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COLLECTIVE BARGAINING AGREEMENT
The West Shore School District recognizes District Council 89 of the American Federation of State, County and Municipal Employees, AFL-CIO (the “Union”) as the sole and exclusive bargaining representative for all full-time and regular part-time blue-collar nonprofessional Employees including but not limited to bus drivers, custodial and maintenance employees and food service employees; and excluding white-collar nonprofessional employees, management level employees, supervisors, first level supervisors, confidential employees and guards defined in the Public Employe Relations Act as certified by the Pennsylvania Labor Relations Board, Case Number PERA-R-06-537-E dated December 26, 2006.
The parties recognize that it is desirable to preserve the harmonious relations between the District and the
ARTICLE 2 – UNION SECURITY AND DUES DEDUCTION
Section 1 – Each Employee who, on the effective date of this Agreement, is a member of the Union, and each Employee who becomes a member after that date shall maintain membership in the Union, provided that such employee may resign from the
a. The Employee shall send a certified letter, return receipt requested, of resignation to headquarters of District Council 89, AFSCME, AFL-CIO and a copy of the letter to the District.
b. The letter shall be postmarked during the 15 day period prior to the expiration date of this Agreement and shall state that the employee is resigning membership in the
Section 2 – The District shall deduct the Union membership dues from the pay of those employees who individually request in writing that such deductions be made. The rate at which dues are to be deducted shall be certified to the District by the
Section 3 – The Union shall indemnify, defend and hold the District harmless against any and all claims, suits, orders or judgments brought or issued against the District or the Union as a result of the action taken or not taken by the District under the provisions of this Article.
ARTICLE 3 – HOURS AND MONTHS OF WORK AND PROBATIONARY EMPLOYMENT PERIOD
Section 1 - Full time employees shall be defined as those employees who work five (5) or more hours a day.
Section 2 - Part time employees shall be defined as those who work less than five (5) hours per day.
Section 3 – School Year employees shall be defined as those full and part time employees working 182 days to 189 days per year, excluding holidays.
Section 4 – Extended Year employees shall be defined as those employees working 190 days to 244 days per year, excluding holidays.
Section 5 – Full Year employees shall be defined as those employees working 245 days to 251 days per year, excluding holidays.
Section 6 – Employees will be paid for district required support in-service days.
Section 7 – If an Employee is required to work on any of the holidays listed in Article 4, Section 1, he/she shall be paid at the rate of time and one-half his/her regular hourly rate of pay for those hours actually worked, in addition to the holiday pay due thereunder.
Section 8 - Support Employees will be initially employed for a probationary period that shall be the greater of ninety (90) calendar days or sixty (60) working days. A working day shall not include days in which a probationary employee is off from work for Thanksgiving, Christmas, or Easter holiday, summer break or unpaid leave.
a. During the period of probationary employment, an Employee’s employment may be terminated at any time with or without cause, with or without notice, and without the opportunity for a hearing before the Board of School Directors.
b. During the probationary period of employment, a new Employee will not be entitled to use paid sick leave or personal days, although same will accrue during the probationary period and may be used by the employee in accordance with Article 5, but only upon the successful completion of the probationary period. The only forms of paid leave applicable during probationary periods are bereavement leave, civil leave and paid holidays.
c. At the conclusion of the probationary period, an Employee’s probationary period may be extended at the discretion of the Employee’s supervisor, if the employee’s performance, attendance, or punctuality are not satisfactory.
ARTICLE 4 – HOLIDAYS
Section 1 – All Employees shall be paid at their per diem rate for the following holidays:
Thanksgiving
Day after Thanksgiving
1st Monday following Thanksgiving
Christmas Day
Second Half of New Year’s Eve
New Year’s Day
Two days between Christmas Day and New Year’s Day
Memorial Day
Section 2 – Extended Year Employees shall be paid at their per diem rate for the following holidays, in addition to those set forth in Section 1:
Labor Day
Section 3 – Full Year Employees shall be paid at their per diem rate for the following holidays, in addition to those set forth in Sections 1 and 2:
July 4th
Section 4 – An Employee will not be paid for any holiday that is preceded or followed by the Employee’s use of a sick day that is not supported by a physician’s certificate.
