AGREEMENT
Between The
LYNDON and BURKE TOWN SCHOOL BOARDS
And The
LYNDON AND BURKE EDUCATION SUPPORT UNIT
Of
CALEDONIA NORTH EDUCATION ASSOCIATION
For The School Years:
2010 - 2013
Table of Contents
Article Page Number
I AGREEMENT 4.
Recognition
Governing Law
Definition of term Paraeducator
Annual Period
II NEGOTIATIONS 5.
III RIGHTS OF THE EMPLOYEE 6.,7.
Resignation
Improper Acts
IV GRIEVANCE PROCEDURE 8.,9.,10.,11.
Definition
Procedure
Informal Step
Step 1 - 4
V CONDITIONS OF EMPLOYMENT 12.,13.,14.
Holidays
Worker’s Compensation
VI TEMPORARY LEAVES OF ABSENCE 15.,16.
Sick Leave
Personal Leave
Bereavement Leave
Professional Leave
Jury Duty
VII UNPAID EXTENDED LEAVES OF ABSENCE 17.
Extended Leave
VIII EMPLOYEE EVALUATION 18.,19.
IX PROFESSIONAL DEVELOPMENT 20.
Tuition Reimbursement
Workshops
X INSURANCE 21.,22.
Disability
Health
Dental
XI TRANSFERS AND REASSIGNMENTS 23.
Voluntary
Involuntary
Application
Table of Contents
Article Page Number
XII DEDUCTION FROM WAGES 24.
XIII GENERAL 25.
XIV SEVERABILITY 26.
Entire Understanding
Modification of Contract
XV REDUCTION OF FORCE 27.
XVI DURATION 28.
APPENDIX A. WAGES 2010-2013 29.,30.,31
ARTICLE I
1.1 Recognition:
The Lyndon & Burke Boards, (hereinafter known as the “Board”) recognize the Caledonia North Education Association, (hereinafter known as the “Association”) as the sole and exclusive agent for the purpose of collective bargaining, on behalf of the bargaining unit affected by this Contract which unit consists of all paraeducators employed more than fifteen (15) hours per week in the Lyndon or Burke School Districts.
1.2 Governing Law:
This Contract is entered into after negotiations pursuant to Title 21, Section 1721 through 1735 of Vermont Statutes Annotated.
1.3 Definition of term “Paraeducator”:
A Paraeducator is defined as a person employed by the Districts working with teachers or in a community based program who extends the educational experiences of the students under the guidance of a teacher, as defined by Title 16, Section 1981 (5), Vermont Statutes Annotated.
1.4 Annual Period:
The definition as used in this agreement is the calendar period July 1 through June 30.
ARTICLE II
2.1 A. The Boards and Association agree to enter into Negotiations regarding a
successor Agreement in accordance with the procedures set forth herein; a good faith effort to reach agreement concerning wages, related economic conditions of employment, procedures for processing complaints and grievances relating to employment, and any mutually agreed upon matters not in conflict with the statutes and laws of the State of Vermont. Any agreement so negotiated will be reduced to writing and signed by the Board and the aforementioned Association.
B. Not later than October 1 of the school year in which this Agreement expires, the parties shall notify each other of their intent to negotiate a successor agreement.
C. Not later than November 1 of the school year in which this successor Agreement expires, the parties shall submit to one another all initial negotiations proposals, if any, and shall enter into negotiations regarding the proposals on or before November 15 of the school year in which this Agreement expires.
ARTICLE III
3.1 The Board agrees that each Employee shall have the right to or not to join, assist, or participate in the local education association and its affiliates. It is further agreed that neither the Board nor any employee of the Board serving in any capacity, nor any other person or organization shall interfere with, restrain, coerce, or discriminate in any way against or for any Employee engaged in activities protected by Title 21, Chapter 22 VSA with respect to wages, economic conditions of employment, or employment by reason of his membership or non-membership in the Association and its affiliates, nor for participation in any of the activities of the Association deemed to be lawful in the State of Vermont.
such rights as he/she may have under Vermont State School Laws or other applicable laws and regulations. The rights granted to Employee(s) hereunder shall be deemed to be in addition to those provided elsewhere.
