Agreement. At the beginning of each year, the administration shall re-credit to the Bank a sufficient number of days to bring the Bank to two hundred twenty-five (225) days total.
I. Personal Assault
Employees suffering injury arising from assault on their person while on a school assignment shall sustain no loss in salary by reason of their absence from work resulting from such injury, nor shall such absence from work be counted against their annual and/or accumulated sick leave. The Board’s payment under this section shall be made until the employee returns to work or for a maximum of one hundred twenty (120) work days, whichever is less.
J. COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 requires the employer with over twenty (20) employees to offer continuation of medical or dental coverage (if applicable) to qualified beneficiaries that lose coverage as a result of a qualifying event. A qualifying event is – termination from employment (voluntary or involuntary); reduction in hours; death or divorce and dependent child becomes ineligible. The cost of continuing your medical or dental coverage (if applicable) is available at the Employee Benefits Office.
K. Workers Compensation
Under the Workers Compensation Act of the State of Indiana, any employee who is injured while at work should report the injury to their immediate supervisor or designated representative. The first report of injury form needs to be sent to the Risk Management Office within twenty-four (24) hours or fines may be applied by the State of Indiana. The employer provides for limited benefits to injured workers in the form of medical treatment, and compensation for lost wages.
L. Use of Paid Leave
If an employee’s accident and injury was outside the scope of the employee’s school employment, but nonetheless qualifies the employee for benefits under Indiana Workers Compensation Act provision, then the employee shall be compensated the difference between the Workers Compensation and regular daily wage. Payments made by the School Corporation will be charged against the employee’s sick leave on a proportionate basis. The employee may elect not to receive pay from the School Corporation, and such time will not be charged against his accumulated sick leave, other than FMLA. In the event such disability occurred during the performance of school duties within the scope of the employee’s responsibilities, the above dovetailing rule shall apply as to Workers Compensation, and the employee may apply, after ten (10) work days of
25 absence due to such disability, to the Sick Leave Bank without having first used all of the employee’s annual accumulated leave days, and with criteria 4, 5, and 6 hereby waived. Use of the Sick Leave Bank is limited to an equivalent of fifty (50) days.
M. Unpaid Leaves of Absence
FMLA – The Family Medical Leave Act of 1993 requires employers to provide up to twelve (12) weeks of unpaid, job protected leave to eligible employees for certain family and medical reasons. Employees are eligible if they have worked for an employer for at least one year and for one thousand, two hundred fifty (1,250) hours over the previous twelve (12) months, and if there are at least fifty (50) employees within seventy-five (75) miles. The leave may be taken for: birth or adoption of the employee’s child or placement of a foster child; for the serious illness of the employee’s child, spouse or parent; or for the employee’s own disabling illness. During the leave period, the employer must continue the employee’s health coverage (if applicable), under the same conditions (deductions) as during active employment. The employee may be required to provide advanced notice and medical certification and/or a return to work certification. Leave requests may be denied if requirements are not met. The employee may choose to utilize paid leave during FMLA leave.
N. Period Defined
The term “year” in this article only shall mean the period from July 1 through June 30.
ARTICLE XIX
FUNERAL LEAVE
A. Death in Family
Each employee shall be entitled to be absent from work without loss of compensation not to exceed five (5) days for the following members, either by blood or marriage: spouse, child, parent, brother, sister, grandchild, or any other person who, at the time of death, was living as a member of the household of the employee. Up to five (5) days with three (3) days paid by the Corporation (with two (2) others using the employee’s other accrued leave or unpaid) for the following deaths; grandparent, niece, nephew, aunt or uncle either by blood or marriage.
B. Bereavement Leave
One (1) bereavement leave day shall be granted per year (July 1 through June 30) without loss of compensation, for funeral not covered by leave for death in family (Section A of this Article). An unused bereavement leave day shall be credited to accumulated sick leave at the end of year (July 1 through June 30).
26 ARTICLE XX
CHANGE OF ASSIGNMENT
A. Prevailing Wage
Any employee, who has been offered and accepts to move from their present classification to a higher paid classification as a “fill-in” or substitute, shall be paid the wage prevailing in the higher classification. In the event the employee has been offered and accepts a move to a lower paid classification on a temporary or substitute basis; the employee retains the same pay as if the employee were on his regular job.
An employee who is involuntarily transferred to a higher classification or to a lower classification as a “fill-in” or substitute on a temporary basis shall receive the pay of his former classification or that of classification to which he is being involuntarily transferred, whichever is greater.
An involuntary transfer shall not exceed twenty (20) working days without the consent of the affected employee.
B. Fill In Assignments
In the event of an absent custodian when he/she is the only one on a particular shift and a substitute is not used to fill in for his/her absence, the provisions of this section shall be followed.
In such cases, the principal (or designee) will ask for volunteers from the second (2nd) and third (3rd) shifts (if a third shift exists). In the event more than one (1) custodian volunteers, the most senior (unit seniority) custodian shall be offered the fill-in assignment and this will start a rotation to be followed in future absences when more than one (1) custodian volunteers. Such volunteer fill in assignment shall be equalized in terms of work days.
In cases where there are no volunteers, the most junior (unit seniority) custodian will be assigned to fill in for the absent custodian and this will start a rotation to be followed in future absences for which there are no volunteers. This will be in conjunction with Section A, paragraph 2 of this Article. Such involuntary fill in assignments should be equalized in terms of work days.
The custodian filling in, as specified in the above two (2) paragraphs, will be provided a substitute for his regular shift. He will be compensated at the highest rate of the two positions.
If the absence is for an extended period (more than five (5) successive days) and no one volunteers for the assignment, other arrangements will be made.
27 ARTICLE XXI
HOURS OF WORK AND OVERTIME
The Vigo County School Corporation has installed a 10 hour day/40 hour work week for the summer months between the end of one student school year and the beginning of the next student school year.
