WORKING AGREEMENT BETWEEN THE MADISON COMMUNITY UNIT SCHOOL DISTRICT #12 BOARD OF EDUCATION. and THE MADISON FEDERATION OF TEACHERS,

Transcription

1 WORKING AGREEMENT BETWEEN THE MADISON COMMUNITY UNIT SCHOOL DISTRICT #12 BOARD OF EDUCATION and THE MADISON FEDERATION OF TEACHERS, LOCAL 763, AFT/IFT, AFL-CIO 2012/ /2014

2 This copy of your Working Agreement brought to you as a service of the MADISON FEDERATION OF TEACHERS Local #763 IFT/AFT, AFL-CIO

3 TABLE OF CONTENTS Agreement... 1 Preamble... 1 Article I - Recognition... 1 Article II - General Conditions... 2 Article III - Union Rights... 4 Article IV - Insurance... 5 Article V - School Year... 6 Article VI - Conditions Applicable to All Teachers... 6 Article VII - Leaves Article VIII - Bargaining Article IX - Grievance Article X Salary Schedule Article XI Seniority and Recall Article XII No Strike/Bargaining Guarantees Article XIII Fair Share Signature Page Salary Schedules... 21

4 AGREEMENT This is a legally constituted working agreement and contract that is equally binding on Madison Community Unit No. 12 and its agents and on the American Federation of Teachers, Local No. 763; its agents and members. This agreement constitutes the entire agreement between the parties subject only to modification or repeal of any provisions by the Illinois School Code, and in that event, the Illinois School Code shall prevail and be complied with. This agreement shall be in full force and effect from the first day of the school year and shall expire one day prior to the first day of school for school year PREAMBLE The Board recognizes that the Madison Federation of Teachers, hereafter referred to as the Union, represents professional teachers, and that both the Board and the teachers represented have as their primary interest, the welfare of students, quality education and professional status. It is recognized that the Board, pursuant to the authority and responsibilities vested in it by the State of Illinois, must retain the right effectively to conduct a responsible and efficient school system for School District No. 12, which at all times recognizes as paramount the interests of the students, herein. No provision in the contract shall deprive any teacher of any rights under existing law. It is the intention of this agreement to provide an effective and continued means of communication between the teachers and the Board and Administration, as well as to provide for the salary structure, fringe benefits and employment conditions of the teachers. It is hoped that through this agreement that significant contributions may be made in the area of students welfare and overall educational excellence. This agreement is made by and between the Board of Education of District No. 12 (herein called the Board) and the Madison Federation of Teachers (herein called the Union). This agreement shall be binding upon both parties and their respective successors. The parties hereto agree with each other as follows: ARTICLE I - RECOGNITION 1. The Union shall act as the bargaining agent for all regularly employed full-time and part-time certified personnel, assistant cooks, head cooks, security officers and teacher aides (paraprofessionals) and excludes all administrative positions, athletic director, confidential, managerial, supervisory, short-term and all other educational support personnel positions not specifically identified as a position included in the union. The Union is hereby recognized by the Madison School District No. 12 as the exclusive bargaining representative for these employees in said Unit. 2. The Board and/or Union shall take no action, in violation of, or inconsistent with, any provision of this agreement. 1

5 3. The Board agrees that it and its representatives will not form any policy affecting basic working conditions, salary, or fringe benefits of teachers without prior negotiations with the Madison Federation of Teachers. ARTICLE II - GENERAL CONDITIONS 1. There shall be no discrimination against teachers on the basis of their organizational affiliation in the evaluation of their services or their qualifications for re-appointment or promotion. 2. The Board agrees to a policy of not discriminating against any person on the basis of race, color, national origin, gender or marital status. a. The Board may employ members of the same family. b. The Union, in accordance with its Constitution, will continue to admit persons to membership without discrimination on the basis of race, creed, color, national origin, gender or marital status. c. Establishment of total integration of faculty and students in accordance with Illinois School Code. 3. The principal of each school shall meet at least once a month or as needed by mutual agreement with the Union Building Representatives and other delegates at his/her request to discuss school operations and questions relating to the implementation of this agreement. 4. The Superintendent or his/her designated representative shall meet with representatives of the Union to discuss matters of educational policy and development as well as matters relating to the implementation of this agreement at the request of the Union or the Superintendent. 5. If any provision of this agreement is subsequently declared by the proper legislative or judicial authority to be unlawful, unenforceable, or not in accordance with the minimum standard of the Illinois School Code, it shall be declared void, but all other provisions of this agreement shall remain in full force and effect for the duration of this agreement. 6. A discipline advisory committee shall be formed in each building. The members of the committees shall be teachers selected by the Principals, or their assistants. This committee shall have Union representation. 7. Pre-school and in-school institutes and other such proceedings shall be planned in consultation with Union representation as approved by the County Superintendent of Schools. 8. The Madison School District No. 12 shall not employ or keep in their employ, a contractual teacher who is employed by another business, contractor, merchant, corporation, etc., on a full shift basis during the period of time an individual is employed by and working for the Board of Education. 9. The Board shall cooperate with local area colleges and universities for an extension of inservice training with the colleges whereby such course work will be recognized for the purposes of teacher certification and advanced degrees. 2

