t

AGREEMENT BETWEEN

LAWRENCE ADMINISTRATIVE SUPPORT STAFF ASSOCIATION LOCAL 6317

AND

THE CITY OF LAWRENCE SCHOOL COMMITTEE

EFFECTIVE: JULY 1, 2008 TO JUNE 30, 2011

UNION CONTRACT
CONTENTS OF AGREEMENT
Article I Intent & Purpose Pages 2
Article IT Recognition & Union Rights Pages 2,3,4
Article III Union Dues Pages 5
Article N Management Rights Pages 6
Article V Grievance Procedure Pages 6, 7, 8,9
Article VII Wages & Continuity of Employment Pages 9,10
Article vrn Seniority, Vacancies & Transfers Pages 11, 12
Article IX Work Hours Pages 12, 13, 14, 15, 16
Article X Holidays Pages 15, 16
Article XI Vacations Pages.l 6,.-1 7
.- - . - ---
,.
_-- _ .. >_> A.:rticlexII Leaves Pages 17
ArticleXm Sick Leaves Pages 18, 19
ArticleXN Insurance Pages 20
Article XV Longevity Pages 21
Article XVI Separability and Savings Pages 22
Article XVIT Duration Pages 23
Article XVIll Harmonious Relations Pages 23
Article XIX Miscellaneous Pages 24
Article XX Job Reclassification Study Committee Pages 25 AGREEMENT

Pursuant to the provisions of the Massachusetts General Laws, Chapter 150E, as amended, this Contract is made between the School Committee of the City of Lawrence, hereinafter referred to as the "Committee". and the City of Lawrence Administrative Support Staff Association Local 6317 hereinafter referred to as the "Union".

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ARTICLE I INTENT AND PURPOSE

The intent of the agreement is to promote a harmonious relationship "the Committee," and the "Union and to establish an equitable and peaceful resolution of differences concerning rate of pay, conditions of employment and other matters which are of general concern to the parties.

ARTICLEll RECOGNITION AND UNION RIGHTS

Section I

The Cominittee recogni zes theJJnioll-aS--tb~Glusiv&bargaining agent for-eaclh-l~an.nd~ev11le"'fI'Uy--:---employee of the Committee who functions primarily as a clerk, senior clerk, senior bookkeeper,

business office clerk, a third party payment specialist, a child identification specialist and for each

and every other employee within the School Department who provides the same or similar services

as said employee's primary job function. Notwithstanding the foregoing, any person within the

School Department who holds the position of the Secretary to the Superintendent, the Secretary to

the Assistant Superintendent, the Secretary to the Director of Administration and Finance, or the

Secretary to Personnel Director and all other "managerial" and "confidential" employees as defined

by Section I of Chapter 150B of Massachusetts General Laws shall be excluded from the bargaining

unit.

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Section IT No Discrimination

Neither the Committee nor the Union shall illegally discriminate against any Covered Employee by reason of such employee's race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation, physical handicap, Union membership or Union activity.

Section ill

Discharge and Removal of Covered Employees

An employee covered by this Agreement (hereinafter referred to as a "Covered Employee") and whose position is permanent may only be discharged for a good cause shown after procedural safeguards have been followed.

Section N

Benefits heretofore enjoyed by employees or permitted by Ordinance or Law which are not specifically provided for or abridged in this Contract shall continue under the conditions upon which they had previously been granted. This agreement shall not be construed to deprive employees of

any benefit of 12rotection granted under the I ,aws· of the Comme-llweaH~htlsetk--------

Section V

A.

Access and Additions to Personnel Files Access to Own Personnel File

Each Covered Employee will have the right, upon request, to review the contents of their own personnel file, during usual business hours.

Additions to Personnel Files

(1). No material derogatory to a Covered Employee's conduct, service or character will be placed in her personnel file, unit such Covered Employee has been notified, has had the opportunity to review the material and has been given a copy thereof. The Covered Employee will acknowledge that she has had the opportunity to review such material by affixing her signature to the copy to be filed. The Covered Employee's aforesaid written acknowledgment

shall not be deemed to indicate her agreement with the contents thereof such

B.

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acknowledgment shall, on its face and in bold print, instruct such Covered Employee that she has ten (10) days after receipt of it to submit a rebuttal thereto. After the Covered Employee has had the opportunity to review the material and has been given a copy thereof, her refusal to provide her written acknowledgment thereto shall not preclude the placement of such derogatory material in her file.

(2) If the said Covered Employee submits her written rebuttal in a timely manner, said rebuttal shall also be placed forthwith their personnel file.

SECTIONS VI

The Union President of the Designee of said Union President shall be permitted a reasonable amount of time during working hours to process grievances and unfair labor practices and shall be paid for the same as if he or she has worked. The privileges granted under this provision shall not be abused. The aforesaid Union representatives shall be. permitted to visit all School Department

buildings at all reasonable times to perform thciLaforestatedfunctions.-Whtm-V-isiting such sites, thP.----aforesaid Union representative shall not interfere with work in progress and shall notify the

supervisor in charge of such site of their presence.