NO EMPLOYEE SHALL BE IRREPARABLY HARMED BY SUCH CHANGE AS IT PERTAINS TO A PRE-EXISTING SECONDARY JOB.
A. Work Week
For the purpose of computing payroll, the work week shall begin at 12:01 a.m. Monday and end at 12:00 midnight on Sunday of the same week. The regular work week shall consist of five successive eight-hour days. On the sixth successive day, the employee shall be paid at the rate of time and one-half (1.5) for hours worked, provided they are in excess of forty (40) hours. On the seventh successive day of his/her work week, the employee shall be paid at two (2) times the regular rate for all hours worked.
B. Overtime Pay
Time and one-half (1.5) will be paid for more than eight (8) hours in any one day and over forty (40) hours in any one-week. Time worked on Sundays and holidays shall be compensated at two (2) times the regular rate except as specified in Article XXV. The double time will be in addition to straight time pay awarded for holidays. However, the Association and the VCSC Administration have agreed to the summer four (4) day a week schedule with any work at forty (40) hours or less will be at straight pay. During this summer reduced work week period the employee will have the following options:
Choice A: Work 4 days per week for 10 hours per day for 40 hours of straight pay per week.
OR
Choice B: For employees after their first year (the first July 1st anniversary of employment has already occurred prior to this summer period) work 4 days per week for 8 hours per day for 32 hours of paid work but use 1 vacation/personal day per week to receive 40 hours of pay. If an employee does not have enough vacation days at the time of this election a sufficient number of vacation days will be subtracted from the July 1st vacation day entitlement which occurs during the summer period.
28 C. Leave Time Defined
Holidays not worked, except when they fall on Saturday or Sunday, jury duty leave, court leave, funeral leave, and the other paid leaves specified in Article XVIII shall be considered as time worked when computing overtime in any one (1) week.
D. Overtime Minimum
When an employee is called in for work, which is not continuous with his regular work schedule, the employee shall be paid at the rate of time and one-half (1.5) for a minimum of three (3) hours.
E. Assignment of Overtime
Overtime is to be offered on a rotating basis. A rotation schedule for overtime work should be established and offered on the basis of unit seniority for each shift within a building when it is feasible to do so. Emergency situations may warrant the assignment of overtime.
F. Weekend and Holiday Overtime
The offering of all weekend and holiday overtime, as well as the involuntary assignment of all weekend and holiday overtime, shall be governed and in accordance with the following provisions in order of priority:
1. First, all weekend/holiday overtime shall be offered to all employees assigned to the building in which the overtime occurs on a rotation basis, in order of greatest unit seniority, and this will start a rotation to be followed when offering weekend/holiday overtime. All weekend/holiday overtime shall be equalized (within eight (8) hours) over the calendar year (January-December). Such overtime worked and overtime refused shall be considered as time served for the purposes of rotation and equalization.
2. Second, in the event all employees assigned to the building in which the weekend/holiday overtime occurs refuse the offered weekend/holiday overtime, the employee with the least unit seniority assigned to the affected building shall be assigned to the involuntary overtime. Such involuntary assignment will start a rotation to be followed when involuntarily assigning weekend/holiday overtime, which has been refused by all the employees within the affected school. All involuntary weekend/holiday overtime shall be equalized (within eight (8) hours) over the calendar year (January-December).
For the purposes of this Section, all weekend and holiday overtime shall be combined and considered the same for purposes of rotation and equalization.
29 G. Leaving School Property
All custodians and all maintenance employees assigned to a specific facility must have the permission of the building administrator or representative in the administrator’s absence, before leaving school property during the workday. Lunch periods are to be thirty (30) minutes, uninterrupted, with the privilege to leave the premises during the lunch period. Employees leaving the facility may be required to sign in/out or for the night shift notifying a designated supervisor. The School Corporation shall notify a night shift employee the person to notify and of any changes permanently or temporarily. Employees may normally leave the facility grounds during the thirty minutes or more unassigned duty time, but may be required by the supervisor to remain if emergency circumstances so warrant.
H. Use of Personal Vehicle
If an employee is requested by the employer to use his/her personal vehicle during the employee’s work day, and agrees to such request, the travel time shall be counted as time worked and paid in accordance with this Article and Appendix A. Additionally, the employee shall be paid mileage at the rate of the current School Corporation allowance per mile. The employee shall be covered by Worker’s Compensation during such travel.
ARTICLE XXII
NEW PERSONNEL
A. Hourly Wage Step Placement
Employees are assigned to a step on the salary schedule based on an evaluation when hiring new employees. This evaluation shall be based on past experience applicable to the vacancy applied for. Such evaluation will be determined by the Director of Human Resources. In no event will a newly hired employee be placed in a different job classification than was advertised on the job posting.
B. Probationary Period
Employees shall be regarded as probationary during the first sixty (60) working days of continuous employment with the School Corporation. During such sixty (60) working day period, the employment of such employees may be terminated by the School Corporation without cause or reason and without regard to the Grievance Procedure provided for herein; and that such new employees shall be eligible for all other benefits embodied in this Agreement upon the initial date of employment. Seniority (classification and unit) shall not vest until the employee has been employed sixty-one (61) working days and then such seniority shall be dated back to the initial date of the employee’s latest employment with the school employer.
30 ARTICLE XXIII
PAYDAYS FOR PERSONNEL
A. Pay Period
Employees shall be paid not less frequently than every two (2) weeks for days completed to two (2) weeks before payday.
B. Payroll Reporting
Payroll sheets: All payroll sheets shall conform with the requirements of the State Board of Accounts. Payroll sheets shall conform with the requirements of the employees, the number of days of service during the period, days of absence, times tardy and other information, which may be called for.
