A G R E E M E N T The Board of Education and Board of ...

A G R E E M E N T between

The Board of Education City School District of the City of New York

and Board of Education Employees, Local 372

District Council 37 American Federation of State, County and Municipal Employees

AFL-CIO covering Family Worker Family Assistant Family Associate Parent Program Assistant

September 9, 2005 - May 10, 2010

TABLE OF CONTENTS

ARTICLE

I

UNION RECOGNITION

II

FAIR PRACTICES

III

A. SALARIES

B. LONGEVITY INCREMENT

IV

WORK YEAR

V

HOURS OF WORK

VI

HOLIDAYS

VII

VACATIONS AND SUMMER PAYMENTS

VIII

WELFARE FUND AND IN-SERVICE/CAREER TRAINING

VIIIA ANNUITY FUND

IX

OPPORTUNITY FOR SUMMER WORK

X

HEALTH INSURANCE

XI

SICK LEAVE

XII

LAYOFF AND RECALL

XIII

POLICY CONCERNING APPLICATIONS FOR POSITIONS

XIV

DAMAGE OR DESTRUCTION OF PROPERTY

XV

ASSAULT AND INJURY IN THE LINE OF DUTY

XVI

PAYMENT OF DEATH BENEFIT FOR EMPLOYEE WHO DIES

FROM INJURY INCURRED IN COURSE OF EMPLOYMENT

XVII

EXCUSABLE ABSENCES WITH PAY

XVIII LONG TERM ABSENCES WITHOUT PAY

XIX

RETIREMENT CREDIT

XX

SAFETY

PAGE 2 3 3 12 14 14 15 15 17 23 25 26 26 28 31 32 33

34 35 36 37 38

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TABLE OF CONTENTS

ARTICLE

XXI XXII XXIII XXIV

COMPLAINT AND GRIEVANCE PROCEDURES POLICY DISCHARGE REVIEW PROCEDURES PERSONNEL FOLDERS PAY PRACTICES

XXV INFORMATION AT THE SCHOOL

XXVI CHECK-OFF XXVII CONSULTATION WITH UNION COMMITTEE XXVIII JOINT COMMITTEES XXIX UNION MEETINGS

XXX RESTRICTION ON UNION ACTIVITIES

XXXI MATTERS NOT COVERED XXXII CONFORMITY TO LAW - SAVING CLAUSE XXXIII COPY OF AGREEMENT XXXIV NO-STRIKE PLEDGE

XXXV DEFINITIONS

XXXVI NOTICE - LEGISLATIVE ACTION XXXVII DURATION

SIGNATORIES

APPENDIX A LONGEVITY INCREMENT ELIGIBILITY RULES

PAGE 39 44 45 45 46 46 47 47 48 48 49 49 50 50 50 51 52 52 53

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AGREEMENT MADE AND ENTERED INTO by and between THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK (hereinafter referred to as the "BOARD") and BOARD OF EDUCATION EMPLOYEES, LOCAL 372, DISTRICT COUNCIL 37, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO (hereinafter referred to as the "UNION").

WHEREAS the Board has voluntarily endorsed the practices and procedures of collective bargaining as a peaceful, fair and orderly way of conducting its relations with its employees insofar as such practices and procedures are appropriate to the special functions and obligations of the Board, are permitted by law and are consonant with the paramount interests of the school children, the school system, and the public; and

WHEREAS the Board, on March 8, 1962, adopted a Statement of Policies and Practices with Respect to Representation of Pedagogical and Civil Service Employees for Purposes of Collective Bargaining with the Board of Education (hereinafter referred to as the "Statement of Policies"); and

WHEREAS, pursuant to the Statement of Policies and pursuant to the provisions of the Public Employees Fair Employment Act (Chapter 392 of the Laws of 1967 as amended by Chapter 24, 391 et seq. of the Laws of 1969), in a secret ballot election conducted among employees in the titles of Family Worker, Family Assistant, Family Associate and Parent Program Assistant, in Programs to Strengthen Early Childhood Education in Poverty Areas, Classes in Poverty Areas, and More Effective Schools, to determine which labor organization they wished to represent them in collective bargaining with the Board, the Union received a majority of votes and the Board issued a Certificate of Exclusive Bargaining Status to the Union on January 21, 1970; and

