COLLECTIVE BARGAINING AGREEMENT. Between NURSES UNION. SERVICE EMPLOYEES INTERNATIONAL UNION, Local 888. and HOLYOKE SCHOOL COMMITTEE

Transcription

1 COLLECTIVE BARGAINING AGREEMENT Between NURSES UNION SERVICE EMPLOYEES INTERNATIONAL UNION, Local 888 and HOLYOKE SCHOOL COMMITTEE Signed: Effective: July 1, 2010 Expires: June 30, 2012

2 Table of Contents AGREEMENT WITNESSETH ARTICLE ONE - PREAMBLE ARTICLE TWO - UNION RECOGNITION ARTICLE THREE - UNION REPRESENTATIVES ARTICLE FOUR - CONTINUITY OF OPERATIONS ARTICLE FIVE - PROBATIONARY PERIOD ARTICLE SIX - HOURS AND OVERTIME ARTICLE SEVEN - WAGES ARTICLE EIGHT - HOLIDAYS ARTICLE NINE - SICK LEAVE ARTICLE TEN - FUNERAL LEAVE ARTICLE ELEVEN - MISCELLANEOUS ARTICLE TWELVE - SCOPE OF AGREEMENT ARTICLE THIRTEEN - ALLOWANCES ARTICLE FOURTEEN - ADJUSTMENT OF GRIEVANCES ARTICLE FIFTEEN - FAMILY AND MEDICAL LEAVE ACT, MASSACHUSETTS MATERNITY LEAVE ACT, MILITARY LEAVE ARTICLE SIXTEEN - PERSONAL LEAVE ARTICLE SEVENTEEN - CHECKOFF OF UNION DUES AND AGENCY SERVICE FEES ARTICLE EIGHTEEN - LONGEVITY ARTICLE NINETEEN - DURATION APPENDIX A - AUTHORIZATION FOR THE DEDUCTION OF UNION DUES AND AGENCY SERVICE FEES

3 AGREEMENT THIS AGREEMENT made and entered into by and between the Holyoke School Committee, Holyoke, Massachusetts, hereinafter designated and referred to as the Committee and the Service Employees International Union, Local 888, located at Charlestown, Massachusetts, hereinafter designated and referred to as the Union, which is an employee organization acting as the agent of the employees in the bargaining unit described in Paragraph 2.1 of this Agreement hereinafter designated and referred to as the employees. WITNESSETH WHEREAS, in the manner and to the extent provided in this Agreement, the Committee, the Union, and the employees desire to enter into an Agreement relating to wages, hours and other conditions of employment. NOW THEREFORE, in consideration of the mutual agreements herein contained and the performance by each of the Parties of the terms and provisions of this Agreement, all as hereinafter set forth, the Committee, the Union, and the employees hereby mutually and jointly agree as follows: ARTICLE ONE - PREAMBLE Paragraph 1.1 Recognizing that the establishment and maintenance of the highest possible performance and service standards are essential to the community and the National interest and that the legitimate and mutual interests of the employees and the residents of City of Holyoke and directly related to the quality and efficiency of the facilities operated and the services provided by the City, it is the intent and purpose of this Agreement to provide orderly collective bargaining relations among the Committee, the Union, and the employees, to provide procedure in the manner and to the extent provided in this Agreement for the prompt and peaceful adjustment of disputes or differences which might arise from time to time, to provide for the implementation of the rights and benefits of the employees as described in this Agreement, to provide for the performance of work by the employees in a conscientious and skillful manner which will further efficiency and economy of operation and quality of performance and to assure the continuity of the operation, facilities and services under the jurisdiction of the Committee. Paragraph 1.2 Each of the Parties to this Agreement agrees that it is the duty of the Committee, the Union, and the employees to cooperate fully, faithfully, individually and collectively in the observance of the provisions of this Agreement. In recognition of the principle of a fair day's work for a fair day's pay and for the purpose of improving efficiency in the administration of the facilities operated and the services provided by the Committee, each employee pledges that he will cooperate with the Committee in conserving materials, tools, equipment and other property, aiding and encouraging - 2 -