6 10. All elementary classroom teachers shall have at least one thirty-minute preparation period per day. 11. The Board of Education will make every effort to establish a class size goal of 25. The parties agree that the term every effort shall mean that when a class size is exceeded, the District will distribute the students equitably among class sections. 12. The Board of Education will make every effort to establish a physical education class size goal of 25 pupils. The parties agree that the term every effort shall mean that when a class size is exceeded, the District will distribute the students equitably among class sections. 13. Teachers employed as substitutes for thirty (30) consecutive teaching days in which they fulfill the same duties as the probationary or tenure teacher shall receive thereafter not less than the salary of a teacher on the first step of the salary schedule in the bachelor s degree column. 14. The School District will employ as many physical education, art and ISSC instructors as is economically feasible; however, for the present, each school may develop schedules with the goal of providing P.E. instruction. 15. Each school building shall be provided with: a. a clean, attractive, comfortable teachers lounge. b. a bulletin board. c. a ceiling fan for rooms without air-conditioning when economically feasible, adequate fans will be provided in the interim. d. emergency lighting in Middle School Classrooms (battery powered). e. access to a telephone in a private area for calls to parents. 16. All special education services for the Madison Community Unit School District No. 12 are coordinated, supervised, and provided direction by the Madison County Region I Special Education Co-Op Program. 17. Copies of the Contract will be professionally printed and distributed to all teachers, supervisory personnel, and Board Members. The expense of printing will be shared equally by the Board and the Union. 18. No officer or employee of the schools shall enter into any formal or informal agreement, oral or written, with the Board, officers, or employees or any other school district that will have the effect of hindering or discouraging teachers of this school district from seeking employment in another school district or teachers of another school district from seeking employment in this school district, and any such existing agreement is null and void. This provision specifically prohibits and voids an agreement between superintendents not to interview or consider for employment individuals who are presently employed in the district of another. 3

7 19. Work Day: High School teachers shall be required to report to work thirty (30) minutes before students arrive and may not leave work until thirty (30) minutes after students depart. Changes in a teacher s daily schedule will be allowed as follows: a. Teachers will arrive ten (10) minutes prior to the students when the snow schedule is in effect. 20. No teacher will be requested or required to be placed in charge of a building in the absence of an administrator. 21. A maximum of three (3) days per year per employee to attend workshops or conferences upon administrative approval will be permitted. If preapproved, a quarter (.25) hour credit will be given for each day of conference or workshop attendance. 22. The Board agrees to develop, with the Union, a disaster plan for the District. 23. Distribution of supplies shall be as follows: a. Supplies ordered shall be distributed upon arrival. b. Previously ordered items, not available may be reordered. c. Master for Math, Spelling and English shall be replaced with current materials. d. The budget for supplies shall be increased as funds are available. ARTICLE III - UNION RIGHTS 1. Whenever meetings of the bargaining unit are mutually scheduled by the Board and Union during working hours in conferences, meetings, or in negotiations, there shall be no loss in pay. 2. The Union shall have a place on the agenda of regular Board meetings. 3. The Union President and Vice President will be furnished a copy of the agenda via of every regular and special meeting of the Board no later than 48 hours prior to said meeting. The Union will be furnished a copy of said open session minutes of every Board meeting following said Board meeting as soon as said minutes become available to the public. 4. The Union President shall have upon request and when available, information concerning the financial condition of the schools, including annual financial statement, monthly statement, monthly statement of position, tentative budget, adopted budget, revenue projections, and notice of all revenues not otherwise reported. 5. The school mailboxes and inter-school mail service may be used to facilitate the dissemination of written materials. 6. Union dues will be deducted for a period of nine (9) months. First deduction from paycheck will be made in the second paycheck in September and each month thereafter. The Union will certify to the District the amount of the deduction on or before September 1 of each school year. 4