ARTICLE 5 – PAID AND UNPAID LEAVES
Section 1 – Sick Leave
a. Employees will earn sick leave according to the following schedule:
i. School Year full and part time Employees – 10 days per year;
ii. Extended Year Employees – 11 days per year;
iii. Full Year Employees – 12 days per year.
b. Employees will earn such leave at the rate of 1 day per month worked, pro rated for those employees separating from the employment of the District prior to June 30 or entering District employment after July 1.
c. Employees may use sick leave for personal illnesses only.
d. In the event non-routine doctor or dental appointments cannot be scheduled for off duty hours, an Employee may use sick leave for such dental or doctor appointments.
e. The District reserves the right to require that an Employee furnish a physician’s certificate for any absence based upon illness or injury. All Employees shall furnish a physician’s certificate verifying that the Employee was not able to perform his/her duties if an employee is absent on more than four occasions and/or three consecutive days for illness or injury. (An occasion is defined as any number of days of continuous sick leave not interrupted by a return to work). An Employee’s failure to provide proper documentation as required hereunder will result in the Employee being required to use another form of paid leave. However, if no other form of paid leave is available, the absence shall be recorded as unpaid leave.
f. An Employee with a minimum of 15 years of service shall be awarded the following per day for unused sick leave at the time of the Employee’s retirement:
0-150 days - $15.00/day
151-225 days - $20.00/day
226 days and above - $25.00/day
By way of example, an eligible Employee with 152 days of unused sick time shall be paid $15.00 per day multiplied by 150 days and $20.00 per day multiplied by 2 days. In order to qualify for this incentive, an Employee must provide the District a minimum of ninety (90) days prior written notice of retirement.
Section 2 – Vacation (Full Year and Extended Year Employees Only)
a. Earned vacation will be based upon the Employee’s years of service in the District (but shall apply only to Full Year and Extended Year employees). Full Year and Extended Year Employees shall earn vacation according to the following schedule:
Less than one year 0 days per year
One year less than ten 10 days per year
Ten years less than fifteen 15 days per year
Fifteen years or more 20 days per year
b. An Employee’s request to schedule vacation will be approved based on the business needs of the District, provided the Employee submits a request during the following vacation selection periods:
Selection Month Vacation Months
May September, October, November
September December, January, February
December March, April, May
March June, July, August
c. Requests for emergency vacation will be considered with the understanding that the Employee may be required to substantiate the nature of the emergency.
d. School Year Employees will not earn vacation time.
e. The District shall have discretion to approve or disapprove vacation requests due to business conditions or conflicts with other Employees’ scheduled vacations.
f. Employees who qualify for vacation may carry over five (5) vacation days annually for a total not to exceed twenty (20) days, with those in excess of twenty (20) to expire, provided however, that where an Employee is denied use of accrued vacation days after complying with the notice and application procedures set by the District and has previously used fifteen (15) or more vacation days in the year in which additional vacation is sought, such Employee may bank those vacation days set to expire (up to a total of ten (10) over the term of this Agreement) with such banked days to be paid out upon an Employment separation occurring during the term of this Agreement, at the Employee’s final rate of pay.
g. Vacation shall be pro-rated for any (eligible) Employee that separates from District employment prior to June 30 or after July 1.
Section 3 – Personal Leave
a. Employees will be advanced two (2) personal leave days per year. Personal leave (i.e. days of absence with pay) are provided for support Employees who may request such leave when other forms of paid leave are not available or appropriate. Personal days must be requested in writing by using the Support Personnel Absence Request Form at least five (5) scheduled work days prior to the date the leave is desired. The District administration shall have reasonable discretion in approving or disapproving personal leave based on the necessities of business operations. The District administration may waive the five (5) day requirement if emergency circumstances warrant such waiver.
b. A day or days of unused personal leave from a given work year may be carried over to the next year to a maximum of four (4) in any fiscal year, with personal leave in excess of four (4) days to expire.
c. Personal leave shall not be granted for more than two (2) consecutive work days unless advance notice of a minimum of thirty (30) days is given through submittal of the above noted form. However, not more than two (2) consecutive personal days may be approved (in the reasonable discretion of the District) on any day(s) immediately preceding or following a scheduled holiday or in-service day on which students do not attend school.
d. Personal leave shall be pro-rated for any employee that separates from District employment prior to June 30 or after July 1.