4 reliable attendance and in complying with the policies, procedures, regulations and standards prescribed by the Committee. Paragraph 1.3 Except when otherwise specifically provided, references in this Agreement to numbered Articles and Paragraphs refer to correspondingly numbered Articles and Paragraphs in this Agreement. The Holyoke School Committee will be designated and referred to as the Committee or Employer. Paragraph 1.4 Unit A agrees to the employer being changed from the City of Holyoke Board of Health to the City of Holyoke School Committee effective July 1, The Parties agree that, effective July 1, 1999, the authority granted to the Board of Health shall be exercised by the City of Holyoke School Committee and the authority granted to the Health Director shall be exercised by the Superintendent of Schools or his/her designee(s). ARTICLE TWO - UNION RECOGNITION Paragraph 2.1 Subject to the terms and provisions hereinafter provided and in accordance with the provisions of Chapter 31 and of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, the Committee, during the term of and to the extent provided in this Agreement, recognizes the Union as the collective bargaining representative with respect to wages, hours, and conditions of employment for the employees employed by the Committee in the bargaining unit consisting of: all registered nurses employed by the Holyoke School Committee as public school nurses, nurse practitioners but excluding the three (3) supervising nurses. Paragraph 2.2 Nothing in this Agreement shall limit or restrict the right of the employees not included in the bargaining unit as provided in Paragraph 2.1 from performing for or on behalf of the Committee such work incidental to their normal functions and responsibilities as they consider necessary or advisable. Paragraph 2.3 The Union and the employees agree that the responsibility and the right to cooperate and manage the business and the affairs of the Committee, the right to select and direct the working forces, and the right to control, direct, discontinue and change the use of its properties, equipment facilities, services and supplies are vested exclusively in the Committee. These rights include by way of illustration and without being limited to the right to control, determine and change the manner and the extent to which the properties and facilities under the control or supervision of the Committee shall be operated, located, increased, decreased or discontinued; to organize the supervisory staff and the employees and to establish, change, and discontinue their duties and work area assignments including the right to introduce, operate, change, and discontinue experimental and new or improved facilities, methods, operations, programs, processes, services and techniques; to control, determine and change operating, overtime, emergency, experimental, training and working assignments and schedules; to determine, control and change all matters pertaining to financial policies, account procedures, public relations and the organization of the - 3 -

5 management staff and the working force; to select, test, train and determine the ability and the qualifications of the employees; to obtain from any source and to contract and subcontract for materials, services, supplies and equipment; to determine, control and change the extent of and the methods used in furnishing services to the residents of the City of Holyoke; to employ, assign, lay off, transfer, interview, promote and retire employees, to discipline, suspend or dismiss employees in the manner provided by law and to limit union activities, the distribution of literature and solicitation for money or other purposes during working hours and on the premises under the control or supervision of the Committee; to determine, establish and make changes in job descriptions and standards, frequency and standards of inspection, the size of the work force and the number of days and hours in the day and the work week for some or all of the employees; to establish, distribute, modify and enforce policies, rules and regulations governing employee conduct, the use of facilities, operating procedures and health and safety regulations and to investigate all matters relating to or affecting the operations of the Committee, employee conduct and public relations; to control, determine, direct, establish and change facilities and services on the premises under the control or supervision of the Committee for the use or benefit of the employees; to control, determine, establish and change standards for leave of absence and to determine, establish and change any form of employee benefits in excess of and in addition to those provided in this Agreement; to determine, change and discontinue operating practices and procedures; to maintain discipline and order and to maintain and improve efficiency within its operations and facilities and all other rights pertaining to the operation and management of the business and the affairs of the Committee and the establishment and change of conditions of employment not specifically given in this Agreement to the Union or to the employees provided, however, that none of these rights shall be exercised by the Committee contrary to any specific provision of this Agreement. The failure by the Committee to exercise any of the rights as provided in this Paragraph shall not be construed as a waiver of these rights. The provisions of this Agreement shall not be construed to constitute a waiver of or any restriction upon the interest and legal rights of the Committee to control, direct, manage and make changes in the operations and the affairs of the Committee or of any of its Departments. Paragraph 2.4 None of the provisions of Paragraph 2.3 shall in any manner limit or restrict the right of the Union to represent the employees in the bargaining unit with respect to wages, hours and conditions of employment as provided in Paragraph 2.1. The Committee and the Union agree that the provisions of this Agreement shall be applied without regard to race, color, religious creed, sex or national origin and that they will not during the term of this Agreement nor at any other time directly or indirectly or in any manner whatsoever apply or attempt to apply any discipline, discrimination or penalty against any employee who engages or refrains from engaging in lawful union activities. Paragraph 2.5 The Union enters into this Agreement on its own behalf and as the collective bargaining representative of the employees in the bargaining unit as provided in Paragraph

6 Paragraph 2.6 Subject to the terms and provisions of this Agreement and in accordance with the provisions of Chapter 150E of the Massachusetts General Laws and the effective Rules and Regulations prescribed by the Labor Relations Commission of the Commonwealth of Massachusetts governing agency service fees, each employee in the bargaining unit: who is not a member of the Union and who, on the date of this Agreement has completed his/her probationary period shall as a condition of continued employment by the Committee during the term of this Agreement, pay an agency service fee to the Union; and, who is not a member of the Union who, on the date of this Agreement has not completed his/her probationary period and each new employee in the bargaining unit whose employment by the Committee begins after the date of this Agreement shall, beginning on the first (1st) day of the month following the completion of his/her probationary period and as a condition of continued employment by the Committee during the term of this Agreement, pay an agency service fee to the Union as provided herein. ARTICLE THREE - UNION REPRESENTATIVES Paragraph 3.1 The Committee will deal with any two (2) of the Officers of the Union specified herein, to wit, President, Vice President, Secretary or Treasurer, one of whom shall be the President or Vice President, with respect to matters pertaining to the administration of the provisions of this Agreement. The Union shall as soon as reasonably possible after the execution of this Agreement, furnish to the Committee, in writing, the names of its Officers with whom the Committee will be requested to deal as provided in this Paragraph. The Union shall promptly notify the Committee, in writing of any changes in the identity of its Officers. Paragraph 3.2 The Officers of the Union, as specified in Paragraph 3.1 in this Article, shall have access to the office of the Committee's designated representative at reasonable periods during the hours when the office of the Committee's representative is open for business for the purpose of administering the provisions of this Agreement. The Officers of the Union shall, whenever possible, make an advance appointment for such visits. Paragraph 3.3 The Committee will upon request by the Union make reasonable arrangements for the President and the Officers of the Union to discharge their responsibilities under the provisions of this Agreement after the end of the school day. The Union agrees that in the performance of their duties, Officers shall not: Leave their work or their work station without the prior knowledge and approval of their Supervisor, nor Enter into another department without the prior approval of the Supervisor of said department, nor shall such Officer interfere with the work or with the work schedule of - 5 -

