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: Hendrick Hudson School District and Hendrick Hudson Educational Secretaries Association (2007) Employer Name: Hendrick Hudson School District Union: Hendrick Hudson Educational Secretaries Association Effective Date: 07/01/07 Expiration Date: 06/30/10 PERB ID Number: 5239 Unit Size: Number of Pages: 25 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/ CL-\ ARTICLE Preamble I Negotiation Procedures II Recognition of Negotiating Unit III Organization of the Bargaining Unit Staff IV Board-Association Relationship V Salary Schedule Position Classifications Premium Pay Conferences and Workshops Service Increment Longevity VI Incentive VII Evaluation VIII Holidays IX Vacation with Pay X Health Insurance XI Retirement XII Life Insurance XIII Leave and Sick Days Immediate Family Bereavement Leave Personal or Cogent Jury Duty Salary Deductions on Deducting Absences Leave without Pay Child Care Leave XIV Auto Damage XV Effect of this Agreement XVI Compatibility with Law XVII Duration of Agreement XVIII Grievance Procedure 1 PREAMBLE In order to effectuate the provisions of Chapter 392 of the Laws of 1967 (The Public Employees' Fair Employment Act), to encourage and increase harmonious working relations between the Hendrick Hudson School District Board of Education hereinafter referred to as the "Board," and its Bargaining Unit staff members represented by the Hendrick Hudson Educational Secretaries Association (hereinafter referred to as the "Association"), and to enable the bargaining unit personnel to participate in and contribute to the development of policies for the school district, pertaining to terms and conditions of employment, this agreement between the Board and the Association has been mutually drawn up and agreed upon. ARTICLE I Negotiation Procedures A. The Board and the Association shall enter into good faith negotiations over a successor agreement no earlier than November 15, 2009 and no later than December 15, 2009. B. Negotiated agreements shall be reduced to writing, but shall not become binding until signed by authorized representative of both the Board and the Association. ARTICLE II Recognition of Negotiating Unit A. The Board of Education of Hendrick Hudson School District, having determined that the Hendrick Hudson Educational Secretaries Association is supported by the majority of the clerical staff , audio visual technicians, and athletic trainers of the school district, has recognized the above association as the exclusive negotiating agent for the clerical staff, athletic trainers and audio visual technicians of the district. Such recognition shall extend to the maximum period as prescribed by law. The Board agrees not to negotiate with any bargaining unit organization other than the aforementioned Association for the duration of this agreement. B. The representatives of the Association (President or Co-Presidents plus three additional members) shall be excused from work duties during the normal workday, if necessary, to meet with the representatives of the Board. C. The president of the Association shall be notified of all new employees covered by this agreement. 1 ARTICLE HI Organization of the Bargaining Unit Staff The Civil Service job classification for present bargaining unit staff employees covered by this agreement shall be those listed below or as previously reported to the State Civil Service Commission. Additional titles may be added at the discretion of the Board of Education as the need arises. a. Clerk i. Secretary/Steno b. Typist J- Office Assistant Automated Systems c. Stenographer k. Senior Office Assistant Automated Systems d. Senior Typist 1. Secretary (School District) e. Senior Stenographer m . Secretary to School Administrator f. Account Clerk n. Secretary to School Principal g- Payroll Clerk o. Audio-Visual Technician h. Bookkeeper/Typist P- Athletic Trainer It is agreed that the titles Typist and Senior Typist will be deleted upon the resignation, retirement, termination or change of title of those employees serving in said titles. ARTICLE IV Board-Association Relationships Section 1 - Mutual Obligations A. Neither Board nor the Association, members, representatives, agents or committees shall engage in subterfuge of any kind for the purpose of defeating or evading the terms of this Agreement. B. There shall be no discrimination, interference, restraint, or coercion, by the Board or any of its Officers or Agents, against any employee because of any lawful activity on behalf of the Association or because of membership in the Association and the Association, its members, its Officers, its Agents, shall not coerce employees into membership in the Association in an unlawful manner. C. Upon ratification of this Agreement, it shall be the obligation of the Board and the Association to loyally support this Agreement, and to confine any adverse comments or criticisms to official meetings of their respective bodies. D. The Board and the Association shall so administer their obligations under this agreement in a manner which will be fair and impartial to all employees and shall not discriminate against any employees by reason of sex, nationality, race, creed, or marital status. E. It is mutually agreed that everything proper be done to establish a harmonious line of communication, and to maintain a harmonious and cooperative relationship between the Board and Association by the establishment of a committee composed of representatives from the Association and such Administrative Personnel as may be designated by the Board, to meet on the request of either group, said request to be accompanied by an Agenda to discuss working conditions and labor management relationship. 2 Section 2 - Board Obligations A. Whenever a vacancy or a position created by an increase in staff shall occur in a job classification, present members of the bargaining unit staff shall receive notice of such vacancy or new position and be given the opportunity to apply for such vacancy or new position. New employees or present bargaining unit employees promoted to a higher job classification must fulfill all the State Civil Service Requirements for appointments to the job classification. B. The Board agrees to furnish each new employee and all present employees with a copy of this agreement. Section 3 - Association Obligations A. The Association affirms that it does not assert the right to strike against the Board and agrees that it will not assist or participate in any strike or impose upon any of its members or others an obligation to assist or participate in any such strike. B. Adhering to the premise that duties and obligations come with rights and privileges, the Association agrees to do its utmost to see that its members perform their respective duties in the School System loyally, efficiently, and continuously under the terms of the Agreement. The Association and its members will use their efforts to protect the interest of the school and the community, to conserve its property, protect the pupils and give service of high quality. Section 4 - Board's Rights A. The parties agree that all negotiable items have been discussed during negotiations leading to this Agreement and will not be reopened during the life of this Agreement except as specified in Article XVA, and that this document constitutes the entire Agreement between the parties. B. It shall be the prerogative of the District to adopt new policies not affecting or changing matters contained in this Agreement and nothing herein shall be construed to restrain the Board in the full and absolute management of its affairs except as modified by this Agreement. Section 5 - Association Rights A. The President of the Hendrick Hudson Educational Secretaries Association or the President's Agent shall have the right to visit the School for the purpose of adjusting grievances and administering the terms of this Agreement, providing the Business Administrator is notified of such visits. B. The Association shall be the sole judge of its own rules and regulations with respect to Association membership and organizational administration. C. The Association shall have the right to post notices and other communication dealing with proper and legal Association business on bulletin boards maintained on the premises and facilities of the Board reserved at an accessible place in each building for the exclusive use of the Association. 3 ARTICLE V Section 1 - Salary Schedule Al.a Salaries for members of the bargaining unit actively employed shall receive the following salary increases: 2007/08-^ 3.6% 2008/09-* 3.75% 2009/10^ 3.75% A Lb Retroactive salary payments shall be made to those unit members actively employed as of March 26, 2008. A2. Salary ranges for newly hired staff will be: YEAR LEVEL A LEVELS LEVELC LEVELD 2007-08 31,013-36,756 32,120-37,905 33,311-37,053 34,459^15,000 2008-09 32,176-38,135 33,325-39,327 34,560-40,518 35,752-46,688 2009-10 33,382-39,565 34,574-40,801 35,856-42,037 37,092-48,439 A3. Promotional increment: If a bargaining unit member moves multiple levels across columns, the appropriate accumulated increase will be granted (Example: From Level A to C = $2500). The following compensation between levels will apply: A to B-^-$1,000 B to C-^-$1,500 C to D H> $2,000 Bl. For members of the bargaining unit on payroll or hired after November 18, 2004, a salary step schedule shall be applied as follows: 2. Effective July 1 of the school year following completion of the employee's third, sixth, and ninth years of active employment in the unit, the employee shall receive a three and one-half (3.5%) percent step increase. When an employee's date of hire is on or before December 31st of a given school year, that initial year shall be considered a completed year on June 30. However, when the employee's date of hire is after December 31 of a given school year, the period between the date of hire and the following June 30th shall not be considered as time served toward completion of years of service for step increases. 3. An annual stipend shall be paid to current employees (as of November 18, 2004), and future members of the bargaining unit who are appointed off a civil service list to the following titles: a) Office Assistant $500.00 b) Senior Office Assistant $750.00 This amount will be added to the employee's base salary commencing with the July 1 following appointment from a civil service list. 4 C. Part-time Bargaining Unit help will be paid according to the classification and the work A involved according to the appropriate level (Level A, B, C, D) as it pertains to the salary schedule. D. Any 10-month employee hired after July 1, 2000 will be paid at the rate of .79. IN ACCORDANCE WITH ADMINISTRATIVE LINE-OF-COMMAND El. Position Classifications CIVIL SERVICE CLASSIFICATIONS Typist or Typist Sr. Typist or Payroll Clerk Office Assistant Steno Sr. Steno Account Clerk Automated Systems Office Assistant Automated Sr. Office Assistant Bookkeeper/Typist Systems Automated Systems Sr. Typist or Sr. Steno Secretary Secretary/Steno (School District) Sr. Office Assistant Automated Systems Secretary to School Principal Secretary to School Administrator Audio Visual Technician Athletic Trainer COLUMN A COLUMN B COLUMN C COLUMN D General Office Secretary General Office Secretary Assistant Principal's Secretary to Assistant ) FWS HHHS Secretary Superintendent for Curriculum FGL BMMS HHHS Secretary to Director of B-V BMMS Special Education Secretary to Supt. Bldg. & Grounds Secretary to Director of Transportation Nurse's Office Guidance Secretary Guidance Secretary Principal's Secretary HHHS HHHS HHHS HHHS BMMS BMMS BMMS BMMS BV FGL FWS FGL FWS Library Secretary Committee on Special Educ. Account Clerk (2) HHHS Payroll Clerk (2) BMMS Registrar Switchboard/Typist Audio Visual Technician DO Athletic Trainer Secretary to Director of PE/Health/Athletics 2. No newly established position will be assigned a level without consultation with the Association, but the final decision remains with the Board. 3. Initial placement of all employees is under the sole determination of the Board. However, the Board is sensitive to the feelings expressed by the Association regarding initial placement, and agrees that some consistent guideline be mutually developed. 5 F.. In the 1997-98 school year, the above schedule will be evaluated on the basis of other school schedules with an attempt to keep relative position. G. The regular Annual Salary will be paid in twenty-six (26) bi-weekly payments according to the payroll schedule set by the Superintendent of Schools each year. The initial pay in a school year will be at the discretion of the Assistant Superintendent for Business providing it is on or before July 15. In addition, starting September 1998, 10-month bargaining unit members may choose between the 21 or 25 bi-weekly pay schedule. H. Authorization for payroll deductions will be made on forms supplied by the Administration, and shall be available for: 1. Tax-deferred Annuities 2. Credit Unions 3. Flex Plan Benefit Section 2 - Premium Pay A. Overtime Pay Overtime hours shall be considered any time in excess of forty hours per week and shall be paid at the rate of 1.5 times the hourly rate for each individual employee. B. Conferences and Workshops 1. It has been agreed that two members of the Secretaries Association of Hendrick Hudson School District will be granted a maximum of three days off and expenses to attend the annual New York State Association of Educational Secretaries Conference usually held in the fall (October). It is agreed that the maximum amount of $700 will be allocated for this annual conference, plus a maximum of $300 allocated for travel expense. 