ASD Food Service 2018-2021 Negotiated Agreement

Transcription

NEGOTIATED AGREEMENTBetweenThe Anchorage School DistrictAndGeneral Teamsters Local 959Covering:Food Service Bargaining UnitJuly 1, 2018 through June 30, 2021

Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20211

Table of ContentsPREAMBLE AND RECOGNITION. 5ARTICLE 1 UNION RIGHTS . 51.01AUTHORIZED REPRESENTATIVES. . 51.02UNION ACTIVITIES AND MEMBERSHIP RIGHTS. 51.03UNION SECURITY. . 61.04EMPLOYEE INFORMATION. . 61.05UNION USE OF DISTRICT FACILITIES. 61.06EXAMINATION OF RECORDS. . 71.07EMPLOYEE TIME SHEETS. . 81.08EMPLOYEE TRAINING. . 8ARTICLE 2 MANAGEMENT RIGHTS . 9ARTICLE 3 HOLIDAYS . 93.01ELIGIBILITY. 93.02HOLIDAYS OBSERVED. . 103.03HOLIDAYS FALLING ON WEEKEND. . 103.04RATE OF PAY ON HOLIDAYS. . 10ARTICLE 4 LEAVES . 104.01ANNUAL LEAVE. . 104.02OTHER PAID/PROFESSIONAL LEAVE. 134.03UNPAID LEAVE. 144.04SICK LEAVE BANK. . 144.05UNION LEAVE BANK. . 15ARTICLE 5 SALARY SCHEDULE AND FINANCIAL BENEFITS. 165.01CLASSIFICATION PLAN. . 165.02WAGE SCHEDULE . 185.03SPECIAL PAY REIMBURSEMENTS. 215.04WORK IN A HIGHER CLASSIFICATION. . 215.05OVERTIME/EXTENDED WORKDAY. . 225.06LONGEVITY/STABILITY RECOGNITION PAYMENTS. . 235.07RETIREMENT. . 235.08CLOSURE PAY. . 245.09PILOT PROGRAMS. . 24Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20212

5.10CHANGE IN WORK HOURS. . 245.11SUMMER PROGRAM. . 245.12SUPPLEMENTAL WORK PROGRAM. . 255.13TIME WORK STUDY. . 26ARTICLE 6 EMPLOYMENT AND WORKING CONDITIONS. 266.01SENIORITY. . 266.02EMPLOYEES . 276.03HOURS OF WORK/WORK REQUIREMENTS. . 276.04LUNCH PERIOD (CENTRAL KITCHEN STAFF). . 286.05REST PERIODS. 296.06VACANCIES. . 296.07DEMOTION. . 306.08DISCIPLINE AND DISCHARGE. . 326.09VEHICLE USAGE. . 336.10EVALUATIONS. . 33ARTICLE 7 INSURANCE . 347.01HEALTH INSURANCE. . 347.02LIFE INSURANCE. . 357.03WORKERS’ COMPENSATION. . 357.04LIABILITY PROTECTION. . 36ARTICLE 8 GRIEVANCE PROCEDURES . 368.01PURPOSE. . 368.02GRIEVANCE DEFINITIONS. . 368.03GRIEVANCE PROCEDURE. . 36ARTICLE 9 CONTRACT CONDITIONS . 389.01MAINTENANCE OF STANDARDS. . 389.02CONFORMITY TO LAW. . 389.03STRIKES OR LOCKOUTS. 399.04APPROVAL. . 399.05DURATION OF AGREEMENT. . 39MEMORANDUM OF AGREEMENT. 40Letter of Understanding. 41MEMORANDUM OF AGREEMENT. 42Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20213

Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20214

PREAMBLE AND RECOGNITIONThe primary purpose of this Agreement is to ensure the efficient operation of the Anchorage SchoolDistrict, hereinafter the "District", as well as establish fair and reasonable working conditions andcompensation for employees covered by this Agreement.The District recognizes Teamsters Local 959, hereinafter the “Union”, as the exclusive collective bargainingagent for all Food Service workers, regularly employed for fifteen (15) or more hours per week, listed inthe classification plan outlined in this Agreement and shall include all employees of the District whoperform the functions assigned to these classifications.ARTICLE 1 UNION RIGHTS1.01AUTHORIZED REPRESENTATIVES.The employees shall have a Business Representative, not an employee of the District, who shallbe authorized to speak for the employees in all matters covered by this Agreement and shall bepermitted, upon notification to the District, to visit any Student Nutrition work site during workinghours, provided it does not interfere with or interrupt job assignments or other normal scheduledactivities.a. Shop Stewards. The Union may select a total of not more than seven (7) shop stewards toconduct official Union duties. The shop stewards shall be appointed by the Union from amongthe employees. Shop stewards shall, upon notification made to the immediate supervisor, beallowed to handle requests, complaints and grievances arising under this Agreement with theproper District representative during working hours. The shop stewards shall suffer no loss ofcompensation for a reasonable amount of time spent in pursuit of these duties. The Unionshall designate in writing to the District the names of the shop stewards. The District shall notbe required to recognize or deal with any employees other than those so designated.1.02UNION ACTIVITIES AND MEMBERSHIP RIGHTS.The District agrees that it will not in any manner, directly or indirectly, attempt to interferebetween any of its employees and the Union, and that the District will not in any manner restrainor attempt to restrain any employee from belonging to the Union or from taking an active part inUnion affairs, and that it will not discriminate against any employee because of Unionmembership or lawful Union activity.Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20215

a. The Union assumes all obligations and responsibility for the continued membership of itsmembers and the collection of their dues, and the Union shall retain the right to discipline itsmembers at all times.b. There shall be no discrimination by the District against any employee because of membershipin or lawful activity on behalf of the Union.1.03UNION SECURITY.When a new bargaining unit employee is hired, the District shall in writing by the last working dayof the month notify the Union of (1) the employee’s name (2) the classification in which theemployee was hired, (3) the employee’s payroll level, (4) the employee’s work schedule, (5) theemployee’s hiring date and time, and (6) the shop steward or Union representative will be allowedto meet with each newly hired bargaining unit employee.As the exclusive bargaining representative for the positions contained within the classificationsand work units referred to in this Agreement, the Union retains the right to determine whetherto process any dispute through the grievance process. Such right includes, but is not limited to,settling a dispute at any stage of the process, or taking a matter to arbitration.a. Dues Deductions. The District shall deduct from each employee who so authorizes, on anauthorization form provided by the Union, the regular Union dues, fees, and contributions.Authorized monthly dues, fees, and contributions shall be withheld from the first pay periodof each month and shall be transmitted monthly on or before the fifteenth of the calendarmonth in which such deductions are made to the Union on behalf of the employee involved.Authorized Union dues, fees and contributions shall be withheld from all pay periods eachmonth and shall be transmitted to the Union on behalf of the employee on or before thefifteenth of the following month.b. Indemnification. The Union shall indemnify the District and hold it harmless against any andall claims, demands, suits, or other forms of liability of any kind whatsoever which may ariseout of, or by reason of, actions taken or omitted by the District for the purpose of complyingwith the provisions of this Article.1.04EMPLOYEE INFORMATION.The District shall, upon request, furnish to the Union a periodic report listing the names of all FoodService employees covered under this Agreement. Their addresses, phone numbers, rate of pay,date of hire, and school location assignment shall be included with this listing.1.05UNION USE OF DISTRICT FACILITIES.a. Buildings. Where there is appropriate available meeting space in buildings owned or leasedby the District, the space may be used for meetings by the Union, provided that a request isapproved in advance pursuant to the Building Rental Policy of the District.Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20216