ARTICLE XXIV
DISCHARGE OF PERSONNEL
A. Progressive Discipline Procedure
When fact situations give rise to disciplinary action which lend themselves to the use of progressive discipline, the employer may employ progressive discipline as follows:
1. Verbal warning; or 2. Written warning; or 3. Written reprimand – one (1) day unpaid suspension; or 4. Written reprimand – three (3) days unpaid suspension; or
The parties recognize that, depending upon the nature of the offense and/or the interval of time between offenses, it may be appropriate to impose a different or same penalty as was previously imposed. It is also recognized that there may be situations that warrant a greater penalty than suggested in 1 through 4 above. These situations may be referred to in Sections B and C as follows:
Disciplinary action against an employee shall be taken within a reasonable period of time following the conclusion of the employer’s investigation of the matter. If the determination of culpability is not within the purview of the employer, disciplinary action will be taken within a reasonable period of time following the employer’s receipt of such determination of culpability.
31 The parties further agree that through the discipline process and when possible, efforts sh all be made to assist the employee with professional improvement in the custodial/mainte nance employees’ receipt of such determination of culpability.
B. Reason for Discharge Defined
Any employee of the School Corporation may be discharged for cause, such as: incompetency, immorality, direct disobedience to orders or instructions, breach of employment duties, unfaithfulness in the performance of duties, willful neglect to conform to the rules and regulations of the schools, violation or disregard for standard and established safety practices and procedures, or physical inability to perform duties. Such physical inability shall be determined by a competent physician to be named by the Board of such School Corporation.
The discharge of employees shall be made with the recommendation of the Superintendent, and only at an official meeting of the Board. Employees shall be kept informed of their status in regard to discharge. In the event that the Board contemplates action for discharge, the Board shall notify, in writing, the affected employee of the contemplated action and the reasons for such contemplated action. In the event the employee desires a conference in executive session with the Board, the employee may elect one (1) of the following options:
1. The employee may submit a grievance within thirty (30) work days following receipt of notice of the Board’s contemplated action and the processing of such grievance shall be commenced at, and in accordance with, Step 4 of the grievance procedure.
2. The employee may submit a written notice within thirty (30) work days following receipt of notice of the Board’s contemplated action that the employee desires a conference with the Board with or without representation.
C. Violation of any Criminal Law
Any employee of the School Corporation who shall be arrested upon any indictment or affidavit charging violation of any criminal law, either State or Federal, may be immediately required to take Leave of Absence without pay, or may be temporarily assigned to a vacant position or newly created position. Such leave of absence or temporary assignment shall become effective immediately upon the mailing of notice of the requirement of such leave or temporary assignment by the Superintendent of Schools to such arrested employee by registered United States mail at the last mailing address of such employee as shown by the records of the School Corporation and to continue until the final disposition of such criminal charge by the proper courts. Employees found not guilty will be paid all wages lost during the requested leave or temporary assignment.
32 Said employee shall accrue seniority for the leave period and be returned to an available job in his classification when the leave was taken or temporary assignment made. Availability of such a position shall be assured by placing a substitute in the vacancy created by the leave or created by the temporary assignment. Subsequent vacancies in the same classification shall, likewise, be filled by a substitute so that the former vacancy(ies) can be posted and filled in proper turn. The “available” position shall always be the most recently vacated position in the classification of the employee on leave.
ARTICLE XXV
HEATING BUILDINGS
A. Heating of Building on Weekends and Holidays
Employees responsible for heating of buildings shall report on weekends and holidays, if requested to do so. If the Maintenance Supervisor or the Director of Facility Support and Transportation, or designee have not notified the individual and, in the opinion of the individual, the building should have additional heat during the holidays, Saturdays, and Sundays, the fireman must call the Maintenance Supervisor or the Director of Facility Support and Transportation or designee for authorization to perform this work.
B. Weekend Building Checks
District building heating plants lending themselves to weekend safety check firing at the discretion of the Maintenance Supervisor may be placed on a bid list for a rotating fireman to check on Saturday and Sunday. Some buildings will not be included because of geographical factors and length of time needed for firing. Buildings not on weekend lists will be handled by the regular fireman or designated substitute on the basis prescribed for such work. The rate of pay for such work will be one and one-half (1.5) times the fireman’s applicable hourly rate provided that the individual has received 40 or more compensated hours during the week building checks occur.
C. Safety Checklist
A safety check list shall be prepared by the fireman or head custodian in each building, calling attention to all gauges, pumps, possible trouble spots in cold weather, emergency numbers for altering regular fireman and supervisors, and any other information which would be helpful to checking employee. The list shall be submitted to the Specialist for Heating, Ventilating, and Air-Conditioning for final approval. The safety checklist should be compiled and submitted regardless of the type of weekend firing plant to be utilized. The list should be available for substitutes working the building during illness, vacation, or leave.
33 D. Posting of Weekend Building Checks
The group of schools to be serviced by one person, together with the checklist of safety points and duties to be performed while in the building, shall be posted for bidding by interested qualified firemen. In case more qualified employees bid than are needed, classification seniority will apply.
E. Compensation for Weekend Building Checks
Regular scheduled weekend and holiday building checks will be paid time and one-half (1.5) provided that individual has received 40 or more compensated hours during the week building checks occur. Jury duty leave, court leave, funeral leave, and other paid leaves specified in Article XVIII shall be considered as time worked when computing overtime in any one (1) week.
ARTICLE XXVI
HEALTH AND SAFETY
The Board shall continue to make reasonable rules and provisions for the safety and health of its employees at the schools during the hours of their employment. Protective devices and other equipment necessary to properly protect employees from injury shall be furnished by the Board in accordance with present practices. The Board will notify its employees of any changes in, or additions to, the safety rules. The Safety Committee agrees to cooperate with the Board the purpose of promotion of safe practices.
