Canton, Massachusetts · Saved source text
AFSCME School Custodian Maintenance Employees
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Source page 1
CANTON PUBLIC SCHOOLS
CANTON, MASSACHUSETTS
ADDENDA TO
Settlement Agreement
William Dickie
7/112015 — 6/30/16
The attached Settlement Agreement, dated 09-14-2012, covering the period July
1, 2012 — June 30, 2015, is hereby amended is herby amended as follows:
1. Condition 2, Reemployment on a Part-time Basis, is herby amended to
change the end of the employment period from 06-30-2015 to 06-30-2016.
2. Condition 2a, Reemployment on a Part-time Basis: is herby amended to
change the hourly Rate from $32.90 to $33.56.
All other terms and conditions of the settlement agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, THE PARTIES HERETO SIGN AND SEAL THIS
ADDENDA TQ THE SETTLEMENT AGREEMENT AND DUPLICATE THEREOF,
ON THIS / DAY OF Qo [u ne
tle DL
A. Henderson Mion. Ma Dickie
Interim Superintendent of Schools
d
pf. ——
For the UnionSource page 2
SETTLEMENT AGREEMENT This AGREEMENT is made by and between the Canton Public Schools; Canton Schools Custodian Association, AFSCME, Council 93, Local 362 Canton Chapter (“Union”), and William Dickie (“Mr. Dickie”) (hereinafter collectively referred to as the “Parties”). Whereas, the Employer and the Union are parties to a collective bargaining agreement covering Custodial and Maintenance Personnel, including the position of Master Plumber (the “Unit”) for the period of October 1, 2012 through September 30, 2015 (“Contract”); and WHEREAS, the Parties desire to resolve all issues that relate to or arise out of Mr. Dickie’s employment with the Canton Public Schools (“Employer”) and retirement from his full-time position as a Master Plumber — without need for arbitration or other litigation; and NOW, THEREFORE, the parties in full consideration and understanding of the promises and covenants set forth in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: 1. Retirement. Mr. Dickie hereby submits his resignation from his full-time position as a Master Plumber, effective September 30, 2012 and Employer hereby accepts Mr. Dickie’s resignation. 2. Reemployment on Part-Time Basis. In consideration for Mr. Dickie’s resignation from his * -time position, Employer agrees to employ Mr. Dickie on a part-time basis to perform services as a mber for each of Fiscal Years 2013, 2014, 2015 subject to the parameters set forth below: (a) Mr. Dickie will be paid at the current hourly rate of $32.90 for 960 hours per year, approximately 18.47 hours per week over 52 weeks. (b) Mr. Dickie’s hours of work may vary from week to week, as determined by the Superintendent of Schools or his/her designee following consultation with Mr. Dickie, not to exceed 40 hours in any work week. The Employer will limit Mr. Dickie’s assigned work hours in any calendar year to the maximum necessary to preserve Mr, Dickie’s eligibility to collect retirement benefits pursuant to the Commonwealth’s retirement laws and regulations and any amendments thereto. (c) The Employer may discharge Mr. Dickie for just cause. Mr. Dickie will receive 36.94 hours of vacation time and 18.47 hours of sick time per year. Mr Dickie will receive a monthly truck allowance of $100, and receive an annual longevity stipend of $362.50. 3. Release. a) Conditioned upon the their compliance with the terms of this Agreement, the Parties, for themselves and others who may file claims on their behalf, mutually and unconditionally release and forever discharge each other and their agents and employees from any and all claims, demands, causes of action, liabilities, debts, or expenses of any nature whatsoever, grievances or charges, known or unknown, arising in law or in equity, in court or administrative agencies, against each other or any of their members, agents and employees arising out of or in any way related to Mr. Dickie’s employment or resignation from employment. Is v-erstood that no claims have been excluded from this General Release. b) By signing this Release, it is expressly agreed and understood and acknowledged that Mr. Dickie: (1) has been informed that, since he is 40 years of age or older, he has or might have specific rights and/or claims under the Age Discrimination in Employment Act of 1967. He specifically waives such rights Page 1 of 2
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_4 claims to the extent that such rights or claims arose prior to the date this Release is executed; (2) has been advised to and has had the opportunity to consult with an attorney prior to executing this Release; (3) has been advised that he has twenty-one (21) days within which to consider this Release and its Release provisions, and that, in the event Mr. Dickie signs this Agreement with Release prior to the end of the 21 day period, such signing shall constitute notice of intent to waive his right to consider the agreement for 21 days; and (4) has further been advised that he has the right, as a term of this agreement to rescind it at any time within seven (7) days following his execution of it, and that this agreement will not become effective or enforceable until that period for rescission has expired. In signing this Release, Mr. Dickie further acknowledges that it is written ina manmer that Mr. Dickie understands and that it is part of an agreement by which he is receiving money and other things of value that he would not otherwise be entitled to receive. Mr. Dickie also acknowledges that he has been properly and fairly represented by the Union in this matter. 4. Position Not in Unit. The parties agree that Mr. Dickie’s part-time position under this Settlement Agreement shall not be considered part of the Unit, and the Contract shall thus not apply. 5. No Admission nor Precedent. By entering into this Agreement, no Party admits or concedes any facts or arguments. This Agreement shall be without precedent for any other matter. This Agreement is signed by each Party below as a sealed instrument and shall be governed by the laws of the Commonwealth of Massachusetts. 6. Entire Agreement. This Settlement Agreement constitutes the entire Agreement between the ties as to all subject matter referred to herein and this Agreement may not be amended or modified except uough a written instrument executed by the parties. OF, the Parties have affixed their hands and seals to three (3) copies of this G/L A |e dj j ate gf Granatino, Superifitendent Canton Public Schools Date or the Employer WY 2 For the Union Date Page 2 of 2
