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Contract Database Metadata Elements   
 
Title: Fayetteville-Manlius Central School District and Fayetteville-Manlius School 
Office Personnel Association (2002) 
 
Employer Name: Fayetteville-Manlius Central School District 
 
Union: Fayetteville-Manlius School Office Personnel Association 
 
Local:  
 
Effective Date: 07/01/02     
 
Expiration Date: 06/30/05 
 
Number of Pages: 30      
 
 
 
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--sP
5025 06302005 W
--e.
Fayetteville-Manlius Central School
District And School Office Personnel
AGREEMENT
FAYETTEVILLE-MANLIUS
SCHOOL DISTRICT
and
FAYETTEVILLE-MANLIUS
ASSOCIATION
OF
SCHOOL OFFICE PERSONNEL
July 1, 2"002
through
June 30, 2005
RECEIVED
NOV 2 4 2003
NYS PUBUC EMPLOYMENT
RElATIONS BOARD
L
35
TABLE OF CONTENTS
AGREEMENT ....... . . . . . . . . . . . . . . . 1
ARTICLE I - Recognition. . . . . . . . . . . . . . . . . . . 1
ARTICLE II - Definitions. . . . . . . . . . . . . . . . . . .
1
ARTICLE III - Comp,:nsation. . . . . . . . . . . . . 2
ARTICLE IV - Leav4:s. . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE V - Empl'::>ymenStecurity. . . . . . . . . . . . . . . 6
ARTICLE VI - Credit for Prior Experience. . . . . 6
ARTICLE VII - Tax Sheltered Annuities. . . . . . . . . . 6
ARTICLE VIII - Emergency Closing Days. . . . . 6
ARTICLE IX - Retirement Program. . . . . . . . . . . . . 7
ARTICLE X - Health Insurance. . . . . . . . . . . 7
ARTICLE XI - In-Service Training Program. . . . . 8
ARTICLE XII - Vacations. . . . . . . . . . . . . . . . . 8
ARTICLE XIII - Paid Holidays. -. . . . . . . . 10
ARTICLE XIV - Issue Discussion. . . . . . . . . . . . . . 11
ARTICLE XV - Grievance Procedure . . . . . . . . . 11
ARTICLE XVI - posting of Vacancies. . . . . . . . . . . . . . . 13
ARTICLE XVII - Assignments and Promotions. . . . . . . . . . . . 13
ARTICLE XVIII - Substitutes. . . . . . . . . . . . . . . . 14
ARTICLE XIX - Savings Clause. . . . . . . . . . . . . . . 14
ARTICLE XX - Taylor Law Clause. . . . . . . . . . 14
ARTICLE XXI - Association Rights. . . . . . . . . . . . . 15
ARTICLE XXII - Evaluations. . . . . . . . . . . . . . . . 15
ARTICLE XXIII - Employee's Personnel File. . . . . . . . . 15
ARTICLE XXIV - Negc,tiations Ground Rules. . . . . . . . . . . . 16
ARTICLE XXV - Sick Bank. . . . . . . . 16
ARTICLE XXVI - Study Committee. . . . . . . . . . . . . . 17
ARTICLE XXVII - Exte.rnal Responsibilities. . . . . . . . . . . . 17
ARTICLE XXVIII - Term of Agreement. . . . . . . ... . . . . 18
ATTACHMENTS:
Salary Schedule'A 2002-03 . . . . . . . . . . . . . . . 19
Salary Schedule B 2002 -03 . . . . . . . . . . . . . . . . . . 20
Salary Schedule A 2003 -04 . . . . . . . . . . . . . . . 21
Salary Schedule B 2003-04 . . . . . . . . . . . . . . . . . . 22
Salary Schedule A 2004-05 . . . . . . . . . . . . 23
Salary Schedule B 2004-05 . . . . . . . . . . . . . . . 24
Salary Schedule C 2002-04 . . . . . . . . . . . . . . . . . . . . . 25
Employee's Retirement:System - B. . . . . . . . . . . . . . . . . . 26
Parental & Maternity Leave - Appendix 1.1 . . . . . . . . . . 27
Sick Leave During Prl~gnancy-Related Disability
Appendix I. (2), I. (3) . . . . . . . . . . . . . . . . . . . . 28
- 1 -
AGREEMENT
Between Fayetteville-Manlius Central School District ("District") and
Fayetteville-Manlius School Office Personnel Associaiion ("Association") to
govern the terms and c:onditions of emplqyment. It is agreed between the
parties that any matters not included in this agreement which are the subject
of New York State Civil Service Law shall equally apply.
ARTICLE I
RECOGNITION
The District hereby rl~cognizes the Fayetteville-Manlius School Office Personnel
Association as the exclusive bargaining agency for all office personnel bearing
Civil Service classification, with the exception of:
Secretary to the Superintendent
Secretary to the .~ssistant Superintendent for Personnel
Personnel Aide to the Supervisor of Personnel
ARTICLE II
DEFINITIONS
A) "Board" shall mean the Board of Education of the district.
B) "Superintendent" shall mean the Superintendent of the School District.
C) "Full-Time Employee" shall be any employee who:
1. Is employed twelve (12) months during the school year and works from
eighteen and one-half (18 1/2) to ~hirty-seven and one-half (37 1/2)
hours per we~ek during the academic year and thirty-five (35) hours during
the summer months (normally starting July 1stand ending August 318t).
2. Is employed eleven (11) months during the school year and works from
eighteen and one-half (18 1/2) to thirty seven and one-half (37 1/2)hours
per week during the academic year and~~hirty-five (35) hours per
week during the summer months (nq~ally starting July 1st and ending
August 31st). The eleventh (11th) month shall consist of twenty two (22)
working days during July and August with July 4 considered as the twenty
second (22nd) working day. In the event of a summer shutdown (as is the
practice at F-M High School) affected employees shall be notified no later
than February 15 of the date(s) of said shutdown.
3 . Is employed ten (10) months during the school year and works from
eighteen and one-half (18 1/2) to thirty seven and one-half {37 1/2}
hours per wleek during the academic year (normally September 1st to June 30th) .
4. Ordinarily there will be an administrator or custodian or another
secretary in a school building when a secretary is working.