Section 4 – Bereavement Leave
a. In the event of the death of an immediate family member, support Employees are entitled to four (4) work-days absence with pay, and may request a fifth (5th) work day absence (with pay) if necessary, subject to the District’s reasonable discretion. Immediate family member shall be defined as an employee’s parent, stepparent, brother, sister, child, stepchild, spouse, parent-in-law, or a relative of said employee as set forth in Section 4(b) and (c) below who resides in the same household as the employee.
b. In the event of the death of a support Employee’s grandchild, son-in law or daughter in law, such support Employee is entitled to three (3) work-days absence with pay.
c. In the event of the death of an Employee’s near relative, such Employee shall be entitled to one (1) school day of paid leave on the day of the funeral of said near relative, if the funeral is held on a school day. Near relatives are defined as a support employee’s first cousin, grandfather, grandmother, aunt, uncle, niece, nephew, brother-in-law, or sister-in-law.
d. Employees should contact their immediate supervisor as soon as possible when requesting bereavement leave, with the actual request to be in writing on the Personnel Absence Request Form.
Section 5 – Leave Without Pay Under the FMLA – Employees will be afforded leave without pay in accordance with and subject to the rights, limitations and obligations to both employers and employees set forth by the Family and Medical Leave Act.
Section 6 – Other Leave Without Pay – Employees may request leave without pay for any other reason, which may be approved or disapproved by the District Superintendent for any reason or for no reason.
Section 7 – Civil Leave – The District shall grant civil leave with pay to employees who are subpoenaed for jury duty or are subpoenaed as a witness in civil or criminal court involving a matter in which the employee is not a party, provided however, that the employee must submit to the District a copy of the subpoena and a Personnel Absence Request Form. Any compensation that the Employee receives for such civil service shall be paid over to the District.
ARTICLE 6 – SALARIES AND WAGES
Section 1 – The pay range and field trip rate chart attached hereto as Appendix “A” is hereby incorporated into this Agreement. Employees shall be paid at least the minimum rate applicable to their position and level as set forth on Appendix “A” during the period in which they are in probationary status as defined in Article 3, Section 8. New hires without position experience shall be employed at the minimum rate. New hires with experience may be employed at a rate not to exceed an amount thirty percent above the minimum rate. In the event that following the 4% pay increase contemplated by Section 2(a) below, an Employee’s 2007-2008 rate of pay is less than the minimum rate established for the applicable level as set forth on Appendix “A” for 2007-2008, such Employee’s rate of pay shall automatically adjust to the minimum level established for 2007-2008 and such minimum rate shall be the Employee’s rate of pay for 2007-2008.
Section 2 – The following principles shall apply to wages paid to Employees:
a. For 2007-2008 (retroactive to July 1, 2007 for those Employees employed continuously with the District from the date ninety (90) days prior to July 1, 2007 to the date of formal ratification of this Agreement by the District and the Union), Employees shall receive a 4% pay increase, which shall be applied to each Employee’s 2006-2007 rate of pay.
b. For 2008-2009, effective July 1, 2008, Employees shall receive a 3.9% pay increase which shall be applied to each Employee’s 2007-2008 rate of pay.
c. For 2009-2010, effective July 1, 2009, Employees shall receive a 3.9% pay increase which shall be applied to each Employee’s 2008-2009 rate of pay.
d. For 2010-2011, effective July 1, 2010, Employees shall receive a 3.8% pay increase which shall be applied to each Employee’s 2009-2010 rate of pay.
e. In order to qualify for the pay increases contemplated by Section 2(a) through (e) Employees must be employed by the District no less than ninety (90) days prior to the date upon which the pay increase is to become effective.
Section 3 – Bus Driver Incentives - Drivers will be eligible for three incentives during each school year, as follows: During each trimester defined below, drivers may be eligible to receive a Reliability Incentive, equal to one-half day's pay at the driver's per diem rate, and an Extra Trip Incentive, equal to one-half day's pay at the driver's per diem rate, provided the driver meets the following criteria:
A driver will be eligible for the Reliability Incentive, equal to one-half day’s pay at the driver’s per diem rate, if he/she is on the payroll for the entire trimester as defined below, has a safe driving record during that period as defined below and has had no more than two (2) absences during that period other than absences for bereavement, personal leave, or professional leave. Notwithstanding the above, an unexcused absence shall disqualify an Employee from the Reliability Incentive.
