NYS PERB Contract Collection – Metadata Header This contract is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial educational use only. Some variations from the original paper document may have occurred during the digitization process, and some appendices or tables may be absent. Subsequent changes, revisions, and corrections may apply to this document. For more information about the PERB Contract Collection, see http://digitalcommons.ilr.cornell.edu/perbcontracts/ Or contact us: Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853 607-254-5370 ilrref@cornell.edu Contract Database Metadata Elements Title: Mahopac Central School District and United School Workers of Mahopac, NYSUT/AFT, AFL-CIO, Local 3995 (2001) Employer Name: Mahopac Central School District Union: United School Workers of Mahopac, NYSUT/AFT, AFL-CIO Local: 3995 Effective Date: 07/01/01 Expiration Date: 06/30/06 PERB ID Number: 5524 Unit Size: 159 Number of Pages: 60 For additional research information and assistance, please visit the Research page of the Catherwood website - http://www.ilr.cornell.edu/library/research/ For additional information on the ILR School - http://www.ilr.cornell.edu/ AGREEMENT BETWEEN THE MAHOPAC CENTRAL SCHOOL DISTRICT MAHOPAC, NEW YORK AND THE UNITED SCHOOL WORKERS OF MAHOPAC LOCAL #3995, NYSUTIAFT, AFL-CIO JULY 1,2001 TO JUNE 30,2006 REVISED I R E C E I V E D w!3 PUBLIC EMPLOYMENT RELATIONS BOARD lMAHOPAC CSD EMPLOYEE LISTING BY EMPLOYEE TYPE Displaying Primary Values BMON - BUS MONITORS I 2353 ATTANASIO, ANTONIETTA ACT BMON BG 3284 B tKL, SANDRA t AC; r BMON B t i cN/A> 3521 CANTAMESSA, NANCY A ACT BMON BG 1 3523 CARIDDO, RENEE ACT BMON BG 4179 COPPOLA, NANCIANNE ACT BMON BG Vl NAKUI, I m r A ACT BMUN Bt i 1228 DIMARINO, GIOVANNA ACT BMON BG I 4313 GIACOMINI, CARMELA ACT BMON BG BUS G 4366 GLAZER. STEPHEN M ACT BMON BG BUS G K K IX~CH MAK, IDA A AC I BMUN BG 2322 MEZZETA, ANNA R ACT BMON BG I 3352 PELLEGRINO, MARIA ACT BMON BG-2 4403 PERRY, ORA 0 ACT BMON BG BUS G 1693 5 2408 ZERILLO, CHRISTINE R ACT BMON BG TOTAL NUMBER OF EMPLOYEES: 15 CLEAN - CLEANERS 1590 MRSICH. TERESA A ACT CLEAN MS I TOTAL NUMBER OF EMPLOYEES: 1 CUST - CUSTODIAL I 2603 ANDREN, ROBERT L ACT CUST FR I 1066 BLENIS, ERNEST S ACT CUST LV-2 1067 BLENIS, FRANKLIN ACT CUST FR , BtKNAKlJ SK. AG I GUS I AK 1226 DILLON, MICHELLE R ACT CUST FR I 2427 DYCKMAN, CHARLES F ACT CUST HS 1900 FORD, DARLENE M ACT CUST HS 1334 t i ~ t mU,U ANt J AC; I GUS I LV-Z 1899 HEHL DENNIS F ACT CUST HS 1 1405 KASPER, EDWARD R ACT CUST HS 1406 KASPER, WENDY ACT CUST AR CUST LA UUCA, LISA A p p < > 2863 LO PRIORE, MICHAEL ACT CUST HS 3423 MASSAFRA, ANTHONY ACT CUST MS 2821 MCGRATH, CHARLES ACT CUST MS MI l t S S t K , PAUL AC; I CUS l MS cN/A> 4148 NAPOLITANO, LUKE M ACT CUST HS 1952 OAKLEY, SPENCER S ACT CUST FALLS 2361 PIEHLER, EDWARD D ACT CUST HS 1683 KUUAK JK, JOHN H AC I 3424 SCHWEIZER, HANS L ACT 1770 SPRANCE, TIMOTHY P ACT CUST LV-2 2150 SUOZZO, ANDREW ACT CUST HS 4231 I A N ~ ~ 1839 WALLIS, WILLIAM K ACT CUST AR I 2798 WELLINGTON, CHRISTOPHER ACT CUST LV-2 2268 WELLINGTON, MONICA M ACT CUST MS 2460 WOJNAK, RI- I AC; I CUST MS I TOTAL NUMBER OF EMPLOYEES: 28 HRLIO - HRLlO 7 0 0 ~ 4067 ADDATO, MATHEW M ACT HRLlO BG lMAHOPAC CSD EMPLOYEE LISTING BY EMPLOYEE TYPE Displaying Primary Values EMP# EMPLOYEE NAME STAT TYPE BLDG DEPT I 429.1 AGOVINO, GlUSEPPlNA ACT HRLIO BG 2285 ALIX, DAVID M ACT HRLIO BG 1931 ANDERSON, LAWRENCE E ACT HRLIO BG 3604 AKtilLA, MAKIA M ACT HKLIO BG I KANS 4327 ARGO, THOMAS P ACT HRL10 BG TRANS 4290 ARMISTEAD, MICHAEL W ACT HRLIO HS 3770 ARNOLD, SUSAN J ACT HRLIO BG TRANS 2123 AVI IABILt, KAl H t K I N t AC I HKLl U B t i 3256 BALLY. ROBERT ACT HRLIO BG BUS G 2805 BERUBE. TRACY ACT HRLIO BG 4314 BETHAM, COLIN R ACT HRLIO MAIL TRANS 3 3 6 9 B O b t K t K , t ~ t p AC I HKLIO B t i l KANS 1905 BURKE. SUSAN ACT HRLIO BG 1 1094 BUTLER, FRANCES M ACT HRLIO BG 2533 CAFARO, JOAN E ACT HRLIO BG L9fU CANtDU, B t l H AC1 HKLIO B t i 1 KANS 2300 CAUGHEY. PAMELA J ACT HRL10 BG 1 I 1969 CICHOCKI, JOHN J ACT HRLIO BG 3961 COLAVITO. KIMBERLY A ACT HRLIO BG 1155 m t s ,m m 3620 DAGNONE, DANIELLE C. ACT HRL10 BG 4417 DATINO, LAURA J ACT HRLIO BG TRANS 3474 DELENA, DIANE J ACT HRLIO BG TRANS Dl SCALA, JU ANN AC I HKLl U B t i l KANS I 3732 DONNELLY, CATHERINE ACT HRLIO BG 2321 DONOHUE, THOMAS J ACT HRLIO BG 2284 FERRIERI, SUEANN ACT HRL10 BG 8 tL t lSSNtK, B K-I ACT HKLIO BG I 4326 FLUGRATH, CHRISTINE J ACT HRL10 BG TRANS 3516 FRANK, CHRISTIAN C ACT HRLIO BG 3606 GARZILLO, PHILLIP T. ACT HRLIO BG 41 21 GONLALtL, LUlSA M AC I I 1liL1U BG 1 2030 GRANEY, KERRY L ACT HRL10 BG 2295 GRANNIS, DAVID M ACT HRLIO BG 2527 HARTMANN, BRENDA ACT HRLIO BG HAVILAND, ANN C AC I HKLIO BG I 2538 HOWARD, HAROLD P ACT HRL10 BG 2365 HYATT, NANCY E ACT HRLIO BG 3255 JONES, KENNETH ACT HRLIO BG -2308 KtNNtUY, YULANDA ti AC I HKLIO B t i I 1492 LOFARO, GRACE J ACT HRLIO BG TRANS I 2807 LUCIA, DOLORES ACT HRLIO BG 3733 MACCHIA, EUGENE C. ACT HRL10 BG MALIGHtK, IKlNA N AC I HKLI0 B t i l KANS I 1982 MEANEY, TAM1 C ACT HRLIO BG 1815 MEIER, SHARON R ACT HRL10 BG 1558 MELITO, CORINNE ACT HRL10 BG 6 M t ~ mDU,NN A J AC; I HKLl U B t i I 2562 MOGLIA, ADA ACT HRLIO BG I 1595 MURRY. LINDA M ACT HRLIO BG 3518 NAPPI, ANTHONY M ACT HRLIO BG UJtDA, KI I A M AC I HKLlIJ B t i 3819 OWSIANY. WILLIAM M. ACT HRL10 BG 2314 PALIANI, ALVIN T ACT HRL10 BG 2279 PASCENTE, ANA C ACT HRLIO BG TRANS 39 ( 8 PA I I ~ ~ ~ W X T K ~ K I N ~ ACT HKLlO B t i l KANS 3593 PERILLO, ROBERT J. ACT HRLIO BG TRANS 1 lMAHOPAC CSD EMPLOYEE LISTING BY EMPLOYXE TYPE Displaying Primary Values TRANS 1 4287 REED, ROBERT W ACT HRLlO BG 1930 RINI, MICHAEL J ACT HRLlO BG TRANS 4161 KUBtL, t i U b m t M AC I HKLlU B t i I 4201 RUBINO, CHERIE ACT HRLl0 BG 2283 ST CYR, CYRIL K ACT HRLlO BG 4288 STELLA, DIANE ACT HRLlO BG 3/34 S W t t I , K A l H L t t N M AC; I HKLIO BG ~NIA> 41 82 THOMAS. RICHARD F ACT HRLlO BG 1 2046 TUCKER, MARION ACT HRLlO BG 3610 WALPOLE. GINA M. ACT HRLlO B G TRANS 18lU V\ITSUTSKY, AKIHUK AC; I HKLlU mi l KANS 3788 ZAMPARELLI. LAURA A. ACT HRLlO BG TRANS 1 TOTAL NUMBER OF EMPLOYEES: MAINT - MAINTENANCE 111 5 CARLINO, ANTONIO J ACT MAlNT MAlNT 1 120 CASEY, JOHN D ACT MAlNT LV-2 1170 COVELL JR, JOHN ACT MAlNT LV-2 1289 FORKELL, ALBERT A ACT MAlNT MAlNT 2400 FRANZE, THOMAS W ACT MAlNT MAINT 1348 HANNER, LOUIS J ACT MAlNT MAlNT 145/ LAGAN, JAMtS L AC; I MAIN I MAIN I 1777 STERN, RICHARD J ACT MAlNT LV-2 1821 TYTLAR, JOHN H ACT MAlNT LV-2 1865 WILSON, JOHN S ACT MAINT MAlNT TOTAL NUMBER OF EMPLOYEES: 1056 BENTON, JAMES W ACT TRN12 BG-2 I 1058 BERG, JEAN E ACT TRN 12 BG 1112 CARIDD0,DAVlDJ ACT TRN12 BG 1121 C A S S I 1159 COLUCCIA, VERONICA M ACT TRNl2 BG 1163 CORSINO LISI, MARGARET M ACT TRN12 BG 11 94 DAVEY, EDWARD P ACT TRN12 BG-2 119 8 UALI, HAH 1220 Dl NARDI, MARIA D ACT TRN12 BG 1221 Dl ORIO, CATHRYN T ACT TRN12 BG 1252 ERMO, GERALDINE ACT TRNl2 BG AC I l KNlZ B t i 131 1 GEORGE, MARK A ACT TRN12 BG 1384 HORR, WILLIAM F ACT TRN12 BG-2 1504 LUTZ, BRUCE J ACT TRN 12 BG TRANS 153b MAS^^. MILANA A AC; I l KNlZ B t i I 1577 MORELLI, COLLEEN M ACT TRN12 BG I 4033 NASTRI, SALVATORE ACT TRNl2 BG-2 1610 ORLANDO, MARY A ACT TRN 12 BG 1892 HI- tK. LAUKA A AC; I I KNIZ B t i 1486 PIQUERAS, JEANNElTE ACT TRN12 BG TRANS 1650 PRAINO. LOUISE T ACT TRN12 BG 2378 PURDY, SHANE K ACT TRNl2 BG-2 1/34 SC;ULPINI, - N N ~ AC; I l KNlZ BG 1741 SHEA, ELOISE C ACT TRNl2 BG lMAHOPAC CSD EMPLOYEE LISTING BY EMPLOYEE T W E Di~playingP rimary Values DEPT 1669 SICLARI, LISA A ACT TRN12 BG 1751 SICLARI. WILLIAM J ACT TRNl2 BG-2 1816 TROOST, STEPHEN P ACT TRN12 BG V t I m,M IGHtLLt L AC 1 l KNlZ Bti 1869 WINESKI JR, JOHN A ACT TRN 12 BG TOTAL NUMBER OF EMPLOYEES: 31 GRAND TOTAL: 159 Report Completed 2:17 PM 1 Table of Contents A . Preamble ........................................................................................................................ 1 . . B . Article I - Recogn~t~.o..n... ........................................................................................... 1 C . Article I1 - Dues Deductions and Agency Fee .......................................................... 1-3 D . Article I11 - Fair Practices ..............................................................................................3 E . Article IV - Working Conditions ............................................................................ 3-13 F . Article V - Vacations ............................................................................................. 13- 15 G . Article VI - Leaves of Absence ............................................................................. 15-2 1 H . Article VII - Holidays .......................................................................................**......2..2 I . Article VIII - Snow and Ice Days .......................................................................... 22-23 J . Article IX - Seniority, Transfers, Promotions and Layoffs ................................... 23-26 K . Article X - Disciplinary Procedure .....................................................................2..6. -3 1 L . Article XI - Welfare .............................................................................................3. 1-34 M . Article XI1 - Compensation ................................................................................... 34-36 N . Article XI11 - Grievance Procedure ....................................................................... 36-38 0 . Article XIV - Union Rights ................................................................................... 39-40 P . Article XV - Legislative Action .................................................................................. 41 Q . Article XVI - Bus Rental ............................................................................................. 41 R . Article XVII - Summer Bus Runs ...............................................................................4 1 S . Article XVIII - Bus Aides ..................................................................................... 4 1-42 T . Article XIX - Drug Testing ....................................................................................4..2.. . U . Article XX - Duration of Agreement and Reopening ...............................................4..3 V . Appendix A - Salaries ...............................................................................................4..5 W . Appendix B - Mahopac Alcohol and Drug Testing Procedures ............................ 