Ulster BOCES Teaching Assistants' & Aides' Association

AGREEMENT made September 13, 2018, between Ulster County Board of Cooperative Educational Services hereinafter referred to as the “District,” and the Ulster County BOCES Teaching Assistants’ and Aides’ Organization, hereinafter referred to as the “Organization.”

ARTICLE 1 – RECOGNITION

1.1 Exclusive Representation

The District has recognized the Organization as the exclusive agent for employees in a negotiating unit consisting of Teacher Aides, Certified Teaching Assistants, Occupational Therapy Assistants, Physical Therapy Assistants, LPN/Teacher Aide, and School Monitors employed by the District, exclusive of substitutes.

1.2 Definition of Substitute Employee

An employee appointed for a period known at the time of appointment to be for a period less than sixty (60) days shall be a per diem substitute. If the employee works less than sixty (60) days, the employee will be paid on a per diem rate, with no benefits. If the employee works for more than sixty (60) consecutive days, the employee shall receive prorated benefits such as sick days, personal days and salary, retroactive to the first day of employment.

1.3 Eligibility

The Organization shall maintain its eligibility to represent all unit members by continuing to admit persons to membership without discrimination on the basis of race, religion, color, national origin, gender, age, marital status, sexual orientation, gender identity or expression, genetic information, disability, veteran’s status, and to represent all unit member’s in the bargaining unit without regard to membership or participation in, or association with the activities of, any employee organization. The District shall continue its policy of not discriminating against any unit member on the basis of race, religion, color, national origin, gender, age, marital status, sexual orientation, gender identity or expression, genetic information, disability, veteran’s status, or membership in, or association with the activities of any employee organization.

ARTICLE 2 – LEGISLATIVE AUTHORITY

2.1 Statement of Condition

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 be effective until the appropriate legislative body has given approval.

2.2 No Strike Pledge

The Organization and the District recognize that strikes by unit members are contrary to law and public policy. The Organization and the District subscribe to the principle that differences shall be resolved by peaceful and appropriate means without interruption of the school program. The Organization agrees that it will not strike, conduct a slow down or work stoppage against the District, or assist or participate in any strike, slow down or work stoppage against the District, or impose an obligation upon its members to conduct, assist or participate in any strike, slow down or work stoppage against the District.

ARTICLE 3 – ORGANIZATION RIGHTS

3.1 Organization Meetings

The Organization shall have the right to conduct meetings on District property. The Organization shall be subject to District policy regarding the use of District property and the District shall have the right to make and enforce rules in regard to the use of District property without consultation with the Organization. The Organization shall request prior permission for the use of any District building with the appropriate building administrator. Such permission shall not be unreasonably withheld.

3.2 Organization Business

The Organization President or designee shall be entitled to leave with pay three (3) days each year. Application for such use shall be made to the District Superintendent. Upon approval by the District Superintendent, the representative shall notify the appropriate site supervisor.

3.3 Bulletin Boards

Bulletin board space for Organization use shall be provided in each school.

3.4 Intra-School Mail

The Organization shall be allowed continued use of the intra-school mail for the distribution of its communications to members on a reasonable basis.

3.5 Copies of Contract

Each unit member shall be given a copy of the contract at District expense. The Organization shall be given twenty (20) extra copies per year.

3.6 Dues Deductions

Dues for the Organization shall be deducted from the salaries of all unit members. A dues structure statement will be provided by the Organization to the District by September 1 of each year. The District shall forward the dues collected to the Organization by the 5th of each month.

3.7 Payroll Options

A. Each unit member shall be paid on at least a semi-monthly basis throughout the school year according to the payroll dates announced by the District. Unit members who were on the payroll on the preceding June 30 shall receive their first check, representing compensation for services actually performed, on the first payroll date in September.

B. Each unit member shall have the option of having the unit member’s semi-monthly payment reduced so as to permit the payment, upon completion of the unit member’s assigned responsibilities, of a lump sum equal to an additional four paychecks at the close of the school year.

C. Prior to June 30 of each school year, or at the start of employment, the District shall provide salary option forms for each employee to complete for succeeding year for informational purposes only.

3.8 Delivery of Paychecks

The District shall maintain its best efforts to have paychecks deposited not later than the end of the morning session of announced payroll dates.

3.9 Holiday Payroll

When payroll days fall within a holiday period, the check for that payroll date will be deposited on the last working day preceding the holiday period.