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ARTICLEll UNION DUES

SECTION I Union Dues

The Committee shall deduct union dues and assessments from the wages of each employee in such amount as determined by the Union, upon the completion of such authorization by the employee as may be required by law or regulation. The Union agrees to indemnify the City andlor the Committee against any financial liability incurred in the complying with this section. SECTION IT Agency Fees

Employees covered by this Agreement, who are not Union members, shall be required as a condition of employment. to pay an agency fee, not to exceed union dues, which fee shall be proportionately commensurate with the cost of collective bargaining and Contract administrations. The Union agrees to indemnify the City against any financial liability incurred in complying with this section.

SECTION III

In order for the Union to safeguard its security, the City agrees to provide the Union President or the Union designee with a list of all new hires. within thirty (30) days of said hiring, pursuant to Articles IT and VIT, and conditions of said hiring.

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ARTICLE IV MANAGEMENT RIGHTS

Subject to the limits stated in the Agreement, the City of Lawrence Educational Administration Support Staff Association recognizes that the Lawrence School Committee retains the exclusive rights to manage its affairs including (but not limited to) the right to determine the means and methods of operation to be carried on, and to conduct school system operation in a safe and most efficient manner.

ARTICLE V GRffiVANCEPROCEDURE

A. DEFINITIONS

1. A "grievance is a claim based upon an event or condition which involved the interpretation, meaning or application of any of he provisions of this contract. A grievance to be timely must be filed within ten (10) working days of the time the Grievant knew or reasonably should have known of the cause of the grievance. Upon mutual agreement of the parties, this time requirement may be waived. The term "grievance" shall not apply to any matter as to which the School Committee is without authority to act.

2. An "aggrieved" person is the person or persons making the claim.

3. A "party of interest" is a person or persons making the claim, any person who might be required to take action, or against whom action might be taken in order to resolve the claim.

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B. PURPOSE

1. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may, from time to time, arise affective the welfare or working conditions of employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2. Nothing herein contained, will be construed ~s limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without the intervention of the Association, provided that adjustment is not inconsistent with the terms of this contract, and that the Association has been given the opportunity to be present at such adjustment and to state its views.

C. PROCEDURE

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may; however, be extended by mutual agreement.

3. Level One- A grievance to be timely must be filed within ten (10) working days of the time the Grievant knew or reasonably should have known of the cause of the grievance. Upon mutual agreement of the parties, this time requirement may be waived. An employee with a grievance will first discuss it withy his immediate superior, wither directly or through a representative of the Association, with the objective of resolving the matter informally. If the employee receives no satisfaction from the supervisor, the employee of the Union will proceed to Level Two.

4. Level Two - If the grievance is not resolved at Level One, the aggrieved employee or the Association shall present the grievance in writing to the Superintendent of Schools within ten (10)

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working days of its occurrence to when the employee should have known of its occurrence. The notice of grievance shall contain the following information:

a. Name and position of grievant.

b. A statement of the grievance and the facts involved.

c. The corrective action requested.

d. The name of the Association representative.

e. Signature(s) of grievant(s) or Association representatives.

The Superintendent, or his designated representative, will arrange for a meeting with the aggrieved employee and the Association representative. The Superintendent or his representative shall issue his decision, in writing, on the grievance as soon as possible, but no later than fifteen (15) working days after receipt of the appeal.

5. Level Three - If the grievance is still unsettled either party may, within fifteen (IS) working days after the reply of the Superintendent is due, by written notice to the other, request arbitration. The arbitration proceedings shall be conducted by an arbitrator to be selected by the Committee and the Association within seven (7) days after notice has been given. The arbitrator shall be selected in accordance with the Voluntary Rules ofthe American Arbitration Association. The arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of testimony and argument. The expense for the arbitrator's service and proceedings shall be borne equally by the Committee and the Association. 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 to the arbitrator. The decision of the arbitrator shall be final and binding. The arbitrator shall have no authority to modify, change or otherwise alter any terms or provision of this Agreement.

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D. RIGHTS OF EMPLOYEES TO REPRESENTATION

1. No reprisals of any kind will be taken by the School Committee or by any number of the

administration against any party in interest, any member of the Association. or any other participant in the grievance procedure by reason of such participation.

2. Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing within the Association. When an employee is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

3. Any employee may be represented at all stages of a disciplinary action by a person of his own

choosing within the Association.

ARTICLEVll

WAGES AND CONTINUITY OF EMPLOYMENT

SECTION I

Level I Starting base

Level IT In order for a 52-week employee to reach Level IT, said employee must complete a 52-week period. In the event that they are hired within the fiscal period. it shall be required that she be on the payroll for a minimum of 52 weeks. Two hundred and one (201) day clerks, in order to reach Level Il, will be required to be on the payroll for two hundred and one (201) working days before achieving Level II.

SECTION JI * Hourly Rate Wages

See Schedule A

The percentage figures in Section I of this Article shall supersede the dollar figure found in Section ill of this Article. if there is any inconsistency between the two Sections.

SECTION ill

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All fifty-two (52) week Covered Employees shall be paid in twenty-six (26) equal consecutive installments conunencing in July of each year. Two hundred and one (201) day clerks shall be paid in the first pay period in September on a bi-weekly basis.

SECTIONN

Negative action pursuant to an evaluation may include, but not limited to, the withholding of a step increment. The applicability of this section is conditioned upon the School Department's implementation of a uniformed evaluation procedure.