3.3 The Association shall have the right to use such facilities and equipment as are
normally located for Employees’ use within the school, as well as school audiovisual equipment upon appropriate request to the principal, provided that such use does not interfere with normal school operations.
official business on school property at unassigned times during work hours, provided this shall not interfere with school business.
posting of notices or its activities and matters of Association concern.
3.6 The Association may use the employee’s mailboxes for communications. Also, the
Association may use electronic mail for communications during off duty hours only.
3.7 A. Whenever any Employee is required to appear before a supervisor, the Board, or any committee with respect to a written complaint or formal charge concerning his/her employment, he/she shall be entitled to have legal counsel and/or a representative of the Association or its affiliates present to advise and represent him/her during such appearances. Employee(s) shall be given at least twenty-four (24) hours notice of any such meeting, except in the case of a complaint or charge of gross misconduct.
B. In the event of a complaint or charge of gross misconduct, the Superintendent may remove the Employee from work, with pay, prior to the meeting referenced in Section A above being held.
C. Any suspension of an Employee shall be with pay until such time as the Board either confirms or rejects the suspension of the employee.
D. Employees shall only be terminated for just cause. Such action shall be by dated written notice to the employee stating the reason(s) and date of severance. A date of severance less than ten (10) working days from date of written notice shall entitle employee to wages through severance date.
foreseeable threat to his or her health or safety.
3.9 Resignation:
An employee who concludes employment through personal choice should do so in writing a minimum of two (2) weeks prior to final date of employment. Such employee shall be entitled only to wages through final date of employment.
If an employee resigns for health reasons during the school year, the employee shall be entitled to cumulative sick leave and annual sick leave (if any).
3.10 Improper Acts:
Any employee who, while on duty during working hours, commits any violation of
the laws of the State of Vermont, or of the law of any other governmental entity, shall be subject to forfeiture of any accumulated leave to which he/she would otherwise have been entitled (if any) at the time of the commission of said violation; provided, however, that such forfeiture shall not become effective until (a) the employee has been convicted of such violation in a court of law, and/or (b) the employee has been discharged from his/her employment.
An employee discharged for actions under Improper Acts shall be entitled only to payment through date of severance.
ARTICLE IV
4.1 Definition
A. Grievance:
Any claim by the Association or an Employee that there has been a violation, misinterpretation, or misapplication of the terms of this Agreement, or a violation of his/her right to fair treatment shall be grievable.
B. Grievant:
The person, persons or Association instituting a grievance at its initial step under this Agreement.
C. Time Limits:
All the time limits consist of school days except that when a grievance is submitted on or after June 1, time limits shall consist of week days so that the matter shall be resolved before the close of school term or as soon as possible thereafter. School days for the purposes of the grievance procedure shall mean employee employment days. If a grievance is submitted after August 1 prior to the start of the school term, time limits shall consist of weekdays until paraeducator employment days start for the new term. Failure by the grievant to adhere to these procedures within the specified time periods shall render the grievance null and void.
D. Grievance Committee:
Upon selection and certification by the Association, the Boards shall recognize an Association Grievance Committee. At least one Association representative shall be present for any meetings, hearings, appeals or other proceedings relating to a grievance which is formally presented. Nothing herein contained will be construed as limiting the right of any Employee having potential grievance to discuss the matter informally with his/her supervisor and having a grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.
4.2 Failure of any administrative body to render a decision within the specified time limit will allow the grievant or the Association to advance the grievance to the next step in the Grievance Procedure. Failure of the Grievant or the Association to adhere to the time limits provided in this article shall render the grievance null and void.
4.3 Procedure:
The parties acknowledge that it is usually most desirable for an employee and his/her immediate supervisor to resolve problems through free and informal communications. When requested by the Employee, an Association representative may intervene to assist in this resolution. However, should such informal processes fail to satisfy the Employee or the Association, then a grievance may be processed as follows:
Informal Step:
Before reducing the grievance to writing the Association Member or Representative shall discuss the matter orally with the appropriate supervisor.
It is the policy of the parties and of this Agreement that the filing of grievances in writing should wherever possible be avoided in favor of informal consultations seeking resolution of the matter.