8 Deductions of dues shall continue on an annual basis unless the District and the Union receives a certified letter from an individual that the payroll deduction of dues shall be discontinued. 7. The Union executive committee shall be consulted in the filling of vacancies in the positions of principalships where possible and practical. (The appointment of administrative and supervisory personnel is specifically the prerogative of the Board of Education and the Administration. It is a duty that cannot be delegated by law.) 8. The Union may hold meetings after school hours in any district building by prior arrangement with the building principal. The Union president may, if occasionally necessary, request early release for elementary teachers for union meetings after the buses have left the building. The request to the Superintendent should be made at least three days in advance. 9. No member of the teaching staff except a Union designee shall add to or remove Union material from the bulletin board in the teachers lounge. Notices must be of the following type: a. Announcement of Union meetings. b. Announcements pertaining to the election and/or appointment of officers and results of elections. c. Announcements of social, educational and recreational affairs. d. Notices not falling in the above categories must have the approval of the Superintendent of Schools. 10. The Principal of each building shall request volunteer teachers to establish a committee to evaluate instructional materials and make text book recommendations. These committees shall include at least one Union member. The Committee shall make a written recommendation to the Principal. The Principal will forward the recommendation with his/her own comments to the Superintendent. The Superintendent and/or Board of Education will make a final decision. The Principal will notify the committee of the final decision. a. Textbooks recommended by the committee must be submitted to the Superintendent by the Curriculum Director before they may be presented to the Board of Education for adoption. ARTICLE IV - INSURANCE 1. For each eligible employee who desires to participate, the Board shall contribute 100% toward a group health plan for single coverage for the Fiscal Year (July 1, 2005 June 30, 2006). Any single premium increases above the single premium rate will be shared equally by the Board and teachers (50/50). For example, if the single monthly premium increases $10.00 per month for the Fiscal Year, the Board and teacher will each pay $5.00 per month to cover that rate increase. In addition to the Board s contribution toward single coverage, the Board will pay a maximum of $75.00 per month toward a teacher s family 5

9 insurance plan, but the Board shall increase its monthly contribution for family coverage from $75 per month to $80 per month starting the first full month after the Board and Union ratify the new contract and the increase shall not be retroactive. 2. If acceptable to the insurance carrier, employees may apply for the insurance at any time during the year. 3. As per IRC Section 125, the Board of Education will deduct the amount of the monthly premium amount from each individual teacher s check on a pre-tax basis. The annual amount paid by the individual shall not be included in the amount reported by the district for tax purposes. ARTICLE V - SCHOOL YEAR 1. The Superintendent will provide the Union President a copy of the proposed school calendar fourteen (14) days prior to the scheduled presentation to the Board for adoption. The Union will appoint a committee of five (5) teachers to review the draft calendar. The committee shall forward its recommendations to the Superintendent no later than five (5) days prior to the scheduled presentation to the Board. The Superintendent will forward the committee s recommendation to the Board. Prior to the Board adopting the final school calendar, the Board shall consider the Union s committee recommendations. ARTICLE VI - CONDITIONS APPLICABLE TO ALL TEACHERS 1. a. No teacher shall receive a reduction in salary from the previous year as a result of a change in the Salary Schedule. b. EXPERIENCE CREDIT: Teachers will be allowed full experience credit on the salary schedule for the first ten (10) years of teaching experience credit, which shall be defined as years of full time teaching in the Illinois TRS system or other state retirement system and/or teaching experience in a private school that is accredited. Teaching experience credit shall include both years of experience and the level of educational credit. Employees called to active military service after starting employment in the district will continue to receive experience credit on the salary schedule for each full year of military service, up to a maximum of four years. However, the military service shall not count toward years of teaching service required for tenured status. Half-credits for teaching or for military service shall not be granted as teaching experience on the salary schedule. Teachers shall submit evidence of their teaching experience and level of education as soon as possible after the Board takes action to hire him/her, but such evidence (which means official college transcripts and written confirmation from prior employers verifying years of teaching service or, for Illinois public teaching service the employee may submit a report from the Illinois Teachers Retirement System) must be submitted no later than 45 calendar days after the teacher s first day of work. No credit for prior teaching or education credit shall be awarded for salary placement purposes if the teacher fails to submit the evidence on or before the 45 th calendar day after the first workday. Teachers will be placed on the salary schedule at BA, Step 1 until the teacher submits evidence of their teaching experience and level of education and shall be permanently placed at BA, Step 1 if no evidence is submitted on or before the 45 th calendar day after the first workday. However, if the teacher submits the evidence within the 45 day time limit, the teacher will be placed on the salary schedule at the appropriate step and education level 6

10 retroactive to the first workday. The Superintendent shall provide the Union with a list of newly hired bargaining unit members, their placement on the salary schedule and their assignment within five days following their appointment by the Board of Education. c. Teachers must file an official transcript of proof of degree and schedule a meeting with Superintendent of Schools or his representative before October 1 for a transcript review to receive full credit on the salary schedule for the year in question and a transcript review 30 days before March 1 for half credit. Credit for advancement on the salary schedule must be from a National Council for Accreditation of Teacher Education (NCATE) or North Central Accreditation (NCA) recognized institution. Teachers will be given credit for a Masters Degree or 30 hours beyond a Masters Degree (all hours earned after a Masters Degree has been completed) when those hours are completed within a format that this minimal time sequence will allow: Maximum of 12 quarter hours or 8 semester hours during the school year. Maximum of 20 quarter hours or 12 semester hours during the summer. An exception will be handled on an individual basis with the Superintendent. (ex. Special programs allowing for in-service credit during the school day.) Beginning with the school year, salary schedules shall include the establishment of a Bachelor +15 lane that is the mid-point between the Bachelor and Masters for each step and a Masters + 15 lane that is the mid-point between the Masters and Masters + 30 for each step. Bargaining unit members that qualify for placement on the newly established lanes shall be placed on the appropriate lane and step effective beginning with the school year. Hours used to determine placement shall improve instruction. It is understood that payment for a Masters in Administration will continue as in the past. d. If any emergency leave results in remuneration for a teacher, an accounting of such remuneration is to be made by the teacher and the amount deducted from the salary paid the teacher by the school district. e. All unexcused absences will result in deduction for each day in an amount equal to one part of the number of teaching days in the work year, i.e. 1/180 for each day f. The District will budget $18,000 each school year for the payment of tuition. Payment of tuition shall be based upon the current tuition of the nearest Illinois state university and based on 3 semester hours. The teacher shall be limited to one college course per quarter or per semester except during the summer. Tuition reimbursement shall be given for undergraduate hours, when working toward certification in another teaching area. g. Reimbursement to teachers for approved purchases not available through requisitions shall include special education teachers. 2. The adjustment of student behavioral problems is the joint responsibility of teachers and administrators. Upon request by the teacher, or when deemed advisable by the principal, a conference may be scheduled with the parents, principal and teacher. 7

