Agreement - Tacoma Public Schools Home Agreements... · 2017-03-29 · 1 If the parties agree to...

Agreement

between

Board of Directors

Tacoma School District No. 10

and the

International Union of

Operating Engineers, Local 286

(Custodians)

September 1, 2016 - August 31, 2019

Tacoma, Washington

TACOMA SCHOOL DISTRICT No. 10

BOARD OF DIRECTORS

Catherine Ushka, President

Andrea Cobb, Vice President

Debbie Winskill

Karen Vialle

Scott Heinze

SUPERINTENDENT

Carla J. Santorno

P.O. Box 1357

Tacoma, WA 98401-1357

(253) 571-1000

International Union of Operating Engineers, Local 286

(Custodians)

18 E Street SW

Auburn, WA 98001

(253) 351-9095

(800) 573-3082

TABLE OF CONTENTS

PREAMBLE ....................................................................................................................................1

ARTICLE I. DEFINITIONS AND RECOGNITION ...................................................................1

Section 1. Definitions..........................................................................................................1

Section 2. Recognition ........................................................................................................2

ARTICLE II. MANAGEMENT RIGHTS ....................................................................................2

Section 3. Management Rights ...........................................................................................2

ARTICLE III. GENERAL CONTRACT PROVISIONS ...............................................................2

Section 4. Grievance Procedure ..........................................................................................2

Section 5. Negotiations Procedures ....................................................................................4

Section 6. Staff Diversity Plan ............................................................................................5

Section 7. Nondiscrimination Statement.............................................................................5

Section 8. Union Security ...................................................................................................5

Section 9. Picket Clause ......................................................................................................5

Section 10. Labor-Management .........................................................................................5

ARTICLE IV. WAGES, CLASSIFICATIONS, HOURS AND BENEFITS ................................6

Section 11. Wages and Classifications ...............................................................................6

Section 12. Hours ..............................................................................................................12

Section 13. Holidays .........................................................................................................13

Section 14. Vacations........................................................................................................14

Section 15. Insurance Benefits ..........................................................................................16

Section 16. Travel Allowance ...........................................................................................17

Section 17. Damage to Car ...............................................................................................17

Section 18. Payroll and Payroll Deductions .....................................................................18

ARTICLE V. GENERAL CONDITIONS ...................................................................................18

Section 19. Program Procedures .......................................................................................18

Section 20. Seniority, Bidding, and Evaluation ................................................................23

Section 21. Personnel Procedures .....................................................................................30

Section 22. Apprenticeship Program ................................................................................33

Section 23. Discipline .......................................................................................................33

Section 24. Drug and Alcohol ...........................................................................................34

Section 25. Leaves ............................................................................................................35

ARTICLE VI. FURTHER PROVISIONS ....................................................................................45

Section 26. Agreement Clause ..........................................................................................45

Section 27. Savings Clause ...............................................................................................45

Section 28. Copies of Agreement Clause .........................................................................45

Section 29. Duration Clause .............................................................................................46

AGREEMENT ...............................................................................................................................47

Appendix A. Hourly Wage Schedules, Effective September 1, 2016 ..........................................48

Appendix B. Wage Schedule Levels with Training/Course

Completion Requirements .............................................................................................................50

Appendix C. Custodian Pay Classifications ..................................................................................51

Appendix D. Paycheck Guidelines – Information Only ...............................................................52

Appendix E. Custodial Pension Fund (CPF) ................................................................................53

1

PREAMBLE 1 2

The following articles of this Agreement constitute an agreement by and between the Board of 3

Directors of Tacoma School District No. 10, hereinafter called the “Board,” and the International 4

Union of Operating Engineers, Local 286 (Custodial), hereinafter called the “Union.” 5

6

The parties hereto agree as follows: 7

8

ARTICLE I. DEFINITIONS AND RECOGNITION 9

10

Section 1. Definitions 11 12

1. Board: Board of Directors of Tacoma School District No. 10. 13

14

2. District: Tacoma School District No. 10. 15

16

3. Emergency: An unforeseen or sudden event that necessitates immediate work. 17

18 4. Employee: Any employee in a permanent position in the District. 19

20

5. Hours Worked: All hours that an employee is in pay status. 21

22 6. Part-time Employee: An employee whose permanent bid assignment is for less 23

than eight (8) hours. 24

25

7. Regular Work Day: The definition of a regular work day shall be a twenty-four 26

(24) hour period of time starting with 12:01 a.m. and going to 12:00 a.m. For 27

example, 12:01 a.m. Sunday through 12:00 a.m. Monday is Day 1. Employees 28

will be scheduled during their days off for the maximum amount of time off 29

where possible. 30

31 8. School Year: September 1 through August 31. 32

33

9. Seasonal Employee: A non-regular employee hired to work for ninety (90) 34

calendar days or less. Seasonal employees receive no benefits. Seasonal 35

employees receive the beginning apprentice custodian rate of pay, step one (1). 36

37

10. Station Assignment: Those areas of responsibility within a building(s). 38

39

11. Superintendent: Superintendent of Tacoma School District No. 10. 40

41

12. Supervisor: Supervisor of Custodial Operations. 42

2

1

13. Temporary layoff: A layoff of fifteen (15) months or less. 2

3

14. Union: International Union of Operating Engineers (IUOE), Local 286. 4

5

15. Work Assignment: Building(s) where stations are located. 6

7 16. Year of Service: An employee who works four (4) or more hours per day for 115 8

or more regular work days per school year. 9

10

Section 2. Recognition 11 12

The Board recognizes the Union as the exclusive bargaining agent in all matters of 13

wages, hours and conditions of employment for all custodial employees in the operations 14

department, except the supervisor, assistant supervisors and seasonal employees. 15

16

ARTICLE II. MANAGEMENT RIGHTS 17 18

Section 3. Management Rights 19 20

1. The right to make reasonable rules and regulations shall be considered 21

acknowledged functions of the District. In making rules and regulations related to 22

personnel policies, procedures and practices, and matters of working conditions, 23

the District shall give due regard and consideration to the rights of IUOE and the 24

employees, and to the obligations imposed by this Agreement. 25

26

2. It is agreed that the customary and usual rights, powers, functions, and authority 27

of management are vested in management officials of the District. Included in 28

these rights in accordance with applicable laws and regulations are the right to 29

direct the work force; the right to hire, promote, retain, transfer and assign 30

employees in positions; the right to suspend, discharge, demote, or to take other 31

disciplinary action against employees for just cause; and the right to release 32

employees from duties because of lack of work or other legitimate reasons. The 33

District shall retain the right to maintain efficiency of the District operation by 34

determining the methods, the means, and the personnel by which such operations 35

are conducted. 36

37

ARTICLE III. GENERAL CONTRACT PROVISIONS 38

39

Section 4. Grievance Procedure 40 41

3

If an employee considers that this Agreement has been violated, the employee shall use 1

the following procedure to resolve the grievance: 2

3

1. Informal Step: The aggrieved employee shall meet with the Operations Manager 4

within twenty (20) regular working days following the date of the last occurrence 5

of the grievance to discuss the grievance. 6

7

The Operations Manager will make a decision at that time or will respond in 8

writing within ten (10) working days following the informal meeting. 9

10

2. Step I: In the event the grievance is not satisfactorily resolved in the Informal 11

Step, the aggrieved employee and the Union representative shall, within ten (10) 12

regular working days following the date of the failure to resolve it in the Informal 13

Step, present the grievance in writing to the Executive Director of Maintenance 14

and Operations. 15

16

The Executive Director of Maintenance and Operations and Operations Manager 17

will meet with the aggrieved employee and Union representative within ten (10) 18

working days following receipt of the grievance. Within five (5) working days 19

following the meeting, the Executive Director of Maintenance and Operations 20

shall respond in writing to the employee with a copy to the Union. 21

22

3. Step II: In the event the grievance is not satisfactorily resolved in Step I, the 23

aggrieved employee and the Union shall, within ten (10) regular working days 24

following the date of the Step I written response, present the grievance in writing 25

to the Superintendent, with a copy to the Director of Employee and Labor 26

Relations. 27

28

Within ten (10) regular working days following receipt of the grievance, the 29

Superintendent or designee shall arrange a meeting(s) in an attempt to resolve the 30

grievance. The District will respond in writing within five (5) regular working 31

days of the date of the meeting. 32

33

4. Step III, Mediation: In the event the two parties cannot arrive at a satisfactory 34

resolution to the grievance at Step II, the parties may mutually agree to submit the 35

grievance at Step II to mediation. Either party must notify the other in writing 36

within five (5) working days following the date for the Step II written response of 37

their desire for mediation. The respondent shall respond, whether or not they 38

agree to mediation, no later than two (2) working days prior to the Union’s 39

deadline for submission to arbitration or within five (5) working days of receipt of 40

the written notification, whichever is sooner. 41

42

4

If the parties agree to mediation, then within five (5) working days of the 1

agreement the parties shall jointly submit a request for mediation. Both parties 2

must agree to where to submit the mediation request, but it could include Pierce 3

County Dispute Resolution Center. In addition, both parties shall share costs of 4

mediation. 5

6

Timeliness contained in Section 4 for submission to arbitration shall be held in 7

abeyance until termination of the mediation process. If no settlement is reached in 8

mediation, the union may proceed with the request for binding arbitration. 9

10

5. Step IV, Arbitration: In the event the two parties cannot arrive at a satisfactory 11

resolution to the grievance, the Union may request binding arbitration on any 12

grievance related to violation of this Agreement. If the Union determines to seek 13

binding arbitration, it shall, within ten (10) regular working days following the 14

date of the Step II written response, submit a request for a list of at least seven (7) 15

arbitrators from the Federal Mediation and Conciliation Service unless other 16

arrangements are agreed to between the District and the Union. The parties will 17

determine the arbitrator from this list by alternately striking a name from the list. 18

The arbitrator’s decision will be in writing and will set forth the finding of act, 19

reasoning and conclusions. The arbitrator will be without power or authority to 20

make any decisions which is outside the Agreement. 21

22

The decision of the arbitrator will be submitted to the District and the Union and 23

will be final and binding upon the parties. The costs of the arbitrator will be borne 24

equally by the District and the Union and each will bear its own attorney fees and 25

other costs. 26

27

6. The time limits specified within this grievance procedure may be extended by 28

mutual agreement of the District and the Union. 29

30

Section 5. Negotiations Procedures 31 32

1. This Agreement will be open for negotiations no earlier than ninety (90) calendar 33

days and no later than sixty (60) calendar days prior to the termination date of this 34

Agreement except as otherwise provided herein. 35

36

2. Each party to this Agreement will exchange the specific language for their 37

proposed changes at the first negotiations meeting. Related topics may be 38

presented prior to a tentative agreement for the purpose of reaching an agreement. 39

40

3. Negotiations shall be conducted at mutually agreed upon times. 41

42

5

4. Every effort will be made to complete negotiations by August 31, except when 1

extended by mutual consent of the parties. 2

3

5. The Board will take into consideration any tentative agreement ratified by the 4

Union on or before the next regularly scheduled Board meeting. 5

6

Section 6. Staff Diversity Plan 7 8

The ultimate goal of the Staff Diversity Plan is to ensure the District’s compliance with 9

federal and state law. 10

11

Recommendations for changes in the Plan may be made by the Union. Copies of the Staff 12