Step 1:
The grievant shall present the grievance in writing, setting forth the specific problem being grieved and the redress sought, to the immediately involved principal. The principal shall arrange for a meeting with the grievant to take place within five (5) days of his/her receipt of the grievance. The principal must provide the grievant and the Association with a written decision on the grievance within five (5) days after the meeting. Such answer shall include the reasons upon which the decision was based. No grievance shall be given formal consideration unless it is filed at Step 1 within thirty (30) days after the occurrence which gave rise to the grievance.
Step 2:
If the grievance is not resolved at Step 1, then the Association may refer the grievance in writing, indicating the reasons for dissatisfaction with the decision of Step 1 and the redress sought, to the Superintendent or his/her official designee within six (6) days after receipt of the Step 1 decision. The Superintendent shall arrange for a meeting with the grievant and Association’s Grievance Committee to take place within five (5) days of his/her receipt of the grievance. The Superintendent shall render a decision in writing, giving reasons upon which his/her decision is based. Copies of the written decision shall be given to the grievant and the Association within four (4) days of the meeting.
Step 3:
If the grievance is not resolved at Step 2, the Association may, within six (6) days of receipt of the Step 2 decision, forward the grievance to the Chairman of the School Board or his/her agent setting forth the reasons for dissatisfaction with the Step 2 decision and the redress sought. The Board shall, within ten (10) days of receipt of the appeal hold a hearing with the grievant and the Association’s Grievance Committee. Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance. Upon conclusion of the hearing, the Board shall render a decision in writing giving the reasons upon which its decision was based. The written decision shall be delivered to the grievant and the Association within five (5) days.
Step 4: Arbitration
If the Association is not satisfied with the disposition of the grievance at Step 3 then the Association may request binding arbitration in the matter. If a demand for arbitration is not filed within ten (10) days of the receipt of the Step 3 decision, then the grievance shall be deemed to have been withdrawn. Such request shall be in writing and shall be delivered in person or by registered or certified mail to
the Superintendent. The arbitrator shall be determined by mutual agreement by the Association and Board or its designated representative.
Should the parties be unable to agree upon an arbitrator, then Arbitration shall be requested from the American Arbitration Association. Decisions of the Arbitrator in matters of grievance shall be final, and shall not be subject to appeal by either party.
4.4 Neither the Board nor the Association will be permitted to assert any grounds before the Arbitrator which were not previously disclosed to the other party.
4.5 In accordance with 12 VSA §5652 (B), the Board and the Association understand that this Agreement contains an agreement to arbitrate. After signing this Agreement, the Board and the Association understand that they will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights. Instead, the parties agree to submit any such dispute to an impartial arbitrator in accordance with the provisions contained in this Article.
4.6 The Arbitrator shall have no power to alter the terms of this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursements or other remedies as he/she judges to be proper, save that the arbitrator shall not require the Board to perform any act contrary to State or Federal Statutes.
4.7 Each party shall bear the full cost for its representation in the arbitration. The costs of Arbitrator and AAA will be divided equally between the parties. Should both parties order a transcript, then the cost of the two transcripts will be divided equally between the parties.
4.8 The Board acknowledges the right of the Association’s grievance representative to participate in the processing of a grievance at any level and no Employee shall be required to discuss any grievance if the Association’s representative is not present.
4.9 Provided the Association and the Superintendent agree, Step 1 and/or Step 2 of the grievance procedure may be bypassed and the grievance brought directly to the next step. Grievances involving an Administrator above the building level may be brought by the Association.
4.10 No reprisals of a kind will be taken by the Board or the school administration against any Employee because of his/her participation in this grievance procedure.
4.11 The Board, the Administration, and the Association agree to cooperate in the investigation of any grievance and agree to furnish each other with such information as is established to be pertinent to the processing of any grievance subject to confidentiality restrictions as defined by the law.
Should the investigation or processing of any grievance require that an Employee or an Association representative be released from his/her regular assignment, he/she shall be released without loss of pay or benefits. However, no grievance shall be initiated or processed during assigned working hours, except by mutual agreement.
4.12 No documents, communications, and records dealing with the processing of a grievance will be filed in the personnel file of the participants.