3.10 Payroll Deposits

All payroll checks shall be electronically deposited by Ulster BOCES Treasurer into the accounts (maximum two) designated by the unit member. The obligation to make direct deposits shall be subject to the requirements of Section 192 of NYS Labor Law and/or other regulations as promulgated by the NYS Division of Labor or the Office of the State Comptroller or by laws enacted by the legislature. All unit members shall have access to the WinCap Web system for receiving the record of their payroll information traditionally printed on their paystub.

3.11 Employee List

On October 1 and February 1 of each year, the District shall provide the Organization with a list of names and mailing addresses of all members of the bargaining unit and a seniority list for Teacher Aides and Certificated Teaching Assistants, Occupational Therapy Assistants, Physical Therapy Assistants and Job Coaches.

3.12 Minutes

The District shall mail to the President of the Organization a copy of the official minutes of each meeting of the Board of Education.

ARTICLE 4 – DISTRICT FILES

4.1 Filing of Reports

No material shall be placed in a District file about an employee unless the unit member has had an opportunity to read the material. The unit member shall acknowledge that they have read such material by affixing a signature on the actual copy to be filed with the understanding that such signature does not necessarily indicate agreement with its contents. The unit member shall have the opportunity to answer any material inserted in the file and such answer shall be filed together with the material objected to. A free copy of any material added to the member’s file shall be provided to the unit member at the time of filing. The District, upon request, shall provide additional copies of materials in a unit member’s file at the rate otherwise charged by the District for the copying of documents under the Freedom of Information Law.

4.2 Review of Files

The review of a file shall have the following conditions: The unit member shall submit a signed request two (2) school days before the time in which he or she desires to review the file. In the event a unit member is unable to review the file during normal office hours, arrangements will be made upon reasonable advance notice to permit such review at a time convenient to the unit member and the District. The District shall have a representative present in any review. At the request of the unit member, a representative of the Organization may be present during the review. The unit member may only review the file relating to the unit member and only in the appropriate administration office. The Organization or its representatives shall have no right to review unit member’s files.

ARTICLE 5 – EMPLOYEE DISCIPLINE

5.1 Hearing

Any unit member in the classified service who has been employed for three (3) years shall not be discharged except pursuant to the procedures specified in Section 75 of the Civil Service Law.

ARTICLE 6 – EVALUATION

6.1 Purpose and Format

Unit members shall be evaluated for the purpose of determining their competency in performing their assignments. The number and type of evaluation shall be determined in the District’s sole discretion. Upon request, the District and Organization shall meet and confer regarding suggestions as to changes in the evaluation sheets.

6.2 Observations

All formal observations of an employee’s performance will be conducted openly and with the full knowledge of the employee. The District shall have the right to conduct informal observations at any time. Every effort shall be made to provide a copy of any observation report or of any evaluation report prepared by the unit member’s supervisor within five (5) working days. If a conference is requested, every effort will be made to discuss the report of evaluation with the supervisor within five (5) working days of receipt by the unit member prior to including it in the district file. The unit member shall have the right to submit a response to any report or evaluation within ten (10) working days following receipt of the report or the requested conference and the response shall be attached to the report or evaluation.

ARTICLE 7 – POSTING OF VACANCIES

7.1 Posting

The District shall post notices of vacancies and/or openings of any type whatsoever occurring within the bargaining unit at all instructional sites owned and operated by BOCES and shall send a copy of each notice to the Organization president. Employees who desire a change in program or location shall make their request in writing to the director no later than March 1 of each year. All positions must be posted in all buildings where practicable, for three (3) days. Current unit members must respond within three (3) days from final date for applications. Appointment to a vacancy and decisions over requests for transfer shall be made in the sole discretion of the District.

ARTICLE 8 – WORKSHOPS CONFERENCES AND TUITION REIMBURSEMENTS

8.1 A. Attendance at Workshops and Conferences

The District and the Organization recognize that professional development is part of the regular responsibility of an employee and that attendance at particular conferences or workshops may be of value to the District. Upon a showing of value to the District by the employee or the Organization, and upon reasonable advance notice in writing, in each year of the term of this Agreement, the District Superintendent may grant an employee one or more days of leave, without charge to other leave credits, for the purpose of attending such a conference or workshop and/or may authorize reimbursement of the reasonable and necessary expenses of attendance at such a conference or workshop. When feasible, an employee shall be given forty-eight (48) hours notice if requested by the District to attend workshop conferences, etc., away from his/her home site.

