SEIU, Local 888 (Cafeteria) 7-1-12 to 6-30-15.PDF

Winthrop School Committee · from StateReference · 31 pages · 942 KB
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AGREEMENT BETWEEN

THE WINTHROP SCHOOL COMMITTEE
AND

WINTHROP SCHOOL
CAFETERIA/FOOD SERVICE EMPLOYEES

SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 888 .

LOCAL 888
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EIU

Stronger Together

WINTHROP, MASSACHUSETTS
July 1, 2012 —June 30, 2015

1390101_4

TABLE OF C NTS

Contents .
ARTICLE 1 - AGREEMENT....csesssssssessssscessosserasessssessssetenssestonessasssssstavsesnesanacsnssecssenseseanaseasonessare 2
ARTICLE 2- INTENT AND PURPOSE..
ARTICLE 3- RECOGNITION ws.
ARTICLE 4 - NO DISCRIMINATION...
ARTICLE 5 - DUES DEDUCTION...
ARTICLE 6 - AGENCY SERVICE FEE.
ARTICLE 7 - UNION ACTIVITY.....crssss00es
ARTICLE 8 - RIGHTS OF THE COMMITTEE ..
ARTICLE 9 - SEPARABILITY AND SAVINGS
ARTICLE 10 - GRIEVANCE PROCEDURE ..
ARTICLE 11 - ARBITRATION ........ssesscesssnresenee
ARTICLE 12 - VACANCIES AND TRANSFERS.
ARTICLE 13 « WORK YEAR - HOURS OF WORK ..
ARTICLE 14 - JURY DUTY ....ssecesnassrsveseneenee
ARTICLE 15- BEREAVEMENT LEAVE.
ARTICLE 16 - SICK LEAVE.
ARTICLE 17 - WAGES ...ssss000s
ARTICLE 18 - PERSONAL LEAVE...
ARTICLE 19 - INSURANCE BENEFITS...
ARTICLE 20 - HEALTH AND SAFETY....
ARTICLE 21 - UNIFORM ALLOWANCE.
ARTICLE 22 - VACATION PAY ......
ARTICLE 23 - HOLIDAY PAY...
ARTICLE 24 - DISCHARGE AND ”
ARTICLE 25 - PROBATIONARY PERIOD.......
ARTICLE 26 - REDUCTION IN FORCE...
ARTICLE 27 - EVALUATION OF EMPLOYEES.
ARTICLE 28 - NO STRIKE.....
ARTICLE 29 - TRAINING...
ARTICLE 30 - MISCELLANEOUS
ARTICLE 31 - DURATION .......0
ARTICLE 32 - COMMITTEE ON P
APPENDIX A - WAGES
APPENDIX B -EVALUATION FORM ..
APPENDIX C ~ CORI REVIEW POLICY..
APPENDIX D-ACCESS TO KEYS POLICY
APPENDIX B-ELECTRONIC COMMUNICATION ACCEPTABLE USE POLICY .
PURPOSE... sevens
ACCEPTABLE USE.
MONITORED USE.
LIABILITY...
EMPLOYEE CONFIRMATION OF RECEIPT

49901011

ARTICLE 1 - AGREEMENT

This Agreement is made and entered to be effective on July 1, 2012 unless otherwise indicated,
by and between the School Committee of the Town of Winthrop (hereinafter referred to as the
“Committee”) and Winthrop Cafeteria Employees (hereinafter referred to as the “Union”).

ARTICLE 2- INTENT AND PURPOSE

The general intent and purpose of this Agreement is in the mutval interests of the Town and
Cafeteria Employees, to provide for the operation of our school lunchrooms under methods
which will further to the fullest extent possible the safety, welfare, and health of the
schoolchildren of the Town of Winthrop under conditions which will insure economy of
operation, quality and quantity of performance.

By the consummation of this Agreement, the parties seck to continue and promote harmonious
relations and mutual coopetation between the Committee and the Union; to formulate work rules
to govern the relationship; to insure the uninterrupted operation of the facilities; to set forth the
agreement of the parties with respect to rates of pay, hours of work and’ conditions of
employment under which members represented by the Union perform their duties; to provide for
an orderly and equitable adjustment of all grievances as herein defined, all with the goal of
improving the educational system in the Town of Winthrop. In seeking to achieve these goals,
the parties acknowledge that the Corumittee has and must retain complete authority over the
policies and ‘administration of the schools, which it exercises under law, except as expressly
modified by a specific provision of this Agreement.

ARTICLE 3- RECOGNITION

Section 1, Subject to any applicable provisions of State or Federal Law, or regulations now or
hereafter in effect, the Committee recognizes the Union as the exclusive bargaining agent in
respect to wages, hours and terms and conditions of employment for all employees, as defined by
the Department of Labor Relations in Case No. MCR-4811 in a unit consisting of:

All full-time and regular part-time cooks, cafeteria helpers, and helpers serving as
cashiers, dish room helpers, and teachers’ room helpers; but excluding the Food Service
Director, and all managerial, confidential, casual, and substitute employees, and all other
employees of the Winthrop School Department.

The position of van driver for the Winthrop School Department shall be removed

from the custodial bargaining unit and placed in the cafeteria workers bargaining unit
effective with the termination/resignation/retirement of the incumbent van driver.

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Section 2. This Agreement is a complete agreement between the parties covering all mandatory
subjects of discussion. The parties agree that the relations between them shall be governed by
the terms of this Agreement only.

No prior agreements or understandings, oral or written, shall be controlling or in any way effect
the relations between the parties unless and unti] such agreements or understandings have been
reduced to writing and duly executed by both parties subsequent to the date of this Agreement.

All matters not dealt with herein shall be treated as having been brought up and disposed of and
the Committee shall be under no obligation to discuss with the Union any modifications or
addition to this Agreement which are to be effective during the term thereof. No change or
modification of this agreement shall be binding on either the Committee or the Union unless
reduced to writing and executed by the respective duly authorized representatives.

ARTICLE 4 - NO DISCRIMINATION

Section 1, There shall be no discrimination, interference, restmaint, or coercion by the Committee
or the Union or their respective agents against any employee because of membership or non-
membership in the Union.