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Memorandum of Agreement Canton School Committee/Canton Schools Custodian/Maintenance Union, AFSCME, Council 93, Local 362, Canton Chapter The parties hereby enter this agreement to extend the Collective Bargaining Agreement (ending June 30, 2015) through June 30, 2018, with the following amendments: Article 2 TERM: Revise to read as follows: TERM: Three (3) year Agreement effective July 1, 200875 through June 30, 20H18. Articte 4 WAGE SCHEDULES: Revise Appendix A to reflect the following increases: FYI6 ~ 2%, FY17- 2%, FYI8 - 2%, Article 11 OVERTIME: Add new section as follows: d. Overtime paytients shall be calculated and paid ona weekly basis. Article16 = SHOE/CLOTHING ALLOWANCE: Revise to read as follows: SHOE/CLOTHING ALLOWANCE: The Committee will provide (at its expense) four (4) shirts each year, provided that the Employee will have the option of selecting whether such shirts will be t-shirts and/or long sleeve shitts. Such shirts must be worn at all times. In addition, the Committee will provide two sweatshirts per year, one with a hood, the other without. A receipt for the purchase of work shoes or clothing must be presented to the Office of the business Administrator and reimbursement shall not exceed two hundred fifty dollars ($250) per work year. Reimbursement for shoes or clothing purchased by new hires shall be prorated based on the number of actual workdays to June 30. Shoes or clothing may be purchased using School Department purchase orders, as appropriate. In addition, employees may purchase one (1) heavy-duty winter Jacket for use during inclement weather, the cost of which will be reimbursed by the Committee, provided that the cost of said winter jacket shall not exceed one hundred fifty dollars ($150) and no employee shall be entitled to reimbursement Jor more than one (1) winter jacket during any two (2) consecutive academic years. The Employer will provide each Head Custodian with the schoo! department's monthly schedule for bill processing in order to allow employees to submit receipts for payment in accordance with that schedule. Article 22 PAID HOLIDAYS: Revise to read as follows: PAID HOLIDAYS: Independence Day, Labor Day, Columbus Day (observed), Thanksgiving Day, Friday immediately following Thanksgiving Day, a half-day for Christmas Eve (so long as school is not in session that day), Christmas Day, New Years Day, Martin Luther King’s Birthday (observed), Washington’s Page 1 of 4
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Article 24 Article 26 Article 27 Birthday (observed), Good Friday, Patriots Day (observed), and Memorial Day (observed). The Friday after Thanksgiving will be treated as a “floating” holiday: The Director of Facilities will determine how many people he will need on that day and ask members of this bargaining unit if they wish to work, beginning with the most senior member of the bargaining unit. Any person who works this day shall receive another day of his choosing to have off, with pay, in exchange for working this day. The date of the day selected must be given in writing to the Director of Facilities on or before December | immediately following the Friday. after Thanksgiving. When Christmas Day falls on a Thursday, Friday, December 26" shall be treated as a floating holiday in the same manner as the Friday immediately following Thanksgiving. Any person who works on Friday, December 26" under this provision shall receive another day of his or her choosing to have off, with pay, in exchange for working this day. The date of the day selected must be given in writing to the Director of Facilities on or before January I" of the succeeding calendar year. SICK LEAVE BUY-BACK: Revise to read as follows: SICK LEAVE BUY-BACK: If an employee covered by this Contract has completed ten (10) years of service, retires from the Canton Public Schools, and is accepted into the Norfolk County Retirement Plan, he shall receive $40 per day for all unused sick leave in excess of 19070 days, up to a maximum of $4,0004,500. Any employee who uses five or fewer days of his sick time within a July 1 - June 30 period shall be paid a $290250 bonus in the first appropriate paycheck following June 30. This provision shall not apply to employees hired after July | in any contract year. It is understood that use of sick time due to a workplace injury will not be counted as “use of sick time” for the purposes of earning the bonus under this paragraph. PERSONAL BUSINESS LEAVE: Revise to read as follows: PERSONAL BUSINESS LEAVE: Three (3) days with pay may be used per work year for personal matters, which require the employee’s absence during regular work hours. These days shall not be deducted from accumulated sick leave or vacation leave. Application for a personal business day must be made in writing to the Superintendent or his designee through the Director of Facilities, at least forty-eight (48) ewertyfour-24 hours prior to the day requested, except in the case of an emergency. A reason for these days need not be stated. VACATION LEAVE: Revise to read as follows: Page 2 of 4
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Article 28 New Article New Article VACATION LEAVE: All employees in good standing will be credited with the maximum number of vacation days to which they are entitled as noted in a-d, below, on each July 1. a. Year 1 through end of year 5 10 days maximum b. Start of year 6 through the end of year 10 15 days maximum e. Start of year 11 through end of year 20 20 days maximum d. Start of year 21 245 days maximum e, Vacation schedules are subject to the prior approval of the Superintendent or his designee. Preference for vacation dates will be granted on the basis of employee seniority. Except in the case of an emergency, requests for vacation must be made at least five calendar days in advance. INSURANCE BENEFITS: Eliminate second paragraph and replace with the following: The group health insurance plan shall be that set forth in the Memorandum of Agreement pursuant to 801 CMR 52. 04(4) by and between the Town of Canton and the Canton Public Employee Committee, as may be amended ‘from time to time. PHONE STIPEND: Add the following provision: PHONE STIPEND: If an employee is issued a district-owned mobile phone to be used in the fulfillment of his or her employment responsibilities that is nota “smart phone,” the employee wil! have the option to forego the issuance of that district-owned mobile phone and instead receive a $50.00 per month stipend for the purposes of offsetting the cost of his or her personal mobile phone being used in the performance of his or her employment responsibilities. By accepting the $50.00 per month phone stipend, an employee will agree to provide work-related data contained on the employee’s personal phone upon request by the superintendent, MILITARY SERVICE LEAVE: Add the following provision: Employees are subject to the protections of Chapter 149, Section 52A, Massachusetts General Laws. An Employee leaving the service of the Committee to serve the federal or state government in its armed forces shall retain his seniority during such service and shall be returned to employment by the Committee as provided by law. This provision shall not apply to any Employee who has been hired to Jill the position vacated by any Employee serving the federal or state government in its armed forces, In addition to the above amendments to the collective bargaining agreement, the parties further agree as follows: Page 3 of 4
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In the event the School Committee approves a wage increase for any other bargaining unit that exceeds 6% over a three year period beginning July 1, 2016, then the parties agree to reopen for the purpose of further bargaining in over wages only. In the event the Schoo] Committee approves a provision in another collective bargaining agreement permitting more than five (5) sick leave days to be used in instances of illness to an employee’s immediate family beginning on July 1, 2015, the parties agree to reopen for the purpose of further bargaining over family sick leave only. A compilation the parties’ Collective Bargaining Agreement, in its entirety, will be generated following ratification of this Memorandum of Agreement by both parties. This Memorandum of Agreement, having been ratified by the parties, is hereby signed and sealed by their duly authorized representatives. The parties recognize and agree that all proposals/counterproposals regarding changes to the Collective Bargaining Agreement not embodied in this Memorandum have been dropped. CANTON SCHOOL COMMITTEE CANTON SCHOOLS CUSTODIAN/MAINTENANCE UNION AFSCME COUNCIL 93, LOCAL 362, CANTPN CHAPT, (eve “NM Les Ge _fu 201s Signature Date Signature Date Signature Date Page 4 of 4