A. Responsibilities of individuals who operate School Corporation vehicles All custodial/maintenance employees who operate a School Corporation vehicle s hall: 1. Be subject to random drug & alcohol screening in accordance with standard DOT practices. 2. May be required to submit to a drug & alcohol post-accident test following any motor vehicle incident. 3. Be subject to periodic motor vehicle record checks.
The School Corporation will cover the cost of any drug & alcohol testing in accordance with this Article.
34 ARTICLE XXVII
VACANCIES
A. Posting of Vacancies
It is agreed that all new and current job openings will be posted by the Director of Human Resources on designated bulletin boards in each school building and maintenance building for the purpose of posting said notice and a copy of the posting will be sent to the Association President. The vacancy posted shall be the exact position vacated or the exact position, which has been created. No in-building assignments shall be changed nor shall any job opening be filled, except on a temporary basis, until such vacancy shall have been posted for a period of five (5) work days prior to the last day of which application shall be accepted. Any employee wishing to apply for the posted position will apply in writing to the Director of Human Resources within five (5) workdays of the date of posting. The successful applicant(s) who has been awarded a vacant position shall be assigned and transferred to the position within ten (10) work days following the last day of which application shall be accepted.
B. Custodial Vacancies
Awarding of Custodial Department Vacancies:
Custodial department vacancies shall be awarded to employee applicants within the bargaining unit on the following basis, in order of priority:
1. In-House, intra-departmental:
a. Custodial employee applicants presently assigned and working within the specific job classification and the specific school in which the vacancy occurs; greatest classification seniority shall govern.
b. Custodial employee applicants in a higher numerical classification presently assigned and working within the specific school in which the vacancy occurs; in order of highest numerical classification, greatest classification seniority shall govern.
c. For Fireman/Custodian (Classification 3) vacancies, the custodial employee applicants presently assigned and working within the school in which the vacancy occurs; unless poor evaluations can be cited and/or poor and recurring absenteeism can be cited and/or inability to do the work required in the posted vacancy can be cited, custodial employee applicants passing the Fireman/Custodian Test, greatest unit of seniority shall govern.
35 d. For Head Custodian (Classification 2) vacancies, the custodial employee applicants presently assigned and working within the school in which the vacancy occurs; unless poor evaluations can be cited and/or poor recurring absenteeism can be cited and/or inability to do the work required in the posted vacancy can be cited, greatest unit seniority shall govern. In the event that two (2) or more applicants are relatively equal, greatest unit seniority shall govern.
2. In corporation, intra-departmental:
a. Custodial employee applicants presently assigned and working within the specific job classification in which the vacancy occurs; greatest classification seniority shall govern.
b. Custodial employee applicants in a higher numerical classification; in order of highest numerical classification, greatest classification seniority shall govern.
c. For Fireman/Custodian (Classification 3) vacancies; unless poor evaluations can be cited and/or poor and recurring absenteeism can be cited and/or inability to do the work required in the posted vacancy can be cited, the custodial employee applicants passing the Fireman/Custodian Test, greatest unit seniority shall govern.
d. For Head Custodian (Classification 2) vacancies, unless poor evaluations can be cited and/or poor and recurring absenteeism can be cited and/or inability to do the work required in the posted vacancy can be cited, greatest unit seniority among the custodial employee applicants shall govern. In the event that two (2) or more applicants are relatively equal, greatest unit seniority shall govern.
3. Inter-Departmental:
a. Stockroom/Delivery Department employee applicants for Custodian (Classification 1) vacancies, greatest unit seniority shall govern.
b. Stockroom/Delivery Department employee applicants for Fireman/Custodian (Classification 3) vacancies; unless poor evaluations can be cited and/or poor and recurring absenteeism can be cited and/or inability to do the work required in the posted vacancy can be cited, the Stockroom/Delivery department employee applicants passing the Fireman/Custodian test, greatest unit seniority shall govern.
36 c. Stockroom/Delivery Department employee applicants for Head Custodian (Classification 2) vacancies; unless poor evaluations can be cited and/or poor and recurring absenteeism can be cited and/or inability to do the work required in the posted vacancy can be cited, greatest unit seniority shall govern. In the event two (2) or more applicants are relatively equal, greatest unit seniority shall govern.
d. Maintenance department employee applicants for Custodian (Classification 1) vacancies, greatest unit seniority shall govern.
e. Maintenance department employee applicants for Fireman/Custodian (Classification 3) vacancies; unless poor evaluations can be cited and/or poor and recurring absenteeism can be cited and/or inability to do the work required in the posted vacancy can be cited, the maintenance department employee applicants passing the Fireman/Custodian test, greatest unit seniority shall govern.
f. Maintenance department employee applicants for Head Custodian (Classification 2) vacancies; unless poor evaluations can be cited and/or poor and recurring absenteeism can be cited and/or inability to do the work required in the posted vacancy can be cited, greatest unit seniority shall govern. In the event two (2) or more applicants are relatively equal, greatest unit seniority shall govern.
C. Stockroom/Delivery Vacancies
Awarding of Stockroom/Delivery Department Vacancies:
Vacancies in the stockroom/delivery department may be filled by reassignment within the department by the Purchasing Manager to meet the needs of the School Corporation.
Subsequent stockroom/delivery department vacancies will be posted and employee applicants within the bargaining unit will be considered in the Board’s search for the best candidate available.
Ability to do the work required in the posted vacancy shall be the primary criteria for selection.
37 D. Maintenance Vacancies:
Awarding of Maintenance Department Vacancies:
Vacancies in the maintenance department may be filled by reassignment within the department by the Director of Facility Support and Transportation or designee to meet the needs of the corporation.