Section 2, The Union agrees to represent all employees covered in this unit without regard to
membership or participation in, or association with the activities of the Union, or any other
employee organization, and to continue to admit said persous to membership without
qualification, other than the payment or periodic dues or initiation fees regularly required by the
Union. There shall be no discrimination by cither party against any employee because of race,
creed, color, sex or age.

Section 3. Any person who files a discrimination or retaliation claim at the MCAD, EEOC,
DLR, any court, or any other forum shall have no recourse to the grievance and arbitration
procedure set forth in Article 10 with regard to the employment actions or subject matters on
which the claim is based. If an employee files a discrimination or retaliation claim before or at
any time after the filing of a grievance concerning the employment actions or subject matters on
which the claim is based, the Union shall withdraw the grievance forthwith and an arbitrator
shall be without power to consider, decide, or award relief on the grievance. Such arbitration.
shall not be scheduled for heating sooner than 300 days after the original grievance filing date
unless the Committee agrees to the earlier date.

ARTICLE 5 - DUES DEDUCTION
The Committee agrees that effective on the signing of this agreement it will deduct membership

dues from the wages of any employee in the unit who has voluntarily submitted a written
authorization in the form set forth on the next page.

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The Treasurer of the Town of Winthrop, after such deductions are made, wil] remit a monthly
basis monies deducted to Financial Manager, SEIU Local 888, 529 Main Street, Suite 222,
Charlestown, MA 02129.

The efnployer will make no deduction on account of assessmeitts for back dues. The form of
written authorization to be honored by the employer for the deduction of union dues shall be
supplied by the Union.

The amount so deducted will be permitted in accordance with such authorization, provided that
the Committee shall be under no obligation to make any such deduction as aforesaid after the
termination of the term of this Agreement, if not extended during negotiations, and provided that
the Committee may cease making such deduction at any time upon behalf of any employee upon
timely receipt by the Superintendent of Schools of a revocation of the authorization from the
employee,

Request and authorization for voluntary allotment of compensation for payment of employee
organization dues and request the SEIU to act as my exclusive collective bargaining agent.

Name of employee (print-last name, first, middle)
Identification No. (Social Security or other)
Home Address (street and number) (City and State) Zip Code
‘ Agency (include bureau, division, branch or other designation)
Section A — For use by employee organization
Name of employee organization (include local branch, lodge, or other appropriate
identification) o ;
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 888

I hereby certify that the regular dues of this organization for the above-named member are
currently established at 1.6% per week.

Signature and title of authorized official, president or treasurer. Date.

1 HEREBY AUTHORIZE THE ABOVE NAMED AGENCY TO DEDUCT FROM MY
PAY BACH PAY PERIOD, OR THE FIRST FULL PAY PERIOD OF EACH MONTH, THE
AMOUNT CERTIFIED ABOUVE AS THE REGULAR DUES AND TO REMIT SUCH
AMOUNTS TO THAT EMPLOYEE ORGANIZATION IN ACCORDANCE WITH ITS
ARRANGEMENTS WITH MY EMPLOYING AGENCY, 1 FURTHER AUTHORIZE ANY
CHANGE IN THE AMOUNT TO BE DEDUCTED WHICH IS CERTIFIED BY THE ABOVE
NAMED EMPLOYEE ORGANIZATION AS A UNIFORM CHANGE IN ITS DUES

STRUCTURE.
SIGNATURE OF EMPLOYEE: DATE:

13901011

The Committee will incur no liability for loss of dues monies after depositing same properly
addressed as directed to the Union in the United States Mail. .

The Union shall indemnify and save the Committee and/or the Town of Winthrop harmless

against all claims, demands, suits or other forms of liability which may arise by reason of any

action taken in making deductions and remitting the same to the Union pursuant to this section.
ARTICLE 6 - AGENCY SERVICE FEE

Section J. Pursuant to General Laws, Chapter 150E, Sectiori 12, it shall be a condition of
employment that on or after the thirtieth (30") day of employment in the bargaining unit, or the

“effective date of this agreement, whichever is later, each and every member of the bargaining

unit shall pay to the Service Employees International Union an agency service fee which shall be
proportionally commensurate with the cost of collective bargaining and contract administration.
The agency fee shall be deducted at each pay period. :

Section 2. In consideration of the School Committee's agreement to an agency fee provision, the
Union hereby agrees to indemnify the School Committee, its agents, officers and employees and
hold them harmless from any and all claims, demands, suits, back pay, interest, or other form of
liability however denominated which may arise out of, or by reason of any action by the School
Committee, its agents, officers and employees in entering into or taken to enforce, or defend its
enforcement of, said provision including discharge for non payment, including all legal fees,
costs and damage awards incurred by the School Committee, its agents, officers and employees.

Section 3, No request to dismiss or suspend an employee for nonpayment of an agency service
fee shall be honored so long as there is a dispute before the Department of Labor Relations or a
court of competent jurisdiction as to whether the exchisive bargaining agent has complied with
the provisions of G.L. Chapter 150E, Section 12 and 456 CMR 17:00.

ARTICLE 7 - UNION ACTIVITY

Section 1, Except to the extent expressly permitted in Article 10 (Grievances) or except as
expressly approved by the Superintendent of Schools, no member of the Union shall conduct
union business on school property.

The Committee will provide space on which the Union may erect a bulletin board. The purpose
of the board will be for posting of notices by the Committee or the Union. No notices shall be
posted thereon unless it has been signed by a duly authorized representative of the Union after it
has been first submitted to the Administration. '

43901011

The content of such notices shall be limited to announcements of recreational or social events,
announcements of elections, appointments, results of elections, announcements of meetings,
posting of openings. No notice shall contain material of a controversial or offensive naturé.

Union officers and stewards shall be granted up to three (3) days unpaid leave per year for the
purposes of attending Union meetings or trainings. .

