LAKE PLACID CENTRAL SCHOOL DISTRICT AFL-CIO - by and between the And CSEA, Local 1000 AFSCME Lake Placid CSD Unit #6804 Essex County Local 816 ...
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Approved by the Board of Education June 17, 2020
by and between the
LAKE PLACID CENTRAL
SCHOOL DISTRICT
And
CSEA, Local 1000 AFSCME
AFL-CIO
Lake Placid CSD Unit #6804
Essex County Local 816
July 1, 2020 – June 30, 2023
1Approved by the Board of Education June 17, 2020
Contents
RECOGNITION AND DUES DEDUCTION ...............................................................................................................3
DEFINITIONS OF FULL TIME EMPLOYEES ..........................................................................................................3
HEALTH INSURANCE, DENTAL INSURANCE, SICK LEAVE, ............................................................................4
PERSONAL LEAVE, SERIOUS FAMILY ILLNESS, BEREAVEMENT LEAVE ...................................................4
A. Health Insurance ...............................................................................................................................................4
B. Dental Insurance ...............................................................................................................................................4
C. Vision Insurance ...............................................................................................................................................4
D. Sick leave .........................................................................................................................................................4
E. Leave Policies...................................................................................................................................................5
F. Bereavement Leave ..........................................................................................................................................5
G. Personal Leave..................................................................................................................................................5
H. Maternity Leave................................................................................................................................................6
I. Adoptive Leave ................................................................................................................................................7
J. Non-Maternal Parental Leave ...........................................................................................................................7
K. Sick Leave Benefit ..........................................................................................................................................7
WORKERS’ COMPENSATION ..................................................................................................................................8
VACATION ..................................................................................................................................................................8
HOLIDAYS ...................................................................................................................................................................9
EMPLOYEES’ LOUNGE .............................................................................................................................................9
MEAL ALLOWANCE..................................................................................................................................................9
WORK SCHEDULE .....................................................................................................................................................9
BREAKS .......................................................................................................................................................................9
UNIFORMS ..................................................................................................................................................................9
TRAINING PAY AND FEES ..................................................................................................................................... 10
EMERGENCY DUTIES ............................................................................................................................................. 10
RESPONSIBILITIES FOR EMPLOYMENT ............................................................................................................. 10
GRIEVANCE AND DISCIPLINARY PROCEDURES ............................................................................................. 11
A. Grievance Procedures: .................................................................................................................................... 11
B. Disciplinary Procedures.................................................................................................................................. 13
RETIREMENT ............................................................................................................................................................ 13
SALARIES, OVERTIME, DIFFERENTIAL.............................................................................................................. 14
A. Salary .............................................................................................................................................................. 14
B. Supplemental Salary Schedule ....................................................................................................................... 15
C. Longevity Format ........................................................................................................................................... 18
D. Credit for Prior Work Experience................................................................................................................... 18
E. Overtime ......................................................................................................................................................... 18
F. Differential ..................................................................................................................................................... 18
SENIORITY, LAYOFF, BUMPING AND RECALL ................................................................................................ 19
SECTION 1 - DEFINITIONS ................................................................................................................................. 19
SECTION 2 – LAYOFF, BUMPING AND RECALL ........................................................................................... 19
JOB POSTING ............................................................................................................................................................ 20
COMMITTEES ........................................................................................................................................................... 20
SEPARABILITY ......................................................................................................................................................... 21
LEGISLATIVE CLAUSE ........................................................................................................................................... 21
WORKING CONDITIONS......................................................................................................................................... 21
SPECIAL PAYROLL DEDUCTIONS ....................................................................................................................... 21
TERM OF AGREEMENT .......................................................................................................................................... 21
2Approved by the Board of Education June 17, 2020
ARTICLE I
RECOGNITION AND DUES DEDUCTION
SECTION 1
The Lake Placid Central School District, having determined that Civil Service Employees Association, Inc.,
Local 1000 AFSCME, AFL-CIO, Lake Placid Central School Unit 6804 of Local 816 is supported by a majority of
the non-teaching employees in the Unit, hereby recognizes CSEA Local 1000 AFSCME, AFL-CIO as the exclusive
bargaining agent for the employees of such unit. The period of exclusive representation status shall extend to the
limit allowable by law.
SECTION 2
The Board shall deduct from the wages of the employees and remit to CSEA or its designated agent regular
membership dues and other authorized deductions for those employees who have signed authorization cards
permitting such payroll deduction.
SECTION 3 – AGENCY SHOP
A. The employer hereby agrees to take from the wage and salary of every non-member in the bargaining unit,
an agency fee deduction in the amount of dues levied by CSEA, Inc., and to transmit said sums in a
separate check to CSEA, Inc., 143 Washington Avenue, Albany, New York 12210.
B. The employer agrees to send a list to CSEA containing the names, addresses, social security numbers,
department employed by, and dollar amount paid of those agency fee employees along with the separate
agency shop fee check.
ARTICLE II
DEFINITIONS OF FULL TIME EMPLOYEES
The Board of Education and the local Unit of CSEA agree that the following definitions are acceptable in
all future considerations for employees:
A. Twelve Months – A twelve month, full time employee is a person working 12 months of the year with a
workweek of 40, 37.5 or 35 hours per week. The office secretaries will work a minimum 37.5 hour work
week when school is in session, 35 hours per week when school is not in session. Said clerical will be paid
per hours worked per pay period.