46-48 PREAMBLE This is an agreement between the Mahopac Central School District, Mahopac, New York (hereinafter "District") and the United School Workers of Mahopac (hereinafter "Union") concerning the wages, terms and conditions of employment of the members of the unit as defined in Article I. - ARTICLE I - RECOGNITION The District has recognized the Union as the exclusive collective bargaining agent for the employees of the District in the negotiating unit defined as: All full and part-time Cleaners, Audio-visual Technician, Groundskeepers, Custodians, Parking Lot AttendantslCleaners, Bus Drivers, Assistant Bus DriverlSchool Bus Aides (hereinafter "Bus Aides"), Mechanics, Carriers and Printers, DriverIMaintenance Helper with the exception of Head of Transportation, Head Bus Driver, Maintenance Foremen, Buildings and Grounds Supervisor, Food Service Director, Head Custodians, Mechanic Foremen, Working Foremen, Assistant to Transportation Supervisor. The Union agrees that it shall not strike against the District, assist or participate in any strike, or impose an obligation upon any of its membership to conduct, assist, or participate in a strike. ARTICLE I1 - DUES DEDUCTIONS AND AGENCY FEE A. Dues Check-Off The District shall deduct from the salaries of the employees employed in the u nit de fi n in the recognition clause, dues for the Union provided the said employees individually and voluntarily authorize the District to so deduct and to transmit the money promptly to the Treasurer of the Union. 1 Dues deductions authorization shall remain in full force and effect until canceled in writing by the employee who has submitted the authorization. Authorizations for payroll deductions shall be submitted on forms supplied by or approved by the District business office containing the following information: The name of the individual authorizing the deduction; the signature of the person authorizing the deduction; the date upon which the authorization was signed; the name of the employee organization for which dues are to be deducted and a statement of authorization worded substantially as follows: "I hereby authorize the Mahopac Central School District to deduct my dues monies to the United School Workers of Mahopac. I understand that this authorization continues in full force and effect until revoked by me in writing." The Union shall notify the District certifying the names and amounts to be deducted no later than October 1 and March Io f each contract year. Dues deductions shall be made twice per month starting with the first pay period in July of each year. All dues collected shall be remitted to the Treasurer of the Union in monthly payments within ten days after the last day of the month for which deductions have been made. The said Treasurer shall submit to the District monthly receipts for said payments. B. Agency Fee The District shall deduct from the wages or salary of employees in the bargaining unit who have not signed payroll deduction authorizations an agency fee equivalent to the dues levied by the Union and shall transmit the sum so deducted to the Union in accordance with the dues deduction procedure set forth above. The Union affirms that it has adopted such procedure for refund of agency fee as required by law. C. Union Responsibilitv The District shall not be responsible for the collection of dues other than as provided in this Article. The Union shall indemnify the District and save it harmless from any claim or liability arising from its deduction from paychecks and transmittal to the Union of dues or agency fee. This clause shall not apply if the District makes an error in the calculation, deduction, or transmittal to the Union of said Union Dues or Agency Fees. ARTICLE 111 - FAIR PRACTICES The Union shall represent the unit and shall continue to admit persons to membership without discrimination on the basis of race, creed, color, national origin, age, sex or marital status, and represent equally all members of the unit without regard to membership or participation in or association with the activities of any employee organization. The District and its administrative personnel agree to continue the policy of non- discrimination against any member of the unit on the basis of race, creed, color, national origin, age, sex, marital status or membership or participation in or association with or the lack of membership participation in or association with the activities of any employee organization. ARTICLE IV - WORKING CONDITIONS A. Work Day 1. When School is in Session a. The normal workday of all employees when school is in session shall consist of an eight-hour working day, exclusive of lunch. b. The normal workday will include a 20-minute break prior to lunch. c. Lunch Hour (1) Lunch (during school days) is one hour daily for at1 personnel assigned to driving. 3 (2) Lunch period is one-half hour daily for all personnel who are not assigned to driving duties. (3) Employees shall have the right to leave their assigned buildings during lunch times with the approval of their immediate supervisor. d. When inclement weather requires early school closings and therefore the students must be driven home early, bus drivers will not be expected to return and perform the rest of their day's work if there is less than two hours work time remaining within their shift Similarly, cleaners, audio-visual technician, custodians, printer and mechanics may leave early with the approval of the immediate supervisor after removal of trash and securing of the facility. e. Except in emergencies, all members (excluding full and part-time drivers) will be notified, at least 2 days in advance, of a change of hours andlor shifts. 2. Seasonal Positions One ( I ) non-unit seasonal employee (Seasonal Grounds Aide) may be employed from September I to November 30 and from April 1 to May 30. The Grounds Aide employee shall only work on weekdays when school is in session and shall begin work at 6:00 a.m. and work no longer than 6 hours. Snow removal duty shall not be assigned to such employee. A job description for the Seasonal Grounds Aide shall be jointly developed by the parties. 3. When School is Not in Session a. The normal workday when school is not in session shall consist of a seven- hour working day, exchsive of lunch, for all employees. b. The day shift definition shall consist of regularly assigned hours between 6:00 a.m. and 6:00 p.m. c. On days when school is not in session, second andfor third shift personnel may be assigned to later day shift hours as needed. There shall be no rotation of shifts unless second and third shift personnel are unavailable. 4. Clean-Up Time Mechanics shall be granted 15 minutes daily before the end of the shift for personal hygiene. B. Overtime, Differentials and Reimbursements 1. A. Overtime a. When school is not in session, the 35 hours week shall continue. However, overtime compensation shall be paid at the rate of time and one-half beyond 40 hours. In the event that an employee works more than the ordinary seven- hour workday exclusive of lunch on a day when school is not in session, he or she shall be entitled to overtime compensation for the amount of time worked on that day in excess of eight hours. b. If an employee is required to work on a Saturday, he or she shall be paid at the rate of one and one-half times his or her normal workday hourly rate for said Saturday work. c. If an employee is required to work on a Sunday, he or she shall be paid at the rate of two times his or her normal workday hourly rate for said Sunday work. d. If an employee is required to work on a contractual holiday, he or she shall be paid at the rate of two times his or her normal workday hourly rate for said holiday work exclusive of contracted holiday pay. e. No part-time employee shall be granted overtime unless no full-time employee is available following four hours advance notice, except in emergencies. Reasonable notice shalt be construed to be at least a telephone call to the Transportation Supervisor by the Head Custodian to locate a full-time employee willing to work the overtime assignment. 5 f. A minimum of four hours shall be paid for specially scheduled overtime that is not an extension of the normal workday. However, provisions of this section shall not apply to an uninterrupted tour of duty. g. The number of overtime hours worked and the applicable rate will be specified with each paycheck. h. The current practice of an employee receiving a copy of hislher weekly time card with each paycheck shall continue. i. All such work shall be assigned according to seniority within the job title on a rotating basis. 1. B. Driving Overtime: a. In assigning overtime for bus runs, preference shall be given to full-time qualified bus drivers, in the judgment of the Transportation Supervisor. Overtime assignments shall then be offered to part-time drivers in accordance with seniority. Following that, overtime assignments shall then be offered to other members of the unit in accordance with seniority. It is expressly understood that the Transportation Supervisor shall retain the authority to assign runs to individuals on a bona fide emergency basis or when particular qualifications for such assignments are required by law, regulation or District policy. In such instances, however, the driver@) so assigned shall be subject to the equalization rule set forth under (d.) below. b. The District maintains the right to hire per diem substitute drivers to cover short term absences of regular drivers. Substitute drivers shall be assigned no more than three A.M. and three P.M. runs. Per diem substitute drivers shall be paid at a rate to be determined by the District and shall not be eligible for benefits. c. A bi-weeklv schedule of all overtime work, excluding snow plowing along with a roster of personnel listed according to seniority shall be posted in an area easily accessible to all employees. All such work shall be assigned according to seniority within the job title on a rotating basis. Only those drivers who sign up will be assigned to overtime for the bi-weekly period. Overtime available after the assignment of the bi-weekly schedule will be assigned on a seniority basis from all remaining drivers not assigned. The District and the Union agree that it shall be the prime responsibility of the Transportation Supervisor or his designee to equalize driver employee hours of overtime to the extent it is possible to do so. Individuals refusing overtime or runs may not at some later date ask that "lost" time be made up. Seniority shall generally prevail in the assignment of all non-regular bus runs. However, a driver or drivers having accumulated a disproportionate amount of overtime or work hours may be skipped on the rotating seniority lists for the sole purpose of equalizing hours of work. Should any driver dispute the assignment of any overtime as operationalized in this article, such driver may appeal to a committee, which shall include the following: Two designees appointed by the Superintendent of Schools. Two designees appointed by the President of USWOM. The decision of the committee on any appeal shall be final and binding on all parties and there shall be no access to the grievance procedure. The above shall constitute the sole means of redress of a driver complaint regarding any overtime assignment as defined in this article. The power of the committee to remedy a driver complaint shall be to offer a driver additional runs or place said driver at the head of the rotating seniority list. The process outlined in B. l .B.c. will be reviewed by agreement with both parties by the Labor-Management Committee for the purpose of reviewing its effectiveness and suggesting alternatives as may be needed. The Union shall be provided a copy of the overtime for each month no later than the end of the - following month. 