7 any employee of the Committee. The Union agrees that its President and its Officers are the agents of the Union and that each of said Officers shall exercise responsible judgment and due care in the discharge of his/her duties and responsibilities under the provisions of this Agreement in a manner which will not interfere with the orderly and efficient operation of the Committee. Paragraph 3.4 Nothing in this Article or in this Agreement shall authorize or permit an Officer of the Union to give instructions to any supervisory personnel or to any employees of the Committee concerning their work, to take any action which will in any way interrupt or interfere with the operation of any department or the affairs of the Committee or to alter or modify any of the terms or provisions of this Agreement. In the event that an Officer should directly or indirectly assist, cause, encourage, support, threaten or participate in any of the prohibited conduct described in Paragraph 4.1 or engage in any violation of the provisions of this Agreement, the Committee may invoke disciplinary action including discharge. ARTICLE FOUR - CONTINUITY OF OPERATIONS Paragraph 4.1 The Union and the employees agree that they will not for any reason including an alleged prohibited practice, directly or indirectly, assist, authorize, cause, condone, encourage, induce, finance, permit sanction, sponsor, support, threaten or participate in any strike, walkout, sitdown, slowdown, boycott, picketing, work stoppage, refusal to work, withholding of services or any interference with the operations, services or any of the functions of the Committee. During the period of negotiations between the Union and the Committee, including mediation, fact finding and any other statutory impasse procedures, said negotiations shall be conducted without threats of sanctions or strikes by the Union. Paragraph 4.2 The Union agrees that it will not ratify, condone or lend support to any violation of Paragraph 4.1 by any employee or employees, that it will immediately order that such violation cease forthwith, that work be fully and promptly resumed and that the employee or employees comply promptly with the provisions of this Article. Any employee or employees who engage or participate in any of the prohibited conduct described in Paragraph 4.1 shall be subject to disciplinary action, including reprimand, suspension and discharge. Paragraph 4.3 In addition to any other liability, remedy or right provided in this Agreement or by applicable law or statute, in the event that any employee or employees engage or participate in any of the prohibited conduct described in Paragraph 4.1, the Union shall promptly, forthwith and without delay: Publicly disavow such action by the employee or employees; Advise the Committee, in writing, that such action by the employee or employees has not been called or sanctioned by the Union; - 6 -

8 Notify the employee or employees, in writing, of the disapproval of such action by the Union and instruct such employee or employees to cease such action, to return to work immediately, and to comply promptly with the provisions of this Article, and Notify all members that the Union disapproves such action by the employee or employees and instructing the employee or employees to cease such action, to return to work immediately, and to comply promptly with the provisions of this Article. The Union agrees that it will support and assist the Committee in maintaining the continuity of the normal and usual services of the Department. Paragraph 4.4 In the event that any employee or employees engage or participate in any of the prohibited conduct described in Paragraph 4.1, the Committee shall have the unqualified right to institute and pursue legal action to enjoin the continuance of said prohibited conduct and for other relief or remedies. The Union agrees that such legal action, if initiated or pursued by the Committee, shall not constitute the exclusive remedy available to the Committee nor shall such legal action be construed or deemed to be a waiver by the Committee of such other rights or remedies as may be available to the Committee under the provisions of this Agreement or under the provisions of law. ARTICLE FIVE - PROBATIONARY PERIOD Paragraph 5.1 The first six (6) months of actual work by a new employee in the bargaining unit shall constitute such employees' trial period. ARTICLE SIX - HOURS AND OVERTIME Paragraph 6.1 School Nurses shall work the hours of the school(s) assigned to them by the Superintendent and/or the Supervising Nurses. The number of hours worked per day shall be seven and one-quarter (7.25). These provisions shall apply to floats and nurse practicioners. The bargaining unit members will be required to work an additional one (1) day during the summer recess (the day following the last day of school to the day preceding the start of the next school year as scheduled by the school department) to be scheduled with their respective principals or administrators. Bargaining unit members per diem rate is calculated using 1/180 of total salary. Employees failing to work these days will not be eligible for sick, personal or other paid leaves under the contract for these days. Paragraph 6.2 The employees recognize that a reasonable amount of additional work time is often required as part of the job, up to five (5) hours per week. For hours above both the normal scheduled hours and for the additional hours a week described herein, employees shall be paid at the rate of one and one-half (1.5) times the straight - 7 -