Diversity Plan shall be kept on file in each school and shall be available to employees 13

upon request from the Human Resources Department. 14

15

Section 7. Nondiscrimination Statement 16 17

Tacoma School District No. 10 does not discriminate in any programs or activities on the 18

basis of sex, race, creed, religion, color, national origin, age, veteran or military status, 19

sexual orientation, gender expression or identity, disability, or the use of a dog guide or 20

trained service animal (a service animal is an animal that is individually trained to do 21

work or perform tasks for the benefit of an individual with a disability). 22

23

Section 8. Union Security 24 25

An employee covered by this Agreement shall become a member of the Union no later 26

than thirty (30) calendar days from date of hire of employment, and shall maintain 27

membership in the Union as a condition of continued employment. 28

29

Section 9. Picket Clause 30 31

It shall not be a violation of this Agreement for an employee to refuse to cross another 32

union’s picket line established at the District premises if such picket line is sanctioned by 33

the Pierce County Labor Council. However, the Union agrees to provide sufficient 34

employees in order to protect the school buildings from inclement weather. 35

36

Section 10. Labor-Management 37

38 Labor-Management Committee: At least quarterly, or at the written request of either 39

the District or the Union. Labor-Management meetings shall be held, with no loss of pay 40

to the employees, at a time mutually agreed upon. Items for discussion shall be submitted 41

by the parties to determine the agenda. The purpose of these meetings shall be to resolve 42

6

problems prior to them being reduced to writing as a grievance, to discuss any other 1

problems or concerns that affect the bargaining unit, and to provide an opportunity to 2

discuss improvements to the custodial program. Employee absentee rates and related 3

attendance issues will be reviewed. 4

5

In no event can agreements reached in Labor-Management abridge, add to, or subtract 6

from the collective bargaining agreement. The Union shall select up to four (4) employee 7

representatives to the Labor-Management Committee who will serve for the duration of 8

the agreement. The Assistant Superintendent of Human Resources shall select up to four 9

(4) District management representatives. The Executive Director of Maintenance and 10

Operations and two (2) other supervisory personnel shall represent the District. In order 11

to assure open communication, there shall be no adverse impact, nor shall there be any 12

retribution for any employee as a result of participation in the Labor-Management 13

Committee. 14

15

ARTICLE IV. WAGES, CLASSIFICATIONS, HOURS AND BENEFITS 16

17

Section 11. Wages and Classifications 18 19

1. For the term of the Agreement, wages shall increase in an amount equal to the state pass 20

through percentage for cost-of-living increases for education employees in addition to 21

earned Level and Step advancement as described in Appendix B. Additionally, the 22

District will provide a three percent (3%) increase in levels A through F of the schedule 23

in 2016-17, a one percent (1%) increase in 2017-18 and a one and one-half percent 24

(1.5%) increase for 2018-19. These state pass-through percentages and District-provided 25

increases will be applied to the wage levels presented on the wage matrix. Wage 26

increases are calculated from the employee’s hourly wage before the deduction of the 27

Central Pension Fund contributions. 28

29

Increment advancement shall not exceed one (1) Step per pay level per year. 30

31

2016-17

State pass-through

Three percent (3%) increase, Level A-F

Move Low Pressure Relief Custodians

from Level E to Level D and move High

Pressure Relief Custodians from Level D

to Level C

Move five (5) High School Engineers to

Level C

2017-18 State pass-through

One percent (1%) increase, Level A-F

2018-19 State pass-through

7

One and one-half percent (1.5%) increase,

Level A-F

1

2. Increment advancement for custodial employees is dependent upon the individual 2

employee’s satisfactory completion of the coursework outlined in Appendix B, 3

Wage Schedule Levels with Training/Course Completion Requirements. 4

5

3. Required in-service classes or District workshops may be offered during the 6

employee’s normal work hours. 7

8

9

4. An employee’s shift shall be either five (5) eight (8) hour days or four (4) ten (10) 10

hour days. The work week begins at 12:01 a.m. Sunday through 12:00 a.m. 11

Saturday. 12

13

5. All time worked over eight (8) hours per day, forty (40) hours per week, on the 14

sixth (6th) consecutive day, or on a non-work day, shall be paid at time and one-15

half the regular rate of pay. On the seventh (7th) consecutive day or on Sunday, 16

the rate of pay shall be at double the regular rate of pay. 17

18

6. In the case of a ten (10) hour work day, all time worked over ten (10) hours per 19

day, forty (40) hours per week, on the fifth (5th) consecutive day or on a non-20

work day, shall be paid at time and one half the regular rate of pay. 21

22

7. Employees using sick leave or leave without pay on a Friday, or Thursday for the 23

10 hour work week, will not be authorized to work overtime on a Saturday or 24

Sunday. 25

26

8. The District will consider a ten (10) hour work day equal to a one and one-quarter 27

(1.25) eight (8) hour work day for the purpose of benefits such as leaves and 28

vacations. 29

30

9. For a week with a non-work day, the non-work day will be counted as eight (8) 31

hours of work for the purpose of determining overtime pay. 32

33

Custodial employees may use compensatory time on any non-school day. 34

Custodial employees may use compensatory time on school days only when it 35

would be unnecessary to use a relief custodian. 36

37

10. All compensatory time must be pre-approved by the Operations Manager or 38

Executive Director of Maintenance and Operations. 39

40

8

11. In lieu of overtime pay, an employee may request hours of compensatory time equal 1

to the overtime pay which has been earned. An employee may: 2

3

a. Accumulate up to sixty (60) hours of compensatory time between 4

September 1 and February 28/29. The compensatory time will be paid off in 5

March at the appropriate rate of pay. 6

7

b. Accumulate sixty (60) hours of compensatory time between March 1 and 8

August 31. The compensatory time will be paid off in September at the 9

appropriate rate of pay. 10

11

12. An employee who has accrued compensatory time and who has requested its use 12

will be permitted to do so within the regular school year provided that the use of 13

compensatory time is pre-approved by the supervisor and does not unduly disrupt 14

the School District operation. 15

16

13. Upon termination or resignation compensatory time balance will be paid by the 17

District as part of the employee’s final pay warrant. 18

19

14. Overtime and compensatory hours must be submitted to the Operations Manager 20

within the payroll period in which the hours were earned. 21

22

15. Employees required to return to duty after leaving the building will receive a 23

minimum of three (3) hours pay at the appropriate rate. 24

25

16. When an employee is assigned to perform Operations Office duties as a district 26

wide lead, the base rate of pay shall be the rate at Level A, Step 2 plus fifty cents 27

(50¢) per hour, plus the nineteen (19) year service and the chief refresher school 28

increments, if applicable. Employees who have expressed interest but are not 29

selected as temporary supervisors may request input from the supervisor 30

regarding the reason(s) for not being selected. 31

32

17. An employee permanently assigned to a position on the graveyard shift shall be 33

paid a premium of seventy-five cents (75¢) per hour for all hours of regular 34

graveyard pay status; regular graveyard pay status includes holidays and vacation 35

days. An employee temporarily assigned to a graveyard position shall be paid the 36

appropriate premium per hour for each hour of work on the graveyard shift. 37

38

The overtime rate shall not apply to the graveyard shift premium differential for 39

assignments not related to the graveyard shift. 40

41

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18. No employee will be required to work outside his/her assigned classification 1

unless specifically assigned by the Operations Office. Such employees shall 2

receive the applicable rate of pay for the higher classification while performing 3

the work except for low pressure relief, high pressure relief, and B Class 4

Certificated/Licensed Relief Engineer. 5

6

19. The building classification of a school which is partially closed due to remodeling 7

or construction will not be changed until the remodeling or construction phase has 8

been completed. Whenever there is an addition to a school building, whether it is 9

a portable classroom or permanent construction, the Chief Custodian will be paid 10

at the applicable building classification immediately upon custodial services being 11

approved by the Operations Office. The Chief Custodian must request custodial 12

services from the Operations Office. If the school is reduced in building 13

classification for any reason, the Chief Custodian will retain his/her classification 14

until he or she successfully bids on another position of the same or higher 15

classification. Said employee’s salary will be frozen until the salary of the lower 16

classification is equal to or exceeds the grandfathered rate of pay; provided 17

however, the District, at its discretion, may increase the frozen wage in order to 18

make it coincide with a wage on the wage schedule. 19

20

20. A day custodian position shall be assigned on the basis of certificated/licensed 21

seniority. 22

23

21. An employee will be paid an additional five percent (5%) of the current wage due 24

for the employee’s position on the salary schedule following the completion of 25

nineteen (19) years of custodial service to the District. The longevity increment 26

will be calculated from the wage schedule, which includes the central pension 27

fund contribution. 28

29

The District will provide a twenty-five (25) year longevity increment to eligible 30

custodial employees at two percent (2%) of their base salary after completion of 31

twenty-four (24) years of service, effective on the anniversary date of their hire. 32

33

The District will provide a thirty (30) year longevity increment to eligible 34

custodial employees at one percent (1%) of their base salary after completion of 35

twenty-nine (29) years of service, effective on the anniversary date of their hire. 36

37

The service and experience increments will be effective September 1 annually. 38

39

22. If an employee is required to work on any paid day off, such employee shall 40

receive time and one half (1.5x) the regular rate of pay for the hours worked plus 41

pay for the day, except as provided in item (18) of this section. 42

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1

23. If an employee is required to work on any calendar date of the holiday, except for 2

the day before and after Thanksgiving, Christmas Eve Day and New Year’s Eve 3

Day, the employee will be paid double time (2x) the regular rate of pay for the 4

hours worked. When District custodial calendars are being created, the District 5

will discuss the placement of non-paid non-work days with the Union. 6

7

24. No employee will be advanced more than one building classification at a time, 8

except in an emergency. 9

10

25. The day person shall start on the first Step of the E classification. 11

12

26. Whenever a Tuesday through Saturday shift is run, the employee will receive an 13

additional one dollar and twenty-five cents ($1.25) per hour while performing 14

work on Saturday. 15

16

27. The three (3) B Class Certificated/Licensed engineer relief positions requiring a 17

third grade boiler license or better with a second grade boiler license preferred, 18

shall be bid positions and are assigned from the certificated/licensed employee’s 19

promotional seniority list. 20

21

Three (3) C class Certificated/Licensed engineer relief third grade boiler license 22

positions shall be bid positions and are assigned from the certificated/licensed 23

employees’ promotional seniority list. 24

25

Three (3) D Class Certificated/Licensed engineer relief fourth grade boiler license 26

positions shall be bid positions and are assigned from the license employee’s 27

promotional seniority list. 28

29

28. Every employee required by the District to have a fork lift certificate shall receive 30

a twenty-five cent (25¢) per hour increase in wages. 31

32

29. Employees who have completed the chief refresher course shall receive a twenty-33

five cent (25¢) per hour increment once the employee is assigned to a chief 34

custodian position. Employees in the “D” and “E” classifications who are not 35

chief custodians may get credit for taking the class and will receive the twenty-36

five cent (25¢) per hour increment effective with one being assigned a chief 37

custodian position. 38

39

30. The bargaining unit may from year to year change their contribution to the 40

Central Pension Fund. Please refer to Appendix A, Hourly Wage Schedule for 41

individual hourly rates. 42

11

1

Contributions to the CPF are employee contributions and are deducted from the 2

employee gross hourly wage. 3

4

Members of the International Union of Operating Engineers may meet annually to 5

set the employee contribution to the CPF. 6

7

Contributions to the CPF, once set by the membership will be consistent for every 8

hour worked or paid regardless of the pay rate. 9

10

The Pension Fund will be funded by reductions in the wages of the Union 11

members and will in no part be funded by contributions from the District, in 12

accordance with the following provisions and that the District is not responsible 13

for the performance of the Central Pension Plan: 14

15

The purpose of the Central Pension Fund shall be to provide retirement benefits 16

for eligible employees pursuant to the provisions of said Central Pension Fund. 17