b. Bulletin Boards. The Union will be provided reasonable space for the posting of Union noticesin areas specified by the District.c. Interschool Mail. The Union shall be permitted to use the interschool mail system fordistributing information to its members only when the District has determined that theinformation pertains to the business of the District. The Union agrees to place its heading onall communications that it distributes and to address all communications to a particularindividual.d. Email. The Union may utilize the District email system to facilitate communication with itsmembers on matters of business unrelated to political issues or matters of conflict oradversity with the District, and in accordance with current District email policies.1.06EXAMINATION OF RECORDS.Material which reflects on the performance of an employee may be placed into the centralpersonnel file or working file by an authorized supervisor at any time. Anonymous, derogatorymaterials shall not be placed in the official file. Any anonymous material retained in a working filemay not be used as the sole reason for disciplinary action against the employee. Such files will besecured. However, employees shall be given copies of all such material at time of placement andshall be given opportunity to respond or rebut in writing within seven (7) workdays any and allentries into the personnel files.a. The District shall maintain only one official, permanent, personnel file; however, the Districtmay maintain working files. Materials maintained in working files of which the employee hasbeen made aware, may be used as future documentation. The District may require theemployees to sign for receipt of materials to be placed in the personnel or working files. If anemployee refuses to sign for receipt, the supervisor may note on the material that theemployee refused to sign and may contact the Union who will be required to sign,acknowledging placement in the personnel or working files.b. Upon written authorization from the employee and upon proper advanced notice, the Unionrepresentative shall have the right to examine employee records pertaining to wages, hours,and conditions covered by this Agreement or materials in the working files. The District shallmake available originals or copies of the original records for examination by the Union uponeight (8) working hours notice from the Union to the office where the record is available.c. Materials more than one (1) year old will not be used against the employee, unless related toan ongoing problem. The employee has the right to request to have these files removed froma working file or personnel file.Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20217

d. Upon request of the employee, the immediate supervisor shall reveal to that employee whohas personnel and working files on that employee.e. Supervisors shall be responsible to maintain the security of the files so that the informationremains privileged for only those authorized.1.07EMPLOYEE TIME SHEETS.All employees shall be required to fill out their time record in accordance with the scheduleddeadlines. Once the Time and Attendance system is in place, employees are required to use theTime, Attendance and Leave system in accordance with District procedures. No time record shallbe changed without first consulting with the employee. Copies of the employee's time record shallbe made available by the District for inspection on a workday by the employee or authorizedUnion representative upon eight (8) hours notice to the office where the records are maintained.An employee may obtain Union representation in the event a dispute arises in the proposedchanges to the timecard or time sheet. Failure to meet scheduled deadlines may affect theemployee’s pay.1.08EMPLOYEE TRAINING.When the requirements of an employee's present job duties change requiring new procedures ornew equipment, the employee will receive the appropriate orientation or training. Training shallalso be provided in order to orient new employees as well as to promote improved employeeskills and heightened competency. When the District conducts training for the benefit of classifiedemployees, there will be notification posted for availability to all employees. Where applicable,notification of training opportunities will be posted in advance.a. In-Service and Training Programs. The District shall pay each regular employee their regularhourly wage when required by the District to attend in-service and training programs.Attendance at scheduled In-Service(s) is mandatory for all identified employees, except forsignificant life events the timing of which is beyond the control of the employee, e.g. collegegraduation. Prior to the end of the previous school year, the Student Nutrition Departmentwill notify all employees, via email or interschool mail, of the time, date and tentative locationof the In-Service(s). In-service training scheduled prior to the first day of school shall bescheduled for the week prior to students returning to class from the summer break. Theemployee will receive at least three (3) hours of regular pay for participation in an in-serviceor training program during District-wide student in-service days as indicated on the approvedDistrict calendar. If the in-service or training is longer than three (3) hours, the employee willbe paid for each hour or partial hour of participation in the activity. In the event of budgetexigencies, assistant managers may be omitted from the In-Service(s).b. Special Training Programs. The District reserves the right to establish special trainingprograms to meet operational needs. The District will provide paid time for thoseparticipating in such programs. The District reserves the right to conduct training, at a worksite other than the one to which the employee normally reports for a period of not moreNegotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20218