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ARTICLEvrn

SENIORITY, VACANCIES AND TRANSFERS

SECTION I

Seniority shall be defined as the length of permanent employment within the Bargaining Unit, which shall begin on the effective date that the employee is voted by the School Committee to be permanent. The above mentioned criteria shall be used for the purpose of:

A. Vacation selection.

B. Reduction in the work force. This provision will be applied distinctly within the designated groups of 52 week employees1201 day employees and within the distinct classification categories as delineated in Schedule A, within Article VII. All members of the bargaining unit shall be designated as "senior" to any employee classified as temporary and employed in a bargaining unit position.

C. Provisions of Article IX.

D. Recall of Employees laid off during any reduction in workforce. Recall shall be made by the individual member's seniority within the bargaining unit, using the criteria of categories and classification listed in SECTION I, part (b). The Committee shall use the recal1list of all terminated employees for a period of one full calendar year after the reduction of workforce. At the expiration of one calendar year after the reduction of workforce, a list of members choosing to remain upon the recall list shall be kept for a second period of one calendar year. The option to remain on the recall list for the second calendar year will be the responsibility of the Union member to notify the School Committee and Union, in writing, of their choice to remain on the recall list.

SECTION IT V ACANCIBS AND TRANSFERS

Whenever a vacancy in an establish clerical position occurs, it will be adequately publicized by the Superintendent and/or his designee. The qualifications, duties and rate of compensation will be set forth. A written notice of any vacancy will be given to the Association and all personnel so that a minimum of two (2) weeks is established for submission of application for all positions. In filling such vacancies or positions, additional consideration will be given by the Superintendent to

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qualified members already employed by the School Department based on seniority. Appointments will be made without regard to race, creed, color, religion, nationality, sex, political considerations or marital status. The parties agree that this Article shall not be applied nor construed in a manner that is contrary or supercedes the provisions of M.G. L. C 71 § 59B (The Education Reform Act).

ARTICLElX HOURS OF WORK SECTION I REGULAR WORKWEEK

The regular scheduled worksheet for all Covered Employees shall be Monday through Friday, inclusive, in each week.

SECTION IT WORKING HOURS AND LUNCHES

A. 52-Week Covered Employees Assigned to Food Service at Lawrence High School 1. During the school year

On each work day during the school year, 52-Week Covered Employees, including school based 52-Week Clerks who are assigned to the Food Service at Lawrence High School shall be required to be at work for not more than eight and one-half (8.5) hours between the hours of 6:00 A.M. and 3:00 P.M. and shall be entitled, during those hours, to take an unpaid lunch break lasting thirty (30) minutes.

2. After the school year

On each workday after the end of the school year, 52-Week Covered Employees who are assigned to the Food Service at Lawrence High School shall be required to be at work for not more than eight (8.0) hours between the hours of 6:00 A.M. and 3:00 P.M. and shall be entitled, during those hours, to take a paid lunch break lasting thirty (30) minutes.

B. 52-Week Covered Employees Assigned to Adult Basic Education Center

1. During the school year

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On each work day during the school year, 52-Week Covered Employees who are assigned to the Adult Basic Education Center shall be required to be at work for not more than eight and one-half (8.5) hours between the hours of7:00 A.M. and 9:00 P.M. and shall be entitled. during those hours. to take an unpaid lunch break lasting thirty (30) minutes.

2. After the school year

On each workday after the end of the school year , 52-Week Covered Employees who are assigned to the Adult Basic Education Center shall be required to be at work for not more than eight (8.0) hours between the hours of7:00 A.M. and 9:00 P.M. and shall be entitled, during those hours, to take a paid lunch break lasting thirty (30) minutes.

C. All Other 52-Week Covered Employees

1. During the school year

On each work day during the school year, all 52-Week Covered Employees who are not assigned to either the Food Service at Lawrence High School or the Adult Basic Education Center shall be required to be at work for not more than eight and one-half (8.5) hours between the hours of 7:00 A.M. and 5:00 P.M. and shall be entitled, during those hours, to take an unpaid lunch break lasting thirty (30) minutes.

2. After the school year

On each work day after the end of the school year , 52-Week Covered Employees who are not assigned to either the Food Service at Lawrence High School or the Adult Basic Education Center shall be required to be at work for not more than eight (8.0) hours between the hours 0[7:00 A.M. and 5:00 P.M. and shall be entitled, during those hours. to take a paid lunch break lasting thirty (30) minutes.

D. All 201 Day Covered Employees

1. On each work day, a1l201-Day Covered Employees shall be required to be at work for not

more than eight (8.0) hours between the hours of 7:00 A.M. and 5:00 P.M. and shall be entitled,

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during those hours, to take a paid lunch break lasting thirty (30) minutes.

SECTION m OVERTIME

Any employee who is required and authorized in advance to work in excess of her regularly scheduled hours in a week shall either receive compensatory time off for such hours at the mutual convenience of the employee and her supervisor or she shall be paid for such hours at her regular straight time rate up to forty (40) hours in a given week and at the rate of one and one-half times her regular straight time rate after forty (40) hours. The election of compensatory time or pay for such extra hours shall be determined by the Committee. Any compensatory time off for excess hours worked between September 1 and June 30 must be allowed and taken prior to August 31. In the event that the foregoing clause should be determined to be inconsistent with the Fair Labor Standards Act, it shall be modified to conform to that law. This provision shall not apply to any non-union personnel who may receive the benefits contained in this agreement by their job description.