4.13 A grievance may be withdrawn at any level by the grievant or the Association without establishing precedent.
4.14 Under no circumstances shall a minor child be involved in the investigation, filing, processing or hearing of any grievance by an advocate representing the Association or the Grievant unless prior written consent from a parent or a legal guardian has been filed with the office of the Superintendent at least twenty-four (24) hours in advance of such involvement provided the notice is submitted to the Superintendent’s office during regular business hours.
ARTICLE V
5.1 A. Each Employee shall be placed on the wage scale (Appendix A) in
accordance with his/her experience and education. For purposes of initial placement on the wage scale, the Superintendent shall recognize service credit. Credit will be given for college coursework (undergraduate or graduate) or the equivalent. “Equivalent” shall be defined as meeting the “No Child Left Behind” guidelines for paraeducator preparation. A step will be given for each year of experience that an individual has worked as a para educator and/or teacher in a public school setting or in a private school. Work experience will be counted on a full year or a pro-rata basis and prior employment shall be documented. Time spent as a long term substitute will count in determining years of experience. If an employee’s years of experience extend beyond the schedule; the wage increment is noted on the wage schedule by year. Applicable cumulative experience shall be rounded to the nearest whole year. A new employee shall not receive more than an existing employee with the same years of experience.
B. It shall be the paraeducator’s responsibility to apply in writing by January 1 to the Superintendent for column movement for the following school year. The paraeducator shall provide credit and degree documentation by September 1 of the following school year for column movement to take place.
5.2 Any Employee employed for 50% or more of required paraeducator days per school calendar of any school year shall be given full credit for one (1) year of service.
5.3 Employees shall be compensated on an hourly basis and paid bi-weekly per the published payroll schedule. An Employee leaving the system shall receive his/her final paychecks in one lump sum on his/her last designated payday.
5.4 The period of employment shall include days when pupils are in attendance, orientation days, professional development days per the school calendar, and any other days on which employees’ attendance is required. The Administration shall from time to time direct employees to participate in specific training. In addition, the employee may request a specific professional development day, approval of which shall be at the discretion of the Administration.
5.5 Employee(s) attendance will not be required whenever student attendance is not required due to closing of schools. If the opening of school is delayed, Employee(s) shall receive their regular per diem pay. In the event of a make-up day, the employee shall receive their regular per diem pay. If school is cancelled while in session and staff is dismissed early Employee(s) shall receive their regular per diem pay. In the event of a delayed opening, employee attendance will not be required any earlier than expected during a normal school day (example: if Employee(s) are normally required to be on site fifteen minutes before student arrival they will be expected, in a delayed opening, fifteen minutes before the students arrive).
5.6 Any Employee agreeing to work at the request of an administrator on a day
5.8 The District will reimburse all expenses incurred by an Employee at the request of an administrator while performing extra-curricular duties.
5.12 The employee shall be given a written statement, with the first pay check of
the school year, specifying the accumulated leave through the previous school year.
5.14 Job descriptions shall be developed by the Administration and employees, and approved by the School Board. All current Employee(s) covered by this Agreement and Employee(s) whose job descriptions change after hiring shall receive a copy of the job description for the position held. Said job description will include the work year for that position, an outline of duties, responsibilities, and performance expectations, and the position of the person(s) responsible for supervising and evaluating the Employee(s).
5.15 The work day for full-time Employee(s) shall be as follows:
C. One (1) scheduled duty-free fifteen (15) minute rest break per day shall be provided, as scheduled in collaboration with a supervisor.
5.16 Annual assignments will be made by the Administration based on the educational and/or emotional needs of students.
5.17 Worker’s Compensation:
A. An employee injured in the course of employment is insured by the employer through Workmen’s Compensation insurance. This is mandated by law and provides prescribed payments for medical bills, resulting disabilities and loss of wages per Vermont Workers’ Compensation statute [21 V.S.A. Chapter 9].
B. For the employee’s protection, all job related accidents and/or injuries must be immediately reported on an accident report form and submitted to the office.
C. The employer will pay an employee a regular day’s wages up to a maximum of five (5) days for necessary absence caused by a job related accident or injury.
D. If workers’ compensation coverage is denied by the carrier, the employee may use accumulated sick days (See 6.1).
ARTICLE VI
Temporary Leaves of Absence
6.1 Sick Leave:
6.2 Personal Leave:
6.3 Bereavement Leave:
A. Days may be granted for attendance at professional conferences or meetings, or school visitations, subject to the approval of the Principal, Superintendent, or Director of Special Services. Application for professional leave should be submitted at least five (5) days in advance to the principal.