ARTICLE 8 - RIGHTS OF THE COMMITTEE

In recognition of the fact that the laws of the Commonwealth of Massachusetts vest
responsibility to the people of the Town of Winthrop in the Committee for the quality of
education in, and the efficient and economical operation of the Winthrop School System, it is
herein agreed that except 2s specifically and directly modified by express language in a specific
provision of this Agreement, the Committee and Superintendent retain all rights and powers that
they have or may hereafter be granted by law in managing the School Department and directing
the working force and may exercise the same at its discretion without any such exercise being
made the subject ofa grievance except as expressly provided herein,

Said rights and powers include but are in no way to be construed as limited to; the establishment
of rules and regulations; the right to determine the extent of which work will be performed by
members of the bargaining unit; the right to hire, fire, suspend, or in any other manner discipline
for just cause; to classify, promote, demote, transfer permanently or temporarily; to determine
hours for and the number of employees required at any location; to determine the qualifications
and competence of; to evaluate the performance of, to assign any added, lessened or differed
work or responsibility to; to set standards and requirements applicable to and make
determination of the steps and the eligibility for any wage increases for; to make any pay
deduction because of absence, or failure to perform work by, any employee covered by this
Agreement, and to introduce new or to change existing operational methods.

The above rights are reserved exclusively and solely as prerogatives of the Committee and
Superintendent subject only to such limitation as are expressly provided for in this Agreement.

Privatization and Contracting Out: In the event the Employer explores the privatization and
contracting out of any of the current food service operations, in whole or in part, such
privatization or contracting out shall be subject to the following provisions: .

a. In the event a contract is awarded to an outside vendor, the Committee will recommend
that current active employees shall be given hiring preference by such vendor.

b. The committee shall not prohibit any contractor from hiring unit employees unless law or
ethics policies prohibit it.

c. The Committee shall provide the Union with thrity (30) days prior notice of its decision
to award such contract to an outside vendor.

4380101_1

4. The Committee shall pay each bargaining unit employee jn full for any accrued unused
vacation. . :

ARTICLE 9 - SEPARABILITY AND SAVINGS

If any Article or Section of this Agreement or any Riders thereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or i€ the compliance with or
enforcement of any Article or Section should be restrained by such tribunal pending a
determination as to its validity, the remainder of this Agreement and of any Rider thereto, or the
application of such Article or Section to persons or circumstances other than those as to which it
has been held invalid or as to which compliance with or enforcement of has been restrained, shall
not be affected thereby: In the event that any Article or Section is held invalid or enforcement of
or compliance with which has been restrained as set forth above, the parties affected thereby
shall enter into the immediate collective bargaining negotiations upon the request of either party
for the purpose of arriving at 2 mutually satisfactory replacement for such Article or Section
during the period of the invalidity or restraint.

ARTICLE 16 - GRIEVANCE PROCEDURE

Section 1. For the purposes of this Agreement, a grievance shall be defined as a complaint
between the Committee and the Cafe Employee involving, only an alleged specific and direct
violation of express language of a specific provision of this Agreement.

Section 2. A grievance must be presented within ten (10) school days of the time of the
occurrence of the alleged contract violation and must be processed in accordance with the steps,
time limits, and conditions set forth below in this Article:

1. The employee shall take up the grievance or dispute in writing to the Food Service Director
within ten (10) school days of the occurrence giving tise to the grievance. The Disector shall
attempt to adjust the matter and shall respond in writing within ten (10) school days. Tf the
grievance is not satisfactorily settled at this step;

2. It may be presented in writing to the Superintendent of Schools within ten (1 0) school days
after the Food Service Director's response is due. ‘The Superintendent or his designee shall
respond in writing within five school days.

In the event the Superintendent determines that a meeting ig called for, he shall decide whether
the discussion shall take place during working hours or not. If the matter is not satisfactorily
settled at this step, it may bes

3. Appealed in writing within five school days after receipt of written answer of the
Superintendent by the employes to the Committee. The Committee or its designated

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representative and the employee, and if the employee so elects, counsel, shall meet to discuss the
grievance as promptly as possible, normally within 14 days, at a time designated by the
Chairman of the Schoo! Committee.

If any person or persons are to represent or appear with the employes at this meeting, the School
Committee will be informed in writing three days prior to the meeting the names and titles of
such persons, The School Committee or its designated representative shall elect whether this
discussion shall take place during working hours or not.

The School Committee will give its written answer to the grievance within ten days following
the conclusion of the meeting. If the Superintendent and the School Committee appoint a
designee under this Section, it shall not be the same person for both steps.

Section 3. A grievance not initiated within the time specified shall be deemed waived. Failure
of the Union to appeal a decision within the time limit specified will mean that the grievance
shall be considered settled on the basis of the decision last made and shall be ineligible for
further appeal. Failure of the School Committee to answer an appeal within the time limit
specified shall mean that the appeal may be taken to the next step immediately, The above
limitations may be waived by mutual agreement of the parties in writing.

ARTICLE 11 - ARBITRATION

Section 1. In the event either party elects to submit a grievance to arbitration, the arbitrator shall

=—E_

be selected according to and shall be governed by the following procedure;

The arbitrator is to be mutually selected by the Committee and the Union. If the Committee and
the Union cannot agree within seven school days after wtitten notice of intent to arbitrate has
been received from the Union, then the Union shall within five (5) school days thereafter request
the American Arbitration Association or Labor Relations Connection to provide a patel or
arbitrators, said arbitrator then to be selected under the provisions of the Voluntary Labor
Arbitration Rules.

Section 2, Each party shall bear the expense of its representatives, participants, witnesses and for
the preparation and representation of its own case. The fees and expense (if any) of the arbitrator
shall be shared equally by the parties provided that the obligation of the Committee to pay shall
be limited to the obligation which the Committee can legally undertake in that connection.

