Transcription
BLS Contract CollectionTitle: Anne Arundel County Board of Education and American Federation of State,County and Municipal Employees (AFSCME), AFL-CIO, Local 1693 (2000)K#: 830714This contract is provided by the Martin P. Catherwood Library, ILR School,Cornell University. The information provided is for noncommercial educational use only.Some variations from the original paper document may have occurred during thedigitization process, and some appendices or tables may be absent. Subsequentchanges, revisions, and corrections may apply to this document.The complete metadata for each collective bargaining agreement can be found at /1/For a glossary of the elements see - /2/For additional research information and assistance, please visit the Research page ofthe Catherwood website - http://www.ilr.cornell.edu/library/research/For additional information on the ILR School - http://www.ilr.cornell.edu/For more information about the BLS Contract Collection, cts/Or contact us:Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853607-254-5370 [email protected]
Negotiated Agreementbetween theAmerican Federation ofState, County, andMunicipal Employees,Local 1693and theBoard of Educationof A n n e A r u n d e l CountyJuly 1, 2000June 30, 200231 f
TABLE OF CONTENTS" - : W * ARTICLE 1 GENERAL PROVISIONS OF THE AGREEMENTARTICLE 2 UNION RECOGNITION.2.;.,,.,,ARTICLE 3 GRIEVANCE AND ARBITRATION PROCEDURES.3;.ARTICLE 4 UNION STEWARDS.14,.,'.,.,.,.5!.J. 6ARTICLE 5 DISCIPLINE AND DISCHARGEARTICLE 6 DISCRIMINATION.l lARTICLE 7 SENIORITY, PROMOTION, LAY OFFARTICLE 8 HOLIDAYS.'.:'.'.'.'.".I'.''.!.ARTICLE 9 VACATION/ANNUAL LEAVEARTICLE 10 SICK LEAVE.7.9,,.;. 10.11ARTICLE 11 OTHER LEAVES14ARTICLE 12 HOURS OF WORK16ARTICLE 13 OVERTIME17ARTICLE 14 SAFETY AND HEALTH18ARTICLE 15 UNION BULLETIN BOARDS, DELIVERY SERVICES18ARTICLE 16 EMPLOYEE BENEFITS19ARTICLE 17 MANAGEMENT RESPONSIBILITY21ARTICLE 18 WAGES AND TRAVEL PAY21ARTICLE 19 WORK STOPPAGE23ARTICLE 20 SEVERABILITY23ARTICLE 21 PERSONNEL FILES24ARTICLE 22 EFFECTIVE PERIOD OF AGREEMENT24APPENDIX ASALARY SCALEAPPENDIX BMEDICAL COMPARISON CHARTAPPENDIX CDENTAL AND VISION CHARTS
ARTICLE 1GENERAL PROVISIONS OF THE AGREEMENTSection 1: Definition of Terms(a)The Board of Education of Anne Arundel County is hereinafter referred to as "the Board."(b)The American Federation of State, County, and Municipal Employees, Local 1693, is hereinafter referredto as "AFSCME" or "the Union."(c)"Unit III" refers to a negotiating unit composed of permanent custodial, maintenance, food service, busdriver, bus attendant, warehouse, mail and print shop, and transportation employees of the Board in paygrades 1-14 who regularly work an average of four or more hours per day.Section 2: RenegotiationsThe sections of this Agreement not requiring fiscal support shall become effective on July 1, 2000, unless otherwiseindicated. The sections which require fiscal support shall become effective July 1, 2000, unless otherwise indicatedif following budget enactment by the County Council the Board raises no question concerning the adequacy offunds for their implementation.If budget categories which contain Board requests for funds to support sections in this Agreement are reduced bythe County Council, and the Board feels that it cannot implement the provisions of the sections as negotiated,further negotiations on these sections shall be instituted within ten workdays after enactment of the budget by theCouncil. Sections on which Agreement is reached on or about June 20 shall be submitted promptly to the parties forratification on or about June 25 after which the Board shall render the final determination on all remaining fiscalsections which have been the subject of negotiations.Section 3: Reopening NegotiationsThe Board and AFSCME agree that the terms and provisions herein contained constitute the entire Agreementbetween the parties and supersede all previous communications, representations or Agreements, either verbal orwritten, between the parties hereto with respect to the subject matter herein. The Board and AFSCME agree that allnegotiable items have been discussed during the negotiations leading to this Agreement and therefore, agree thatnegotiations will not be reopened on any item, whether contained herein or not, during the life of this Agreementexcept by mutual consent.The Board and AFSCME agree that for FY2002 the following will be reopeners for negotiations:Article 18: Wages and Travel PayOne additional wild card per partySection 4: Job ClassificationsGrade 4Food Services Worker IGrade 5Custodian I (Roving Custodian), Food Services Worker II, Galley Worker II, Parking LotAttendant, School Bus Attendant, Telephone Repairperson IGrade 6Maintenance Helper, Press Operator I, Print Shop Helper, Trades Trainee I, Warehouse HelperGrade 7Athletic Fields Groundsperson Trainee, Bindery Machine Operator I, Custodian III (RovingBackup), Food Services Manager II, Groundsperson