Local 407 – CMSD Contract Digest
CAUTION: This is a summary of Articles and provisions of the District’s
collective bargaining agreement with Teamsters Truck Drivers Union, Local
407, International Brotherhood of Teamsters. Details and nuances are by
necessity omitted. Reference to this summary is not a substitute for review
of the actual contract provisions in their entirety. Furthermore, reference
to this summary and any notes herein is NOT a substitute for legal advice
and shall not be construed as legal advice. If you have questions or
concerns, consult with legal counsel.
Article I Recognition
1.1
District recognizes Truck Drivers Union, Local 407, I.B.T. (the Union) as
exclusive collective bargaining representative of all school bus drivers and attendants.
Article II Union Membership, Dues Checkoff and Fair Share
2.1: Union Membership: Current members remain; non-member/new employees
may become members. Payment of union dues condition of remaining in good
standing.
2.2: New Hires: District to notify Union of new hires within ten (10) days.
2.3: Dues Checkoff: Process of employee authorizing District to deduct dues, to
continue unless revoked or changed in writing. Dues deducted in any month shall be
paid by the 15th of the following month.
2.4: Fair Share Provision: Employees who do not join or remain in good standing
with Union required to pay a “fair share service fee” not to exceed union dues; does not
require union membership; District to deduct; automatic, written employee
authorization not required.
2.5: Bona Fide Religious Exemption: Rights and privileges preserved in
accordance with R.C. 4117.09(C).
2.6: Rebate Procedure: (1) Internal advanced fee reduction procedure established in
accordance with R.C. 4117.09(C). (2) Procedure for challenging amount of fair share fee
has been established. (3) Procedure and notice to be legally compliant. Union to
provide District copies of communications with fair share fee payers within thirty (30)
days, except for specified information.
2.7: D.R.I.V.E.: District agrees to deduct voluntary bargaining unit member
contributions to I.B.T. D.R.I.V.E. to notify District of amounts. District to transmit one
check monthly to D.R.I.V.E. national headquarters. I.B.T. to annually reimburse
District for costs of administration. Note: Per the Teamsters website, D.R.I.V.E.
stands for Democrat, Republican, Independent Voter Education.
Article III Scope of Representation
3.1: Limited to wages, hours, or terms and other conditions of employment, and
provisions of the Agreement. District retains right to consult with Union on matters
outside the scope of representation provided that any agreement is reduced to writing,
“embodied” in Agreement, and binding on both parties. Does not restrict District’s
Article VI management rights.
Article IV Procedures for Conducting Negotiations
4.1: Negotiating Teams: District’s representatives meet with Union’s representatives.
Union’s team to consist of six (6) individuals, not more than two (2) from any one depot,
members to be released to negotiate from conflicting scheduled work, Local 407 to pay
wages. Teams have right to make and consider proposals and determine items
acceptable to both parties. No final Agreement to be executed until ratified.
4.2: Confidentiality: Team representatives may make interim reports to their
constituencies, regarded as proposals, confidential. Negotiations are confidential.
4.3: Negotiations in Accordance with Law: In accordance with R.C. 4117.
4.4: Request to Commence Negotiations: Either party may, within ninety (90)
days of expiration. If neither requests, Agreement continues in effect from year to year.
Article V No Discrimination
5.1: No bargaining unit member shall be subject to adverse or favorable employment
action because of political views/affiliation; there shall be no unlawfully discrimination.
5.2: District and Union shall not take any form of adverse action against employees
based on Union membership status or engaging in or not engaging in Union activity.
Article VI Management Rights
Management Rights
District’s sole and exclusive retained management rights listed in nine paragraphs
lettered (a) through (i). Essentially, the District has the right to manage operations in
any lawful manner not in violation of express terms of the parties’ Agreement. In
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paragraph (j) District agrees not to expand subcontracting in a manner resulting in job
loss and agrees not to fill open positions by subcontracting. Present subcontracting
remains in place.
Note: “Job loss” does not mean mere loss of extra work or overtime. As
established by arbitral decision, the District has the right to subcontract
work such as transportation of student athletes to athletic events; loss of
the possible overtime opportunity to do such work does not constitute “job
loss” within the meaning of this provision.
Article VII Employee Rights
7.1 Personnel Files
7.1 A: Personnel files maintained, where. Employee files kept by supervisors not to
contain anything not in main personnel files.
7.1 B: Employees to be provided copies of derogatory writings within ten (10) days of
placement into personnel file. Person placing shall sign and date. Employee entitled to
initial and date material and place written response in file. Employee may grieve to
remove unjust derogatory from file.
7.1 C: Employee has right to review/obtain copies of personnel file during down time
but regular office hours, certain material excepted. Inspect within five (5) days of
request. Not permitted to add, take, or alter documents.
7.1 D: Confidentiality of personnel file; authorized inspection, when; available upon
request as required by law; violation of provision may result in discipline.
7.1 E: Bargaining unit members not to be asked to file information in personnel files.
7.2 Personnel Evaluations: Bus drivers and attendants evaluated at least twice
annually; opportunity to discuss; placement of unsubstantiated content prohibited;
negative evaluations may include recommendations for improvements and assistance;
review rights per 7.1 B.
7.3: Upon supervisor’s request, employee shown or receiving copy of derogatory
material shall sign and date signifying receipt and review, not agreement.
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Article VIII Union Rights
8.1: Access to Work Areas, Bulletin Boards, and District-owned Facilities
8.1 A: Authorized Union agents have access to work areas to adjust disputes, investigate
working conditions, ascertain contract compliance. Union member permission with
prior approval to be released to participate in District/Union matters.
8.1 B: District to provide Union bulletin board(s) confined to use for official business.
8.1 C: Bargaining unit members right to use of District facilities, etc., limitations.
8.1 D: Union right to make facility construction recommendations.
8.1 E: Elected/appointed Union officials to be considered spare drivers or attendants,
most junior spare if insufficient seniority; to be granted leave without pay, fringe
benefits, discrimination, or loss of seniority; District to arrange maintenance of driving
certifications in accordance with law.
8.2 Union Rights to Information
8.2 A: District to supply Union “hire date” and seniority roster every six months,
information to be included, District to notify by letter to Union of new hires.
8.2 B: District to provide Board meeting agenda, allow Union representative to attend.
8.3: Orientation Sessions: District to allow Union to present on Agreement to
existing and new employees.
8.4: Printing of Contract: Union assumes responsibility; parties share cost; Union
responsible to provides booklet copies without charge to bargaining unit members.
Article IX Stewards
9.1: Stewards’ Duties: District recognizes Union right to designate, limited duties
and activities set forth in A – C.
A: May investigate and present grievances; may access personnel files upon written
employee release each time, to investigate and present grievances.
B: May access employee personnel files, payroll records, and any public information to
investigate and present grievances.
C: Transmission of messages and information to originate with/be authorized by Union.
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9.2: Release Time: Paid release time to be granted to up to two Union Stewards at
each Depot to conduct Union business and hearings, not to exceed ten (10) hours per
week per Steward; non-driving time unless pre-approved; for Union activity only, not to
be unreasonably withheld; if impossible, cooperate to allow makeup time; Steward
spares’ option to be last spare sent; release time does not count toward overtime; not
granted if disrupts normal operations or Stewards’ own routes.
Disciplinary meetings/hearings during employee's regular working hours whenever
possible. If outside, employee compensated for time.