B. Participation in Agency Sponsored Programs

Unit members may enroll tuition free in BOCES Adult Continuing Education classes as well as classes offered by the MHRIC or Instructional Services under the following conditions:

  1. Such courses cannot be taken during the work day.
  2. Enrollment is contingent upon availability of space after it is determined that adequate external enrollment is available to fund the class.
  3. Any and all related costs beyond the registration fee are to be borne by the unit member including but not limited to supplies, materials, textbooks, raw materials or ingredients.
  4. Unit members must verify their enrollment at their initiative on the day preceding the first class.
  5. Any classes taken under this provision are not eligible for salary purposes nor for any other reimbursement claims that may otherwise be available within this agreement.

C. Tuition Reimbursement for Certain Courses

The District will reimburse up to $750.00 per unit member per year toward the cost of coursework that meets the following criteria:

  1. The coursework is functionally related to the field in which the unit member works.
  2. The coursework is scheduled outside of working hours.
  3. The unit member must receive prior approval from the District Superintendent or his/her designee.
  4. The unit member must submit evidence of successful completion of course prior to reimbursement.
  5. Coursework taken in fulfillment of requirements for a Teaching Assistant’s certificate may be applied toward this reimbursement for unit members employed prior to July 1, 2006.
  6. Courses taken to meet the Teaching Assistant Level III Certification requirements are not eligible for tuition reimbursement for unit members hired after June 30, 2006.
ARTICLE 9 – GRIEVANCE PROCEDURE

9.1 General Provisions

A. A grievance is a dispute involving an interpretation or application of any of the provisions of this Agreement. It shall not apply to the exercise of a judgment which is conferred by law or by this Agreement upon the District Superintendent or the Board.

B. All grievances shall be in writing, at any stage of the grievance procedure, and shall contain the following information: (1) name and position of the grievant; (2) the section of the contract violated; (3) the date when the violation first occurred; (4) the date of the grievance; (5) a brief summary of the grievance and if on appeal from one stage to the next, the reason for the appeal; (6) the signature of the person or persons bringing the grievance.

C. The grievant shall be an individual employee, a group of employees or the Organization.

D. The grievance procedure shall be the sole remedy for any claimed violation of the contract.

E. A grievance shall be deemed waived unless it is submitted within thirty (30) calendar days after the aggrieved party knew or should have known of the events or conditions on which it is based. Thereafter, the time between steps shall be measured by school days.

F. Failure of an aggrieved employee or the Organization to bring the grievance to the first stage of the grievance procedure within thirty (30) days or to appeal a determination to the next stage of the grievance procedure within the specified time limits shall be deemed a waiver of the grievance and the grievance shall abate.

G. Grievances shall be submitted at the lowest possible stage where relief may be granted.

9.2 Grievance Procedure

A. Stage 1

The grievance shall be presented in writing to the appropriate site supervisor or program director who shall hold a hearing and render a written decision within fifteen (15) school days of the submission of the grievance.

B. Stage 2

Within ten (10) school days of the disposition of the grievance at Stage 1, the grievant may appeal in writing to the District Superintendent. The District Superintendent shall hold a hearing and render a written decision within fifteen (15) school days of the submission of the appeal.

C. Stage 3

Grievances may be brought to Stage 3 only by the Organization. Within ten (10) school days of the disposition of the grievance at Stage 2, the Organization may appeal an adverse decision at Stage 2 by filing an appeal with the Clerk of the Board within ten (10) school days of receipt of the Stage 2 decision. The Board or a committee of the Board shall meet with the aggrieved employee and shall issue a written decision of the grievance within thirty (30) school days following the date on which the appeal was received. The decision of the Board of Education or the Board Committee shall be final and binding upon the grievant.

ARTICLE 10 – WORKING CONDITIONS

10.1 Instructional Year

All unit members shall report to work the Tuesday following Labor Day in September, in years that Labor Day falls on September 5, 6, or 7, members shall be available to report to work on the Friday before Labor Day through the Friday concluding Regents week in June. In cases where the Regents examination schedule is moved to an earlier time period, not coinciding with the end of the student year, then the end of the work year shall be set at the date, working backwards to June 30th, that would equate to the completion of the 181 day minimum work year for unit members. The work year for the bargaining unit will be a minimum of one hundred eighty-one (181) days and a maximum of one hundred eighty-four (184) days. The work year may be extended beyond the Friday concluding Regents week for a sufficient number of days to meet the minimum one hundred eighty (180) days mandated by the State Education Department if this becomes necessary because of school closings for inclement weather and/or other essential reasons and if the Commissioner of Education will not waive these requirements.

10.2 Payment of Final Check

All unit members shall receive their final check for the year upon final satisfactory completion of all assigned duties and professional obligations.

10.3 Length of Instructional Day

All unit members will work no less than the teachers’ work day, site specific. Unit members shall be at their work station at least fifteen (15) minutes before and after the announced time of the start and end of the instructional day. Occupational Education unit members shall report to their work stations ten (10) minutes before the announced start of the afternoon session. During the work day all unit members shall notify the appropriate site office prior to leaving the site and upon return to the site.