The funding for this payment, the stipulated amount of any said sum, and the 18

designated effective dates for payment of any said sum are defined and set forth in 19

paragraph two (2) below. 20

21

During the continuance of this collective bargaining, the Employer shall pay into 22

the Central Pension Fund of the International Union of Operating Engineers and 23

Participating Employers, on the account of each member of the International 24

Union of Operating Engineers, Local No. 286 Bargaining Unit, an hourly sum for 25

every hour worked. 26

27

Obligation to the Fund: The Employer and the Union agree to be bound by the 28

respective Agreement and Declaration of Trust entered into on the date set forth 29

herein for the Fund, namely, as of September 7, 1960, establishing the Central 30

Pension Fund of the International Union of Operating Engineers and Participating 31

Employers, and by any amendments to said Trust Agreement, heretofore and 32

hereafter adopted. 33

34

The Union will annually notify the District of its intent to participate in CPF and 35

any changes in the amount of the employee’s contribution. 36

37

The Employer and Union consent to and accept the terms, conditions and 38

provisions of the Trust Agreement and as amended, creating said Fund. The 39

Employer and Union agree that the Trustees named in said Trust Agreement and 40

their successors are and shall be its representative and the Employer and Union 41

consent to be bound by the acts of said Trustees and successor Trustees made 42

12

pursuant to and in carrying out the provisions of said Trust Agreement. 1

2

The total amount due for each calendar month shall be remitted in a lump sum to 3

said Fund no later than ten (10) days after the last business day of such month. 4

5

Section 12. Hours 6 7

1. All employees are allowed a one-half (1/2) hour meal period exclusive of the 8

assigned work hours. Certificated/Licensed employees assigned to 9

certificated/licensed positions during normal school operations or anytime the 10

building is in use during the employee’s meal period may waive, in writing, their 11

meal period. Such employees shall be on a straight eight (8) hour shift with no 12

designated meal period until they rescind, in writing, their waiver of their meal 13

period. If a certificated/licensed employee’s meal period is interrupted by the 14

employee’s supervisor, building administrator, or designee, the employee is 15

eligible for thirty (30) minutes of overtime. For those employees who are 16

certificated/licensed and responsible for boiler operations during the designated 17

meal period, boilers will not be operated until the employee returns from break 18

and resumes paid status. 19

20

2. When two (2) or more custodians are assigned to a school, their lunch period may 21

be staggered in order to provide continuity of custodial services. 22

23

3. When the assigned employee is authorized to work beyond the time on the 24

authorization slip, the reasons for the additional time shall be noted on the 25

employee’s payroll card. 26

27

4. The District will notify the Union of any changes in starting times of individual 28

stations. 29

30

5. The District will schedule a rest period of fifteen (15) minutes, on the employer’s 31

time, for each four (4) hours of working time. On a ten (10) hour work day an 32

employee will receive an additional ten (10) minute break. 33

34

6. Except in an emergency situation as defined in Section 1., when going from swing 35

to day shift, there shall be at least a ten (10) hour rest break between shifts, unless 36

waived by the employee. 37

38

7. The following procedure will be followed for building use authorization: 39

40

a. All meetings in buildings must be authorized through the Executive 41

Director of Maintenance and Operations. All overtime authorized shall be 42

13

written with the hours “as required” used only if actual hours have not 1

been determined in advance. The authorization request form shall be 2

signed by the Chief Custodian and then signed and approved by the 3

principal. 4

5

b. The principal will submit the required “Requisition and Authorization for 6

Use of School Facilities” form to Maintenance and Operations sufficiently 7

in advance of the use request so that the Business Office can notify the 8

Chief Custodian, the principal and the custodial payroll office by an 9

outside group at least twenty-four (24) hours prior to the activity. 10

11

c. The principal will notify the Chief Custodian of an authorized activity by a 12

school group at least twenty-four (24) hours prior to the activity. 13

14

d. Emergency activities must be approved by the principal, and the Chief 15

Custodian must be notified in advance. 16

17

8. The work year for employees will be 2080 hours. 18

19

9. On all District designated early dismissal days, all IUOE custodial bargaining 20

group employees will be released after four and one-half (4 1/2) hours of work. 21

Also, employees not assigned to a school building will work the same amount of 22

hours as the custodians assigned to a school building. Based on operational needs, 23

IUOE custodial employees may be released on an alternate day to the regular 24

scheduled early release days when approved by the Operations Manager. 25

26

Section 13. Holidays 27 28

1. Custodial employees shall be granted thirteen (13) paid holidays and shall be 29

guaranteed thirteen (13) paid holidays per school year. Custodial employees are 30

not expected to work on the following holidays: 31

32

The Friday of Spring Break will be a non-paid, non-work day. 33

34 Labor Day

Veterans’ Day

Day before Thanksgiving Day

Thanksgiving Day

Day after Thanksgiving

Christmas Eve Day

Christmas Day

New Year’s Eve Day

New Year’s Day

Martin Luther King, Jr. Day

Presidents’ Day

Memorial Day

Independence Day

14

1

2. If a holiday falls on a Saturday, then Friday will be a paid day off. If a holiday 2

falls on a Sunday, then Monday will be a paid day off. When a two (2) day 3

holiday falls on a Saturday and/or Sunday, the District will schedule days off with 4

pay for the holiday(s) that fall on the weekend. 5

6

7

8

Section 14. Vacations 9 10

1. Paid vacation will be applied as follows for the 2016-17 school year: 11

12

Years of Services Hours Equivalent in

days for 8 hour

work shifts

Equivalent in

days for 10

hour work shifts

0-5 years 80 10 8

6-10 years 120 15 12

Beginning with 11 years 184 23 18.4


Beginning with 20 years 200 25 20

13

Beginning September 1, 2017, paid vacation will be applied as follows: 14

15

Years of Services Hours Equivalent in

days for 8 hour

work shifts

Equivalent in

days for 10

hour work shifts

0-5 years 96 12 9.6

6-10 years 136 17 13.6



Beginning with 20 years 200 25 20

16

Employees may carry over up to a maximum of 320 hours of vacation. Employees 17

who have a vacation leave balance in excess of 240 hours as of August 31 may at 18

their option make a request to buy back up to 24 hours of vacation. 19

20

2. Prorated vacations will be allowed for all employees who resign. 21

22

3. Days worked and days paid for by reason of sick benefits shall be counted in 23

computing prorated vacations. 24

25

15

4. The time of vacation period shall be determined by the Operations Manager, with 1

the approval of the Executive Director of Maintenance and Operations. 2

3

5. The Chief Custodian will be given first preference in selecting a summer vacation 4

period. The Chief Custodian is responsible for developing a summer work and 5

vacation schedule for the building. The Chief Custodian will consider building 6

needs and building seniority when developing the summer work and vacation 7

schedule. The schedule is subject to review and approval by the Operations 8

Manager. 9

10

6. Vacations may be split to provide time off at winter and spring vacations. Request 11

for this will have to be made in writing to the custodial office at least two (2) 12

weeks in advance. Approval will be at the discretion of the Operations Manager 13

on an individual basis according to the building needs and job requirements. 14

15

7. A full-time employee may take up to thirty (30) consecutive vacation days when 16

approved by the Operations Manager. 17

18

8. Up to six percent (6%) of the custodial employees may take vacation leave at any 19

one time during the school year, provided that each employee applies in writing to 20

the Operations Office a minimum of five (5) work days and up to twelve (12) 21

months in advance of the leave, and receives approval of their request from their 22

supervisor. Such requests shall be considered in order of application. Only 23

employees who have utilized less than twelve (12) days leave other than vacation 24

leave, jury duty, bereavement leave and military leave the previous contract year 25

shall be eligible. Additional employees who apply for such vacation may be 26

granted such vacation at the discretion of the Operations Manager based upon 27

facility operational needs. Custodians assigned to work sites that are not schools 28

may schedule their vacations during the school year and do not count toward the 29

six percent (6%) cap on employees taking vacation during the school year. The 30

chief custodian is responsible for developing vacation schedules for such sites, 31

subject to review and approval by the Operations Manager. 32

33

9. Beginning January 1, 2017, any employee who does not use any unscheduled 34

leave, with the exception of jury duty, bereavement leave, and military leave will 35

receive additional pay as follows: 36

37

MONTH RANGE ADDITIONAL

PAY

EMPLOYEE USING NO MORE THAN

THE NUMBER OF HOURS OF SICK

LEAVE OR FAMILY LEAVE COMBINED

July-September $300 8

October - December $200 24

16

January-March $200 24

April-June $300 8

1

10. An employee will be paid for up to and including thirty (30) unused vacation days 2

upon retirement or resignation from the District, provided however that an 3

employee will not be required to lose earned vacation. 4

5

Section 15. Insurance Benefits 6 7

1. All insurance programs shall be offered to the employees through The Sound 8

Partnership (hereinafter “TRUST”), unless otherwise expressly provided for the 9

term of this Agreement. 10

11

The length of the appointment, responsibilities, and powers of the trustees shall be 12

determined by the TRUST document, provided the trustees shall have no 13

authority to act in violation of this Section. 14

15

2. In keeping with the powers and responsibilities as described in the TRUST 16

document, the Trustees shall determine the insurance benefits to be provided and 17

the contributions required of eligible full-time and eligible part-time plan 18

participants. The TRUST shall offer health, group long-term disability, group life 19

term, group vision, and group dental insurances. The parties agree that the 20

TRUST is authorized to provide coverage for the domestic partners of eligible 21

employees. 22

23

3. The District shall provide an insurance benefit contribution to the TRUST of the 24

State allocation amount per month, per FTE for current eligible employees. In 25

addition, the District shall provide an additional amount per eligible FTE equal to 26

the State Retiree Subsidy. 27

28

29

4. Eligibility 30

31

An employee is eligible for insurance benefits if the employee’s regular working 32

assignment is at least 1440 hours. An employee whose working assignment is for 33

four or more hours but not 1440 hours shall be eligible for a prorated payment for 34

insurance benefits. As defined under the Patient Protection and Affordable Care 35

Act of 2010 an employee that is less than half time will be placed in an applicable 36

initial measurement period. The initial measurement period begins the first of the 37

month following the date of hire and is twelve months in length. If the employee 38

averages 130 hours of service per month during that twelve (12) month period, the 39

employee will be considered as eligible for health insurance only during an initial 40

17

stability period provided the employee enrolls on a timely basis. To be 1

considered a timely enrollment, the employee must complete and return the 2

enrollment form no later than thirty (30) days. 3

4

In the event of a qualified change in family or employment status, an employee 5

will be allowed thirty (30) days in which to enroll in the health insurance plan. 6

7

5. The insurance benefits contribution provided by this Section may be reopened by 8

the Union for negotiations by June 1 of each year or in any of the following 9

events: 10

11

a. the TRUST is dissolved, or considers dissolving; or 12

b. the TRUST acts in violation of this Section. 13

14

Section 16. Travel Allowance 15 16

1. Employees required to use their private automobile to travel on school business or 17

required to attend meetings at a building other than the one to which they are 18

regularly assigned shall be compensated at the IRS established rate. 19

20

2. Travel from home to work or first place of call and from work or last place of call 21

to home is not reimbursable except when approved by the Superintendent, or 22

designee. 23

24

Section 17. Damage to Car 25 26

The District will reimburse an employee for damage caused to a vehicle (including 27

vandalism, slashed tire or forced entry) which occurred in the course of his/her 28

employment pursuant to the following conditions: 29

30

1. A report must be filed with law enforcement or school patrol and a copy of said 31

report provided to the Operations Office within five (5) work days of the incident. 32