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Memorandum of Agreement Canton School Committee/Canton Schools Custodian/Maintenance ™ Union, AFSCME, Council 93, Local 362, Canton Chapter The parties hereby enter this agreement to extend the Collective Bargaining Agreement (ending June 30, 2012) through June 30, 2015, with the following amendments: Article 2 - Term. Amend to provide for a 3 year agreement, effective July 1, 2012 through June 30, 2015. Article 4 - Wage Schedules. Revise Appendix A to reflect the following increases: FY13 - 2%, FY14 - 2%, FYI5 - 2%. Article 16 - Shoe/Clothing Allowance. Revise to read as follows: The Committee will provide (at its expense) four (4) shirts each year, provided that the Employee will have the option of selecting whether such shirts will be t-shirts and/or long sleeve shirts. Such shirts must be worn at all times. In addition, the Committee will provide two sweatshirts per year, one with a hood, the other without. A receipt for the purchase of work shoes or clothing must be presented to the Office of the business Administrator and reimbursement shall not exceed two hundred fifty dollars ($250) per work year. Reimbursement for shoes or clothing purchased by new hires shall be prorated based on the number of actual workdays to June 30. Shoes or clothing may be purchased using School Department purchase orders, as appropriate. The Employer will provide each Head Custodian with the school department's monthly schedule for bill processing in order to allow employees to submit receipts for payment in accordance with that schedule. Article 28 - Insurance Benefits. Update and revise to reflect current plans and co-pays for health insurance. Article 30 - Shifts. Revise Subsection C to read as follows: c. Employees receiving night differentials may work either shift h, i, orj, above. However, prior approval, which is incontestable, must be given by the Superintendent or his designee and said approval may be rescinded at any time, without recourse. Prior to changing the shift assignment of a current Employee from shifts a through h above to shifts i or j above, the Superintendent shall provide the Employee with ninety (90) days notice of such change. This Memorandum of Agreement, having been ratified by the parties, is hereby signed and sealed by their duly authorized representatives. The parties recognize and agree that all proposals/counterproposals regarding changes to the Collective Bargaining Agreement not embodied in this Memorandum have been dropped. CANTON SCHOOL COMMITTEE CANTON SCHOOLS CUSTODIAN/MAINTENANCE UNION, AFSCME COUNCIL 93, LOCAL 362, CANTON CHAPTER A ry, gn (9rd. me BZ. f Signature Date Signature Date & Signature Date Rb/canton/cus-12-neg/12-06-28-moa-custodian
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Memorandum of Agreement Canton School Committee/Canton Schools Custodian/Maintenance Union, AFSCME, Council 93, Local 362, Canton Chapter The parties hereby enter this agreement to extend the Collective Bargaining Agreement (ending June 30, 2011) through June 30, 2012, with the following amendments: Article 4 — Wage Schedules: Wages in effect during the period ending June 30, 2011 will remain in effect through June 30 2012 (i.e., no salary increase (0%) for FY 2012). It is understood that if any other bargaining unit in the schools or town negotiate a wage increase for FY 2012, then the parties agree to reopen for wages orily for FY 2012. Article 21 — Representation: Change term “President” to “Chapter Chair.” Article 22 — Paid Holidays: Add the following: A holiday set forth above that falls on a Saturday or Sunday will be recognized, respectively, on the preceding Friday or subsequent Monday, so long as school is not in session. In the event school is in session on that Friday or Monday, the Employer and the Union will cooperate to designate an alternative day for recognition of the holiday, either for the entire unit or on an individual basis. Article 26 — Personal Business Leave: Revise part c to read as follows: c. At the close of each work year, if an employee has not used his personal day(s) during that year, the day(s) shall be added to the employee’s sick leave accumulation. The maximum number of personal days that may be added to accumulated sick leave at any one time is three (3). This Memorandum of Agreement, having been ratified by the parties, is hereby signed and sealed by their duly authorized representatives. The parties recognize and agree that all proposals/counterproposals regarding changes to the Collective Bargaining Agreement not embodied in this Memorandum have been dropped. (Ao KS, trv Gre a NTON SCHOOL COMMITTEE CANTON SCHOOLS CUSTODIAN/MAINTENANCE UNION, AFSCME, COUNCIL 93, LOCAL 362, CANTON CHAPTER at, AY A/S/ Tul Ji Qo Date J ‘ Date O
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Memorandum of Agreement Canton School Committee/Canton Schools Custodian/Maintenance Union, AFSCME, Council 93, Local 362, Canton Chapter The parties hereby enter this agreement to extend the Collective Bargaining Agreement (ending June 30, 2011) through June 30, 2012, with the following amendments: Article 4 Wage Schedules: Wages in effect during the period ending June 30, 2011 will remain in effect through June 30 2012 (i.e., no salary increase (0%) for FY 2012). It is understood that if any other bargaining unit in the schools or town negotiate a wage increase for FY 2012, then the parties agree to reopen for wages only for FY 2012. Article 21 — Representation: Change term “President” to “Chapter Chair.” Article 22 — Paid Holidays: Add the following: A holiday set forth above that falls on a Saturday or Sunday will be recognized, respectively, on the preceding Friday or subsequent Monday, so long as school is not in session. In the event school is in session on that Friday or Monday, the Employer and the Union will cooperate to designate an alternative day for recognition of the holiday, either for the entire unit or on an individual basis. Article 26 — Personal Business Leave: Revise part c to read as follows: c. At the close of each work year, if an employee has not used his personal day(s) during that year, the day(s) shall be added to the employee’s sick leave accumulation. The maximum number of personal days that may be added to accumulated sick leave at any one time is three (3). This Memorandum of Agreement, having been ratified by the parties, is hereby signed and sealed by their duly authorized representatives. The parties recognize and agree that all proposals/counterproposals regarding changes to the Collective Bargaining Agreement not embodied in this Memorandum have been dropped. : piaauniaunions (Ac Sen aa gee ve (TON SCHOOL COMMITTEE CANTON SCHOOLS CUSTODIAN/MAINTENANCE UNION, AFSCME, COUNCIL 93, LOCAL 362, CANTON CHAPTER ful, QS aor ot Date) 7 7 ra ioe roll
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sie 9/16/29 AGREEMENT BETWEEN THE CANTON SCHOOL COMMITTEE AND THE CANTON SCHOOLS CUSTODIAN/MAINTENANCE UNION, AFSCME, COUNCIL 93, LOCAL 362 CANTON CHAPTER July 1, 2008 through June 30, 2011
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9 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. TABLE OF CONTENTS Page Wage Schequles.....-.sssesssscssccnmecesseen New Hires.......-s0s0 Step Advancement ........ Changing Grades....... Working Out Of Grade Longevity Pay........... Differentials Overtime ........s.reereeers Stipends For Identified Licenses. License Fees....... Mileage Professional Advancement Shoe/Clothing Allowance. Payroll Deduction.......ssssccsssssseessoeee Dues.. Agency Service Fee .............0esnascevesoee Union Meeting............