I, Press Operator II, Trades Trainee II,Logistics Warehouseperson IGrade 8Asbestos Repairperson, Automotive Serviceperson I, Bindery Machine Operator II, Custodian IV,Food Services Manager III, General Maintenance Mechanic I, Groundsperson II, Lead Custodian(2nd Mail Services Driver, Maintenance Services Dispatcher, Painter I, Pest Control Technician,Press Operator III, Production Control TechnicianGrade 9Assistant Lead Mail Services Driver, Bindery Machine Operator III, Custodian V (Roving Chief),Equipment Operator I, Food Services Manager IV, School Bus Driver, Logistics Delivery DriverGrade 10Athletic Fields Groundsperson, Automotive Mechanic I, Electrician I, Food Services Manager V,General Maintenance Mechanic II, HVAC Mechanic I, Lead Groundsperson, Operations2
Grade 11Grade 12Grade 13Grade 14Equipment Repairperson, Operations Groundsperson Riva Road, Painter II, Plumber I, LogisticsWarehouseperson IIEquipment Operator II, Facilities Engineer, Lead Athletic Fields Groundsperson, Lead MailServices Driver, Lead PrinterAsbestos Technician II, Automotive Mechanic II, Boiler Maintenance Technician, Bus DriverTrainer, Electrician II, General Maintenance Mechanic III, HVAC Mechanic II, Painter III,Pesticide Applicator, Plumber II, PM Technician, Senior Facilities Engineer, TelephoneRepairperson II, Logistics Warehouseperson III Automotive Mechanic III, Electrician III, General Maintenance Mechanic IV, HVAC MechanicIII, Lead Boiler Maintenance Technician, Locksmith, Plumber III, Water Treatment PlantMechanic, Welder, Logistics Warehouseperson IVComplex Engineer, Electrician IV, Environmental Evaluator, HVAC Mechanic IV, Lead PMTechnician, Plumber IV, Projects EstimatorARTICLE 2UNION RECOGNITIONSection 1: Union RecognitionThe Board recognizes the Union as the sole and exclusive agent for negotiating salaries, wages, hours, and otherconditions of employment for all members of Unit III in accordance with the provisions of Education Article,Section 6-505 of the Annotated Code of Maryland.Section 2: Dues DeductionThe Board agrees to deduct Union membership dues from the paychecks of Unit III members who individuallyrequest in writing that such deductions be made. The amounts to be deducted shall be certified to the Board by theTreasurer of Council 67, and the aggregate deductions of all employees shall be remitted together with an itemizedstatement, to the Treasurer of Council 67 each month after such deductions are made.Payroll deduction of dues is continuing and cancellation of individual dues deductions can be effected only by awritten notice to the Union via certified mail postmarked between July 1st and July 15th to be completed forsubmission to the Board on or before July 30th of each school year. The mailing address is:DirectorAFSCME Council 671410 Bush Street, Suite ABaltimore, MD 21230Section 3: Union to Indemnify BoardThe Union shall indemnify and save the Board harmless of all claims, grievances, actions, suits, or other forms ofliability or damages that arise out of, or by reason of, any action taken by the Board for the purpose of complyingwith the provisions of this article. The Union assumes full responsibility for the disposition of the funds deductedunder Section 2 of this Article as soon as they have been remitted by the Board to the Maryland Public EmployeesCouncil 67.Section 4: Work LocationsThe Board will provide to the President of Local 1693 a list of all Unit III members which shall include names,work locations, job classifications, and social security numbers. This information shall be sent to both Council 67and Local 1693 by computer diskette or CD ROM Disc, with a hard copy back-up available upon request. (TheCouncil 67 transfer is to be made on ACCESS and sent by diskette (3.5) or CD ROM.)The Board will also allow the union time at the new employee orientation to brief new employees on unionprograms. Where orientation kits are supplied to new employees the Union shall be permitted to have included inthe kits Union literature provided such literature is first approved for such purpose by the Division of HumanResources.3
ARTICLE 3GRIEVANCE AND ARBITRATION PROCEDURESSection: 1 DefinitionA grievance is a difference or dispute between an employee and the Board concerning the meaning, interpretation orapplication of the express terms of this Agreement. The grievance must clearly specify the item or issue that isunder dispute.Section 2: Grievance MeetingsGrievance meetings will normally be scheduled after working hours. When it is necessary for any Unit IIIemployee of the Board to attend a grievance meeting or a grievance hearing called by the Superintendent ordesignee during working hours, the Superintendent or designee shall so notify the principal or supervisor of suchUnit III employee. The Unit III employee shall be released without loss of pay for such time as the Unit IIIemployee's attendance is required at such meeting or hearing. Employee grievances at