B. Ten Months – A ten month, full time employee is a person who, under contract, works regular, permanent,
daily hours while school is in session. As such, a ten-month, full time employee is entitled to be listed on
any rotation schedule for overtime, trips, etc. and is eligible for benefits, i.e., health or dental insurance,
personal or sick leave and paid holidays. Employees hired on or after July 1, 2014, unless contracted for 15
hours per week or more, are not eligible for health insurance, dental insurance, or vision. Under no
circumstances can part-time employees replace full time positions within the bargaining unit.
C. All other employees are classified as part-time, substitute, or temporary employees and as such are not
covered by this contract nor eligible for benefits.
3Approved by the Board of Education June 17, 2020
ARTICLE III
HEALTH INSURANCE, DENTAL INSURANCE, SICK LEAVE,
PERSONAL LEAVE, SERIOUS FAMILY ILLNESS, BEREAVEMENT LEAVE
A. Health Insurance
Health Insurance will be paid per the Memorandum of Understanding of November 13, 1996 (Appendix A)
and the Memorandum of Understanding dated November 6, 1996 (Appendix B) between the Lake Placid
Board of Education and CSEA. A retiree is someone who retires from the Lake Placid Central School
through the State Retirement System.
Employees hired on or after June 30, 1990 will be required to have worked ten years for the District to be
eligible for retiree health coverage. Bargaining Unit Members hired on or before June 30, 2014 will be
able to select either the PPOJ Plan or the Classic Blue Plan currently offered by the FEH Consortium.
Employees hired on or after July 1, 2014 are only eligible for coverage under the PPOJ Plan. Those
employees who elect to change to the PPOJ plan will pay the same cost as employees below.
For the 2017-2020 contract years:
For all full time employees hired on or before June 30, 2014, the Lake Placid Board of Education will pay
92% of the cost of coverage for all eligible employees and dependents who select coverage under the
Classic Blue Plan. The Lake Placid Board of Education will pay 95% of the cost of coverage for all
eligible employees and dependents who select coverage under the PPOJ Plan.
For employees who retire on or after July 1, 1997, and before July 1, 2015, the Board of Education will
assume 95% of the cost of individual and family plans. For employees who retire on or after July 1, 2015,
the Board of Education will assume 92% of the premium cost for the Classic Blue Plan, or 95% of the
PPOJ Plan. No portion of the premium will be due from those who retired prior to July 1, 1997, and who
are already enrolled in the Franklin-Essex-Hamilton Health Plan on that date.
B. Dental Insurance
Dental Insurance will be paid for any eligible employee and dependents as of July 1, 1998, with the District
paying 85% of the premium cost each year. This benefit to include retirees at the same 85% level.
C. Vision Insurance
The Board of Education will provide a single plan vision insurance program. The Board agrees to pay
100% of the single plan. The vision plan will include a $20.00 co-payment for exam, glasses or contacts.
Employees have the option of choosing family coverage. If the employee chooses family coverage, the
employee will pay the difference between the single plan and the cost of the family plan.
D. Sick leave
All full time employees will be entitled to 15 days of sick leave per year regardless of the number of
months of employment (10, 11 or 12 months).
The District will report any sick leave accruals to employees on or before July 30th of each year. Upon
retirement, accumulated sick time over and above 165 days (per Section 41j, New York State Retirement
System) will be paid to the employee at the 2011-2014 at the rate of $85.00 per day for each day of unused
sick leave above 165 days. Effective with the 2009-2010 school year, the payment for accumulated sick
leave at retirement will be based on a maximum of 250 accumulated sick days above the 165 days.
Employees hired on or after July 1, 2014 may accumulate sick leave up to a maximum of 175 days above
the 165 days.
4Approved by the Board of Education June 17, 2020
Sick leave may be used for personal or family illness, and health care appointments not covered elsewhere
in this contract and when approved by the immediate supervisor, or by the Superintendent. The Board of
Education may require from a licensed medical provider a statement for employee absence due to illness
for more than two consecutive days. Sick leave may be used in units of one (1) hour minimum. Days
represent the total number of hours per day that an employee works.
E. Leave Policies
1. General Rules Covering Leaves
A staff member on paid leave may continue membership in any group insurance program provided
by the Board during the leave period.
2. A staff member shall have the option to remain an active participant in the State’s Retirement
System.
3. A staff member on unpaid leave shall have the option to remain an active participant in the fringe
benefit program by contributing thereto the amount normally required and the district shall
contribute the amount that it would have been normally required to contribute for a period not to
exceed twenty (20) weeks. After such period of twenty (20) weeks, if the employee is still on
leave, the employee shall be responsible for 100% of fringe benefit.
4. Upon returning from leave, all benefits and professional advantages to which the staff member
was entitled, at the time the leave commenced, will be restored.
5. Staff will receive all applicable rights granted to them under the provisions of the Family Medical
Leave Act.
F. Bereavement Leave
Each employee shall be granted up to five consecutive days, non-accumulative, with full pay for absences
for each occurrence of death in the immediate family; for the purpose of attending the services and
attending other personal matters of immediate family members providing however that said services occur
while said employee is performing duties as assigned by the Board.
The immediate family is defined as spouse, child, parent, guardian or custodian, grandparents, grandchild,
brother, sister and each similar relationship established by marriage and any other legal dependent or
domestic partners.
A staff member shall be allowed one (1) day of bereavement leave, with full compensation, to attend the
services of an uncle, aunt, niece or nephew, and each similar relationship established by marriage, or with
prior approval from the Superintendent
One (1) day bereavement leave, with full compensation, shall be granted to an employee in case of the
death of a friend who is directly involved in the funeral service, i.e. pallbearer, organist, etc. of service not
listed above.