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ARTICLE IX HOURS OF WORK

SECTION I

The following days will be considered to be paid holidays:

January 1 Presidents' Birthday Patriots' Day

July 4th

Columbus Day Thanksgiving Day Christmas Day

Martin Luther King Day Good Friday

Memorial Day

Labor Day Veterans'Day

Friday after Thanksgiving

Regular full-time employees will be granted the following holidays with pay status provided the employee generally works the complete last scheduled day prior to the holiday and the complete first scheduled day after the holiday. Employees may be excused from complying with the foregoing work requirement for reasons of verifiable illness or other reasonable excuse acceptable to the Superintendent. Two hundred and one (201) day week clerks shall be eligible to receive holiday pay for all legal holidays from Labor Day up to and including Memorial Day, provided that they have been required to work the business day immediately preceding said holiday.

If a holiday falls on a day in the non-paid week, the 201 day clerks shall have the following options:

1. Take compensatory time.

2. Add a day to accumulated sick leave in lieu of taking compensatory time.

3. Cash payment made for the holidays.

If compensatory time is taken, it may not be taken immediately before or after the vacation period of a three day week.

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SECTIONll

In the event that additional holidays are approved by the State or Federal Government during which school operations are to be closed, members of the Union shall be entitled to said days.

ARTICLE XI VACATIONS

An employee covered by this Agreement for the purposes of this section shall receive vacation time as follows:

A. Fifty-two (52) week clerks who have been employed for thirty (30) weeks or more shall be entitled to a paid vacation of ten (10) working days. After five (5) years a paid vacation of three (3) weeks. After ten (10) years of aggregates service an employee shall be entitled to paid vacation of four (4) weeks.

B. Two hundred and one (201) days employees, hired prior to January 1) 1987, shall be entitled to ten (10) paid vacations days at the completion of one year of service. (One year of service . equals two hundred and one (201) working days.)

C. Two hundred and one (201) day employees hired after January I, 1987 but, before July 1, 1993 shall be entitled to 83% of the vacation time as described above in Paragraph (B). Effective upon execution of this agreement, two hundred and one (201) day clerks who begin employment after July I, 1993 will be eligible to receive 4 paid days of vacation between Christmas and New Years payable on/or before June 30.

D. Fifty-two (52) week personnel who are entitled to fifteen (15) or more paid vacation days will be allowed to take up to five (5) days of consecutive paid vacation during the school year with the agreement of their immediate supervisor.

E. Two hundred and one (201) day employees shall not take vacation while school is in session.

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F. For the purpose of this article, years of service shall be computed as of the anniversary date of the employee's membership in the bargaining unit

ARTICLExn LEAVES

1. Personal Leave - Employees shall be granted two (2) days ~f leave per year, for the purpose of transacting or attending to imperative business (household or family matters impossible to transact during non-school hours). Fifty-two (52) week Covered Employees shall be entitled to three (3) days of personal day each year. One day of such leave may be used when a holiday is on a day removed from a weekend. Such leaves must be approved by immediate supervisor for person involved, and except for emergencies, 48 hours notice must be given. Bargaining unit members of the Jewish faith shall be excused for a total of up to two (2) days without loss of pay on Rosh Hashanah and Yom Kippur.

2. Bereavement Leave - Each employee will be allowed five (5) days bereavement leave in the event of death in the immediate family - parents, spouse, children, grandchildren, sibling, grandparent, mother-in-law, father-in-law, daughter-in-law, son-in-law, or other persons who reside in the household. All bereavement leave is to be taken at the time of the funeral. Two (2) days of bereavement leave will be allowed in the event of the death of other close relatives.

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ARTICLE XIII SICK LEAVE

SECTION I

Each fifty-two (52) week employee shall be granted fifteen (15) days of sick leave each year.

Each two hundred and one (201) day employee shall be granted 83% of fifty-two (52) week employee's sick leave each year.

All employees shall be able to accumulate sick leave up to a maximum of two hundred (200) days. Personal days not used at the end of the year shall be added to the sick leave accumulation in each year of the contract subject to the maximum accumulation level.

SECTIONll

Upon an employee's voluntary or involuntary retirement or in the event of her death, the employee's heirs at law, shall be paid on the next pay day following such retirement or death a lump sum equivalent to one-third (1/3) of her accumulated, unused sick leave.

SECTIONll

4 ••••• • __ •• _ •• , • __ ~ _~~_ 0- - .. -

In cases of absence of more than five (5) days, an employee upon request by the Superintendent, must file with the Superintendent's office, a statement from a registered physician, dentist or chiropractor, that he is treating the employees; a certificate may be required by the Superintendent at any time at his discretion. Failure to file such certificate within a reasonable time may result in loss of pay for the period involved. The Superintendent at his discretion may designate a physician, dentist or chiropractor to examine the employee, in which event, such examination shall be paid for by the School Committee. In the event there is a conflict of opinions, the parties shall agree upon a third neutral expert to examine the employee.

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-,

j

SECTIONN

Any employee who fails to return as scheduled from an approved leave of absence and who is not excused by the Superintendent shall be considered to have resigned from employment. All employees shall be given written notice of this provision prior to commencement of any leave of absence.