2. Differentials a. If an employee is required to work during the second shift, regularly assigned time between 6 p.m. and midnight, he or she shall be paid $1001 more per year than an employee on the first shift, regularly assigned time between 6 a.m. and 6 p.m. b. If an employee is required to work during the third shift, regularly assigned time between midnight and 6:00 a.m., he or she shall be paid $867 more per year than employees on the first shift, regularly assigned time between 6:00 a.m. and 6:00 p.m. 3. Flex Week A Tuesday through Saturday workweek (Flex Week) shall be established only for the classification of either groundsman, cleaner, or custodian. One 1) Flex Week position may be established after July 1, 2003 and one (1) additional position may be added after July 1, 2004. Current unit members may apply by seniority for the new Flex Week positions pursuant to Article IX, D. Should the Flex Week position be filled by a current unit member, that unit member's position shall be filled by the District. If there are not enough unit volunteers for the Flex Week position, the Flex Week schedule may be assigned to a unit member newly hired for the Flex Week. Employees who work the Flex Week schedule shall not be eligible for any driving duty. Unit members who work a Flex Week shall receive a $2500 annual stipend. In addition, Flex Week employees shall receive double time pay for work on Sunday and time and one-half pay for work on Monday. 4. Reimbursements a. With prior approval of the Superintendent or his designee, the District will reimburse employees, upon the passage of job-related courses and/or tests, for all registration and tuition costs. b. The District shalt reimburse members who suffer loss, damage or destruction of personal property up to a maximum of $300 per occurrence when such ' damage occurs on the premises of the school district and as a result of their duties, as provided: 1. The member suffers such loss without fault or negligence on his or her part, and 2. Reimbursement wilt be limited to the amount by which the damage exceeds insurance coverage maintained by the member when the loss is covered by an insurance company. 3. Proof of damage and the determination of the amount of damage will be in accordance with the standard insurance practices for settlement of such claims notwithstanding that no insurance may be in effect on the damaged property. c. Any employee who is required to work out of the District overnight, if the District does not provide lodging, shall be recompensed for his or her board and lodging in an amount equal to that of the passengers. d. Any employee required to work out of the District more than three consecutive hours, which includes the hours from 11:OO a.m. to 1:00 p.m. and/or 6:30 p.m. to 9:30 p.m., is entitled to meat money in advance ($5.00 for lunch and $12.00 for dinner). A breakfast allowance in the amount of $4.00 shall be provided employees following overnight trips. e. If any full-time employee is required to work during the meal hour, he or she wiH be paid for one hour at his or her time and one-half rate for each meal period missed in lieu of the meal allowance. 9 f. Parking fees and toll charges will be paid in advance when known. g. If an employee is required to use his or her own vehicle on school business as authorized by his or her supervisor, reimbursement will be made at the prevailing IRS rate. h. The District shall pay regular wages for the two (2) meetings held for orientation and training annually. C. Assiqnments 1. No part-time driver shall be assigned to a run beginning after 6:00 p.m. unless no full-time drivers are available. 2. All part-time drivers shall be assigned to hours by seniority based upon eligibility at the start of each school year. 3. The current procedure of assigning Kindergarten bus runs to full-time and part-time drivers shall continue. However, should no full-time and part-time drivers be available, per-diem drivers may be used. 4. Each full-time employee shall be assigned to an uninterrupted normal work day. 5. No employee shall be required by the District to work any tour of duty which requires him or her to work regularly on Sunday, without the employee's prior consent and approval. 6. No non-unit personnel shall be permitted to operate school-owned vehicles for the purpose of transporting students to or from school events. This provision does not apply to student suspensions or emergencies and it is in compliance with D.O.T. Article 19-A. 7. Two mechanics will be sent on all tow calls whenever two or more mechanics are available. If, in the judgment of the Transportation Supervisor or Working Foreman, the call is for service rather than towing, manning shaH be determined by the Transportation Supervisor or Working Foreman. However, if, in the judgment of the mechanic on the scene, the nature of service andlor conditions warrant, the 10 Transportation Supervisor or Working Foreman shall send a second mechanic to assist in the service call. Equipment, Lockers and Uniforms 1. Mechanics shall be allowed up to $500 per year for the supply or replacement of lost or worn tools or for the purchase of new, updated tools (e.g. metric tools) as approved by the Working Foreman before paid receipts are presented. The District will cover any loss of tools and toolboxes through break and entry. 2. Safety equipment shall be provided by the District where required by the Board of Education. 3. Each employee shall be provided with a locker for his or her own use. 4. a. The maintenance of work uniforms shall be provided by the District. The District shall provide foul weather gear and special work gear in each building for use by those employees assigned to outside or special duties necessitating such gear. b. The School District shall provide up to Five Thousand ($5,000.00) Dollars annually for work uniforms and safety shoes necessarily used or required to be used by mechanics, groundskeepers, carriers, parking lot attendants, cleaners, custodians, and printer. The District and the Union shall designate representatives to serve on a committee to administer these funds in a fair and efficient manner with the understanding that all uniforms and shoes shall continue to be purchased by the School District with the funding limitation set forth herein. Expenditures for foul weather gear and special safety gear shall not be included in this limitation. E. Leqal Services The District shall provide legal services and legal fees, for civil or criminal motion brought against an employee based upon action taken in the performance of his or her duty, subject to the provisions of New York State Education Law. F. Job Description A general description of duties shall be available for each employee. G. Work Rules 1. All "outside the District jobs" held by employees ("moonlighting") must be reported to the employee's supervisor and all such jobs shall not be permitted during the eight hours immediately preceding a school district assignment. 2. Receipt of traffic summons by an employee, while on a district assignment, shall be reported to his or her immediate supervisor within 24 hours. 3. All employees must give written notice to their supervisor of any medication prescribed by a physician that they are taking as treatment while on the job. Such medical information shall be kept in a locked confidential file. Any employee removed from the job by the employer as a result of such medical information shall have sick leave restored to him if helshe is later found to be able to have performed the duties of hisfher job while taking such medication. 4. An employee must report an on-the-job injury to his or her supervisor or the school nurse by the close of the next workday. 5. Employees absent in excess of four consecutive working days must provide certification from a medical doctor as to their ability to return to work and the medical basis for that absence. Failure to provide it shall result in no compensation for the dayfs) in question and may subject the employee to disciplinary action. It is understood and agreed that any member of the bargaining unit may be required to undertake a physical by the District's physician where a claim is made that the employee cannot assume full duties and/or requires accommodation. Further, it is understood and agreed that to the extent that any employee requires accommodation due to a disability the District may take whatever actions are necessary to meet such accommodation notwithstanding any other provisions of this agreement after consultation with the Union. H. Physical Examinations The District may require regular, periodic diagnostic medical examinations. The cost of the diagnostic examinations will be paid by the District. Any medical examinations 12 other than by a school physician at the District's request or treatment required to maintain eligibility to work shall be at the employee's expense. Such monitoring examinations may include, but are not limited to, blood pressure checks, electrocardiograms, eye examinations, hearing examinations and weight checks. ARTICLE V - VACATIONS A. Full-Time Emplovees Full-time employees shall receive vacation pay in accordance with the following schedules: 1. For employment of less than one year, vacation time will be earned at the rate of one day per month to a maximum of ten working days. 2. Two weeks vacation after one-year employment. 3. Three weeks vacation after four years employment. 4. Four weeks vacation after seven years employment. 5. Five weeks vacation after thirteen years employment. B. Part-Time Emplovees Part-time employees shall receive vacation pay in accordance with the following schedule: 1. Four hours vacation earned for each 80 hours worked through the first nine years of employment. 2. Four hours vacation earned for each 60 hours worked after the completion of nine years employment. C. Eliaibilitv Eligibility for vacation time is subject to the following conditions: The regular vacation time up to two weeks shall be available on July 1st. The longevity vacation earned shall be available on the anniversary date of current and continuing employment. Vacations are to be taken within two years following the calendar year in which they are earned and may be accumulated up to 25 days by agreement with the department head. In the event more than one employee requests the same vacation period and can reasonably be spared from his or her duties, such employees who can be reasonably spared shall be granted vacation on seniority in their job title and within their work location. Above is subject to management's needs. Payment to full and part-time employees for earned and unused vacation shall be made upon retirement or resignation with two weeks written notice. Similarly, earned vacation pay shall be made to the surviving spouse upon the death of an employee. Payment of earned vacation pay to part-time employees shall be made on the first regular payday following July 1 for the preceding school year. Payment for vacation pay to part-time employees shall be made by a separate check. Unused snow days up to three days which have been provided in the school calendar may be added to an employee's individual vacation time to be used on days when school is not in session. Members of the bargaining unit may cash in up to two weeks of carry over vacation. However, full-time employees who are absent seven (7) days or more in the prior year may not cash in vacation. Absence shall be defined as in the personal leave provision. Notice of intent to cash in must be directed to the business office no later than March 1. Payment is to be made on or before October 15. D. Vacation Coveraae Should the District assign coverage, during an employee's vacation period, the following procedure shall apply for all unit members. 