In no event shall any present or future member of the Committee have any personal obligation

_ for any payment under any provision of this Agreement. If either party desires a verbatim record
of the proceedings, it may cause such a record to be made, providing it pays for the record and
makes copies available without charge to the other party and the arbitrator. :

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Section 3. Notwithstanding anything to the contrary, no dispute or controversy shal] be a subject
for arbitration unless it involves only an alleged specific and direct violation of express language
of a specific provision of this Agreement. The arbitrator shall have no power to add to, subiract
from, or modify any of the terms of this Agreement. The parties are agreed that no restrictions
are intended on the rights and powers of the Committee except those specifically and directly set
forth in express language in specific provisions of this Agreement. The arbitrator shall arrive at
his decision solely upon the facts, evidence, and contentions as presented by the parties during
the arbitration proceedings.

Section 4. Subject to the limitations in Section 3, the decision of the arbitrator shall be final and
binding upon the parties hereto and upon any employee or employees affected thereby.

Section 5, The parties may by mutual agreement submit more than one pending grievance to the
same arbitrator,

ARTICLE 12 - VACANCIES AND TRANSFERS

In filling full-time and part-time vacancies in the Unit, due consideration will be given to the
requests of the Cafeteria Workers and their length of service within the System for transfers to
newly created or open positions,

Notices of all such vacancies will be posted upon the Bulletin Board. Said notices will contain
the date by which applications for such positions or transfers must be submitted.

Regular part-time helpers will be given first consideration for any new positions resulting from
expanded cafeteria facilities or vacancies in the current positions.

It is recognized that the final decision as io whether an individual will be transferred or where a
new employee will be located must rest with the Principal of the School, subject to the review
and approval of the Superintendent of Schools.

If the individual contends that the decision of the Superintendent is arbitrary or discriminatory
and bore no Yalid relationship to the efficiency of the Iunchroom operations, he may request and
obtain a hearing before the Schoo} Committee.

ARTICLE 13- WORK YEAR — HOURS OF WORK
‘Section 1, This Article is intended to set forth the basic work year and hours of work of cafeteria
personnel, but shall not be construed as limiting or determining the nature of the shift

arrangements or the day or hour on which any particular employee shall begin or end, or as a
restriction on the Committee's right to require work in excess of any specified periods.

43901071

Section 2. The work year for cafeteria personnel shall begin on the day prior to the first day of
school for students, and end no later than the last day of school for students.

Section 3. The norma! workday for full-time employees is 7 or more hours per day, including a
fifteen (15) minute coffee break.

The work schedule for regular part-time employees will be established by the Food Service
Director in accordance with his or her requirements.

Section 4, All cafeteria personnel shall sign in upon arrival at school. No cafeteria personal
shall leave the school premises during working hours without the express written permission of
the Food Service Director or, in his or her absence, the Principal of the building. .

Section 5. Cafeteria personnel will not be expected to report to work on any day in which school
is canceled in the building where they are assigned due to adverse weather conditions.

Cafeteria personnel will not be expected to report to work on holidays or during vacation periods
when school is not in session, but may be asked to fill in or cover a special event. Employees
shall be compensated for such events as specified in Article XVII, Sections 3 and 4.

ARTICLE 14 - JURY DUTY

Section 1, In the event that any full-time or part-time employee covered by this Agreement is
required to perform and does perform jury service, and in the event that the total weekly earnings
of the employee, including compensation for work performed for the Town of Winthrop and
compensation for such jury service is less than his/her regular compensation, the Committee
agrees to pay to the employees the difference between his/her actual weekly earnings and what
she/he would have eamed if she/he had performed such number of hours for the Town.

Section 2, As a condition of receiving such payment, the employee agrees that if during jury
service she is discharged for the day during regular working hours, she will report to the Food
Service Director for such work as may be assigned.

Section 3, An employes performing such jury service who desires the benefit of this article shall
be required to present weekly to the School Department a certificate signed by the Cletk of
Courts or other proof reasonably satisfactory to the Committee as to the time spent by the
employee in such jury service during the week and the amount of compensation received

therefore.

ARTICLE 15 - BEREAVEMENT LEAVE

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Section 1, Any-full-time employee covered by this Agreement is entitled to a leave of absence,
without loss of pay, of up to three consecutive days ending on the date of the funeral, in case of

death in the immediate family.

Section 2. The purpose of this leave is only to attend the fimeral of to attend to family or
personal matters arising as a result of the death.

Section 3. Part-time employees who are regularly scheduled to work 15 hours or more per week
. shall be entitled to a one day leave of absence to the funeral of a member of the immediate

family.
Section 4. The term "immediate family" shall include only the employee's spouse, child, father,
mother, sister, brother, grandparents, mother-in-law, father-in-law or grandparents of his/her
spouse.

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ARTICLE 16 - SICK LEAVE

Section 1. Full-time cafeteria personnel who work 7 or more hours will earn and accrue one day
of sick leave for each calendar month worked, up to-twelve (12) days per year. Part-time
employees who work 4 to 61/2 hours per day will earn and accrue two-thirds of a sick day per
month of the school year up to six (6) days per school year. Part-time employces who work 2 to
3 1/2 hours will eam and accrue two-thirds of a sick day per month of the school year up to six
(6) days per year.

Section 2, Unused sick leave will accumulate from year to year up to 4 maximum of (100)
workdays as of the beginning of any calendar year.

Section 3." Sick leave with pay shall be granted to employees when they are incapacitated by
their own sickness or injury, or for that within their immediate family.

Sick leave will, also, be granted in cases where exposure to contagious diseases or the presence
of the cafeteria emuployer at her post of duty would, in the opinion of the Committee, jeopardize
the health of others. Sick leave is not to be permitted for any other purpose,

Section 4.’ Employees shall notify the Food Service Director on the first day of absence due to

non-service connected sickness or injury stating the nature of the sickness or injury, the time

expected to be incapacitated, and the date on WI ich they expect to return to work,

All absences which exceed two days will be checked by the Food Service Director. If a doctor
has been called in by the employee, the Supervisor shall also check with the doctor.

Absences for periods of three days' duration or more or absences of two days which occur more
than twicé in a school year will be paid for only on submission of a doctor's certificate
satisfactory to the Superintendent of Schools, If the Committee determines it to be in the best
interests of the Town, the Superintendent shall have an independent doctor make an examination
and report. The costs for such an examination shall be borne by the Town.