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ARTICLE XIV INSURANCE

SECTION I

Employees coved by this Agreement shall be provided an opportunity to join the City of Lawrence Group Insurance Plan which provides for group life insurance and group hospitalization and surgical benefits, with the employee making the same contribution as all other City employees. Admission to the membership in said plan shall be in accordance with the terms and conditions of the Contract between the City of the insurance carrier. Effective September 1,2005, the City shall pay 75% of the cost of such group hospitalization surgical plan or shall pay 80% of an authorized H.M.O. and/or dental plan.

The Union agrees that it will negotiate with the Committee concerning health insurance within fifteen (15) days of receiving written notice of the Conunittee's desire to do so during the term of this Agreement; provided, however, that, by so agreeing, the Union does not agree that the Committee has the right to implement any change in the absence of the Union's written agreement to such change.

The City of Lawrence shall, upon approval of the Union and all other eligible bargaining units covered by the Conunittee and the City, subject to applicable law, offer Covered Employees a Section 125 Pre-Tax deduction for various group insurance benefits,

Unit members agree to accept the provisions ofM.O.L. Ch. 32B, § 19 and the election of the City to provide health care coverage to its employees, retirees, surviving spouses or dependents, pursuant to said statute.

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ARTICLE XV LONGEVITY

A. Fifty-two (52) Week Covered Employees will receive longevity payments in the amounts determined as set forth below:

SEE SCHEDULE B

B. Two hundred and one (201) Day Covered Employees will receive longevity payments in the amounts determined as set forth below:

SEE SCHEDULE C

Payments, based on service to the City of Lawrence, will be made annually on the first pay period in December. Eligibility for longevity payments will be determined as of December 31 of the previous school year.

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ARTICLE XVI SEPARABILITY AND SAVINGS

In an Article or Section of this Agreement, or any Riders thereto, should be held invalid by operation of law or by any tribunal or competent jurisdiction, or if the compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its invalidity, the remainder of this Agreement and or 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, the remainder of this agreement 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 a mutually satisfactory replacement for such Article or Section during the period of the invalidity or restraint.

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ARTICLE XVII DURATION

This agreement shall continue in full force and effect from July 1,2008 until June 30,2011, or until such time as a successor agreement has been ratified. Such successor agreement shall be retroactive except as otherwise agreed upon in negotiations. If either party to this agreement wishes to inaugurate collective bargaining or discussion over changes they may wish to introduce into this agreement, it shall agree that notice of the substance of the changes and language with such desired changes are to be expressed, and shall be mailed to the authorized parties thirty (30) days prior to the termination of this agreement. After receiving such notice of such changes, it shall forthwith seek to establish a meeting for the purpose of discussion. Nothing in this Article shall preclude the Union or the School Committee from modifying any previous proposals during the course of the pending negotiations.

ARTICLE xvrrr HARMONIOUS RELATIONS

It is the intent of the parties to continue a harmonious relationship. In order to foster this intent, the Superintendent and the Union shall meet four (4) times a year, quarterly, during the months of March, June, September and December to discuss all matters relating to this Contract and the employer-employee relationship in general.

The Union shall request these meetings and present an agenda for discussion to the Superintendent at least forth-eight (48) hours in advance of the scheduled meeting.

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ARTICLE XIX MISCELLANEOUS

SECTION I - SNOW DAYS

Two hundred and one (201) day clerks shall be eligible for not more than two (2) days per year with pay for cancellation of school due to snow. All additional snow days in excess of two (2) snow days per year will be made up by extending the school year until two hundred and one (201) working days have been completed.

SECTION IT - PROFESSIONAL DEVELOPMENT DAYS

The Superintendent may schedule, with five (5) business day notice, up to three (3) additional days with pay each year for the purpose of training and/or professional development for two hundred and one (201) day clerks.

The Superintendent may schedule, with five (5) business day notice, up to one professional development for fifty-two (52) week clerks.

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IN WITNESS WHEREOF the parties have hereunto set their hands and seals this on the dates written next to their names.

School Conunittee of the City of Lawrence

Support Staff Association

~m

Witnesses and Approved

By: r71~((Pcmj~

.Naonll R. Stonberg . . .

Attorney for the Lawrence School Committee

Witnesses and Approved

. r;)rltJ7

Date Signed: / j

~

Date Signed: 9 P:5jzFi-

Date Signed:

Steve Asadoorian

Field Representative for Lawrence Administrative Support Staff Association Local 6317

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Date Signed: (1/;.40 Ii

ADMINISTRATIVE SUPPORT STAFF PAY SCALE JULY 1,2008 TO JULY 1,2010

Clerks, Child ID
3RD PPSpec.
71112008 7/1/2609 7/1/2010
STEPl 14.80 15.24 15.70
STEP 2 16.44 16.93 17.44
STEP 3 18.08 18.62 19.18
STEP 4 19.72 20.31 20.92
STEPS 20.50 21.12 21.75
Clerk Stenographer
STEPl 15.18 15.64 16.11
STEP 2 16.85 17.36 17.88
STEP 3 18.49 19.04 19.61
STEP 4 20.12 20.72 21.34
STEPS 20.90 21.53 22.18 Senior Bookkeeper
STEPl 18.35 18.90 19.47
STEP 2 19.72 20.31 20.92
STEP 3 21.50 22.15 22.81
STEP 4 22.47 23.14 23.83
STEPS 23.27 23.97 24.69 ADMINISTRATIVE SUPPORT STA.FF - LONGEVITY JUNE 1,2008 TO JUl;Y I, 2010

20J Day Longevity

December 2008

December 2009

December 201l

At least 5 years of service, but Less than JO years of service.