2. The Board of Education will provide expenses, not to exceed $800 in any given school year, for the purpose of attending in-district and outside-the-district workshops, geared to improving the quality of secretarial service or the obtaining of information for the mutual benefit of the Board and the Association. The Association will determine which employees covered under this contract will attend the various types of workshops selected during the year. Employees chosen for attendance at a workshop must obtain approval from their immediate supervisor, with the understanding that the immediate supervisor will hire a substitute only when necessary to cover the absence of the employee. Attendance at such workshop shall be charged against the meeting or conference code on the daily attendance slip, if necessary. If attendance certificates are issued at such a workshop, a copy shall be provided to be placed in the employee's personnel file. C. Service Increment Upon completion of ten years employment in this district, a bargaining unit member will become eligible for a service increment equal to 3 times the difference between the base salary in the fiscal year requested and the following fiscal year's base salary when the increment will be paid. For example: 1995/96 Contract Salary $36,737 Less: 1994/95 Contract Salary $35,409 Difference $ 1,328 Service Increment equals $ 3,984 (3 x $1328) 6 This will be granted only once, beyond the tenth year of employment. A bargaining unit member must request the service increment by January 1 st in any given year for payment starting July 1st following the January 1st deadline. In the event of an emergency or compelling situation, the bargaining unit memeber or designated beneficiary and the Assistant Superintendent for Business will mutually agree on a plan of payment. Longevity Effective July 1, 2007, a longevity payment will be granted cumulatively to a member of the unit as follows: • An additional $500 upon completion of eight (8) years or more of service. • An additional $1500 upon completion of fifteen (15) years or more of service. Any bargaining unit member currently receiving the fourteen (14) year longevity payment of $1,200, and who is not yet eligible for the fifteen (15) year longevity, will continue to receive the fourteen (14) year longevity until which time they are eligible for the fifteen (15) year longevity. • An additional $750 upon completion of nineteen (19) years or more of service. ARTICLE VI Incentive The District would welcome participation by bargaining unit members in courses appropriate to the job responsibility and after working hours. In the event the course starts before the workday ends for some office personnel, those employees will be given the opportunity to work out a flexible workday, whenever possible, with their immediate supervisor. The District agrees to the following plan which incorporates a final, nongrievable decision by the Assistant Superintendent for Business whereby bargaining unit memebers may receive payment for professional coursework successfully completed. A continuing payment will be paid to a bargaining unit member, who has completed professional coursework by June 30, 2004, which has the following criteria: 1. Workshops not sponsored by the district must total 16 hours. It could be a series or any combination of workshops in order to qualify for the incentive. 2. Course should be related to improve bargaining unit member's skills, or add other personal skills that would benefit person and district as well. 3. Only courses that are paid by employee and not the district are covered under this incentive. 4. Workshops or courses sponsored by organizations such as, Westchester Community College, Berkeley, Pace, BOCES, Town of Cortlandt and other appropriate private organizations will be acceptable. 5. Courses need not necessarily be for a degree program. 7 6. Only one increment per employee per school year is permitted. 7. If the course is held on a workday, the individual must first secure the approval for the course/conference content, and the time required for said course/ conference, from their immediate supervisor. Having received the same it should be forwarded to the Assistant Superintendent for Business for approval before registration. 8. In extenuating circumstances a phone call to Assistant Superintendent for Business could generate temporary approval until formal documentation is presented. 9. Receipt of payment and certificate or proof of course completed will be necessary to qualify for incentive payment. 10. While no time limit is required in completing the necessary 16 hours, payment will not be added to the salary until the July 1st, following the actual completion. 11. It is the responsibility of the individual secretary to notify the Assistant Superintendent for Business that the requirements have been met for payment. 1. The continuing payment for course work completed prior to June 30, 2004 shall be $425.00. These continuing payments would apply only in each respective year and will not be retroactive (i.e., a one-time payment of $425.00 will be paid for credit earned in 2004-05 only. Payment for professional course work completed prior to July 1, 2004 shall continue according to the provisions of the expired July 1, 2000-June 30, 2003 collective bargaining agreement. 2. The full incentive continuing payment for a part-time bargaining unit member will be added to their salary after the base salary is prorated for part-time service. 3. For a course that receives prior approval from the Assistant Superintendent for Business, a member may receive a one-time stipend of $450. Additionally, the member shall be reimbursed up to the amount of $500 for the cost of tuition, fees and materials. PSP Incentive Receipt of PSP Advanced II and/or CEOE will each qualify for course incentives in the amount of a stipend of $1,000 that is a continuing payment. Receipt of PSP Advanced II and/or CEOE will each qualify for the stipend. Once per year, the District will offer and pay for a minimum of one course. A committee will be formed to determine the topic, and time of the course. Each bargaining unit memeber who successfully completes the course will be paid a one-time incentive of $425.00. Payment will be made in November of the next school year. This amount will be prorated if a member is not able to attend the full course, due to extenuating circumstances. 8 ARTICLE VII Evaluation The District supports the concept of employee evaluations. To that end, a committee will be formed to thoroughly study an evaluation process, format and procedure, mutually agreeable, to be implemented upon acceptance of the committee's final report. Members shall be permitted to examine the contents of their personnel files at reasonable times and to make copies of items therein, except as to anything contained therein which is related to their initial hiring. No complaint or report which is adverse to an employee will be retained in the employee's personnel file unless the employee has been offered an opportunity to read the document and file a written response to be attached hereto. As to complaints or reports that are authored by the member's supervisor, the complaint or report will contain a statement that the member acknowledges receipt of same and is offered the opportunity to respond in writing. It will then be the member's responsibility to draft such a response and supply it to his/her supervisor. In the case of complaints or reports from other than the member's supervisor, the