33

2. The reimbursement shall be subject to a fifty dollar ($50.00) deductible with a 34

$1,000 maximum reimbursement of actual expenses for each loss. 35

36

3. Vandalism or loss to an employee’s personal property other than a vehicle is not 37

covered. 38

39

4. If the employee files a claim to his/her insurance carrier, the District will 40

coordinate insurance benefits. 41

42

18

5. An employee must submit his/her claim on a form provided by the District. The 1

claim for reimbursement must be made to the Operations Office within fifteen 2

(15) days of the loss or damage, or the claim is waived. 3

4

6. The total obligation for reimbursement by the District for all participating 5

bargaining units is $25,000 for each fiscal year. 6

7

Section 18. Payroll and Payroll Deductions 8 9

1. The District will deduct the monthly Union dues, the Union’s life insurance 10

premium and the voluntary political action check off, from the employee’s pay 11

warrant, if authorized by the employee. 12

13

2. Regular or other earnings (overtime and vacation) and total earnings are to be 14

listed on all payroll stubs. 15

16

3. The District will annualize an employee’s regular wages. Said wages will be paid 17

in twenty-four (24) equal installments (rounded off to the higher penny) on or 18

before the fifth (5th) and twentieth (20th) of each month. 19

20

4. The employee contribution amount that is paid into the Central Pension Fund will 21

be shown on payroll statements. 22

23

5. Employees shall be required to utilize direct payroll deposit. 24

25

ARTICLE V. GENERAL CONDITIONS 26

27

Section 19. Program Procedures 28 29

1. Chief Custodians shall be responsible for the proper operations of their building 30

and the custodial staff assigned therein as authorized by the Operations Manager. 31

They shall be knowledgeable about the operation of the heating system and 32

related equipment in their assigned building and stay current with any new 33

equipment and trends in the field. They are responsible to see that personnel under 34

their direction perform custodial assigned duties in a proper, efficient manner 35

using procedures and methods taught in the in-service classes. They shall 36

maintain a courteous, professional relationship with pupils, staff members, parents 37

and others. Chief Custodians will participate in the evaluation of the staff under 38

their direction as provided in Section 20. 39

40

A Chief Custodian will be assigned to each complex as identified on the salary 41

schedule for a certificated/licensed position. One of the qualifications of the Chief 42

19

Custodian is to have at least a valid City of Tacoma Boiler Operator’s License. 1

Buildings added during the term of this contract will be assigned to the salary 2

schedule through the labor-management meeting process between the District and 3

the Union. 4

5

2. Custodians, day persons, firemen, and engineers shall be responsible to the Chief 6

Custodians. They shall perform their duties in a satisfactory, efficient manner 7

using the procedures and methods taught in in-service classes. They shall 8

maintain a courteous, professional relationship with pupils, staff members, parents 9

and others. 10

11

3. Positions shall have an assigned starting time, according to the needs of the 12

building as set by the Operations Manager. 13

14

Typically the assigned starting time for chief custodians shall be 7:00 a.m. or 15

earlier. Exceptions shall be subject to dialogue among the building principal, 16

Operations Manager, and the chief custodian. 17

18

4. All positions shall be posted for bid on the first available bid sheet after becoming 19

vacant unless other arrangements have been made in advance with the Union. Bid 20

sheets will be posted the first work week of each month with the exception of July 21

when no bidding takes place. 22

23

5. When a custodial employee becomes ill or disabled such that the employee cannot 24

perform the assigned duties, the employee’s position shall be held open for the 25

return to good health of the employee only for a period of twelve (12) months, 26

subject to a health examination clearing the employee to return to work by the 27

District’s consulting physician. This provision cannot be used consecutively 28

without an intervening month of regular attendance. 29

30

6. No custodial work shall be performed by anyone other than the custodians. 31

32

7. Any time a building is open to the public, the Principal and Chief will both sign 33

the authorization form and forward it to the business office, pursuant to Section 34

12. 35

36

8. No one but an authorized certificated/licensed custodial employee shall operate or 37

adjust time sequencing or primary heating controls, except in cases of emergency; 38

in which case only persons with a valid City of Tacoma Boilers Operators License 39

may make adjustments. The Tacoma School District will operate all boilers 40

according to the legal requirements of the City of Tacoma. All district complexes 41

with the capacity may be operated in “setback” mode outside of normal operating 42

20

hours, and a certificated/licensed operator is not required to be present when the 1

system is operated on “setback,” except as required by the boiler license law. 2

Checks required by the boiler license law shall be performed by appropriately 3

certificated/licensed employees in the boiler check pool and covered by this 4

agreement. Maintenance personnel may occasionally operate boilers and other 5

HVAC equipment for the purpose of diagnosis or repair only with specific written 6

notice to the chief custodian of any diagnosis or repair to a boiler. The District 7

shall maintain a certificated/licensed Chief Custodian in each school facility in the 8

District per Section 19 (1). 9

10

The District will establish a boiler check pool of licensed custodians to perform 11

boiler checks when operating the boilers in automatic and in the “setback” mode 12

as follows: 13

14

a. The pool will be made up of twenty (20) certificated/licensed boiler operators 15

with a third grade boiler license or better. 16

17

b. The certificated/licensed boiler operators shall only operate the number of 18

boilers up to the aggregate of British Thermal Units of all boilers under the 19

care of the boiler operator. 20

21

c. Certificated/Licensed employees shall apply to serve in the pool each 22

September and will be assigned to the pool by license seniority. 23

24

d. The certificated/licensed employees will be assigned work by license 25

seniority. 26

27

e. The Operations Manager shall notify the members of the pool at least ten (10) 28

work days prior to the non-school day that EMS set back boiler checks are to 29

be performed and the days that the boiler checks need to be performed. The 30

certificated/licensed employees in the pool who want to work will be assigned 31

at least five (5) work days in advance of the non-school day EMS set back 32

boiler checks. 33

34

f. If a member of the pool is off on sick leave or leave without pay the day prior 35

to the weekend, said certificated/licensed employee will not be able to work 36

and the Operations Manager will assign the next certificated/licensed 37

employee who is willing to work that non-school day. 38

39

g. If there are insufficient members of the pool to work or the pool has been 40

exhausted, the District will use the employee required to return to duty 41

language under Section 11 of the agreement. 42

21

1

h. Members of the pool may decline working on certain weekends or if they are 2

going to be working in their assigned building by building use permit. At any 3

time a member of the pool may resign from the pool. If there is a vacancy in 4

the pool, the vacant position will be placed on the very next bid sheet for 5

qualified license employee with the most senior employee being assigned. 6

7

i. As an incentive for employees to get a third grade boiler certificate/license, 8

each employee in a certificated/licensed position who possesses his/her third 9

grade boiler certificate/license or greater will receive an annual bonus of 10

$700.00 payable on the last payroll in March. 11

12

j. Those certificated/licensed employees in the pool will be paid at the 13

appropriate rate of pay. 14

15

k. Only a member of this bargaining unit shall operate the Energy Management 16

System (EMS) where the EMS system can turn on and off the boilers and 17

monitor the building controls. 18

19

l. If a certificated/licensed custodian is working in a school on a non-school day 20

that certificated/licensed custodian will perform all boiler checks for that day 21

in accordance with the ordinance on that day. 22

23

9. Custodians are not required to handle foods prepared for consumption. 24

25

10. When a building is resurveyed, the Union Policy Committee may review the 26

findings. 27

28

11. An employee’s work assignment will not be permanently changed by anyone 29

other than the Operations Manager. The Chief Custodian is responsible for having 30

the assignments available for review at all times. The building work schedules 31

will be initialed by the Operations Manager at the time of revision. Chief 32

Custodians are responsible for communicating changes in permanent work 33

assignments to the staff under their supervision. 34

35

12. The Operations Office will not use supervisors to fill vacant custodial positions, 36

except for emergencies and until a replacement can be found. 37

38

13. When any custodial work assignment and/or station assignment are changed 39

materially or a new one created, the District will notify the affected employee(s) 40

and Union, a minimum of thirty (30) calendar days prior to implementation of 41

changes. If the Union believes wages and classification may be negatively 42

22

impacted, wages and classification will be negotiated. Changes will not be made 1

arbitrarily. 2

3

14. The District will endeavor to maintain sufficient personnel on the staff to properly 4

maintain assigned areas. Each employee’s assignment will have areas of 5

responsibility defined, with times as appropriate. A continuing effort to update 6

assignments, techniques and equipment is an ongoing function of the custodial 7

operations department and such information will be shared with IUOE, Local 286. 8

9

15. The District will maintain a certificated/licensed relief list of employees to 10

provide coverage in the event that vacancies needing coverage expand beyond the 11

bid positions in the certificated/licensed relief pool. Employees on the list must 12

be certificated/licensed with the most recent evaluation reflecting a score of 13

seventy (70) or above. When calling employees to work from the list, employees 14

must meet the licensing requirements of the job. The District will select 15

employees based on certificated/licensed seniority. 16

17

16. The District agrees to pay the appropriate rate of pay in the appropriate 18

classification to a relief employee who is filling in for a certificated/licensed 19

employee who is on leave with pay or without pay for a period in excess of thirty 20

(30) calendar days. Said rate of pay for the relief employee shall apply for 21

holidays, vacations, and extra work on non-work days; provided, however, the 22

relief employee works the day before and the day after the holiday, vacation or 23

non-work day. The District will not arbitrarily remove an employee from a long-24

term relief assignment. 25

26

17. Custodians will not be asked to supervise student activities except in cases of an 27

emergency. 28

29

18. The District retains the right to review and implement standards, procedures and 30

time allowances for custodial and housekeeping functions. Before changes to 31

established standards, procedures, and time allowances are implemented, the 32

Union can request that a time-on-task study be undertaken to verify that such 33

changes can be reasonably accomplished within the allocated time. Any such 34

time-on-task studies shall be reviewed jointly by a committee comprised of an 35

equal number of District and Union representatives. 36

37

19. Certificated/Licensed Relief employees shall not be removed from an assignment 38

for arbitrary or capricious reason. When the Certificated/Licensed Relief 39

employee is needed to fill a high certificated/licensed or classification position, 40

the employee may be moved to such a position. 41

42

23

20. The District and the Union agree that custodians will dress in a professional, 1

appropriate manner. Clothing shall be clean, well kept, and free of symbols or 2

messages inappropriate for a school setting regardless of shift. Employees will 3

dress for safety consistent with their work task and/or assignment. If an 4

Operations Manager/Supervisor becomes concerned about the appropriate dress 5

of a custodial employee, he/she may request that the employee dress 6

appropriately. If the employee disagrees with the supervisor’s directive, he/she 7

may ask for resolution through labor-management. The District encourages the 8

wearing of long pants on days when students are present. However, custodians 9

may wear shorts for personal comfort when necessary. 10

11

21. Effective September 1, 2016, when a high school day person position becomes 12

vacant, each of the five positions may be filled without any certificate/license 13

requirements. The employee filling the position will be placed on level F on the 14

salary schedule. Appendix C - Custodial Pay Classification will reflect all day 15

custodians at Level F on the salary schedule. 16

17

Section 20. Seniority, Bidding, and Evaluation 18 19

1. The custodial seniority of an employee shall be established upon their date of hire. 20

The custodial seniority of an employee shall not be lost due to illness, authorized 21

leave of absence or a temporary layoff. Custodial seniority shall be the basis of 22

custodial staff reduction. 23

24

2. The promotional seniority lists shall be brought up to date each year on January 1 25

based on January 1 and posted in each school in the Chief Custodian’s office. 26

There shall be two promotional seniority lists as follows: 27

28

List A: Certificated/Licensed Employees’ Promotional Seniority List: Placement 29

on this list will be governed by the calendar year of license, the year, day, and 30

month of last hire as a full-time employee except as provided in item (4) of this 31

section. Only eight (8) hour employees with a license shall be placed on this list. 32

