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Article 6 – Working Conditions

Article 6 – Working Conditions

6.01 – Physical Facilities:

  1. Safe and Secure Conditions: Adequate, clean, safe and sanitary working conditions shall be provided for all employees. No employee shall be required to work in conditions that are not safe or secure or perform tasks which endanger health and safety. The site supervisor or principal shall, in consultation with the Safety & Security Department whenever possible, make an initial determination as to whether an unsafe working condition exists.
  2. Reporting Unsafe Conditions: An employee who becomes aware of an unsafe or dangerous working condition shall immediately report the situation to the site administrator. A Safety/Security Deficiency Form shall be provided to employees either in an electronic file or by hardcopy, for reporting purposes and shall be located in an easy to find location on the District website. The supervisor shall investigate the report and initiate whatever corrective action they deem appropriate with consultation and notice given to the Safety & Security Department. If the employee believes that the condition has not been corrected, they may report it to the School or Site Safety/Security Committee in writing on the Safety/Security Deficiency Form. All hard copies of the Safety/Security Deficiency Form shall be directed to the Safety & Security Department and a copy of the report shall be maintained by the site administrator.
  3. Safety/Security Equipment: The District will determine proper and necessary safety and security equipment and devices for employees. An employee who fails to use safety or security equipment as directed may be subject to discipline.
  4. Training: Specific, job-related training shall be provided to employees at the expense of the Board. Qualified employees will be offered an annual training opportunity based on their job duties, seniority, if relevant, and technological advances in the trade. All training required by the Board will carry in-service points and will be paid at the employee’s hourly rate. Employees attending required training outside the employee’s regular work schedule will be paid at their regular hourly rate or at the overtime hourly rate. If a senior employee believes they should have been offered training that was offered to a different employee, they may file a grievance to be heard by the supervisor.
    1. Medically Related Procedure: Any employee who is required to administer any medically related procedure shall receive training on such procedures. All required training shall be at the discretion and expense of the Board.
    2. Standardized Assessments: Any employee who is required to administer and/or proctor any statewide standardized assessment or assessments associated with Florida approved courses shall receive training prior to administering and/or proctoring such assessments.
    3. Security Specialists: Security Specialists will receive specific, job related safety and security training beginning in FY16.
    4. Instructional Support: The Labor/Management Committee will develop a list of specific, job related training items for instructional support. Instructional support shall receive this training within the first thirty (30) days of their employment.
    5. Clinic Assistants: The District commits to continue to improve training for Clinic Assistants.
    6. Custodians: The District will provide training on identifying hazardous waste and the steps necessary to report hazardous waste. Emergency phone numbers will be made available to nighttime custodians and will be included in the Safety Data Sheet (SDS) Manual.
  5. Transportation:
    1. Safe Driver Plan: Revisions of the Safe Driver Plan shall be implemented only after consultation with the Association through the SPALC Labor/Management Committee and memorandums of understanding. The Safe Driver Plan shall not prohibit any employee from exercising any rights or privileges provided by law, rule or this Agreement.
    2. Student Discipline:
      1. Training: The District will provide training for bus operators/attendants/monitors in methods of maintaining discipline. The training shall include cultural sensitivity. The principal or designee shall meet with employees assigned to buses serving the school no later than three (3) weeks after the start of each school year to review the school’s discipline procedures pertaining to transportation of students. These meetings shall be coordinated through the Senior Administrator for each Transportation Zone.
      2. Process: When a transportation employee has exhausted the District bus discipline procedures and a student still requires the attention of the principal or other school or District staff, the transportation employee shall so inform the principal or designee, on the approved referral form. When a transportation employee submits a disciplinary referral, the principal or designee shall write the action taken on the form and return a copy to the transportation employee within five (5) work days. If the problem continues, the transportation employee’s supervisor will arrange for a meeting with the principal or designee, the transportation employee’s supervisor and other parties as deemed appropriate. For Schools with continued problems, the issue will be referred to the Executive Director of Transportation to find a solution.
    3. Bus Ramps: Transportation employees and any school-based employee who is required to perform bus ramp duties must receive bus ramp safety training.
    4. Transportation Facilities: Every effort will be made to equip transportation compounds, whether temporary or permanent, with sanitary, water and waste disposal facilities and paper products. Facilities shall be maintained to ensure proper health and hygiene. If sanitary, water, waste disposal or paper products are not available at the compound, bus employees will be notified as to the location of the facilities to be used.
  6. Custodians:
    1. Safe Environment: When custodians are required to work outside in darkness or in secluded areas, the supervisor shall utilize one of the following options to ensure a safe working environment: provide a communication device, assign another person to workin the same vicinity during the same time, adjust the employee’s work schedule to allow the employee to perform required duties during daylight hours.
    2. Safety Equipment: Provide necessary safety equipment, such as appropriate fitting rubber boots, upon request by school or site supervisor. Necessary safety equipment to be agreed upon by the SPALC Labor/Management Committee and consistent with Article 3.01(4).