Level III shall be scheduledat the mutual convenience of the Board and the representative of Local 1693 or the representative of Council 61AFSCME unless the grievant elects to represent himself/herself.Section 3: Grievance LevelsInformal DiscussionA Unit III member with a grievance shall first discuss it with his/her immediate supervisor within fifteen (15)workdays after the grievant knew or should have known of the act or condition on which the grievance is based. If,however the immediate supervisor is not the person who made the alleged misinterpretation or misapplication,he/she shall advise the employee of the proper person to contact, and the aggrieved employee shall discuss thematter with him/her.The grievant and the immediate supervisor may mutually waive the time limits in order to informally discuss andresolve the grievance prior to reducing the grievance to writing at Level 1.In any event, a meeting will be convened pursuant to the grievance procedure at each level./Level 1If the problem is not resolved to the satisfaction of the employee, or if a response is not received within five (5)workdays the employee may submit the grievance in writing to the same supervisor, using the Board's Level 1grievance form, within ten (10) days after the hearing. He/she must state the specific contract article which he/sheclaims to have been violated.Level 2If the problem is not resolved to the satisfaction of the aggrieved employee at Level 1, or if a response is notreceived within five (5) workdays, he/she must present the grievance in writing to the next higher supervisor for theclassification to which the employee is assigned within ten (10) workdays after the hearing, using the Board's Level2 grievance form. This supervisor shall respond in writing within ten (10) workdays.4
Level 3If the employee is not satisfied with the supervisor's decision, or if no response is received within ten (10)workdays, he/she may request in writing a discussion of the grievance with the Director of Human Resources. Sucha request must be made within five (5) workdays after the supervisor in Level 2 has responded (or within five (5)workdays of the date on which a reply should have been received). The Director of Human Resources or his/herdesignee shall hold a hearing with the aggrieved employee and shall respond in writing within ten (10) workdaysafter the postmark date of the request.Level 4If AFSCME finds the decision at Level 3 not acceptable, it shall within ten workdays notify the Board whether ornot the grievance is to be submitted to advisory arbitration. If so, both parties shall attempt to agree mutually on anarbitrator. Failing to agree, both parties shall promptly request the Federal Mediation and Conciliation Service tosubmit to the parties a list of seven persons skilled in arbitration.The parties shall strike names alternately until one name remains. That person shall be designated the arbitrator andwill set a hearing date within 20 days after his/her selection.The arbitrator will set forth his/her findings of fact, reasoning and conclusions on the issues and submit them to theBoard as a recommendation. The decision shall be made within 20 days after receiving final information from theparties.Section 4; ExpensesAny costs incurred in connection with the arbitrator's hearing shall be shared equally by the Board and the employeeorganization. The grievant and any Board employees who are requested by school board administrators to attendhearings shall be granted the necessary released time without salary loss. The cost of witnesses at all hearings,however, shall be born by the party requesting them to attend.Section 5: Time Limits for Initiating GrievancesFailure to appeal at any step or level within the specified times shall be deemed an acceptance of the last decisionrendered.Section 6: RepresentationAny aggrieved employee shall be represented by the person, or persons, outlined in Article 4, Section 1 or byhimself/herself. No released time from work without salary loss shall be provided, however, for Board employeesto serve as representatives.Nothing contained herein will be construed as limiting the right of any Unit III employee having a grievance todiscuss the matter informally with any appropriate member of the administration and having the grievance adjustedwithout the assistance or expense of AFSCME.Section 7: Appeals Under Section 4-205(c)Where an employee has a difference or dispute over an alleged violation of a Board personnel policy or where agrievance has been disallowed on the grounds that it involves a non-arbitrate issue, the employee may appeal to theBoard with Union representation pursuant to Section 4-205(c) of the Education Article of the Annotated Code ofMaryland.ARTICLE 4UNION STEWARDSSection 1: Designation(a)The Board shall deal with the designated union steward at the first level of the grievance procedure unlessthe employee elects to represent himself/herself. At subsequent levels in the grievance procedure, theBoard shall deal with the Union President, or the Council Representative, unless the grievant has elected torepresent him/herself.5