11 3. The Superintendent or his/her designee may schedule one faculty meeting per month not to exceed one hour in duration or two thirty (30) minute faculty meetings per month, which meetings will be scheduled after the regular workday. Teachers that report to work on the day of the scheduled meeting shall attend the meeting and will be compensated at the rate of $27.00 per hour or portion thereof if the meeting is less than one hour. Faculty meetings under this provision do not include ASP meetings or other meetings that teachers attend and receive compensation. 4. Teachers, having administrative approval, shall have the support, encouragement, and assistance of supervisors in methodological and in organizational experimentation. 5. Teachers shall have academic freedom in carrying out the instructional program of the school district so long as it is consistent with the overall philosophy of the district. 6. Teachers shall have full discretion in the use of their entire lunch period. Teachers shall be free to leave the school building at that time. Leaving at other times requires the approval of the building administrator. 7. Changes in teaching conditions shall be coordinated within a building only after the conditions have been reported, discussed with the principal and the Superintendent s Office duly notified of said changes. 8. All teaching and administrative job opportunities, not otherwise required to be filled pursuant to reduction in force recall procedures, including, but not limited to, remedial specialists, and those in federal programs, shall be listed by job title, salary, and qualifications and be made available to District No. 12 certified personnel before or at the same time as they are advertised to the public. In order to maintain continuity of services, positions that may occur after the school year has begun may be filled on a temporary basis and posted for internal application on May 1 st for the next school year. 9. The District will comply with the Illinois School Code when filling certified teaching vacancies. Sec New or vacant teaching positions. A school district s selection of a candidate for a new or vacant teaching position not otherwise required to be filled pursuant to Section of this Code must be based upon the consideration of factors that include without limitation certifications, qualifications, merit and ability (including performance evaluations, if available), and relevant experience, provided that the length of continuing service with the school district must not be considered as a factor, unless all other factors are determined by the school district to be equal. A school district s decision to select a particular candidate to fill a new or vacant position is not subject to review under grievance resolution procedures adopted pursuant to subsection (c) of Section 10 of the Illinois Educational Labor Relations Act, provided that, in making such a decision, the district does not fail to adhere to procedural requirements in a collective bargaining agreement relating to the filling of new or vacant teaching positions 10. No teacher shall be assigned duties that are principally custodial in nature. 11. No person shall secretly observe, listen to, or record classroom proceedings or other proceedings or other activities conducted with students or other persons by a teacher either in person, by photographic, or mechanical means. 8

12 12. No material, except that which comes from the university, or recommendations from past employers, shall be placed in a teacher s personnel file without the teacher s knowledge of said material, and the teacher shall have the right to answer this material with said answers attached to the file copy. The teacher s material in the teacher s personnel folder is confidential material and shall be treated as same. 13. Teachers will be notified of their teacher assignments no later than July 1; in cases of emergency, the teachers may be reassigned at a later time after consultation with the teachers, principal and superintendent. Notification shall be made to the teacher by mail within three (3) days after a reassignment has been made. 14. Pay day will be every other Friday. a. Employees shall elect to receive their salary over 9 or 12 months. Teachers that have made prior elections shall make a new election before the last teacher workday of each school year. Newly employed teachers shall make an election when completing their new employee forms in the business office. The employee s election is irrevocable for that school year. An employee that fails to make an election will be paid over 12 months. Employees whose employment is terminated, voluntarily or involuntarily, shall be paid their final salary in accordance with the Illinois School Code. b. Beginning with the school year, bargaining unit members shall have the option of receiving their salary by direct deposit. The District shall provide a form whereby members are able to indicate the method of salary payment. 15. Contracts for non-tenure teachers shall be distributed not later than the last day of school. 16. No penalty shall be placed on a teacher holding his contract until the latest date established by the school code. 17. Every teacher shall have the right to two days notice of a conference with a supervisor or administrator in which a charge of failure to comply with regulations, to discharge duties acceptable, or to conduct instruction acceptable, when said complaint shall be made. Such notice shall indicate the nature of the charge or charges to be made. Every teacher shall have the right to be accompanied by a union representative at such conference and shall receive a signed summary of the conference from the supervisor or administrator concerned within two days after the conference. 18. When inadequacies in a teacher s service are observed, the administration will duly notify the teacher and proceed as outlined in the provisions of the School Code. Every teacher shall have the full assistance and support of supervisors and administrators in improving his service. 19. Teachers will not be assigned to teach during their planning period, or required to fill in for a teacher who is absent, unless the Administrator is unable to secure a substitute teacher or volunteer teacher to fill in for a teacher who is absent. If no substitute teacher or volunteer teacher can be secured, then the Administrator may involuntarily assign the duty to teachers, on a rotating schedule within the grade level in which the class needs covered. 9