9 time hourly rate of pay. No overtime shall be worked unless such work is approved in advance by the Superintendent or his/her designee, or the principal. Paragraph 6.3 Nothing in this Article shall be deemed to be a guarantee of any particular schedule and the Holyoke School Committee retains the right to change hours or assignments. Paragraph 6.4 Notwithstanding any provision of paragraph 6.2, Nurses employed in summer School Programs, After School Programs, and Evening School shall be paid twenty-five dollars ($25.00) per hour. ARTICLE SEVEN - WAGES Paragraph 7.1 Employees will be compensated on a bi-weekly basis according to the following annual compensation schedule: HOLYOKE PUBLIC SCHOOLS - NURSES SALARIES (.5%) (.5%) Effective 7/1/10 Effective 7/1/11 Step 1 $38,665 $38,858 Step 2 $39,722 $39,921 Step 3 $40,778 $40,982 Step 4 $41,833 $42,042 Step 5 $42,888 $43,102 Step 6 $43,945 $44,165 Step 7 $45,001 $45,226 Step 8 $46,056 $46,286 Paragraph 7.2 Members of the bargaining unit shall have the following wage classifications: NS-13 NS-19 Public School Nurses Nurse Practitioner Paragraph 7.3 The parties agree that in the event the Committee hires a nurse with less than two (2) years of experience, said employee shall be paid at Step 1 of the compensation schedule provided in paragraph 7.1 above. For any RN hired after January 1, 2007, placement on the wage scale will be determined at the discretion of the Administration. The practice of the Administration has been related to the years of experience the newly hired individual has as a Registered Nurse. Paragraph 7.4 Salaries will be paid in twenty-six (26) equal installments on the same day of each second week. Nurses, who desire the summer payments in one (1) - 8 -

10 sum at the end of June, shall notify the Office of the Superintendent, in writing, as directed by the Administration. Paragraph 7.5 Upon the signing of this agreement, all bargaining unit members will receive a one time bonus equivalent to.5% of their salary. This bonus will not be applied to the bargaining unit members base salary. Paragraph 7.6 The parties agree to reopen this Agreement solely on the issue of wages if any other School Committee bargaining unit is granted a wage increase higher than.5% during the term of this Agreement. All other provisions of this Agreement shall remain in full force and effect. If the designated payday occurs on a holiday, every effort will be made to issue the paycheck the day before the holiday. ARTICLE EIGHT - HOLIDAYS Paragraph 8.1 The following days are recognized as holidays: New Year's Day Martin Luther King Day Washington's Birthday Patriot's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Paragraph 8.2 Any employee required to work on a holiday listed in Paragraph 8.1 will be entitled to two (2) days of compensatory time, as scheduled by the Superintendent or his/her designee. ARTICLE NINE - SICK LEAVE Paragraph 9.1 In the manner and to the extent provided in this Article, a full-time post probation employee who is unable to work because of bona fide disabling illness or injury not including: an occupational injury for which the employee is eligible to receive Workmen's Compensation; or (b) an injury incurred during the course of gainful employment or self-employment other than as an employee of the Committee shall upon notification, in writing, on a form provided by the Committee to the Superintendent as soon as possible after the beginning of said illness or the occurrence of said injury, receive the amount of his/her then current daily compensation for a maximum of fifteen (15) days in any calendar year, plus any cumulative total as prescribed in Paragraph 9.2. The sick leave as - 9 -

11 provided in this Article shall not apply in the event of injury, illness or disability which is self-imposed or which results from the use of alcohol or drugs. Commencing January 1, 1984, sick leave shall be credited to each employee's account monthly. On the first day of each month, one and one quarter days (1-1/4) shall be credited; provided however, that in the year an employee leaves Committee service through either retirement or death, the employee's account shall be credited with the full fifteen (15) days of sick leave. During each calendar year, an employee may take up to three (3) sick days for personal reasons providing that the employee has sick leave time credited. Paragraph 9.2 The sick leave in each calendar year as provided in this Article shall apply to each full-time post probationary employee and shall be cumulative from year to year without limitation while in the employ of the Committee. Before approving sick leave as provided in this Article for an employee who has been absent from work for three (3) or more consecutive work days in any single calendar year, the Committee may require a certificate signed by the attending physician of the illness or injury for which sick leave is claimed. Paragraph 9.3 Upon death, retirement or resignation, after two (2) full years of continuous Committee employment, the Committee will pay to each employee one (1) day's pay for each three (3) days of accumulated sick leave as provided in Paragraph 9.2, except that in no circumstance shall the amount payable under this Paragraph exceed two thousand dollars ($2,000.00). ARTICLE TEN - FUNERAL LEAVE Paragraph 10.1 In cases of death of near relatives, viz.: spouse, father, mother, sister, brother, son or daughter, or for relatives residing in the same household, nurses shall be allowed absence of not more than five (5) calendar days in succession immediately following the day of the death, which shall not be charged against the annual and accumulative sick leave, and of three (3) calendar days in case of death of a father-in-law, or mother-in-law, and of one (1) calendar day in cases of death of the following relatives whose place of residence is elsewhere than in the same household: brother-in-law, sister-in-law, son-in-law, daughter-in-law, uncle, aunt, nephew, niece, grandfather, grandmother, or grandchildren. Provided however, the Superintendent may at his/her discretion, grant additional bereavement days, but the granting of such additional days shall in no event cause the total number of days provided under this ARTICLE to exceed five (5) school days. The intent of this language is to provide bereavement leave for the nurse during the regular school year only, and is intended to be used only if the nurse would have worked and not been absent for any other reason. Funeral of a Friend of Professional Colleague: The Principal may permit, within reason, members of the nursing staff, to attend the funeral of a close family friend or professional colleague, without loss of pay, providing his/her health room can be covered by another nurse at no expense to the School Department