complaint/report shall be given to the member with a cover letter that indicates receipt of the complaint/report and offers the opportunity to respond in writing. It will then be the member's responsibility to draft such a response and supply it to his/her supervisor. ARTICLE VIII Holidays Holidays The bargaining unit receives the fifteen holidays of: Independence Day, Labor Day, Columbus Day, Election Day, Veteran's Day, Thanksgiving, Day after Thanksgiving, Christmas Day, New Year's Day, Martin Luther King's Birthday, Lincoln's Birthday, President's Day, Good Friday, Memorial Day, Additional Holiday to be selected by Holiday Committee. If Yom Kippur is a school holiday, the additional holiday referenced therein will be Yom Kippur. (See Appendix A) If any holiday falls on a day that school is in session for students and/or instructional staff, an alternate day will be chosen by the Holiday Committee and Assistant Superintendent for Business at the time of the Holiday Committee meeting. Calendar Review: The Secretaries Association will annually review the common school calendar with the Administration after the school calendar is adopted in order to select each year's holidays. (See Appendix A) 9 Recesses Effective July 1, 1985, any newly hired bargaining unit member shall be required to work the full number of work days during the recesses (winter, mid-winter, spring) with the exception of one day off, for the first three years of employment. A secretary may use accumulated vacations days, if any, during the recesses. In the fourth year of employment, bargaining unit members will be required to work 1/2 of the number of working days in that recess. (Appendix A) Work Hours 1. Each employee daily hours are to be determined with the immediate supervisor within the following limits: 7-hour day - Full day employees may leave lA hour early on Fridays throughout the year, unless needed, and with the supervisor's permission. 6 Vi hour day - Day prior to a recess and summer (July 1 - August 17, Monday through Thursday. Does not include last week of June and ten (10) working days prior to September 1st) 6-hour day - When school is not in session. 5-hour day - Summer Fridays 2. Audio Visual Technician's: daily hours will vary based on the events that need to be covered on any particular day. Attendance at evening and after school events is required. The Director of Technology will determine the schedule of the Audio Visual Technician each month. 3. Athletic Trainer: 10-40 hours a week beginning at 1:00 PM; some evenings and Saturdays. 4. 6 lA hour day dismissal On a day prior to a recess, bargaining unit members may leave according to the following policy: Normal Working Day 6 Vi Hour Day Working Time Full Day 6 lA Hours 5 Hour Day 4 Hours 4 Minutes 4 Hour Day 3 Hours 45 Minutes WORKING TIMES, 6 lA hour day dismissals are to be arranged by each person with their immediate supervisor, and the approval of the supervisor. 5. If the day before Thanksgiving is a lA day of school, bargaining unit members may leave Vz hour after buses leave building. If it is a full day, bargaining unit members are entitled to lA day during conference or last day of school. (No secretary will be alone in a building except as desired by the individual). (1970-71) Any reduction negotiated in allocated work time shall not be construed to mean a reduction in workload. (1971-72) 10 D. Work Year for the Athletic Trainer: before commencement of Fall Sports (on or about August 20) through the end of Spring Sports (on or about June 7). E. Any ten-month secretary hired after July 1, 2000 will work all teacher days plus days in September preceding the opening of school and the days in June following the end of the school year. In addition, all ten-month bargaining unit members will work 1 FTE day during July or August. This day will be agreed to by both the Administrator and the secretary. F. Unscheduled School Closing - When all buildings in the District have been declared closed due to hazardous conditions threatening the health and safety of students, bargaining unit members should not be expected to report to work. Any bargaining unit member called upon to work on such a day shall be compensated an in-lieu day. Bargaining unit members will not be required to remain in a building that has been closed to all others. ARTICLE IX Vacation With Pay A. Ten (10) days vacation with pay will be granted after one year of uninterrupted service (July 1 to June 30) and for each year thereafter up to five (5). B. An employee beginning service sometime after July 1 will be allowed a prorated vacation for the first year. If employment is before January 1 of the following year, she will be granted a full year credit toward the progressive vacation schedule. C. After the fifth (in the sixth) year of service in the district, 15 days of vacation will be granted with pay for each year thereafter up to eight years. D. After the eight (in the ninth) year of uninterrupted service in the district, twenty (20) days of vacation with pay will be granted for each year thereafter up to thirteen years. E. After the thirteenth (in the fourteenth) year of interrupted service in the district, twenty- two days of vacation with pay will be granted and for each year thereafter. F. After one year of uninterrupted service, vacation time will be prorated for those leaving, assuming satisfactory service and sufficient time in declaring intentions are given. G. Vacation will be taken when the workload permits, sensitive to work responsibilities and with the approval of the supervisor. All reasonable efforts will be made to schedule vacation time in coordination with the supervisor. H. Vacation days shall not be cumulative from year to year. 11 All ten-month employees will receive a prorated vacation, (5/6 of twelve month employees) to be taken at the discretion of the supervisor from September through June, unless otherwise approved by the Superintendent of Schools. The number of vacation days may not exceed the total days available from September through June, when school is not in session. Vacation: Effective July 1, 1973 2 weeks on 5 full years 3 weeks in the 6th through 8th years 4 weeks in the 9th through 13 th years 22 days in the 14th year ARTICLE X Health Insurance For the length of this contract, the Board of Education will provide individual health insurance coverage to the employee with benefits as provided by Putnam/ Northern Westchester Consortium or a plan equal to or better than the current plan. Qualified employees must earn $10,000 per year, or work a minimum of 20 hours per week, and/or have a position in the district that will be at least ten months in duration. All bargaining unit members who choose individual coverage will contribute toward the premium as follows: (Percentage is of the annual premium for each respective year.) 2007-08 a 5% employee contribution 2008-09 a 5% employee contribution 2009-10 a 5% employee contribution All bargaining unit members who choose family coverage will contribute toward the premium as follows: 2007- 08 a 8% employee contribution 2008- 09 