In the event the District elects to shut down for a given period of time and
said eleven (11) month employee is required to work at a later time in said
school year for the amount of time equal to the shutdown, (s)he will be .
compensated for said work. This shall not result in payment to the
individual(s) involved for both the period of shutdown and the period of
make-up.
- 2 -
Article II (con't.)
In the event the District elects to shut down for a given period of time and
said eleven (II) month employee is required to work at a later time in said
school year for the amount of time equa~ to the shutdown, (s)he will be
compensated for said work. This shall not result in payment to the
individual(s) involved for both the period of shutdown and the period of
make-up.
In the event the district elects to shut down for a given period of time and
sa.idten (10) month employee is required to'work at a later date during said School
Year for the amount of time equal to the shutdown, (s)he will be compensated for'
said work. This shall not result in payment to the individual(s) involved for both
the period of shutdown and the period of make-up.
D) "Part-time employee" shall be an employee who is regularly employed less
than a half-time basis. Any employee in this category shall not be
entitled to any fringe benefits such as Holiday Pay, Vacatio~, sick Leave,
Personal Leave, Health Insurance, Dental Insurance, etc.
E) "Immediate supervisor" shall. be the administ,rator, superintendent, business
manager, department coordinator or building. principal for whom the employee
works.
F) "School year" shall be the period of July 1 through June 30.
ARTICLE III
COMPENSATION
A) Waqes
Wages shall be in accordance wit:h Schedule A or Schedule B attached hereto and
made a part hereof this agreement. School office personnel shall be paid in
accordance with schedule A for a period of seven (7)years. After the completion
of seven (7) full school years those employees will be moved to and paid in
accordance to Schedule B. All other sc~ool" office p.ersonnel, except those
employees off schedule prior to July 1-;-2-002, shall be paid in.accordance with
Schedule B.
B) Pay periods
All twelve (12) month employees based on 26 pay periods.
All eleven (11) month employees based on 23.8 pay periods.
All ten (10) month employees based on 21.6 pay periods.
Each full pay period representing ten (10) days worked or entitled to for
designated holidays and earned vacations.
C) Emuloyee Paydays
Within the adopted calendar for each school year, employees will be paid on
a bi-weekly basis. Ten (10) and eleven (11) month employees who wish to
have twenty six (26) pay checks must notify the District. payroll office in
writing. Changes for the next fiscal year must be submitted by June 15.
- 3 -
Article III (con't.)
D) overtime
1. If an emploYE~e works in excess ,of forty (40) hours in any work week,
(s)he shall receive one and one half times his/her hourly rate for
such authori:~ed hours worked.
2. If an employee works on Sunday or any paid holiday, (s)he shall
receive two (2) times his/her hourly ~ate for
" such authorized Sunday
or holiday hc:>ursworked, provided that (s)he has worked in excess
forty (40) h(~urs in that work week. Written authorization for said
overtime must be secured in advance from the immediate supervisor.
ARTICLE IV
LEAVES
A) Sick Leave - Full-Time EmDlovee
1. Full-time employees sha-ll be allowed twenty (20) days per school year
at full salary for personal illness.
2 . Days not used during a school year shall be credited to each eligible
employee at the beginning of the following school year, provided that
the maximum accumulation of unused sick leave days shall be two
hundred (200) for ten (10) month e~ployees, two hundred twenty (220
for eleven (11) month employees and two hundred forty (240) for twelve
(12) month e~mployees, further prov~ded that any such accumulation
shall be ren,oved and shall not be paid for upon termination of
employment c>r retirement. An employee unable to return to work on the
regularly scheduled date of the new school year due to illness or
injury may use accumulated sick days. Sick days for the new year will
not be credited until the employee returns to work.
3. There shall be no accumulation of unused sick leave from an employer
other than the District.
4. The District may, at its discretion and expense request a certificate
from an authorized school physician to determine the eligibility of
absence as :;ick leave hereunder if such absences are in excess of five
(5) consecutive school days.
5. Five (5) of the twenty (20) sick days accumulated in one fiscal year shall
be availabl.e for family illness. Unused days shall be carried to the next
fiscal year as sick days.
B) Parental and Maternitv Leaves
1. A leave of absence without pay may be granted to an employee by the
Board, with the recommendation of the Superintendent, for the purpose
of child bearing or child rearing, for a period not to exceed two (2)
years.
- 4 -
Article IV (con't.)
2. An employee shall notify the District not less than three (3) months
before her personal physician's estimated delivery date in the event
of pregnancy or not less than Qne (1) month before the date of
adoption in the case of adoption, as to said employee's election of
the type of leave desired,
'hich shall be one of the following:
(a) Parental Leave 'of Absence without pay pursuant to Article IV, (b)
hereof: or
(b) Sick Leave during the period when she is physically unable to
perform her regular work duties (pregnancy only) i or
(c) Sick Lea~e during said period of pregnancy-related disability
plus a Parental Leave of Absence without pay, commencing on
termination of the said period of disability. The notification
to the District shall be substantially in the for~ attached as
Appendix I.
3. Procedure
(a) For a Parental Leave of Absence, the commencement and termination
date shall be agreed to by the employee and the superintendent or
his/her designee. In the event this period should need to be
altered, any alteration shall be mutually agreed upon by the
superintendent or his/her designee and the employee.
(b) For Sick Leave during the period of pregnancy-related disability
only, the employee shall, prior to commencing the same, obtain
from her personal physician and submit to the District written
certification in the form attached hereto as Appendix 1.2, as to
date of commencement of the disability and an estimate as to its
duration.
. .
-.
At any time after such a sick leave has continued fo~ a period of
six (6) weeks after delivery, the employee upon request from the
District shall submit an additional written certification from
her personal physician to the effect that the disability
continues.
(c) For a combined sick leave and parental leave of absence without
pay, the employee shall first proceed in accordance with the
provisions of Article IV B 3. (b) hereof; and then apply for
parental leave in accordance with Article IV (b) 3.a.
(d) An employee who is on the sick leave portion of a parental
leave may elect to return to work anytime prior to the
beginning of the unpaid portion of the parental leave, thereby
terminating the leave at that point.
nl
I
- 5 -
Article IV (con't.)