$715.00

$736.00

$758.00

At least l O years of service, but less than 15 years of service.

$1055.00

$1087.00

$1120.00

At least 15 years of service, but less than 20 years of service.

$1536.00

$1582.00

$1629.00

At least 20 years of service, but less than 25 years of service.

$2062.00

$2124.00

$2186.00

At least 30 years of service

$2547.00 $2623.00 $2702.00
$2649.00 $2728.00 $2810.00
Plus $25.00 for Plus $25.00 for Plus $25.00 for
each year in each year in each year in
of service in of service in of service in
excess of 30 years excess of 30 years excess of 30 yeE At least 25 years of service, but Lessthan 30 years of service.

..... 52 Week lAmgel'ity .
December 2008 December 2009 December 20J(
At least 5 years of service, but
less than 10 years of service. $850.00 $876.00 $902.00
At least 10 years of service, but $1258.00 $1296.00 $1335.00
less than 15 years of service.
At least 15 years of service, but $1805.00 $1859.00 $1915.00
Less than 20 years of service.
At least 20 years of service, but $2397.00 $2469.00 $2543.00
Less than 25 years of service.
At least 25 years of service, but $2948.00 $3036.00 $3127.00
less than 30 years of service.
At least 30 years of service $3509.00 $3614.00 $3722.00
Plus $25.00 for Plus $25.00 for Plus $25.00 for
each year in each year in each year in
of service in of service in of service in
excess of30 years excess of 30 years excess of 30 yea AGREEMENT BETWEEN

LA wHENCE ADMINISTRATIVE SUPPORT STAFF ASSOCIATION LOCAL 6317

AND

TIlE CITY OF LAWRENCE SCHOOL COMMlTIEE

. .

EFFECTIVE: JULY 1,2005 TO JUNE 30, 2008

AGREEMENT

Pursuant to the provisions of the Massachusetts General Laws, Chapter 150E, as amended, this Contract is made between the School Conunittee of the City of Lawrence, hereinafter referred to as the "Committee" , and the City of Lawrence Administrative Support Staff Association Local 6317 hereinafter referred to as the "Union".

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Section II

No Discrimination

Neither the Connnittee nor the Union shall illegally discriminate against any Covered Employee by reason of such employee's race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation, physical handicap, Union membership or Union activity.

Section III Discharge and Removal of Covered Employees

An employee covered by tins Agreement (hereinafter referred to as a "Covered Employee") and whose position is permanent may only be discharged for a good cause shown after procedural safeguards have been followed.

Section IV

Benefits heretofore enjoyed by employees or permitted by Ordinance or Law which are not specifically provided for or abridged in this Contract shall continue under the conditions upon which they had previously been granted. This agreement shall not be construed to deprive employees of any benefit of protection granted under the Laws of the Commonwealth of Massachusetts. .

Section V

Access and Additions to Personnel Files Access to Own Personnel File

Each Covered Employee will have the right, upon request, to review the contents of their own personnel file, during usual business hours.

B. Additions to Personnel Files

A.

(1). No material derogatory to a Covered Employee's conduct, service or character will be placed in her personnel file, unit such Covered Employee has been notified, has had the opportunity to review the material and has been given a copy thereof. The Covered Employee will acknowledge that she has had the opportunity to review such material by affixing her signature to the copy to be filed. The Covered Employee's aforesaid

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ARTICLE III UNION DUES

SECTION I Union Dues

The Committee shall deduct union dues and assessments from the wages of each employee in such amount as determined by the Union, upon the completion of such authorization by the employee as may be required. by law or regulation. The Union agrees to indemnify the City and/or the Committee against any financia1liability incurred in the complying with this section.

SECTION II Agency Fees

Employees covered by this Agreement, who are not Union members, shall be required as a condition of employment, to pay an agency fee, not to exceed union dues, which fee shall be proportionately conunensurate with the cost of collective bargaining and Contract administrations.

The Union agrees to indemnify the CitY against any financial liability incurred in complying with this section.

SECTION HI

In order for the Union to safeguard its security, the City agrees to provide the Union President or the Union designee with a list of all new hires, within thirty (30) days of said hiring, pursuant to Articles II and VII, and conditions of said hiring.

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B.

PURPOSE

1. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may, from time to time, arise affective the welfare or' working conditions of employees. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2. Nothing herein contained, will be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without the intervention of the Association, provided that adjustment is not inconsistent with the terms of this contract, and that the Association has .been given the opportunity to be present at such adjustment and to state its views.

c. PROCEDURE

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

1. Level One - A grievance to be timely must be filed within ten (10) working days of the time the Grievant knew or reasonably should have known of the cause of the grievance. Upon mutual agreement of the parties, this time requirement may be waived. An employee with a grievance will first discuss it withy his immediate superior, wither directly or through a representative of the Association, with the objective of resolving the matter informally. If the employee receives no satisfaction from the supervisor, the employee of the Union will proceed to Level Two.