Section 5. Except as specified under Wages, Section 2, employees whose services are
terminated for any reason shall not be entitled to compensation in lieu of sick leave not used.
Except on reinstatement afier an approved leave of absence, no sick leave credit for prior
employment will be allowed to any employee rehired after termination of services.

Sick leave earned following return to duty after a leave of absence without pay shall not be.

applied against such leave of absence.

Section 6. Sick leave credits will begin at once for a person starting work on the first working
day of the calendar month; otherwise, credits will begin to accumulate on the first day of the
month following employment, and will accumulate for cach calendar month thereafter.

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Section 7. Unauthorized absence or abuses of sick leave are grounds for disciplinary action up to
discharge. ,

Section 8. Any full-time employee covered by the Article who is absent from work due to a
work connected accident or disability and who is receiving worker's compensation may, at her
option, turn in her compensation check and receive her regular weekly pay, in exchange for a
deduction of 1/2 day of sick leave for each day absent to the extent she has such credits
available.

ARTICLE 17 - WAGES

Section 1. Effective at the execution of this contract, the following service differentials will be
added to the annual salary for full-time personnel in this Unit:

Years of | Differential
Continuous Service , Per Year

10 , $250.00
20 $400.00

30 $600.00

Section 2, In recognition of dedicated service to the Winthrop School Department, any full-time
employee covered by this Agreement who thas wotked for the Winthrop School System for
twenty years may obtain an increase in compensation in the final year by following the
procedure set forth below.

Eligible employees who desire to participate in this program will notify the Superintendent of
Schools by November 1 of the calendar year prior to that in which they intend to retire. If such
notice is submitted in writing by November 1, then at the commencement of the final calendar
year all accumulated sick leave (except that which is to be credited monthly during the final
year) shall be wiped off the books and in lieu thereof the hourly rate of the individual concemed
will be increased as of January by an amount equal to $20.00 per day for each day of sick feave
surrendered.

In the event the individual fails to retire immediately upon the conclusion of the calendar year for
which the money is appropriated (unless prevented from doing 50 by death) the employee will
agree in writing to pay the Town of Winthrop the differential between the earnings which she/he
actually received under the provisions of this Section and that which she/he would have received
had she/he not submitted the intention to retire, said amount to be deducted from the final
paychecks of the calendar year.

In the event the individual determines to retire at a time other than the end of the calendar year
the provisions of this Section may be altered to provide said increase in pay for the final twelve

13
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month period of employment provided that notice is given to the Committee in sufficient time to
make the appropriation for such increase.

Section 3. In the event an employee in this Unit is requested to work on New Teachers’
Orientation Day or to work at a special function, the hourly rate of pay will be one and one half
times the regular rate, with a minimum guarantee of two (2) hours work. ,

Section 4. Employees called into work by the Food Service Director will receive a minimum of
two (2) hours’ work. . .

Section 5. When an employee is assigned temporarily to a higher rated position, she shall
receive an additional two dollars ($2) per hour or the rate of the employee for whom she is filling
in, whichever is the lesser amount.

Section 6, The wage schedule of employees covered by this Agreement is set forth in Appendix
A . ‘

ARTICLE 18 - PERSONAL LEAVE

In each school year up to three (3) days may be utilized for imperative personal business which
could not be effectively conducted outside of the school hours. The first two (2) days. will be
exclusive of sick leave and the third will be deducted from sick leave,

Reasons for such leave must be made in writing to the Superintendent of Schools as soon as
possible and not less than 48 hours before the absence occurs whenever possible. This leave
shall not be requested so as to extend a holiday or vacation period, Approval of such leave shall
not be unreasonably withheld.

ARTICLE 19 - INSURANCE BENEFITS

Employees who work twenty (20) hours or more per week will be eligible to participate in the
Health Insurance Plan(s), Life Insurance Plan and Accidental Death and Dismemberment Plan

offered by the Town of Winthrop.

On the date of retirement, Life Insurance may be continued in the amount of $1,000 fully paid by
the retiree.

For the retired employee, the Hospital-Surgical-Medical coverage may be continued through the
local pension group. If an individual does not desire to remain in the Insurance Plan, the retired
employee may secure his Hospital, Surgical and Medical coverage under any conversion contract
offered by Harvard Pilgrim.

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4800101_1

The Town of Winthrop now participates in the Group Insurance Program. In the event the Town
alters its insurance benefits for al} Civil Service Personnel, said changes will be reflected in this
Asticle. It is understood that the School Department's only obligation hereunder is the making of
payroll deductions where required.

ARTICLE 20 - HEALTH AND SAFETY

Section 1. The parties agree to abide by all regulations of the Department of Health, of the Town
of Winthrop, of the Commonwealth of Massachusetts and of the Department of Public Safety.

ARTICLE 21 - UNIFORM ALLOWANCE

All managers and permanent employees who work more than 30 hours will receive $275.00 a
school year for clothing allowance.

All part-time employees who work 25 hours to 30 hours will receive $175.00 a school year for
clothing allowance. ;

All part-time employees who work 10 hours to 24 3/4 hours will receive $150.00 a school year
for clothing allowance. . ra . w.

Employees in this bargaining unit who are entitled at the signing of this Agreement to receive a
higher amount than set out above shall continue to receive that uniform allowance.

ARTICLE 22 - VACATION PAY

Vacation pay will cover employees who work at least twenty (20) hours per week and have
completed one (1) year of continuous service, The managers at the elementary schools and the
High School will receive two (2) weeks of vacation per year.

All Managers will be eligible for three (3) weeks vacation per year after completing five (5)
years of service as a Manager.

Vacation time can only be used when school is not in session (i.e. summer vacation and school
vacation weeks), or to supplement an extended medical leave when sick leave has been

exhausted.

Employees in this bargaining unit who are entitled at the signing of this Agreement to receive
more vacation than set out above shall continue to receive that vacation allotment.

All other employees are not eligible for vacation.

15
13801014

ARTICLE 23 - HOLIDAY PAY
All employees who work 20 to 34 hours pet week and have completed one (1) year of
continuous service shall receive five (5) paid holidays. Three (3) holidays shall be
Thanksgiving, Christmas and New Year’s Day; two (2) shall be floating holidays.