C) Personal Leave/Personal Business Leave
1. Each full-time employee shall 1:?egranted up to a five (5) day leave of
absence for each death or serious illness in the family. Said leave
of absence will be with full pay. Such leave will be on a
non-accumulative basis.
Immediate family, for the purposes of sub-paragraph "1" consists of:
Husband, wife, mother, father, sister, brother, son, daughter,
father-in-la.w, mother-in-law, guardian, grandchild, grandparents,
son-in-law, daughter-in-law, "almost family." "Almost family" shall be a
. person who has had a long, exceedingly close, family-type relationship
with the employee.
It is expresisly agreed to by and between the parties that in the event
an employee exhausts the leave granted in "1" above that any
additional leave will be termed personal leave (as defined in "2"
herein), and in the event an employee has exhausted her or his
personal lecLve at the time of the appl~cation for additional leave,
said emploYE~e will not be compensated for said additional leave.
2. Other Personal Business Leave - the intent of personal business leave
is to provide an employee the opportunity to conduct business that
cannot be pE~rformed other than during work hours. It is intended
neither to ~;erve as recreation or vacation time or to extend a
holiday or vacation period.
Each full-time employee shall be granted up to three (3) days
personal business leave with full pay, subject to the following:
(a) Presentation of request to supervisor forty-eight (48) hours in
advanc1~, except for emergency.
(b) Approvial of the request by the supervisor;
3. The Superintendent is authorized to credit additional leave with pay
under unusu,al circumstances which, in his judgment, justify such an
exception.
4. In the event that three emergency closing days have been declared, one
additional personal day shall be granted.
D) Jurv Dutv
Any full-time employee who is called for jury duty shall suffer no
reduction from his regular District pay while serving as a juror.
- 6 -
Article IV (con't.)
E) Leave of Absence Without Pay
1. The District, at its discretio~, may grant leaves of absence without
pay for a period not to exceed one (1) year. To be eligible for said
leave of absence, an employee must have been actively employed by the
District for twelve (12) months prior to the request for a leave of
absence. The application for such leav~ accompanied by the reasons
for the request, shall be made to the District through the applicant's
immediate supervisor.
2. An employee granted a leave of absence shall be entitled to the same
health insurance benefits as she or he would have if not on said leave;
however, the full cost of said health insurance benefits will be paid
by the employee.
F) Conference Time
Bargaining unit members shal~ submit to the .superintendent or his/her
representative a written notice of each protessional conference which (s)he
wishes to attend. Upon receipt of the written request, which must be
submitted as soon as possible but not less than one (1) week prior to the
conference, a leave of absence will be granted to not more than nine (9)
bargaining unit members not to exceed two (2) school days, at one time,
providing, at the discretion of the superintendent, the leave of absence
does not interfere with the normal operation of the School District. The
employees will be compensated and, if funds are available, reimbursed in
accordance with the District policy gov~rning employee's attendance at
conferences.
ARTICLE V
EMPLOYMENT SECURITY
Seniority of employee~ will be determined .by Rule XXVI ~f the current Onondaga
County Civil Service Rules & Regulations. The District and the As~ociation
shall create a committee composed equally of District and Association members
for the purpose of developing an acceptable seniority list to cover such items
as relative seniority for full and part-time employees. When the District receives
notification of any changes in Rule XXVI, a copy shall be forwarded to the
Association President.
ARTICLE VI
CREDIT FOR PRIOR EXPERIENCE
1~ employee new to the District and with prior experience is to begin no higher
than the probationary rate for the applicable position.
ARTICLE VII
TAX SHELTERED ANNUITIES
The District shall make payroll deductions for the purchase of tax sheltered
annuities in accordance with the applicable payroll authorization of each
employee.
- 7 -
ARTICLE VIII
EMERGENCY CLOSING DAYS
When an emergency closing day is declared, all employees covered by this
Agreement are expected to report to work within reasonable time of normal
starting hour.
Unless the superintendent of the District directs all District employees not to
report for work, any t~mployee who fails to report will be charged with a
Personal Business Leave Day for failing to physically report for work on said
"day." In the event that said employee has' no Personal Business Days
remaining, (s)he will not be paid for said "day."
If an employee is ilIon an emergency closing day they should follow standard
practice for any work day in order to utilize sick leave.
On days when school(s) is/are dismissed early because of severe weather
conditions or similar emergency conditions, the superintendent of schools or
his/her authorized designee shall determine when said building office personnel -
may be permitted to leave early. When the Superintendent or his/her authorized
designee permits or directs Employees to leave early, the Employees shall suffer no
loss of pay, sick leave, or pers'onal leave for ~his early departure.
ARTICLE IX
RETIREMENT PROGRAM
The New York State Twenty-Five (25) Year Career Retirement Plan; Section 41(j) of
the New York State Retirement and Social Security Law; and Section 60(b) of. the New
York State Retirement and Social Security Law, will be in full effect during the
term of this Agreement for all eligible emp+oyees. In addition, the New York State
Twenty (20) Year New Career Retirement Plan shall apply, effective July 1, 1992.
ARTICLE X
HEALTH INSURANCE
A) The District shall provide a shared cost hGSpitalization and medical
insurance plan~ alS well as a vision care plan, equivalent to that provided for
teachers. In addition, the District shall provide a shared cost dental
insurance plan at not less than the current benefit levels and, during open
enrollment, will allow the employee the option to enroll in the instructional
dental plan. Employee/employer contribution shall be as follows:
1. Health Insurance
Employee
Individual c:overage 10% of premium
Dependent cc)verage 15% of premium
2 . Vision Care
Employee
Individual coverage 0% of premium
Dependent coverage 10% of premium
3. Dental Insurance The District shall contribute $120 for each
participating employee.
8 -
Article X (con't.)
4. The District shall offer employees an optio~al Flexible Spending Plan.
If this plan terminates under law, premium contributions shall be treated
as they were before the Plan.