A driver will be eligible for the Extra Trip Incentive, equal to one-half day’s pay at the driver’s per diem rate, if he/she qualifies for the Reliability Incentive, has kept his/her name on the extra trip request list for the entire trimester as defined below and has not declined more than one (1) extra duty trip during the trimester.
An employee who qualifies for the Reliability and the Extra Trip Incentives during all three trimesters of one school year shall receive a Loyalty Incentive equal to one and one-half (1 ½) day's pay at the driver's per diem rate.
The first trimester incentive(s) shall be paid on the last pay day in December, the second trimester incentive(s) shall be paid on the last pay day of March, and the final incentive shall be paid on the last pay day in June.
A driver shall be considered to have achieved a safe driving record if he/she has not had an accident and has not been issued any driving citations. Accidents where the driver is not ruled to be at fault by the Coordinator of Transportation and the Director of Administrative Management and Support Services shall not affect the driver’s eligibility hereunder.
The trimesters shall be measured as follows:
Trimester 1 - First day of the school year through November 30.
Trimester 2 - December 1 through March 7
Trimester 3 - March 8 through the last day of the school year.
Field trip rates for drivers shall be as set forth on Appendix “A” and shall not be included in calculating a driver’s per diem rate.
Section 4 – Temporary Assignments. In the event a support Employee is temporarily assigned to perform duties of a lower job classification, the Employee will continue to be paid the higher rate of pay for the duration of the temporary assignment. If the temporary assignment is to a higher paid classification and the Employee is actually performing all of the duties of the higher paid position, including any supervisory duties, if applicable, the Employee will receive the higher rate of pay for the duration of the temporary assignment.
Section 5 - Longevity Incentive Payment. Support Employees are eligible for an annual longevity incentive payment based upon the Employee's years of support service (within a period of continuous service) in the District. Such incentive payments shall be non-cumulative and shall be excluded from the calculation of pay increases. While fully taxable according to IRS standards, these incentives are considered bonus payments by the state's retirement system; consequently, these payments shall not be subject to retirement benefits.
a. After completing the years of service in column "A," each support employee shall be paid the sum in the appropriate column of the four columns of Column B as a longevity bonus. This amount shall not be added to the annual salary, shall not be cumulative, and shall be paid the following year in one lump sum, by way of the first pay in December, so long as the support Employee is on the payroll of the District at the time of payment. By way of example, an Extended School Year Employee (continuously employed by the District for the period in question) completing his/her 25th year of service shall receive a lump sum longevity bonus of $500 in December of the year following the 25th year of service.
Column A | Column B | |||
Longevity | Amount | |||
School Year | ||||
Employees | School Year | Extended | ||
Total Years | Less than | Employees | School Year | Full-year |
Of Consecutive Service | 5 Hrs./Day | 5+ Hrs./Day | Employees | Employees |
6th, 7th, 8th, 9th, 10th, , 7d', 8`h, 9~', 10th | $125 | $125 | $125 | $125 |
11th, 12th,13th, 14th, 15th `h | 150 | 175 | 250 | 300 |
16th, 17th, 18th, 19th, 20th | 175 | 225 | 375 | 475 |
21st, 22nd, 23rd, 24th, 25th | 200 | 275 | 500 | 650 |
26th, 27th, 28th, 29th, 30th | 225 | 325 | 625 | 825 |
and beyond | ||||
b. The above amounts are conditioned upon full fiscal years of service (measured within continuous service) through June 30 of the previous year and will not be prorated for partial years of service. An employee that changes Column B classification is eligible for the longevity amount for the position held on his/her initial work day of the last full fiscal year of the employee’s service.
c. Each year of full service will be included in longevity calculations. An unexcused absence or leave without pay for social, recreational or business purposes shall exclude the year in question from the longevity calculation.
d. A furlough shall interrupt the cycle, provided however that furloughed employees will maintain their accrued longevity if they accept the next similar position offered by the District. However, an employee shall not receive a bonus during any period in which they are on furlough.
ARTICLE 7 – SHIFT DIFFERENTIAL
Section 1 – Custodians and maintenance employees whose assigned shifts start at
ARTICLE 8 – OVERTIME/CALL TIME
Section 1 – Employees will be paid at the rate of time and one half for all hours worked in excess of forty (40) hours in a week.