Subsequent maintenance department vacancies will be posted and employee applicants within the bargaining unit will be considered in the Board’s search for the best candidate available.
Documented and/or demonstrated expertise in the trade shall be the primary criteria for selection.
E. Notification to Association
A copy of the Director of Human Resources disposition concerning the filling of a vacancy and a list of employee applicants shall be sent to the Association president upon request.
F. Filling of Temporary Vacancies
Vacancies, new and current, may be filled on a temporary basis up to a maximum of ten (10) working days prior to posting.
G. Vacancy Defined
A position shall be declared an open/vacant position upon:
1. The effective date of a newly created position; or
2. When the employee formerly occupying the position is no longer receiving compensation from the school corporation and is not on an unpaid leave of absence approved by the Board as specified in Article XVIII, Section A, for the reasons specified in Section J of this Article.
3. Upon the successful completion of the semi-probationary period specified in Section I of this Article.
4. Upon the semi-probationary employee being removed or having relinquished said position.
38 H. Semi-Probationary Period
A semi-probationary period shall be in effect when an employee applicant has been awarded a job position, which involves:
1. A move to a higher numerical classification within the custodial department; or
2. A move which results in a different immediate supervisor; or
3. A move to another department.
The employee shall be removed from that position for reasons of inability to perform the duties of that position and/or the employee’s personal desires. This action may be at the request of the employee or his immediate supervisor. This action must be initiated in writing, within fifteen (15) working days for custodial department and stockroom/delivery department, and thirty (30) working days for maintenance department positions. Extension to the time limits within this paragraph may be by written mutual consent of the employee and his immediate supervisor with the Association president notified of such extension. Time limit extensions shall be granted for a maximum of fifteen (15) working days and for good cause. An employee who is removed or who removed himself from a position in accordance with this paragraph shall be returned to his former job. Additionally, such employee shall be denied the right to apply for a position within the same classification in which the employee was disqualified and/or voluntarily removed for six (6) months from the date of such action.
I. Temporary Vacancy due to Injury/Illness
In the event an injury or illness prevents an employee from performing his regular duties for fifteen (15) consecutive working days, a physician’s projected date of return to duty will be required. If that date warrants, the job will be posted as a temporary vacancy following regular posting and assignment procedures. The absent employee will be entitled to his same position upon return. Employees filling a temporary vacancy would return to their regular job.
J. Elimination of Positions
This Article nor any provision within this Agreement shall prevent the employer from eliminating any position currently occupied by an employee or any vacant position. In the event the employer eliminates any position, the school employer shall immediately notify the Association president, in writing, of the specific position(s) which is being eliminated.
39 ARTICLE XXVIII
LAYOFF – RECALL
A. Custodial/Stockroom Staff Reduction
1. Layoff:
In the event of a reduction in the departments listed above, probationary employees shall be laid off before any non-probationary employee in the classification where the layoff occurs. In the event it is necessary to reduce that department’s working forces further, the employee with the least classification shall be laid off.
2. Elimination of Positions:
a. An employee whose position has been eliminated shall be able to displace the least senior (classification seniority) employee in that classification; or, if this least senior employee’s position is for fewer hours than his former position, he shall be able to displace the least senior (classification seniority) employee in that classification, holding a position for which the hours are equal to those of his former position. In the event there is no such position equal in hours held by a less senior (classification seniority) employee, he shall be able to displace the least senior (classification seniority) employee, in that classification, holding a position nearest, but less than, the hours of his former position.
b. Where applicable, an employee whose position has been eliminated shall be able to displace the least senior (unit seniority) employee in any lower numerical classification; or, if this least senior employee’s position is for fewer hours than his former position, he shall be able to displace the least senior (unit seniority) employee in any lower numerical classification, holding a position for which the hours are equal to those of his former position. In the event there is no such position equal in hours held by a less senior (unit seniority) employee, he shall be able to displace the least senior (unit seniority) employee in any lower numerical classification holding a position nearest, but less than, the hours of his former position.
3. Combining Positions:
If the elimination of a position(s) is accompanied by the combining of positions, the combined position(s) shall be offered to the affected employees in order of greatest classification seniority. In the event the senior employee(s) accepts the combined position(s), the junior employee(s) shall have the displacement rights enumerated in subsection 2 of this section.
40 If the affected employee(s) refuse the combined position(s), the least senior employee(s) shall be assigned to the combined position(s) and the senior employee(s) shall have the displacement rights enumerated in subsection 2 of this Section. If such combined position(s) is for fewer hours per day and/or months per year than the former position(s) held by the junior employee(s), the junior employee(s) shall also have the displacement rights enumerated in subsection 2 of this Section.
4. Reduced Hours and/or Months:
An employee whose regularly scheduled hours per day and/or months per year have been reduced shall have the displacement rights enumerated in subsection 2 of this Section.
5. Any employee displaced in accordance with this Section shall also have the same option as specified in the applicable subsection.
B. Building/Facility Closing
In the event of a school building closing, the following provisions shall be implemented:
1. All bargaining unit vacancies occurring within six (6) months of the school building closing date shall be offered to the affected employees in the school building to be closed within five (5) work days of the effective date of the vacancy, as defined in Article XXVII, Section G of this Agreement. The affected employees(s) shall have ten (10) work days after being offered the vacant position, to accept or reject. An affected employee(s) who accepts a vacant position offered in accordance with this Section shall remain in his/her presently assigned school building position until the school building closing date and said vacant position shall be filled on a temporary basis for such duration. Rejection shall not affect the affected employee’s displacement and recall rights specified in Section D of this Article. In the event there are two (2) or more employees affected, then the vacancy shall be offered to the affected employees in order of greatest classification seniority and then unit seniority.
2. All vacancies rejected by the affected employee(s) in the school building which is closing shall be posted, the first work day following such rejection and awarded in accordance with Article XXVII Section B of the Agreement.