1. A unit member shall be assigned to cover for the first three (3) days of work; 2. The immediate supervisors shall notify the Transportation Supervisor when coverage is required; 3. The work will first be offered, by seniority, to available part-time drivers who are assigned six or less driving hours that day. 4. If no part-time drivers are available, the work will then be offered to: a. Other non full-time driver members at that facility, by seniority; b. Other non full-time drivers members from the seniority list; c. Full-time drivers from the seniority list; 5. Part-time drivers will be paid at the drivers' rate while covering for a vacationing employee. ARTICLE VI - LEAVES OF ABSENCE A. Personal Leave Personal leave days may be approved, without loss of pay, at the sole discretion of the Superintendent or his designee for the purpose of handling personal affairs which cannot be transacted on the weekends or after work hours. Such request will not be unreasonably denied. Request for such absence will be submitted in writing to the employee's immediate supervisor at least three days in advance of the anticipated absence except in cases of emergency. In said cases the employee shall submit such request in writing immediately upon his or her return to work. Part-time employees may use one such personal day without providing a reason. However, full-time employees who are absent seven (7) days or more or part-time employees who are absent four (4) days or more must provide reasons for all such 15 personal days. In determining the number of absences for this purpose days absent under Article VI.A, B (4), C, Dl E, F, and G as well as vacation or holidays shall not be counted. Unused no-reason personal days will be converted to sick leave. Full-time employees may use no more than four (4) such days of personal leave per year. Part-time employees may use no more than two (2) such days of personal leave per year. Except as provided herein, written request for leave shall contain the reason for the request in general terms. Full-time employees may use two such personal days without providing a reason. Personal leave days for part-time employees shalt be used on the employee's regularly assigned work hours for the year. B. Sick Leave 1. a. All full-time employees are allowed sick leave without loss of pay for a total of fifteen working days in any school year (July 1 through June 30). If any employee does not use the full amount of sick leave allowed, the amount not used shall be accumulated without limit from year to year and used as needed. Part-time employees will accrue sick leave up to eleven (11) days per year, accumulated without limit from year to year and used as needed. b. However, employees who use over eight sick days in a school year will have the amount in excess of eight days deducted from the next year's sick leave allocation with a maximum deduction in one year of 15 days for full time and 11 days for part- time (i.e., if a full-time employee uses ten days the fifteen day allotment for the following year will be reduced to thirteen days). Days to be excluded from this calculation are the following: long-term illnesses (illness of more than 7 consecutive workdays); FMLA absences; worker's compensation; hospitalization; and/or days lost to false positive drug/alcohol testing. The employee will notify the employer during the long-term illness so that the District may arrange to have the employee examined by a District appointed doctor. 16 Bi-weekly pay stubs will reflect employees' sick leave, vacation day, and personal day usage. The sick pay due a part-time employee for a day when he or she is absent on sick leave shall be based on the employee's regularly assigned work hours for the year. The parties agree to establish a committee with equal representation to recommend, by June 30, 1996, a time and attendance policy with regard to the discipline of those who abuse sick leave. Such recommendation will be subject to negotiations. Upon retirement or death, fifty (50%) percent of the accumulated sick leave at the then current dollar value shall be paid to the employee or his or her beneficiary. After 10 years of employment in the District, an employee upon resigning from the District shall be paid twenty-five (25%) percent of hislher accumulated sick leave. Said payment shall be at the then current dollar value. Second and third shift employees reporting sick should give at least two hours notice when they cannot report for work because of sickness. Other employees shall notify their supervisors at least one-half hour before starting time. When nothing further is heard from an employee on sick leave, it will be assumed that he or she is not reporting for the next day's work and a substitute will be assigned. Responsibility for reporting to his or her supervisor the start and termination of sick leave rests with the employee. Workers' Compensation days will be accumulated at the rate of twenty days per year with a maximum of 120 days. When the number of days falls below 120, they shall be replenished at the rate of twenty (20) days per year not to exceed the 120 days maximum. Employees will receive up to a maximum of one hundred twenty (120) workdays with uninterrupted pay. If an employee exhausts Workers' Compensation leave at any time for work related disability, sick leave (or sick leave bank, if necessary) will be charged for that portion of the absence not covered by Workers' compensation insurance. b. An employee who is absent due to leave under this provision for one (1) year may be separated from service pursuant to Section 71 of the New York State Civil ' Service taw without further hearing. Sixty (60) days notice shall be given to the employee prior to separation. Any such employee will be eligible for reinstatement pursuant to Section 71 and, if reinstated, will be eligible for any and all benefits and will be restored full seniority consistent with that available at the time of separation. If employee cashes in sick leave pursuant to paragraph 3 above he or she will not be eligible for restoration of such leave. 5. If a member of the bargaining unit is required to undertake a physical examination of any type, the employee may make a request to have a particular physician designated. However, the final determination as to who will conduct the physical remains with the School District. 6. An emergency sick leave bank is hereby established to provide protection against the economic effects of a long-term illness. To this end the following is provided: a. Employees shall be eligible to apply for sick leave bank days only after having completed two years of employment in the District. b. Eligible employees must first exhaust any accumulated sick leave prior to application for sick leave bank days. c. Eligible employees having satisfied a. and b. above, may use up to the following maximum days in the sick bank: Third and fourth years of service, forty-two and one-half (42 112) days; Fifth and sixth years of service, sixty-four (64) day; beyond six years of service, eighty-five (85) days. d. Application of sick bank provisions will be implemented as described above only after the employee requests sick bank application in writing together with signed medical evidence attesting to the illness or physical or mental incapacity to the Superintendent through the Union President with resulting approval for sick bank application. I8 e. Bank provisions will not apply after an employee is adjudged to be permanently incapacitated and consequently not able to return to work following maximum participation in the sick bank. f. An employee having exhausted the maximum benefits in c. above, (85 days) must ret active duty for a period of four (4) months prior to becoming eligible to reapply fc leave bank days. An employee who has exhausted a lesser maximum (i.e., 42 112 days) must return to duty for a period of at least two (2) months prior to becoming elig reapply for sick leave bank days. Employees who do not use the appropriate ma> number of days are not subject to the waiting period. 7. Absences, deductible from allowed sick leave, may be approved for: Serious Illness to lmmediate Familv Members: Serious illness applies to immediate family members and shall be construed to mean any illness or injury which a doctor considers to be of such a nature as to require the employee's absence. An employee may be required to submit a written statement explaining such an absence and substantiated by a doctor's certificate when such an absence extends beyond three consecutive days. lmmediate family includes the employee's spouse, children, parents or person for whose financial and physical care the employee is responsible. Quarantine Employee's absence by reason of quarantine imposed by a doctor's order due to illness caused by a contagious disease of a resident member of the household will require a doctor's certificate explaining the order. Absence wiH be approved for the duration of the quarantine. C. Bereavement Leave In the case of death in the immediate family, absences will be approved without loss of pay from the time of death through the day of the burial. lmmediate family includes the 19 employee's spouse, children, parents, parents-in-laws, sisters, brothers, grandparents, parent of your child(ren), or other persons for whose financiat and physical care the employee is responsible. Bereavement leave will not be deducted from sick leave or personal leave. Payment for part-timers shall be computed at the rate of the employee's regularly assigned work hours for the year. D. Leave of Absence Without Pay An employee shall have the right to take a leave of absence without pay at the conclusion of his or her vacation time provided that prior approval has been obtained from the immediate supervisor, which approval will not be unreasonably denied. Special Approved Absences 1. Selective Service physical examinations, including time necessary for travel to and from said examination. 2. Court and/or governmental appearance -- the number of days necessary will be approved if one of the following conditions exist: a. The school district is involved and the member is subpoenaed to a party or witness in the action. b. The member is subpoenaed to appear as a witness to testify to facts andlor testimony of general interest before a Federal, State or County jury. c. The member is subpoenaed to appear before any Federal, State, County, Town or Village agency and is not subsequently convicted of the crimes under investigation for which the subpoena has been issued. Before compensation for the time is approved, the subpoena answered must be presented to the member's immediate superior along with a statement of the amount of time which was expended pursuant to the subpoena. 