B. The Association President may allocate up to five (5) days per year of paid leave to Employee(s) conducting Association business. The Association shall reimburse the District for the cost of the substitute.
6.5 Jury Duty:
An employee called for jury duty shall be excused from work as found necessary by the Court. Compensation for each day of jury duty will be at the Employee’s regular rate less the amount paid by the Court for service. The Employee shall request wage payment from the Court and provide the District with documentation of court payments, if any. The Employee shall retain all monies paid by the Court for meal and travel expenses. Employees who are dismissed in time to provide at least 50% of their remaining scheduled day are expected to return to work for the remainder of that day.
6.6 FMLA:
To the extent that the following statutory provisions are applicable to the Board, the Board shall comply with the requirements of the Federal Family and Medical Leave Act (FMLA) and the Vermont Parental and Family Leave Act (PFLA). Whenever an Employee is entitled to and/or granted paid or unpaid leave, at the Employee’s option, sick leave or family leave pursuant to the terms of the Agreement, and the employee is also entitled to leave pursuant to the FMLA and/or PFLA for the same occurrence, both the leave provided pursuant to the Agreement and that which is provided pursuant to the FMLA and/or PFLA will be provided concurrently. Consistent with the terms of this Agreement, an employee may elect to use paid leave other than sick leave or family leave during any period of leave provided pursuant to the FMLA and/or PFLA.
6.7 All other temporary leaves of absence shall be granted at the discretion of the Superintendent or designee.
ARTICLE VII
Unpaid Extended Leaves of Absence
7.1 Extended Leave:
A. Upon the birth or adoption of a child, long term illness of self or an immediate family member; an Employee may elect to take an unpaid leave of absence up to the duration of the current school year provided he/she notifies the Superintendent in writing at least thirty (30) calendar days prior to the date the leave is to commence, except in the case of an emergency. Employee’s immediate family will be determined as the employee’s spouse or civil union partner or domestic partner and both of their grandparents, parents, siblings, children, stepchildren, foster children, wards, and grandchildren.
This leave shall run concurrently with any leave to which the employee is entitled under the Family Medical Leave Act and/or the Parental and Family Leave Act.
B. An unpaid leave of absence shall be granted to an Employee for such time that he/she is called to military service.
C. All benefits to which an Employee was entitled at the time such leave of absence commenced, shall be restored upon his/her return from such leave, and he/she shall be assigned to the same position, if available, which he/she held at the time the leave commenced, or if not, to a substantially equivalent position.
ARTICLE VIII
8.1 All monitoring or observation of the work performance of an Employee will be conducted openly with full knowledge of the Employee, and in a professionally responsible manner. When formally evaluating the Employee, the supervisor shall inform the Employee either prior to or at the time of the monitoring that he/she is being observed. This does not preclude the usual “walk through” observations made by the administration.
8.2 The evaluation of paraeducators is important to the district as well as to the individual since the purpose is to improve services provided.
8.3 Each Paraeducator will be formally evaluated per the paraeducator evaluation plan for the school.
8.4 Paraeducators shall be given a copy of his/her evaluation report within ten (10) school days and shall be required to attend a meeting with his/her supervisor to discuss the report. At the paraeducator’s option, a representative of the Association may accompany the employee at said meeting. No such report shall be submitted to the central office without prior meeting with the Paraeducator. No Paraeducator shall be required to sign a blank or incomplete evaluation form. All written evaluations shall be signed by the Paraeducator and the evaluator. The Employee’s signature does not necessarily indicate agreement with the content.
8.5 No material derogatory to a Paraeducator’s conduct, service or character will be placed in the personnel file unless the Paraeducator has had an opportunity to review the material. The Paraeducator shall acknowledge that she/he has had the opportunity to review such material by signing the copy to be filed, with the express understanding that such signature in no way indicates agreement with the content. The Paraeducator will have the right to submit a written statement to such material and the statement will be reviewed by the Superintendent or
his/her designee and attached to the filed copy.