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21 22. 23. 24. 26. 27. 28. 29. 30. 31. 32. 33. 34, 35. 36. 37. Representation...........ssvesersseses Paid Holidays. Sick Leave POLICY....ssssssecsscsveeseerseseneen Sick Leave Buy-Back... Bereavement Leave.. Personal Business Leave..... Vacation Leave sss Insurance Benefits. Seniority............. Shifts. Layoff And Recall Procedures Discrimination... Employee Files And Records ...... Probationary Period, Discipline, and Discharge... Performance Evaluation....... Grievance Procedure ........ssssssssoessseesee Funding .evssseceeseneeesen
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THIS AGREEMENT is made on thehVhay opdeg roe» by and between the Canton School Committee, hereinafter referred to as the “Cofnmittee”, and the Canton Schools Custodian/Maintenance Union, AFSCME, Council 93, Local 362, Canton Chapter, hereinafter referred to as the “Union”. In consideration of the promises herein contained, the parties hereto mutually agree as follows: iH RECOGNITION CLAUSE: The Committee recognizes the Union as the exclusive representative for the purposes of collective bargaining with respect to wages, hours, and other conditions of employment. The unit consists of the following employees: all building custodians, building maintenance workers, bus driver/maintenance workers, lead maintenance workers (AM and PM), HVAC/electrician, master plumber, plumbers helper, head building custodians and night supervisor, but excluding the Director of Maintenance, all managerial, confidential and casual employees and all other persons employed by the Committee. It is understood that the terms “he” and “his” as used in this contract refer to all genders. 2. TERM: Three (3) year Agreement effective July 1, 2008 through June 30, 2011. 3. GRADES: In recognition of the differences in required skills to properly perform the duties of the various positions within the unit, and the differences in responsibilities among the various positions, four (4) grades are hereby established for custodial and maintenance personnel covered by this contract as follows: GRADE 9: Building Custodian GRADE 10: Building Maintenance Worker and Bus Driver/Maintenance Worker GRADE 11: Head Building Custodian, Night Supervisor, Lead Maintenance Worker a.m. and p.m., Plumbers Helper GRADE 15: Master Plumber, HVAC/Electrician (Masters License) 4. WAGE SCHEDULES: Attached are the wage schedules for each Grade i in effect for the term of this Contract (See Appendix A). bs NEW HIRES: New hires will generally start on Step 1 of their grade and schedule. However, the Superintendent has the discretion to determine the most appropriate step for placement of a new hire. 1 of 15
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STEP ADVANCEMENT: Ali employees shall move to the next step as a result of a satisfactory annual evaluation. a. If hired between July 1 and December 31, inclusive, the hire will advance to the next step the following July 1 (if hired on 10/01/02, advancement to step 2 will be on 7/1/03). If hired between January 1 and June 30, inclusive, the hire will advance to the next step on July 1 after the first July 1 of employment (if hired 02/01/03, advancement to step 2 will be on 07/01/04). CHANGING GRADES: a. If any employee moves to a higher grade, he shall be placed on the first step within the higher grade that results in a minimum increase in hourly compensation as outlined in 1) below. The step on the higher grade may or may not be the same step the employee was on at the lower grade. For purposes of step advancement, the employee’s anniversary date shall be the effective date of the employee’s placement at the higher grade. This date shall be known as the “constructive hire date.” However, for purposes of seniority within the Custodian Union, the employee’s original effective date of hire shall prevail and shall be teferred to as the employee's “actual date of hire.” 1) Minimum increases in pay: Grade 9 -+ $0.38 per hour Grade 10 - + $0.57 per hour Grade 11 -+ $0.19 per hour If any employee moves to a lower grade he shall be placed on the same step within the lower grade that the employee was on at the higher grade. No change shall be made in the employee’s anniversary date for purposes of step advancement within the lower grade. WORKING OUT OF GRADE: In the absence of a head custodian or night supervisor, after three (3) or more consecutive work days of an employee performing the duties specific to said position, as assigned by the Facilities Director, the employee shall be compensated at the rate of pay for such position he would receive as outlined in Article 7 above, retroactive to the first day of the assignment. 4 2 of 15
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9. 10. ll. LONGEVITY PAY: Longevity payments will commence after an employee has completed years of continuous, full time service as indicated below. Longevity payments are in addition to regular compensation and will be paid in semiannual installments -- fifty (50%) paid on or about December 15 and fifty (50%) on or about June 15. Longevity shall not be included in overtime hourly rates. after 5 years - $ 600 after 10 years - $ 725 after 15 years - $ 875 after 20 years - $1000 after 25 years - $1150 DIFFERENTIALS: a SHIFT: Paid to Grade 9 personnel and Night Supervisor only whose normal workday extends beyond 6:00 p.m. Shift differentials shall be included in overtime hourly rates. $1,090 ($.52 per hour) per year b. SPACE: Paid to Head Custodians only who are assigned to the following schools: Hansen School : $ 450 Kennedy School : $ 450 Luce School $ 650 Galvin Middle School . $ 950 Canton High School - $2,700 Space differentials shall be a part of the employee’s yearly salary and shall be included in overtime hourly rates. OVERTIME: All services normally performed by custodian and maintenance personnel in the Canton Public Schools shall be performed solely by members covered by this Contract, not limited solely to normal duty functions, but inclusive of overtime work. The use of substitutes for ill personnel or the use of students during the summer or Christmas vacation shall not be prohibited by this Article. os a Overtime assignments must first be recommended by the Director of Facilities to the Superintendent of Schools. Overtime will be requested, recommended, and approved only for purposes of utmost necessity. Call Back: Any employee called back to work on the same day after having completed his assigned shift and after having left his place of employment and before the start of his next regularly assigned shift shall be paid at the rate of time 3 of 15