(b)A written list of the chief stewards and stewards along with their assigned areas shall be furnished to theDirector of Human Resources immediately after their designation and AFSCME shall notify the Director ofHuman Resources promptly of any changes of such stewards.Section 2: Visitation PrivilegesDuly authorized representatives of AFSCME, after showing the proper credentials to the principal or to the personin charge at other work locations, shall be permitted to meet with Unit III members on school grounds. Normally,these visits are before or after required working hours or during the duty free lunch period, except in a case whereresponsible school officials authorize Union representatives to meet with Unit III employees during working hours.AFSCME shall provide the Board with the names of these authorized representatives prior to the effective date ofthe Agreement and shall advise the Board in writing of changes in these names after that date.ARTICLE 5DISCIPLINE AND DISCHARGESection 1: Disciplinary MeasuresDisciplinary action shall be limited to oral reprimand, or written reprimand, suspension, and discharge and shouldbe consistent where appropriate to the concept of progressive discipline.If the employer has reason to reprimand an employee it shall be done in a manner that will not embarrass theemployee before other employees or the public except that immediate action required by the employer in anemergency situation will not be subject to this provision.No bargaining Unit III employee shall be formally disciplined without first being provided the right, at his/herrequest, to have a shop steward present. If the presence of a steward is requested, no formal discipline shall occur inthe absence of such representation. The steward must address the situation no later than 24 hours after the requestor by the end of his/her next shift.Section 2: Suspension and DischargeThe Board may suspend or discharge any permanent Unit III member for immorality, misconduct, insubordination,incompetency, or willful neglect of duty. Prior to discharge, the employee will be suspended. Within threeworkdays the employee will be notified in writing of the cause(s) and of the fact that he/she is subject to discharge.He/she shall also be notified of his/her right to a hearing, with counsel, including a union representative, providedhe/she makes a written request within three workdays after the receipt of the notification. The hearing shall be heldwithin five workdays after the request has been received. An employee who does not accept the decision of thishearing may appeal his/her case to the Board.Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all losttime and with full restoration of all other rights and conditions of employment.Section 3: AppealsThe employee may appeal any discipline or discharge with Union representation pursuant to Section 4-205(c) of theEducation Article of the Annotated Code of Maryland.6
ARTICLE 6DISCRIMINATIONSection 1: Application to AgreementThe provisions of this Agreement shall be applied to all Unit III members without discrimination as to age, sex,marital status, race, color, creed, national origin, political affiliation, disability or union affiliation.Section 2 Board ResponsibilityThe Board will not interfere with the rights of Unit III members to become members of the Union, and there shall beno discrimination, interference, restraint, or coercion by the Board or its representatives against any Unit III memberbecause of Union membership or because of the exercise of his/her rights under the law or the provisions of thisnegotiated Agreement.Section 3: Union ResponsibilityThe Union and its representatives will not discriminate against any Unit III member because of age, sex, maritalstatus, race, creed, color, national origin, political affiliation, disability or union affiliation.ARTICLE 7SENIORITY, PROMOTION, LAY OFFSection 1: Definition of SeniorityUnless otherwise indicated, the term seniority as used in this Agreement shall mean an employee's length ofcontinuous service in a class series since his/her last date of hire. No employee shall acquire seniority untilcompletion of his/her probationary period. Upon completion of this probationary period, an employee's seniorityshall be computed from the last date of hire. When two or more employees have the same last date of hire and thesame length of continuous service in a class series since the last date of hire, the Board will determine their relativeseniority.Section 2: Posting of VacanciesA General Vacancy Announcement may be distributed three times a year system-wide for the positions ofCustodian III, IV, and V and Facilities Engineer, Senior Facilities Engineer and Complex Engineer. Any Unit IIIemployee interested in being