8.6 Material more than six (6) years old that is not currently valid shall not be used for evaluation purposes.
8.7 Employee(s) have the right, upon request, to review the contents of their personnel files and to receive a copy of such contents. An Employee will be entitled to have a representative of the Association accompany him/her during such review.
8.8 Any written complaint regarding an Employee made to any member of the Administration by any parent, student or other person which is used in any manner in evaluating an Employee will be promptly investigated and called to the attention of the Employee. The Employee will be given an opportunity to respond to and/or rebut such complaint to the administration. A copy of the Paraeducator’s rebuttal shall be placed in the employee’s personnel file.
8.9 No Employee shall have his/her contract non-renewed or be disciplined, reduced in rank or compensation, or dismissed without just cause.
8.10 Employee(s) new to the District will serve a probationary period of sixty (60) school days. The probationary period will include the following conditions:
A. Two paid mandatory orientation days with the Administration at which time the Employee will be briefed on all requirements of his/her assignments, as well as on the evaluation procedure that will be used by the Administration. An Employee may be terminated at any time during the initial sixty (60) school day period and this action shall not be subject to the grievance procedure.
B. The probationary period may be extended to include an additional sixty (60) school days if the Employee has received an evaluation by the administration which states that the Employee has not met the District’s standards. For the purpose of this article, evaluation shall mean that the employee has been observed at least once by the administrator and the administrator has tendered a document to the Employee which states the area(s) in which the employee is deficient and ways to improve performance. The substance of this evaluation may not be subject to the grievance procedure.
ARTICLE IX
Professional Development
9.1 Tuition Reimbursement:
The Board shall encourage Employees to pursue educational opportunities which enhance their performance as Employees. The Board will pay an Employee’s full-time tuition costs in advance for a course or program of education, subject to the following:
9.3 Workshops:
Expenses for workshops, lodging, registration fees, etc are not considered a tuition benefit. Any of these costs may only be preapproved in writing by the Principal/Superintendent.
ARTICLE X
INSURANCE
10.1Disability Insurance:
A. Short Term Disability Insurance
For Burke employees only: The District shall arrange for, and all employees shall pay for, short-term disability insurance. Employees’ contributions shall be deducted from wages. Employees newly hired to the District must comply with the plan’s pre-existing illness limitations prior to establishing eligibility. Enrollment eligibility shall be according to the insurance carrier’s requirements.
The District shall provide a Long Term Disability Insurance plan. The plan shall provide coverage at two thirds (2/3) of the employee’s salary effective upon the 60th day of illness for each occurrence of illness until such time as the employee is able to return to his/her own occupation. The plan shall also include a cost of living rider. Employees newly hired to the school district must comply with the plan’s pre-existing illness limitations prior to establishing eligibility. Enrollment eligibility and qualification to receive payments from the plan shall be according to the insurance carrier’s requirements.
Disability benefits become effective on the first of the month following the employee’s first work day.
10.2 Health Insurance:
Employees may receive the district’s VEHI health insurance plan under the following conditions:
A. The employee has completed one (1) full year of service (from seniority date) at a minimum of 6 hours per day.
B. The employee has notified the Superintendent, in writing, by December 15th of the intent to access the health insurance benefit beginning on July 1 of the next contract year or the first of the month after their full year of service, whichever is later.
C. The district contribution is capped at $4,125 for 2009-2010, $4,250 for 2010-2011, $4,500 for 2011-2012 and $4,750 for 2012-2013 and the balance of the premium is paid by the employee. The district contribution is for coverage from July 1 to June 30 each year. This contribution will be prorated for a partial year. If an employee receives health coverage for July and August and then does not return for that school year, he/she will reimburse the district for the full amount of coverage provided.
D. The VEHI health plan is stated as the current health insurance of the teachers of the district. If the health insurance carrier for the teachers is changed, the carrier for this benefit will also change.
10.3 Dental Insurance:
The Board shall contribute $5 monthly starting in 2010-2011, $10 monthly in 2011-2012, and $15 monthly in 2012-2013 for each employee who enrolls in the district VEHI Dental Insurance Plan, No Orthodontic Coverage. The employee may enroll in the single, two person or family membership with the full additional cost paid by the employee.
11.1 Voluntary:
11.2 Involuntary
A. No vacancy shall be filled by means of involuntary transfer or reassignment if there is a qualified voluntary transfer available to fill said position.