6.02 - Protection of Person:

  1. Injury: The Board assures employees of its support when employees have followed the laws and regulations of the State and the policies of the Board in carrying out their responsibility. An employee involved in injury to themselves, a student or to another employee shall immediately report same to their supervisor and thereafter make such written reports as necessary to comply with Board policy.
    1. Physical Examination: Bus operator's physical examinations and dexterity tests required by law shall be completed prior to bidding. Physical examinations must be performed by physicians specifically authorized by the District to perform bus driver physicals. Proof of physical must be carried at all times while operating a school bus. In order for the District to pay for the physical, the employee must show up for the physical at the scheduled time. Subsequent physicals will be scheduled during the employee’s birth month and in accordance with law. The employee will schedule the physical and must comply with scheduling requirements or be responsible for paying the cost of the physical. The parties agree that SPALC will have a representative on the Request for Proposal (RFP) team related to performing employee physical exams.
      1. Fitness-For-Duty: Transportation employees must be able to perform all work-related duties, including licensure and physical requirements, at the time of placing their bus bid.
    2. Student Discipline: Bus operators will have input in disciplinary decisions regarding the transportation of students disruptive while on the bus.
  2. Workplace Civility: Employees shall not engage in speech, conduct, behavior (verbal or nonverbal), or commit any act of any type which is reasonably interpreted as abusive, profane, intolerant, menacing, intimidating, threatening, or harassing against any person in the workplace. Bargaining unit employees may address alleged violations of this article through the grievance procedures as outlined in Article 4 of this agreement. The resolution of a complaint under this article may result in the involuntary, temporary transfer of an employee or employees pursuant to Article 5.03(2) of this agreement. Such transfer may become permanent when deemed necessary by the Superintendent or the Superintendent’s designee.
  3. Harassment or Discrimination: The District is committed to ensuring equity in school programs and employment practices. The District prohibits harassment and discrimination as provided in Florida Statute 100.05 and School Board Policy. Employees who feel they have been harassed or discriminated against are encouraged to submit a complaint in accordance with board policy.
  4. Nursing Mothers: Protections shall be granted to nursing mothers in accordance with applicable state and federal laws, including Section 7 of the Fair Labor Standards Act. Nursing mothers will be provided with reasonable break time to express breastmilk for one year after a child’s birth. The District will provide a place, other than a bathroom, that is shielded from view and free from intrusion by co-workers and the public, which may be used by an employee to express breastmilk. Employees must keep their immediate supervisor informed of their needs so that appropriate accommodations can be made with minimal disruption to the employee and the worksite. Nursing mothers who feel they have been denied appropriate accommodations are encouraged to contact Human Resources. Nothing herein shall be construed to expand these protections beyond the limits of applicable state and federal law.
  5. Domestic or Sexual Violence: Protections shall be granted to employees who are victims of domestic or sexual violence in accordance with Florida Statute 743.313. Employees will be provided with leave in accordance with Article 12. The District will ensure that related public records exemptions are provided, may refer reported cases to the appropriate Threat Assessment Team for review, and will allow employees to request a temporary transfer or reassignment. Employees must keep their immediate supervisor informed of their needs so that appropriate accommodations can be made with minimal disruption to the employee and the worksite. Employees who feel they have been denied appropriate accommodations are encouraged to contact Human Resources. Nothing herein shall be construed to expand these protections beyond the limits of applicable state and federal law.