WHEREAS, after an appropriate showing of majority representation, the Board also certified the Union on April 6, 1971 as the representatives of employees in these same titles in programs other than programs to Strengthen Early Childhood Education in Poverty Areas, Prekindergarten Classes in Poverty Areas, and More Effective Schools; and accordingly the Union became the exclusive bargaining representative of all employees in these titles; and

WHEREAS, an agreement entered into by and between the parties expired on September 8, 2005,

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WHEREAS, the Board and its designated representatives have met with the representatives of the Union and fully considered and discussed with them, on behalf of the employees in the bargaining unit, changes in salary schedules, improvement in working conditions, and machinery for the presentation and adjustment of certain types of complaints; it is agreed as follows:

ARTICLE I UNION RECOGNITION

The Board recognizes the Union as the exclusive bargaining representative of all employees employed in the titles of Family Worker, Family Assistant, Family Associate, Parent Program Assistant and Family Auxiliary (CETA), which is equated to the title of Family Worker. These persons and each of them are hereinafter referred to variously as "employees" or "employee," as "employees (or employee) in the bargaining unit," or "employees (or employee) covered by this Agreement," or "paraprofessional" or "paraprofessionals."

During the term of this agreement should the Board employ a new title or category of employees having a community of interest with employees in an existing bargaining unit described herein, employees in such new title or category shall be included within the existing unit, and upon request of the Union the parties shall negotiate the terms and conditions of employment for such new title or category of employees; but nothing contained herein shall be construed to require re-negotiation of terms and conditions of employment applicable to employees in the existing bargaining unit as a result of the Board's redesignation of the title or category of employees in the unit.

Nothing contained herein shall be construed to prevent any Board official from meeting with any employee organization representing employees in this bargaining unit for the purpose of hearing the views and proposals of its members, except that, as to matters presented by such organizations which are proper subjects of collective bargaining, the Union shall be informed of the meeting and, as to those matters, any changes or modifications shall be made only through negotiation with the Union.

It is understood that all collective bargaining is to be conducted at Board headquarters level. There shall be no negotiation with the Union or with any other employee group or organization at the school or any other level. Nothing contained herein shall be construed to prevent any individual

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employee from (1) informally discussing a complaint with his immediate supervisor (2) processing a grievance in his/her own behalf in accordance with the complaint and grievance procedure hereinafter set forth in Article XXI.

Nothing contained herein shall be construed to deny to any employee his/her rights under Section 15 of the New York Civil Rights Law or under applicable civil service laws and regulations.

ARTICLE II FAIR PRACTICES The Union agrees to maintain its eligibility to represent all employees by continuing to admit persons to membership without discrimination on the basis of race, creed, color, national origin, sex or marital status and to represent equally all employees without regard to membership or participation in, or association with the activities of any employee organization. The Board agrees to continue its policy of not discriminating against any employee on the basis of race, creed, color, national origin, sex, marital status or membership or participation in, or association with the activities of, any employee organization.

ARTICLE III SALARIES A. Salaries 1. Employees in the applicable paraprofessional titles who work the entire work year (regular school year) as set forth in Article Four of this Agreement and who are assigned to programs comprised of the regular hours of work as set forth in Article Five of this Agreement shall receive the following annual rates of pay on the applicable effective dates set forth on the following pages:

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Family Worker Hourly Equivalent Per Session