All managers and employees who work 35 or more hours per week and have completed one (1)
yeat of continuous service shall receive the following 10 paid holidays per year:

Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, New Year’s

Day, MLK Jr. Day, Evacuation Day, Patriots Day, Memorial Day and Bunker Hill Day

OR Labor Day (depending on which falls within the school year).
Employees in this bargaining unit who are entitled at the signing of this Agreement to receive
more holidays than set out above shall continue to receive that holiday allotment.

ARTICLE 24 - DISCHARGE AND DISCIPLINE

Upon completion of his/her probationary period an employee shall be disciplined or discharged
only for just cause. When the Employer in the exercise of its rights determines that
disciplinary action is warranted, the following formula shall apply:

() —_ Anoral warning will be given to the employee;

(ii) A written waming or suspension of no greater than five (5) days without pay
will be given to the employee; .

(iii) A second written warning or suspension of no greater than ten (10) days without
pay shall be given to the employee. .

(iv) The employee may be discharged for any further offense.
It is understood that adoption of the above progressive discipline policy does not prevent the
Employer from issuing a lengthy suspension or discharge in the first instance.
ARTICLE 25 - PROBATIONARY PERIOD
All employees covered by this Agreement shall serve a six (6) month work year probationary
period during which any discipline, suspension, demotion or discharge shall be in the sole

16
13901011

discretion of the Committee and shall not be subject to the grievance procedure of the
Agreement.

ARTICLE 26 - REDUCTION IN FORCE

When the Employer determines that a layoff of bargaining unit employees shall occur, it shall
consider qualifications, versatility and demonstrated performance in determining the order of
layofis, and shall retain jn service those employees judged. best able to meet the needs of the
Committee. When ail things are equal, seniority will be considered.

If members of the bargaining unit are laid-off, they shall be placed on the recall list for a period
of at least twenty-six (26) months. Individuals on this list shall have right of first refusal for any
bargaining unit position that becomes vacant or is re-established.

Employees will be notified of recall by certified mail at their last address on record at the Office
of the Superintendent. Jf an employee moves while on the recall list he/she is responsible to
notify the Superintendent's office of the change in address.

An employee will have fourteen (14) days to notify the Superintendent of his/her acceptance or
rejection of recall. Return of the undelivered letter by the Post Office will be considered. a
rejection of the recall. 2 .

ARTICLE 27 - EVALUATION OF EMPLOYEES

Cafeteria employees shall be evaluated on an annual basis by the Director/Manager of the
cafeteria operation. The attached form (see Appendix B) shall be used to evaluate employees.
An employee may grieve an overall performance evaluation rating of 1 or 2. .

ARTICLE 28 - NO STRIKE

It is expressly understood and agreed that the business of the Employer js that of a public entity
rendering an essential public service which is vital and necessary for the health and welfare of
the people, and is a business in which the public is vitally interested, and that efficient and
uninterrupted service must be furnished to the public. In addition, any strike, work stoppage OF
other concerted withholding of services is expressly forbidden by M.G.L. Chapter 1S0E. Any
violation of this Article by an employee shall subject the employee to discipline up to and
including discharge. ;

ARTICLE 29 - TRAINING

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43904014

The staff shall be required to attend mandatory meetings in September, December, February and
April when training will take place.

All Managers/Lead Cooks at each school shall become Serve Safe Certified within six (6)
months of the execution of the collective bargaining agreement. Al) assistants/PIC (Person In

Charge) at each school shall become Serve Safe Certified within twelve (12) months of the
execution of the collective bargaining agreement. .

_ Unit Managers shall be required to attend monthly meetings with the Food Service Director.

ARTICLE 30 - MISCELLANEOUS
Section 1. Members of the bargaining unit shall be subject to the CORI policy (Appendix C).

Section 2. To the extent members of the bargaining unit have been given access to keys to a
school they shall sign for and be subject to the Access to Keys Policy (Appendix D).

Section 3, All members of the bargaining unit will sign and follow the Winthrop Public Schools
Electronic Communication/Network Acceptable Use Policy (Appendix E).

Section 4: 1f an employee separates from service during the school year, he/she shall receive a
prorated amount of the longevity payment he/she would normally receive at the end of the school

year,

18
43R0104_1

ARTICLE 31 - DURATION

This Agreement shall become effective as of July 1, 2012, and shall continue in full force and
effect until June 30, 2015, and from year to year thereafter unless either party notifies the other
prior to January 1, 2015 or any January 1 thereafter of its desire to terminate or modify the
Agreement. .

ARTICLE 32 - COMMITTEE ON POLITICAL ACTION (COPA)

The Employer shall deduct and transmit to the SETU 888 COPA Fund contributions from the
wages of those employees who voluntarily authorize such contributions on the COPA check -off
authorization card provided by the Union. The deductions shall occur in whatever amount
authorized by the employee, and with the frequency specified on the COPA check-off
authorization card. The Employer will promptly deduct the authorized amounts from the

- individual employee’s paycheck and promptly remit those sums to SELU Local 888, along with

the list of employees who have had amounts deducted and the atnounts deducted for each of
those employees,

WINTHROP SCHOOL COMMITTEE SERVICE EMPLOYEES
INTERNATIONAL UNION,

LOCAL 888

Mark DelloRusso, SEIU Local 888 President

QL

eee -
1380107, 1 -

Pb Vila

APPENDIX A

Salary adjustment effective 9/1/12: 1.5%

Step 1 Step 2 Step 3 Step 4 Step 5 Step 10
Cafeteria
Manager $11.29 $11.56 $11.83 $12.11 $12.38 $15.14
Cafeteria
Asst.Mer/Cook $9.36 $9.63 $9.91 $10.18 $10.45 $11.01
Cafeteria $9.07 $9.36 $9.63 $9.91 $10.18 $10.47
Worker :

Increase by 0.50% effective March 1, 2013,

Increase by 2.00% effective September 1, 2013.