3. All vacancies occurring after the school building closing date shall be posted and awarded in accordance with Article XXVII Section A and B of the 2008-2010 Agreement.
41 4. An employee within the school building to be closed shall not be offered a vacant position under the provisions of this Section, which would result in 1) an increase in daily hours, or 2) a department change, or 3) a change to a higher numerical classification within the employee’s presently assigned department.
5. The President of the Association shall be notified of all school building closings, receive prior notification of all vacancies which are to be offered to the affected employees in accordance with this Section and be notified of all the affected employee’s acceptance or rejection of the vacant positions offered in accordance with this Section.
C. Maintenance Department Staff Reduction
In the event of a reduction in the maintenance department, probationary employees shall be laid off before any non-probationary employee in the classification where the layoff occurs. In the event it is necessary to reduce the maintenance department working force further, the employee with the least classification seniority within the maintenance classification to be reduced shall be laid off.
D. Recall Procedure
Recall:
Employees on layoff shall be recalled in the following order:
1. After posting, as specified in Article XXVII, employees on layoff shall be recalled in order of greatest unit seniority to any open position which becomes available in the classification which they were assigned at the time of layoff.
2. After posting, as specified in Article XXVII, employees on layoff shall be recalled in order of greatest unit seniority to any open position which becomes available in a lower numerical classification (lower than the classification which they were assigned at the time of layoff) within the department which they were assigned at the time of layoff.
3. After posting, as specified in Article XXVII, Section B, any Classification 1 position within the Custodial Department remaining vacant, bargaining unit employees on layoff (not qualifying for 1 and/or 2 above) shall be recalled and offered said position in order of greatest unit seniority. In the event the employee on layoff rejects said position, such rejection shall not serve to break continuous service nor terminate employment relationship and shall not affect the employee’s rights in 1 and 2 above.
42 E. Continuous Service Defined
Continuous services shall be broken and employment relationship terminated only when an employee:
1. Quits;
2. Is discharged for cause;
3. Fails to report to work within fourteen (14) days after receipt of a written notice of recall to work, to any position specified in Section D of this Article after a layoff, given by the Board by registered or certified mail or telegram and addressed to the employee at his/her last address appearing on the records of the Board. The Board’s letter shall be considered as received if it is returned marked “no forwarding address”. A copy of each recall notice shall be sent to the Association president.
F. Retaining Seniority
Unit seniority and classification seniority shall not accumulate during a period of unit layoff, but shall be retained and restored to an employee upon the employee’s recall from layoff. All other accrued benefits to which the employee was entitled at the time layoff commenced shall be retained and restored to him upon recall and return from layoff. G. Substitute Employment
During any reduction-in-force period, the employees who are laid off have the option to be on the substitute list and the Board will make every reasonable effort to call them first for available substitute work in order of greatest unit seniority.
ARTICLE XXIX
COMPENSATION
A. Wage Schedule
The custodial, stockroom/delivery, and maintenance department employees’ hourly wage schedule is set forth in Appendix A, which is attached hereto and incorporated herein as part of this Agreement.
Custodial, stockroom/delivery, or maintenance employees are encouraged to further their knowledge and credentials in their area of expertise. An employee achieving one of the following certifications will be eligible for an hourly increase equal to one-half (.5) of one percent over their classification rate set forth in Appendix A for each approved certification up to a lifetime maximum of three increases totaling one and one-half (1.5) percent:
43 1. Certified School Bus Technician – National Institute for Automotive Service Excellence 2. Master School Bus Technician – National Institute for Automotive Service Excellence 3. Custodial Technician – Cleaning Management Institute 4. Wastewater Operator Certification – Indiana Department of Environmental Management 5. Certified Pool/Spa Operator – National Swimming Pool Foundation 6. Commercial Driver’s License – Indiana Department of Transportation 7. Refrigerant Transition & Recovery Certification – Environmental Protection Agency 8. Certified Playground Inspector – National Playground Safety Institute 9. Indiana Certification as Journeyman in Carpentry, Electrical or Mechanical trades.
The Director of Human Resources and the Director of Facility Support and Transportation or designee must verify and approve all submitted credentials. Such increase will only take place once per year (July 1) at the time of the annual step increase in accordance with article XXIX Section C. Employees holding such certification must remain in good standing with the certifying organization to remain eligible for this increase. Written notification and annual verification of such certification is the responsibility of the employee. All salaries with the exception of the above stipend will remain the same.
B. Classification Transfer
An employee transferring to a different classification within his department and an employee transferring from one department to another department shall be placed at the numerical step which corresponds with his former numerical step placement; the exception being when a grounds, stockroom/delivery, or custodial employee transfers into the maintenance department, at which time, he shall be placed at Step I.
C. Hourly Wage Increases
The steps on Appendix A are frozen.
D. Uniforms
All employees must wear uniforms the work day following the day the employee receives a uniform. Five (5) uniforms, both pants and shirts (either a regular shirt or polo) will be provided to an employee upon hire. Every three (3) years that employee will be provided with five (5) additional uniforms. In lieu of one (1) uniform an employee may elect a uniform jacket which will be provided by the School District. If there is a need for a new uniform before the three (3) year replacement cycle the employee shall present to the
44 School Corporation the worn or damaged clothing and the School Corporation will provide a replacement.
Additionally, the School Corporation will reimburse employees for the purchase of work shoes an amount up to a maximum of One Hundred Fifty Dollars ($150.00) once per calendar year. In order to qualify for this reimbursement, the employee must submit evidence of the purchase and that the purchase was for his/her own shoes and that those shoes are work shoes to be used for his/her employment with the School Corporation.