Article X Bargaining Unit Work
10.1 Bargaining Unit Work:
10.1 A: Driving of District school buses to transport students, past practices excepted.
10.1 B: General interior bus cleaning during summer months; emergency spot cleaning;
daily responsibility of drivers to sweep and maintain clean assigned buses.
10.1 C: Exterior bus cleaning, outside contractor and summer student work excepted.
10.1 D: District to fairly enforce this provision.
10.2: Rights of Bargaining Unit Upon Change in the School District: Shall not
affect rights of members or status of Union, Agreement binding on any new governing
board which employs current members; any new groups go to bottom of seniority list.
Article XI: Labor-Management Committee
11.1: Established to confer on matters of mutual concern excluding grievances/ Agenda
to be submitted by requesting party five (5) days before meeting. No more than four (4)
Union representatives including Local President/designee, unless agreed. No more than
once a month, unless agreed. Union refusal/non-response to District request as waiver.
Article XII Grievance Procedure
“Grievances” are disputes over interpretation, application or alleged violation of the
agreement.
“Days” are calendar days; “work days” are Monday through Friday except holidays.
Note: Care should be taken to correctly calculate time limits based on
specified numbers of “days” or “work days.”
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Specified days are maximum number of days. Time may be extended by mutual
agreement. Time requested is deemed agreed to unless other party objects in writing
within five (5) days.
District must comply with time limits within ten (10) days and provide information or
“any grievance action by the District” will be automatically dismissed. Union must
comply with time limits within ten (10) days or any grievance/action will be
automatically dismissed.
Union gives notice to District to the hearing officer at next step of the grievance
procedure. District gives notice to Union President.
Employees have right to Union representation at all stages of the grievance procedure.
Employees have right not to answer questions when answers might be incriminating
(Garrity rights.) Employee has right to legal counsel of own choosing at own cost.
Union has right to be present at all stages.
Thirty (30) day time limit to file a grievance from time aggrieved party knew or
should have known about event giving rise to the grievance. After that grievance
considered waived unless continuing in nature.
Article 10 spells out FOUR Step Grievance Procedure.
STEP ONE: grievances (disputes over interpretation/application of provisions affecting
terms and conditions of employment) presented in writing to Deputy Chief of
Business Operations within thirty (30) time limit. Grievances have to be adjusted
or answered in writing delivered to Union and grievant within six working days
of hearing, stating rationale for decision.
STEP TWO: grievance may be appealed to Director of Labor Relations within six (6)
working days if STEP ONE answer unsatisfactory. If STEP ONE answer is late,
Union/employee option to wait or proceed to STEP TWO. District can postpone a
decision with written notification to Union with a mutually agreed timeline to render
decision. Director of Labor Relations to hold STEP TWO hearing within six (6)
working days. Both sides may present evidence and testimony, provided District can
support termination only through witnesses where possible, excluding students. STEP
TWO response must be sent to Union and grievant within ten (10) working days,
must state specific grounds, evidence, and reasoning.
STEP THREE: eleven (11) paragraphs, mediation. Parties agree to mediate
grievances not resolved at STEP TWO before arbitrating. Single mediator selected by
agreement or through FMCS. Two Union representatives, all necessary witnesses
receive regular pay, held during working hours. Grievances appealed to arbitration may
be mediated by mutual agreement. Suspensions/discharge grievances have scheduling
priority. Parties notify FMCS of agreement to mediate, cooperate in arranging.
Grievant entitled to attend. Parties must waive contractual time limits. Informal, rules
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of evidence do not apply, no record, mediator’s notes confidential. Mediator may meet
together or alone with parties, may not compel resolution, may provide spoken advisory
opinion in joint or separate session. If unsuccessful may proceed to arbitration.
Nothing said during or documents prepared for mediation may be used in arbitration.
Employees suspended for ten (10) working days or less may skip STEP ONE and file
written request for a STEP TWO hearing before Director of Labor Relations, which shall
be held within forty-eight hours of filing.
STEP FOUR:
(A) Union has right to submit a grievance unresolved at Step Two to arbitration by
notifying the District within thirty (30) work days of the date Step Two
answer is received by grievant that matter will be arbitrated. Arbitrator fees
and expenses and cost of arbitration are borne equally by the parties. “The Union
shall pay for its arbitration witnesses.”
(B) Arbitrator issues written decision and award final and binding on the parties.
Arbitrator prohibited from making any decision or award adding to, subtracting
from, or modifying any provision of Agreement or that is contrary to law.
(C) Held in Cuyahoga County.
(D)Arbitrator selected through the FMCS.
A.
Union may ask for expedited arbitration of any non-class action issue for
which the District may immediately impose discipline. Parties contact FMCS
within twenty-four (24) hours. Upon parties’ mutual request, decision to be
issued within seven (7) days of hearing. Parties may mutually agree to choose
another expedited procedure.
B.
Class actions may be submitted to expedited arbitration by mutual
agreement.
C.
Grievance impacting five (5) or fewer bargaining unit members is nonclass action.
Arbitration provision supersedes and prevails over any Civil Service procedure.
Article XIII: Discipline
Five sections lettered ‘A’ through ‘E’:
A: Just cause required to discipline, demote, suspend, or discharge.
B: Progressive discipline required; lower penalties may be bypassed for serious
offenses.
C. Twelve (12) numbered steps explain process for termination or
suspension without pay:
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1. Administrator conducts and completes preliminary investigation and notifies
employee of determination within twenty (20) days of becoming aware of
possible disciplinary infraction.
2. If determined there has been a disciplinary infraction that may lead to
suspension without pay or termination matter proceeds to a fact finding held by
appropriate Deputy Chief or Executive Director.
3. Employee and Union to receive notice of the allegations, right to Union
representation, and copies of any written evidence related to allegations.
4. Fact finding hearing to be held within reasonable time after employee and Union
receive written notice of the allegations, but not less than forty-eight (48) hours.
5. Employee entitled to meaningful opportunity to respond to allegations.
6. Deputy Chief or Executive Director must notify employee and Union of
recommendation on discipline not later than ten (10) days after fact
finding hearing.
7. If termination or suspension without pay recommended, CEO or designee
reviews evidence to determine whether recommended discipline is warranted.
8. CEO makes any recommendation of termination or suspension without pay at
next scheduled meeting of District Board of Education.
9. Board may adopt or modify but may not increase CEO’s recommended penalty.
10. Board required to notify employee and Union of its decision.
11. Termination or suspension without pay is effective immediately provided that
suspensions of less than thirty (30) days are not imposed until the grievance
procedure including arbitration is exhausted, except for reasons of mental or
physical incapacity or reasonably suspected criminal or moral violations.
12. Discipline may be appealed through the grievance procedure.
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Employees may not be disciplined for refusing to answer questions when the
answers might incriminate them (Garrity rights.)
Employees have the right to Union representation during investigatory
interviews pertaining to potential discipline (Weingarten rights.)
Note: all bargaining unit members have the right to Union
representation during investigatory interviews even if they
themselves are not being investigated.
D. In-house suspensions served by working hours of bidded time package.
E. Warning notices for absence and tardiness remain in effect for twelve (12) months
but limit does not apply in discipline of discharge arbitration for absenteeism or
tardiness within five (5) years.
Article XIV Points on the Driver’s License
14.1: Drivers accumulating more than six (6) points during any two consecutive years
shall be discharged.