12 ARTICLE ELEVEN - MISCELLANEOUS Paragraph 11.1 Each employee, whether actually working or on a leave of absence, shall keep the Superintendent advised of their correct address and telephone number. The mailing of a notice to the address furnished to the Committee by an employee as provided in this Paragraph shall be deemed to be in compliance by the Committee with any provision of this Agreement which requires notice to an employee. Paragraph 11.2 Each employee shall comply promptly with the present or future procedures prescribed by a Government Agency or by the Committee requiring physical or other examinations. When required by the Committee, the examiner or the physician shall be selected by the Committee and the Committee shall pay the professional fee for such required examinations. Paragraph 11.3 In the event of any conflict or inconsistency between the provisions of the Agreement and an effective ordinance of the Committee, the provisions of this Agreement shall prevail. Paragraph 11.4 Employees called for jury duty shall be entitled to receive pay at regular rates for the time absent on jury duty minus any pay received for jury duty. Paragraph 11.5 All employees in the bargaining unit shall be eligible to participate in such group insurance as in force and effect during the term of this Agreement for employees of the Holyoke School Committee. Paragraph 11.6 Subject to the operating needs of the Department and further to the staffing requirements of the same, reasonable time off with pay may be granted to nurses to attend professional, educational, clinical conferences, and/or workshops; such time to be at the discretion of the Superintendent or his/her designee. Employees shall receive seventy-five dollars ($75.00) each year, for reimbursement of CEU courses. Nurses shall qualify for the "cost free option" to maintain their Department of Education (D.O.E.) certification. Paragraph 11.7 When any nurse vacancy occurs to which a member of the unit is subject to being assigned, notice of such vacancy will be posted for seven (7) working days except where it is impracticable to do so, in all branches of the department. The School Department shall also mail such notice to the President of the Union. The position, if filled, will be on the basis of ability and qualifications and where ability and qualifications are equal, seniority may be considered. Nothing herein shall interfere with the power of the department to reassign personnel so long as the procedure set forth herein is adhered to. Paragraph 11.8 Changes, additions, and amendments to Community Health Policies, as revised, Child Health Conference Policies, and School Health Policies shall be published and posted and a dated and signed copy shall be made available to each nurse. The additions stated above shall also be added to the Procedure Book

13 Paragraph 11.9 The nurse job description shall be reviewed and updated periodically in order to keep such description current. Paragraph Members of the unit are to be provided with in-service training, instruction and adequate orientation with regard to the initiation of new, additional, or amended nursing services not presently required of them. Nothing in this Paragraph shall in any way restrict the right of the Holyoke School Committee to institute such new, additional, or amended nursing services. Paragraph The Union shall designate a standing committee of three (3) employees within the unit, which Committee shall meet with the Department Head and representative of the Committee at the request of either party. Such meetings shall be limited to not more than three (3) in number annually and that further an agenda shall be agreed upon in advance by the Department Head and the Union not less than one (1) week prior to the meeting. The purpose of such Committee will be a vehicle to discuss Labor Management matters. Paragraph [RESERVED] Paragraph The Committee agrees, that upon request, it will commence collective bargaining with the Union not later than six (6) months prior to the expiration of this Agreement, for the purpose of formulating an Agreement for a period subsequent to the expiration date of this Agreement. Nothing in this Paragraph shall be construed to require the Committee to negotiate on any matter during the period in which this agreement is in effect. Paragraph For purposes of retirement and sick-leave buyback for school nurses, school supervising nurse(s) and nurse practitioners, the annual work year shall be deemed to begin on the first day of school in each respective school year. Paragraph The Committee shall be responsible for payment of nurses liability insurance. Paragraph Discipline shall be supported by just cause. ARTICLE TWELVE - SCOPE OF AGREEMENT Paragraph 12.1 The Union, the employees, and the Committee acknowledge and agree that during the course of the negotiations preceding the execution of this Agreement, all matters and issues of interest to the Union, to the employees and to the Committee pertaining to salaries, wages, hours and conditions of employment have been fully considered and negotiated, that each Party was afforded the right to present and discuss proposals pertaining to salaries, wages, hours and conditions of