If an employee requests and receives a part-time assignment, the employee’s 33

certificated/licensed seniority will be based upon reassignment to an eight (8) 34

hour assignment. 35

36

Any employee whose license is allowed to lapse or is revoked loses 37

certificated/licensed seniority. Certificated/Licensed seniority will be 38

reestablished based upon the reissued license. 39

40

jgallma

Typewritten Text

24

An employee who has a boiler license at the time of hire by the District is eligible 1

for the certificated/licensed seniority list after completing one (1) calendar year of 2

work as a custodian with the District. 3

4

List B: Custodian Promotional Seniority List: Seniority on this list shall be 5

established at the time the employee is hired. 6

7

3. An employee shall establish seniority for bidding. 8

9

4. An employee must complete the courses/training designated for each Level and 10

Step as a requirement for advancement to the position and/or wage rate designated 11

for that Level and Step as described in Appendix B. 12

13

A former custodial employee who does not have layoff rights and who is rehired 14

by the District will be considered a new employee. An employee who has 15

successfully completed a training class may bypass such a class and be credited 16

for the class, effective the same time that a new employee could qualify for the 17

training class increment, if the District and the Union mutually agree. If said 18

employee has a license, he or she does not qualify for the certificated/licensed 19

seniority list until one year from the date of rehire. The effective date of the 20

license will be the year the employee qualifies. 21

22

5. An employee’s seniority shall be based upon the mutually agreed upon seniority 23

list. Any ties after the effective date of said list will be resolved by the highest 24

number comprised of the last four digits of the applicants’ social security 25

numbers. 26

27

6. An employee with an average score of less than seven (7) in any category on 28

his/her evaluation will receive a written notice including the areas of 29

unsatisfactory performance with recommendations for improvement in identified 30

areas. The Union shall receive a copy of the written notice. 31

32

7. All non-certificated/non-licensed bid positions will be awarded to the qualified 33

employee from the seniority lists based on a passing evaluation of seventy (70) or 34

above with no more than one single category scoring less than seven (7). 35

Assignments within a building will be assigned in accordance to building 36

seniority. A school shall be construed to mean a total of a complex of all 37

buildings. 38

39

8. To be eligible for certificated/licensed positions, employees must have at least a 40

passing evaluation of seventy (70) with no more than one single category scoring 41

less than seven (7), and Classification E through A with E and D Classifications 42

25

being equal. Further selection criteria shall be as follows: 1

2

a. The three (3) most senior qualified candidates, by license seniority, 3

classification and required licensing in the District will be interviewed. 4

The interview panel will consist of: 5

6

i. A building administrator; and 7

ii. An Operations Office representative. 8

9

A representative from the Union will be present as an observer, but will 10

not participate in the selection. The representative will be paid at his/her 11

normal rate of pay for the time worked observing, not discounting 12

overtime, if applicable. Every effort will be made to assign a union 13

designated observer from the same shift when the interview is conducted. 14

15

b. The building administrator may choose to forego the interview process in 16

which case the senior employee of the qualified candidates will be 17

assigned. 18

19

If the building administrator does not choose the most senior employee, 20

the selection will be determined by the employee with the highest 21

composite score on the following criteria: 22

23

i. The employee’s most recent evaluation score (the average of the 24

scores given by the building administrator and the Operations 25

Office). 26

27

ii. The average score on the interview between the building 28

administrator and the Operations Office representative. 29

30

iii. The employee’s seniority in the District multiplied by two (2). 31

32

iv. The employee’s classification in the District with “A” equal to fifty 33

(50), “B” equal to forty-five (45), “C” equal to forty (40), “D or E” 34

equal to thirty-five (35), and an employee not currently holding a 35

certificated/licensed position, but qualified for the position, equal 36

to thirty (30). 37

38

c. SELECTION GUIDELINES 39

40

i. The Operations Office shall assume overall responsibility for 41

managing the selection process. 42

26

1

ii. Each candidate interviewed shall respond to the same questions. 2

The scoring of each interview will occur immediately after the 3

employee’s interview. 4

5

iii. The Building Administrator and the Operations representative will 6

jointly develop questions for the interview. The manager of 7

classified personnel will review the questions with the Operations 8

Office to assure legal compliance and appropriateness. Questions 9

must focus upon the knowledge; skills, experience, and attitudes 10

that contribute to success on the job and responses will be 11

evaluated using a maximum ten (10) point scale established to base 12

the interview on a maximum one hundred (100) points. Principals 13

should avoid making judgments on the candidates until the 14

interviews have been completed. 15

16

iv. If, after the interviews, the top ranking candidate declines the 17

position, the building administrator can opt to select the second 18

ranking candidate or interview the next senior candidates to assure 19

a pool of three (3) candidates. 20

21

v. No interview shall be conducted unless all three (3) candidates can 22

be interviewed the same day by the same interviewers. 23

vi. Selection shall be announced within five (5) days of the interview. 24

25

vii. All interviewed candidates shall be notified in writing of the results 26

of the interview. 27

28

viii. Unsuccessful candidates will have the opportunity to meet with the 29

Operations Office regarding the selection at the request of the 30

employee(s). 31

32

9. Evaluation 33 34

The District will evaluate custodial employees at least once annually by August 35

31 or as indicated in this section. Employees will be given a copy of their 36

evaluations at the time of the evaluation. 37

38

The purpose of the evaluation process is to provide an open dialogue and 39

communication between the custodians, building administrators and supervisor 40

that fosters both improvement and correction of an employee’s performance. 41

Employees who are performing in such a manner that their evaluation rating may 42

27

fall ten percent (10%) lower than their immediately preceding evaluation in job 1

title, except in the case of a serious violation of departmental direction or when 2

events occur that require significant disciplinary action, shall be given reasonable 3

advance warning that their performance must be improved in order to maintain 4

their previous evaluation rating. 5

6

The chief custodian, custodial supervisor and building administrator will evaluate 7

the custodial staff in the building. The chief custodian, custodial supervisor and 8

building administrator will make every effort to meet as a team to discuss the 9

employee’s evaluation in person. The evaluation form shall contain the ratings of 10

the chief custodian, custodial supervisor and building administrator. The form 11

will have a section for each participant to sign, date and add comments as needed. 12

All three evaluation numerical ratings will be averaged to produce a final 13

evaluation score. All evaluations shall be completed no later than August 31 each 14

year. 15

16

In the event of the absence of one or more of the evaluation scores, the Union and 17

District will mutually agree on the process to complete the employee’s evaluation. 18

Such agreement will precede any interviews and/or completion of the bidding 19

process when the affected employee has an uncompleted evaluation. 20

An existing employee must receive a grade of seventy (70) or higher with no 21

more than one single category scoring less than seven (7) on the last evaluation to 22

be eligible to bid. 23

An employee with a score of less than seven (7) in any category on his/her 24

evaluation will receive a written notice including the areas of unsatisfactory 25

performance and recommendations for improvement. The Union shall receive a 26

copy of the written notice. 27

28

Any employee may request an evaluation after sixty (60) working days from the 29

last evaluation. 30

31

Performance Correction Process 32

33

a. An evaluation below seventy percent (70%) is unsatisfactory. Any 34

employee with an evaluation below seventy (70%) will be provided with 35

written notice of the areas of performance that were unsatisfactory and the 36

areas in which the employee must improve, and will be reevaluated within 37

sixty (60) working days. 38

39

b. If the employee’s evaluation after sixty (60) working days is still below 40

seventy percent (70%), or if the District determines that a negative change 41

in an employee’s performance merits action, the employee will be placed 42

28

on a ninety (90) working day probation period. The employee will receive 1

a probation notice letter, including the areas of unsatisfactory performance 2

and the areas in which the employee must improve. The Union shall 3

receive a copy of probationary letters. 4

5

c. The employee will be evaluated every thirty (30) working days during the 6

probationary period. The District may end a probationary period if an 7

employee makes necessary improvements, or extend the probationary 8

period for an additional sixty (60) working days if there has not been 9

sufficient improvement in work performance. 10

11

d. Failure to satisfactorily complete a probationary period is grounds for 12

termination. 13

14

e. With prior approval of the District, a Union representative may attend 15

meetings scheduled with employees related to the probation process. 16

17

Newly hired or rehired employees will be evaluated at the end of 1040 hours, 18

which will constitute a probationary period. Upon receiving an evaluation score 19

above seventy percent (70%), with no single category scoring less than seven (7), 20

the employee will have successfully fulfilled the probationary period. During the 21

probation of a new hire the District retains the right to dismiss the employee 22

without recourse to the other provisions of this agreement. 23

24

10. Vacant Positions 25 26

All vacant positions will be posted for bid on the next bid sheet by the fifth (5th) 27

calendar day of each month; provided, however, all custodial positions will not be 28

posted during July; said positions will be posted for bid on August 5 until the 29

Monday of the last full week in August and assigned effective September 1. 30

When the staff and students are temporarily relocated from one building to 31

another, the positions at the temporary site are not “vacant positions” subject to 32

bid. If there are additional positions at the temporary site, those positions are 33

subject to bid. If there are fewer positions at the temporary site, the employees 34

with the least building seniority in the impacted classifications will be placed on 35

relief until they bid for other positions or their positions are restored at the 36

original site. 37

38

The Operations Office will send each employee a copy of the bid sheet. Bids will 39

be open for at least five (5) working days for consideration by qualified, eligible 40

employees. The Operations Office will endeavor to schedule interviews within ten 41

(10) working days following the close of bids. If the selection is not made by the 42

29

last working day of the month, the most senior candidate will fill the position, 1

provided that in extenuating circumstances the District will notify the union of 2

such circumstances and request a mutually agreed-upon date to conduct the 3

interview. 4

5

An employee may bid on any posted position; provided, however, said employee 6

is not eligible to bid on the previously held assignment or on a position of the 7

same classification for the next two (2) bidding periods. The employee who is the 8

successful bidder will be assigned to the position effective the first (1st) working 9

day of the next month. 10

11

Employees on vacation may make arrangements with the Operations Office to bid 12

by mail. 13

14

All unbid positions, except non-certificated/unlicensed swing shift custodian 15

positions, shall be posted a second (2nd) time. If there are no bids for the position, 16

the Operations Manager may offer an employee, including apprentices in 17

qualified positions, the unfilled position by seniority. If the position is not 18

accepted, the Operations Manager may assign the least senior employee including 19

qualified apprentices. 20

21

11. An employee who is not working in the custodial bargaining unit and is not in 22

leave status pursuant to this agreement will not appear on the promotional 23

seniority lists. 24

25

An employee who leaves the custodial bargaining unit, but continues as an 26

employee of the District, shall have all seniority earned within this bargaining unit 27

credited to him or her upon return to this bargaining unit. 28

29

No employee will earn bargaining unit seniority while working outside the 30

bargaining unit, unless the District and Union agree to an exception in writing. 31