13 a. A teacher who volunteers or is involuntarily assigned by an administrator to teach or monitor a class during his/her planning period will be paid at the rate of $27.00 per hour starting after the Board and Union both ratify the new contract and the new hourly rate shall not be retroactive. b. An elementary teacher who agrees to take a class will be compensated at the above hourly rates. The hourly rate shall be pro-rated based on the number of students taken from a specific class and pro-rated if performed for less than one hour. c. If one teacher is absent from a co-taught classroom, the one teacher present in the cotaught classroom is not eligible for additional compensation under this provision. d. The principal will develop a rotating schedule that provides for each available elementary teacher to share in the supervision of the playground and halls during the noon period. During inclement weather all duty assignments will be hall duty. 20. Any changes in working conditions or conditions of employment which directly affect teachers shall not be changed without prior consultation between the Board of Education and the Union. 21. Credit Union savings shall be deducted from the teacher s pay check when authorized by the teacher. 22. Proper teacher identification shall serve as a pass to all Unit 12 school sponsored events. 23. A tax-sheltered annuity program of the teacher s choice from among those the school district has so designated shall be available to all teachers. 24. a. The Superintendent shall schedule two Parent-Teacher Conferences. Parent-Teacher Conferences may be scheduled during the workday and outside the workday. Teachers shall be required to attend any scheduled Parent-Teacher Conference without additional compensation. Teachers will only be excused from Open House to attend university classes from which they cannot be excused. Teachers will have to notify the Principal. b. The Superintendent shall schedule an evening open house during the first two weeks of each school year. Teachers shall be required to attend the scheduled open house without additional compensation. Evening open house will be scheduled on a building basis. c. Teachers are encouraged to attend and participate in their school graduation programs as requested. 25. The teacher work day on parent/teacher conference days held during the school year will be scheduled on Thursdays and Fridays. A three hour parent/teacher conference will be scheduled on Thursday at a time after the teachers are released one hour before the end of the normal workday. The building administrator will schedule a one (1) hour break for the teachers after students are dismissed on that Thursday. A three hour parent/teacher conference will be scheduled the next day (Friday) from 9:00 a.m. to 12:00 noon, with teachers being release at 12:00 noon. No district-wide activities requiring teacher presence shall occur on parent/teacher conference days. 10

14 26. At the end of each grading period, elementary teachers will be given early released time the last day of each quarter to figure grades and attendance, and to update temporary and permanent records. 27. In accordance with the Illinois School Code, teachers will not be required to work on Saturdays. ARTICLE VII - LEAVES Sick Leave: School Code, Sec states that full-time teachers and other employees are to be granted sick leave provisions not less in amount than ten days at full pay in each school year. Unused sick leave shall accumulate to a minimum of 180 days at full pay, including the leave of the current year. Sick leave shall be interpreted to mean personal illness, quarantined at home, or serious illness or death in the immediate family or household. Attendance at approved conferences and educational trips sponsored by the schools and approved by the Superintendent of Schools shall not be a cause of salary deductions nor counted in the cumulative sick leave. 1. Sick Leave: Shall be interpreted to mean personal illness, quarantined at home, or serious illness or death in the immediate family or household. a. Immediate family may be defined as: Father Spouse Father-in-Law Son Mother Daughter Mother-in-Law Brother Foster Parents Sister Grandparents Daughter-in-Law Brother-in-Law Son-in-Law Sister-in-Law Grandchildren Step Parents Step Children Aunt Uncle Domestic Partners (Domestic partners are defined as same-sex or opposite-sex partners who are not legally married but have chosen to share a common domestic life together in the same residence and are jointly responsible for basic living expenses.) b. Death in the immediate family: There shall be up to three (3) days allowed for such deaths. Up to two (2) additional days will be granted at the time the initial request is made to the principal pending approval by the Superintendent. The first four (4) days of funeral leave during the term of the agreement will not be deducted from sick leave. c. Every teacher shall be entitled to twelve (12) days sick leave per year in the Madison School District with a maximum accumulation of 350 days. (1) Any teacher after six years of service or more who has used enough sick leave days the previous year to drop his/her remaining total below 30 in the range of 0-11