Drivers accumulating points while driving for District: two (2) points during any two
consecutive years shall receive verbal warning; four (4) points written warning; five
or six (5 or 6) points five (5) day suspension and mandatory retraining.
Unpreventable points due to snow and ice conditions or faulty equipment do not count
toward discipline. District to notify drivers of changes in law affecting drivers’ licenses.
14.2: Accidents:
Four lettered paragraphs; paragraph B has five subparagraphs.
A: Serious chargeable accidents, defined as resulting in death, personal injury, or
property damage of ten-thousand dollars ($10,000) or more may result in suspension,
discharge, or reclassification to Attendant position if available.
B. Discipline for chargeable accidents in any two (2) year period: 1) first up to $2,500
written warning; 2) first in excess of $2,500 three (3) day suspension and retraining; 3)
second up to $2,500 three (3) day suspension and retraining; 4) second in excess of
$2,500 five (5) day suspension and retraining; 5) third of any amount termination or
reclassification on a case-by-case basis.
C. Unpreventable points due to snow and ice conditions or faulty equipment do not
count toward discipline.
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D. Parties to maintain Standing Accident Review Committee; composition; allows
drivers to appeal preventability determinations; accident investigation training; factors
to consider, use of outside professionals; determination by Director of Transportation
when impasse; determination may be grieved.
Article XV Employee Disclosure Requirements
15.1 Disclosure of Accidents and Traffic Violations: Driver obligation to report
moving violations and changes in C.D.L. status. Six (6) point violations to be reported
next scheduled work day. License suspensions to be reported as soon as known.
Discipline in accordance with Article XIII.
15.2 Disclosure of Criminal Violations: Requirement to disclose guilty pleas or
convictions of specified felony offenses and other specified criminal offenses other than
minor misdemeanors; discipline up to termination for failure to report; conviction not
absolute bar, District’s retained absolute discretion to terminate for future felony
convictions.
Same disclosure requirements/discipline for failure to report/retained discretion apply
to guilty pleas or convictions of any offenses specified in R.C. 3319.39.
15.3 Disclosure on Employment Application: District right to take appropriate
disciplinary action for untruthful or incomplete disclosure.
15.4 Disclosure of Arrest Warrants: Employee disclosure mandatory; employee to
resolve as soon as possible, may use vacation or restricted special privilege day to
resolve; if arrested not allowed to return to paid status until documented resolution.
15.5 Pre-Employment Criminal Background Investigation: Pursuant to R.C.
3319.39 offers of employment are conditional on completion of criminal record check
revealing no listed criminal convictions.
15.6 Employees hired prior to October 29, 1993 grandfathered.
conditionally hired otherwise subject to terms of Agreement.
Employees
Article XVI Equipment and Safety
16.1 Safe Buses: No unsafe vehicles to be dispatched; drivers not required to transport
children in unsafe vehicles. Employees to immediately report safety concerns,
supervisors to take steps to ensure vehicle safe. Final decision remains with
management with advice of maintenance supervisor. Upon driver request verbal or
written verification to be supplied that vehicle is safe to drive. Unsafe vehicle to be
identified as such. No discrimination for reporting safety issues.
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16.2: Pre-trip Inspections: Job of pre-trip inspection to be posted, awarded to most
senior available driver signing for, hours become part of bid position. If insufficient
bids, assigned to least senior Lead Driver I or II.
Article XVII Seniority
17.1 Seniority Defined: Seniority prevails to extent permitted by law not inconsistent
with terms of agreement.
17.1 A: Defined as length of continuous employment from most recent date of hire.
17.1 B: Within classification runs from most recent date of entry into.
17.2: Seniority Lists: Lists to be posted at each depot: 1) job classification, systemwide; 2) job classification, by depot; 3) interns, system-wide; 4) interns, by depot.
17.3: Seniority for Drivers and Attendants Hired in Mass: Drivers and
Attendants hired on the same date are placed on seniority list by 1) date of hire; 2) date
of system seniority; 3) date of application; and 4) time of application.
17.4 Job Classifications and Order of Progression: Six (6) classifications:
Attendant, Driver Trainee, Intern Driver, Professional Driver, Lead Driver II, Lead
Driver I.
17.4 A Attendant: Assists driver in transportation of students with disabilities.
Attendants obtaining school bus drivers certificates accepted as regular school bus
drivers placed at bottom of bus driver seniority list.
17.4 A (1) Lead Attendants: If summer work assigned up to three (3)
attendants designated Lead Attendants based on seniority. Remain classified as
10-month employees; guaranteed eight (8) hours a day during summer school
only. When summer school unavailable, three (3) bus cleaning positions shall be
available for bid by Lead Attendants.
17.4 B Driver: Progression is from Driver Trainee to Intern Driver to Professional
Driver to Lead Driver II to Lead Driver I.
17.4 B (1) Driver Trainee: Hired to train to become bus drivers. Upon
successful completion of training added to substitute list, intern list by
appointment. Must complete training within forty-five (45) days of completing
classroom time. Transport students only in emergency.
17.4 B (2) Intern Driver: Spot or on-call only, fill in on emergency basis, no
regular schedule, driver pay rate but no fringe benefits. Own seniority list for
calls to drive. Appointment to Professional Driving positions by seniority.
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17.4 B (3) Professional Driver: Works school year only.
17.4 B (4) Lead Driver I: 12-month driver, 8-hour days.
17.4 B (4) (a): Option to decline summer work.
17.4 B (4) (b): If decline summer work, vacation based on 12-months of
employment.
Lead Driver II: 10-month driver, 8-hour days.
17.4 B (5): If medically disqualified or temporarily totally disabled, may serve in
vacant attendant position before any outside hires. If no vacancy, laid off,
recalled by seniority to vacancies, go to bottom of seniority list. When requalified
return to original seniority date/slot.
17.5 Probationary Period
A. Sixty (60) work days. For Attendants begins on date of employment. For
Drivers begins upon receipt of C.D.L., includes time in training and/or as
substitute. Does not include summer days not scheduled to work. No seniority
rights during, no recourse to grievance procedure if discharged or laid off during.
Once completed, system seniority runs from date of hire, classification from date
of entry into. Job performance evaluated during, employee to be informed if
unsatisfactory. Employee to be notified of discipline or discharge and reasons for
during.
B. Employees with system seniority who change classification accumulate no
seniority in new class for first ninety (90) days; upon completion acquire
seniority in new class, lose seniority in former.
Article XVIII Work Schedule
18.1 Lead Drivers
A. Lead Driver I work twelve (12) months, eight (8) hours a day; Lead Driver II work
ten (10) months, eight hours a day. Regular work week for both is five
consecutive days, Monday through Friday, eight (8) hours per, forty (40) per
week.
B. Lead Drivers bid regular routes of eight (8) hours or more or special routes with
most hours. Where less than fifty (50) eight (8) hour routes, eight (8) hour
requirement will be reduced.
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C. If employee does not bid routes available in (B), paid number of hours for time
package bid.
D. During non-school time or school not in session, drivers may be used in other
capacities.
18.2
a. Professional Drivers: Work a minimum of five (5) hours per day Monday
through Friday when school in session per school calendar. Three (3) segments,
six punches maximum, no additional punches required if next assignment thirty
(30) or less minutes from end of preceding assignment.
18.3 Spare Driers: Lead/Professional drivers who bid on/hold spare positions rather
than assigned time package. Ten percent (10%) above regular work force of daily five
(5) hour or other categories as determined by management.