B. Notice of an involuntary transfer or reassignment shall be given to Employee(s) as soon as practicable, and except in cases of emergency not later than June 1.
C. An involuntary transfer or reassignment shall be made only after a meeting between the Employee involved and their supervisor (other than a classroom teacher) at which time the Employee shall be notified of the reason. An involuntary transfer or reassignment may be appealed to the Superintendent of Schools. The Superintendent’s decision is not grievable`.
11.3 Application
12.3 By October 1, the Association shall provide a list of Association members and non-members and the amount of dues and fees that need to be collected from each. Beginning no later than the second payroll period thereafter, the Board shall deduct in approximately equal installments the amounts due over the balance of the school year. All members must individually and voluntarily authorize the Board to make any of the deductions identified in this article.
13.1 The Board and the Association agree that there will be no discrimination in the
hiring, training, assignment, promotion, transfer or discipline of Employee(s) or in application or administration of this Agreement or any other rule, regulation or policy relating to the terms and conditions of employment on the basis of race, creed, color, religion, national origin, sex, sexual orientation, domicile or marital status.
14.1 If any provision of the Agreement or any application thereof to any Employee
or group of Employee(s) is held to be contrary to law, then such provision or application will not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.
14.2 Entire Understanding:
This Contract is a complete agreement between the contracting parties covering all matters which were the subject of negotiations. All matters not dealt with herein shall be treated as having been brought up and disposed of and neither the Board nor the Association shall be under any obligation to discuss with the other party any modifications or additions to this contract which are to be effective during the term of this contract, except as may be herein provided for.
14.3 Modification of Contract:
15.5 Any Employee laid off or reduced will retain the right of first refusal for a period of one (1) year following the first actual date of employment for which the Employee was laid off. Recall notice stating recall rights shall be sent by registered mail to the Employee’s last known mailing address. Said Employee(s) must respond within seven (7) calendar days from receipt of said notice or waive their recall rights under this Agreement.
15.6 In the event that a student requires urgent care, the District and the Association agree to shorten the time frame of response from the date of notification to three (3) working days after notification, and the notification will state that time frame.
|
APPENDIX A
|
|
2009-2010
|
|
BURKE
|
LYNDON
|
|
|
|
AS
|
|
|
|
AS
|
|
|
Years
|
HQ
|
HQ+60
|
BA/BS
|
Years
|