15 29 days left will begin the next year with a minimum of 30 days or more depending on where they fall on the 0-29 range: 0-20 days left -- start at days left -- days left plus 10 and be allowed to accumulate days thereafter in subsequent years at the rate of twelve per year until a total of 350 is reached. However, any teacher the district determines is eligible to retire with TRS within 4 years from the date the employee would receive sick leave days under this provision, shall not be entitled to the additional sick leave days and will only be entitled to receive the normal annual allotment of sick leave days provided to teachers under Article VII, Section 1.c. (2) Teachers will be allowed to repeat the above procedure listed under (c) 1. one time during each subsequent six years of service. (3) The School Board may require, at the employee s expense, a physician s certificate or, if the treatment is by prayer or spiritual means, that of a spiritual advisor or practitioner such person s faith, as a basis for pay during leave after an absence of three (3) consecutive days for personal illness. An employee that is absent less than three (3) consecutive days may be required, at the District s expense, to submit a physician s certificate or, if the treatment is by prayer or spiritual means, that of a spiritual advisor or practitioner such person s faith, as a basis for use of paid sick leave for such absences. (4) A new teacher shall have all the privileges of the above leave effective at any time after the teacher reports for duty. (5) Teachers shall receive a yearly statement on their accumulated sick leave as soon as possible after school begins in the Fall. 2. Personal Leave: Two (2) personal leave days shall be granted for the school year to a teacher without penalty or loss of sick leave, or other emergency day allowance. Unused personal leave days shall accumulate to a maximum of three (3) days. Two personal leaves per building per day is maximum; additional leaves will be considered only if substitutes are available. No personal leaves will be granted during the first five days of the new school year, the day before a holiday, the day after a holiday, and during the last ten days of the school year. Unused personal leave days shall accumulate as sick leave. 3. Jury Duty: An employee called for jury duty or subpoenaed, shall, upon submission of proper documentation verifying the jury duty or subpoena, will be granted a paid leave of absence. However, the employee must remit all compensation received for jury duty and/or responding to the subpoena to the District. This provision shall not apply to the employee that initiates litigation against the district. 12

16 4. Sabbatical Leave: Sabbatical leaves may be available for certified personnel during each fiscal year and will be granted in accordance with provisions of the Illinois School Code and the rules of the Madison Board of Education. a. Written application requesting a sabbatical leave must be in the Superintendent s Office by May 15th of the fiscal year. b. Request for sabbatical leaves will be screened by a committee of three teachers appointed by the President of the local AFT and the Superintendent of Schools with final approval of the leave determined by the Board of Education. c. The qualifying applicant for sabbatical leave will receive the same basic salary of the year preceding that in which the leave is granted, less substitute pay, but not less than the legal minimum salary, or one-half of the basic salary, whichever is greater. 5. Leave of absence. The Board of Education may grant such leave to teachers for: a. Leave for Professional Self-Improvement. The Board of Education may grant such leaves to two tenure teachers, who do not qualify for a sabbatical leave. The same principles applicable to items 4a and 4b, under Article VII, shall be the same. The leave shall not exceed one year and the leave shall be without pay. b. Sickness c. Other The leave shall not exceed one year and the leave shall be without pay. ARTICLE VIII - BARGAINING 1. On or before February 15, of the year in which this agreement is to be renegotiated, the Union and the Superintendent shall set a time for a meeting between the Board Committee and the Union. The purpose of this meeting shall be for the setting of dates for meetings, agreeing on procedures and an informal exchange of desired general changes in the existing agreement. a. After this informal meeting, but no later than March 15, there shall be a meeting of the negotiating teams for the purpose of beginning negotiations. b. The negotiating team representing the Board of Education shall consist of at least one Board member and any other persons the Board may appoint. There shall be a minimum of three persons and not more than ten (10) persons representing the Union and the Board. 2. Matters that shall arise during the term of this contract relating to the terms and conditions of teachers professional service shall become negotiable matters upon reasonable notice of one party by the other and the resultant agreement shall become a part hereof. The Board shall not act on any matters affecting the terms of employment of teachers without prior consultation with the Union and negotiation as provided above. 13