6.03 - Protection of Personal Property:

  1. Reimbursement for Theft or Damage: The District shall reimburse employees for personal property theft or damage under the following conditions:
    1. District Purpose: The employee’s personal property must be used for District purpose with the consent of the employee’s supervisor.
    2. Timely Report: An incident report/claim documenting the loss/damage and signed by the supervisor must be submitted to the Insurance & Benefits Management within one business day of the incident.
  2. Personal Hand Tools: The District shall reimburse employees for the replacement cost of hand tools under the following conditions:
    1. Location: The hand tools must have been stolen from District-owned property, including vehicles.
    2. Due Diligence: The employee must demonstrate they exercised reasonable diligence in the care and protection of the tools.
    3. Timely Report: An incident report/claim documenting the loss/damage and signed by the supervisor must be submitted to the Insurance & Benefits Management within one business day of the incident.
  3. Personal Automobile:
    1. Theft and Vandalism: The District shall reimburse employees for theft and vandalism losses to their personal autos under the following conditions:
      1. Timely Report: An incident report/claim documenting the loss/damage and signed by the supervisor must be submitted to the Insurance & Benefits Management within one business day of the incident.
      2. Police Report: A police report must be filed documenting theft or vandalism.
      3. Negligence: Loss must have been the direct result of District negligence.
      4. Reimbursement: Maximum reimbursement of $250 toward amount not covered by employee’s personal auto insurance deductible.
    2. Collision: The District shall reimburse employees for collision losses to their personal autos under the following conditions:
      1. District Purpose: The employee was driving their personal auto in the course and scope of employment with the consent of the employee’s supervisor.
      2. Timely Report: An incident report/claim documenting the loss/damage and signed by the supervisor must be submitted to the Insurance & Benefits Management within one business day of the accident.
      3. Reimbursement: Reimbursement shall be limited to the employee’s personal auto insurance collision deductible.
      4. Fault: Reimbursement shall be limited to accidents in which the other party is at fault (a citation is issued).
      5. Police Report: A copy of the law enforcement accident report must be submitted to the Department of Insurance and Benefits if and when it becomes available.

6.04 – Alcohol, Tobacco, and Drug-Free Workplace: No employee shall possess, consume or sell alcoholic beverages or manufacture, distribute, dispense, possess or use, on the job or in the workplace, any narcotic, drug, amphetamine, barbiturate, marijuana or any other controlled substance, as defined in the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulations at 21 CFR 1300.11 through 1300.15, or by Florida Statutes, Chapter 893.

  1. Notice of Arrest: As a condition of employment, each employee shall: abide by the terms of this article, and; notify the appropriate director, principal or supervisor of any criminal drug statute conviction for a violation occurring on the premises of the Lee County School Board, at the workplace, or during the conduct of any official activity related to the Lee County School Board no later than five (5) days after conviction.
  2. Notice of Conviction: The District shall take one or more of the following actions, within thirty (30) days of receiving such notice, with respect to any employee who is so convicted:
    1. Program Participation: Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health officials, law enforcement, or other appropriate agency.
    2. Failure to Participate: If the employee fails to satisfactorily participate in a drug abuse assistance or rehabilitation program, the District will recommend non-reappointment, suspension, or termination of the employee.
    3. Other Personnel Action: Take other appropriate personnel action, up to and including termination.
  3. Alcohol, Tobacco, or Drug Testing: All alcohol, tobacco, or drug testing shall be conducted in accordance with District policy and procedures.
    1. Mandatory: Employees in safety-sensitive positions, including those defined by the U.S. Department of Transportation standards, may be required to submit to alcohol, tobacco, or drug testing on a random basis.
    2. Reasonable Suspicion: No employee shall be required to submit to drug or alcohol testing without reasonable suspicion except as otherwise required by law or this agreement. All drug and alcohol testing shall be conducted in accordance with District policy and procedures for drug and alcohol testing.
  4. Exemptions:
    1. Prescription Drugs: Possession or use of prescription drugs by an employee for which they hold the prescription is exempt from this section.
    2. Confiscation: Employees who perform duties which require the disposition or confiscation of alcoholic beverages or controlled substances are exempt from this section if performing those specified duties.
  5. Employee Assistance Program: Employee assistance will be available through Human Resources and the Employee Assistance Program (EAP).
  6. Last Chance Agreement: A first-time Alcohol, Tobacco, and Drug-Free Workplace violation will result in an offer of a Last Chance Agreement (LCA) to the employee, a letter of reprimand (LOR), and/or mandatory referral to EAP, except in cases where aggravating factors exist. Aggravating factors may include any conduct that would be independent grounds for disciplinary action.