than thirty (30) workdays. Announcement of such training programs will be made at eachwork site and provided, by seniority, to those who are qualified for the specific program. Inno event would training programs reduce the number of hours normally worked byemployees.ARTICLE 2 MANAGEMENT RIGHTSNothing in this Agreement shall be construed to limit or impair the right of the Employer to exercise itsown discretion on all management matters, including by way of illustration but not limited to the followingmatter, whatever may be the effect upon employment, when in its sole discretion it may determine itadvisable to do any or all of the following:To manage the District generally; to decide the number and location of facilities; to decide all machines,tools and equipment to be used; to decide the work to be performed; to move or remove a facility or anyof its parts to other areas; to decide the method and place of providing its services; to determine theschedules of work; to maintain order and efficiency in its facilities and operations; to hire, layoff, assign,transfer, and promote employees; to determine and re-determine the qualifications of employees; todetermine and re-determine the number of hours to be worked; to make such reasonable rules andregulations not in conflict with this Agreement, as it may from time to time deem best for the purposesof maintaining order, safety and/or effective operations of its facilities, and after advance notice to theemployees, to require compliance therewith by employees; to discipline and discharge employees for justcause.Management shall have all other rights and prerogatives, including those exercised unilaterally in the past,subject only to express restrictions on such rights, if any, as are provided in this Agreement.ARTICLE 3 HOLIDAYS3.01ELIGIBILITY.To be eligible for holiday pay, the employee must be a regular employee in pay status the lastworking day preceding and the first working day following the holiday. Pay status shall be definedas time spent working on the job or on any approved leave with pay equivalent to their regularlyscheduled daily work shift.No employee shall lose holiday pay for which they are normally entitled solely as a result of aDistrict closure.Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 20219

3.02HOLIDAYS OBSERVED.The following days are designated as holidays off with pay:Martin Luther King DayThanksgiving DayFur Rendezvous Day or Presidents’ Day Thanksgiving Friday(as determined by the School Board)Independence DayChristmas EveLabor DayChristmas DayNew Year’s EveNew Year’s Day3.03HOLIDAYS FALLING ON WEEKEND.If any of the above holidays fall on Sunday, the following Monday shall be considered the legalholiday. When any of the above holidays fall on Saturday, the Friday immediately preceding theholiday shall be considered to be the holiday.3.04RATE OF PAY ON HOLIDAYS.Holidays recognized by this Agreement not worked shall be paid for at straight-time rates for thenumber of hours of work per day normally scheduled for the employee.a. Employees who are required to work on any of the holidays listed in Article 3.02 shall be paidat the rate of two (2) times their basic hourly rate of pay in addition to straight-time holidaypay.Employees required to work on Memorial Day shall be paid at the rate of two (2) times theirbasic hourly rate of pay.Furthermore, employees shall be paid a minimum of two (2) such hours regardless of actualhours worked.ARTICLE 4 LEAVES4.01ANNUAL LEAVE.a. Accrual. Regular employees shall accrue leave only when in paid status. Paid status shallinclude all compensable hours including time spent on the job, paid leave, or paid holidays.Leave accrual shall not include overtime hours.Regular employees shall accrue leave at the following rates:Up to ten (10) years.1000/hr.After ten (10) years.1206/hr.Negotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 202110