B} An employee who retires from the District, providing said employee has at least
the full time equivalent of ten (10) years service with the District and be a
minimum of 55 years of age, shall be entitled to maintain existing health and
dental benefits. The full-time equivalent of one year of service is seven
hours a day for two hundred eighteen (218) days for ten month employees;
seven hours a day for two hundred forty (240) days for eleven month employees;
and seven hours for two hundred sixty days (260)for twelve month employees. For
individual coverage the retiree 13hall contribute on the same basis as an active
employee. Depende~t coverage may be maintained at full cost to the retiree. If
the retired employee's coverage at the time of retirement included coverage for
a spouse, said spouse shall have the option, in the event of the death of the
insured employee prior to age 65, of maintaining the coverage on said spouse LO
age 65, and shall pay the full cost thereof.
C) The District shall offer a long term disabil~ty policy to School Office
Personnel subject to minimum guidelines set. by the insurance carrier. The
employee contribution shall be one hundred percent (100%).
ARTICLE XI
IN-SERVICE TRAINING PROGRAM
A} Members must attend orientation, awareness, inservice, or training meetings in
accordance with local, state or federal requirements as to employee or student
health, safety, or welfare. These meetings may be held outside of the normal
workday with pay.
B) The District agrees to pay the tuition and testing fees for up to two (2)
courses per semester for any full-time employee who successfully completes the
course. The District shall endeavor to keep the Association President informed
of courses available as it learns of them. ~
To qualify for the payment of tuition and testing fees, the course(s} selected
by the full-time employee must be approved by the employee's immediate
supervisor and proof of successful completion will be the official transcript.
ARTICLE XII
VACATIONS
A) Earned vacation is credited on July 1 of each succeeding fiscal year of
employment.
B} vacation time is to be used in the fiscal year following its accrual, except
as follows:
1} vacation time may not be used during the first six (6) months of
employment.
2) If employment continues beyond the sixth (6th) month, then such
employee may take one (1) vacation day before June 30 of that year.
That day will not be charged against accrual.
- 9 -
Article XII (con't.)
3) If upon taking such a vacation day an employee leaves District's
employ before June 30 of hiring year, the District may withhold one
(1) day's pay from final paych~ck.
c) All full-time employees shall receive the amount of vacation set forth
below, provided (:s)he has completed the period of continuous employment
prior to the date on which (s)he takes his/her vacation. The vacation
payment shall be based on the employee's regular hourly rate for the hours
(s)he normally works at the time of the'vacation.
Duration of Employment Entitlement to be Used
as of Julv 1 in Ensuina Year
12 mo. 11 mo. 10 mo.
Less than 1 Year 1 day per month to a maximum" of
10 9 8
At least 1 year and'
not more than 5 10 9 8
6 years 11 10 9
7 years 12 11 10
8 years 13 12 11
9 years 14 13 12
10 years 15 14 13
11 years 16 15 14
12 years 17 16 15
13 years 18 17 16
14 years 19 18 '. 17
15 years 20 19 18
D) Scheduling of vac:ation periods is subject to approval of the supervisor. For
ten (10) and eleven (11) month employees, Lf recess time exceeds the employee's
vacation time, extra days without pay may be granted with the approval of the
supervisor.
E) vacation days may not be carried over beyond June 30 of each year without
the approval of the supervisor.
F) Not more than three (3) eligible employees shall take their vacation at any
one time except iat the discretion of the District. Employees shall submit,
upon at least two (2) weeks notice to their immediate supervisor, their
pre.ference of da'tes and in case of conflict, the senior employee (s) shall
have preference.
G) The District by decision to be announced with as much notice as is possib!e
may, at its discretion, elect to shut down the District operations
completely for a given period of time; the period of shutdown shall
constitute, dependent upon the length of shutdown and vacation entitlement
of individual employees, the applicable portion of all of each employee's
vacation period.
- 10 -
ARTICLE XIII
PAID HOLIDAYS
A) The following days will constitute paid holidays 'for full-time School Office
Personnel:
Independence Day (excluding 10 month employees)
Labor Day
Columbus Day
Veterans Day
Wednesday before Thanksgiving (when it is not a student day of school)
Thanksgiving Day
Friday after Thanksgiving
Martin Luther King Day
New Years Day
Presidents Day
Memorial Day
When one of these holidays or Christmas falls on a weekend, the superintendent
will designate either the preceding Friday or the succeeding 'Monday as the paid
holiday. When a holiday or Christmas falls on a Tuesday, the preceding Monday
also becomes a paid. holiday. When a holiday or Christmas falls on a Thursday,
the succeeding Friday also becomes a paid holiday. The above rules do not
apply when an aforementioned additional holiday is a work day for
administrators.
In addition, Good Friday, the First day of Rosh Hashanah, Yom Kippur and
Christmas, are designated as religious holidays. School Office Personnel may
select any two of these as paid holidays~ The remaining two, and all other
religious days, will be work days. However, School Office Personnel may request
other leaves on these work days according to the terms and conditions set forth
in this contract.
If emergencies caused by transportation or utilities breakdown, heating problems
or excessive snow days require that the District schools are open on a holiday
or holidays in order to meet the State minimum requirement of 180 days of pupil
attendance, the District, depending on when the emergency occurs, may open the
schools for pupil attendance on Presidents .Day or Good Friday, in which event
said holidays shall be added to the number of vacation days.
Should the above schedule result in less than thirteen paid holidays (not
including the Wednesday before Thanksgiving) in a school year for eleven (11)
and (12) twelve month employees, eleven (11) and twelve (12) month employees
will receive a floating holiday to bring the balance to thirteen (13) paid
holidays within that school year. Should the above schedule result in less than
twelve (12) paid holidays (not including the Wednesday before Thanksgiving) in a
school year for (10) ten month employees, (10) ten month employees will receive
a floating holiday to bring the balance to (12) twelve paid holidays within that
school year. Scheduling of any such floating holiday is subject to supervisory
approval.
B) The Superintendent or his/her designee shall meet with the Association
Representatives to discuss the particular holidays upon adoption of the
school calendar.
- 11 -
ARTICLE XIV
ISSUE DISCUSSION
The purpose of this procedure is to provide an orderly method for the discussion of
issues among members of this bargaining ,unit and the administration.