6.05 – Dress Code: In order to model appropriate behavior for students, employees are expected to present themselves in a professional manner at all times, in terms of dress and appearance. Employee dress and appearance shall not disrupt the educational environment.

  1. Required Uniforms: If required, uniforms, footwear or a footwear stipend will be provided for employees. Every employee afforded uniforms including footwear, shall wear their uniform on every assigned shift or work assignment. School/site spirit or team building theme day uniform substitutions are allowed with the approval of the school/site main administrator.
    1. Identification Badges: If required, identification badges will be furnished to employees.
  2. Measurement and Delivery:
    1. Purchased: Purchased uniforms for twelve (12) month employees shall be measured by October for targeted delivery in January. Purchased uniforms for ten (10) month employees shall be ordered not later than the second week of the new school year and targeted for delivery within ninety (90) days after the order is placed.
    2. Leased: Uniforms that are leased shall be provided on an ongoing basis.
    3. Safety Shoes: Safety shoes will be made available via an on-site mobile shoe fitting company.
  3. Uniform Purchase Eligibility:
    1. New Hires: New employees shall be eligible to order uniforms no later than thirty (30) days after the first day worked. New employees hired in July, August, September will be fitted according to contract language but will not become eligible again for the annual uniforms/shoes allotments until the following school year uniform/shoes distribution periods.
    2. Current Employees: After the first issue of uniforms, employees who are provided purchased uniforms shall have the opportunity to select approved accessories provided that the basic uniform is in good condition and that the total price of accessories does not exceed the cost of the uniforms.
  4. Uniform Allowance: Uniform allowance/allocations for Purchased Uniform employees will be calculated as follows:
    1. Twelve Month Employees: Twelve-month employees eligible for purchased uniforms will be provided five (5) uniforms in the first year of employment and up to five (5) uniforms each year thereafter. Twelve-month employees eligible for safety shoes will be allocated $100.00 each school year for the purchase of approved safety shoes.
    2. Less Than Twelve Month Employees: Less than twelve-monthemployees eligible for purchased uniforms will be provided five (5) uniforms in the first year of employment and up to four (4) uniforms each year thereafter.
    3. Food Services: Less than twelve-month Food Service employees eligible for purchased uniforms will be provided five (5) uniforms in the first year of employment and four (4) uniforms each year thereafter. Food Service employees will be provided a $75.00 stipend twice each school year paid for by Food and Nutrition Services, to be used towards the purchase of required District approved non-slip/slip resistant shoes.
  5. Uniform Orders:
    1. Ordering Uniform Tops: Eligible “Purchased Uniform” employees will be allowed to order the maximum allowed number of uniform tops allowed according to the employee job status/number of days worked regardless of any style/size cost differences. Should the employee elect notto order the maximum number of allowed tops then they will be credited with an amount equal to the number of tops not ordered multiplied by the lowest priced commonly ordered uniform top of that major department current bid (major department bids for uniforms purposes are the following three: Transportation, Food Service and all other support staff).
    2. Ordering Uniform Bottoms: Eligible “Purchased Uniform” employees will be able to order the maximum number of uniform bottoms allowed according to the employee job status/number of days worked regardless of any style/size cost differences. Should the employee elect not to order the maximum number of allowed bottoms then they will be credited with an amount equal to the number of bottoms not ordered multiplied by the lowest priced commonly ordered uniform bottom of that major department current bid (major department bids for uniforms purposes are the following three: Transportation, Food Service and all other support staff).
    3. Ordering Accessories: All orders for accessories must be approved by the employee’s immediate supervisor.
    4. Unspent Allowance: Any unspent uniform top/bottom allocation dollars can be utilized toward the purchase of additional approved accessories, additional uniform tops or additional uniform bottoms.
    5. Orders Exceeding Allowance: Additional uniforms, shoes or accessories items ordered that exceed the available allowance amount for the eligible employee must be paid for in advance of order placement.
  6. Uniform Compliance: A uniform for count compliance purposes is defined as one garment top plus one garment bottom. An eligible employee may be reimbursed a dollar amount equal to the actual cost of specified shoes, up to a maximum of one-hundred dollars ($100) if one of the following criteria is met:
    1. Vendor cannot provide required size;
    2. Medically documented reason for specified shoes.