Section 2 – Employees called into work outside their regular scheduled shift shall be paid for one hour of work or the amount of time actually worked, whichever is greater.
ARTICLE 9 – LIFE INSURANCE/LIABILITY COVERAGE
Section 1 – The District will provide life insurance coverage to full time employees according to the following schedule:
a. School Year Employees - $15,000.00
b. Extended Year Employees - $20,000.00
c. Full-Year Employees – $25,000.00
Section 2 – The District will continue General and Auto liability coverage for Employees during the term of this Agreement in scope and amounts consistent with the insurance in effect for the 2006-2007 fiscal year.
ARTICLE 10 – HEALTH BENEFITS
Section 1 – In the 2007-2008 school year, effective January 1, 2008 (with the 2006-2007 benefits package to remain in effect until such time) all full time Employees and the dependents of full time-Full Year and full time-Extended Year Employees (as well as the dependents of full time-School Year Employees employed continuously with the District since before July 1, 1993) shall have the following options with respect to health care:
a. Option 1:
Employee Premium Sharing: 8%
Medical:
$250/$500 Deductible (individual in network/individual out of network;
$500/$1,000 Deductible (family in network/family out of network);
$20 Co-pay;
Drug:
$100/$100 Deductible;
$15/$30/$45 Co-pay;
b. Option 2:
Employee Premium Sharing: 4%
Medical:
$500/$1,000 Deductible (individual in network/individual out of network;
$1,000/$2,000 Deductible (family in network/family out of network);
$30 Co-pay;
Drug:
$100/$100 Deductible;
$20/$40/$60 Co-pay;
Section 2 - In the 2008-2009 school year, the District shall offer two options with substantially similar benefit levels as set forth at Appendix “B” and featuring employee co-pay and deductible obligations identical to the two options set forth in Section 1 above, provided however, that Employees shall have premium sharing obligations of 9% for Option 1 and 4.5% for Option 2.
Section 3 - In the 2009-2010 school year, the District shall offer two options with substantially similar benefit levels as set forth at Appendix “B” and featuring employee co-pay and deductible obligations identical to the two options set forth in Section 1 above, provided however, that Employees shall have premium sharing obligations of 10% for Option 1 and 5% for Option 2.
Section 4 - In 2010-2011 school year, the District shall offer two options with substantially similar benefit levels as set forth at Appendix “B” and featuring employee co-pay and deductible obligations identical to the two options set forth in Section 1 above, provided however, that Employees shall have premium sharing obligations of 11% for Option 1 and 5.5% for Option 2.
Section 5 - The Employee obligations for premium sharing shall be accomplished through a payroll deduction. There shall be direct payments in a timely manner by the Employee where payroll deductions are not available. Summaries of the two health care package options set forth herein are attached hereto as Appendix “B”.
Section 6 - The District will provide vision and dental coverage for those eligible employees and dependents during the term of this Agreement, as follows:
a. Vision Care - The District shall pay the premium cost for a vision care program to include 100 percent UCR (usual, customary and reasonable) coverage for examination and refraction, single vision lenses, bifocal lenses, contact lenses (when certified as medically necessary by the treating physician), and frames (maximum allowance $15 wholesale). Contact lenses not certified as medically necessary by the treating physician will be provided only at the benefit level specifically set forth in the plan selected by the District.
b. Vision Care Coverage -
i.
ii.
iii. Full Time Full Year Employees - The District shall pay for 100% of the monthly premium for the Employee and their dependents.
c. Dental Insurance - The District shall pay the premium cost for a dental care program featuring both third party administration and direct reimbursement plans, 100 percent UCR (usual, customary and reasonable) coverage for diagnostic, preventive, restorative, oral surgery, endodontic and periodontic services and 50 percent UCR coverage for single connected inlays, onlays and crowns (none of which is part of a fixed bridge or are splinted together). Benefits payable under the program shall be limited to a maximum of $1,000.00 per person for services rendered in any calendar year.
d. Dental Insurance Coverage –
i.
ii.
iii. Full Time Full Year Employees - The District shall pay for 100% of the monthly premium for the Employee and their dependents.
ARTICLE 11 – DISCHARGE, DEMOTION, SUSPENSION & DISCIPLINE