18.4 Lunch Period and Break Periods: All drivers who work both an A.M. and
P.M. route or more than five (5) consecutive hours on any given day entitled to thirty
(30) minute uninterrupted lunch scheduled as nearly as possible mid-way. Breaks in
work time less than thirty (30) minutes paid work time. If on clock with thirty (30) or
more minutes break in driving in which to lunch, no additional lunch period.
18.5: Spares or attendants to be offered routes of regular route drivers or attendants off
work five (5) or more days, District to use uniform procedures and forms to provide
notice.
18.6 Driver Trainers
(A)
Up to eight (8); twelve (12) month position, eight (8) hours per day
guaranteed, differential position, annual rate $2 per hour for each hour.
(B)
Current drivers qualified/certified to train bus drivers declare intent or not to
train during first week of June each year, then permitted to bid for that
year’s positions in June, selections by end of June using process in 17.4(C).
(C)
Trainers subject to provisions of 17.4(C). District to notify previously
qualified/certified trainers at start of each school year of state requirements to
maintain. District to provide time off to attend required classes, unpaid or
use vacation, and opportunity to train if required to qualify/certify.
(D)
Duties of Trainers, six areas listed.
Trainers may perform check runs but no authority to fail experienced drivers.
If Trainer does not pass, experienced driver repeats with supervisor who
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issues pass or fail.
Driver Training.
(E)
Trainers report to Assistant Manager responsible for
Expression of interest, qualifications, work record, and seniority used to fill
trainer positions from among bidders. Joint Evaluation Committee ranks
based on those four criteria. May be a written test. Seniority governs where
qualifications roughly equal. If Committee cannot agree, Director of
Transportation makes selection using same criteria.
Article XIX Overtime
19.1 Overtime
A. Must be approved. Paid and time and one-half (1-1/2) for hours over eight (8) in
a day or forty (40) in a week. No pyramiding.
Illustration of pyramiding/prohibition: Employee works ten hours
Monday through Thursday, thus working forty (40) hours: 32 regular
and 8 overtime. Employee works ten hours Friday. Employee is paid
40 regular hours pay plus 10 overtime hours NOT 32 regular hours
plus 8 overtime hours for Monday through Thursday plus 10 overtime
hours for hours worked on Friday.
The latter calculation is
prohibited “pyramiding.”
B. All Saturday hours paid at time and one-half (1-1/2).
C. All Sunday hours paid at double (x2) time.
19.2 Call Back Time: Called back after completion of regular shift, compensated at
least two (2) hours at appropriate rate.
19.3 Stand-by Time: Considered regular hours paid at straight time or overtime as
appropriate.
19.4 Minimum Call-in Time: Called in on other than regular scheduled day,
compensated at least three (3) hours at regular rate.
19.5 Right of Refusal: Employees may reject any offer or request for overtime, call
back, on call, or call-in except in emergency situations.
19.6 Transportation of Non District Students on Days When District
Students Are Not in Session: District to establish sign-up list for. If inadequate sign
up/show up District has right to assign to least senior driver and/or attendant. Regular
pay unless qualifies for overtime.
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19.7 Change in Schedule: Five days’ notice to be given of change in regular schedule;
notice as soon as possible in emergency.
19.8 Calamity, Epidemic, Inclement Weather Day Pay
A: Paid as normally paid for epidemic or other public calamity closure days.
B. Employees required to work on closure days described in A paid as normally
paid plus straight time for actual hours worked, such hours not considered for
overtime.
C. For computing number of hours, hours in pay status are hours worked.
Article XX Layoff and Recall
20.1: Inverse order of seniority plus following rules:
A: Lowest seniority in affected classification laid off first.
B: Recalled in reverse order of layoffs.
C: If laid off under A have bumping rights in classifications in bargaining unit
based on unit seniority and qualifications at time of layoff.
D. Recall rights for five (5) years from date of layoffs.
20.2 Procedure: Seven paragraphs detailing procedure for recall from layoff. Two (2)
weeks advance notice to be given by certified mail to address of record, employees
responsible to maintain current. Employee has five (5) days to notify District of intent
to report to work per recall. Failure to respond/report employee loses seniority rights,
considered terminated.
Current recall provisions remain until 2015-2016 school year begins, thereafter:

Laid off employees placed on recall list, recalled in order they appear (highest
seniority first) except District may recall less senior employee in preference to
employee with lowest evaluation rating for at least initial and six-month
evaluations. If two employees so rated one with more seniority gets recalled first.
Employees remain on recall list six months. Employees laid off or bumped
remain on recall list for three (3) years. Recalled in order that they appear.
District provides Union copy of list.

District sends additions to recall lists in writing to Union when they arise and
complete updated list at least quarterly.
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
Vacancies within classifications filled from recall list; employees offered and
refusing recall to vacancy removed from list. District will not fill positions with
new hires while recall list in effect. District will fill day-to-day, substitute, or
temporary positions in classification from employees who informed District at
time of layoff they want to be on that recall list. District will offer each employee
appropriate request form for that list prior to last work day before lay-off.

Process prevails over other statutes, rules, and regulations.
Article XXI Bidding for Attendants and Drivers
21.1 Bid Eligibility, Drivers and attendants MUST
(A)
Sign June release form so Department of Transportation can acquire State
driver abstracts. Failure to release, employee must personally obtain
abstract. Copy available to employee upon request.
(B)
Drivers/attendants notified by letter two (2) weeks prior to appointment
times when to examine and bid time packages before school starts.
Drivers/attendants afforded 1.5 hour time to examine before appointment.
Five (5) complete copies to be available. Index of showing each bid
package with time, school, route, other information. Bid packages
examined in appropriate area. Ten (10) minute appointment to discuss
with supervisor then bid.
Packages removed from index as bid.
Administered by District and Union.
21.2 Annual Bidding,
1. One (1) bid prior to regular school year. All time packages considered vacant,
bid by job classification seniority. All positions posted, open until selected.
2. Same process as in 21.2 (B).
3. Absentee ballots must be signed by one manager, one steward with recorded
time and dare, be presented at scheduled bid time, state preferred time
package assignment. Business rep or designee must sign.
4. Drivers/attendants not present or absentee bidding must bid at completion of
final scheduled bid. Failing to bid then, select from any remaining routes on
first day of orientation/dry runs. If no exercise of these rights. Route/position
assigned by management. All displaced placed at bottom of spare list.
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5. Add-on routes created after initial time packages posted and awarded,
assigned by Transportation Director and Route Review Committee to driver
with available time without exceeding time package. If cannot be assigned
within limit, posted five (5) days, awarded by seniority to employee with
available time, must not exceed DOT regs. Extra work used if route covered
during five (5) days. Cannot be signed after post removed. Union stewards
receive copies of assigned/awarded route sheet. Added route displayed on
bulletin board. Unbid midday and late runs not in annual bid extra work
posted five (5) days. All 4 and 5 day late runs added to a driver’s bid package.
21.3 Route Review Committee
Composed of two managers/two union selected drivers each depot. First month of
school meet daily to review management recommended route changes, review and
recommend efficient routing. Other issues as necessary. Decision is Transportation
Director’s. After first month meet as directed by Director. Director’s actions subject to
grievance by Union only at Step 2, when.
21.4 Changed, Eliminated, Vacated, New Time Packages During School
Year.