considered for any of these positions must submit an application according to theprocedures as listed in the Board policy on the posting of the general vacancy announcement.An interview committee will interview eligible candidates following the closing of each General VacancyAnnouncement.An eligibility list based upon the interview panel's evaluation of each candidate will be established.candidate is placed on the eligibility list, (s)he need not reapply for a period of two years.Once aThis eligibility list may stand for a period of up to two (2) years.Top candidates will be referred to the specific school to be interviewed by the principal and/or designee when avacancy occurs.All Unit III vacancies of Grade 7 and above that are not filled from within the immediate administrative unit shallbe advertised in writing and posted on Unit III bulletin boards throughout the school system. These positions maynot be filled on a permanent basis before ten workdays from the date of the written advertisement nor before allqualified candidates applying within those ten days have been considered. All vacancies below Grade 7 will beposted within the school which has the vacancy and sent to the Union President concurrently. When a shiftvacancy occurs, the senior most employee applying in the work location where the vacancy has occurred shall beconsidered for the transfer before an employee from some other location.7
A Unit III employee who is promoted to a position of a higher grade shall be considered probationary in the newposition for three months. If the promoted employee is unable to perform the duties adequately during thisprobationary period, he/she will be returned to his former job and pay or to a comparable job and pay.Unit III members wishing a transfer to a vacancy which would not be subject to posting may submit a request inwriting for consideration when such a vacancy occurs. When there is a vacancy to be filled, first consideration willbe given to present employees who have a current transfer request on file in the Division of Human Resources forsuch a position.Section 3: Reduction in ForceIn the event it becomes necessary to lay off a permanent Unit III employee in a particular job classification in anadministrative unit, the Board will determine the job function which can be reduced in that unit with the leastdisruption of services. The least senior ernployee in that job function in that unit will be laid off. If his/her job isnot the one to be eliminated, the employee with least seniority in the job location where the staff is to be reducedwill be transferred to the vacancy created by the lay-off.The administrative unit for employees assigned to schools and administrative offices is the appropriate office; formaintenance employees, it is the maintenance department; for transportation employees, it is the transportationdepartment; for warehouse and mail employees, it is the logistics support office; for print shop employees, it is thedesign and print services department.Any Unit III employee whose position is abolished shall be allowed to bump any employee with less seniority in thesame job class, or less seniority in a series of classes within the school system as determined by the Division ofHuman Resources.Section 4: RecallWhen a Unit III member has been laid off his/her name shall be placed on a recall list for that job function for amaximum period of two (2) years. Recalls shall be accomplished by certified mail. If at any time during the recallperiod an offer of recall is declined, the employee shall forfeit all recall rights.Persons on the recall list for an administrative unit shall be assigned to vacancies in their job functions in that unit inthe order of seniority. In no case shall a new employee be hired until all laid off persons on the recall list have beenassigned or have declined an offer. Recalled employees shall not be required to serve a new probationary period.Section 5: Involuntary Transfer ProceduresThe following language does not preclude the Superintendent's right to administratively transfer personnel withoutregard to these procedures. Should it be necessary for the Board to involuntarily transfer (excess) Unit IIIemployees from any school or work location, the following steps shall be taken:1.Volunteers within the class and grade who are qualified for the new assignment as determined by theDirector of Human Resources shall be sought from the affected school or work location.2.If the number of volunteers exceeds the number to be involuntarily transferred, the most senior qualifiedemployees within the class and grade from among the volunteers shall be transferred unless the Division ofHuman Resources determines that services/functions would be adversely affected.3.Should no volunteers be found, the least senior employees within class and grade in the affected school orwork location shall be involuntarily transferred unless the Division of Human Resources determines thatservices/functions would be adversely affected.8