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12. 13. 14, 15. 16. and a half (1 and 4) times his regular hourly rate for all hours worked on call back, subject to a minimum of two (2) hours at time and a half pay. c. Overtime pay on a Saturday shall be at time and a half(1 and %) while overtime pay on a Sunday or a holiday listed in Article 22 shall be at double time. STIPENDS FOR IDENTIFIED LICENSES: a Bus Drivers. Grade 10 and 11 personnel classified as bus driver must meet all lawful requirements necessary to operate a school bus, including possession of Commercial Driver’s License (CDL) with school bus endorsement. Grade 10 (maintenance workers) and Grade 11 lead maintenance and plumber’s helper who have such license shall receive an annual stipend of $1,250. b. Optional Licenses. Contingent upon receipt of written approval from the Superintendent, an employee who holds a special license that is not required for the employee’s position and who is willing to perform tasks associated with that license as part of his employment will receive a stipend of five hundred dollars ($500) per year. The Superintendent’s decision regarding a stipend approval is subject to annual renewal, is within his sole discretion, and is not subject to the grievance and arbitration procedures of this Agreement. An employee who wishes to pursue a license in anticipation of receiving a stipend under this section is well advised to seek advance approval from the Superintendent. LICENSE FEES: The Employer will reimburse employees for all license and application fees associated with special licenses that are either required for their positions or that serve as the basis for a stipend that has been approved in accordance with Article 12, Section b. MILEAGE: Employees will be reimbursed for work-related mileage at the Town- approved IRS rate for mileage. PROFESSIONAL ADVANCEMENT: An employee will be reimbursed for tuition for one (1) course per fiscal year. The course must receive the prior approval of the Superintendent or his designee, including the school the employee will be attending. SHOE/CLOTHING ALLOWANCE: The Committee will provide (at its expense) t- shirts and long sleeve shirts, which must be wom at all times. In addition, the Committee will provide two sweatshirts per year, one with a hood, the other without. A receipt for the purchase of work shoes or clothing must be presented to the Office of the business Administrator and reimbursement shall not exceed two hundred fifty dollars ($250) per work year. Reimbursement for shoes or clothing purchased by new hires shall be prorated based on the number of actual workdays to June 30. Shoes or clothing may be purchased using Schoo] Department purchase orders, as appropriate. The Employer will provide each Head Custodian with the school department's monthly schedule for bill 4 of 15
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17. 18. 19. 20. 21. 22. processing in order to allow employees to submit receipts for payment in accordance with that schedule. PAYROLL DEDUCTION: The Employer shall deduct dues and initiation fees from the wages of the employees covered by this Agreement when the Employer has received from the employee a signed check-off authorization card. The Union and any employee covered by this Agreement agree to indemnify and hold harmless the Employer against any and all claims, demands, suits or liability that might arise out of or by reason of action taken or not taken in respect to the deduction of dues and initiation fees. The Employer will supply to the Union a weekly deduction register listing the amount of dues and/or initiation fees made. DUES: All Union members covered by this Agreement must either pay their yearly dues in one lump-sum on or before July 15 each year or dues will be automatically deducted in twenty-six (26) equal payments between July 1 and June 30. AGENCY SERVICE FEE: Consistent with applicable laws, it shall be a condition of employment that every employee who is not a member of the Union shall pay an agency service fee. An agency service fee shall be deducted each month by the Employer from the salary of each employee in the bargaining unit other than those paying dues pursuant to the previous Article. Said service fee shall be a sum equal to the amount fixed in writing by the Union and shall be paid over promptly to the Treasurer of the Union on a monthly basis. The Union agrees to indemnify the Employer for any and all damages or other financial loss which the Employer may be required to pay or suffer by an administrative agency or court of competent jurisdiction as a result of the Employer’s compliance with this Article. UNION MEETINGS: The Union may hold two (2) meetings a year with the prior approval of the Superintendent or his designee. REPRESENTATION: The President of the Union shall be present at all matters concerning problems with an Union member when meeting with the Superintendent or his designee, provided that the Union member makes a written request to the President at least 48 hours in advance of the scheduled meeting. PAID HOLIDAYS: Independence Day, Labor Day, Columbus Day (observed), Thanksgiving Day, Friday immediately following Thanksgiving Day, a half-day for Christmas Eve (so long as school is not in session that day), Christmas Day, New Years Day, Martin Luther King’s Birthday (observed), Washington’s Birthday (observed), L / Good Friday, Patriots Day (observed), and Memorial Day (observed). ies c obey G ) The Friday after Thanksgiving will be treated as a “floating” holiday: The Director of Facilities will determine how many people he will need on that day and ask members 5 of 15
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23. 24. of this bargaining unit if they wish to work, beginning with the most senior member of the bargaining unit. Any person who works this day shall receive another day of his choosing to have off, with pay, in exchange for working this day. The date of the day selected must be given in writing to the Director of Facilities on or before December 1 immediately following the Friday after Thanksgiving. SICK LEAVE POLICY: a. All personnel shall be entitled to a maximum of fifteen (15) days sick leave per work year with full pay. Sick leave shall be accumulated at the rate of 1 and % days per full month of employment. The number of sick leave days an employee may accrue shall be unlimited. L An Employee in Good Standing is one who has been employed at least one (1) full year and who during that time, has demonstrated prudent and non-abusive use of sick, personnel business, and vacation leave, as solely determined by the Superintendent or his designee and the President of this bargaining unit or his designee. An employee’s “good standing” may be revoked at any time and at the sole discretion of the Superintendent or his designee and the President of this bargaining unit or his designee. ~ 2. All employees in good standing will be credited with fifteen (15) days of sick leave each July. b. An employee, after being out sick more than three (3) consecutive work days must submit to the Director of Facilities a written statement from a physician affirming that personal ill health makes extended absence necessary. The School Department may require physical examinations by a physician of its own choosing in cases of habitual absenteeism, said exams to be paid for by the Committee. c. Up to five (5) days a year may be used from accrued sick leave in the case of illness to a member of the employee’s immediate family, i.e., those residing in the same household, with the prior approval of the Director of Facilities and the Superintendent or his designee. A certificate from a physician may be required. SICK LEAVE BUY-BACK: If an employee covered by this Contract has completed ten (10) years of service, retires from the Canton Public Schools, and is accepted into the Norfolk County Retirement Plan, he shall receive $40 per day for all unused sick leave in excess of 100 days, up to a maximum of $4,000. Any employee who uses five or fewer days of his sick time within a July 1 - June 30 period shall be paid a $200 bonus in the first appropriate paycheck following June 30. This provision shall not apply to employees hired after July 1 in any contract year. It is 6 of 15