(A)
Changed Time Packages. If lengthened driver/attendant remains and is
paid. Shortened remain but paid for hours bid. May be assigned other duties.
(B)
Eliminated Time Packages. Drivers/attendants assigned work per 21.3
(G).
(C)
Transferred Time Packages.
Offered to more senior driver.
Drivers/attendants paid per bid time package or assigned work per 21.3 (G).
(D)
Vacated Time Packages. Filled by most senior spare driver when vacated.
(E)
New Time Packages. If cannot be accommodated by existing time package
go to most senior spare driver.
(F)
Open Time Packages Due to Leave of Absence. Posted for most senior
available (not assigned long-term) five (5) or six (6) hour spare driver at
depot; if not accepted assigned from bottom up; returning driver reassumes.
(G)
Displaced drivers placed at bottom of spare list until route available, time
packages then offered by seniority/assigned per Agreement.
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(H)
Substantial punch in/out time changes caused by foregoing offered to affected
employee, if not accepted employee may assist up to no more than fifteen
minutes of punch time unless employee agrees.
(I)
District ensures staff development training to drivers for PEP runs.
Article XXII Distribution of Extra Work and Summer Job Assignments
22.1 Distribution of Extra Work During the Work Week. Field trip and special
use bus assignments placed on depot seniority list assigned depot-by-depot by seniority
to available drivers. Cannot interfere with regular assignment. Assigned seven (7) days
prior if possible. If not rejected within 24 hours, deemed accepted. If refused, goes to
next.
Extra work assigned by depot-by-depot by seniority and availability.
If no show, assigned to any available depot-by-depot by seniority.
Where extra work requires attendant, offered to attendant of assigned bus if no
interference with regular work, no delay of services to children. If declined, offered on
seniority basis, is mandatory work assignment. Bus Attendants remain with their
assigned bus for all extra work.
22.2 Distribution of Extra Work During the Weekend. Same procedure as
above.
Note: Provision states “same procedures as in paragraph (A) of this
section” but there is no paragraph A so the reference must be to 21.1.
22.3 Summer Job Assignments. Selected based on seniority. No guarantee to work
beyond regular assignment. Bus Garage summer work split between Bus Drivers and
Local 436 Safety and Security personnel.
22.4 Pre-trip positions made available for any days employees are required to work, not
to exceed one hour, limited to one bus per day except as required by law.
Article XXIII Employee Material and Facilities
23.1 Uniforms. District pays full specified costs.
23.2 Tools. District provides reasonably necessary tools, equipment, and supplies.
23.3 Safety Equipment. District furnishes as necessary to ensure employee safety.
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23.4 Facilities. District maintains clean sanitary operable rest rooms, hot and cold
running water, sanitary drinking water at all depots, adequate clean lunch room,
emergency first aid kit at all depots.
Article XXIV Vacation
24.1 Length of Vacation Earned. Specifies how much vacation bargaining unit
members earn per month of service and receive per year based on years of service with
the District.
24.2 Vacation Accrual. Do not earn while in out of pay status or on leave of absence
without pay.
(A)
Twelve (12) Month Employee. Accumulates by month in active payroll
status. Vacation earned since last July 1st becomes available July 1st each
year. One year to take; cannot be taken on days school in session.
(B)
Note: This is a detailed, technical provision. 10-month employees
hired after July 1, 2014 not entitled to vacation time or pay; credit for service,
vacation rights under contract if awarded 12-month position. Incorporation
of value of vacation into rate of pay of 10-month employees holding position
as of June 30, 2013; nonaccrual thereafter. Payout of accrued unused
vacation to 10-month employees holding position as of June 30, 2014. Wage
adjustment to eliminate incorporated vacation conversion when 10-month
employee holding position as of June 30, 2014 becomes 12-month employee.
Conversion example provided. Employees entitled to assistance from H.R.
(C)
Two numbered sections explain service credit for month based on portion of
month worked, when/how much required.
(D)
Rounding up/loss of residual half days at end of annual accumulation period.
(E)
No vacation accrued while in out of pay status such as leave of absence.
(F)
Vacation paid on regular scheduled pay dates. Option to take lump sum, must
waive payroll deductions and acknowledge no retirement contributions.
(G)
Holidays occurring within vacation periods are not counted as vacation.
(H)
Accrual calculated based on actual hours in pay status.
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(I)
Lead Drivers 1 and 2 paid maximum 8 hours; all others based on route time
no more than 8 hours per day.
(J)
Vacation earned will be made available to employees who resign, are
discharged, or pass away, except employees of less than six (6) months will
not be paid and will have vacation paid deducted or otherwise recovered.
(K)
Spare driver vacation based in average actual hours in pay status.
24.3 Vacation Scheduling. Cannot be carried over, employees responsible to assure
their schedules allow vacation to be taken during Christmas, Easter and summer. In
emergency other times may be approved. Employees to request two (2) weeks in
advance. Depot manager decides whether approved. Will not be approved if disruptive.
Article XXV Holidays
25.1 Scheduled Holidays. Lists ten full days, July 4th not included; one half-day
(Good Friday.) Addresses when District observes Veterans’ Day versus Discovers’ Day;
allows bonafide veterans to use Special Privilege for Veterans’ Days in years when
District not observing.
25.2 Twelve (12) month employees also get the Fourth of July.
25.3 Addresses when District observes holidays that fall on Saturday or Sunday.
25.4 Employees must have accrued earnings on working days immediately before and
after holiday to be paid for holiday. Two and one-half (2-1/2) times overtime paid for
being required to work on holiday.
25.5 Article does not prohibit official declaration of other paid holidays.
25.6 Holiday pay based on greater of regular hours worked or five (5)hours, overtime
excluded.
Article XXVI Sick Leave
26.1 Accrues to maximum of 15 days. Lead Drivers 1 and 2 paid maximum of 8 hours,
all others at contract hourly minimum. Formula adjusted for spares and others based
on average yearly hours in pay status, paid in pay period affected by leave.
26.2 Unused sick leave cumulative without limit.
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26.3 May be used upon approval for illness, injury, communicable disease; also death of
immediate family members.
26.4 Upon return employees must submit signed written statement of justification of
use.
26.5 Part-time employees accumulate sick leave at same rate as full-time.
26.6
26.6 (A) Eligibility to convert one restricted to an unrestricted special privilege
day for each sixty (60) consecutive days perfect attendance, lists interruptions
not counted. Employee responsibility to notify District of eligibility.
26.6 (B) Four conditions to use unrestricted special privilege leave. (i) Must
give five (5) days notice to Assistant Depot Manager; (ii) Not to be taken day
before or after paid holidays; (iii) Not to be taken during first or last two (2)
weeks of school; (iv) Must not interfere with smooth operations.
26.6(C) Unrestricted special privilege leave must be used within one (1) year.
Incentives for perfect attendance for sixty (60) consecutive days:



Option to take $50 payment in lieu of converting restricted to an
unrestricted special privilege day;
District notifies employee in writing no longer suspected about
attendance;
Receive one day’s pay (pro-rated hours worked.)
Miss less than two (2) days entire year may cash out one (1) sick day.
Exclusions from attendance determinations, e.g., jury duty.
Employee responsibility to notify District of eligibility.
26.7 Sick Leave Bank.
Will be established,
labor/management Review Board develops guidelines.
employees
may
donate,
26.8 Compliance. Director of Transportation meets monthly with no more than three
(3) Union representatives to ensure compliance.