1. Whenever an employee has an issue which he/she wishes to discuss with the
Supervisor, he/she should meet privately to discuss the issue and attempt to
resolve it. If the issue is an Association issue, the Association President
and the employet~(s) affected may discuss the issue with the Assistant
Superintendent ()f Personnel and attempt to resolve it.
2. If resolution d(~es not occur, the employee may notify the Association
President. An Issue Discussion Committee of the Association would meet to
consider the is:sue, to examine various ways of dealing with it, and to decide
whether to pursue it further.
3 . If the Committee decides the issue is not a grievance, then the employee and
the Committee may meet with the employee's immediate supervisor in an attempt
to reach resolution.
4. If resolution is not reached, then the employee and the Committee may refer
the issue to the Assistant Superintendent for Personnel.
5. If resolution is not reached upon review with the Assistant Superintendent for
Personnel, the employee and the Committee may refer the issue to the
Superintendent. After meeting and discussing the issue with the employee and
the Committee, the Superintendent wil~ render a decision which shall be final.
ARTICLE XV
GRIEVANCE PROCEDURE
Section 1.
The Purpose of this Procedure is to provid& an orderly method for the
settlement of a dispute between the parties over the interpretation,
application or claimed violation of any of the provisions of this
Agreement. Such dispute shall be defined as a grievance under this
Article. The grievant may elect to have an Association Representative
present at any and all phases of the grievance process.
SteD 1
The grievant must initially present his or her grievance to his or her
immediate supervisor in a meeting to occur no later than seven (7)
working day:s from the onset of the grievance. At this meeting the
grievant sh,all provide the immediate supervisor in wri ting a statement
of the natu:re of the grievance, the section(s) of the Agreement being
grieved and a suggestion for remedy (ies) . The immediate supervisor
shall respond in writing to the grievant no later than seven (7)
working days from the receipt of the written notice of grievance.
.- 12 -
Article XV (con't.)
Step 2
If the grievance is not settled at Step 1, the grievant may, within
seven (7) working days of receiving his or her immediate supervisor's
written response to the grievance, deliver a copy of the written
grievance to the superintendent's designee who shall, within three (3)
working days after receipt, give his written answer.
Step 3
If the grievance is not settled by the designee's written answer in
Step 2, the grievant may appeal within three (3) working days of
receipt of reply in Step 2 by giving written notice of such appeal to
the Superintendent or his designated representative who shall discuss
the matter with the Association's Grievance Committee within ten (10)
working days of receipt of the notice of appeal. The S~perintendent
or his designated representative shall give his written answer to the
grievant within five (5) working days after the close of the discussion.
Step 4
If the grievance is not settled by the written answer of the
Superintendent or his representative, the grievant may further appeal
by giving written notice thereof to the Superintendent within five (5)
working days of the conclusion of Step 3. The Superintendent will
within five (5) working days after'the receipt of the appeal submit
the grievance to t~e designated representative of the Boa.rd of
Education ("Board Representative") .who, with the Superintendent, shall
discuss the same with the Association's Grievance Committee within ten
(10) working days of receipt of the grievance from the Superintendent.
Section 2. Arbitration
Step 1
If the grievance is not settled by the written answer of the Board
Representative, the grievant may further appeal by giving written
notice thereof to the Board of Education within five (5) working days
after receipt of the written answer of the Board Representative. The
parties shall then with reasonable promptness, agree to the
appointment of an impartial Arbitrator and submit the grievance to
him for decision. If unable to agree on an Arbitrator within two (2)
weeks of the above written notice, the Arbitrator shall be chosen by
the rules of the American Arbitration Association.
Step 2.
(a) The arbitration proceeding shall be conducted under the rules of
the American Arbitration Association.
(b) The Arbitrator shall have no power or authority to add to,
subtract from, modify, change or alter any of the provisions of
this Agreement.
- 13 -
Article XV (con't)
(c) The decision of the Arbitrator shall be final and binding upon
the Parties.
(d) Fees and expenses of the Arbitrator shall be borne equally by the
Parties.
section 3.
If the District or any designated representative thereof fails at any step
to hold a conference or give an answer within the time limits provided, the
grievant at his/h(~r election may advance to the next step in this procedure.
ARTICLE XVI
POSTING OF VACANCIES
A) When a job vacanc'y occurs, a representative of the District must notify the
Association President within five (5) working days from the time the vacancy.
occurs, or within five (5) working days from the action taken by the Board,
whichever occurs first. If a written respo~se to said notification is not
made to the Superintendent or his/her desigpated representative within ten (10)
business days of the receipt of said notification, other sources will be
contacted to fill said vacancy. When this position is filled, a written
notice will be sent to the Association President on the status of the
position. In the event a bargaining unit member applies for the vacancy, an
interview shall be granted.
B) Upon hiring an employee, Civil Service form P-I00 is to be sent to Civil
Service for apprc,val. Upon request by the employee, a copy of the approved
P-I00 from Civil Service will be sent.
ARTICLE XVII
ASSIGNMENTS AND PROMOTIONS
A) Area of Assignment - All persons appointed~to positions within this
bargaining unit shall be required to take and pass the applicable Civil
Service Examination for that classification.
B) Salary Notices - An employee's scheduled compensation shall be communicated
to the employee by means of a Salary Notice on or prior to June 15, except
where negotiations relating to compensation for the following School Year
are not yet completed, in which case the said Notice shall contain
information as to assignment only.
Where a change in assignment is made, the employee affected and the Association
President shall be notified of new title and salary within five (5) working days
of the time when the change is made.
C) Promotion Procedure
Except for training or unusual situations or situations beyond control of the
District, employees will not be expected to assume new duties without the proper
compensation. Should the appointment not become permanent or the employee
not successfully complete the probationary period, (s)he shall be returned
to his/her original position at the prevailing rate of pay.
- 14 -
Article XVII (con't.)
D) Should the involuntary transfer of an employee be contemplated such
transfer shall be made only after a meeting between the employee and the
immediate superviso!, at which time. the employee shall be notified as to
the reasons for the transfer. Final disposition of the involuntary
transfer shall be made by the Superintendent.
ARTICLE XVIII
SUBSTITUTES
In the event of a temporary or substitute assignment, the assigned person shall meet
the minimum qualifications for the position and be paid according to the rate noted
on Schedule C for the assigned position.