G. Personal Leave
Personal leave requests require a one day notice and approval by the school principal, Superintendent or
his/her designee unless an emergency leave is needed. Personal leave may be used in units of one-hour
minimums. Days represent the total number of hours per day that an employee works.
Personal, non-accumulative leave shall be distributed as follows:
Twelve-month employees 5 days per year
Ten-month employees 3 days per year
5Approved by the Board of Education June 17, 2020
Unused personal leave will be converted to accumulated sick leave at the end of each year. The District
will report personal leave accruals to employees on or before July 30th of each year.
Any employee who wants to use more personal leave than granted in this section may apply at least one
week, in advance, giving the reason for requesting the additional leave. Additional days may or may not be
granted.
Personal leave which extends a recess date, holiday or vacation period will require a five (5) business day
notice and assurance that approval will not place undue hardship on the employer to cover the workload.
Approval will be necessary by employee’s immediate supervisor and the Superintendent. Reasons for the
additional personal leave will be stated prior to approval.
H. Maternity Leave
1. Continuing Employment During Pregnancy
Any staff member who is pregnant may continue in active employment as late into pregnancy as she
desires, if she is able to fulfill the requirements of her position. Temporary disabilities caused by
pregnancy shall be governed by the following:
2. Requesting for and Duration of Maternity Leave
Any staff member who is pregnant is entitled to a leave of absence any time between the commencement of
her pregnancy and two years following the birth of the child, if, except in a medical emergency, she notifies
the Superintendent of the School District in which she is employed at least 60 days before the date on
which she desires to start her leave.
3. Certification of Pregnancy or Birth of the Child
She shall also notify the Superintendent of the expected length of this leave, including with this notice
either a physician’s statement certifying her pregnancy or a copy of the birth certificate of the newborn,
whichever is applicable.
4. Emergency Situations
In case of a medical emergency caused by pregnancy, the staff member shall be granted a leave, as
otherwise provided herein, immediately upon her request and certification of the emergency from an
attending physician.
5. Sick Leave Utilization
All or part of a leave taken by a staff member because of a temporary disability caused by pregnancy may
be charged at her discretion, to her available illness leave days. However, the staff member may not use
more than 30 accumulated illness leave days, if available, once the staff member’s physician certifies that
the staff member is capable of performing the staff member’s regular duties. The staff member is entitled to
complete the remaining leave without pay.
6. Execution of a Regular Contract while on Leave.
The staff member and the school district shall execute a regular staff member’s contract for each school
year in which any part of the staff member’s leave is granted, and the staff member shall have the right to
return to a substantially equivalent position that the staff member is qualified for.
6Approved by the Board of Education June 17, 2020
7. Altering Original Approved Leave
Maternity Leave shall be granted for a definite stated period of time. Should extenuating circumstances
cause the staff member to alter her original plans for leave, she shall submit such request to the
Superintendent for consideration by the Board. A staff member may return to work at anytime during the
first eight weeks after termination of pregnancy or adoption of a child. All notification of requests shall be
made in writing by the staff member.
8. Commencing and Terminating the Leave
Staff members are encouraged to commence and terminate such leaves, to coincide with the end of the
school year, unless it is determined by the staff member and her physician that it is necessary to make other
arrangements.
9. Resignation
At any time when the staff member determines that she does not desire to resume her duties, the staff
member shall notify the Superintendent accordingly.
10. Rights Granted by Statute for Maternity Leave
All rights under state or federal statutes which apply to public employees shall be granted to staff members
who are on maternity leave.
I. Adoptive Leave
A leave of absence of up to two years shall be granted by the Board for adoptive purposes. A maximum of
thirty (30) consecutive days, with pay, shall be provided for such leave. These days will denoted as family
illness days and deducted from the employee’s sick leave accumulation. The remainder of the leave shall
be taken without pay.
J. Non-Maternal Parental Leave
a. When a child is born to the wife or domestic partner of a staff member, after the birth of a child, a
leave of absence of up to two years shall be granted by the Board for Non-Maternal Parental
Leave purposes. A maximum of thirty (30) consecutive days, with pay, shall be provided for such
leave. These days shall be denoted as family illness days and deducted from the employee’s sick
leave accumulation. The remainder of the leave shall be taken without pay.
b. The staff member shall notify in writing the Superintendent of the School District in which the
staff member works at least 60 days before the date on which he or she desires to start his or her
leave.
c. The staff member shall also notify the Superintendent of the expected length of this leave,
including with this notice a statement from the attending physician certifying the pregnancy and
the expected date of delivery.
K. Sick Leave Benefit
a. Purpose: The Sick Leave Benefit is established for injury, prolonged illness, physical or mental
condition, that requires inpatient care in a medical facility or continuing treatment by a healthcare
provider, or where extenuating circumstances exist and where sick leave accumulation and banked
vacation days have been exhausted.
b. A request to utilize donated sick leave will require a statement from the district stating that the
staff member has exhausted his/her accumulated sick days and banked vacation days.
7Approved by the Board of Education June 17, 2020
c. The Association will solicit the donations(s) from the CSEA bargaining unit and they will provide
an opportunity to confidentially donate accrued benefit time to another employee who is
experiencing serious illness and has used up their sick days and banked vacation days and shall
notify the Superintendent of the name and number of day(s) that have been donated. It is
expressly understood that any determinations to invoke this section are the sole prerogative of the
Association and not the District.
d. Employees who wish to donate time are required to complete a benefit donation form (attached).
e. The CSEA has the responsibility for implementing the guidelines for use of the Sick Leave
Benefit. The decision of the Sick Leave Benefit Committee in either granting or denying the use
of donated sick leave days shall be final and binding and not subject to the grievance procedure.