Article XXVII Leaves of Absence.
27.1 Assault Leave.
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(A)
Employees unable to work due to assault in course of employment or while
performing official District duties remain on full pay status for time provided
in paragraph D without loss of sick leave.
(B)
Employee must seek medical attention as soon as reasonably possible;
immediately report the assault to the appropriate manager; complete
an incident report and assault leave form; furnish physician’s
certification of nature of disability and anticipated duration. If more than
five (5) days, District appointed physician may review and examine
employee at physician’s discretion. Falsification of signed statement or
physician’s certificate is grounds for termination.
(C)
Employee must submit request for consideration. Rejection may be appealed
by grieving. District will equalize pay of employees whose assaults are
covered by Workers Compensation for longer of six months or duration
of the school year. If that reduces workers compensation payments
District will make up difference.
(D)
Assault leave granted for longer of six months or duration of the
school year. If granted, health insurance benefits continued for two (2)
years if unable to return, subject to (B) above.
27.2 Disability Leave.
(A)
Consistent with District regulations, disability leaves for illness, accident, or
pregnancy supported by evidence granted for up to one (1) year. May use
accumulated unused sick leave.
(B)
Apply on forms provided by District. Disability confirmed, employee must
submit signed written physician’s statement indicating anticipated duration.
May remain out for duration of school year for child bearing purposes.
(C)
Failure to return to work upon original or extended expiration grounds for
termination.
(D)
Paternity leave granted same way.
(E)
Must be off approved disability leave two (2) weeks prior to annual bid or
cannot bid for time package routes.
(F)
District shall comply with FMLA.
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(G)
Employee returning from approved medical leave received bid hours they left
to the extent permitted by law.
27.3 Special Privilege Leave. Lists permissible uses.
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
Religious holidays not on school calendar;
Compulsory court appearance;
Marriage in immediate family;
College, high school graduation in immediate family;
Paternity;
Family emergencies not covered by sick leave;
Verified child school conferences;
Graduation from military basic training;
Death in family;
Unused rolls into sick time.
No loss of pay. Not deducted from sick leave. Request within one week if possible, no
later than one week after if not. May be used for in-service days. District to respond to
request within three (3) working days.
27.4 Jury Duty
(A)
Paid, provided complete request form and comply with District regulations.
(B)
Must report to work at once and report in if released prior to noon.
(C)
Within ten (10) days of completion, payment received for jury duty must be
paid to District at Treasurer’s office. Failing, next payroll check withheld.
(D)
Receive regular pay up to eight (8) hours less jury pay.
27.5 Personal Leave of Absence.
Requires written permission from both Union and District. Maximum ninety (90) days.
May be extended for like periods upon dual permission. Not to be used for job hunting.
27.6 Military leave. Permitted consistent with state and Federal law.
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Article XXVIII Health and Insurance Benefits
28.1 Eligibility. Subject to 28.2, based on being regularly scheduled to work at least
nineteen (19) hours per week during school year. With regard to threshold, spares
considered eligible. Otherwise, bid time determines.
28.2 Medical Benefits.
Technical multi-part provision merely sketched here. Refer to Agreement,
contact Human Resources and/or carrier as appropriate for assistance.
Subject to 28.1, during annual enrollment period employees may select single or family
coverage from one of five listed carriers. Levels and benefits provided same as on June
30, 2013 unless provided in Appendix F. Pre-existing conditions covered unless
currently restricted by HIPPA.
Employee contributions begin month after enrollment, contribution amounts identified.
Made by payroll deduction. Deductibles, co-insurance percentages, out-of-pocket
maximums identified.
Medical Mutual lifetime maximum, elimination of same for plans beginning on or after
September 23, 2010.
Changes implemented September 1, 2010 to preventative care, women’s and men’s
health, and increased specialist co-payment for all plans identified.
28.3 Prescription Drug Plan. Remains same. See Appendix F for description.
28.4 Dental Plan. Remains same. See Appendix F for description. Changes effective
July 1, 2013.
28.5 Section 125 Plan. Cafeteria plan, expanded: contributions permitted on pre-tax
basis; election to receive additional cash in lieu of Board paid coverage; permits
participation in dependent and medical care flexible spending accounts (“FSAs”.) IRC
Section 125 compliant. Annual opportunity to enroll each November. Limit on
revocation absent change of circumstances, examples listed. Details provided annually
at enrollment time and available through H.R.
28.5 A Option of salary reduction up to $10,000 credited to health care FSA.
Reimbursements for expenses not covered by District or other health care plans.
28.5 B Grace period required by IRC Section 125, 2-1/2 months at end to expend
amounts remaining in FSA on permissible benefits. At end remainder forfeited.
28.5 C Option to pay pre-tax for up to $50,000 life insurance through Cafeteria
Plan.
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28.6 Out-of-Network Charges. Refer to Appendix B.
28.7 Vision Care. Levels, Union Eye Care, Spectera, see Appendix B.
28.8 Adding or Changing Carriers. District may invite bidding by new
providers to be offered as options, Union shall participate in selection process,
coverage to be basically the same.
28.8 1. Union notified when District solicits bid and when additional
providers selected as options.
28.8 2. Enrollment period is month of November.
28.8 3. New providers must provide comparable coverage; shall not
decrease basic coverage levels during term of Agreement.
Self-Insurance. District may explore and implement self-insurance, provisos
and limitations.
28.9 Reduction of Benefits. Shall not be during term of Agreement unless Union
expressly agrees.
28.10 Shared Savings. Employees eligible to receive half up to $500 of savings
realized by employee identification of errors in their bills.
28.11 Reimbursement for Dual Medical Benefits.
28.11 (A) Married employees of District may waive one plan and split savings
from waiver with District.
28.11 (B) Same as (A) if employee proves adequately covered by comparable
different insurance plan.
28.11 (C) Only employees identified in Appendix C eligible for splits in (A) and
(B).
Guidelines for Section 28.11 developed by Joint Health Care Committee. Union has
right to accept or reject plan adopted.
28.12 Life Insurance. District provides $10,000 for all bargaining unit employees.
Employees may purchase additional coverage through payroll deductions. Up to limits
of policies in effect, “but not less than $150,000 coverage.”
Note: The use of the words “not less” is probably a scrivener’s error.
The writer probably meant “but not more than $150,000 coverage.”
“Not less” provides no ceiling and creates an illogical gap between
$10,000 and $150,000.
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28.13 Extended Coverage of Hospitalization and Life Insurance. Health and
insurance coverage is extended through July and August for covered persons in
positions normally school year active only, including teachers, school clerks, library
aides, food service employees, and cleaning personnel. Terminates August 31 if
employee fails to return to active payroll status at this time. Triple deduction of
employee contribution in June to cover July and August.
28.14 Coverage for Inactive Employees. Life and hospitalization may be
continued for employee becoming payroll inactive, who must pay to hospitalization
agency bill received from them, and re-enroll to obtain coverage if return to active duty.
Life Insurance continued by employee contacting Insurance Company, completing
conversion requirements within 31 days of going off active payroll.
28.15 SERS Pick-Up. District pick up of employee SERS is per OAG Op. 82-097.
28.16 Blood-Borne Pathogen. District has, will follow plan re employee exposure.
28.17 Mental Health, Drug Abuse and Alcoholism. Refer to Appendix B.
28.18 Durable Medical Equipment. Refer to Appendix B.
28.19 Health Care Subcommittee. Up to five management and five union
members.