17 ARTICLE IX - GRIEVANCE 1. A grievance shall mean a complaint that there has been a violation, misinterpretation or inequitable application of any of the provisions of this agreement or that one or more teachers have been treated unfairly or inequitably by reason of any act or condition which is contrary to established policy or practice governing or affecting teachers. 2. Grievances shall be presented and adjusted in accordance with the following procedures: A. Informal conferences: 1. A complaint shall first be discussed with the principal with the object of resolving the matter informally: a. By a teacher in person in his own behalf. b. By a teacher accompanied by a union representative. c. Through an organization representative if the teacher so requests. d. The Union shall be entitled to be present during the discussion of the grievance, and no resolution shall be made unless the Union representative has been present. 2. In the event the matter is resolved informally and a Union representative was not present at the adjustment of the complaint, the principal shall inform the Union of the adjustment. B. Formal Procedure: 1. Step 1 - Principal Level. In the event the matter is not resolved informally within five (5) calendar days after the informal meeting between the principal and grievant, the problem, stated in writing, may be lodged with or submitted as a grievance to the principal of the school in which the grievance arises within ninety (90) calendar days from the date of the act or event that gave rise to the grievance. Failure of the Union and/or teacher to file a grievance within the 90 calendar day time limit shall preclude the Union and/or employee from pursuing the grievance and/or invoking arbitration over the violations alleged in the untimely filed grievance. a. A grievance may be lodged and thereafter discussed with the principal: (1) By a Union Representative if the teacher so requests; (2) By a Union Representative in the name of the Union; (3) By a teacher accompanied by a Union Representative. b. Within ten (10) days after receiving the grievance, the principal shall state his decision in writing, together with the supporting reasons, and shall 14

18 furnish one copy to the teacher, if any, who lodged the grievance, and two copies to the Union Representative. 2. Step 2 - Superintendent Level. Within five (5) working days after receiving the decision of the principal, an appeal from the decision may be made to the Superintendent. The appeal shall be in writing and shall set forth specifically the act or conditions and the grounds on which the grievance is based, and shall be accompanied by a copy of the decision at Step 1. a. The Superintendent shall meet and confer on the grievance with a view to arriving at a mutually satisfactory adjustment. Participants in this conference shall be those who participated in Step 1. b. Within ten (10) working days after receiving the appeal, the Superintendent shall communicate his decision, in writing, together with supporting reasons, to the principal, the Union representative, the President of the Union, and to the aggrieved teacher, if any. 3. Step 3 - Board Level. Within five (5) working days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. This appeal shall be in writing, and shall be accompanied by a copy of the appeal at Step 2, and of the decision at Step 2. a. No later than ten (10) working days after receipt of the appeal, the Board shall hold a hearing on the grievance. Participants in this hearing shall be those who participated in Step 2 and counsel for the Union, unless the grievance is being processed by a teacher in person on his own behalf. Participants in this hearing shall be given at least three (3) working days notice of the hearing. b. Within ten (10) working days after the hearing on the appeal, the Board shall communicate its decision, in writing, together with supporting reasons to the Principal and the Superintendent, the Union representative, the President of the Union, and to the aggrieved teacher, if any. Conferences held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons entitled to be present to attend. 4. Step 4 - Binding Arbitration. If the Board decision does not satisfactorily resolve the grievance, and if the grievance is over a dispute concerning the administration or interpretation of the agreement, within (30) school days the grievance may be submitted to binding arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association (AAA). The arbitrator shall follow the standard rules of the AAA and his/her decision shall be binding on the parties, but shall not amend or modify the agreement. Expenses for the arbitrator s services shall be borne equally by the board and the union. 15

19 Employers shall not be required to arbitrate over matters of inherent managerial policy, which shall include such areas of discretion or policy as the functions of the employer, standards of services, its overall budget, the organizational structure, and selection of new employees and direction of employees. Employers, however, shall be required to arbitrate with regard to policy matters directly affecting wages, hours and terms and conditions of employment as well as the impact thereon. C. General Procedures: 1. In all steps of the Grievance Procedure, when it becomes necessary for individuals to be involved during school hours, they shall be excused with pay for that purpose. 2. No teacher at any stage of the Grievance Procedure will be required to meet with any administrator without a Union representative. 3. If a grievance arises from the action of authority higher than the principal of a school, the Union may present such grievance at the appropriate steps of the grievance procedure. 4. If a grievance is of such nature as to require immediate action such as may be required in transfer cases, the person acting for the Union may appeal within 20 days to the office or person empowered to act, and said office or person will resolve the matter jointly with the Union representative. If the matter is not satisfactorily resolved, it may be appealed through the grievance procedure beginning with Step Failure at any step of this procedure, to communicate the decision on a grievance within the specified time limits shall permit lodging an appeal at the next step of this procedure within the time allotted had the decision been given. Failure to appeal a decision within the specified time limits shall be deemed an acceptance of the decision. 6. The Grievance Procedures provided in this agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any teacher by law. In the event that grievance procedures do not result in satisfactory resolution of the problem, either party may declare an impasse. Within twenty (20) days upon the receipt of the second party of the declaration of impasse, impasse procedures as provided herein shall take effect. ARTICLE X - SALARY SCHEDULE 1. It is agreed the Board s contribution will be a maximum TRS contribution of Teachers entitled to a step will receive a step in each year of the agreement only if step movement was negotiated as part of the salary increase. See attached salary schedule for and