L. The Association will be permitted a maximum of four (4) total contract days of leave during the course of
the school year to conduct Association business. The Association leave day must be requested, in writing
by the Association President, at least five (5) days prior to the leave, except in the case of an emergency,
and shall include the name of the officer for whom the leave is requested. The request shall be submitted to
the Superintendent.
ARTICLE IV
WORKERS’ COMPENSATION
In the event an employee is determined to be disabled and eligible for benefits by the Workers’
Compensation Board, the following procedure will be followed:
Absence due to injury incurred, including injury resulting from battery, in the course of performing duties
as assigned by the Lake Placid Central Schools, shall not be charged against the employee’s accumulated sick leave
days. The Board of Education shall pay to such employee the difference between his or her salary and the salary
benefits received under Worker’s Compensation for the duration of such absence.
ARTICLE V
VACATION
A. All twelve month full time employees will earn vacation time as follows:
1. For employees hired on or after July 1, 2017, one week paid vacation after three (3) months of
employment.
2. Two weeks paid vacation after two years of employment.
3. Three weeks paid vacation after five years of employment.
4. Four weeks paid vacation after ten years of employment.
5. Five weeks paid vacation after fifteen years of employment.
B. Vacation time eligibility will be based on actual years with the district from the time of full-time
employment. This eligibility will include credit for years of service as a ten (10) month employee.
C. Vacation days may be banked at the option of the employee and will be paid at the time of retirement,
resignation or termination at the employee’s daily rate of pay at the time of such event. If the employee
chooses to bank vacation time not utilized during a given year, the maximum number of days will be
capped at six weeks or thirty (30) days. Unused vacation days that would exceed the bank will be lost. If
borrowing, all other vacation time must be exhausted prior to such request for borrowing. Such borrowing
shall be approved by the Superintendent.
8Approved by the Board of Education June 17, 2020
D. Request for vacation days will require the approval in writing of the immediate supervisor/principal and/or
Superintendent of Schools. Fair consideration must be given to all vacation requests.
E. Vacation accruals will be paid upon retirement, death or separation from service. In the case of death, they
will be paid to the listed beneficiary per N.Y.S. Retirement Application or Beneficiary Statement.
ARTICLE VI
HOLIDAYS
All full time, twelve-month personnel will be granted a minimum of thirteen (13) days off each year,
without loss of pay. This will be contingent on the school calendar. These days off will be worked out between the
administration and CSEA as soon as the school calendar has been adopted except for clerical staff whose holidays
will be determined by their immediate supervisors.
When a ten (10) month employee is scheduled to work during the summer and the 4th of July falls on the
day that they would be working, the employee shall have this day off with pay.
ARTICLE VII
EMPLOYEES’ LOUNGE
The Board of Education will provide a lounge for the non-teaching employees.
ARTICLE VIII
MEAL ALLOWANCE
When on authorized school business outside the school district, employees shall be reimbursed for meals
upon submission of proper vouchers or receipts in accordance with the schedules and policies established by the
District, except for bus drivers who transport to Saranac Lake for practice sessions.
$16.00 - Breakfast
$17.00 - Lunch
$28.00 – Dinner
$32.00 – Per diem (max)
ARTICLE IX
WORK SCHEDULE
A work week of five consecutive days shall be assigned for all the non-teaching personnel if a satisfactory
schedule can be arrived at between the Administration and the CSEA.
ARTICLE X
BREAKS
Eight-hour employees shall receive two fifteen minute breaks. Employees working less than eight hours
will receive one twenty minute break per day.
ARTICLE XI
UNIFORMS
A. The District will provide uniforms for full time, twelve-month custodians, custodian/drivers, mechanics,
head of maintenance and head of transportation at a cost not to exceed $250.00. Ten-month employees,
including food service, and nurses, will be provided approved uniforms at a cost not to exceed $200.00.
B. Employees will be required to wear the uniforms at work.
9Approved by the Board of Education June 17, 2020
C. The District will provide uniform service for those employees who wish to participate in such a service for
an amount not to exceed $200.00 per year. If the uniform service exceeds the $200.00 limit, the employee
will be responsible for reimbursing the District for the difference.
D. Employee uniforms shall be determined by a Uniform Selection Committee consisting of an equal number
of representatives from the District and Association. This may include boots and outerwear as covered
expenses.
ARTICLE XII
TRAINING PAY AND FEES
Upon advance approval of the Superintendent, an employee will be paid for attending work improvement
training sessions which are job related. Requests must be submitted to the Superintendent one week in advance.
ARTICLE XIII
EMERGENCY DUTIES
Any employee called back to work from home after completing his or her regular work hours is entitled to
a minimum of two hours time. Any fractional time thereafter shall be considered another one quarter hour.
ARTICLE XIV
RESPONSIBILITIES FOR EMPLOYMENT
A. Each employee will report for work at the scheduled time and will leave his or her work at the specified
time.
B. Each employee will carry out the job schedule as specified for his or her position.
C. Each employee will carry out the duties and responsibilities developed by the Board of Education.
D. Failure to carry out the responsibilities as listed above will result in loss of salary and will cause for a
written reprimand to be placed in the employee’s folder. Such reprimand may be used to determine
continuation of employment and charges of incompetency against that employee.
E. Any employee who knowingly causes damage to school equipment, through neglect or carelessness, is
liable to be assessed an amount equal to the cost of repairs to the equipment. If the employee disagrees
with the decision, he or she has the right to a grievance procedure.