a 8% employee contribution 2009- 10 a 8% employee contribution Contributions will be paid through the District's Flex Benefit Plan. Effective July 1, 2007, the District will reimburse eligible employees and any member who retires into the New York State Employees Retirement System after July 1, 2007 for the cost of Medicare Part B coverage. The District will contribute the full individual or family premium of Health Insurance for all eligible retirees and their dependents who have worked ten years or more for the District and who retire prior to July 1, 2009. All employees in the unit hired on or after July 1, 2008 and who worked ten years or more for the District who retire into the New York State Employees Retirement System shall be entitled to health insurance in retirement for themselves and their dependents, they will contribute 5% towards the cost of individual health 12 insurance in retirement and 8% towards the cost of family health insurance in retirement. Any member of the unit hired before July 1, 2008 and who retires from the District into the New York State Employees Retirement system on or after July 1, 2009, and has worked for the District for ten years or more will be eligible for health insurance for themselves and their dependents; these employees shall make a contribution towards the cost of health insurance equal to the dollar amount they were paying upon their date of retirement. 3. Upon hiring or during the open enrollment period (November), individuals with proof of an equal or better plan from another source and who sign a waiver of coverage will be eligible for a lump sum payment of $2,000 at the end of June. (The start-up year will be prorated from October 1.) These moneys are nonpensionable and are taxable. This option is for the entire year and will continue yearly, unless the employee notifies the Assistant Superintendent for Business by June 1 of the year in which a change is desired. Health Insurance is required for all qualified employees. In an emergency situation, as determined by the Assistant Superintendent for Business, should an employee become ineligible to continue coverage under the alternate plan, she may be reinstated in the district's health insurance plan, on the first of the month, following the emergency. ARTICLE XI Retirement 1. The Board of Education will continue for the length of this contract the pension provisions of Sections 75i of the New York State Retirement Program. (20-Year Career Plan.) 2. The Board will continue for the length of this contract the pension provisions now in effect, namely, the provisions of Section 60B and 360 of the New York State Employees Retirement System (Guaranteed minimum death benefit of three times annual rate of pay, but limited to $20,000.) 3. The Board will continue for the length of this contract the pension provisions now in effect, namely, the provision of Section 41J and 34 J of the New York State Employees Retirement System. (Application of unused sick leave as additional service credit upon retirement.) ARTICLE XII Life Insurance 1. Group Life Insurance in the amount of $50,000 for all after one year of employment, basic premium paid for by the District. Premiums for additional benefits absorbed by employee. An employee with less than one-year service may take advantage of the Life Insurance Plan by paying for the entire premium and meeting the insurance company's conditions. 2. Insurance Improvement Plan - An Insurance Improvement Plan to be administered by the District will be implemented with consideration of a self insurance option including dental, 13 life, disability, optical, podiatrist, mammogram, chiropractor, smoker's clinic, wellness program and major medical deductible. a. For each bargaining unit member with at least one year of service, an amount up to but not to exceed the following: 2007-2008: $900; 2008-2009: $950,2009-2010: $1,000. b. The above amount is allocated for each bargaining unit member with one year of service and is not to be construed as available for use by any other individual or group should that amount not be fully used. ARTICLE XIII Leave and Sick Days Procedure for Requesting Employee Absence: Employees requesting absence must make their request to their immediate supervisor, who in turn will be responsible to make a recommendation to the building principal. Immediate supervisor is defined as the building principal except where there is an assistant principal, a department head, a librarian or a school nurse. Section 1 - Sick Leave The following days remain in effect: A. Sick leave shall be given to classified employees without loss of pay as follows: 1. Fifteen days for twelve month classified personnel per year. When an employee in this category has accumulated a credit of seventy-five (75) days, he/she shall accrue at the rate of twenty (20) sick days annually. 2. Ten days for all full-time ten-month classified personnel per year. When an employee in this category has accumulated a credit of seventy-five (75 days, he/she shall accrue at the rate of fifteen (15) days annually. 3. Ten days for all other ten-month employees who work a regular schedule part of every weekday per year. 4. Sick leave will be prorated for all employees whose employment starts after the school year begins and for those who work less than five days a week or less than ten months a year. 5. There shall be an unlimited accumulation of sick days. (1971-72) 6. Doctor's approval of sick leaves must be obtained when requested. 7. Employees who are absent from their duties due to injuries incurred in the course of their employment shall receive full pay during such absence but in no case longer than one year. Any moneys received by the employee from Workmen's Compensation for lost time due to such injury shall be deducted from the salary payments. Absence due to injury incurred in the course of employment shall not be charged against sick leave until one year from the date of the injury. 14 8. Additional time, without loss of pay, may be granted at the discretion of the Board upon the recommendation of the Superintendent of Schools. 