20 a. Severance Pay: A bargaining unit member with a minimum of ten years of service credit to the school district shall receive from the Board of Education a bonus when the bargaining unit member terminates employment with the school district. This bonus shall be equal to $30 per day for and up to 170 days of accumulated sick leave. For each day over 170 and up to the maximum of 300, the employee will receive $50 per day. An employee dismissed as the result of a felony conviction and/or loss of retirement shall not be entitled to this benefit. This severance payment shall not be considered TRS creditable earnings and shall be paid to the employee after the employee s last work day and after the employee receives his/her last regular payroll check, whichever occurs last. b. Out of each salary schedule figure, the Board of Education will withhold and pay directly to the Teachers Retirement System the required contributions on behalf of each teacher. The purpose of each contribution shall be to shelter all that is legally permissible of each figure listed from Federal Income Taxation, consistent with Tax Ruling 414-H. 3. For extra duties which are not covered by the Salary Schedule, the following policies are established: a. There will be no remuneration for school sponsored events requiring the teacher s presence after regular school hours if there is no income at the gate. b. For school sponsored events which require a teacher s presence after regular school hours, and which provide income at the gate, the teacher assigned duties at such events will be paid $ c. The rate of pay for summer school teachers shall be the rate of pay established in the summer school grant. 4. Any extra salary paid above the base salary such as: coaching, extra step incentive increment, extra duty pay, etc. will be paid at the end of sports season. a. Assistant coaches will be hired at the beginning of the year, but if not warranted following the beginning of the season, they can be released and paid pro-rata for time spent. b. Coaching Salaries for the different sports positions are listed below: c. The salaries for coaches/assistant coaches and cheerleading sponsors shall be as follows: stipend schedule shall remain the same as the current stipend schedule. 17 High School Football Head Coach $4, Football Assistant 2, Basketball Head Coach (Boys & Girls) 4, Freshman & Sophomore Basketball/ Basketball Assistant (Boys & Girls) 3, Baseball Coach 3,091.00

21 Volleyball Head Coach 3, Volleyball Assistant 2, Track Head Coach (Boys & Girls) 3, Track Assistant (Boys & Girls) 2, Cheerleading Sponsor 1, Cross Country Head Coach (Boys & Girls) 3, Golf Coach (Boys & Girls) 3, Baseball 3, Middle School 7 th & 8 th Grade Basketball Head Coach (Boys & Girls) $3, th & 8 th Grade Baseball Coach 3, Track Head Coach 2, Track Assistant 1, Cheerleading Sponsor 1, ARTICLE XI - SENIORITY AND RECALL Seniority 1. Seniority shall be defined as the length of full time continuous service to the district beginning with the first day of work. 2. In the event seniority is equal, the following factors will be used as the tie breakers: a. Years taught in a particular grade level or subject b. Most total years teaching c. Highest earned degree 3. A full year s seniority will be granted if employment begins prior to November 1 of the first year. Otherwise, no fractional year will be granted. 4. Seniority will accrue during paid leave of absence. 5. Seniority will not accrue during unpaid leaves of absence exceeding 60 days. 6. Seniority will be retained but not accrued during layoff. 7. Unofficial seniority lists shall be provided by November 1 each year. Final lists shall be provided by February 1, and teachers shall have 45 days after February 1 to show proof of any additional qualifications or certification not contained on the list. 8. A seniority list shall show the names of all employees in the bargaining unit in order of full time continuous service including certification and qualifications. 18

22 9. Anyone working 120 days or more will get one year seniority. Recall 1. Should it become necessary to reduce staff the Board agrees that their recall rights shall exist for two (2) years from the date of notice. 2. In considering the recall of an honorably dismissed teacher, the Board hereby agrees to recognize any and all valid and subsisting Illinois teacher s certificates held by any honorably dismissed teacher even though any such certificate was obtained by such teacher after he or she was honorably dismissed. 3. Each honorably dismissed teacher shall be responsible for keeping his or her current mailing address and current telephone number on record with the Board. Changes in address or telephone number shall be sent to the Board for the Attention of its Secretary by the teacher and/or the Union by certified U.S. Mail. ARTICLE XII - NO STRIKE/BARGAINING GUARANTEES 1. No Strike Provision a. The Union agrees not to strike and not to picket in any manner which would tend to disrupt the operation of any school in Community Unit District No. 12 during the term of this agreement. b. The Board agrees that during the term of this agreement, it will not lock out any members of this bargaining unit. ARTICLE XIII - FAIR SHARE All employees covered by this agreement who are not members of the Union shall, commencing on the effective date of this agreement, or sixty (60) days after their initial employment, and continuing during the terms of this agreement, and so long as they remain non-members of the Union pay to the Union each month their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required by members of the Union. Such proportionate share payments shall be deducted by the Board from earnings of the non-member employees and paid to the Union. The Union shall submit to the Board an affidavit which specifies the amount which constitutes said proportionate share which shall not exceed the dues uniformly required of members of the Union. The Union shall indemnify and hold harmless the Board of Education, its members, officers, agents and employees from and against any and all claims, demands, actions, complaints, suits, or other forms of liability that shall arise out of complying with the above provisions of this article, or in reliance on any list, notice, certification, affidavit or reassignment furnished under any such provisions. 19