THE BOARD OF EDUCATION MT. VERNON TOWNSHIP HIGH SCHOOL DISTRICT NO. 201 THE MT. VERNON TOWNSHIP HIGH SCHOOL EDUCATION ASSOCIATION M.H.E.A.

Transcription

1 Agreement Between THE BOARD OF EDUCATION MT. VERNON TOWNSHIP HIGH SCHOOL DISTRICT NO. 201 AND THE MT. VERNON TOWNSHIP HIGH SCHOOL EDUCATION ASSOCIATION M.H.E.A./IEA/NEA Effective August 1, 2015 through July 31, 2018

2 TABLE OF CONTENTS Page Article I Recognition Recognition Sole Representation... 1 Article II Negotiations Procedure Good Faith Bargaining Duty to Bargain Team Selection Date of Negotiation Bargaining During the Day Closed Meeting Tentative Agreements Freedom of Information Mediation Request... 2 Article III Grievance Procedure Definition Statement of Principles Procedures... 3 Article IV Salary Schedule and Additional Pay Salary Salary Schedule Advancement Additional Pay Class Sponsorship... 5 Article V Pay Periods/Pay Dates Pay Periods Pay Dates... 5 Article VI Payroll Deduction Dues Deductions Fair Share Other Deductions Payroll Work Sheet... 6 Article VII College Credit Reimbursement College Credit Reimbursement... 7 Article VIII Employee Insurance Board Paid Insurance Insurance Committee Dependent Insurance Group Life Insurance... 8

3 Article IX Early Retirement Early Retirement... 8 Article X Retirement Incentive Retirement Retirement Plan Article XI Association and Teacher Rights Holding Meetings Use of Faculty Mailboxes Use of Bulletin Board Board Minutes Board Agenda Non Discrimination race, creed Non Discrimination hours, wages Early Dismissal for Ratification Use of Intercom System Right to Representation Suspension Without Pay Suspension With Pay Superintendent s Committee-Communication Assistance for Control and Discipline of Students Guidelines Use of Video Cameras.14 Article XII General Employment Provisions Personal Leave Association Leave Sick Leave Catastrophic Illness and/or Injury Unpaid Leaves of Absence Sabbatical Leave Factors Affecting Leave During the School Year Personnel Records Professional Development Staff Involvement in Policy Development School Calendar Internal Substitute Teachers Workday Emergency School Closing Notification of Teaching Assignments Curriculum Committee and Curriculum Changes No Strike Board Sheltered Retirement Evaluation Filling Vacancies Merit Pay Class Rosters... 27

4 Article XIII Reduction in Force Acquiring Seniority Continuous Employment Seniority List Guidelines for Reduction in Force Recall Employee Responsibilities Realignment of Classes Article XIV Limitation on TRS Nonexempt Creditable Compensation Nonexempt Creditable TRS earnings Indemnification Article XV Effect of Agreement Terms and Conditions Printing of Agreement Severability Effect of Agreement Appendix I Schedule of Creditable Earnings Appendix II Additional Pay Schedule Appendix III Board Paid TRS Health insurance Appendix IV Permanent Substitute Memorandum of Understanding Memorandum of Understanding... 37

5 ARTICLE I Recognition 1.1 The Board of Education of Mt. Vernon Township High School District No. 201, Mt. Vernon, Jefferson County, Illinois, hereinafter "Board," recognizes the Mt. Vernon High School Education Association IEA/NEA, hereinafter "Association," as the sole and exclusive negotiating agent for all regularly employed certificated teaching personnel, hereinafter "Teachers," with the exception of the Guidance Director, Athletic Director, Vocational Director, Assistant Vocational Director, Principal, Dean of Students, Superintendent, and other administrative personnel who perform administrative duties, i.e., the authority to hire, transfer, discharge, or discipline other employees, at least 50% of the regular teacher workday. The position of permanent substitute shall be covered by all of the provisions of this Agreement except those as modified or excluded in Appendix IV. 1.2 During the life of this Agreement, the Board agrees not to negotiate, consult, or extend to any competing organization the rights, privileges, and benefits contained in this Agreement. ARTICLE II Negotiations Procedure 2.1 The Board agrees to participate in good faith negotiations regarding salary, extra duty pay, fringe benefits, and other items of mutual concern. 2.2 The parties agree that it is their mutual responsibility to confer upon their respective representatives the necessary power and authority to make proposals, consider proposals, and make counterproposals in the course of negotiations, and to reach tentative agreements to be presented to the Board and the Association for ratification. 2.3 Each party shall select its negotiation team. 2.4 Negotiations shall begin no later than the second Tuesday following Spring Vacation unless both parties agree to an alternate date. The parties agree to meet a minimum of two (2) times each month after bargaining begins until agreement is reached, unless agreed otherwise, or the parties are at impasse. Meetings shall be held at an hour and site agreed to by both parties. 2.5 If negotiations take place during the school day, substitutes will be provided for the Association team by the Board with no deduction in pay. 2.6 Negotiations sessions shall be closed meetings. 2.7 Any item tentatively agreed to will be initialed at the meeting in which the Agreement is reached. Copies will be provided to both parties. 2.8 The Association team will be furnished, on reasonable request, information, which is regularly and routinely prepared concerning the financial condition of the district, including annual financial statement and budget. 2.9 Following the last day of June, if the parties are not in agreement, either party may ask, in writing, that a member of the Federal Mediation and Conciliation Service be requested to assist the parties to arrive at agreement. 1