Increase by 2.25% effective September 1, 2014.

Upon promotion, employees shall go to the step closest to, but equal or greater than, their

previous rate.

20

APPENDIX A

Salary adjustment effective 3/1/13: 0.5%

Step 1 Step 2 Step 3 Step 4 Step 5 Step 10
Cafeteria . ,
Manager $11.35 $11.62 $11.89 $12.17 $12.44 $15.22
Cafeteria
Asst.Mgr/Cook | $9.41 $9.68 $9.96 $10.23 $10.50 $11.07
Cafeteria $9.12 $9.41 $9.68 $9.96 $10.23 $10.52
Worker :

Increase by 0.50% effective March 1, 2013.

Increase by 2.00% effective September 1, 2013.

Increase by 2.25% effective September 1, 2014.

Upon promotion, employees shall go to the step closest to, but equal ar greater than, their

previous rate,

21

APPENDIX A

Salary adjustment effective 9/1/13; 2%

Step 1 Step'2 Step 3 Step 4 Step 5 Step 10
Cafeteria - ,
Manager $11.58 $11.85 $12.13 $12.41 $12.69 $15.52
Cafeteria
Asst.Mgt/Cook $9.60 $9.87 $10.16 $10.43 $10.71 $11.29
Cafeteria $9.30 $9.60 $9.87 $10.16 $10.43 $10.73
Worker

Increase by 0.50% effective March 1, 2013,

Increase by 2.00% effective September 1, 2013.

Increase by 2.25% effective September 1, 2014.

Upon promotion, employees shall go to the step closest to, but equal or greater than, their

previous rate.

1380101_1

21

Salary adjustment effective 9/1/14 2.25%:

APPENDIX A

Step 1 Step 2 Step 3 Step 4 Step 5 Step 10
Cafeteria
Manager $11.84 $12.12 $12.40 $12.69 $12.98 $15.87
Cafeteria
Asst.Mgr/Cook | $9.82 $10,09 $10.39 $10.66 $10.95 $11.54
Cafeteria $9.51 $9,82 $10.09 $10.39 $10.66 $10.97
Worker

Increase by 0.50% effective March 1, 2013.

Increase by 2.00 effective September 1, 2013,

Increase by 2.25% effective September I, 2014.

Upon promotion, employees shail go to the step closest to, but equal or - greater than, their

previous rate.

4390101_1

. 22

' APPENDIX B

Winthrop Public Schools

Cafeteria Wraluation
+ Name of Employer,
"Didle of Poston : School:
Pevlod Coverct: _ Reasem fox Byolustiom
GENERAL FACTORS .
‘Nummeticg] Ratings 5 44a2 1. ° . 54321
. Sea Porformande Rating Definitions ©
1. Job Knoriedge 2. Appeamnas
Undesstands job emirate «=O oo Neat, clean end in corapliancs
‘ , withCltehnPoicy OOOO D
3. Sefoty and Sanitrvian <i Quality of Work
Practices eafs working, habits pDooaoood Eovel of excellence goooaagsd
5, Dependebitity . 6. Tnitistive Lo
* Retishility in attendance Self directed oouoan
and offort agnonan .
+A Jpdproent 8 Teamwork ©
Demonstrates sbility so make . ‘Willing to extend help
sound decisions oooddad foward athens gBoodo
+ 9, Learning Ability ” 40, Customer Satiafbction -
‘Takes and abldes by direorlon poood Te pleasant in dealing -
. with other nooad.
OVERALL PERFORMANCE (Always Civels One) 5 4 3 2 We

‘Naxeative Comomenta: (Por addition space, attach extra sheets of, paper.)

‘Evaluated Caféterla Personnel Commanls: (Sor nddition spece, wiinch exch sheers of papat)

| This to oetify that skis evaluation has beea Gsousaed with ms and Thave rege ory.

Byeluaied Gadoterta Bonznemnel Signatures . Dates
aan ; (iy signature dose dot necessarlly imply agteemiontt)
Bvalnator’s Signatnte:, Date,
et = . . =m. etal

Page 23 of 29 : o_—

APPENDIX C - CORE REVIEW POLICY

CRIMINAL OFFENDER RECORD INFORMATION (CORD REVIEW POLICY

In compliance with the provisions of Chapter 385 of the Acts of 2002 effective September 1, 4
2003 the Superintendent of Schoola shall request and review CORI reports. .

Employees shall be made aware that CORY reports concetning them are being requested. It shall
be a condition of employment for employees to complete the necessary forms to permit the
Superintendent to obtain the CORI report for each employee.

CORI report review for individual employees shall take place not more than once every three (3)
years, Employees may, upon request, receive a copy of the CORI report received by the
Superintendent.

All CORI reports shall be kept in a separate, secure file maintained in the office of the
Superintendent with only the Superintendent and his Bxecutive Secretary having access to the
CORI report with entries. CORI reports with entries shall be maintained with a blank cover
sheet over the CORT report, Upon termination of employment an employee may request in
writing that he/she be given his/her reports. Such reports shall be given to the employee within
ten (10) days of the request. : .

After review of a CORI report the Superintendent, if he/she deems necessary, may meet with the
employee who roay at such meeting be represented by the Association. Any and all personnel
actions resulting from information acquired from a CORI report shall be conducted pursuant to
the provisions of the collective bargaining agreement and the General Laws of the
Commonwealth.

. 24
3001011

APPENDIX D

ACCESS TO KEYS POLICY
WINTHROP SCHOOL DEPARTMENT

L , an employee at the School in

‘Winthrop, Massachnsetts acknowledge that I have been given keys to the
School(s). 1 understand and agree that as a recipient of the keys to the school I may access the
schoo) as needed in order for me to perform my job. 1 further understand that I am not permitted
to make additional sets of keys without authorization from nor am I

permitted to transfer, give or loan the keys to any individual who has not been authorized by
Principal of the School to receive a set of keys,

A violation of this policy may subject me to discipline.