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D. 1.

RIGHTS OF EMPLOYERS TO REPRESENTATION

No reprisals of any kind will be taken by the School Committee or by any number of the

administration against any party in interest, any member of the Association, or any other participant in the grievance procedure by reason of such participation.

2. Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing within the Association. When an employee is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

3. Any employee may be represented at all stages of a disciplinary action by a person of his

own choosing within the Association.

.,

.. '

ARTICLE vn

WAGES AND CONTINUITY OF EMPLOYMENT

SECTION I Level I Level II

Starting base

In order for a 52~week employee to reach Level II, said employee must complete a 52-week period. In the event that they are hired within the fiscal period, it shall be required that she be on the payroll for a minimum of 52 weeks. Two hundred and one (201) day clerks, in order to reach Level II, will be required to be on the .payroll for two hundred and one (201) working days before achieving Level II.

SECTION II * Hourly Rate Wages

See Schedule A

The percentage figures in Section I of this Article shall supersede the dollar figure found in Section ill of this Article, if there is any inconsistency between the two Sections.

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ARTICLE VIII

SENIORITY , VACANCIES AND TRANSFERS

SECTION I

Seniority shall be defined as the length of permanent employment within the Bargaining Unit, which shall begin on the effective date that the employee is voted by the School Committee to be permanent. The above mentioned criteria shall be used for the purpose of:

A. Vacation selection.

B. Reduction in the work force. This provision will be applied distinctly within the designated groups of 52 week employees/20I day employees and within the distinct classification categories as delineated in Schedule A, within Article VII. All members of the bargaining unit shall be designated as "senior" to any employee classified as temporary and employed in a bargaining unit position.

C. Provisions of Article IX.

D. Recall of Employees laid off during any reduction in workforce. Recall shall be made by the individual member's seniority within the bargaining unit, using the criteria of categories and classification listed in SECTION I, part (b). The Committee shall use the recall list of all terminated employees for a period of one full calendar year after the reduction of workforce. At the expiration of one calendar year after the reduction of workforce, a list of members choosing to remain upon the recall list shall be kept for a second period of one calendar year. The option to remain on the recall list for the second calendar year will be .the responsibility of the Union member to notify the School Committee and Union, in writing, of their choice to remain on the recall list.

SECTION II VACANCIES AND TRANSFERS

Whenever a vacancy in an establish clerical position occurs, it will be adequately publicized by the Superintendent andlor his designee. The qualifications, duties and rate of compensation will be set forth. A written notice of any vacancy will be given to the Association

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.•.

and shall be entitled, during those hours, to take a paid lunch break lasting thirty (30) . minutes.

B.

52-Week Covered Employees Assigned to Adult Basic Education Center

1. During the school year

On each work day during the school year, 52-Week Covered Employees who are assigned to the Adult Basic Education Center shall be required to be at work for not more than eight and one-half (8.5) hours between the hours of 7:00 A.M. and 9:00 P.M. and shall be entitled, during those hours, to take an unpaid lunch break lasting thirty (30) minutes.

2. After the school year

On each workday after the end of the school year, 52-Week Covered Employees who are assigned to the Adult Basic Education Center shall be required to be at work for .not more than eight (8.0) hours between the hours of7:00 A.M. and 9:00 P.M. and shall be entitled, during those hours, to take a paid lunch break lasting thirty (30) minutes.

C. All Other 52-Week Covered Employees

1. During the school year

On each work day during the school year, all 52-Week· Covered Employees who are not assigned to either the Food Service at Lawrence High School or the Adult Basic Education Center shall be required to be at work for not more than eight and one-half (8.5) hours between the hours of7:oo A.M. and 5:00 P.M. and shall be entitled, during those hours, to take an unpaid lunch break lasting thirty (30) minutes.

2. After the school year

On each work day after the end of the school year, 52-Week Covered Employees who are not assigned to either the Food Service at Lawrence High School or the Adult Basic Education Center shall be required to be at work for not more than eight (8.0) hours

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ARTICLE IX HOURS OF WORK

SECTION I

. The following days will be considered to be paid holidays:

January 1 Martin Luther King Day

Presidents' Day Good Friday

Patriots' Day Memorial Day

July 4th

Columbus Day Thanksgiving Day Christmas Day

Labor Day Veterans'Day

Friday after Thanksgiving

Regular full-time employees will be granted the following holidays with pay status provided the employee generally works the complete last scheduled day prior to the holiday and the complete first scheduled day after the holiday. Employees may be excused from complying with the foregoing work requirement for reasons of verifiable illness or other reasonable excuse acceptable to the Superintendent. Two hundred and one (201) day week clerks shall be eligible to receive holiday pay for all legal holidays from Labor Day up to and including Memorial Day, provided that they have been required to work the business day immediately preceding said holiday.

If a holiday faIls on a day in the non-paid week, the 201 day clerks shall have the following options:

1.

2. 3.

Take compensatory time.

Add a day to accumulated sick leave in lieu of taking compensatory time. Cash payment made for the holidays.

If compensatory time is taken, it may not be taken immediately before or after the vacation period of a three day week.

15

vacation during the school year with the agreement of their immediate supervisor.