32

12. An employee who requests a transfer to a posted position must fill out the 33

“Application for Change of Position” form. The employee may identify the need 34

for a break-in period and request one (1) or more days. If any break-in days are 35

authorized by the manager of custodial services, they will be completed prior to 36

the beginning of the month at the employee’s current rate of pay. The assignment 37

to the new position is effective the first (1st) working day of the month. Any 38

request by an employee to return to the former position must be during the break-39

in period and must be agreed upon in writing by the District and the Union before 40

the employee is permitted to return. An employee will be on one (1) month of 41

probation after the break-in period unless other arrangements are agreed upon in 42

30

writing by the District and the Union. If there are changes in the bid results 1

assignments and the certificated/licensed employee is the second (2nd) or third 2

(3rd) employee assigned, and if that certificated/licensed employee is assigned on 3

the last day of the month without a break-in period, the employee may request to 4

return to the previous assignment within three (3) working days of the new 5

assignment. The previous bid position will be reposted for bid with other bids. 6

7

13. When there is a vacancy in the building for a custodial position, the custodian 8

with the most building seniority will have first (1st) choice, but will have to notify 9

the Operations Office and Chief Custodian prior to the posting. When such a 10

vacancy occurs, custodians within the building shall receive five (5) working 11

days’ notice prior to the posting. 12

13

14. Successful bidders for certificated/licensed positions shall be evaluated within the 14

first sixty (60) working days of their new assignment. In the event the employee 15

receives a score of below seventy percent (70%) on the sixty (60) working day 16

evaluation, the employee shall be removed from the position. The employee will 17

revert back to their previous license classification and wages. Employees with 18

previous license classification will be placed upon the Certificated/Licensed 19

Relief List. All employees will be eligible to bid for open positions. Successful 20

bidders may return to their previous position within three working days on the job 21

in the assignment but shall maintain classification and will be placed upon the 22

Certificated/Licensed Relief List and will be eligible to bid for open positions. 23

24

Section 21. Personnel Procedures 25 26

1. The District shall retain the sole right to the selection of new employees. 27

28

2. The District reserves the right to select custodial supervisors. However, the 29

general practice will be to promote from within the ranks of the employees. 30

31

3. All custodians are subject to transfer on a temporary basis during the summer 32

months or in cases of emergency. 33

34

4. When an employee holding a certificated/licensed position is disqualified the 35

employee may return to custodian on relief status. The employee is eligible to bid 36

on any sweeping assignment. An employee who is demoted may be assigned by 37

the Operations Manager to custodian, fireman or another certificated/licensed 38

position. 39

40

5. When a custodian is to be transferred because of a problem, the employee shall be 41

moved to relief status and allowed to bid on the next bid sheet. Transfers are not 42

31

disciplinary and will not be arbitrary or capricious. The District will notify the 1

Union Business Representative of employees being transferred. The employee 2

shall be held on relief status until another permanent assignment is won on bid. 3

4

6. Temporary employees may be laid off in the summer at the discretion of the 5

Operations Manager without forfeiture of any prorated vacation pay due them. 6

They will, however, be placed when needed in any additional extra summer work 7

8

9

7. Layoff and Recall Procedure 10

11

When the District eliminates a certificated/licensed position, the employee 12

assigned to that position will bump the least senior employee in the same 13

classification of the same title, if any. The least senior employee will then bump 14

the least senior employee of the same title in the next lower classification, 15

provided that this employee’s seniority is less and provided further that an E 16

classification chief or an engineer may bump a fireman. This process will 17

continue until the least senior employee in the District has been laid off or 18

reassigned. Seniority will be in accordance with the negotiated seniority list. Said 19

employee will retain his/her classification until he or she successfully bids on 20

another position of the same or higher classification. 21

22

Said employee’s salary will be frozen until the salary of the lower classification is 23

equal to or exceeds the grandfathered rate of pay. 24

25

When the District eliminates a day person position, the employee assigned to that 26

position will bump the least senior employee assigned to a day person position. 27

The employee bumped will be transferred to relief status; said employee’s salary 28

will be frozen until the salary of the lower classification is equal to or exceeds the 29

grandfathered rate of pay. 30

31

When the District reduces a non-certificated/unlicensed custodian position from a 32

school building complex, the non-certificated/unlicensed custodian with the least 33

District seniority from the appropriate list will be transferred to non-34

certificated/unlicensed custodian relief; said employee may bid on future posted 35

vacancies. 36

37

The District will lay off part-time non-certificated/unlicensed custodians prior to 38

laying off any eight (8) hour employees. Part-time non-certificated/unlicensed 39

custodians who are laid off will be placed on a part-time seniority lay off list for 40

fifteen (15) months from the date of layoff. The District will give preference, by 41

seniority, for rehire to persons on this part-time list before hiring a new employee 42

32

to a custodial position; if rehired to a part-time non-certificated/unlicensed 1

custodian position within fifteen (15) months, said employee’s previous hire-in 2

date will establish the employee’s seniority. 3

4

The bumping procedure for a reduction or elimination of position will be done not 5

only by classification, but will be done by job title in classification. 6

7

A person on the layoff list must notify the Human Resources Office of any change 8

in address or telephone number. A person who fails to notify the Human 9

Resources Office will lose all recall rights. 10

11

A person who rejects an offer of eight (8) hour employment will be dropped from 12

the layoff list and thereby lose all recall rights. 13

14

There shall be no individual layoffs in the bargaining unit during the duration of 15

the agreement. An employee who is laid off by the District and is eligible to be on 16

the layoff list will be given preference to work by seniority highest to lowest. 17

18

The Union shall be informed as early as possible of the final decision to reduce 19

staff. Affected employees will receive notification of terminations, which shall 20

not become effective for thirty (30) days. 21

22

When the District reduces the custodial staff, it shall adhere to custodial seniority 23

as nearly as possible. Layoffs will be in the following order: part-time, then full-24

time custodial department seniority. Each employee involved shall be given two 25

(2) weeks’ notice prior to layoff. 26

27

A person on the layoff list will be offered temporary summer work before the 28

District offers it to a person not on the layoff list. 29

30

8. Personnel Files 31

32

The District personnel file on any employee shall be subject to review at 33

reasonable times by the employee. 34

35

Any critical written matter or any commendatory items shall be shared with the 36

employee prior to its inclusion in the employment file and shall be signed or 37

initialed by the employee as proof of knowledge of its entry. 38

Materials reviewed by an employee and judged by the employee to be derogatory 39

to his/her service, character, or personality may be answered and/or refuted by the 40

employee in writing. Such written response shall be permanently attached to said 41

materials and shall become a part of his/her personnel file. 42

33

1

Copies or records of grievances filed by an employee shall not be entered into the 2

personnel file. 3

4

An employee may make a request to the Assistant Superintendent, Human 5

Resources to have material removed from the file. In the case of disciplinary 6

materials the request may be granted if no other disciplinary actions have 7

occurred for two years since the date of the material being requested for removal. 8

9

Section 22. Apprenticeship Program 10 11

The District and Union agree to continue the apprenticeship agreement and increase the 12

contribution rate consistent with the Trust Agreement. The Operations Office will assign 13

the positions for all apprentices. When an apprentice is assigned to a school with another 14

journeyman custodian, the employees will jointly clean the two stations. This will 15

provide training for the apprentice and allow the journeyman custodian to observe the 16

work of the apprentice. The journeyman custodian shall provide feedback on the progress 17

of the apprentice to the building’s chief/custodian and/or custodial supervisor. 18

19

Apprentices shall not bid on open positions, but may indicate interest on the bid sheet. If 20

there is a showing of interest and no journey person bids on the position, the Operations 21

Office may assign the apprentice on a temporary basis. 22

23

It is recognized by the District and the Union that some courses/training, or portions of 24

courses/training, may be provided by the District. These activities should be 25

accomplished and supported by the resources available through the apprenticeship 26

program. 27

28

Any apprentice who fails to complete his/her apprenticeship training will be terminated 29

from employment by notice from the Joint Apprenticeship Training Committee (JATC). 30

However, the District may not terminate the apprentice until after he/she has exhausted 31

the appeal process. 32

33

Section 23. Discipline 34 35

1. Employees are responsible for recognizing changes to the District policy and 36

related policies as they may change. 37

38

2. The District will notify an employee prior to a meeting set up for possible 39

disciplinary action so that the employee has an opportunity to obtain Union 40

representation. If representation is not available, the meeting will be rescheduled 41

to a mutually agreed upon time. 42

34

1

3. When an employee is dismissed or suspended for disciplinary action, a written 2

notice will be given to the employee with a copy sent to the Union. 3

4

4. The District will act in good faith in the dismissal or demotion of any employee. 5

6

5. Discipline will be for just cause. As such, an employee will not be disciplined for 7

an arbitrary or capricious reason. The extent of any disciplinary action will be in 8

keeping with the seriousness of the infraction. A process of progressive discipline 9

will be used. Progressive discipline includes oral warning, written reprimand, 10

suspension or termination. The employee will receive a copy of any written 11

reprimand. 12

13

Section 24. Drug and Alcohol Testing 14

If the District determines that it has reasonable suspicion that an Employee may be under the 15

influence of drugs or alcohol in violation of District Policy 5201, Drug-Free Schools, 16

Community, and Workplace, the District may direct that employee to immediately accompany a 17

District administrator and a District School Patrol Officer to an appropriate facility for testing. 18

Reasonable suspicion includes, but is not limited to, (1) objective evidence that the Employee’s 19

actions, conduct, or appearance is indicative of being under the influence of drugs and/or alcohol 20

or (2) the Employee is in possession of drugs and/or alcohol or drug paraphernalia while on duty 21

or on school grounds. If the basis of reasonable suspicion is that the Employee’s actions, 22

conduct, or appearance is indicative of the Employee being under the influence of drugs and/or 23

alcohol, the employee’s actions, conduct or appearance must be observed by two (2) District 24

personnel before any testing action is taken. 25

The Business Representative of the Union will be given a courtesy telephone call that the District 26

will be requiring a drug or alcohol test of an employee. If an employee wishes to have a Union 27

representative present at the testing facility or during transport to the testing facility, it is 28

incumbent on the Employee to secure the presence of the Union representative present. 29

However, seeking the presence of the Union representative shall in no way delay the testing 30

process once the directive to be tested has been given. 31

All testing will be performed by Substance Abuse and Mental Health Services Administration 32

(SAMHSA) certified laboratories. Testing will be performed by trained technicians. The 33

Employee may request, within fifteen (15) days of being notified of a positive test that the 34

medical review officer (MRO) arrange to have the original sample retested, at the employee’s 35

expense, at a different SAMHSA certified drug testing laboratory. If the retest is negative, the 36