9. Physical examinations are not required, but may be requested every three years by the employee or employer. In either case, not more than 1/3 of the Association's membership may request or be requested to have the physical in one year. These physicals will be done by the school doctor, family doctor or an approved medical group. Physicals done by the school doctor will be paid in full by the Board. All other physicals not covered by health insurance will be reimbursed only up to $100. Section 2 - Leave for Sickness in the Immediate Family A. When an absence of an employee is necessary due to sickness in the immediate family, absence up to a maximum of five days per year may be allowed without loss of pay or leave time if approved by the Superintendent of Schools. Immediate is defined as follows: 1. Children of employee 5. Other relatives who reside in the 2. Parent household 3. Husband, wife, or domestic partner 6. In-laws 4. Brothers or sisters 7. Grandparents B. Unused days are not to be accumulated from year to year. Section 3 - Leave for Death in the Family A. All employees shall be allowed leave without any loss of pay or leave time for absences up to and including the day of the funeral for a member of the immediate family. Leave may be extended if approved by the Superintendent of Schools. B. Absence to attend the funeral of a relative other than a member of the immediate family such as an aunt, uncle, niece, nephew, in-law, grandparent, friend will be allowed without loss of pay or leave time. In extenuating circumstances, an additional day may be allowed if approved by the Superintendent of Schools. Section 4 - Personal or Cogent Leaves Leaves may be granted subject to the approval of the Assistant Superintendent for Business or their building administrator without loss of pay or leave time not to exceed five days per year. Three (3) days advance notice is required for four (4) out of five (5) personal leave days. Bargaining unit memebers will have unused personal days added to their accumulated sick leave. Such leaves are intended to be used for: 1. Extraordinary weather conditions when intent and effort have been shown 2. Court appearance or signing legal documents 3. Personal or family business appointments 4. Graduation or transporting children to and from college 5. Marriage 6. Appointment with doctor for employee or a member of his immediate family 7. Other extraordinary requests to include one day for a compelling reason not specifically identified. In this case the request must be in writing and approved by the Assistant Superintendent for Business, except in case of emergency where direct notification to the Administration is acceptable. Approval for the non-specified day will not be 15 granted on the days preceding or following a vacation period, except in extenuating circumstances. Section 5 - Jury Duty Any employee who is summoned to jury duty shall immediately notify the Superintendent of Schools. Leave will be granted without any loss of pay or leave time. The employee shall pay over to the Board of Education all remuneration received for such service except transportation allowance. Section 6 - Salary Deductions on Deducting Absences All leaves other than those defined above shall be termed illegal. Where the need for such a leave can be foreseen, the prior approval of the Superintendent of School shall be obtained. Deduction for illegal absences and absences beyond all accumulated leaves will be as follows: 1. The established daily rate of pay for ten-month employees for each day of deductible absence. 2. The established daily rate of pay for twelve-month employees for each day of deductible absence. In this case the daily rate of 1/260 of annual salary; 52 weeks x 5 days = 260. Section 7 - Leave Without Pay All members of the HHESA will be covered by the provisions of the Family and Medical Leave Act of 1993. Provisions of the Act will be attached to HHESA contract. Two (2) months advance notice of intent to return required as a condition for employees granted leaves of three (3) months or more. Section 8 - Child Care Leave Employees covered under the HHESA contract and who are employed as a secretary for a minimum of one year can apply for up to 12 months childcare leave without pay. The employee must give 30 days advance notice to their direct supervisor of such leave. Upon return the employee will return to the same position. Upon return, a 12-month employee will not be entitled to the next contractual salary increase if the leave is more than 6 months; a 10-month employee will not be entitled to the next contractual salary increase if the leave is more than 5 months. Section 9 - It is recognized that the Board has the ability to grant additional sick leave days to those members who are suffering from a serious medical illness or injury and who has exhausted his/her accrued sick leave and who apply for same. Such grant of days shall be at the discretion of the Superintendent of Schools and the decision as to said grant may not be grieved or other wise challenged in any proceeding. 16 Article XIV Auto Damage Malicious mischief is willful destruction of or damage to personal property of a member of the HHESA while engaged in professional activities on school property. Professional activity is defined as activity conducted within the school building or when the employee is engaged in a school sponsored activity. Members of HHESA shall report the damage to the local police. HHESA members and administrators will cooperate in identification and prosecution of the offenders. It is preferable to have the damage verified by at least one other person at the scene. In the event the HHESA is not covered by comprehensive liability insurance, the limit of the District's liability will be $200. ARTICLE XV Effect of this Agreement A. This Agreement may be altered or modified only through the voluntary, mutual consent of the two parties in a written and signed amendment to this agreement. B. This Agreement shall supersede any rules, regulations or practices of the Board of Education which shall be contrary to or inconsistent with its terms. The provisions of this agreement shall be incorporated into and be considered part of the established policies of the Board of Education. ARTICLE XVI Compatibility with Law Section 1 - Savings Clause If any provision of this Agreement or any application of the Agreement to any bargaining unit member or group of bargaining unit members shall be found contrary to law, then, such provision or application shall not be deemed valid and binding except to the extent permitted by law, but all other provisions shall continue in full force and effect. Section 2 - Mandatory Provision Notice as provided by Section 204-A of the New York State Public Employees Relation Act. "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." 17 ARTICLE XVII Duration of Agreement The term of the contract shall be for three (3) years, and shall be effective July 1, 2007, and shall continue in effect through June 30, 2010. Hendrick Hudson Educational Boaf^ of Education Secretaries Association . / A _ Co-President Assistant Sjtfperigftendent for Business Dated Co-President ( ) Dated £j£\ jd^ 18 ARTICLE XVIII Grievance Procedure A. Declaration of Policy In order to maintain a harmonious and cooperative relationship among all employees and between employees and the Board of Education which will enhance the educational program of the District, it is hereby declared to be the purpose of these procedures to provide a means for orderly settlement of differences, promptly and fairly, as they arise and to assure equitable and proper treatment of employees pursuant to established laws, rules, regulations, practices and policies of the District and this Agreement. They are not designed to be used for changing such rules or establishing new ones, except to the extent that changes or additions might result from decisions made under this Grievance Procedure. B. Definitions 1. A "grievance" shall mean a claimed violation, misinterpretation or inequitable application of provisions of this Agreement which relate to or involve any employee or employees which has not been solved by normal discussions among employees and administrations. 