ARTICLE XIX
SAVINGS CLAUSE
If any provision of this Agreement is subsequen~ly declared by the proper
legislative or judicial authority to be unlawful, unenforceable or not in
accordance with the applicable statutes or ordinances, all other provisions of
this Agreement shall remain in full force and effect for the duration of this
A~3reement .
ARTICLE XX
TAYLOR LAW CLAUSE
A) Section 204-a of the Civil Service Law.
Agreements between public employers and employee organization:
1. Any written agreement between a public employer and an employee
organization determining the terms and conditions of employment of
public employees shall contain the.fol~owing n~tice in type not
smaller than the largest type used elsewhere in such agre~ment:
"It is agreed by and between the parties that any provision of this
agreement requiring legislative action to permit its implementation by
amendment of law or by providing the additional funds therefor, shall
not become effective until the appropriate legislative body has given
approval."
2. Every employee organization submitting such a written agreement to its
members for ratification shall publish such notice, include such
notice in documents accompanying such submission and shall read it
aloud at any membership meeting called to consider such ratification.
3. Within sixty (60) days after the effective date of this act, a copy of
this section shall be furnished by the chief fiscal officer of each
public employer to each public employee. Each public employee
employed thereafter shall upon such employment be furnished with a
copy of the provisions of this section.
- 15 -
ARTICLE XXI
ASSOCIATION RIGHTS
A) Use of School Facilities - The Association shall 'have the right to use
school buildings for meetings, with9ut cost and at reasonable times, after
prior notification to and approval of the building administrator.
B) Use of School Mail - The Association shall have the right to use
interschool mail.
C) Bulletin Boards - The Association shall"have the right to use a bulletin
board w1thin each building in which a member of the Association is
employed.
D) Notification to A.ssociation - A copy of each report to the Civil Service
Commission concerning hiring, transfer, promotion or change in
classification (P-I00) covering an employee represented by the Association shall
be sent to the Association President when it is filed with the Civil Service
Office.
E) There shall be pe:riodic meetings between the Assistant Superintendent for
Personnel, the Association President and on~ other Association representative to
discuss areas of concern.
ARTICLE XXII
EVALUATIONS
A) Each employee sha~ll be evaluated by his/her immediate supervisor at least
once per year.
B) The evaluation form shall be the same for all members of the unit. It
shall be developed by the administration. A copy of the written
evaluation is to be furnished to the employee within ten (10) working days
after the evaluat:ion has been completed. The employee shall sign the
original and may append his/her comments of same and it shall be placed in
the employee's pE~rsonnel folder on file in:~he main office of the District.
C) In the event of a failure of the District to comply with the ~valuation
procedures outlined above, the employee may request in writing that said
evaluation be completed. If no evaluation is completed after such a
request is made, the employee can presume that the rating is satisfactory.
ARTICLE XXIII
EMPLOYEE'S PERSONNEL FILE
A) There shall be one personnel file maintained in the main office of the
District. Said file may be expected to contain all pertinent employment
information relating to said employee.
B) The employee, upc)n written request, shall have the right to review the
contents of his/her personnel file. Pre-employment correspondence shall
be excluded from such review. Said review shall be in the District office
and under the supervision of the Superintendent or his/her designee.
- 16 -
ARTICLE XXIV
NEGOTIATIONS GROUND RULES
A) The dates and times for negotiating sessions will be set in advance by
mutual agreement.
B) Sessions will normally last no longer than two (2) hours, but may be
extended by mutual consent.
C) The parties shall exchange proposals for a successor agreement at the first
scheduled session. Once the exchange has been made no further
proposals will be introduced by either party except by mutual consent. The
initial exchange of proposals will be made between the Superintendent and
the Association President and/or their designees.
D) Each proposal shall be discussed on an individual basis, but there shall be
no requirement as to agreement on one item before moving to the next.
E) As items are agreed to, they will be initialed by the spokesman for each
group.
F} There shall be no press releases by either side unless by mutual agreement
until a Fact Finder's recommendcltion is made public. At the point of
impasse, the Superintendent and the Association President shall issue a
press release announcing the fact that an impasse has been declared.
(~3)Each side will be permitted a maximum of five (5) persons to be present at
negotiating sessions.
ARTICLE XXV
SICK BANK
A Sick Bank, established 1 July 1981, shall be administered by the District
according to the following guidelines and shall be available to unit employees
whose accumulated sick leave has been exhausted.
. ..
A) The sick Leave Bank shall consist of the contribution of two (2) days of
accumulated sick leave from each participating unit employee. Those who
choose not to participate may not join the bank for one (1) year
thereafter.
B) The maximum number of days in the bank shall not exceed four (4) days times
the number of unit Employees.
C) The bank may only be replenished when the days remaining in the bank
reaches fifteen (15) or less, by the contribution of two (2) additional
days per member.
))) First (1st) year employees are excluded from participation in the bank.
They may elect to join the bank at the beginning of their second (2nd) year
of employment by contributing two (2) days of accumulated sick leave.
E) Only participating eligible employees may draw on the bank.
F) An employee must first exhaust all of his/her paid leave options
(sick, vacation, etc.)
- 17 -
Article XXV (con't.)
G) The school distric:t may require medical documentation of any claim to the
bank at any time.
H) An employee on workmen's compensation shall not be permitted to draw on the
bank.
I) The purpose of the bank is to provide for lengthy periods of illness,
pregnancy-related disability, and non-work related 'injury.
J) Eligible employees may draw on the bank based on the following guidelines:
1. One (1) day for each year of full time continuous employment with the
Fayetteville-Manlius District; plus
2. One (I) day for each two (2) days of accumulated sick leave as of the
beginning of the school year in which the consecutive absence
due to illness began.
3. The number of ,days shall be limited to the number of days arrived at by
combining J. 1 and J. 2. -
K) Should a member c,ease to contribute to the Sick Bank after having made a
contribution to it previously, (s)he may draw from the bank only those days
which (s)he personally contributed.
L) In the event that, a new eligible member:wishes to join the sick Bank and
the number of day's in the Bank is at its maximum, the new member will be
allowed to join by having his/her contr~bution of days replace those of the
member who has resigned or retired. If the new employee is actually an
addition to the e:taff, then the maximum number of days allowed would
automatically inc:rease in number to allow his/her participation.