3. Payment for part-timers shall be computed at the rate of the employee's regularly assigned work hours for the year. 20 F. Militarv Leaves of Absence Military leaves of absence without pay shall be granted to any unit member who shall enter into active military service of the United States as defined by Military Law, Section 243. Unit members on military leave shaH be given the benefit of any increments, which would have been credited to them had they remained in active service to the District, and all accumulated sick leave days acquired prior to entry into service will be reinstated. G. Jury Duty All personnel of the District on jury duty shall be paid in full during said period provided, however, that employees on jury duty shall be required to refund to the District all remuneration they receive for said service excepting transportation allowance. Payment for part-timers shall be computed at the rate of the employee's regularly assigned work hours for the year. H. Child Care Leave Employees may apply and shall receive an unpaid leave of absence for a period of up to one year for the purpose of rearing young children. Notice of intent to take child care leave must be given no later than two months prior to commencement of such leave. Child care leave must commence within three months of the birth date of an infant or within three months of custody of an adopted child. The employee must notify the District sixty days prior to the termination of such leave of hisfher intent to return to regular employment. The employee while on childcare leave shall receive no pay, benefits or seniority but may continue health insurance at histher own expense during the period of leave. Employees returning from childcare leave shall have restored to them seniority status and all benefits which had accrued prior to the commencement leave. ARTICLE VII - HOLIDAYS All full-time employees working on a 12 month basis shall be granted thirteen paid holidays annually and part-time employees on a 10 month basis shall be granted eleven (11) paid holidays annually between the start and close of school with payment based upon a seven hour day by the ten month employees. The listings of holidays for each year of the contract shall be designated and distributed by the Superintendent before June 1 of the preceding year. ARTICLE Vlll - SNOW AND ICE DAYS When school hours are altered by the Superintendent because of inclement weather andlor hazardous road conditions, the following work rules shall apply: A. If the opening of school is delayed, employees are to report to their normal place of assignment as soon as conditions permit. Credit for a full day's work shall not be allowed if an employee reports after 9:00 a.m. on such days. €3. When schools are closed, employees shall not be required to report for work. Full-time employees will be paid for days schools are closed. A snow removal crew, composed of volunteers selected because of the physical requirements of the work andlor their knowledge of the equipment involved, shall be called to duty by the District Transportation Supervisor andlor Head Custodians. Those members of this crew called to work shall receive a day's pay plus one and one half times their regular hourly pay. Part-time employees are to be eligible for snow removal duty if not enough full-time employees sign up for the same. After all volunteers, including part timers, have signed up, if additional personnel are needed, the District may assign members of the unit to snow removal duty in reverse order of seniority by job title. 22 D. When chains are required to be mounted on snow days, all available mechanics are to be called in early whenever possible to assist in mounting chains. E. Part-time employees who clock-in at least one hour prior to the delayed opening time shalt be paid their normal hourly wage. In the event part-time employees clock-in one hour prior to the delayed openings time and schools are subsequently closed, such employees shall be paid one-hour's pay. F. In the event schools are closed for one (Io)r more days in any school year, part-time employees shall be paid for all used snow days allowed by the school calendar, to a maximum of three (3) days. Payment for part-timers shall be computed at the rate of the employee's regularly assigned work hours for the year. ARTICLE IX - SENtORITY. TRANSFERS, PROMOTIONS AND LAYOFFS A. Calculation of Seniority Seniority shall be calculated on the basis of continuous employment with the District and may be broken only by lawful discharge or voluntary resignation. Not working during the summer does not constitute a break in continuous employment. B. Senioritv Lists For the various purpose of this article, USWOM shall prepare a master seniority list for the bargaining unit as a whole, and seniority lists for each work location, for each job title and for the maintenance personnel. These lists shall be posted annually in all work locations. An employee will be placed on these lists after 30 days of employment in the District. Such lists may be subject to District approval. The District shall provide any information necessary to prepare such seniority list. In addition, an USWOM officer will be provided with up to 6 hours released time per year to complete and update the seniority list. C. Layoff Layoff shall be in the inverse order of seniority with the District by job title. However, a more senior employee may displace a junior employee in a different job title if the senior employee is capable of doing the work required or can with relative ease be taught to do the work required and further provided that such displacement does not violate the Civil Service Law. D. Voluntarv Promotions and Transfers 1. All openings in any classification covered by this Agreement will be conspicuously posted in every work location. Such posting shall include a job description as filed with the Civil Service Commission of Putnam County, if such description has been filed, and shall include minimum qualifications for the position. Any District employee who desires to fill the posted opening shall file a written application with the District within five (5) days following the posting of a notice of opening. No opening shall be permanently filled until ten (10) days after such posting. 2. Applicants who are employees of the District shall be considered for the opening before outside applicants are considered. In determining appointment to the opening, the District wilt consider such factors as a competency, required skills, prior performance evaluation and attendance record. If all of these factors are equal, seniority in the District will prevail in making the appointment. If there is no inside applicant who is acceptable based upon the qualifications set forth in this paragraph, the District may appoint an outside applicant to the opening. After consideration for the position, applicants who are employees of the District shall be notified in writing whether or not they will be recommended for Board appointment. 3. Nothing contained herein shall be construed to prevent the District from making temporary appointments until positions can be filled with provisional or probationary appointments. All attempts will be made by the District to secure permanent appointment within 120 days, exclusive of vacations, of the date upon which a vacancy occurs. 4. An employee who transfers from one job to another within the bargaining unit shall not lose credit for the time he or she has been employed by the District. E. Part-Time Em~lovees Part-time employees working less than four (4) hours per day shall accrue seniority at a rate of one-half year for each year of service to the District. Effective July 1, 1984, all part-time employees working four (4) hours or more per day shall accrue seniority at a rate of ten (10) months for each year of service to the District. Part-time employees becoming full-time employees shalt carry all benefits of previous employment into full- time positions on a pro-rata basis. F. lnvoluntarv Reassiqnments and Transfers Involuntary reassignments and transfers shall be made after a meeting between the employee involved and his or her immediate supervisor, at which time the employee shall be notified of the reasons for the reassignment or transfer. The employee involved shall have the right to a Union representative present for any such meeting. When an employee is transferred to a lesser position he or she will not be required to serve a probationary period provided that he or she has completed a probationary period in his or her former position. G. Lists to Union President The District shall annually provide to the Union President a listing of names, home addresses, work locations and position titles of a newly hired, reinstated, transferred and terminated employees represented by the Union. H. if an employee who has been transferred or promoted to a different title is not made permanent after the six-month probationary period, he or she may return to his or her former position. 1. Labor-Manaclement Committee The District and the Union shall annually appoint by September 1, three representatives each to a Labor-Management Committee. This advisory committee will meet as problems arise, but not less frequently than quarterly, to discuss and review concerns that may arise from the administration of this Agreement. J. Bus Driver Positions The District agrees that no less than one-fourth of its bus drivers will be full-time positions. In no instance however, shall there be less than 24 full-time driving positions. Current drivers' hours shall not be reduced to less than 6 hours. ARTICLE X - DISCIPLINARY PROCEDURE A. Eliqibilitv This Article establishes an alternate disciplinary procedure for members of the bargaining unit. It shall apply to all persons currently subject to Section 75 and 76 of the Civil Service Law and in addition shall apply to any permanent non-competitive and labor class employees who have completed at least six months of continuous service. The disciplinary procedure provided herein is not applicable to probationary or provisional competitive class employees. B. Waiver of Riqhts Under Section 75 & 76 of Civil Service Law The following disciplinary procedure for incompetence and/or misconduct shall apply to employees as provided herein in lie" of the procedures specified in Civil Service Law Sections 75 and 76. The employer and the Union fully understand and agree that the provisions of the Civil Service Law herein stated shall not apply to disciplinary action instituted against Unit members and they fully understand and agree that those members of the Unit who would be entitled to the rights set forth in the Civil Service Law have expressly waived their rights and that all further disciplinary action shall be conducted under the procedures contained in this Article. C. Em~loveeR iqhts 1. An employee shall be entitled to representation by the Union at each stage of the disciplinary procedure. 