10.4 Lunch

Except for emergencies, all full time unit members shall receive a minimum of thirty (30) minute unassigned lunch period during the time the school district serves lunch in the cafeteria.

10.5 Meetings after Instructional Day

Up to a maximum of forty-six (46) hours for professional activities may be utilized by the District within the school year and outside the instructional day (exclusive of travel time) for the purposes which shall include, but shall not be limited to, open house, staff meetings, and the like. At the beginning of each school year the program director shall provide a tentative calendar of meetings for the remainder of the year. When additional meetings are required by virtue of unusual or emergency conditions, the District shall give two (2) days advance notice. Staff meetings shall begin no later than ten (10) minutes after the end of duty hours.

10.6 Completion of Records

Where applicable, unit members shall be responsible for the maintenance and accurate completion of such records which they are directed to maintain or complete by their supervisor.

10.7 Fair Compensation

A. Unit members participating in the projects listed below will be paid $25.00 per hour:

  1. Curriculum/program development projects as set by program directors.
  2. Relocated classrooms: Compensation for the set-up of relocated classrooms and/or therapy rooms shall be limited to one six (6) hour day to close down an old room and one six (6) hour day to set up a new room. Up to an additional three (3) hours may be granted if the new classroom or therapy room is in a different building.
  3. Summer Shared Decision-Making Team Meetings: Compensation for attendance at summer shared decision-making teams shall be limited to six (6) hours of meeting time per team member.
  4. For unit members participating in the BOCES-wide site development meetings.

B. For work performed beyond the official school year/day, involving regularly assigned duties, unit members shall be compensated at a per diem rate of 1/200th of their respective annual salaries, prorated to actual time.

10.8 Reassignment Request Due to Injury/Violence

When a unit member is assaulted by a student that results in injury to the unit member or when a student makes a credible threat of violence against the unit member’s family or property, the unit member may request a new assignment. It is understood that, due to program constraints, there may be no other assignment suitable for the unit member. The decision to disapprove any such request shall not be grievable.

ARTICLE 11 – LEAVES OF ABSENCE

11.1 Personal Leave

Unit members are granted three (3) days personal leave credits annually for the transaction of personal business that can only be accomplished at times during school hours. Personal leave shall not be used as vacation time, for the pursuit of a hobby or a vocation, or to pursue an additional vocation. These days will be available to unit members without reason. Requests for the use of personal leave shall be submitted to the District Superintendent through the Program Director in writing. The requests shall be made at least three (3) days in advance of the anticipated absence. Where this is not possible, the request for approval of such leave shall set forth in detail the reasons why the three (3) day advance notice requirement was not adhered to. Should the personal day fall immediately before or after a recess or a holiday, then requests for approval of the use of those days shall be submitted to the District Superintendent through the Program Director in writing stating the reason for the request. The District Superintendent’s decision to approve or disapprove each personal leave request under this Article shall be final and binding upon the parties and shall not be grievable in accordance with the provisions of this agreement. Unused personal days shall be converted to the unit member’s sick leave accumulation at the end of each school year.

11.2 Sick Leave

A. Unit members shall receive fourteen (14) days of sick leave each year.

B. Part time unit members shall accumulate sick leave prorated to the number of hours they work.

C. Sick leave may be utilized only for illness of the unit member or illness in the unit member’s immediate family. As used in this section, “immediate family” shall mean the unit member’s father, mother, brother, sister, spouse, son, daughter, grandparent, legal guardian, mother-in-law, father-in-law or grandchild who resides in the same household.

D. In those cases where part time employees become full time unit members, full time sick leave accumulation shall begin from the date that full time status is attained and shall include those days accumulated on a part time basis. When full-time unit members become part-time unit members after the start of the school year, future sick leave shall be adjusted to reflect the change in employment status with no loss in accumulation. When such unit member(s) become part-time by assignment by the District, there will be no loss.

E. Unused sick leave shall accumulate to one hundred eighty six (186) days.

F. Teaching Assistants and Teacher Aides who are excessed or surplused shall be allowed to sell back to the District up to a maximum of fifteen (15) days of unused, earned, and accumulated sick days or 50% of their unused, earned, and accumulated sick days, whichever is higher. Unit members who are terminated, transferred to another district under § 3014(b) of New York State Education Law, or reassigned are not eligible. If rehired, bought days will not be reinstated. Compensation for unused sick days shall be made three (3) months after the start of the next school year to alleviate the possibility of the unit member being rehired. The value of this sick day buyout shall be based on the rates in Article 15 – Retirement.