Family Worker A** Hourly Equivalent Per Session

Family Assistant (1) Hourly Equivalent Per Session

Family Assistant A1(1a) Hourly Equivalent Per Session

Family Assistant A-2 (2) Hourly Equivalent Per Session

Family Assistant B Hourly Equivalent Per Session

Family Associate (4) Hourly Equivalent Per Session

Parent Program Assist Hourly Equivalent Per Session

Before 9/9/1984

$18,165 $12.65 $13.21

Effective 09/09/05

Between 9/9/1984 -

9/8/1985

Between 9/9/19859/8/1986

Between 9/9/19866/30/2004

Hired After 6/30/2004

$18,043 $12.57 $13.12

$17,901 $12.47 $13.02

$17,684 $12.32 $12.86

$15,377 $10.71 $11.18

$19,342 $13.47 $14.07

$19,267 $13.42 $14.01

$19,172 $13.36 $13.94

$19,028 $13.26 $13.84

$16,546 $11.53 $12.03

$19,724 $13.74 $14.34

$19,678 $13.71 $14.31

$19,604 $13.66 $14.26

$19,481 $13.57 $14.17

$16,940 $11.80 $12.32

$19,987 $13.92 $14.54

$19,965 $13.91 $14.52

$19,916 $13.87 $14.48

$19,797 $13.79 $14.40

$17,215 $11.99 $12.52

$20,206 $14.08 $14.70

$20,180 $14.06 $14.68

$20,132 $14.02 $14.64

$20,037 $13.96 $14.57

$17,423 $12.14 $12.67

$20,874 $14.54 $15.18

$20,874 $14.54 $15.18

$20,852 $14.53 $15.17

$20,828 $14.51 $15.15

$18,111 $12.62 $13.17

$23,872 $16.63 $17.36

$23,872 $16.63 $17.36

$23,872 $16.63 $17.36

$23,872 $16.63 $17.36

$20,758 $14.46 $15.10

$25,218 $17.57 $18.34

$25,218 $17.57 $18.34

$25,218 $17.57 $18.34

$25,218 $17.57 $18.34

$21,929 $15.28 $15.95

Family Worker Hourly Equivalent Per Session

Family Worker A** Hourly Equivalent Per Session

Family Assistant (1) Hourly Equivalent Per Session

Family Assistant A1(1a) Hourly Equivalent Per Session

Family Assistant A-2 (2) Hourly Equivalent Per Session

Family Assistant B Hourly Equivalent Per Session

Family Associate (4) Hourly Equivalent Per Session

Parent Program Assist Hourly Equivalent Per Session

Before 9/9/1984

$18,528 $12.91 $13.47

Effective 10/09/06

Between 9/9/1984 -

9/8/1985

Between 9/9/19859/8/1986

Between 9/9/19866/30/2004

Hired After 6/30/2004

$18,404 $12.82 $13.38

$18,259 $12.72 $13.28

$18,038 $12.57 $13.12

$15,685 $10.93 $11.41

$19,729 $13.74 $14.35

$19,652 $13.69 $14.29

$19,555 $13.62 $14.22

$19,409 $13.52 $14.12

$16,877 $11.76 $12.27

$20,118 $14.01 $14.63

$20,072 $13.98 $14.60

$19,996 $13.93 $14.54

$19,871 $13.84 $14.45

$17,279 $12.04 $12.57

$20,387 $14.20 $14.83

$20,364 $14.19 $14.81

$20,314 $14.15 $14.77

$20,193 $14.07 $14.69

$17,559 $12.23 $12.77

$20,610 $14.36 $14.99

$20,584 $14.34 $14.97

$20,535 $14.31 $14.93

$20,438 $14.24 $14.86

$17,772 $12.38 $12.93

$21,291 $14.83 $15.48

$21,291 $14.83 $15.48

$21,269 $14.82 $15.47

$21,245 $14.80 $15.45

$18,474 $12.87 $13.44

$24,349 $16.96 $17.71

$24,349 $16.96 $17.71

$24,349 $16.96 $17.71

$24,349 $16.96 $17.71

$21,173 $14.75 $15.40

$25,722 $17.92 $18.71

$25,722 $17.92 $18.71

$25,722 $17.92 $18.71

$25,722 $17.92 $18.71

$22,367 $15.58 $16.27

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