b. Regular Use of Leave. Annual leave may be used for the personal illness of the employee,death in the immediate family (up to a maximum of ten (10) days), serious illness or accidentrequiring confinement in the hospital of an immediate member of the employee’s family,personal needs and/or vacations (up to a maximum of twenty [20] days in any one leaverequest) of the employee. Requests for leave with pay for personal needs and/or vacationpurposes must be submitted to the appropriate supervisor at least ten (10) working days inadvance of the time leave is to be taken in order to receive full consideration. Leavessubmitted less than ten (10) working days in advance may be denied by the District.Employees shall be notified within five (5) working days of the receipt of the request as towhether or not it has been approved, with an explanation if the leave request has beendenied. The number of employees on leave for the purpose of personal needs and/or vacationat any given time will be one (1) at each middle and high school, one (1) at the central kitchenfacility, and a total of three (3) from the K-5, K-6, K-7, and mobile cafeteria managerclassifications, or 10% of the workforce. Leave which is not yet approved may be denied whenone (1) individual at a middle school, high school, or central kitchen location is alreadyscheduled to be on leave for any reason. This provision applies to all employees covered bythis Labor Agreement. If after an employee has submitted a leave request the District revisesits calendar as it pertains to in-service days or holidays, the employee shall have the right torevise the leave request.On the first Wednesday in April, employees in K-5, K-6, K-7 and mobile manager classificationswill have the opportunity to reserve leave for the following fiscal year, July 1 through June 30.Based on seniority, a fiscal year calendar will be created reserving the employees’ desireddates up to a maximum number of employees at any given time as listed above. Thecompleted list showing the employee name and secured dates shall be distributed to allemployees prior to the last day of the school year.Employees who have secured dates on the calendar shall submit a leave request inaccordance with the procedures listed above. Employees who do not have enoughaccumulated leave at the time of the request shall not be granted leave beyond the amountthey have accumulated at the time of the request, even if they had secured the dates on theleave calendar.Any requests for leave after the leave calendar has been determined shall be on a first comefirst served basis up to the maximum allowed above.Annual leave must be taken when an employee is absent from work with the followingexceptions: approved family medical leave (FMLA) and workers’ compensation leave inaccordance with Article 7.03. Failure to do so may be considered as a non-excused absence.1. Notification of Absence Due to Illness. Notification of absence on account of illnessshall be provided at least two (2) hours prior to the start of the employee’s regularshift, except for circumstances beyond the control of the employee. Failure to do soshall subject the employee’s absence to being considered as a non-excused absence.Notice of intent to return from absence must be provided to the supervisor at leastNegotiated Agreement – Anchorage School District/Food ServiceJuly 1, 2018 – June 30, 202111

two (2) hours before the end of the employee’s regular shift on the workday prior tothe date of expected return. Without such notice, a substitute will be retained for thefollowing day. Should the employee report to work without providing notice, when asubstitute has been retained, the employee will be sent home and leave will becharged.2. Physician’s Verification. The supervisor may require that an absence due to illness ofthree (3) or more days be supported by a physician’s statement that the employeewas sick or injured and that the employee was incapacitated from work for thatperiod of absence.3. Abuse of Leave. An employee who misrepresents the actual reason for an absencedue to illness shall be subject to disciplinary action.4. Catastrophic Leave. In the case of catastrophic illness or extreme hardship, aBargaining Unit member may be provided leave through Bargaining Unit memberleave donations. The donor must have at least one (1) week’s leave remaining afterthe donation is deducted.c. Use of Annual Leave.1. Employees may accumulate leave, or use leave in accordance with 401.2. Employeesmay cash in leave provided a minimum of one (1) week’s leave remains in their leavebalance. Requests for leave cash in are to be submitted in EmpCenter.2. District-Wide In-Service Days. Employees, excluding those serving their initialprobationary period, may apply for leave or take leave without pay on anyDistrict-wide in-service day, and during the winter or spring break vacation periods.3. Annual leave will not be granted during the first twenty (20) and last ten (10)workdays of the school year, except for significant life events, the timing of which isbeyond the control of the employee, e.g., college graduation.d. Annual Leave Accrual For Initial Probationary Employees. A new employee becomes eligiblefor taking annual leave upon completing sixty (60) working days of continuous employmentwith the District. New employees shall accrue leave in accordance with the above provisions,but may not take any such leave with pay for sixty (60) working days, except in th

Negotiated Agreement - Anchorage School District/Food Service 6 July 1, 2018 - June 30, 2021 . a. The Union assumes all obligations and responsibility for the continued membership of its members and the collection of th eir dues, and the Union shall retain the right to discipline its members at all times. b.