E.

Two hundred and one (201) day employees shall not take vacation while school is

in session.

F. For the purpose of this article, years of service shall be computed as of the anniversary date of the employee's membership in the bargaining unit.

ARTICLE XII LEAVES

1. Personal Leave - Employees shall be granted two (2) days of leave per year, for the purpose of transacting or attending to imperative business (household or family matters impossible to transact during non-school hours). Fifty-two (52) week Covered Employees shall be entitled to three (3) days of personal day each year. One day of such leave may be used when a holiday is on a day removed from a weekend. Such leaves must be approved by inunediate supervisor for person involved, and except for emergencies, 48 hours notice must be given. Bargaining unit members of the J ewish- faith shall be excused for a total of up to two (2) days without loss of pay on Rosh Hashanah and Yom Kippur.

2. Bereavement Leaye - Each employee will be allowed five (5) days bereavement leave in the event of death in the inunediate family - parents, spouse, children, grandchildren, sibling, grandparent, mother-in-law, father-in-law, daughter-in-law, son-in-law. AU bereavement leave is to be taken at the time of the funeral. Two (2) days of bereavement leave will be allowed in the even of the death of other close relatives.

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SECTION IV

Any employee who fails to return as scheduled from an approved leave of absence and who is not excused by the Superintendent shall be considered to have resigned from employment. All employees shall be given written notice of this provision prior to commencement of any leave of absence.

19

divorce, the birth of a child or end of the spouse's employment. If the individual elects this cancellation, the employee must repay through payroll deductions the remaining amount of the . $1,000 payment. To be eligible for this payment an individual must complete a waiver application and a health insurance buyout election form.

The Union agrees that it will negotiate with the Committee concerning health insurance within fifteen (15) days of receiving written notice of the Committee's desire to do so during the term of this Agreement; provided, however, that, by so agreeing, the Union does not agree that the Committee has the right to implement any change in the absence of the Union's written agreement to such change.

The City of Lawrence shall, upon approval of the Union and all other eligible bargaining units covered by the Committee and the City, subject to applicable law, offer Covered.Employees a Section 125 Pre-Tax deduction for various group insurance benefits.

Unit members agree to accept the provisions of M.G.L. Ch. 32B, § 19 and the election of the City to provide health care coverage to its employees, retirees, surviving spouses or dependents, pursuant to said statute.

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ARTICLE XVI

..

SEPARABILITY AND SAVINGS

In an Article or Section of this Agreement, or any Riders thereto, should be held invalid by operation of law or by any tribunal or competent jurisdiction, or if the compliance with or: enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its invalidity, the remainder of this Agreement and or 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, the remainder of this agreement 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 bargainirig negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of the invalidity or restraint.

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ARTICLE XIX MISCELLANEOUS

SECTION I - SNOW DAYS

Two hundred and one (201) day clerks shall be eligible for not more than two (2) days per year with pay for cancellation of school due to snow. All additional snow days in excess of two (2) snow days per year will be made up by extending the school year until two hundred and one (201) working days have been completed.

SECfION II - PROFESSIONAL DEVELOPMENT DAYS

The Superintendent may schedule, with five (5) business day notice, up to three (3) additional days with pay each year for the purpose of training andlor professional development for two hundred and one (201) day clerks.

The Superintendent may schedule, with five (5) business day notice, up to one professional development for fifty-two (52) week clerks.

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..
I SCHEDlnEA
SALARY TABLE
,- ADMINISTRATIVE SUPPORT STAFF
Clerks, Child ID~
3rdPPSpec. -7/1105 - 7/1/06 711107 1/08

STEP I 13.54 13.95 14.23 14.51
STEP!! 15.04 15.49 15.80 16.12
STEPl!1 16.54 17.04 17.38 17.73
STEPlV 18.04 18.58 18.95 19.33
STEPV-201 18.64 19.20 19.58 19.97
STEP V~ 52 Week 18.76 19.32 19.71 20.10
Clerk Stenographer
STEP I 13.88 14.30 14.59 14.88
STEPl! 15.42 15.88 16.20 16.52
..
STEP III 16.91 17.42 17.77 18.13
STEPlV 18.41 18.96 19.34 19.73
STEP V 19.13 19.70 20.09 20.49
Senior Bookkeepers

STEP I 16.79 17.29 17.64 17.99
STEP II 18.04 18.58 18.95 19.33
STEPlI1 19.67 20.26 20.67 21.08
STERIV 20.56 21.18 21.60 22.03

STEP V 21.28 21.92 22.36 22.81 , ,

SCHEDULEC

LONGEVITY

201 DAY COVERED EMPLOYEES

DEC. OS

DEC. 06

DEC. 07

. At least 5 years of service, but less than 10 years of service.

$661

$681

$701

At least 10 years of service, but less than 15 years of service,

$975

$1004

$1034

At least 15 years of service, but
less than 20 years of service. $1419 $1462 $1506
At least 20 years of service, but
less than 25 years of service. $1906 $1963 $2022
.. At least 25 years of service, but
less than 30 years of service. $2353 $2424 $2497 At least 30 years of service.

$2448

$2521

$2597

Plus $25.00 for each year of service in excess 000

Plus $25.00 for each year of service in excess 000

Plus $25.00 for each year of service in excess of30

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