11.3 Sick Leave Bank

See "Appendix A" - Ulster County BOCES Teaching Assistants' and Teacher Aides' Organization Sick Bank Policy.

11.4 Doctor’s Certificate

The District Superintendent may require a doctor’s certificate substantiating the illness of a unit member or an illness in the unit member’s immediate family when the unit member has applied for more than three (3) consecutive working days of sick leave. An examination or immunization required by the District shall be at the District’s expense and there shall be no charge to an employee’s leave credits for time spent during such examination or immunization.

11.5 Pro Rata Sick Leave

If a unit member becomes ill before the mid-point of the workday he or she will be charged with a full day of sick leave. If the unit member becomes ill beyond the mid-point of the workday, he or she will be charged only with a half day of sick leave. The length of the work day shall be determined by the site at which the unit member works.

11.6 Bereavement Leave

Each unit member shall be entitled to up to five (5) days bereavement leave for deaths in the immediate family. As used in this section, “immediate family” shall mean father, mother, brother, sister, spouse, son, daughter, legal guardian, mother-in-law, father-in-law, grandchild, grandparents, stepparents, stepchildren, stepbrother, stepsister, son-in-law, daughter-in-law, or a person of significant relation residing in the household.

11.7 Child Care Leave

A unit member may request a leave of absence, not to exceed two (2) years in duration for the purpose of raising a natural or adopted child.

11.8 Jury Duty

Any unit member who is called for jury duty shall notify the District immediately upon such notice and shall cooperate with the District in attempting to obtain an adjournment of such service to the months of July or August or a period when school is not in session. If the employee is nonetheless required to serve on jury duty, the unit member shall participate in the “on call” system and appear for work on those days when the employee is “on call.” Any employee who cooperates with the District in rescheduling the jury service or participates in the on-call program, where possible, shall receive full salary during the period of such service, less an amount equal to the compensation paid to the employee, except for travel and meals. In lieu of a deduction, a unit member may pay the amount received for jury duty, less compensation for meals and travel, directly to the District and receive full salary.

11.9 Other Absences

Leave may be granted by the District in the exercise of its sole discretion for any other reason it deems fit where such leave has been recommended by the District Superintendent and approved by the Board.

11.10 Return to Employment

Upon return from an extended leave, a unit member who has completed ninety (90) school days in the school year in which the leave commenced shall receive credit for salary purposes for a full year of service. When it deems necessary, the District shall have the right to assign unit members returning from leave to a different assignment upon re-commencement of employment. Whenever a leave of absence is granted for a period longer than six (6) months or when a leave of absence granted is one school year and terminates in another, the employee must notify the District at least six (6) months prior to the date of the requested return. In such cases the District shall have the right to determine whether the return shall coincide with the commencement of a semester or the school year.

ARTICLE 12 – LIABILITY INSURANCE

12.1 Maintenance of Policy

The District shall continue its insurance policies covering employees using vehicles when such vehicles are in the course of their employment under specific direction of the immediate supervisor.

ARTICLE 13 – INSURANCE BENEFITS

13.1 Health Insurance

A. The District shall pay the cost of individual or family coverage in one of the following plans: Empire Alternative PPO, Empire EPO 20, MVP, or an alternate plan selected by the District providing materially identical benefits. The district contribution shall be according to the following schedule:

89% - effective July 1, 2015

B. All unit members hired on or after October 1, 2018, shall have DEHIC EPO20 as their only health insurance option.

C. Effective July 1, 2020, all unit members shall have the DEHIC EPO20 as their only health insurance option. Unit members shall contribute nine percent (9.0%) toward the cost of premium of the DEHIC EPO20 effective with their entrance into the EPO20.

D. Effective July 1, 2020, If a unit member selects any health insurance plan other than the DEHIC EPO20, the unit member shall pay the entire cost of the difference between the DEHIC EPO20 and the other plan.

E. Participation in this coverage will be determined by the respective plan’s eligibility requirements.

F. The District shall continue to pay the percentage of the premium for health insurance set forth in Paragraph A for any full time unit member whose position is reduced to part-time service.

G. The District shall pay the percentage of the premium for health insurance set forth in Paragraph A for any unit member who is at .50 employment or higher.

H. The District shall pay a percentage of the premium for health insurance set forth in Paragraph A for any unit member who is employed below .50 equal to the percentage of the unit member’s full time equivalent employment.