The employees subject to an involuntary transfer shall have the opportunity by seniority, within class andgrade, to select from all openings available at the time of transfer if qualified as determined by the Divisionof Human Resources.5.6.If, upon the exhaustion of the above selection process, the employees do not select an available openingand one or more of such openings still exist, the Director of Human Resources shall assign such remainingunassigned employees to remaining openings. An employee who declines the final written offer ofassignment shall be considered as having voluntarily resigned employment.No vacancies shall be filled by temporary employees or new hires until all employees who have beenexcessed have been offered a position.If an "excess" employee is involuntarily transferred from a school or work location, any vacancies at theschool or work location as determined by the Division of Human Resources shall not be filled by anytemporary employees or new hires until the involuntarily transferred employee that had been affected bythe transfer has been offered an opportunity to return to the position or work location to which theemployee had previously been assigned if such a vacancy occurs within a year of the original transfer. Ifan employee is returned to his/her previous position/work location, the return would void his/herinvoluntary transfer status. An employee who declines a final written offer to return to the previously heldassignment before the involuntary transfer shall be considered as having voluntarily transferred to thepresently held assignment.ARTICLE 8HOLIDAYSSection 1: Holidays Recognized and ObservedThe Board will recognize the following days as holidays for twelve-month Unit III members:Independence DayLabor DayThanksgiving DayFriday after ThanksgivingChristmas EveChristmas DayNew Year's EveNew Year's DayMartin Luther King, Jr., DayGood FridayEaster MondayMemorial DayPrimary and General Election DaysAll other holidays as declared by the Board during the life of this AgreementHolidays will be observed on the dates on which they fall with the following exceptions:Whenever any of the holidays listed above fall on a Saturday, the preceding Friday shall be observed as the holiday.Whenever any of these holidays fall on a Sunday, the following Monday shall be observed as the holiday.To be eligible to receive pay for a holiday, the employee must work on the workday immediately preceding and onthe workday immediately following the holiday or be on authorized approved paid leave.Pay for these holidays when they fall on duty days shall be included in the computation of annual salaries of eligibleUnit III employees.9
Section 2: Holiday LeaveHoliday leave will not be deducted from any other leave earned by an employee.Section 3: Holiday WorkIf an employee works on any of the above listed holidays, he/she shall be paid at one and one-half times his/herhourly rate, in addition to his/her holiday pay, for all hours worked.Section 4: Holiday Hours for Overtime PurposesHolidays shall be counted as a day worked for the computation of overtime.Section 5: Holidays During LeaveWhen a holiday falls during an employee's vacation leave, he/she shall not be charged vacation leave for saidholiday.Section 6: Failure to Report on HolidayIf a Unit III employee who is assigned duties on an observed holiday fails to report for work without an acceptablereason, he/she shall forfeit his holiday pay.ARTICLE 9VACATION/ANNUAL LEAVESection 1: Rate of EarningTwelve-month Unit III members shall earn annual leave as follows:Length of ServiceFirst 5 yearsNo. Days Leave1 /monthMaximum No.Days Per Year126-14 years inclusive1-1/2/month1815th year and thereafter1 /pay period26Section 2: Pay Rate During VacationPay for all vacations shall be based on the rate of pay of the employee at the time of vacation including shiftdifferential.Section 3: Accumulation and ConversionBy April 1, the Board will advise those employees in danger of exceeding their accumulated annual leave carryover,which is a total of 24 days for 1-5 years employment; 30 days for 6-14 years employment and 38 days for 15 ormore years of employment as of July 1 of any given year. Unused annual leave which would be lost because of thelimitation on carry-over shall be converted to accumulated sick leave provided that there not be more than fifteensick leave days credit per year.In his/her last year of employment prior to retirement, a Unit III member may carry over 18 days of unused annualleave to give him/her a maximum of 44 days at the end of his/her last year prior to retirement, provided they haveworked 15 years or more.Section 4: Work During VacationAny Unit III employee req
BLS Contract Collection Title: Anne Arundel County Board of Education and American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO, Local 1693 (2000) K#: 830714 This contract is