2. The "Association" shall mean the Hendrick Hudson Educational Secretaries Association. 3. The terms "grievant" or aggrieved shall mean an individual employee, or where applicable, a group of employees, or the Association. 4. The word "days" shall mean, except where otherwise indicated, working days. 5. The term "immediate supervisor" shall mean the Administrator of the building or the office. C. General Provisions 1. An employee shall have the right to present grievances in accordance with the procedures, free from coercion, interference, restraint, discrimination or reprisal. 2. An employee shall have the right to be represented at any step of the procedure by anyone of his choice. Any fees charged by such a person or persons shall be borne by the employee. 3. Each party to a grievance, and the Association, shall have access at reasonable times to all written statements and records pertaining to such a case. 4. All hearings shall be held in private session unless otherwise mutually agreed. 5. It shall be the responsibility of the Superintendent of Schools to take such steps as may be necessary to give force and effect to these procedures. Each person to whom a grievance is presented shall have the responsibility to consider promptly each such 19 grievance and to make a determination within the authority delegated to him within the time specified in these procedures. 6. Conferences or hearings held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons entitled to be present to attend. When such conferences are held during working hours, all persons who participate shall be excused without loss of pay. 7. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. The time limits specific in any step of this procedure may be extended, in any specific instance, by mutual agreement. If one of the parties shall be required to be out of the District on school business, such absence shall not be counted as lapsed time. 8. The Association has the right to initiate or appeal a grievance. Such grievance shall be initiated at the appropriate step of the grievance procedure and may if necessary, be approved through succeeding steps of the grievance procedure according to the time limits and other conditions specified for such succeeding steps. 9. Where a group of Employees have a common grievance, the President of the Association, in the name of the Association, acting on the employees' request, may initiate a group grievance on their behalf by filing a written grievance at the appropriate step of the grievance procedure. If necessary, the Association may appeal the grievance through succeeding steps of the grievance procedure according to the time limits and other conditions specified for such succeeding steps. 10. Where a grievance involves an act or condition over which an immediate supervisor is without power or authority to act, including but not limited to Salary or Leave agreements or policies, a grievance may be initiated with the Assistant Superintendent for Business at Step 2 of the grievance procedure and may, if necessary, be processed through the 5th Step. 11. The Board of Education through their administrators shall have the right to bring a grievance against an employee or the Association. Following the Board's written notice of a grievance, under the time limit for initiation of employee grievances in subdivision 13 of the General Procedures of the Grievance Procedure, a conference shall be held within 10 days between the Board and the party aggrieved against with a view to arriving at a mutually satisfactory resolution of the grievance. At such conference, the Board, the Association and the party aggrieved against shall be entitled to be represented and to be heard and all parties shall have at least two days notice of the time and place of the conference. The party aggrieved against shall report its decision in writing to the Board of Education within 10 days of the conference. If the Board is not satisfied with the decision, it may, within ten days, file a notice of arbitration under the requirements 20 spelled out for employee notice of arbitration in Step 5 of the Grievance Procedure. The arbitration procedure and decision process of Step 5 of the Grievance Procedure shall govern the disposition of the grievance. 12. When a grievance is satisfactorily adjusted at any one of the steps of the procedure, the grievance shall be deemed to be settled, and the settlement shall be so noted on a report signed by both parties, together with the terms of the adjustment. 13. Grievances must be presented within 15 working days after the cause of the grievance arises unless it is impossible for the employee to know he has a grievance, in which case, a grievance may be presented within 15 working days from the date when it was first possible for him to have such knowledge. In the event a grievance is filed late in the school year so that sufficient time as stipulated under all the steps of the procedure might not be provided should it be necessary to pursue the grievance through the final step, all parties will be expected to make special effort to expedite the grievance. In any event, the grievance shall be consummated under the terms of this agreement and this article, and not under a succeeding contract or agreement. 14. Nothing contained in this article or elsewhere in this agreement shall be construed to deny to any employee his rights under Section 15 of the New York Civil Rights Law or under the State Education Law or under applicable Civil Service Laws and Regulations or applicable Federal and State Laws. D. Procedures for Grievance Adjustment Step 1 Any employee considering himself aggrieved may, either orally or in writing, present a grievance to his immediate supervisor within the time limit specified in subdivision 13 of the General Provisions of this Grievance Procedure. The aggrieved employee and the immediate supervisor shall confer on the grievance within five days with a view to arriving at a mutually satisfactory resolution of the grievance. At the conference, the aggrieved employee may appear personally or he may be represented by an Association representative or other representative, but where the aggrieved employee is so represented, he nevertheless must be present. Any grievance thus presented which involves the terms of this agreement, either in application or interpretation, or which would affect the working conditions or the welfare of the employees in the negotiating unit, shall entitle the Association to be present through a representative to state the views of the Association. If the grievant indicates in writing his intention to continue the grievance, his immediate supervisor shall advise the President of the Association of the existence of a grievance to allow the Association to designate a representative to attend the conference, and he shall give the Association and the grievant two working days notice of the time and