2. An employee shall not be disciplined for acts, which occurred more than 18 months prior to the date of the notice to disciplined, except where the act(s) would constitute a crime. In any event this provision will not limit the Employer and the hearing officer from considering the entire employment record with respect to the appropriateness of the penalty to be imposed. D. Procedure 1. Disciplinary counseling will be utilized in the traditional labor relation's manner where appropriate. The District agrees to utilize disciplinary counseling as an initial disciplinary stage in certain situations. Disciplinary counseling, however, is not required to be utilized by the District in all instances. Rather, more serious discipline than counseling may be imposed for severe offenses. Severe offenses, including 27 but not limited to, theft, damage and/or destruction of property, refusal to work, endangering the safety of workers and/or students, may not warrant progressive discipline. In summary, depending on the severity of the offense, disciplinary counseling will be used proportionate to the offense. The first step, where appropriate, will be the use of disciplinary counseling. However, in the instances noted above, the District may impose reprimand, fines, suspensions and even termination without the use of disciplinary counseling. In no instance, however, do employees waive any other contractual rights with regard to discipline, as outlined in Article X. 2. Misconduct and/or incompetence will form the basis for the imposition of discipline pursuant to this Article. 3. In the event that an employee continues to be insubordinate or incompetent following the disciplinary counseling stage, the employee will be served either personally or by certified mail (at hidher last known address) with a written notice of discipline describing the alleged acts forming the basis for the disciplinary action. In addition the notice shall contain a proposed penalty, which may be amended at anytime thereafter. A copy of the notice of discipline will be presented to the President of the Union. 4. The Employer may impose any of the following disciplinary penalties: A reprimand, a fine not to exceed $100 to be deducted from salary or wages, or a suspension without pay up to 30 working days. The imposition of such disciplinary penalties will be subject to direct arbitrage review and will not be subject to the procedure set out hereafter. 5. In the event that the Employer seeks to impose a penalty of suspension without pay for more than 30 days, demotion in grade and/or title or dismissal, the employee has the right to a hearing before a hearing officer pursuant to the procedure set out hereafter. (See E. Hearinq, p. 29) A. In such cases the Employer shall provide the employee with a notice of discipline, which shall include the following: 1. The right to a hearing before a hearing officer pursuant to E. Hearing 2. The right to be represented at said hearing by a Union representative. 3. The employee must request such a hearing by submitting a written request to the charging party within 10 calendar days after receipt of the notice of discipline if helshe disagrees with the proposed penalty set therein. Within 10 calendar days of receipt of the notice of discipline the employee must file a written request for a hearing with the charging party. B. Failure to file such a request within 10 calendar days of receipt of the notice of discipline will constitute acceptance of the proposed penalty by the employee and will settle the matter in its entirety. 6 . The Employer will provide copies of all notices of disciplinary charges to the President of the Union. E. Hearing 1. A panel of 3 hearing officers will be selected mutually by the Employer and the Union. Said list will remain in existence during the term of this agreement. Hearing officers shall serve on a rotating basis. The cost of the hearing officers' services shall be equally borne by the Employer and the Union. 2. The Employer shall notify the hearing officer who is next in rotation of the need for a hearing within 10 calendar days after receipt of the employee's written request for a hearing. 3. The hearing officer shall schedule a hearing as soon as possible but in no event later than 30 calendar days of receipt of the Employer's notification of need for a hearing. 4. Hearing Procedure a. The burden of proof in such a disciplinary hearing shall fall upon the Employer. The Employer must prove the charges by substantial evidence. b. The technical rules of evidence shall not be required in such a hearing. c. The employee and hidher chosen representative shall have the right in such a hearing to call witnesses and to cross-examine witnesses called by the Employer. The Employer shall have the right to cross-examine witnesses called by the employee. 5. Either party wishing a transcript at a disciplinary hearing may provide for one at its own expense and in such case shall provide a copy to the hearing officer and to the other party without cost. The use of a transcript is to be discouraged and the request for such a transcript shall not extend the date that a final determination is to be made. F. Hearinq Officer's Authority a. The decision of the hearing officer shall be rendered within 30 calendar days of the close of the hearing. b. The hearing officer shall not have jurisdiction or authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendments or supplements thereto, or to add any new provisions to this agreement or any amendment or supplement thereto. Rather, the hearing officer is limited to determining guilt or innocence and the appropriateness of the proposed penalty. Should the hearing officer determine that the proposed penalty is inappropriate he/she may impose an alternative penalty. c. The determination of a hearing officer shall be final and is not subject to the grievance procedure set forth herein. The determination of the hearing officer is to be considered an arbitrator's award and is reviewable in court under Article 75 of the Civil Practice Law and Rules. 3 0 G. Suspension Without Pay 1. Pending the hearing and final determination in a disciplinary matter pursuant to this procedure, the employee against whom the employer seeks to impose discipline may be suspended without pay if the employer determines that there is probable cause to believe that the employee's presence on the job represents a potential danger to person(s) or property or would severely interfere with operations. Such determination shall be reviewable by the'hearing officer to determine whether the Employer had probable cause. Where such a suspension has been imposed notice of discipline will be served within 24 hours. 2. If in such a case an employee has been suspended pending the outcome of a hearing and the hearing officer finds that suspension was unwarranted or that the penalty is too severe, the employee shall be reinstated and compensated for all lost time less any suspension imposed by the hearing officer and less the amount of compensation which helshe may have received from other employment or in the form of any type of state or federal benefits during the period of suspension. ARTICLE XI - WELFARE A. Retirement The District shall continue its policy, to the extent permitted by law, of providing all employees in the unit with the "1160" non-contributory plan as provided in Chapter 1006 of the Laws of 1966, as presently or hereafter amended and adopted by the Mahopac Board of Education, to become effective July 1, 1969, with the New York State and Local Employees Retirement System. Effective with the 1993-94 school year, the School District shall apply for and offer to members of the bargaining unit Retirement System option 75i unless offered to other units previous to this. Effective with the 2001-02 school year, the District shall apply for and offer option 41 J of the New York State and Local Employees Retirement System to all unit members. B. Health lnsurance 1. The District shall furnish to all employees in the unit the following health insurance premium assistance: Northern WestchesterlPutnam Health lnsurance Consortium Single Unit - 100% of monthly premium Family Unit - 100% of monthly premium 2. Beginning on 7/1/96 a 5% contribution through payroll deduction for all members of the bargaining unit electing health insurance coverage will take effect. Effective July 1, 2003, the employee contribution will be 6%; effective July 1, 2004, the employee contribution will be 7%; effective July 1, 2005, the employee contribution will be 8%. Bus aides however, shall make no contributions for health insurance. 3. A three-part Section 125 Plan will be made available effective 7/1/96 for health insurance contribution. 4. If an employee alternately selects an H.M.O. ptan, the District agrees to furnish to the employee health insurance premium assistance up to amounts allowed above. The additional cost of the H.M.O. plan shall be borne by the employee. 5. Unit members who retire after June 30, 2001 shall contribute 1% less for health insurance than the percentage paid by active employees, with a minimum 5% retiree contribution. 6. The Union agrees to participate in a joint committee to review the present health insurance plan from the point of view of cost effectiveness. Any change in plan shall be subject to approval by the Union, which approval shall not be unreasonably with held. C. Health lnsurance Waiver An employee, at his or her option, may dec :line health insurance coverage by submitlL ing a written request to the District stating that the employee waives hislher right to health insurance in return for payment of $600 per annum in lieu of such health insurance. In the event an employee requests re-enrollment in the health insurance program, such request shall be honored, with the express understanding that the $600 payment shall be reduced and paid on a pro-rata basis for that part of the contract year that the employee declined health insurance benefits. D. lnsurance Deduction A deduction of thirty (30) cents shall be made from each employee's weekly pay by the District and shall be forwarded to the Treasurer of the Benefit Fund at the close of each pay period. Such monies shall be used for insurance benefits as per Section F of this Article. E. Lifelnsurance The District shall provide annual term life insurance (no accidental death or long term disability) for each employee represented by the Union up to $25,000 each. F. Benefit Trust Fund Effective July 1, 1982, a Benefit Trust Fund will be established by the Union for the purpose of providing various insurance benefits for the members of the bargaining unit. For the 2001-02 school year the District will contribute to the Fund $900 for each member of the unit. For the 2002-03 school year the District shall contribute to the Fund $900 for each member of the unit. For the 2003-04 school year the District shall contribute to the fund $1000 for each member of the unit. For the 2004-05 school year the District shall contribute to the fund $1025 for each member of the unit. For the 