F. Employees may, upon prior agreement with the immediate supervisor and the administration, , adjust or
flex hours during periods of time when school is in or out of session provided they still work the required
hours per their individual contract.
G. No employee will be expected to come to work or remain at work on snow and/or emergency closed days
except as is necessary for snow removal, etc. Those employees who must report for work will be paid for
the hours worked.
H. In the case of a school closing due to inclement weather or an emergency and an employee is not requested
to come to work, the employee will be paid at their regular rate of pay without charge to accruals. The
employee’s contracted hours of work shall be counted as time worked for the purposes of calculating
overtime in accordance with the provision outlined in Article XVII, section E. “Overtime.”
I. The District is required to permit the use of comp time within a reasonable time after employees request its
use unless time off would disrupt District operations. Comp time will be recorded on the day it is acquired
or the very next business day. Such time will be initialed by the employee’s supervisor and reported to the
School Business Administrator for immediate recording to employee’s leave time accrual record. Future
requests for use of comp time will subsequently be on the approved absence request form currently in use
10Approved by the Board of Education June 17, 2020
and handled like any other absence request. Such time shall be requested on the district CSEA approved
request form, Exhibits A or B as appropriate. No more than 240 hours of comp time will be accumulated
per the Fair Labor Standards Act as applied to state and local governments.
ARTICLE XV
GRIEVANCE AND DISCIPLINARY PROCEDURES
A. Grievance Procedures:
1. Basic Principles
a. It is the intention of these procedures to provide for the orderly settlement of differences
in a fair and equitable manner. The resolution of a grievance at the earliest possible stage
is encouraged.
b. An employee shall have the right to present grievances in accordance with these
procedures free from coercion, interference, restraint, discrimination or reprisal.
c. An employee shall have the right to be represented at any stage of the procedure by CSEA.
No other employee organization may institute a grievance or represent an employee in the
processing of the grievance. This paragraph shall not permit CSEA to act for any employee
where there shall be a decertification and a new organization receives recognition as the
representative of such a new bargaining unit.
d. Employees who are designated or selected for the purpose of adjusting grievances shall be
permitted a reasonable amount of time free from duties to fulfill these obligations, subject to
the approval of the Superintendent of Schools.
e. Each party to a grievance shall have access at a reasonable time to all written statements and
records pertaining to such grievance submitted by the parties and upon which a decision is
based.
f. All hearings are confidential.
g. If the employer or its representative(s) does not respond to a grievance within the time limits
established at each stage of this procedure, the aggrieved employee or CSEA shall be allowed
to move to the next stage. If the employee does not act within the time limits of a preliminary
stage, he or she shall not have any rights to act in succeeding stages of the procedure.
h. The time limits provided under the first, second and third stages may be extended for five
days by either party where additional information is needed. No further extension of time
limits shall be allowed without mutual agreement of the parties to this contract.
2. Definitions
a. Employee shall mean any employee or group of employees in the negotiating unit.
b. Immediate Supervisor shall mean the supervisor or other person to whom the employee is
directly responsible.
c. Representative shall mean the person or persons designated by the aggrieved employee as
his/her counsel or to act on his/her behalf.
d. Grievance shall mean any claimed violation, misinterpretation or inequitable application
of any provision of this agreement or any right claimed to exist thereunder.
11Approved by the Board of Education June 17, 2020
e. Days shall mean all days other than Saturdays, Sundays or holidays. Saturdays, Sundays
and holidays shall be excluded in computing the number of days within which action
must be taken or notice given within the terms of this procedure.
3. Procedures
a. First Stage: Within seven days of an employee’s knowledge that a grievance has
occurred, such employee and/or his or her representative shall orally present the
grievance to his or her immediate supervisor. The immediate supervisor shall discuss the
grievance with the employee and/or his or her representative and shall make the
appropriate investigations, as he or she deems appropriate. Within five days after the
grievance has been presented, the immediate supervisor shall make a decision and
communicate the same to the employee presenting the grievance and to the employee’s
representative, if any.
b. Second Stage: If the employee is not satisfied with the decision of the immediate
supervisor, such employee and/or his or her representative shall be allowed to make a
request to the Superintendent of Schools within five days of the decision at Stage One for
review and determination of the grievance. Such request shall be in writing and shall
include the name and position of the employee at the time when, and place where, the
alleged events or conditions occurred, and, if known to the aggrieved employee, the
specific provision of the contract alleged to have been violated, and the redress sought by
the employee. A copy of the request shall be sent to the immediate supervisor. The
Superintendent of Schools shall render a determination in writing within five working
days after receipt of the request for review and shall send copies of such determination to
all parties involved in the grievance.
c. Third Stage: If the aggrieved employee is not satisfied with the decision of the
Superintendent of Schools, such employee and/or his or her representative shall be
allowed to submit within five days a written request to the Superintendent of Schools for
a hearing with the Board of Education. Within ten days from receipt of the written
notice, the Superintendent shall arrange a hearing with the Board of Education. The
hearing will be conducted in executive session. The aggrieved employee and/or the
employee’s representative may appear and present oral and written statements supporting
their positions. Within ten days of the hearing, the Board of Education will render a
written decision to the aggrieved employee.
d. Fourth Stage: Within five days of the decision at Stage Three, CSEA may submit the
alleged grievance to arbitration by a written notice to the Board of Education. Within ten
days after such written notice of submission to arbitration, the Superintendent or the
Superintendent’s designee shall agree upon a mutually acceptable arbitrator. If the
parties cannot agree upon an arbitrator, a request for a list of arbitrators will be made to
the NYS Public Employment Relations Board (PERB) by either party. The parties will
then be bound by the rules and procedures of the NYS Public Employment Relations
Board (PERB).