14 employment and that the understanding and agreements among the Parties concluded during the course of the negotiations are fully stated in this Agreement. Paragraph 12.2 The Union, the employees, and the Committee agree that during the term of this Agreement all matters and issues pertaining to salaries, wages, hours and conditions of employment are and shall be governed exclusively by and limited to the terms and provisions of this Agreement and that neither the Union nor the Committee shall be obligated to negotiate with the other during the term of this Agreement with respect to any matter or issue pertaining to salaries, wages, hours or conditions of employment whether or not specifically included in this Agreement or discussed during the negotiations preceding the execution of this Agreement, except as provided in Paragraph Paragraph 12.3 Except as otherwise specifically provided, the provisions of this Agreement shall apply only to employees who are actually working and in the active employ of the Committee on and after the date of the execution of this Agreement. Paragraph 12.4 No addition to, alteration, modification or waiver of any term, provision, condition or restriction in this Agreement shall be valid, binding or of any force or effect unless made in writing and executed by the Committee and by the Union. The Union agrees that any such alteration, modification, or waiver can be executed by the Officers of the Union without the necessity of a vote of the membership. Paragraph 12.5 The failure by the Committee or the Union in one or more instances to observe or enforce any provisions of this Agreement shall not be construed to be a waiver of said provisions. Paragraph 12.6 The parties agree that during the term of this agreement, either the Committee or the Union may request that the parties negotiate a "Drug and Alcohol Policy" pertaining to the members of the union and, upon such request, the parties shall be obligated to negotiate during the term of this Agreement but solely with respect to the matter of a Drug and Alcohol Policy. ARTICLE THIRTEEN - ALLOWANCES Paragraph 13.1 The School Committee will, upon receipt of a documented claim and evidence of an insurance company payment, contribute a maximum of five hundred dollars ($500) to offset the deductible costs incurred by the nurse. The documentation must establish the vandalism act occurred while the nurse was on-the-job and executing the assigned duties of his/her job

15 ARTICLE FOURTEEN - ADJUSTMENT OF GRIEVANCES Section I Grievance Procedure: 1. The purpose of the procedures set forth below is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by this Contract. Such a problem shall be defined as a grievance under this Contract and must be presented promptly but no later than fifteen (15) calendar days (exclusive of Saturdays, Sundays, holidays and the school year vacation periods) after it arises or the employee first has knowledge of the event initiating the problem, and be processed in accordance with the following steps, time limits and conditions set forth. All grievances will be presented and answered in writing, on a form to be mutually developed by the Parties. Nothing in this procedure will preclude the Parties from resolving problems informally before a grievance is presented formally (in writing) at Level One. Any employee may discuss any grievance with the Union Officers. 2. Level One: The employee or a Union officer shall present the written grievance to the employee's immediate supervisor (building principal) within the time limits set forth above. The supervisor shall give a written answer within seven (7) calendar days (exclusive of Saturdays, Sundays, holidays and the school year vacation periods). 3. Level Two: If the grievance is not settled at Level One within seven (7) calendar days of the written presentation to the immediate supervisor, a Union officer shall within seven (7) calendar days after receipt of the immediate supervisor's answer, present the grievance to the Superintendent of Schools who shall meet with a Union officer and Grievant within seven (7) calendar days of receipt of the written grievance. The Superintendent shall give a written answer within seven (7) calendar days of the Level Two meeting. 4. Level Three: If the grievance is not settled at Level Two, a Union officer may appeal it, by giving written notice of such appeal, within seven (7) calendar days after such receipt of the written answer of the Superintendent, to the School Committee, who shall discuss it with the Union representative at a meeting to be held within fourteen (14) calendar days following receipt by the School Committee of the written appeal of the Union. The School Committee shall give a written answer within seven (7) calendar days next following the Level Three meeting

16 5. Level Four: If the grievance is not settled at Level Three, a Union officer may submit it to final and binding arbitration by giving the School Committee written notice, within fourteen (14) calendar days of the Union's receipt of the School Committee's Level Three written answer, of its desire to arbitrate the problem. The procedures governing the arbitration process are set forth below. Section II Arbitration: 1. The arbitration proceeding will be conducted under the rules of the American Arbitration Association. The Arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement. The award shall be final and binding on the School Committee, the Union and the Grievant. Each Party shall bear the expenses of its representatives and witnesses, and the fees and expenses of the Arbitrator shall be borne equally by the parties. 2. If the School Committee claims the Union has violated any provision of the Agreement, it may present such claim to the Union in writing and if the Parties fail to settle it within ten (10) calendar days, the School Committee may submit the problem to arbitration under the provision of this Article. Section III General Provisions: 1. The Committee acknowledges the right of the Union to participate in the processing of a grievance at any level. 2. If in the judgment of the Union, a grievance affects a group or class of employees, the Union may submit such grievance directly to Level Two. 3. Provided the Parties agree, Level One may be bypassed and the grievance brought directly to Level Two. 4. No reprisals of any kind will be taken by either party because of their participation in this Grievance Procedure. 5. All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants. 6. The resolution of all problems settled informally will be consistent with the terms of this Agreement