place of such conference. The immediate supervisor shall communicate his decision and supporting reasons in writing to all persons present at the Step 1 conference within five working days after the conference. Step 2 If not settled pursuant to the foregoing procedure, the grievance may be appealed to the Assistant Superintendent for Business within five (5) working days after receipt of the decision in Step 1. The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be 21 accompanied by a copy of the decision at Step 1. It shall also state the name of the grievant's representative, if any, and the representative of the Association present at Step 1. The Assistant Superintendent for Business shall meet and confer with the aggrieved employee with a view to arriving at a mutually satisfactory resolution of the grievance. The aggrieved employee with a view to arriving at a mutually satisfactory resolution of the grievance. The aggrieved employee and the Association's representative shall be given at least two (2) working days notice of the conference and an opportunity to be heard. Notice of the conferences shall also be given to the immediate supervisor of Step 1, who may be present to state his views. The employee's and the Association's rights to be heard and represented shall be as stated in Step 1, except that the Association may designate a different representative at this step, if necessary. The Assistant Superintendent for Business shall communicate her decision in writing, together with her supporting reasons, to the aggrieved employee, to the Association representative and to the Step 1 immediate supervisor within ten (10) working days after receiving appeal. Step 3 If not settled pursuant to the foregoing procedure, the grievance may be appealed to the Superintendent within five (5) working days after receipt of the decision in Step 2. The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be accompanied by a copy of the decision at Step 2. It shall also state the names of the grievant's representative, if any, and the representative of the Association present at Step 2. The Superintendent shall meet and confer with the aggrieved employee with a view to arriving at a mutually satisfactory resolution of the grievance. The aggrieved employee and the Association's representative shall be given at least two (2) working days notice of the conference and an opportunity to be heard. Notice of the conferences shall also be given to the immediate supervisor and the Assistant Superintendent for Business, who may be present to state their views. The employee's and the Association's right to be heard and represented shall be as stated in Step 1, except that the Association may designate a different representative at this step, if necessary. The Superintendent shall communicate his decision in writing, together with his supporting reasons, to the aggrieved employee, to the Association representative, the Assistant Superintendent for Business and to the immediate supervisor within ten (10) working days after receiving the appeal. Step 4 If not settled pursuant to the foregoing procedure, the grievances may be appealed to the Board of Education within five (5) working days after the decision is received in Step 3. The appeal shall be in writing, shall set forth specifically the reasons for the appeal and shall be accompanied by a copy of the appeal and decision at Step 3. It shall also state the names of the grievant's representative, if any, and the Association representative present at Step 3. Notification of the hearing on the appeal, and the grievant's and the Association's rights to be heard and represented shall be as stated in Step 1, 2, and 3, except that the appeal must be heard within ten (10) working days of the Board's receipt of the appeal. Notice of the hearing and an opportunity to be heard shall be given to the Superintendent and the immediate supervisor of Step 1, if any, involved. The Board of Education shall render a decision within ten (10) working days of its hearing on the appeal. The decision shall be immediately transmitted by the representative who participated in this step, as well as the Superintendent and the immediate supervisor of Step 1, if any involved. 22 Step 5 - Arbitration If not settled pursuant to the foregoing procedure, the grievant may submit the grievance to an arbitrator for decision. The proceeding shall be initiated by the grievant's filing of a notice of arbitration with the Board of Education and with the Public Employment Relations Board, if it is providing grievance arbitration service, otherwise, with the American Arbitration Association. The notice shall be filed within ten (10) working days after receipt of the decision of the Board of Education in Step 4. The notice shall include a statement of the nature of the grievance and the facts relating to it, a statement setting forth precisely the issue to be decided by the arbitrator, copies of the decisions and supporting reasons on the grievance up to the time of the arbitration appeal and copies of all other documents, exhibits and information. The Arbitration agency shall appoint an arbitrator to serve in the case and its arbitration rules shall apply to the proceedings insofar as they relate to any hearings, fees and expenses. The arbitrator shall hold a hearing, unless such hearing is waived by the parties within fourteen (14) working days after being appointed. This time limit may be extended by mutual agreement of the parties involved. The arbitrator shall give at least five (5) working days notice of the time and place of such hearing to the grievant, the Board of Education, the Superintendent, the Association, and the immediate supervisor of Step 1, if any involved. The arbitrator shall issue his decision not later than fourteen (14) working days from the date of the closing of the hearings or, if oral hearings have been waived, then from the date of transmitting the final statement and proofs to the arbitrator. The decision shall be in writing and shall set forth the arbitrator's opinion and conclusions on the issues submitted. The arbitrator shall limit his decision to matters specified in the "grievance" definition of this procedure, and to any remedy, if appropriate, which is not inconsistent with this agreement and is not contrary to law. However, he shall be without power and authority to make any decisions which are: a. Contrary to or inconsistent with, or modifying or varying in any way, the terms of this agreement. b. Involving Board of Education discretion or policy under the provisions of this agreement, except that he may decide in a particular case, involving Board discretion or policy, whether or not the Board applied such discretion or policy in a discriminatory fashion, i.e., in a manner unreasonably inconsistent with the general practice of the District in similar circumstances. The decision of the arbitrator will be accepted as final by the parties to the grievance dispute, and both will abide by it. The costs of arbitration will be borne equally by the parties to the grievance dispute. 23