The selected arbitrator will hear the matter promptly and will issue a decision not later
than thirty calendar days from the date of the close of the hearing, or if oral hearings have
been waived, then from the date the final statements and proofs are submitted. The
arbitrator’s decision will be in writing and will set forth his or her findings of fact,
reasoning and conclusions of the issues.
The arbitrator shall have no power or authority to make any decision which requires the
commission of an act prohibited by law or which is violative of the terms of this
agreement. The decision of the arbitrator shall be final and binding on both parties.
12Approved by the Board of Education June 17, 2020
The costs for the service of the arbitrator including expenses, if any, will be borne equally
by the Board of Education and the Association.
B. Disciplinary Procedures
1. The following disciplinary procedure will be applicable to all employees who have received a
permanent appointment from the District. This procedure constitutes a waiver of employee rights
which otherwise would be available under Sections 75 and 76 of the State Civil Service Law.
2. Discipline shall be defined as a reprimand, a fine, suspension without pay, or termination. Letters
of counseling and evaluations of an employee’s work and work-related performance will not be
subject to this procedure.
3. An employee may be suspended without pay, at the discretion of the District, pending the
resolution of the matter.
4. An employee shall not be subjected to any disciplinary action except for cause.
5. The District will notify the employee in writing of any disciplinary action. The notice will contain
a description of the act(s) for which discipline is being sought as well as the proposed penalty. If
the employee objects to the findings and proposed disciplinary penalty, the employee may initiate
a grievance at Stage Three of the grievance procedure. If the employee is suspended without pay,
the Union may proceed directly to arbitration with the consent of the employee. All principles and
procedures utilized for the grievance procedure will apply.
ARTICLE XVI
RETIREMENT
All personnel will be eligible for membership in the New York State Employee Retirement System and as members
are included in Section 41j which will convert accumulated sick leave up to the maximum allowed by law, (165
days) toward service time at retirement. The employee must give notice by January 1st or at least six (6) months
prior to the date of retirement. Once an employee retires from the district and is dropped from the group health,
dental or other insurance plans, they shall not be reinstated.
13Approved by the Board of Education June 17, 2020
ARTICLE XVII
SALARIES, OVERTIME, DIFFERENTIAL
A. Salary
For 2020-2021 school year all returning CSEA members will be assigned a position on the CSEA Salary
Schedule for the 2020-2021 school year based on their step position on the 2019-2020 salary schedule.
For each of the remaining years, 2021-2023 all returning CSEA employees will add one step to their
previous step annually.
Salary and hourly rates for employees on the salary schedule or off step, will be increased each contract
year by the following:
2020-21 Three and one-quarter percent (3.25%) general increase inclusive of step, if any.
2021-22 Three and one-quarter percent (3.25%) general increase inclusive of step, if any.
2022-23 Three and one-quarter percent (3.25%) general increase inclusive of step, if any.
During the three years of the contract any employee off step will be paid the dollar amount as specified on
the current supplemental salary schedule listed below. For the 2020-2023 contract years, employees who
move from the salary schedule (on-step) to off-step will receive an additional salary increase of 2% during
their first year off step.
14Approved by the Board of Education June 17, 2020
B. Supplemental Salary Schedule
2020-2021 CSEA Salary Schedule
15Approved by the Board of Education June 17, 2020
2021-2022 CSEA Salary Schedule
16Approved by the Board of Education June 17, 2020
2022-2023 CSEA Salary Schedule
17Approved by the Board of Education June 17, 2020
C. Longevity Format (Per Memorandum of Understanding 9-10-2014)
Employees hired on or before July 1, 2014, will receive a longevity increment on the anniversary of their
employment date, plus any unpaid leaves. Their annualized salaries will be increased by the following amounts:
15 Year Longevity Increment $800.00
20 Year Longevity Increment $1050.00
25 Year Longevity Increment $1300.00
30 Year Longevity Increment $1550.00
35 Year Longevity Increment $1800.00
Employees hired after July 1, 2014, will receive a longevity stipend on the anniversary of their employment
date, plus any unpaid leaves. Longevity stipends will not be added to the base salary. The stipend will be in the
following amounts:
15 Year Longevity Increment $800.00
20 Year Longevity Increment $1050.00
25 Year Longevity Increment $1300.00
30 Year Longevity Increment $1550.00
35 Year Longevity Increment $1800.00
In the event that an employee submits his/her notice of intent to retire and subsequently reaches his/her employment
anniversary date, he/she shall receive a lump sum longevity payment in the amount indicated in the schedule above
rather than an increase to their annualized salary to be assured he/she receives the whole of the longevity prior to
leaving service with the District.
D. Credit for Prior Work Experience
If a new employee, who is hired by the District has prior work experience in their field, the District may
start that employee at a rate of pay consistent with the appropriate step on the salary schedule which would
reflect credit for such prior experience. Prior work experience shall be defined by the Essex County Civil
Service job description as posted on the Essex County Civil Service website and will not be solely inclusive
to school district experience.
E. Overtime
1. All overtime for full time employees (12 months) will be compensated for at the rate of one and
one half times the individual’s rate based on a forty-hour week.
2. Overtime for hourly rate employees will be at their regular hourly rate up to forty hours per week.
Overtime beyond this will be one and one half times the individual’s regular pay.
3. Overtime shall be distributed evenly on a rotating basis between 12 and 10-month employees
within the same job classification. Rotation will be initiated by seniority.