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25. 26. 27. understood that use of sick time due to a workplace injury will not be counted as “use of sick time” for the purposes of earning the bonus under this paragraph. BEREAVEMENT LEAVE: In case of death during the work year of any member of an employee’s family (grandparent, grandchild, brother, sister, brother-in-law, sister-in-law, mother-in-law, or father-in-Jaw), no reduction of salary or reduction in accumulated sick leave shall be made for an absence not exceeding three(3) work days. In case of death during the work year of an employee’s spouse, parent, child, relative living with the family, or life partner living with the family, no reduction of salary or reduction in accumulated sick leave shall be made for an absence not exceeding five (5) workdays. In case of death during the work year of an employee’s nephew, niece, or other relative not mentioned elsewhere in this Article, one (1) day’s leave without loss of pay or accumulated sick leave shall be granted on the day of the funeral. PERSONAL BUSINESS LEAVE: Three (3) days with pay may be used per work year for personal matters, which require the employee’s absence during regular work hours. These days shall not be deducted from accumulated sick leave or vacation leave. Application for a personal business day must be made in writing to the Superintendent or his designee through the Director of Facilities, at least twenty-four (24) hours prior to the day requested, except in the case of an emergency. A reason for these days need not be stated. a Although the benefits of this article may be used to extend a holiday or vacation period, the School Business Administrator or the Director of Facilities shall have the right to limit the number of requests made for a particular date. b. Three (3) personal business days will be credited to employees in good standing each July. c. At the close of each work year, if an employee has not used his personal day(s) during that year, the day(s) shall be added to the employee’s sick leave accumulation. The maximum number of personal days that may be added to accumulated sick leave at any one time is two (2). VACATION LEAVE: All employees in good standing will be credited with the maximum number of vacation days to which they are entitled as noted in a-d, below, on each July 1. a. Year 1 ugh end of year 5 : 10 days maximum b. Start of year 6 through the end of year10 15 days maximum c. Start of year 11 through end of year 20 20 days maximum d. Start of year 21 21 days maximum Graduated, adding one day each year to 25 days maximum 7 of 15
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28. e. Vacation schedules are subject to the prior approval of the Superintendent or his designee. Preference for vacation dates will be granted on the basis of employee seniority. £ If a negotiated paid holiday(s) falls within an employee’s approved vacation period, a vacation day shall not be deducted from the employee’s accumulated vacation leave for said holiday(s). g All vacation leave must be used by June 30 and no vacation days shall be carried forward into a new fiscal year except with the prior written approval of the Superintendent or his designee. Said approval will be granted only under the most unusual of circumstances, and without exception, no more than five (5) vacation days will be allowed to carry forward into a new fiscal year. h Upon the effective date of hire, a new employee will be credited with vacation leave prorated based on the number of days of employment within the fiscal year of hire. The employee will not be eligible to use said vacation days until after June 30 of the fiscal year of hire. i An employee who is separated from the employ of the School District shall be paid for all unused vacation days in a lump sum. In case of death, payment shall be made to the deceased employee’s estate. INSURANCE BENEFITS: The Committee will provide a plan of group life, accidental death and dismemberment and general or blanket hospital, surgical, and medical insurance as authorized under the provisions of G.L. Chapter 32B. The Committee will pay seventy-five (75%) of the premium and the employee will pay twenty-five (25%) of the premium for the indemnity plan and for all HMO’s. Dental insurance shall also be paid seventy-five (75%) by the Committee and twenty-five (25%) by the employee. The following health insurance changes will go into effect on January 1, 2006: a. Effective on January 1, 2006, the BC/BS PPO (Blue Care Elect) will be made available to all bargaining unit employees and to all other employees in the Town. The current Harvard and BC/BS Master Medical plans will also continue to be available to those employees who prefer to be enrolled in those plans in lieu of a salary increase. 8 of 15
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29. 30. The new salary schedules for 2004-2007 will apply only to those bargaining unit members who are not enrolled either in the BC/BS Master Medical plan or the Harvard Pilgrim HMO as of January 1, 2006. Unit members who choose to remain in or enroll in either of these two plans at any time after January 1, 2006 will be placed on the Master Medical/Harvard salary schedule, which will be the same schedule that was in effect for the 2003-2004 contract year. Employees who opt out of the Master Medical or Harvard plans may not enroll in either of those plans during the life of this Agreement. New employees may enroll in the Master Medical or Harvard plans at the lower salary or they may choose not to enroll in one of those two plans and thus be placed on the higher salary schedule. The Town will phase out the Harvard HMO and the BC/BS Master Medical plan once all the other bargaining units in the Town have agreed to the new plan. Effective January 1, 2006, the following co-pay amounts will apply to the HMO: Prescription drugs: $10 - $20 - $35 Office visit: $15 Emergency room: $50 SENIORITY: Seniority shall be defined as the length of continuous employment from the date of first hire by the Employer. The principle of seniority shall govern and control in all cases of reduction in force and preference in assignment to shift work and choice of vacation periods. Seniority shall be broken by resignation and/or by discharge for good SHIFTS: The following are the shifts for Grade 9, 10, and 11 personnel assigned at the discretion of the Superintendent or his designee. a a. 6:00 a.m. -2:00 p.m. © f. 12:00 p.m. -8:00 p.m. b. 7:00 am. 3:00 p.m. g- 1:00 p.m. -9:00 p.m. c. 7:30 a.m. 3:30 p.m. h. 2:00 p.m. -10:00 p.m. d. 8:00 a.m. .4:00 p.m. i. 3:00 p.m. -11:00 p.m. e. 11:00 a.m. .7:00 p.m. j- 4:00 p.m. .12:00 p.m. On workdays when school is not in session (school vacations, including summer, snow days, etc.) all personnel shall work shift b, above. The Director of Facilities may ask individuals to work a shift other than b on those days. However, no shift shall extend beyond 4:00 p.m. and the individual(s) may elect, without prejudice, not to work a shift other than b, above, on workdays when school is not in session. There shall be no deviation from any aspect of this article without the prior approval of the Superintendent or his designee. 9 of 15