17 7. All reference to calendar days will be exclusive of Saturdays, Sundays, holidays and school year (September to June) vacation periods. Time limits involving grievances initiated during or overlapping the summer vacation period will be exclusive of Saturdays, Sundays and holidays. All other days during the summer vacation period will be within the time limits specified for the particular level(s) involved. 8. Nurses subject to discharge and/or suspension under the provisions of G.L. c. 71, 42 and 42D shall elect between the grievance arbitration provisions of the agreement and the statutory arbitration provisions of the aforementioned law in pursuing any appeal of such action. Once one forum is selected, the other shall be foreclosed to the Nurse. 9. If an arbitration hearing is scheduled during the regular work day, the Union may request a total of no more than four (4) representatives or witnesses to attend the hearing without loss of earnings, provided that their health room and/or assignment can be adequately covered at no expense to the School Committee. In the event the health room and/or assignment requires a substitute, the Union will assume the full cost of the substitute(s). The Union must give the Superintendent of Schools three (3) calendar days notice specifying the names of the Union representatives who will attend the hearing. If the Union deems it necessary to have representatives and/or witnesses in excess of the four (4) referenced above, they will have the right to have a reasonable number attend and/or participate but only with the above-mentioned prior notice to the Superintendent and with no provision for protection against loss of earnings. ARTICLE FIFTEEN - FAMILY AND MEDICAL LEAVE ACT, MASSACHUSETTS MATERNITY LEAVE ACT, MILITARY LEAVE Employees in the bargaining unit may be entitled to leave under the Family and Medical Leave Act (FMLA) and/or the Massachusetts Maternity Leave Act (MMLA). The Parties to this agreement specifically agree and acknowledge that the rights and obligations under both these laws will apply. The Parties to this Agreement specifically agree and acknowledge that an employee seeking redress for an alleged violation of these laws shall select only one forum for litigating the alleged violation. Employees taking up to eight weeks leave under the MMLA may use accrued time such as sick and vacation, during the leave. Employees taking up to twelve weeks leave under the FMLA must use accrued time such as sick and vacation, during the leave. Any leave under the FMLA will run concurrently with any other leave provision. Military Leave The Parties to this Agreement acknowledge that employees may take a protected leave of absence related to service in the armed forces. Leaves shall be granted in a manner consistent with federal or state law governing such leaves and re-employment

18 ARTICLE SIXTEEN - PERSONAL LEAVE Paragraph 16.1 Two (2) personal days per year, unrelated to sick days, may be taken by each permanent, full-time member of the Bargaining Unit. ARTICLE SEVENTEEN - CHECKOFF OF UNION DUES AND AGENCY SERVICE FEES Paragraph 17.1 During the term of this Agreement, the Employer agrees that it will at the written request of employees who sign and deliver to the Employer a written authorization designated as AUTHORIZATION FOR THE DEDUCTION OF UNION DUES AND AGENCY SERVICE FEES in conformity with Appendix 'A' attached to and made a part of this Agreement, make deductions in the manner and to the extent specifically described in this Article Seventeen from the wages due and payable to said employee of their uniform periodic, regular, current, monthly Union dues as members of the Union and, as to those employees who are not members of the union, the agency service fee as provided in paragraph 2.6. Paragraph 17.2 The deductions from wages as provided in this Article Seventeen shall be made in equal installments on the first (1 st ) and second (2 nd ) pay days in each month in the total amount equal to the Union dues for that month. The deduction from wages as provided in this Article shall be subordinate to first, deductions for Federal, State or Municipal Withholding Taxes and second, deductions for hospital and medical payments, pension or retirement premiums or insurance premiums under a plan sponsored by the Employer, a Government Agency or by a group of the employees of the Employer. Paragraph 17.3 The amount of the regular, current, monthly Union dues collected by the Employer by deductions from the wages due and payable to the employee as provided in Paragraph 17.1 together with a statement in the form which the Employer considers convenient and adaptable to its record keeping procedures designating the name of each employee from whose wages the deductions were made and the amount of each deduction shall be mailed to the Treasurer of SEIU Local 888 at Charlestown, Massachusetts not later than the last day of the next month in which such Union dues have been collected by the Employer. Upon the mailing of the amount of said deductions to the Union, the Employer shall be relieved of further liability or responsibility to the Union with respect to said funds and the statement by the Employer containing the name of each employee and the amount of each deduction shall be deemed correct unless within ten (10) days after the mailing of said statement the Union notifies the Employer in writing of any error. Paragraph 17.4 The authorization for the deduction of union dues and agency service fees referred to in Paragraph 17.1 may be withdrawn by the employee by whom it was executed at any time by giving at least thirty (30) days' notice in writing of such withdrawal delivered to the Treasurer of the City at his/her office in Holyoke, Massachusetts and by the filing of a copy of said withdrawal with the Treasurer of the Union at Holyoke,