4. A log will be kept by the supervisors for overtime and made available for review.
F. Differential
For all returning second shift custodians and/or cleaners and third shift custodians and/or cleaners the
mutually agreed upon amount on the CSEA Salary Schedule will be received.
G. When an employee is assigned to two (2) positions, then compensation for total hours will be based on the
higher salary schedule.
18Approved by the Board of Education June 17, 2020
H. Unused comp time must be paid at the individual current rate of pay when employment ends due to
retirement, resignation or termination.
I. Bus Drivers shall be paid for any non-school special events, beyond their work day and before any
overtime, at a rate equivalent to time-and-a-half of the driver’s hourly rate. As an alternative, drivers may
choose to earn the overtime equivalent in comp days.
J. For all employees hired on or after July 1, 2014, all pay is to be by direct deposit to an account designated
by the employee.
K. The District shall reimburse the cost of fingerprinting to all new employees (those hired on or after July 1,
2017) following completion of ninety (90) days of service and to all new substitutes after completing ten
(10) days of substitute service.
ARTICLE XVIII
SENIORITY, LAYOFF, BUMPING AND RECALL
SECTION 1 - DEFINITIONS
Seniority shall be defined as the length of continuous service with the employer from the date of hire of the
employee.
Title Seniority shall be defined as the length of continuous service of an employee since entry of such
employee into the title.
Departmental Seniority shall be defined as the length of continuous service of an employee since entry of
such employee into the department.
SECTION 2 – LAYOFF, BUMPING AND RECALL
For purposes of layoff of non-competitive and labor class employees, employees with the least title
seniority, shall be first to be laid off until the total number of employees required to decrease forces shall be
established.
Having exhausted seniority in his or her current title, the laid off employee shall exercise departmental
seniority to displace an employee in a lower job title within the department who has less departmental seniority than
the bumping employee.
Recalls shall be in the inverse order of layoff. The employer shall notify the employee of recall by
registered mail, with return receipt requested at the employee’s known address. Such recall notification must be
acknowledged by the employee within seven working days of receipt by registered mail, with return receipt
requested, advising the employer of the acceptance of the job, employee’s address and telephone number.
All part-time and temporary employees in each title shall be laid off prior to the layoff of full time
employees. The layoff procedure for full time employees, as stated herein, shall be used in the event of the layoff of
any part-time or temporary employee.
SECTION 3
As used in the above paragraph, continuous service shall include those periods when an employee is on the
employer’s payroll and those periods when an employee is (a) on authorized leave of absence; (b) on layoff; (c)
absent from and unable to perform the duties of his or her position by reason of a disability resulting from
occupational injury or disease; (d) such other periods of service, if any, as the Civil Service law requires be treated
as part of the employee'’ continuous service.
19Approved by the Board of Education June 17, 2020
SECTION 4
Subject to applicable provisions of the Civil Service Law, if any, an employee loses seniority when one of
the following occurs: resignation (unless reinstatement occurs within the period permitted by any provision of the
Civil Service Law applicable); discharge, retirement or recall.
SECTION 5
All competitive employees shall be governed under the appropriate provisions of the Civil Service Law as
it pertains to layoff, bumping and recall.
SECTION 6
The employer shall provide the Union with lists containing title, department and district-wide seniority of
each employee within sixty days of the execution of this agreement. If there is any dispute concerning the seniority
dates of employees, the parties to this agreement shall consult with each other in order to work out a satisfactory
resolution within fifteen days of the dispute arising. Barring resolution of the dispute within fifteen days of the
meeting, there shall be no further duty of either party to consult with the other.
SECTION 7
If an employee is working in a dual title and is laid off in either position of the title as per Section 2 or
Section 5 of this Article, the employee shall be allowed to use his or her departmental seniority to displace an
employee who has less departmental seniority in the remaining portion of the title first in a full time position and
then in a part-time position in existence for such title if a full time position is not available. Recall shall be in
accordance with Section 2 or Section 5. The use of Section 2 or Section 5 shall depend on the Civil Service
Classification of the dual title.
ARTICLE XIX
JOB POSTING
The employer agrees to post all job vacancies and newly created positions on its official board in each
facility operated by the School District prior to filling such vacancies or newly created positions. All employees who
wish to be considered for appointment to the vacancies which exist shall be allowed to file appropriate notice
therefore with the appointing authority. Employees who wish to be considered for appointment to vacancies which
exist, shall request such interest, in writing, to the Superintendent.
Seniority will be used as a determining factor when all other factors are equivalent. In making such
decision, criteria used will include employees work record, training and experience.
The Lake Placid Central School may hire a new employee at a higher rate of pay than existing employees if
the new employee’s work experience, qualifications and previous service, specifically related to the position, are
greater. If the new employee’s years of experience, qualifications and previous service are at the same level as an
existing employee, he/she shall be paid at the same rate.
ARTICLE XX
COMMITTEES
A. Employee Evaluation
A committee made up of two CSEA Local 816 members, a representative of the Administration and a
representative of the Board of Education will monitor the formal evaluation process. This process will be
reviewed on an annual basis by this committee.
20Approved by the Board of Education June 17, 2020
ARTICLE XXI
SEPARABILITY
If any article or part thereof of this agreement or any addition thereto should be decided as in violation of any
federal, state or legal news or if adherence to, or enforcement of, any article or part thereof, should be restrained by a
court of law, the remaining articles of the agreement or any addition thereto shall not be affected.
ARTICLE XXII
LEGISLATIVE CLAUSE
“It is agreed by and between the parties that any provision of this agreement requiring legislative action to
permit its implementation by amendment of law or by providing the additional funds therefore, shall not become
effective until the appropriate legislative body has given approval.”