MRO shall revise the test results to negative and the employee will be reimbursed for the cost of 37

the retest. 38

35

The Employee will be compensated at her/his appropriate hourly rate for the time devoted to 1

travel to and from the testing facility and the test procedure. Following the test and prior to any 2

disciplinary or other administrative action being taken, the Employee will be advised in writing 3

of the nature of the allegations. If there has been no other related misconduct, employees who 4

test positive for drugs or alcohol will be offered one opportunity to have a drug or alcohol 5

assessment and successfully complete any treatment or counseling prescribed in the assessment 6

before being considered for disciplinary action. The school district will incur no financial 7

obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement. 8

Employees may utilize accrued leave while participating in substance abuse treatment, or may be 9

placed on unpaid leave if they do not have sufficient leave to cover their absence during 10

treatment. 11

The results of drug and/or alcohol testing will be weighed by the District in determining if any 12

employee misconduct has occurred and if so, the appropriate discipline. An Employee who 13

refuses to consent immediately upon request to a test for the presence of drug and/or alcohol or 14

to otherwise fully cooperate in the test or an investigation for such will be considered 15

insubordinate and subject to such discipline as may be appropriate under the circumstances, 16

which may include suspension without pay with the intent to discharge following the 17

investigation. All due process required by the collective bargaining agreement and general legal 18

principles will also be applied. 19

An Employee shall notify the Assistant Superintendent of Human Resources within five days of: 20

(1) any conviction of any criminal drug related conviction; and/or (2) if that employee operates 21

any vehicles or motorized equipment in the performance of his/her duties, any drug or alcohol 22

related criminal conviction or any suspension or revocation of the employee’s driver’s license for 23

a drug or alcohol related offense. 24

Section 25. Leaves 25 26

1. Notification Procedure 27

28 An employee must notify the Operations Office immediately whenever said 29

employee will not report to work for any reason. 30

31

a. Day shift employees must call the prior day no later than 8:00 p.m. 32

b. Swing shift employees must call prior to 10:00 a.m. 33

c. Graveyard shift employees must call prior to 10:00 a.m. 34

35

For an unanticipated/emergency absence occurring after the designated reporting 36

time, an employee must notify the Operations Manager as soon as possible. 37

38

36

The Operations Manager may discipline an employee who fails to report his or 1

her absence in accordance with this procedure; the discipline may include the loss 2

of work and pay for the day. 3

4

An employee on sick leave who can return to work after the time specified above 5

may call the Operations Office. The Operations Office, at its discretion, may 6

assign said employee to an available assignment or continue the employee on sick 7

leave for the day. 8

9

An employee must notify the Operations Office prior to returning to work in 10

accordance with the times mentioned above. 11

12

If reason(s) for absences are found to be inaccurate, the employee will be subject 13

to appropriate consequences; willful falsification of payroll records will result in 14

discipline. 15

16

In general, medical certification is not required to support an application for sick 17