I. Buy Out ~ If less than 15% of the unit members (as of February 2) voluntarily elect not to participate in a District health plan, or anyone who voluntarily changes from family to single coverage shall receive annually the sum equal to 50% of the net savings realized by the District as a result of this change in coverage. Said sum not to exceed $2,500 each year for the life of this contract. If 15% or more of the unit members (as of February 2) voluntarily elect not to participate in a District health plan, or anyone who voluntarily changes from family to single coverage shall receive annually the sum equal to 50% of the net savings realized by the District as a result of this change in coverage; said sum not to exceed $4,000 each year for the life of this contract. This buy-out shall be payable to the employee in his/her final paycheck. In the event that due to “change in life circumstances” such unit member finds it necessary to re-subscribe to the original coverage this will be permitted.

J. Flexible Benefit Plan ~ The District and the Organization shall implement the Flexible Benefit Plan in accordance with Section 125 of the Internal Revenue Service Tax Code, with a claims administrator, mutually agreed upon. The District shall be required to provide no more monetary advance than a 1/10 per month. There will be a $2,500 cap on member contribution for each year of this contract and a $5,000 cap on dependent care on member contribution for each year of this contract unless these caps are reduced by state or federal regulations in which case the revised cap, based on those regulations will be in effect. This plan may be terminated by the District if any net cost is incurred by the District.

13.2 Benefit Trust

The Organization may join the UBTO Benefit Trust Fund, meeting all state and federal requirements. The District will fund the Ulster BOCES Teachers’ Organization Benefit Trust Fund for the Teaching Assistants' and Teacher Aides' Organization members at the following rates:

Effective July 1, 2012 - $1,390 per eligible unit member

Upon acceptance into the UBTO Benefit Trust Fund, the District shall make quarterly contributions as follows:

  1. On October 1 of each year, a count of unit members eligible to participate in the Fund shall be made and one-quarter of the amount due within the year shall be made within ten (10) days of October 15. For the purpose of the District’s contributions an eligible unit member is one who is assigned to work .50 FTE employment or more per year. For those who work less than .50 FTE employment per year and elects to participate, the District will contribute a percentage of the individual amount equal to the full-time equivalent ratio.
  2. On December 1 of each year, a count of unit members eligible shall be made and adjustments made to the amounts due calculated within ten (10) days of December 15.
  3. On April 1, of each year, a count of unit members eligible shall be made and adjustments made to the amounts due calculated within ten (10) days of April 15.
  4. On June 15, of each year, a final yearly count of unit members eligible shall be made and a final analysis conducted. Cost corrections shall be made thereafter. Any amount due the fund shall be paid forthwith. Any overages shall be credited to the subsequent year.
  5. The District shall be entitled to a detailed annual financial statement and the annual external audit report. The expenditure of the Trust funds shall be solely to purchase or provide dental insurance and/or other insurance or benefits. No Trust Fund monies can be used by any unit member or by the Trust Fund itself in any litigation against the District.
  6. Upon agreement between the District and the Organization, other employees, in addition to the unit members, may participate in the dental plan. Participation in additional plans by other employees may be allowed, upon agreement between the District and the Organization.
  7. The Organization shall indemnify the District for any attorney fees incurred in any litigation relating to the Trust Fund, unless the issue involves the timeliness of payments made by the District as described above.

ARTICLE 14 – MILEAGE

14.1 Compensation for Mileage

The parties agree all mileage exceeding two miles from the assigned site for mandatory meetings shall be reimbursed at the IRS rate. The parties agree the traditional opening day meeting and District Superintendent’s Conference days are not subject to Article 14.1 (Mileage Reimbursement).

14.2 Use of BOCES Vehicles When Transporting Students

Only those unit members who have a current and valid CDL license may drive students in a BOCES official vehicle at the direction of the supervisor/principal. Those driving under the above conditions will be covered under the BOCES vehicle liability insurance for items considered part of their assigned job duties.

ARTICLE 15 – RETIREMENT

A. Sick Day Compensation

Unit members with ten (10) years of service in BOCES who submit an irrevocable resignation for the purpose of retirement under the terms and conditions of the applicable retirement system in writing eight (8) months prior to its effective date shall be compensated for all unused sick days at the following rates:

Effective July 1, 2012 1 – 186 days $50.00 per day

B. Health Insurance

To be eligible for coverage during retirement, a unit member must meet the following qualifications:

  1. The unit member must be eligible to submit a notice of retirement or early retirement to either the New York State Teachers' Retirement System or the New York State Employees Retirement System and must submit such an application and receive retirement benefits.
  2. The unit member must be fifty-five (55) years of age or greater or must qualify for early retirement and must submit a letter of resignation to BOCES.
  3. Immediately prior to sending the letter of resignation the unit member must have been employed by BOCES on a full time basis (thirty (30) or more hours per week) for a ten (10) year period immediately preceding the resignation, except for approved leaves of absences without pay.