Meet to review and make recommendations on specified topics.
Recommended changes must be approved by District CEO and Local 407 President.
28.20 Opt-Out Option. Option to decline coverage during enrollment period, if
exercised irrevocable until next, absent change of circumstance “qualifying events.”
April, October payments of $250 for opt-out, $125 for change of family to single. May
be eligible to re-enroll subject to pro-rata return of payments.
28.21 Hard Audit. District may conduct “hard audits” during open enrollment
periods that require employees to submit documentation establishing eligibility.
28.22 Working Spouse Coverage. Seven Sections on coordination of benefits.
28.22.1. Additional $75 monthly payment to enroll spouse eligible under own
employer’s or retirement plan provider’s plan.
28.22.2. If spouse enrolls in own employer’s or retirement plan provider’s plan,
District provides secondary coverage provided employee has District family
coverage. $75 monthly payment does not apply.
28.22.3. Requirement during enrollment period of written declaration re spouse
eligibility.
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28.22.4. Thirty-day notice required when spouse becomes eligible.
28.22.5 Penalties for submitting false information or failure to provide notice of
change in spousal eligibility: discipline up to possible discharge; reimbursement
to District; immediate cancellation of District health insurance.
28.22.6 Spouse failing to enroll in own available coverage ineligible for District
benefits unless enrolled as provided in 28.22.1.
28.22.7 Treatment when spouse is a retired District employee.
Article XXIX Pay and Allowance
29.1 Regular Rate of Pay. Established by classification in salary schedule.
29.2 Pay Checks. Deductions other specified information to be itemized.
Direct deposit required, option to use District pay card system. District is
implementing new electronic format pay system; description; no more paper
once implemented. Option to spread pay over 26 bi-weekly pay periods.
29.3 Payroll Error. Two lettered sections. (A) Corrected supplemental checks
within five (5) days if insufficiency. If after 5 days, plus 5%. If more than 10 days,
plus 10%. Additional 1% for each successive 5 days thereafter. (B) District yearly
sick and vacation audits; reported to Union, when.
29.4 Special Payments. Paid by supplemental check as soon as practicable.
29.5 Lost checks. Will be replaced within seven (7) days of employee request.
Paychecks not mailed, except when.
29.6 Pay for Promotions. Increases if higher than old classification, shall not
be less than prior salary or wage.
29.7 Mileage. Reimbursement for use of private vehicle on District business.
Mileage computed, how. Separate warrant within 25 days of submission of proof.
29.8 Meals. Reimbursement for meals away, when. Separate warrant within
25 days of submission of proof.
29.9 Lodging. Reimbursement for lodging required while on District business,
as authorized by Administrative Code. Reimbursement for out-of-pocket
expenses as soon as practicable after submission of expense claim.
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Article XXX Wages and Attendance Incentive
Lists hourly rates in year one by classification and years of service. Advancement on
salary schedule, when.
Lists longevity increments added based on specified years of service.
Lists percentage base wage increases and one-t
Specifies zero-percent (0%) wage increase in year two with one time stipends based on
agreed evaluation system and base wage, not included in base wage calculation. Onepercent (1%) increase in year three of Agreement, for 10-month employees added after
June 30, 2014 vacation conversion.
Longevity freeze effective June 30, 2013 for employees hired prior to July 1, 2013.
Eligibility of certain current employees to reach 20-year longevity before being frozen
and other employees to reach lower threshold by September 30, 2013 before being
frozen. No eligibility for longevity if hired after July 1, 2013.
Article XXXI Severance Pay
31.1
Employees with ten (10) or more years’ service with CMSD at time they retire
under appropriate state retirement system may elect to receive cash payment of thirtypercent (30%) the value of their accumulated unused sick leave up to a
maximum of Thirty-Thousand Dollars ($30,000.).
Employees working less than a full-time schedule receive payment of appropriate
number of days based on average work day during the year preceding retirement.
Average daily rate used, all forms of additional or supplemental compensation excluded.
Only paid to employees who submit written notice to District on such forms as
prescribed by Deputy Chief of Human Resources prior to earlier of date of retirement or
last day in earning status.
Receipt extinguishes all future claims to accumulated unused sick leave.
Payment made only once in January of year following year retirement becomes
effective.
Note: EMPLOYEES RETIRE ONE TIME ONLY, from the appropriate state
retirement system NOT CMSD. Severance is paid ONE TIME ONLY, at the
time of retirement. If an employee retires and receives a severance
payment, then is rehired and works ten or more additional years they are
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NOT entitled to and will NOT be paid another severance payment when they
separate from post-retirement reemployment.
31.2 Severance Pay & Deferral Plan.
This is a highly technical provision, merely sketched here.
Nine (9) lettered paragraphs, applies to employees who retire after July 1, 2007.
Requires payment of severance pay and any payment to employee pursuant to an early
severance plan into an IRS compliant Section 403(b) tax sheltered annuity plan.
Participation mandatory for bargaining unit members who retire after the calendar year
they turn 54. Upon agreement, includes early separation plan payments. Provides for
an employer contribution. Provides for later payment into plan of severance pay that
exceeds the maximum amount initially allowable. Specifies plan provider/type, requires
participants to complete enrollment forms. Specifies treatment if participant dies.
Allows lump sum payments or payments into certain types of custodial accounts or
annuities under certain circumstances; gives CFO rule making authority to assure legal
compliance; treatment if employee dies. Provides for any required tax to be withheld.
Authorizes CFO to execute necessary legal documents to establish and maintain plan
and to make any required filings with the IRS. Provides that terms of plan may later be
incorporated into terms of plan documents adopted for tax compliance. Gives CFO
residual rule making authority.
Article XXII No Strike/No Lockout
Parties commit to labor peace during term of Agreement.
Article XXXIII Savings Clause
Provisions determined unlawful shall be null and void and not affect remaining
provisions. Either party will renegotiate voided and affected provisions upon request.
ARTICLE XXXIV Work Rules
34.1 When existing rules are changed or new rules enacted, District will provide copy to
Union 30 days prior to implementation. Union right to meet and confer with District re
application. District will negotiate before adding offenses, changing conditions resulting
in points, or increasing points for offenses.
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ARTICLE XXXV Drug Testing Policy
Note: This is a lengthy article with considerable technical content, merely
sketched here.
Employees may ordered to undergo fitness for duty examination if two (2) qualified
supervisors have “reasonable cause to believe” (also called “reasonable suspicion”)
employee is under the influence of alcohol or controlled substance; also as provide by
District CDL Drug Testing regulations. Exam may involve urine, blood, or breath
testing. Referring supervisors to reduce reasons for allegation to writing, sign, and
provide to appropriate personnel and Union prior to testing.
Demand to be based on “specific, objective facts, and reasonable inferences” suggestive
of potential danger or adverse impact on performance. May also be required of
employees on disciplinary probation for prior violations. Allows “appropriate testing”
that may include breath, blood, or urine. Employee to report to designated physician or
medical clinic. Mandatory to report, refusal grounds for immediate termination.
Employee entitled to have Union representative present.
Technical requirements for urine testing; specimen chain of custody; dignity to be
maintained.
Testing positive, must test negative before permitted to return to work. Second positive
test within twenty-four (24) months grounds for termination if resulting from continued
substance abuse. See “Side Letter of Agreement at Appendix K.” Second positive test
any time during employment grounds for immediate discharge subject to just cause and
provisions of the grievance procedure.