ARTICLE XXVI
STUDY COMMITTEE.
The District and ,the Association shall create a committee composed- equally of
District and Association members to study and make recommendations to the
Superintendent on the placement on the salary/rate schedule of new positions
within this unit, and regarding the abolition of new positions within this unit
as soon as reasonably possible. If new titles are to be added, they shall be
placed within the salary/rate schedule in accordance with Onondaga County Civil
Service Grade Classij: ication.
ARTICLE XXVII
EXTERNAL RESPONSIBILITIES
The School District shall assume any legal responsibility which might be
incurred as a result of the,first aid given by any employee in this
Association, providing said Employee has used, in the District's opinion, sound
and reasonable judgment in rendering said aid.
.- 18 -
ARTICLE XXVIII
TERM OF AGREEMENT
This Agreement shall take effect 1 July.2002 and continue in full force and
effect through 30 June 2005 and shall continue in full force thereafter unless
either party by written notice to the other shall elect to reopen the agreement
to negotiations. Said notice must be given no later than 31 December 2004.
Shall neither party elect to. give due notice, the agreement shall continue in
full force and effect for one additional year.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, hereby
set their hands and seals this day of May 2002.
Witness: FAYETTEVILLE-MANLIUS SCHOOL DISTRICT
&~)~
By:
~~~~ ~~
e intendent of Schools
FAYETTEVILLE-MANLIUS SCHOOL DISTRICT
Witness:
OFFICE PERSONNEL ASSOCIATION
~
w~ ~AVL- By: ~~~-{/J~id:!:,I07-
- 19 -
SCHEDULE A
2002-03 STARTING S~Y/RATE SCHEDULE
PROBATIONARY PERMANENT
MONTHS SALARY RATE SALARY RATE
Typist I 12 $21,219.60 $10.98 $22,111.40 $11.44
Clerk I 11 19,484.02 10.98 20,296.93 11.44
10 17,823.90 10.98 18,561.35 11.44
Acct. Clerk/Typist I
Acct. Clerk I 12 $22,475.40 $11.63 $23,349.00 $12.08
11 20,628.73 11.63 21,425.05 12.08
10 18,862.35 11.63 19,584.75 12.08
Typist II 12 $24,295.40 $12.56 $25,205.40 $13.03
Clerk II 11 22,287.73 12.56 23,117.23 13.03
10 20.367.35 12.56 21,119.85 13.03
Acct. Clerk II 12 $26,097.20 $13.49 $27,007.20 $13.96
11 23,930.14 13.49 24,759.64 13.96
10 21,857.30 13.49 22,609.80 13.96
New employees are to be placed at the prob.~tionary rate. of the rate/salary
schedule. After the completion of the twenty-six (26) week probationary
period the employee is placed at the permanent rate of the rate/salary
schedule.
A Longevity Stipend ()f $50.00 for each completed year of service in the School
Office Personnel Ass()ciation and, when applicable, Teacher Aide and Teaching
Assistant Association, commencing upon completion of the fifth year of employment,
will be payable annually.
- 20 -
SCHEDULE B
2002-03 S~Y/RATE SCHEDULE
PERMANENT
.
MONTHS SALARY RATE
Typist I 12 $23,676.60 $12.25
11 21,723.67 12.25
10 19,855.60 12.25
Acct. Clerk/Typist I
Acct. Clerk I 12 $25,041.60 $12.95
11 22,967.92 12.95
. 10 20,984.40 12.95
Typist II 12 $27,007.20 $13.96
Clerk II 11 24,759.64 13.96
10 22,609.80 13.96
Acct. Clerk II 12 $28;'936.40 $14.95
11 26,518.18 14.95
10 24(205.10 14.95
A Longevity Stipend of $50.00 for each completed year of service in the School
Office Personnel Association and, when applicahle, Teacher Aide and Teaching
Assistant Association~ commencing upon completion of the fifth year of employment,
will be payable annually.
- 21 -
SCHEDULE A
2003-04 STARTING SALARY/RATE SCHEDULE
PROBATIONARY PERMANENT
MONTHS SALARY RATE SALARY RATE
Typist I 12 $22,072.48 $ 11.36 $23,005.12 $11.84
Clerk I 11 20,323.04 11.36 21,181.76 11.84
10 18,573.60 11.36 19,358.40 11.84
Acct. Clerk/Typist I
Acct. Clerk I 12 $23,393.72 $12.04 $24,287.50 $12.50
11 21,539.56 12.04 22,362.50 12.50
10 19,685.40 12.04 20,437.50 12.50
Typist II 12 $25;259.00 $13.00 $26,211.07 $13.49
Clerk II 11 23,257.00 13.00 24,133.61 13.49
10 21,255.00 13.00 22,056.15 13.49
Acct. Clerk II 12 $27,124.28 $13.96 $28,076.35 $14.45
11 24,974.44 .13 . 96 25,851.05 14.45
10 22,824.60 13 .96 23,625.75 14.45
New employees are to be placed at the probationary rate of the rate/salary
schedule. After the completion of the twenty-six (26) week probationary
period the employee is placed at the permanent rate of the rate/salary
....
.
schedule.
A Longevity Stipend of $50.00 for each completed year of service in the School
Office Personnel Assc)ciation and, when applicable, Teacher Aide and Teaching
Assistant Association, commencing upon completion of the fifth year of employment,
will be payable annually.
- 22 -
SCHEDULE B
2003-04 S~Y/RATE SCHEDULE
PERMANENT
MONTHS SALARY RATE
$12.68
Typist I 12 $24,637.24
Clerk I 11 . 22,684.52 12.68
10 20,731.80 12.68
Acct. Clerk I
Acct. Clerk/Typist I
Acct. Clerk I 12 $26,036.20
$13.40
11 23,972.60 13.40
10 21,909.,00 13.40
Typist II 12 $28,076.35
$14.45
11 25,851.05 14.45Clerk II
10 23,625.75 14.45
12 $ 3 0 ;- 0 5 8 . 2 1 $15.47Acct. Clerk II
11 27,675.83 15.47
10 25,293.45 15.47
A Longevity Stipend of $50.00 for each completed year of service in the School
Office Personnel Association and, when applica~le, Teacher Aide and Teaching
Assistant Association, commencing upon completion of the fifth year of employment,
will be payable annually.