During retirement, BOCES will continue to provide medical coverage for the unit member, on either an individual or family basis or if applicable, two (2) individual plans for the employee and the employee's spouse, during the unit member's lifetime BOCES will contribute ninety percent (90%) for individual and eighty five percent (85%) for family. The employee must make payment of the unit member's share reasonably in advance of the due date and any failure to make payments within sixty (60) days of the due date shall result in termination of coverage.

ARTICLE 16 – RESIGNATIONS

16.1 Irrevocable Nature

Once tendered, resignations shall not be withdrawn or revoked except at the sole discretion of the Board of Education.

ARTICLE 17 – COMPENSATION

17.1 Teacher Aides

Teacher Aides shall be compensated on the basis of the schedule labeled “Schedule A ~ Teacher Aide Salary Schedule” as follows:

2016-2017
Increase all base salaries by $500.00
2017-2018
Increase all base salaries by $750.00
2018-2019
Increase all base salaries by 4.00%
2019-2020
Increase all base salaries by 4.00%
2020-2021
Increase all base salaries by 5.00%

17.2 Teaching Assistants

A. Compensation

Teaching Assistants shall be compensated on the basis of the schedule labeled “Schedule B ~ Teaching Assistants’ Salary Schedule” as follows:

2016-2017
Increase all base salaries by $500.00
2017-2018
Increase all base salaries by $750.00
2018-2019
Increase all base salaries by 4.00%
2019-2020
Increase all base salaries by 4.00%
2020-2021
Increase all base salaries by 5.00%


1. Level III Certification Differential

Teaching Assistants who have Level III Teaching Assistant Certification will receive an additional $1,500 per year if hired after February 1, 2004. Certified Teaching Assistant II or III who are employed before July 1, 2006 who have 18 college credits and/or have passed the NYSATAS test also qualify for the $1,500 stipend.

2.Special Area Assignment Stipend

Teaching Assistants who are designated as such, and appointed to a special area assignment will receive an annual stipend of $2,400.The stipend is paid for as long as the Special Assignment is in effect.

B. Salary Adjustments

A Teaching Assistant’s salary will be adjusted only on September 1 and February 1 to account for:

(1) The acquisition of eighteen (18) credits. (If a Teaching Assistant takes courses during the summer and the official transcripts are not received until the fall, the salary adjustment will be retroactive to September 1).

Grandfathered Teaching Assistants please refer to Article 17.2. (A) (1).

(2) The acquisition of Level III Teaching Assistant Certification.

17.3 Occupational Therapy Assistants and Physical Therapy Assistants

Occupational Therapy Assistants and Physical Therapy Assistants will have their base salary increased as follows:

2016-2017
Increase all base salaries by $500.00
2017-2018
Increase all base salaries by $750.00
2018-2019
Increase all base salaries by 4.00%
2019-2020
Increase all base salaries by 4.00%
2020-2021
Increase all base salaries by 5.00%

17.5 Longevity

Longevity increments will begin in year two (2) and end in year twenty five (25) for all positions covered under Article 1.1 - Recognition Statement.

Effective July 1, 2013, the year two (2) longevity payment will be $700. In year three (3) the longevity payment will be increased by $300 and will increase $100 for each year through year nine (9). In year ten (10) the longevity payment will be increased by an additional $600. In year eleven (11) through year fourteen (14) the longevity payment will be increased by an additional $150 for each year. In year fifteen (15) the longevity payment will be increased by an additional $300. In year sixteen (16) through year nineteen (19) the longevity payment will be increased by an additional $150 for each year. In year twenty (20) the longevity payment will be increased by an additional $300. In year twenty-one (21) through year twenty-five (25) the longevity payment will be increased by an additional $150 each year.

Effective July 1, 2018, longevity will increase as follows:

Step 2 – 15

Add $100 to each Step

Step 16 and above

Add $200 to each Step


All longevity payments are for real/actual years of service for all positions covered under the Recognition Statement (Article 1.1) of this agreement.

Unit members must be employed for more than ninety (90) days in any given school year before earning longevity credit for that year.