2005-06 school year the District shall contribute to the fund $1050 for each member of the unit. District contributions to the Fund shall be according to the following schedule: July 15 - 25% October 15 - 25% January 15 - 25% April 15 - 25% The Union will provide an auditor's report of the Fund to the District at the end of each fiscal year. G. Tax Sheltered Annuity By October 1, 2002, the District shall make IRC 457 and VEMA Plans available to unit members. ARTICLE XI1 - COMPENSATION A. Salary Schedule For the length of this Agreement, all employees shall be compensated pursuant to the salary schedule attached hereto as Appendix A and made a part thereof. The salary schedule shall be increased by 2.5% for 2001-2002: an additional 2.5% for 2002-2003; an additional 2.75% for 2003-2004; an additional 3.0% for 2004-2005; and an additional 3.25% for 2005- 2006. Employees hired after July 1, 1984 shall move to the "Post 7/1/84" schedule at the commencement of the second year of employment, if the "Post 7/1/84'' schedule contains the listed job classification. Otherwise, the movement shall be to the "Pre 7/1/84" schedule. At the commencement of the 5th year of employment an employee shall advance to the maximum salary in hidher classification. B. Hirina Rate A new employee shall be employed at the prescribed salary for his or her job classification less $2500 for his or her first year of employment. The probationary period shall be six months as indicated on the attached schedule. C. Spare Drivers Employees selected by the Transportation Supervisor as "spare drivers", based upon driving ability, knowledge of routes, and seniority, will receive $500 additional annual compensation for ten months or more of such service (prorated for less than ten months). D. Longevity The following sums will be paid on an annual basis to members of the bargaining unit who have completed the following years of employment in the District. Calculation of service for longevity purposes shall be on a month for month basis. Length of District Employment 2001- 02 2002-03 2003-04 2004-05 2005-06 completed 15 years $863 $863 $863 $889 $918 completed 20 years $1105 $1105 $1105 $1138 $1 175 completed 25 years $1346 $1346 $13 46 $1386 $1431 completed 28 years $1587 $1587 $15 87 $1 635 $16 88 E. Assianment to Different Classification Employees assigned to work a higher classification shall be paid at the per diem rate for such a classification. Employees assigned to work in a lower classification shall maintain their regular rate of pay for such assignment. 35 F. Classification Differential Employees in the following classifications shall receive in addition to the salarieslwages set forth hereinafter, $100 per employee per annum. Custodian Maintenance MechaniclGeneral Maintenance MechaniclSpecial; Printer Auto MechaniclGeneral Auto MechaniclSpecial Bus AideslMonitors G. Summer Cleaninq Differential The hourly rate for part-time bus drivers working as cleaners in the schools during the summer months shall be increased annually during the term of the contract. (See Salary Schedule) ARTICLE Xlll - GRIEVANCE PROCEDURE A grievance is a dispute involving an alleged misinterpretation or misapplication of any of the terms or provisions of this contract. It shalt not apply to any other matters. Grievances shall be filed by the Union on behalf of members of the unit defined in the recognition clause. All grievances shall be in writing. All grievances shalt include the name and position of the aggrieved party and the identity of the provisions of this Agreement upon which the grievance is based. Grievances shall also include a statement of facts, events or conditions, including dates, which constitute the violation of this Agreement. It shall also include the identity of the party alleged to be responsible for the causing of the events or conditions underlying the grievance, if known, to the aggrieved party. There shall also contain a general statement of the nature of the grievance and the redress 3 6 sought by the aggrieved party. Nothing contained herein shalt be construed to prevent any individual employee from discussing any matters, which might constitute grievances with any District personnel in supervisory capacities. Failure of responsible school officers at any step of this procedure to communicate the decision of the grievance within the specified time limits shall act to permit the aggrieved party to proceed to the next step within the specified time limits provided by this Agreement. Decisions and proceedings under the grievance procedure shall not be publicized by the District, the Union, or the employee involved without the consent of all parties in writing. Steps of the Grievance Procedure Step One: All grievances shall be filed with the employee's immediate supervisor no later than 20 working days after the date upon which the alleged grievance arose or upon which the employee knew or should have known of the situation constituting the grievance. The employee's immediate supervisor shall grant a hearing to the said employee and a representative of the Union. All parties named in the grievance shall participate. The failure of any party to participate shall not delay the disposition of the grievance. The employee's immediate supervisor shall act upon each grievance filed within five working days after it has been filed and shall advise the grievant and the Union of the decision reached in any case in writing within that period. Step Two: In the event the grievance is not amicably adjusted in Step One, then an appeal may be made to the Superintendent or his designee. Such an appeal must be filed no later than five working days after the receipt of the Step One disposition. Any appeal to the Superintendent shaH be in writing and shall include the written grievance filed in Step One, the answer thereto and a statement of the reasons for the appeal. A hearing on each grievance processed to this step shall be granted by the Superintendent or his designee within five working days after the filing of an appeal to Step Two. The Superintendent shall have five working days after the grievance has been presented at the said oral hearing within which to act upon the grievance. The disposition of the grievance shall be in writing and shall be submitted to the person filing the appeal and the Union. Step Three: Any grievance that has not been resolved in Step Two of this procedure may be submitted to advisory arbitration by the Union or the District. A grievance may not be submitted to arbitration unless a decision has been rendered by the Superintendent under Step Two or unless the time limit specified for such a decision has expired and no decision has been forthcoming. All demands for arbitration shall be filed pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association. Demands for arbitration must be filed within seven calendar days after the receipt of the decision of the Superintendent under Step Two of the grievance procedure or unless fourteen days have elapsed from the date such decision was due and no decision has been forthcoming. Copies of the request for arbitration shall be forwarded to the opposing party and the American Arbitration Association and shall include a brief statement setting forth precise issues to be decided by the arbitrator and the remedies sought. The arbitrator shall be without power or authority to alter or change any provision of this Agreement or add thereto, nor may the arbitrator make any recommendation which require the commission of an act prohibited by law or which violates the terms of this Agreement. The costs and expenses of the arbitration shall be shared equally by the Board and the Union. All costs incurred in preparing and presenting the arbitration, including witness costs, shall be borne by the party incurring them. The arbitrator submitted by the American Arbitration Association shall be limited to those arbitrators regularly serving on its Voluntary Labor Arbitration Panel. The advisory award of the arbitrator shall be presented to the Board of Education within fourteen days after it is received by the District. The Board shall review the aforesaid award and finally dispose of the issue. If the Board rejects the arbitrator's advisory award it shall state its reasons for doing so in writing. ARTICLE XIV - UNION RIGHTS A. Duplication Equipment Duplication equipment and services as they exist shall be made available to the Union representative in accordance with existing building policies so long as there is no interference with duplicating for instructional purposes. The Union agrees to pay for supplies used for Union purposes. B. Public lnformation The District agrees to make available upon request of the duly designated Union representative for the District all available public information concerning the financial resources and allocations of the District and all available public information dealing with conditions of employment as set forth in the Public Employee's Fair Employment Act in accordance with applicable provisions of the Freedom of lnformation and Privacy Acts. C. Emplovee's District Files All unit members' files shall be maintained under the following circumstances. 1. No material shall be placed in the District employee's file until the member has had an opportunity to read the material. The member shall acknowledge that he or she has read evaluative material by affixing his or her signature or initials and the date on the actual copy to be filed immediately, with the understanding that such signature merely signifies that he or she has read the material to be filed. Such signature does not necessarily indicate agreement with its contents. 2. The member shaH have the right to respond to any evaluative material filed in his or her District employee folder through his or her building Head Custodian, immediate supervisor and the Superintendent. Such answer shall be made within five working days of the date on which the material was initialed by the member. 3. The member shall be furnished a reproduction of any material in his or her District employee file within three (3) days of such request, with the member paying the I costs of the duplication in accordance with Board of Education policy. D. Union Activities Absence from work assignments for Union activities will be permitted for those actively participating in: 1. Collective bargaining negotiations with the District representatives, 2. Grievance procedures to which reference is made before or after, and I 3. Other legitimate Union activities upon permission from the respective department I heads of such employee. Also, building representatives, inclusive of the Union President and his or her duly elected assistant, shall be relieved when Union business requires their attention during working hours, up to a maximum of four employees. Elected Union officers and their delegates shall be granted sufficient time off to attend meetings at the Union hall, the Union's Board of Directors, conventions, annual meetings, and ( special committee meetings and such time off shall not be charged against accrued leave. 