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31. c. Employees receiving night differentials may work either shift h, i, or j, above. However, prior approval, which is incontestable, must be given by the Superintendent or his designee and said approval may be rescinded at any time, without recourse. LAYOFF AND RECALL PROCEDURES: Preamble: The Employer retains the exclusive right to determine which positions are needed and which positions shall be eliminated. The principle of seniority shall govern and control in cases of reduction in the work force. This process is mutually established and designed to provide the opportunity for and guarantee the rights of an employee in the AFSCME bargaining unit who is notified of his layoff to bump to a title in an equal or lower grade for which he is qualified. In this Article, days shall mean calendar days unless otherwise noted. i Section 1; Notice to the Union a In the event that the Employer determines the need for a reduction in the work force, it will notify the Union at least thirty (30) days prior to the layoff. b. Within ten (10) days of that notification, the Employer shal] meet with the Union to discuss the impact of the layoff on the affected employee(s). c. At this meeting, the Employer will provide the Union with a list of positions to be laid off and a seniority list of all the employees in the bargaining unit. Section 2: Notice to the Employee(s) a. In the event of an actual layoff, the Employer will notify the least senior employee(s) i in the affected classifications in writing not less than thirty (30) days in advance of the layoff date. b. Upon notification, the Union shall give the affected employee(s) a “layoff option form” (which is attached hereto as Appendix B) outlining his (their) layoff bumping options. Section 3: Bumping Rights “ a. Any employee who has been notified that he will be laid off must file a “layoff option form” with the Employer within three (3) working days of receipt. Such form shall either initiate the employee’s right to bump to an available bargaining unit position in a title or titles in the same or lower grades in his bargaining unit for which he is qualified (provided that there is an employee junior to him in such title or titles) or indicate the employee’s decision not to bump. 10 of 15
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32. 33. An employee who is bumped from his position shall receive a minimum of thirty (30) days’ advance notice and will be accorded full bumping rights in accordance with the provisions of this Article. In the event that two (2) or more employees in a position impacted by this Article have identical seniority dates, the Employer shall determine which employee to retain based on past job performance and other qualifications. Section 4: Recall Procedures a If actually laid off, said employee(s) shall be eligible for recall for a period not to exceed twenty-four (24) months. In the event of recall, employees shall be called back in the inverse order of their layoff. Recall to Former Position - The Employer shall notify the employee by registered mail (with a copy to the Union) that he is being recalled to work, stating the expected starting date. The employee shall have fifteen (/5) days from the receipt of said recall to accept in writing. If the employee fails to respond or rejects the offer of recall, the employee shall lose all future recall rights. Recall to Other Position - The Employer shall first offer any openings to laid- off employees, if qualified, based on seniority, before hiring new employees. The Employer shall notify the laid-off employee(s) by registered mail (with a copy to the Union) of the availability of a job in a position other than the one from which the employee was laid off. Such notification shall state the expected starting date and shall advise the employee that he has fifteen (15) days from receipt to respond in writing. The laid-off employee shall have the option of accepting or rejecting the offer of a new position without waiving recall rights to his former position. DISCRIMINATION: There shall be no discrimination against any employee because of his affiliation with the Union or because of his race, creed, color, age, religion, sex, sexual orientation, national origin, disability status or veteran status. EMPLOYEE FILES AND RECORDS: a. No material relating to an employee’s misconduct, service, character, or personality shall be placed in his personnel file unless the employee has had the opportunity to read the material and also acknowledge in writing that he has read it. The employee shall have the right to answer any material filed and to include the answer within the file. 11 of 15
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The employee shall have the right, upon request at reasonable times, to examine his personne] file and to have a copy of any material in it. 34. PROBATIONARY PERIOD, DISCIPLINE, AND DISCHARGE: a. The first ninety (90) calendar days of employment shall be a probationary period. During the probationary period, an employee may be disciplined or discharged at the sole discretion of the Employer and no such actions shall be subject to the grievance and arbitration procedures. The probationary period may be extended once for a period of up to sixty (60) additional calendar days by the Director of Facilities or designee, upon notice to the employee and the union. An employee who has completed the initial probationary period shall not be suspended or discharged without good cause. 35. PERFORMANCE EVALUATION: a Employees will be supervised on an ongoing basis. Once per year, each employee will receive a formal, written evaluation. Responsibility for formal evaluation will generally be as follows: Custodian: Head Custodian and/or Night Supervisor and Principal, with input and sign-off by the Director of Facilities. Head Custodian: Principal and Director of Facilities Maintenance Staff and Night Supervisor: Director of Facilities Evaluations will conclude with an overall rating of Outstanding, Good, Satisfactory, or Unsatisfactory. In the event an employce’s formal evaluation indicates overall "Unsatisfactory" performance or in the event the employer, following one or more verbal and written wamings to the employee, otherwise formally notifies the employee that his performance is unsatisfactory, the employer will have the option of providing the employee with ninety (90) calendar days to improve his performance to satisfactory levels. The employer will provide the employee with a written improvement plan, which may include retraining. The employer will schedule a meeting with the employee and his union representative to review the plan at its inception, a second meeting to review progress near the midpoint, and a final meeting near its conclusion. At the end of the ninety (90) day period, the employee will receive a formal written evaluation, and if the employee's performance is rated as "Unsatisfactory" overall, such evaluation will constitute good cause for dismissal. It is understood that backsliding of performance to an 12 of 15