17.6 Extra Classroom Salary Schedule

Upon appointment by the Board of Education, club advisors will be paid as follows:

  • SkillsUSA Lead Advisory: $1,500 per year
  • Honor Society Advisor: $ 750 per year

17.7A. Additional Pay for Being Assigned as Substitute Teachers

Teaching Assistants and Teacher Aides shall be compensated by an additional amount specified below for full, half day, or scheduled periods during which they cover for teachers who call in sick, are excused for a personal business day, conference day, or other approved temporary leave of absence. All substituting must be approved by the immediate supervisor prior to substituting:

Year

Full Day

Half Day

Scheduled Period

Effective July 1, 2012

$60.00

$30.00

$10.00

A. Teacher Aides assigned to take over for a Teaching Assistant by the immediate supervisor will be paid an additional $40.00 for a full or half day.

17.8 Teaching Assistants and Teacher Aides Excessed After August 1

Teaching Assistants and Teacher Aides who had not been informed in writing that their employment with Ulster BOCES was no longer needed, on or before July 31 of any school year, and who were informed that their employment with Ulster BOCES was no longer needed on or after August 1, shall be given at least two weeks notice of their last day employment. The first day of the two week notice period for August 1 through August 31 notifications shall be the first day of student attendance in September. Teacher Assistants and Teacher Aides so notified shall be paid for each day that they are in attendance at their assigned job site up to a maximum of ten (10) paid days. Specifically excluded from payment are sick days and personal leave days utilized by the Teacher Assistant or Teacher Aide after receipt of their notice that their employment will no longer be continued.

ARTICLE 18 – EMPLOYEE ASSISTANCE PROGRAM

The District shall have the right to establish an Employee Assistance Program. Unit member participation in the program shall be voluntary.

ARTICLE 19 – DURATION

19.1 Special Education Summer School

A. All positions in Special Education Summer School shall be filled by regularly employed unit members before consideration is given to any of the other applicant. Unit members so employed will be compensated at a per diem rate of 1/200 of the respective annual salaries prorated to their actual time. Should lack of state funding make it fiscally impossible for the District to hire all of the regularly employed unit members who request to work in the Special Education Summer School, the District shall meet with the Executive Council of the Organization or its designee to mutually agree upon a point of cut-off on the seniority list. As an alternative to eliminating unit members from participating in Special Education Summer School due to financial necessity, the District and Executive Council may enter into a Memorandum of Agreement that reduces the per diem rate to less than 1/200 of the respective annual salaries prorated to their actual assigned FTE.

B. It is the intent of the District to hire unit members for Special Education Summer School employment based upon seniority. If exceptions to seniority are made by the District, then the unit member affected may request the reasons in writing and may appeal the Program Director’s decision to the Deputy Superintendent with representation by the Organization. Such an exception requested by the District must be declared to the affected unit member and the President of the Organization no later than ten (10) working days before the general June 1 notification date. The decision of the Deputy Superintendent will be final.

C. The District, upon receipt of official notification from the State Education Department, concerning the calendar for Special Education Summer School, shall forward a copy of said notification to the President of the Organization within seven (7) working days. The Special Education Summer School Calendar will be put on the agenda for the next regularly scheduled meeting between the Organization and the District. The District shall notify the unit members who have applied for a summer school position as soon as practical but no later than June 1 of their summer school employment status, contingent upon enrollment and Board of Education approval.

D. Unit members shall be granted two (2) non-accumulative sick day during the Special Education Summer School Session. In addition, if unit members use their Special Education Summer School sick day, they may access an additional day from their accumulated sick leave.

E. In the event of a death of an immediate family member, a unit member, at the discretion of the District Superintendent, may be entitled to bereavement leave as described in Article 11.6. The District Superintendent’s decisions final and binding.

F. Unit members in the Special Education Summer School working less than a full day will receive a pro rata share of 1/200 rate.

19.2 Effective Date

This Agreement shall be effective as of July 1, 2016, and shall continue in effect through June 30, 2021.

19.3 Entire Agreement

The Organization agrees that all negotiable items have been discussed during the negotiations leading to this Agreement. The Organization agrees that negotiations will not be reopened on any items during the life of this Agreement. Any District policies unaltered or unchanged by the language of this Agreement shall remain in force, and it shall be the prerogative of the District to initiate and adopt new policies not affecting or changing matters contained in this Agreement.

19.4 Ratification

This Agreement was duly ratified by the Ulster County BOCES Teaching Assistants’ and Aides’ Organization and the Ulster County BOCES Board of Cooperative Educational Services and that ratification is indicated by the presence of the signatures below.


ULSTER COUNTY BOARD OF COOPERATIVE EDUCATIONAL SERVICES

Charles Khoury
District Superintendent

ULSTER COUNTY BOCES TEACHING ASSISTANTS’ AND AIDES’ ORGANIZATION

Michelle Rosu, President
Teaching Assistants’ and Teacher Aide's Organization