Employee

19901011

APPENDIX E
Winthrop Public Schools
Electronic Communication System/Networ!
Acceptable Use Policy
WS Staff

Itis the policy of the Winthrop Public Schools that staff will use the school district’s electronic
communication systen/network.(“‘system/network”), including the Internet, voice mail and
email, in aresponsible, legal and ethical manner, Failure to do so or atherwise to comply with
this Acceptable Use Policy may result in the suspension or termination of system/network
privileges for the user, disciplinary action up to and including discharge, and/or prosecution
under federal or state Jaw.

PURPOSE
The system/network is the property of the school district and is intended to be used for business
purposes only. This may include using the system/network to conduct research and to
communicate with others conceming educational and business matters.

ACCEPTABLE USE
Use of the systen/network is a privilege, nota right. Any use of the system/network must be
consistent with, and directly related to, the educational objectives and business purposes of the
Winthrop Public Schools. A violation of the terms of this Acceptable Use Policy may result in
the suspension or termination of systen/network privileges, and also may result in other
disciplinary action, consistent with any applicable collective bargaining agreements, statutes or
district-wide disciplinary policies, Users should be aware that violation of these provisions that
constitute a crime also may result in criminal prosecution. .
The following conduct violates the Acceptable Use Policy:

1. Using the systen/network for personal or recreational purposes or activities,

2. Sendinig “chain letters” or “broadcast” messages to lists or individuals, ar subscribing to
“listserves” or “newsgroups,” without permission.

3. Accessing discussion groups or “chat rooms” whose purpose is not primarily educational.

4. Using the systen/network to buy, sell or advertise anything, without pennission.

5. Using the systen/network for gambling purposes.

6. Using the systerv/network for political campaigning purposes, including but not limited
oe to influence ballot questions or to promote or oppose a candidate for public

7. ‘Using or transmitting profane, obscene, vulgar, sexually explicit, threatening,
defamatory, abusive, discriminatory, barassing, criminal or otherwise objectionable

26
43001014

messages or materials via the systeny/ network. Employees also ars prohibited from
visiting Intemet sites posting such materials and from downloading or displaying such
materials. :

8 Using the system/network for illegal purposes, in support of illegal activities, in a manner
that violates “any federal or state law, or for an activity prohibited by school district
policy, including but not limited to the spreading of computer viruses.

9% Using another person's password or pretending to be someone else when using the
system/network.

10, Accessing, reading, altering, deleting or copying another user's messages or data without
express written approval,

11. Attempting 1o gain unauthorized access to system/network programs or computer
equipment, including attempts to override, or to encourage others to override, any
firewalls established on the system/ network,

12, _ Installing software or data on the system/network without first having the information
scanned by the systém/network administrator for viruses or other incompatibility.

Employees are required to comply with copyright, software licenses and intellectual property
laws. The school district strorigly condemns the illegal distribution (otherwise known as
“pirating”) of software, Any users who are caught transferring such files through the network,
and whose accounts are found fo contain such illegal files, shall have their systen/network
privileges terminated. In addition, all users should be aware that software piracy is a federal
offense and is punishable by a fine or imprisonment, .

MONITORED USE
All messages and information created, sent or retrieved on the system/network are the property

of the Winthrop Public Schools, and should not be considered to be confidential. The
system/network's backup mechanism automatically stores communications, including those that
employees “delete,” Although the school district does not plan to review such conumunications
on a regular basis, it reserves the right to access and monitor all messages and information on the
system,, as it deems necessary and appropriate in the ordinary course of business, to prevent
abuse by employees, to ensure the proper use of resources, and to conduct routine maintenance,
‘Where appropriate, communications, including text and images, may be disclosed to law
enforcement officials in response to proper requests, or to other third parties in the context of
proper requests in the course of litigation, without the prior consent of the sender or receiver,
Employees who use the system/netwatk are considered to have consented to such monitoring and
disclosure,

The system/network is not to be considered as a resource intended for use as a public forum or
for any purpose that is not directly related to the school district’s business interests.

27
s3007071

Email messages are public recards, subject to disclosure under G.L. c. 66, § 10, Email
communications, therefore, should be printed and maintained in hard copy in the school district’s
files, so that they can be made available to the public, vpon request, for inspection and copying.

Employees should avoid sending documents or information containing confidential or sensitive
material, such as student record and personnel information, viathe system/network, due to
concerns relating to the security of such documents or information.

Employees should not discuss litigation in email messages, becanse such messages are not
privileged and are subject to discovery in litigation against the school district.

LIABILITY .
The Winthrop Public Schools assumes no responsibility or liability for -

1. Any unauthorized charges or fees incurred as a result of an employee’s use of the
sy'stem/network, including but not limited to telephone charges, long distabco charges,
per minute surcharges and/or equipment or line charges.

2. Any financial obligations arising out of the unauthorized use of the network for the
purchase of products or services.

3, Any information or matorials that are transferred through the system/network.

4. Any cost, liability or damages caused by a user’s violation of this Acceptable Use Policy,
or any other inappropriate ,, use of electronic resources of the Winthrop Public Schools.

The Winthrop Public Schools makes no guarantee, implied or otherwise, regarding the reliability
of the data connection, and shall not be liable for any joss or corruption of data resulting while
using the system/ network.

28
42001011

P iF, Ei

. WINTHROP PUBLIC SCHOOLS
ELECTRONIC COMMUNICATION SYSTEM/NETWORK
ACCEPTABLE USE POLICY

EMPLOYEE CONFIRMATION OF RECEIPT
1 certify that I have received, been provided an opportunity to ask questions about the content of,
and understand the Electronic Cornmunication System/Network Acceptable User Policy of the
Winthrop Public Schools. .
Tacknowledge the Winthrop Public School telecommunication system including, but uot limited
to, voice mail, fax mail, electronic mai), and access to the Internet is Winthrop Public School
property and by my use of the system consent to the monitoring of the system.
I further acknowledge that my continued access to the telecommunication system is conditioned
upon strict adherence to the policy. Any violation of this policy or use of the Winthrop Public
School telecormmunication system for improper purposes shall subject me to discipline, up to,

and including, discharge.

Employee Name

Employee Signature Date

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413901014