HQ
|
HQ+60
|
BA/BS
|
|
1
|
9.65
|
10.75
|
12.06
|
1
|
9.58
|
10.94
|
12.60
|
|
2
|
9.90
|
10.97
|
12.22
|
2
|
9.77
|
11.10
|
12.76
|
|
3
|
10.15
|
11.19
|
12.38
|
3
|
9.96
|
11.26
|
12.92
|
|
4
|
10.40
|
11.41
|
12.54
|
4
|
10.15
|
11.42
|
13.08
|
|
5
|
10.65
|
11.65
|
12.70
|
5
|
10.34
|
11.60
|
13.24
|
|
6
|
10.90
|
11.90
|
12.86
|
6
|
10.53
|
11.79
|
13.40
|
|
7
|
11.15
|
12.15
|
13.02
|
7
|
10.72
|
11.98
|
13.56
|
|
8
|
11.40
|
12.40
|
13.18
|
8
|
10.91
|
12.17
|
13.72
|
|
9
|
11.65
|
12.65
|
13.34
|
9
|
11.10
|
12.36
|
13.88
|
|
10
|
11.90
|
12.90
|
13.50
|
10
|
11.29
|
12.55
|
14.04
|
|
11
|
12.10
|
13.10
|
13.66
|
11
|
11.46
|
12.73
|
14.20
|
|
12
|
12.30
|
13.30
|
13.82
|
12
|
11.63
|
12.90
|
14.36
|
|
13
|
12.50
|
13.50
|
13.98
|
13
|
11.81
|
13.07
|
14.52
|
|
14
|
12.70
|
13.70
|
14.14
|
14
|
11.98
|
13.25
|
14.68
|
|
15
|
12.90
|
13.90
|
14.30
|
15
|
12.15
|
13.42
|
14.84
|
|
MINIMUM $.37 BEYOND SCHEDULE $.40
|
|
2010-2011
|
|
BURKE
|
LYNDON
|
|
|
|
AS
|
|
|
|
AS
|
|
|
Years
|
HQ
|
HQ+60
|
BA/BS
|
Years
|
HQ
|
HQ+60
|
BA/BS
|
|
1
|
9.85
|
11.04
|
12.53
|
1
|
9.81
|
11.14
|
12.80
|
|
2
|
10.10
|
11.23
|
12.69
|
2
|
10.03
|
11.30
|
12.96
|
|
3
|
10.35
|
11.42
|
12.85
|
3
|
10.25
|
11.46
|
13.12
|
|
4
|
10.60
|
11.61
|
13.01
|
4
|
10.47
|
11.62
|
13.28
|
|
5
|
10.85
|
11.85
|
13.17
|
5
|
10.69
|
11.83
|
13.44
|
|
6
|
11.10
|
12.10
|
13.33
|
6
|
10.91
|
12.05
|
13.60
|
|
7
|
11.35
|
12.35
|
13.49
|
7
|
11.13
|
12.27
|
13.76
|
|
8
|
11.60
|
12.60
|
13.65
|
8
|
11.35
|
12.49
|
13.92
|
|
9
|
11.85
|
12.85
|
13.81
|
9
|
11.57
|
12.71
|
14.08
|
|
10
|
12.10
|
13.10
|
13.97
|
10
|
11.79
|
12.93
|
14.24
|
|
11
|
12.30
|
13.30
|
14.13
|
11
|
11.98
|
13.11
|
14.40
|
|
12
|
12.50
|
13.50
|
14.29
|
12
|
12.17
|
13.30
|
14.56
|
|
13
|
12.70
|
13.70
|
14.45
|
13
|
12.35
|
13.49
|
14.72
|
|
14
|
12.90
|
13.90
|
14.61
|
14
|
12.54
|
13.67
|
14.88
|
|
15
|
13.10
|
14.10
|
14.77
|
15
|
12.73
|
13.86
|
15.04
|
|
MINIMUM $.37 BEYOND SCHEDULE $.45
|
|
|
|
|
2011-2012
|
2012-2013
|
|
|
|
AS
|
|
|
|
AS
|
|
|
Years
|
HQ
|
HQ+60
|
BA/BS
|
Years
|
HQ
|
HQ+60
|
BA/BS
|
|
1
|
10.10
|
11.39
|
13.05
|
1
|
10.35
|
11.64
|
13.30
|
|
2
|
10.35
|
11.55
|
13.21
|
2
|
10.60
|
11.80
|
13.46
|
|
3
|
10.60
|
11.71
|
13.37
|
3
|
10.85
|
11.96
|
13.62
|
|
4
|
10.85
|
11.87
|
13.53
|
4
|
11.10
|
12.12
|
13.78
|
|
5
|
11.10
|
12.10
|
13.69
|
5
|
11.35
|
12.35
|
13.94
|
|
6
|
11.35
|
12.35
|
13.85
|
6
|
11.60
|
12.60
|
14.10
|
|
7
|
11.60
|
12.60
|
14.01
|
7
|
11.85
|
12.85
|
14.26
|
|
8
|
11.85
|
12.85
|
14.17
|
8
|
12.10
|
13.10
|
14.42
|
|
9
|
12.10
|
13.10
|
14.33
|
9
|
12.35
|
13.35
|
14.58
|
|
10
|
12.35
|
13.35
|
14.49
|
10
|
12.60
|
13.60
|
14.74
|
|
11
|
12.55
|
13.55
|
14.65
|
11
|
12.80
|
13.80
|
14.90
|
|
12
|
12.75
|
13.75
|
14.81
|
12
|
13.00
|
14.00
|
15.06
|
|
13
|
12.95
|
13.95
|
14.97
|
13
|
13.20
|
14.20
|
15.22
|
|
14
|
13.15
|
14.15
|
15.13
|
14
|
13.40
|
14.40
|
15.38
|
|
15
|
13.35
|
14.35
|
15.29
|
15
|
13.60
|
14.60
|
15.54
|
|
MINIMUM $.37 BEYOND SCHEDULE $.50
|