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unsatisfactory level within one year following an improvement plan resulting in satisfactory rating may also be considered good cause for dismissal. It is understood that neither evaluation ratings nor placement on an improvement plan may be grieved beyond Level III of the grievance procedure unless relied upon as the basis for discharge. It is further understood that nothing in this article restricts the employer’s authority to discharge or otherwise discipline employees for misconduct, failure to meet performance standards, or other reasons, so long as there is good cause for such discipline. 36. GRIEVANCE PROCEDURE: a. The term “grievance” shall include only those claims or disputes which allege a specific and direct violation of the express language of a specific provision of this Contract or any written amendment to this Contract. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may only be extended by mutual agreement. Ll In the event a grievance is filed on or after June 1 which, if left unresolved until the beginning of the following work year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the work term or as soon thereafter as is practicable. 2. Failure to institute a grievance within the limits set forth in the provisions of this Article shall be deemed conclusively to constitute a waiver of all rights under this Article. 3. Failure at any step of this procedure to appeal the grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. Grievances shall at all levels, including Level One, be submitted in writing. The grievance shall be signed by the employee and/or a representative of the Union, stipulating the sections of the Contract that have been violated. There shall be a ten (10) work day limit for filing a grievance, to be computed from the date of the event or condition which gave rise to the filing of the grievance or from when the individual first became aware of the condition giving rise to the grievance. Responses to the grievance shall be in writing, as specified in section e. 2 of this Article, and shall set forth the reasons for the decision. 13 of 15
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Grievance Levels: 1. Level One: A Union member with a grievance will first discuss it with his supervisor and, in the case of a custodian, his building principal, either directly or through the Union’s representative, with the objective of resolving the matter informally. Level Two: If the employee is not satisfied with the disposition of his grievance at Level One, or if no decision has been rendered within five (5) work days after presentation of the grievance, he may file a grievance, within five (5) work days thereafter, with the School Business Administrator or his designee. The Schoo! Business Administrator or his designee shall meet with the employee and an officer of the Union for the purpose of resolving the grievance. Level Three: If the employee and the officer of the Union are not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within five (5) work days after he first met with the School Business Administrator or his designee, the employee or the Union may refer the grievance to the Superintendent of Schools. Within twenty (20) workdays after receiving the written grievance, the Superintendent will meet with the employee and an officer of the Union for the purposes of resolving the grievance. Level Four: If the employee is not satisfied with the disposition of his grievance at Level Three or if no decision has been rendered within five (5) work days after he has first met with the Superintendent, he may request, in writing, that the Union submit his grievance to the School Committee. If the Union determines that the grievance is meritorious, it may submit the grievance to the School Committee within ten (10) workdays after receipt of the request from the aggrieved person. Level Five: If the employee is not satisfied with the disposition of his grievance at Level Four or if no decision has been rendered within five (5) work days after he has first met with the School Committee, he may request, in writing, that the Union submit his grievance to arbitration. If the Union determines that the grievance is meritorious; it may submit the grievance to binding arbitration within ten (10) workdays after receipt of the request from the aggrieved person. a) The rules and procedures of the American Arbitration Association shall apply, and the decision of the Arbitrator shall be final and 14 0f 15
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binding upon the parties, except that the Arbitrator shall have no power to make a decision which: 1) alters, amends, modified, adds to, or detracts from the language of this Contract; or 2) recommends a right of relief for any period of time prior to the effective date of this Contract. b) Costs of the arbitration shal] be borne equally by both parties. 1 Each written statement of a grievance at levels One, Two, and Three shall be signed by the grievant and shall include (1) a concise statement of facts or events upon which the grievance is based, including the date(s) of their occurrence, and (2) an explanation of how the grievance is related to this Contract. vs If a grievance affects a group or class of employees, the Union may submit the grievance provided the grievance has been authorized in writing by all affected members of the class, and the processing of the grievance will be commenced at either Level One or Level Two, at the Union’s option. The written statement of such a grievance at Levels Two and Three shall be submitted by the Union and shall contain an explanation as to how the grievance affects the designated group or class of employees. 37. FUNDING: The monetary provisions of this Agreement must be approved by Annual Town Meeting. IN WITNESS OF thg parties,hereto sign and seal this Agreement and a duplicate thereof this & Yékday of 009. CANTON SCHOOL COMMITTEE CANTON SCHOOLS CUSTODIAN/ MAINTENANCE UNION, AFSCME, COUNCIL 93, LOCAL 362 CANTON CHAPTER ETB Se wb y RBICANTON\CUS-08-NEGCBA-2008-201 1-09-09-17 with-TOC-final-sig, 15 of 15
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CUSTODIAN WAGE SCHEDULE FY 2009- 2.0% step grade 9 $16.11 $17.09 $18.12 $19.19 $20.34 $21.56 OAhEna FY 2010- 2.5% step grade 9 $16.51 $17.52 $18.57 $19.67 $20.85 $22.10 MAaRWNK= FY 2011- 3.0% grade 9 $17.01 $18.05 $19.13 $20.26 $21.47 $22.77 a ousenag Custodian new grade schedule- new custodians effective 11/1/07 GRADE 9 - 1111/2007 FY 09 1 15.79 16.11 2 16.42 16.75 3 17.08 17.42 4 17.76 18,12 5 18.47 18,84 6 19.21 19.60 grade 10 $17.09 $18.12 $19.19 $20.34 $21.56 $22.86 FY 10 16.51 AAT 17.86 18.57 19.31 20.09 APPENDIX A FY11 17.00 17.68 18.39 19.13 19.89 20.69 grade 11 $18.12 $19.19 $20.34 $21.56 $22.86 $24.21 grade 11 $18.57 $19.67 $20.85 $22.10 $23.43 $24.82 grade 11 $19.13 $20.26 $21.47 $22.77 $24.13 $25.56 grade 15 $22.84 $24.21 $25.65 $27.19 $28.81 $30.54 grade 15 $23.41 $24.81 $26.29 $27.87 $31.31 grade 15 $24.11 $27.08 $28.71 $30.42 $32.25