19 Massachusetts. Said authorization, if not previously withdrawn or revoked shall be deemed to be automatically cancelled and revoked and of no further force or effect upon the termination of the employment of the employee by whom it was signed. Paragraph 17.5 It is agreed that the obligations of the Employer with respect to the check-off of uniform, regular, current, monthly Union dues or agency fees are limited to the obligations set forth in this Article and that the obligations shall not be deemed extended or increased by the provisions of any forms of authorization or by any other means. In particular, the obligation of the Employer to make deductions from the wages due and payable to the employees as provided in this Article Seventeen is limited to uniform, regular, current, monthly Union dues or agency fees and does not obligate or require the Employer to collect or deduct fines or assessments of any kind which may be levied on its members, individually or collectively by the Union. The Union agrees that all payments for dues or agency fees received from the Employer by deductions from the wages due and payable to the employees under the provisions of this Article or received directly from an employee shall be applied solely toward the uniform periodic, regular, current monthly Union dues or agency fees for said employee or employees and that none of said payments shall be applied by the Union toward the payment of fines or assessments of any kind. Paragraph 17.6 The Employer shall not be liable to the Union for any error in making or failing to make any deduction required by the provisions of this Article except for willful misconduct or clear lack of good faith provided however, that upon notice in writing to the Employer by the Union of such error, the Employer will make the appropriate deduction in the manner and to the extent prescribed in this Article in the next following pay period. The Union agrees that the Employer shall have the unqualified right to decline to make a deduction or deductions required by the provisions of this Article, if deemed necessary or prudent by the Employer to protect itself against assignments, attachments or liens against the wages of an employee which in the judgment of the Employer are or may be prior to or superior to any deductions authorized pursuant to the provisions of this Article. The Union agrees that nothing in this Article shall be construed to obligate or require the City to do anything or to take any action contrary to government statutes or regulations. Paragraph 17.7 The Employer may conclusively rely upon a written statement signed by any person purporting to be the authorized representative of the Union stating the amount of the uniform, periodic, regular, current monthly Union dues or agency service fees, as the case may be. Unless and until advised in writing by the Union, that the amount of its uniform periodic, regular monthly dues or agency fees has been changed in accordance with applicable law, the Employer may conclusively presume that the amount of said monthly dues or agency fees are unchanged. Paragraph 17.8 The Union agrees to and does hereby indemnify, defend and hold the Employer harmless from and against any and all claims, demands, liabilities, obligations, suits or any other form of legal action or litigation arising from or related to any action taken by the Employer in reliance upon any information, list, notice,

20 statement, or authorization for the check-off of Union dues or agency service fees delivered to the Employer by the Union or by an employee for the purpose of complying with any of the provisions of this Agreement or of this Article. Paragraph 17.9 The Union agrees that it will not request the Employer to discharge or suspend a bargaining unit employee for any reason other than the failure by such employee to remit the Agency Service Fee as provided in this Article or the Union dues and uniform assessments levied against all members and as set forth in this Article. The Union agrees to deliver a notice in writing to the Employer and to the employee when an employee is not in compliance with the provisions of this Article by reason of his/her default in the payment of his/her Agency Service Fee or Union dues. Any such request by the Union that the Employer discharge or suspend such employee because of said default shall not become effective until thirty (30) calendar days have expired from the delivery of said notice to the Employer and to said employee. The tender to the Union of the amount of the delinquency within said thirty (30) day period shall automatically and fully cure such default of such employee and the Union shall, upon receipt of such remittance, promptly notify the Employer thereof. The failure by the employee to cure said default within the said period of thirty (30) calendar days shall be deemed just cause for suspension or dismissal if suspension or dismissal is requested by the Union. ARTICLE EIGHTEEN - LONGEVITY Paragraph 18.1 Each employee who has actually and continuously worked for the Committee for the periods of time described below, and who is actually working for the Committee on their employment anniversary shall receive annual longevity pay in accordance with the following schedule: Length of Continuous Employment Longevity Pay Ten (10) years, but less than fifteen (15) years $535 Fifteen (15) years, but less than twenty (20) years $624 Twenty (20) years, but less than twenty-five (25) years $832 Twenty-five (25) years or more $1010 ARTICLE NINETEEN - DURATION Paragraph 19.1 Subject to an appropriation by the City Council of the City of Holyoke, as provided in Section 7 (b) in Chapter 150E of the Massachusetts General Laws, the

21 provisions of this Agreement shall take effect on July 1, 2010, and shall continue in full force and effect until and including June 30, IN WITNESS WHEREOF the Holyoke School Committee has caused this Agreement to be executed in its behalf by the Holyoke School Committee, Elaine A. Pluta, its duly elected Mayor, and by Dr. David L. Dupont, its duly appointed Superintendent. Service Employees International Union, Local 888 has caused this Agreement to be executed in its behalf by Gloria Merriam, Co-President, and Marianne Hamel, Co-President, duly authorized after a vote of said local. EXECUTED this day of, THE CITY OF HOLYOKE Elaine A. Pluta, Mayor Chairman of the School Committee SEIU Local 888 Anne Chaput, Co-President Margaret Reidy, Co-President