1 Twenty-four hours notice is required in writing to the responsible supervisor in order to qualify I under this provision and a maximum of ten days annually shall be allowed. The Union President shall be employed under the principle of "first in and last out" -- up 1 to one hour daily overtime for 180 days when schools are in session. E. Union Office The District agrees to provide the Union with an office located at the Transportation Garage Facility. ARTICLE XV - LEGISLATIVE ACTION 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 therefore shall not become effective until the appropriate legislative body has given approval. ARTICLE XVI - BUS RENTAL In situations where Mahopac School District buses are leased to outside organizations, the District will urge such organizations to employ Mahopac School District bus drivers to drive the buses as being the persons most qualified to do so. ARTICLE XVIt - SUMMER BUS RUNS Summer bus driving assignments shall be offered to employees in the following order: 1. part-time drivers, who apply, by seniority; 2. then, to full-time drivers; 3. then, if needed, to per-diem drivers. If a summer bus route assigned to a part-time driver is eliminated, the least senior driver will be terminated with the driver of the eliminated route to be reassigned accordingly. When such a part-time driver is so terminated he or she will be offered the opportunity to take a summer building assignment if a vacancy exists. ARTICLE XVIIt - BUS AIDES A. Wages for Bus Aides shall be increased in each year of the contract by the same percentage as the salary schedule. (See Appendix A) 4 1 B. The District shall provide Bus Aides one hundred (100) percent of Health Insurance premium payments for the individual employee only. C. Bus Aides may waive health insurance coverage pursuant to Article XI, C. 0. In the event schools are closed for one (1) or more snow and ice days in any school year, Bus Aides shall be paid for one (1) such day schools are closed. E. Bus Aides will receive four (4) sick days per year. Unused days may be accumulated. F. Bus Aides shall receive 1 personal day per year, with reason, which is to be non- cumulative. G. Bus aides shall be granted three (3) paid holidays annually. H. No additional economic benefits shall be provided to employees classified as Bus Aides except as expressly provided in this Article, Article XI, E. Life Insurance, and Article XII, F., ARTICLE XIX - DRUG TESTING It is agreed by and between the parties that the drug testing procedure attached as Appendix B is applicable to all testing undertaken pursuant to Federal Statute or Regulations. ARTICLE XX - DURATION OF AGREEMENT AND REOPENING This agreement shall be effective as of July 1, 2001 and shall continue in effect through June 30, 2006. The Union agrees that aH negotiable items have been discussed during negotiations leading to this Agreement and agrees that negotiations shall not be reopened on any item whether contained in this Agreement or not during the life of this Agreement. Any District policies unaltered or unchanged by the language of this Agreement shall remain in full force and effect and it shall be the prerogative of the District to initiate and announce new policies not affecting or changing matters contained in this Agreement. In the event that either party wishes to amend this Agreement, all negotiations proposals shall be submitted in contractual language in March of 2006. Upon submission of said proposals, the party receiving same shall have fifteen days to respond thereto if it so desires. THE MAHOPAC CENTRAL SCHOOL DISTRICT, MAHOPAC, NEW YORK AND THE UNITED SCHOOL WORKERS OF MAHOPAC HAVE'DULY RATtFlED AND APPROVED THIS COLLECTIVE BARGAINING AGREEMENT AND SUCH RATIFICAT1ON AND APPROVAL IS DESIGNATED BY THE SIGNATURES APPEARING BELOW FOR THE MAHOPAC CENTRAL SCHOOL DISTRICT - abatella, Superintendent of Schools FOR THE UNITED SCMOOL WORKERS OF MAHOPAC Roger Crane, 1s t Vice President .. . ..- -., Ed Lewis, Part-Time Driver . . . . . . . USWOM SALARY SCHEDULE I - I I 5th Year and lonqer ' updated1 1 11 7/03 i - (Pre 711 184 employees) 1. 025 1.025 1.0275 1. 03 1.0325 I I 7/11/01 7111m 7111103 ' 7111104 7111105 I leaner 1 39.697 1 40.690 1 41.808 1 43.063 1 44.462 Cleaner part-time (hourly) 17.85 18.29 18.79 19.36 19.99 Carrierlcustodianlgrounds 40,691 41,709 42,856 44,141 45,576 Bus driver full-time 43.032 44.107 45.320 46.680 48.197 I 1 Bus driver part-time (hourly) 20.61 21.13 21.71 22.36 23.09 Wagon driver part-time (hourly) 19.96 20.46 21.01 21.65 22.35 Maintenance.. a" e neral 44.359 45.468 46.718 I 48-.,1 20 49~.6, 84 Maintenance, specialistlprinter 47,345 48,528 49,864 51,359 53,028 Mechanic, aeneral 46.029 47.1 79 48.477 49.931 51.554 . . AV tech 1 34;252 35;109 / 36;073 37;156 1 38:364~ 1 . Summer cleaners art-time (hourl.v,) 1 14.00 14.35 14.74 1 15-.-1-9- 1 15.68 - Bus monitor (hourly) 10.57 10.83 I 11.13 11.46 1 1-- 184 1 - DriverMaintenance Helper 43,032 44,107 45,320 46,680 48,197; 2nd 3rd 4th Year j cleaner- 'I 3 7.483 38,420 39,4774-4&-I Cleaner art-time (hourlv) I I 16.86 I 17.28 I 17.76 ! 18.29 I 18.89 Bus dr&r full-time 40;359 41 [368 421506 433781 45,204 I Bus driver art-time (hourlv) I 19.17 19.65 20.18 20.79 21.47 I I A--- - - - --- 7 New Hire -1st Year Employment I I I Carrrierlgrounds I 1 35.308 36;253 37;320 38;514 39,847 ' Custodian ,/ 38.191 39.209 40.356 41.641 43.076 I ' 1 ' I I ' I l ~ udsri ver full-time I / 37,859 / 38.868 1 40.006 / 41.281 1, 42,704 / Maintenance, general 41,859 42,968 44,218 45,620 1 47,184 Maintenance, specialistlprinter 44,845 46,028 47,364 .. 48,859 50,528 Mechanic, general i 43,529 44,679 45,977 47,431 1 49,054 , Mechanic, specialist 45,529 46,730 48,084 49,602 1 51,295 AV tech I 31.752 32.609 33.573 34.656 1 35.864 1 I Lonaevitv I I I completed 15 years 863 completed 20 years I 1 1,105 1,"ElO 1j,8*lO completed 25 years I 1,346 1,346 1,346 1,386( 1,4311 COmDleted 28 vears 1,587 1.587 1.587 1,634 1.68d APPENDIX B MAHOPAC ALCOHOL AND DRUG TESTING PROCEDURES The Union and the employer recognize alcoholism and drug abuse as illnesses which are treatable. As such, employees shaH be entitled to all the rights and benefits provided to other employees who are sick. Employees who request diagnosis or treatment for alcohol or substance abuse will not jeopardize their rights or job security. All such requests will be kept strictly confidential. All costs for implementing the drug testing program will be borne by the employer - except as outlined in other sections. No employee may be required to submit to any drug/alcohol test unless such test is required by state or federal law, unless there is reasonable suspicion, or when the employee is involved in any accident while in the service of the district. Blood tests shall not be usual requirement. All information, interviews, reports, statements, memoranda, and all records of all referrals, screening and confirming tests shall be held in confidence by the independent testing laboratory and by all personnel in the school district authorized to have knowledge thereof. No record of tests conducted under these procedures shall be placed, or made reference to, in any personnel file of the employee. All records and information will not be subject to NYS 19a review to the extent provided by law or regulation. Employees shall be notified in writing within 1 business day when records or other information related to this.policy are subpoenaed by a third party in the course of a legal or quasi-legal proceeding. All testing will be done during work hours and the employees shall be paid for time spent on the testing and related procedures including traveling time to and from the test site. When employees are required to provide their own transportation, they will be reimbursed at the prevailing IRS mileage rate. In the event a supervisor has a reasonable suspicion that an employee is under the influence of alcohol or drugs, and is going to recommend testing, the Union President shall be notified. The following procedures for drug testing shall be followed along with any existing statutes. A. The employer will use the split sample method. The initial screening test shall be by the Enzyme-Multiplied lmmunoassay Technique (EMIT); the confirming test shall be by the Gas ChromatographylMass Spectrometry (GCIMS) method. In the event that the final result of the first drug test is positive, the employee shall have the option to request a test of the split sample within 72 hours. If there is a positive test result of the split sample, the employee may be charged for the cost of all three tests (initial, confirming, split). If there is a negative test result of the split sample, the employee will incur no costs for any of the tests. Chain-of-Custody procedures will be implemented for samples which are transported between the collection site and the testing laboratory. 10. Employees with a confirmed alcohol test of between .02 and .039m ay request to take a return-to-duty test from 8 to 24 hours after the first positive test, if the facility is open. This test will be paid for by the employer. If the second test is negative and the employee's work has not been committed to another unit member, the employee may return to work prior to the 24 hour period. If the result of any positive drug test or alcohol test of .04 or over is substantiated at a hearing held pursuant to Article X, the hearing officer shall determine an appropriate penalty. However, if the test is the result of an accident involving substantial property damage and/or serious personal injury, or fatality, it is understood and agreed that the appropriate penalty is termination from service. 12.A. All absences from safety-sensitive positions due to testing or rehabilitation will be charged to available sick time. B. In cases where an employee chooses to have the split sample tested and those results are negative, the employee will be re-instated and all charged sick days and/or lost pay will be returned to the employee. 13. The union and the employer agree to establish a joint committee of equal representation, on alcoholism and drug abuse. Members of this committee shall not be involved in any of the activities of the testing program requiring direct involvement in cases. The role of the committee shall include, but not be limited to: a. Review the effectiveness of the program twice a year. b. Check and report to the Union and the District on the suitability of collection and treatment facilities. c. Check and report on the testing laboratories which are used - using the following criteria: 1. Do they perform confirmatory testing of specimens when initial screening indicates positive results? 2. Procedures for documenting chain of custody. 3. Do they provide assistance in collecting and handling specimens? 4. How long it takes to analyze a specimen and report results. 5. Cost of services. d. Provide educational programs concerning drug and alcohol abuse prevention and rehabilitation. e. Assure the effectiveness and quality of the SAP and MRO. 14. Substance Abuse Professional - All costs for the SAP shall be borne by the employer. The parties will mutually agree on an acceptable qualified professional.