ARTICLE XXIII
WORKING CONDITIONS
The District recognizes employee’s rights and working conditions. The District under these conditions will,
effective July 1, 1994, make all buildings smoke free.
ARTICLE XXIV
SPECIAL PAYROLL DEDUCTIONS
a. The Board of Education will forward, on a timely basis, payroll deductions for tax sheltered Annuity
Accounts.
b. The carrier(s) will be selected by the employee from a list maintained in the business office.
c. Tax Sheltered Annuities may be cancelled by the employee at any time.
d. Employees may change their carrier designation twice annually at the end of the semester and at the end of
the school year.
ARTICLE XXV
TERM OF AGREEMENT
The contract shall be effective as of July 1, 2020 and shall continue in effect through June 30, 2023.
Upon a request of either party for a meeting to open negotiations for a new contract period, a mutually
acceptable meeting date shall be set not more than seven days following such request. In any given school year such
a request shall be made on or before January 15th, prior to expiration of the contract. All issues proposed for
discussion by CSEA shall be submitted in writing at the first meeting. All counter proposals made by the Board of
Education will be made no later than the second meeting.
If during the term of the contract the property tax cap drops to 1% or less, the parties agree to reopen the
salary and/or insurance provisions of the contract. This clause shall be in effect for the duration of the 2017-2020
contract only.
The parties agree that all negotiable items have been discussed during the negotiations leading to this
agreement, and therefore agree that the negotiations will not be re-opened on any items, whether contained herein or
not, during the life of this agreement.
All Articles and provisions of the current contract not changed by these negotiations will be included in and
made a part of the new agreement.
21Approved by the Board of Education June 17, 2020
IN WITNESS WHEREOF, the parties hereto have set forth their signatures on the ____ day of ______ 2020
LAKE PLACID CENTRAL SCHOOL UNIT 6804 OF LAKE PLACID CENTRAL SCHOOLS
CSEA LOCAL 816 OF LOCAL 1000, AFSCME, AFL-CIO DISTRICT SUPERINTENDENT OF SCHOOLS
By: ______________________________ By: ________________________________
Cora Clark, President Dr. Roger P. Catania, Superintendent
________________________________ ____________________________________
CSEA Labor Relations Specialist Dr. Richard Preston, President Board of Education
22Approved by the Board of Education June 17, 2020
APPENDIX A
MEMORANDUM OF UNDERSTANDING
This memorandum of understanding is between the employer representatives of the school
districts which are members of the F-E-H Health Benefits Consortium and the local unions
which are duly recognized as bargaining agents for the employees in the aforementioned
member school districts, subject to ratification by the respective parties.
Districts
Franklin-Essex-Hamilton BOCES St. Regis Falls Central
Brushton-Moira Central Salmon River Central
Chateaugay Central Saranac Lake Central
Lake Placid Central Tupper Lake Central
Malone Central
Unions
Teachers:
F-E-H BOCES Teachers’ Association
Brushton-Moira Teachers’ Association
Chateaugay Chapter, NYSUT
Lake Placid Education Association, NYSUT
Malone Federation of Teachers
St. Regis Falls United Teachers Association
Salmon River Teachers Association
Saranac Lake Teachers Association
Tupper Lake United Teachers
Non-Instructional:
F-E-H BOCES CSEA
Brushton-Moira Non-Teaching Association
Chateaugay Central CSEA
Lake Placid Central CSEA
Malone Central School Unit of CSEA
St. Regis Falls Non-Instructional Association
Salmon River Central Unit of CSEA
Saranac Lake Central CSEA
Tupper Lake Central CSEA
Administrators:
F-E-H BOCES Administrators’ Association
Malone Central Administrators’ Association
Salmon River Central Administrators & Supervisors Association
Saranac Lake Supervisory Unit
23Approved by the Board of Education June 17, 2020
1. The parties shall establish a governance structure, which provide joint and equal
representation for employers and employees effective upon signing of the Memorandum of
Understanding. Such joint board will be composed of nine (9) school district representatives
and nine (9) bargaining unit representatives.
The parties are currently investigating the proper legal vehicle, which must be
established in order to effect the intended governance structure. Once that is determined, it is
the intent of the parties to take any and all necessary actions to put this joint governance
structure in place. Meanwhile, a joint board will be created as defined above. Any decisions
made by this joint board will come before the current Board of Directors with the understanding
that said decisions shall be approved.
2. Reserves and surpluses during the initial period commencing July 1, 1996 and further
referenced in item 14 will be maintained as follows:
A. Reserves – equal to 25% of Projected Annual Claims.
B. Unencumbered Surplus – 7% of Projected Premiums.
The governing board of the consortium specified in item 1 above shall determine the allocation
and use of funds in excess of reserves and/or unencumbered surplus amounts/percentages. It
is agreed and understood that no new benefits will be added to the plan prior to July 1, 1999
except as mandated by law.
3. The Consortium will maintain annual premiums for the 1996-97, 1997-98 and 1998-99
school years as follows, (subject to per capita entitlement calculations; (see item 12E).
Single Coverage - $2,280
Family Coverage - $6,012
Single over 65 - $ 444
Family over 65 - $ 852
These premiums cannot be changed during the aforementioned three-year period
except under extraordinary circumstances to be determined by the joint governing board or as
necessitated by per capita entitlement calculations.
However, in no instance will participating districts be liable for premium increases over
and above the Bureau of Labor Statistics for North Eastern United States Medical CPI for the
latest 12 month period available as of March 1 in any given year, except as necessitated by per
capita entitlement calculations.
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