leave benefits for short-term absences. However, such certification may be 18

required by the District in individual cases where an employee demonstrates a 19

sudden change in attendance or a suspect pattern of attendance. 20

21

22

2. Leaves with Pay 23

24

a. Sick Leave 25

26

At the beginning of each fiscal year, twelve (12) month employees will be 27

credited with twelve (12) days of sick leave. Sick leave may be used for 28

absences caused by illness, injury, and disabilities, including those caused 29

or contributed to by pregnancy, miscarriage, abortion, childbirth and 30

recovery therefrom. 31

32

In addition, up to three (3) days of sick leave shall apply to emergencies. 33

34

The following conditions apply to emergencies: 35

36

i. The problem has been suddenly precipitated. 37

38

ii. Preplanning is not possible. 39

40

iii. Preplanning cannot relieve the necessity for the employee’s 41

absence. 42

37

1

iv. The problem is not minor or of mere convenience, but of a serious 2

nature. 3

4

v. Auto trouble shall not be considered an emergency except in case 5

of an accident. 6

7

Any employee claiming benefits of more than forty (40) consecutive work 8

hours due to illness or injury shall submit a medical report the next work 9

day and every thirty (30) days thereafter while the illness persists. 10

11

Sick leave allowance for part-time employees or employees who work 12

only part of the fiscal year shall be prorated. The unused portion of such 13

allowance shall accumulate from year to year in accordance with current 14

state law. 15

16

Employees who resign from the District and are subsequently reemployed 17

by the District shall retain the number of days of accumulated sick leave 18

held at the time of resignation from the District provided that they have 19

not been used while employed by another public agency. 20

21

Supplemental Condition for Sick Leave Buyback: 22

23

In January of the year following any year in which a minimum of sixty 24

(60) days of leave for illness or injury is accrued, any eligible employee 25

may exercise an option to receive remuneration for unused leave for 26

illness or injury accumulated in the previous year at a rate equal to one (1) 27

day’s monetary compensation of the employee for each four (4) full days 28

of accrued leave for illness or injury in excess of sixty (60) days. Leave 29

for illness or injury for which compensation has been received shall be 30

deducted from accrued leave for illness or injury at the rate of four (4) 31

days for every one (1) day’s monetary compensation: PROVIDED, that no 32

employee may receive compensation under this section for any portion of 33

leave for illness or injury accumulated at a rate in excess of one (1) day 34

per month. At the time of separation from District employment due to 35

retirement, resignation or death an eligible employee or the employee’s 36

estate shall receive remuneration at a rate equal to one (1) day’s current 37

monetary compensation of the employee for each four (4) full days 38

accrued leave for illness or injury. 39

40

b. Workers’ Compensation (Industrial Insurance) 41

38

i. Any injuries or industrial illnesses received while at work must be 1

reported to the Operations Office with the full history of the case on 2

accident report blanks, as they are covered by the State Workers’ 3

Compensation Law. Employees are covered for the working days 4

included in the first three (3) calendar days after the day of the accident 5

from the employee’s sick leave balance, if any. Employees receive free 6

medical aid for injuries on the job and may be treated by the physician of 7

the employee’s choice. 8

9

ii. The appropriate payroll clerk(s) will automatically allocate accrued 10

sick leave for all working days included in the first three calendar 11

days following an injury, except that guaranteed paid holidays 12

which fall within the first three (3) calendar days following an 13

injury will be paid as holiday pay in lieu of sick leave for eligible 14

employees in order to make total pay equal to regular pay. 15

16

For absences extending beyond three (3) calendar days, the 17

appropriate payroll clerk(s) will automatically implement sick 18

leave balancing to make total pay equal to regular pay. In addition, 19

when sick leave has been exhausted, an employee may request in 20

writing to use vacation pay balancing. An employee may request in 21

writing at any time that sick leave not be used in order to make 22

total pay equal to regular pay. Sick leave used cannot be “bought 23

back.” 24

25

The intent is to enable the employee to draw full pay, but not more 26

than full pay, during the absence due to injury on the job. 27

28

iii. The District will continue to pay its share of the employee’s health 29

insurance subsidy only each month during the first twelve (12) 30

months provided that the employee furnishes his/her share to the 31

business office each month by check made payable to the Sound 32

Partnership. 33

iv. At the end of one (1) calendar year from the date of the injury, the 34

following applies: 35

36

(a) An employee who is not authorized to report back to work may 37

request a leave of absence in writing using the Request for 38

Leave Without Pay form provided by the District pursuant to 39

the Other Leaves item (Section 24.3.d) of this Agreement. The 40

leave request is subject to Board approval at its discretion. 41

42

39

(b) Said employee will be paid for all unused vacation pay earned. 1

2

(c) If said employee returns to active employment status with the 3

District, his or her remaining sick leave balance will be 4

reinstated in accordance with District policy. 5

6

(d) Group medical insurance benefits terminate; each employee 7

must arrange for COBRA benefits or for his or her own 8

medical insurance coverage, if desired. 9

10

(e) While on industrial insurance, sick leave, holiday and vacation 11

benefits will continue to accrue to the employee in the same 12

manner as if the injury had not occurred for a period of twelve 13

(12) calendar months. The District’s obligation to an employee 14

for accrual of these fringes terminates at the end of twelve (12) 15

calendar months. 16

17

SUPPLEMENTAL CONDITIONS: 18

19

The District, at its discretion, may establish a light duty position for any 20

District employee who is on workers’ compensation. The light duty 21

position is not subject to posting, bidding, etc. Any District employee so 22

assigned will not replace any current employee. The District will notify 23

the Union of the light duty assignment, including the assigned hours, for 24

any bargaining unit employee. 25

26

Twelve (12) months of benefits pursuant to item (3) of this section are the 27

maximum benefits for an employee, unless said employee works thirty 28

(30) consecutive days of regular duties to restore eligibility for said 29

benefits. 30

31

An employee who has exhausted twelve (12) months of benefits pursuant 32

to this section and who returns to a light duty position shall have the 33

benefits of this section restored one month for each one month of light 34

duty work up to six (6) months at which time the full benefits of this 35

section shall be restored. 36

37

c. Bereavement Leave 38

39

The Board will allow up to five (5) days of paid bereavement leave at the 40

time of death of any relative residing in the employee’s household and/or 41

the following family members: spouse, domestic partner registered with 42

40

the TRUST or other government organization, mother, father, daughter, 1

son or siblings, father-in-law, mother-in-law, daughter-in-law, son-in-law, 2

grandfather, grandmother and grandchild. 3

4

The Board will allow up to three (3) days of paid bereavement leave to 5

attend or participate in family services in the event of the death of a 6

brother-in-law or sister-in-law. 7

8

The Board will allow one (1) day of paid bereavement leave for 9

attendance at the funeral of an aunt, uncle, nephew or niece. 10

11

Extensions may be granted by the Assistant Superintendent, Human 12

Resources, in extenuating circumstances. 13

14

Bereavement leave is non-accumulative. If not specifically provided for 15

in this section, bereavement leave is not provided at the time of the death 16

of an in-law unless the person was residing in the employee’s household. 17

18

d. Family Illness Leave 19

20

Custodial employees shall be granted a leave of absence with pay of not 21

more than three (3) days during a year when such absence is occasioned 22

by the illness of any relative residing in the household of the employee 23

and/or the following family members which necessitates the presence of 24

the employee: spouse, domestic partner registered with the TRUST or 25

other government organization, mother, father, daughter, son or siblings. 26

The custodial employee will certify to the circumstances of the illness 27

upon return to work. Such leave is non-accumulative and is not to be 28

taken from sick leave. 29

30

e. Extraordinary Leave 31

32

Extraordinary leave will be granted for personal reasons for up to two (2) 33

days per year and is accumulative to a total of six (6) days. The following 34

conditions apply to extraordinary leave: 35

36

i. i. Leave may not be used to extend a holiday, vacation, or break 37

period, or when the district is closed. 38

39

ii. Leave may not be used for political purposes or en masse 40

meetings/activities. 41

42

41

f. Military Service (National Guard/Reserve Duty) Leave 1

2

i. Any employee who is a member of the Washington National 3

Guard or any organized reserve or armed forces unit of the United 4

States shall be entitled to and shall be granted military leave of 5

absence in accordance with RCW 38.40.060. 6

7

ii. Military leave shall be granted in order that the person may take 8

part in active duty training, when required to do so by the military 9

service, if such duty cannot be taken during non-work days. 10

11

ii. When military leave is granted, the employee shall receive his or 12

her regular pay from the District. 13

14

g. Jury Duty, Subpoena Leave 15

16

Leaves of absence with pay are allowed for jury duty. Any compensation 17

received for jury duty performed on working days will be deducted from 18

the employee’s net salary. 19

20

Leaves of absence will be granted when an employee is subpoenaed to 21

appear in an official proceeding, if such proceeding does not involve self-22

employment, other employment, and/or employer. Any compensation 23

received while an employee is honoring a subpoena will be deducted from 24

employee’s net salary, if it is determined that the employee is entitled to 25

leave of absence. 26

27

Employees are required to immediately notify the payroll department of 28

the amount received. 29

30

Leaves under this section are only for the portion of the day when 31

attendance is required. 32

33

3. Leaves Without Pay 34

35

a. Maternity/Parental Leave 36

37

i. An employee should notify the Human Resources department by 38

the end of the fourth month of pregnancy to assist Human 39

Resources in planning for replacement. 40

41

42

Parental leave shall apply to male and female employees and begin 1

at a time determined suitable by the employee and the personal 2

physician after consultation with the Human Resources 3

department, or designee. 4

5

ii. A maternity or parental leave of absence for up to one (1) year 6

without pay may be granted by the District to any employee for the 7

purpose of childbearing and/or child rearing. 8

9

iii. An employee who is legally adopting a child six (6) years or 10

younger may have the privileges of parental leave. The leave shall 11

commence as soon as the child has been released to the care of the 12

adopting parent(s). An employee on parental leave for adoption 13

may return to the first available vacancy for which he or she is 14

qualified. 15

16

iv. Parental leave shall not extend beyond eighteen (18) months of the 17

date on which the child was born or adopted. Parental leave may 18

be shared by the parents if it does not exceed the amount available 19

under the contract. 20

21

v. An employee returning from taking maternity/parental leave shall 22

be assigned to the same position or a similar open position held at 23

the time the leave commenced, unless the position no longer exists, 24

in which case the employee shall be treated in accordance with the 25

seniority and layoff provisions of this Agreement. 26

27

b. Political Leave 28

29

Upon request, employees may be granted political leave in accordance 30

with the following provisions: 31

32

i. With three (3) weeks’ notice, an employee may be granted up to 33

four (4) weeks of continuous leave without pay for the purpose of 34

campaigning for the employee’s own election. If the employee is 35

not elected to the political office, the employee shall return to the 36

same position held before the leave. 37

38

ii. If the employee is elected to the office, the Board may return the 39

employee to the same or mutually agreed upon position until such 40

time that the employee’s elected term of office necessitates leaving 41

the position. Any employee may hold a political office and 42

43

continue as an employee as long as it does not interfere with 1

his/her assignment. 2

3

iii. The Board may extend the employee who is elected to a political 4

office a leave of absence without pay up to one (1) year or a 5

fraction of a year. Upon return from this type of leave, the 6

employee will be returned to same position. If political leave is 7

extended beyond one (1) year, the person’s right to return to the 8

original position cannot be guaranteed. 9

10

c. Military Service (Active Duty) Leave 11

12

Any employee who volunteers or is inducted into active military duty shall 13

be considered to be on a leave of absence without pay for the period of 14

such service not to exceed five (5) years. Any employee who is recalled 15

into active military duty shall be considered to be on a leave of absence 16

without pay for the duration of recall. If employee requests reemployment 17

within ninety (90) days of honorable discharge from such military service 18

or after having presented other proof of having satisfactorily completed 19

service, employee shall be reinstated and restored as nearly as existing 20

circumstances permit, to the position previously held or to a position of 21

like seniority, status and pay. Provided, that the Board need not reemploy 22

such person if circumstances have so changed as to make it impossible, 23

unreasonable, or against the public interest for Board to do so; provided 24

further, that this section shall not apply to a temporary position. 25

26

If a person is not qualified for old position as a result of disability 27

sustained during service, but is nevertheless qualified to perform the duties 28

of another position under the control of the Board, employee shall be 29

reemployed in such other position; provided, that such position shall 30

provide like seniority, status and pay, or the nearest approximation thereto 31

consistent with the circumstances of the case. 32

33

d. Religious/Holiday Leaves 34

35

Employees are entitled to two (2) unpaid religious/holiday leave days per 36

calendar year as provided in RCW 1.16.050. The employee shall submit a 37

request for the unpaid religious/holiday leave days to the operations 38

manager a minimum of two days prior to the requested dates. If the 39

request is denied, the District should provide a written proof of hardship 40

within one (1) workday with a copy to the Union. 41

42

44

e. Other Leaves 1

2

i. Leaves of absence without pay, recommended to the Board by the 3

Superintendent, may be granted by the Board for up to one 4

(1) year. 5

6

ii. A certificated/licensed position will be held for the employee as 7

specified in the leave approval for a period up to one (1) year. The 8

vacancy will be filled by relief personnel. 9

10

iii. An eight (8) hour custodial position will be held for the employee 11

as specified in the leave approval for up to one (1) year. The 12

employee will be returned to the position; provided, however, that 13

if the position is reduced or eliminated the employee will be 14

assigned to relief and may bid on the next posting. 15

16

A custodian position will be posted for bid in accordance with the 17

bidding procedure, if an employee is granted a leave beyond his or 18

her one (1) year of absence due to workers’ compensation. 19

20

iv. An employee who uses up his/her accumulated sick leave may 21

request leave without pay in accordance with this item. 22

23

v. An employee must be on pay or paid leave status, or authorized 24

leave without pay to maintain his/her employment with the 25

District. 26

27

vi. Family and Medical Leave Act 28

29

The District and Union agree to comply with the provisions of the 30

Family and Medical Leave Act of 1993 and the Washington State 31

Family Leave Act (RCW Chapter 49.78) except for any provisions 32

of the agreement that provide benefits and protections beyond 33

those of the Act shall continue in full force and effect. 34

35

vii. Optional Leave 36

37

An employee may be allowed one (1) day off without pay per year. 38

The leave is granted at the discretion of the Operations Office and 39

may be canceled if conditions do not allow the absence. 40

41

45

viii. The custodian on unpaid leave for study purposes shall submit a 1

statement certifying course completion following the end of each 2

academic period. Such statement is required for the employee to 3

continue on leave for study purposes. 4

5

ARTICLE VI. FURTHER PROVISIONS 6

7

Section 26. Agreement Clause 8 9

This Agreement expressed herein in writing constitutes the full and complete agreement 10

between the Board and the Union and shall supersede any rules, regulations, policies, 11

resolutions or practices of the District which shall be contrary to or inconsistent with its 12

terms. 13

14

Section 27. Savings Clause 15 16

If any provision of this Agreement or any application of this Agreement to any employee 17

or group of employees should be found contrary to law, then such provision or 18

application shall not be deemed valid and subsisting except to the extent permitted by 19

law, but all other provisions or applications shall continue in full force and effect. 20

21

If the District would be in violation of State law or would incur any penalty or decrease 22

in State support, the provisions of this contract affected by the ruling shall be reopened 23

and the District and the Union shall negotiate the provisions in accordance with the law. 24

The District and Union agree to review and mutually modify the collective bargaining 25

Agreement when there are any changes to the City of Tacoma Boiler License Codes. No 26

changes will be made unless both parties mutually agree to the changes. 27

28

Section 28. Copies of Agreement Clause and Union Communications 29 30

Copies of this Agreement shall be posted on the District website. A copy of this 31

Agreement will be provided to the Union and to each employees covered by this 32

Agreement upon request. 33

34

This Agreement will be available on the District website to the employees within ninety 35

(90) days after ratification by the Board and the Union. 36

37

The union may use District email for informational communication, excluding organizing 38

labor actions or political lobbying. 39

40

41

42

46

Section 29. Duration Clause 1 2

This Agreement shall be effective as of September 1, 2016 and shall continue in full force and 3

effect through August 31, 2019.4

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APPENDIX A

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Signed copy on file

2016 - 2017 CUSTODIANS - SALARY SCHEDULE

EFFECTIVE SEPTEMBER 1, 2016

CLASSIFICATION 1 2 3 4

Apprentice Rate 15.0845 15.7384 17.1553 19.1608

F 19.7494 20.1744

E 20.4687 21.2861

D 21.7766 23.0300 23.4551 **

C 23.1826 24.5232

B 25.0682 26.0491

A 26.5505 27.5750

Sub Custodian Retiree Rate: 17.4387

A twenty (20) year increment will be paid to eligible employees at 5% after completion of 19 years of service.

A twenty-five (25) year increment will be paid to eligible employees at 2% after completion of 24 years of service.

A thirty (30) year increment will be paid to eligible employees at 1% after completion of 29 years of service.

Supervisor duties in the office shall be paid at Level A, Step 2 plus $.50 per hour. Employees required to have a fork lift certificate shall receive $.25 per hour increase.

Employees who have completed the chief and engineer refresher course prior to March 2, 2002 shall receive an increment of $.25 per hour. Those completing

the course after March 1, 2002 and before September 1, 2007 shall receive the $.25 per hour increment once the employee is assigned to a "D" classification position.

Those completing the course after September 1, 2007 shall receive the $.25 per hour increment once the employee is assigned to a chief custodian position.

Employees who are in the "E" and "D" classifications who are not chief custodians may get credit for taking the class and will receive the $.25 per hour

increment effective with being assigned a chief position.

One dollar and fifty cents ($1.50) per compensable hour is deducted from the employee's gross hourly wage, to be contributed to the central pension fund.

* Classification F-2 is a training step.

** Denotes grandfathered rates. Employees receiving these rates will continue to receive them, with state pass through percentages applied in subsequent years, as

long as they remain in the classification.

*

1/25/2017 10:08 AM

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APPENDIX B

Wage Schedule Levels with Training/Course Completion Requirements

Level Step 1

Step 2

H Relief Custodians

G Apprenticeship (Must complete all four (4) steps)

F Journey Level Customer Service course (approximately 40 hours)

E All H-F Level Courses Boiler Class III (approximately 96 hours)

D All H-F Level Courses Leadership/Management/Supervision (approximately 40 hours)

Trades training course (approximately 40 hours)

C All D Level Courses Boiler Class II (approximately 96 hours)

Chief refresher (approximately 40 hours

B All C Level Courses Internship

A All B Level Courses Other approved courses

Notes:

When course or training approval is required, it will be authorized by the Operation Manager

supervising custodial services. To the greatest extent possible, a listing of acceptable courses

for each level will be distributed to custodial staff every quarter of each year.

The boiler certificate/license class hours noted above are shown as they are provided in the

classes offered through Bates Technical College, as of April 2014.

A prerequisite for taking the Chief Refresher course is the successful completion of the

Supervision/Leadership Course.

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APPENDIX C

G:\groups\Shared\Employee & Labor Relations\Bargaining 2016\Custodian Bargaining 2016\2016-19 Custodial Contract\Appendix C Custodial Pay Classifications.docx 11/29/2016

Custodial Pay Classifications

Class Number Title Site Remarks

H 5 Custodian All Swing,

Graveyard

G 5 Custodian All Swing,

Graveyard

F 94 Custodian All Swing,

Graveyard

E 5 Day Custodian High Schools

1 Day Custodian CAB

8 Fireman Middle Schools Class III <50

MBTU

D 8 Chief Custodian Elementary <55,000 square

feet

1 Chief Custodian Whittier Primary

2 Chief Custodian Madison,

Willard

2 Chief Custodian Oakland, IDEA

1 Engineer CAB

3 LP Relief All Class IV

<20MBTU

C 25 Chief Custodian Elementary >55,000 square

feet

1 Chief Custodian Wainwright

Intermediate

5 Engineer High Schools Class III

<50MBTU

3 HP Relief All Class III

<50MBTU

B 9 Chief Custodian Middle Schools (Hunt transition)

3 Chief Custodian M&O (4SOTAs,

SAMI), CAB,

PDC-Skyline

3 OE Relief All Class III

<50MBTU

A 5 Chief Custodian High Schools

189

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APPENDIX D

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APPENDIX E

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Agreement - Tacoma Public Schools Home Agreements... · 2017-03-29 · 1 If the parties agree to...

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