- 23 -
SCHEDULE A
2004-05 STARTING SALARY/RATE SCHEDULE
PROBATIONARY PERMANENT
MONTHS SALARY RATE SALARY RATE
Typist I 12 $22,761.48 $11.76 $23,709.88 $12.25
Clerk I 11 20,950.44 11.76 21,823.38 12.25
10 19,139.40 11.76 19,936.88 12.25
Acct. Clerk/Typist I
Acct. Clerk I 12 $24,116.33 $12.46 $25,045.37 $12.94
11 22,197.49 12.46 2 3 , 05 2 . 6.1. 12.94
10 20,278.65 12.46 21,059.85 12.94
Typist II 12 $13.96$ 2 6:, 0 5 1 . 8 3 $13.46 $27,019.58
Clerk II 11 23,978.99 13.46 24,869.74 13.96
10 21,906.15 13.46 22,719.90 13.96
Acct. Clerk II 12 $27,967.98 $14.45 $28,955.08 $14.96
11 25,742.68 .14.45 26,651.24 14.96
10 23,517.38 14.45 24,347.40 14.96
New employees are to be placed at the probationary rate of the rate/salary
schedule. After the completion of the twenty-six (26) week probationary
period the employee is placed at the perma.n.e.n-t rate of the rate/salary
schedule.
A Longevity Stipend ,of $50.00 for each completed year of service in the School
Office Personnel Association and, when applicable, Teacher Aide and Teaching
Assistant Associat10n, commencing upon completion of the fifth year of employment,
will be payable annually.
- 24 -
SCHEDULE B
2004-05 S~Y/RATE SCHEDULE
PERMANENT
MONTHS SALARY RATE
Typist I 12 $25,393.76 $13.12
Clerk I 11 23,373.28 13.12
10 21,352.80 13.12
Acct. Clerk/Typist I
Acct. Clerk I 12 $26,845.39 $13.87
11 24,709.41 13.87
. 10 22,573.,43 13.87
Typist II 12 $28,955.08 $14.96
Clerk II 11 26,651.24 14.96
10 24,347.40 14.96
$16.01
Acct. Clerk II 12 $30,987.36
11 28,521.82 16.01
10 26,056.28 16.01
A Longevity Stipend of $50.00 for each co~p~eted year o~ service in the School
Office Personnel Association and, when applicable, Teacher Aide and Teaching
Assistant Association, commencing upon completion of the fifth year of employment,
'will be payable annually.
- 25 -
SCHEDULE C
2002-04 SALARY/RATE SCHEDULE FOR SUBSTITUTES
TITLE RATE
Typist I $ 9.08
Clerk I 9.08
Acct. Clerk I 9.66
Acct. Clerk/Typist I 9.66
Typist II $ 10.50
Clerk II $ 10.50
Acct. Clerk II 11.33
SCHEDULE C
2004-05 SALARY/RATE SCHEDULE FOR SUBSTITUTES
TITLE RATE
All Titles $ 10.50
- 26 -
Attachment liB"
EMPLOYER'S GUIDE Employee's Retirement System
policemen's and Firemen's Retirement System
Albany, New York 12244
ESTIMATED RATE
2 . Guaranteed minimum death benefit of three times 0.4%
annual rate of pay (rounded to next higher Contributory
multiple of $1,000) but limited to $20,000 Plan
(Section 60-b)
This guaranteed minimum death benefit is
applicable to members who die while in
service, last joined or rejoined a public
retirement system before 1 July 1973, last 0.1%
reentered the employ of a participating Non-contributory
employer prior to 1 April 1980 and were Plans
in such employment on 31 March 1979,
were under age 60 when they_began that
employment, had at least 90 days of
continuous service within the 1.5months
preceding death, and whose death occurred
prior to 1 July 1981.
In addition to the requirements for members
who die while in service, certain additional
requirements must be met by a member not
receiving salary on the date of death.. Such a
member must have had credit for at least one
year of continuous service immediately before
leaving employment, been employed within the
twelve months preceding death and not been
otherwise gainfully employed.
. . .
'
This death benefit is paid in place o~ the
regular ordinary death benefit unless the
regular benefit is greater. (In the event of
accidental death, the accidental death benefit
is payable.)
OPTIONAL COVERAGE
0.2%
1. Application of unused sick leave as additional
service credit upon Retirement Section 41-j)
This applies if the earning and accumulation of
sick leave were (prior to the member's retirement)
authorized by law, rule, regulation, written order
or written policy. Allowable unused sick leave
credit is limited to 165 days and is applied as
additional service on a calendar day basis.
This time cannot be used to qualify a member
for a benefit.
- 27 -
APPENDIX I. (1)
NOTIFICATION OF ELECTION AS TO ,PARENTAL AND/OR MATERNITY LEAVE
.DATE (three [3] months
previous to date leave will
commence)
TO: Superintendent of Schools
Fayetteville-Manlius School District
You are hereby no:tified in accordance with Article IV, section B.2 that
the undersigned elects to take the leave(s) designated below.
1. Parental Leave of Absence without pay (B.2.a)
According to my current best ~stimate, the parental
leave of absence shall commence
20 , and shall terminate
20 , (in accordance with the
applicable provisions of Article IV, B.3).
2. Sick Leave during pregnancy-related disability (B.2.b).
Note: Physicia.n must complete Appendix I. (2) pre-delivery (in conjunction
with this form), and (3) post-delivery.
Employee's Signature
- 28 -
APPENDIX I. (2)
Sick Leave During Pregnancy-Related Disability
I have examined on
It is my professional medical opinion that, as of
she will be physically unable to perform the duties of her position.
At this time it is my best estimate that this disability will cease on
DJ\TED:
Physician's Signature
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - -
APPENDIX I. (3)
six Weeks After Delivery
on
I have examined
It is my professional medical opinion that her pregnancy-related disability
and that she will be able to return to
will cease on
full-time working after that date.
DATED:
Physician's Signature