Employees provided copy of all test results; employee pays $25 for second positive test.
Results kept strictly confidential. Employee may review and rebut. Blood and urine
samples shall be preserved for a reasonable period of time. Employee may submit to
reputable physician or lab for re-testing.
Alcohol test failure levels specified for blood, breath, and urine.
Note and CAUTION: The test failure levels presently set forth in Article
XXXV need to be updated; see, Article XXXIII. The contract levels are
lower than the prohibited statutory levels set forth in R.C. 4511.19
Operating vehicle under the influence of alcohol or drugs – OVI.
The levels in the contract cannot supplant statutory standards. Therefore,
the levels set forth in Article XXXV should be read to be consistent with the
levels set forth in R.C. 4511.19 and/or any and all other applicable statutes,
rules and regulations, including but not limited to those governing
Commercial Drivers’ Licenses.
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Employees with substance dependency concerns encouraged to voluntarily seek
professional assistance. District has an Employee Assistance Program (EAP.) Does
NOT supplant disciplinary or grievance procedures.
Medical clearance required to return after positive screens.
District may after bargaining with Union adopt random drug testing policies for
employees required by law to be randomly tested, e.g., C.D.L.
District not responsible for fair representation claims against Union.
Union
indemnified and held harmless by District if District violates specified employee rights.
District to implement similar drug/alcohol testing procedure with all other District
employees.
Article XXXVI Attendance Policy
Absenteeism is a problem and causes problems for Transportation. District monitors
both excused and unexcused absences and determines tolerable range. Missing twenty
(20) or more days in a year are subject to scrutiny. Contract provisions, state law, and
Federal law are taken into consideration.
Satisfactory attendance as a condition of employment. How determined, factors
considered including FMLA, illness, injury. Sequence of penalties for absence abuse.
Punctuality also a condition of employment.
(A) Unexcused absence points, what constitutes a violation, including reporting late,
leaving early, improper employee notice to District of absence. Details provided in
multiple subparagraphs lettered A-H, H being Sick Leave.
Three (3) consecutive days of unreported absence is a dischargeable offense.
Attendance violations go into personnel file; employee notified.
(H)
Sick Leave. Employees must report absences, reasons to be eligible for paid
sick leave and excused absence. Signed statement required. Doctor’s
certificate required for three (3) or more days absence; required for less than
three (3) days if suspicious record or frequent sick use of less than three days
throughout year. Discipline for non-compliance.
Article XXXVII Return to Work/Transitional Work Program
Two lettered options available for employees assaulted or disabled in the course of
performance of their duties so as to be compensable under Ohio Workers’
Compensation:
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Option A is District’s Wage Continuation Program.
remain in regular payroll.
Employee participants
Option B is go off regular payroll and on unpaid Workers’ Compensation leave.
Employees who settle workers’ compensation claims NOT eligible to participate
in Return-to-Work/Transitional Work Program for settled conditions.
Option A. Note 1: Detailed explanation.
Resources recommended.
Consultation with Human
Note 2. Employee wishing to choose Option A must give notice of intent to
participate in District’s Wage Continuation Program within three (3) work
days of injury or will be placed in Option B. Additionally, employees
declining to be treated using District’s Preferred Provider Panel physician
are not eligible for Option A. These requirements are set forth at the
beginning of the detailed explanation of Option B that follows.
Wage Continuation Program explained in detail. Terms and stipulations to which
employee participants agree are described in District’s Return to Work/Transitional
Work Program, Appendix D.
To be eligible employees report the illness or injury in writing within twenty-four (24)
hours. Workers compensation claim to be filed for payment of medical benefits. Paid
leave not to exceed two (2) years, subject to proof of continuing disability in form of
attending physician certification of illness or disability, work restrictions, and
anticipated duration required, to be provided within forty-eight (48) hours of
treatment.
Return to duty for less than six (6) months, disability from same injury, reactivation of
Wage Continuation Program upon submission of medical proof; balance of two years. If
return for more than six (6) months followed by disability from same injury,
reactivation plus additional two (2) years.
Upon exhaustion of Wage Continuation, employee alternative options are to use
residual available sick time or unpaid workers’ compensation leave.
Use sick or other accrued leave, continuation of other benefits, but no workers’
compensation.
Use of unpaid workers’ compensation leave, off payroll, health insurance continues.
Employee and District retain respective rights re workers’ compensation.
Upon exhaustion of one alternative, employee placed in other alternative.
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If employee chooses no option, employee placed on unpaid workers’ compensation
leave. Insurance benefits continued for balance of month plus two once all leave
exhausted. Thence employee may continue per COBRA regs.
Continuing requirement to provide medical documentation. Employee participants in
District Return to Work/Transitional Work Program who return to work during leave
return to former job classification subject to any medical restrictions.
Employees who choose Option A but are not working due to injury or disability will
participate in BWC Vocational Rehabilitation Program when recommended and agree to
accept Living Maintenance compensation for duration. Removed from payroll but no
loss of benefits. Time in Voc-Rehab not counted against time in Transitional Work
Program. Reinstated to appropriate active pay status upon completion of Voc-Rehab.
Option B. Another detailed explanation.
Resources recommended.
Consultation with Human
Employee must give notice of intent to participate in Option A within three (3) work
days of injury or will be placed in Option B. Employee declining to be treated using
District’s Preferred Provider Panel physician not eligible for Option A. Employees not
participating in Wage Continuation Program are removed from payroll and placed on
Workers Compensation leave. All work related injury claims processed through
workers’ compensation. Employee and District retain respective rights re workers’
compensation.
Insurance benefits continue for length of total temporary disability eligibility OR length
of unpaid workers’ compensation leave under this Article, whichever is shorter.
Insurance benefits also continued during use of sick leave, other accrued time.
Employee responsible for payment of full cost of wage continuation.
Employee on Option B leave will be reinstated to former position if return within
twelve (12) weeks. If Option B leave exceeds twelve (12) weeks and position has been
permanently filled, may return only when vacancy in same, similar or lower paid
classification through bid process.
GENERAL
District right to recoup benefit payments from employees who submit false claims or
abuse Article 37 provisions or work other employment during leave. Disciplinary action
may be taken.
Note: Workers compensation fraud is a crime under Ohio law.
If the BWC or a court denies a claim as not having arisen out of employment the District
may charge wage continuation payments made against the employee’s available sick
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leave balance; may reduce future sick leave credits by half for any residual amount; may
seek reimbursement for outstanding balance upon separation from CMSD employment.
Holidays or vacation during approved wage continuation are compensated as such and
not charged against sick leave if claim subsequently disallowed.
Employee choosing Assault Pay eligible for Option A; must use District Preferred
Provider Panel; Assault Pay leave deducted from two-year paid Wage Continuation
program.
Employees unable to return to original classification due to permanent restrictions from
injury or disability may bid under CBA into different classifications for which they are
qualified and can perform within restrictions. Pay rate accordingly. If lower benefits,
former benefits maintained. Employee so assigned must bid when position they can
perform that provides benefits becomes available. Such employee refusing to bid or,
bidding refusing to accept, gets only benefits of position to which they transferred due to
restrictions.
Final reference is to Appendix D.
Article XXXVIII Duration
July 1, 2013 through June 30, 2016.
END of Local 407 – CMSD Contract Digest
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