E. Employer/Employee Savings Plan
The Board shall contribute to the School Corporation Employer/Employee Savings plan. The provisions for such a program are set forth in the plan document. Copies of the plan document shall be made available to employees upon request at the office of the Director of Human Resources. One copy will be placed in each building. The Board will make its contribution for the year July 1 – June 30 on or before the first July 31st following June 30 of each year. The Board’s contribution to the 401A account will match the employee’s contribution to his/her 403b tax sheltered annuity up to a maximum of seven hundred fifty dollars ($750) for the year 2003-2004 and each year thereafter.
ARTICLE XXX
INSURANCE
A. Employee Eligibility
Effective dates for new hires will be the first day of the month following the date of hire or Board date.
Employees shall be eligible to participate in the Vigo County School Corporation Group Insurance Programs upon payment of one dollar ($1.00) via payroll deduction. The Group Insurance Programs shall consist of the following (to be eligible, an employee must be regularly scheduled to work seventeen and one-half (17.5) hours per week.):
1. Basic Life Insurance of $50,000 2. LTD
Employees and dependents of employees (including newborns) under this agreement must be enrolled pursuant to the School Corporation procedures prior to the expiration of the enrollment period. The School Corporation procedures and enrollment period are subject to the HIPAA (Health Insurance Portability and Accountability Act of 1996) guidelines for qualifying events. The qualifying events are: loss of coverage (if your spouse experiences layoff, retirement, voluntary or involuntary termination), reduction in hours (ineligible for benefits due to a change from full time to part time status), birth or adoption, legal separation or divorce and marriage or death of the employee.
45 B. Medical Insurance
All Health Benefit dollars will remain the same throughout the duration of this contract. The Board shall contribute the following amounts for each full-time employee (seven (7) or eight (8) hours per day) and a pro rata share for each employee who has less than a full-time assignment as follows:
1. Board contribution for employees assigned seven (7) to eight (8) hours per day shall be monthly as follows effective with the December 2014 payroll deductions.
2014
Employee $481.39 Employee/children $788.82 Employee/spouse $849.37 Employee/dependents $1,179.72
When two employees are married and elect the employee and dependents insurance, the School Corporation will allow the maximum of the employee and children and the employee only board share of any group eligible for insurance.
2. Prorated Share:
a. Assignment of three and one-half (3.5) or four (4) hours per day will qualify for one-half (.5) of the Board contribution specified in B-1 of this Article.
b. Assignment of five (5) or six (6) hours per day will qualify for three quarters (.75) of the Board contribution specified in B-1 of this Article.
3. Effective January 1, 2014 employees covered by this handbook will be eligible for enrollment in the School District’s group health insurance plan only if an employee meets either of the following two (2) eligibility criteria:
1. Was enrolled in the group health insurance plan immediately prior to January 1, 2014 and has continually stayed enrolled in the plan (Grandfathered); or
2. has a scheduled average work week over the employee’s entire work year of thirty (30) or more hours including all eligible non-work breaks.
This eligibility determination of average weekly hours will be calculated on the eligible includable non-work days
46 (generally all breaks except summer break). If an employee is a grandfathered health insurance plan participant and loses or terminates coverage for any reason that employee will no longer be grandfathered or be eligible for coverage on the basis of his/her grandfathered status.
4. Life Insurance
All eligible participants in the Medical Insurance programs must enroll in the Basic Term Life Insurance of fifty thousand dollars ($50,000).
C. Dental Insurance
All Dental Benefit dollars will remain the same throughout the duration of this contract. A group dental insurance program will be provided for all custodial/maintenance employees working seventeen and one-half (17.5) hours per week. The School Corporation contribution to this program will be according to the following schedule in accordance with closed enrollment guidelines.
The Board contribution for each enrolling employee toward the plan selected by the employee shall be in accordance with the following schedule:
2014 1. Employee only (single subscriber) $24.93 2. Employee/children $27.18 3. Employee/spouse $29.77 4. Employee/dependents $37.37
D. Life Insurance
For those employees not opting for any of the medical insurance programs specified in Section B of this Article, the Board shall provide, without cost to the employee and upon enrollment a Basic Term Life Insurance of $50,000.
All eligible participants must enroll in the Basic Term Life Insurance of $50,000.
E. Optional Supplemental Life Insurance
Optional Supplemental Term Life insurance for employee only of fifty thousand dollars ($50,000) may be purchased at the employee’s expense at the same rate as paid by the School Corporation.
47 F. Long Term Disability
The School Corporation shall provide upon enrollment, without cost to the employee, Long-Term Disability insurance coverage for all employees working three and one-half (3.5) hours or more per day.
G. Section 125 Provisions
Provisions of Section 125 of the Internal Revenue Code (Flexible Benefit Plan) shall be offered to all employees. The administrative costs of these programs shall be paid by the Board.
H. Retirees Insurance
Retirees, retiring prior to Medicare eligibility and not qualifying for Early Retirement Insurance as specified in Article XIII, Section C, may continue to be a part of the School Corporation’s group insurance program until employee becomes eligible for Medicare, except that they may not be enrolled in the Long Term Disability insurance (LTD) program and dependent life. With this exception, such retirees may participate in the Group insurance program to the same extent that they participated during their last year of employment, providing that they pay to the School Corporation the entire bi-weekly premium due at least one (1) month in advance. See Article XIII, Section C for retirement allowance. Failure to comply with the requirement to provide the employee’s premium contribution to the School Corporation on a timely basis will cause coverage to terminate. Prior to termination, the School Corporation will provide a minimum of thirty (30) days notice of termination in writing to the employee.
I. Payroll Deduction
Deductions presently in effect for annuities, Credit Union, savings bonds, and insurance plans shall be continued and when authorized by the employee, new deductions may be approved by the Board. Employees shall have the right to revoke such authorization.
J. Benefits Governed by Plan or Policy Language
The benefits of the above plans are subject to the provisions contained in the plan or policy.
ARTICLE XXXI
BOARD RIGHTS
The Board construes, and the Association recognizes, that the provisions of this Agreement constitute limitations and are the only limitations upon the Board’s right to manage the school
48 district, and that the Board has the responsibility and authority to manage and direct all the operations of the school district to the full extent vested in it by the laws of the State of Indiana.
ARTICLE XXXII
TERM OF AGREEMENT
This Agreement, unless otherwise set forth specifically in the Agreement, shall become effective January 1, 2014 and shall continue in effect to 11:59 p.m., December 31, 2014 subject to the following:
If no agreement on a new Agreement is reached and ratified by the parties on or before December 31 of the year this Agreement expires, then the entire Agreement shall remain in effect on a status quo basis through December 31 of the following year, or until a new Agreement is reached and ratified by the parties, subject to the terms of the new Agreement, whichever occurs first.
This Agreement is made and entered into this ____ day of ______, 20__, by and between the Board and the Association, as defined herein, and is attested to by the representatives whose signatures appear below:
VIGO COUNTY SCHOOL CUSTODIAL BOARD OF SCHOOL TRUSTEES FOR AND MAINTENANCE ASSOCIATION THE VIGO COUNTY SCHOOL CORPORATION
______President President
______Secretary Secretary
______Chief Spokesman Chief Spokesman
2541304_1
49 Custodial/Maintenance
HOURLY WAGE SCHEDULE
APPENDIX A
CUSTODIAL MAINTENANCE
HOURLY WAGE SCHEDULE
EFFECTIVE JANUARY 1, 2014
Custodial Department
Classification Position Step I Step II Step III
1 Custodian I $12.23 $12.68 $13.16 Custodian II $12.52 $12.93 $13.43 Custodian III $12.84 $13.28 $13.75
2 Head Custodian $12.85 $13.29 $13.77 Head Custodian II $12.92 $13.39 $13.89
3 Fireman/Custodian $12.93 $13.42 $13.90
Stockroom/Delivery Department
Classification Position Step I Step II Step III
1 Stockroom/Delivery $13.69 $14.13 $14.60
2 Warehouseman $16.40 $16.97 $17.53
Maintenance Department
Classification Position Step I Step II Step III
1 Maintenance $16.94 $17.59 $18.27
2 Mechanic $16.94 $17.59 $18.27
3 Maintenance Asst. $9.62 $9.97 $10.37
50 APPENDIX B
SICK LEAVE BANK CRITERIA
1. The purpose of the Sick Leave Bank is to relieve employees from undue financial burdens due to absence from work on a long-term basis due to personal illness, injury or incapacitation sufficiently severe that it would make their presence in the school inadvisable.
2. The employee or his representative must make written application to the Director of Human Resources, and it shall be accompanied by a physician’s statement describing the illness and a prognosis for a date of return to work.
3. The days in the Sick Leave Bank cannot be granted retroactively.
4. If the days are granted an employee from the Sick Leave Bank, such benefit shall begin on the sixth (6th) day following the expiration of all Sick Leave Bank, personal leave, and vacation days available to the employee.
5. All other contractual leave days shall be waived while drawing from the Sick Leave Bank.
6. An employee may be granted up to twenty-five (25) days from the Sick Leave Bank in response to his/her initial application. If, after the original twenty-five (25) days, the employee is unable to return, he/she may submit a second application and may be granted up to twenty-five (25) additional days. The second twenty-five (25) days will only commence after five (5) work days have elapsed following expiration of the first twenty- five (25) days. The second application must be accompanied by a second statement from his/her physician as described in Section 2.
7. Paid holidays shall not be charged against the Sick Leave Bank, but shall be compensated for under the terms of this Agreement.
8. Except as contemplated above in Paragraph 6, an employee may only use a Sick Leave Bank one time for any one illness, injury, or incapacitation. Recurring incapacitations attributable to conditions related to a previous basis for Sick Leave Bank within the preceding three hundred sixty-five (365) calendar days will not be considered. Multiple Sick Leave Bank leaves will be granted for distinguishable illnesses, injuries, or incapacitations. The three hundred sixty-five (365) calendar day period shall commence the first day following the last Sick Leave Bank days used.
9. Participation in the Sick Leave Bank shall be voluntary for all members under this agreement and shall continue from year to year unless the participating member resigns from the Sick Leave Bank or leaves the employment of the school employer. Participating members may resign from the Sick Leave Bank by providing written notice
51 to the Human Resources Director or by refusing to contribute an additional sick leave day on request as provided in subsection d of this item.
10. A member who is not a participant in the Sick Leave Bank may join the bank during an annual enrollment period consisting of the first two weeks in August by notifying the Human Resources Directors office on a form provided by said office. A nonparticipating member not making a timely notification will not be eligible for participation in the Sick Leave Bank during that year. A member hired during the school year may join the Sick Leave Bank by providing written notification to the Human Resource office, on a form provided by said office, that the member wishes to participate.
52 APPENDIX C
GRIEVANCE FORM
Name of Grievant(s) Seeking Relief: ______
______
Date of Alleged Violation: ______
Name of Other Employee(s) Involved, if any: ______
______
Identification of Specific Provisions of Agreement Violated or Misinterpreted: ______
______
Statement of Facts Giving Rise to the Grievance and Contention of Grievant:______
______
______
Specific Relief Requested: ______
______
Signature of Association Representative Signature of Grievant(s) Seeking Relief
______
Received By: ______Date: ______
Level of Process and Referral Date:
( ) Principal ( ) Director of Facility ( ) Director of Human Support and Transportation Resources
Received Date: ______Received Date: ______Received Date: ______
Decision Date: ______Decision Date: ______Decision Date: ______
By: ______By: ______By: ______
53