6 ARTICLE III Grievance Definition/Procedure 3.1 Definition. A grievance is defined as a complaint by a teacher that there has been a violation, misinterpretation, or misapplication of the terms and conditions of this Agreement or that the Agreement has not been evenhandedly applied. 3.2 Statement of Principles. (a) Grievances may be initiated by any teacher covered by this Agreement and/or by the Association in cases where the grievance involves two or more teachers. (b) A teacher who participates in the grievance procedure shall not be subjected to discipline or reprisal because of such participation. (c) The investigation and processing of any grievance by the grieving teacher and/or Association shall be conducted so as to result in no interference with the instructional program provided; however, if the processing of a grievance at any of the formal steps requires that the grieving teacher and/or Association representative be released from his/her work activities, there shall be no loss of pay or benefits. (d) Any teacher has a right to be represented by the Association at any formal step in the grievance procedure. (e) Hearings and conferences under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses entitled to be present, to attend and will be held, insofar as possible, during nonteaching time of personnel involved. (f) The failure of an administrator to give a decision within the time limits shall permit the grievant to proceed to the next step. The failure of a teacher and/or Association to act on any grievance within the prescribed time limits will act as a bar to any further appeal. All time limits, however, may be extended by mutual agreement. (g) In any instance where the Association is not represented in the grievance procedure, the Association shall be notified of the final disposition of the grievance; said disposition will not establish a precedent. (h) A grievance may be withdrawn at any level without establishing precedent. (i) If the grievant and/or Association and the Principal (at Step One) or the 2

7 Superintendent (at Step Two), as the case may be, agrees, any level of the grievance procedure may be bypassed and the grievance brought directly to the next level. If a teacher does not report to a principal, then the grievance shall be initially filed at Step Two. (j) All references to days during the school term shall mean teacher workdays; otherwise, days shall mean weekdays. (k) If a teacher/association files any claim or complaint in any form other than under the grievance procedure of this Agreement, the Administration/Board shall not be required to process the same claim or set of facts through the grievance procedure. (l) Both parties to a grievance shall be provided, upon reasonable request, any information or documents pertinent to a grievance. (m) All records related to a grievance shall be filed separately from the personnel files of the employees. 3.3 Procedures. (a) Informal Step. The teacher shall attempt to resolve any grievance by discussing the situation with his/her principal. (b) Step One. If the grievance is not resolved at the informal step, the teacher/association shall file the grievance in writing with the Principal. The written grievance shall state the nature of the grievance, shall note the specific clauses(s) of the agreement allegedly violated, and state the remedy requested. The filing of the written grievance must be within thirty (30) days from the date of the occurrence of the event, or within thirty (30) days from the date the teacher has knowledge of the event giving rise to the grievance. The Principal shall meet with the grievant within five (5) days after receipt of the grievance and discuss the grievance. Within five (5) days of the meeting, the grievant and the Association shall be provided with the Principal's written decision, including the reasons for the decision. (c) Step Two. If the grievance is not satisfactorily resolved at Step One, the teacher/association shall file the grievance in writing with the Superintendent. The filing of the written grievance must be within five (5) days of receipt of the Principal's written decision. The Superintendent shall meet with the grievant within five (5) days after receipt of the grievance and discuss the grievance. Within five (5) days of the meeting, the grievant and the Association shall be provided with the Supe1ntendent's written decision, including the reasons for the decision. (d) Step Three. If the grievance is not resolved satisfactorily at Step Two, there shall be available a third step of impartial, binding arbitration. The Association may submit, in writing, a request on behalf of the Association and the grieving teacher to the Superintendent within thirty (30) days from receipt of the Step Two answer to enter into such arbitration. The arbitration proceeding shall be conducted by an Arbitrator to be selected by the two parties within seven (7) days after said notice is given. If the two parties fail to reach agreement on an Arbitrator within seven (7) days, the American Arbitration Association will be requested to provide a panel of seven (7) arbitrators. Each of the two parties will alternately strike one name at a time from the panel until only one shall remain. The remaining name shall be the Arbitrator. The decision of the Arbitrator shall be binding on all parties. 3

8 Expenses for the Arbitrator's services shall be borne equally by the School District and the teacher/association. ARTICLE IV Salary Schedule and Additional Pay 4.1 Salary. The salary schedule shall be as set forth in the appendices, which are incorporated into this Agreement. 4.2 (a) When, by reason of added college training, a teacher believes he/she is eligible to advance on the salary schedule, written application for such advancement must be on file in the Superintendent's office not later than the tenth day of the school term in which advancement is sought. A certified transcript supporting such application must be on file not later than October l of the same year. (b) In determining the amount of teaching experience, either within or outside the District, less than 90 days (i.e., 90 teacher workdays) of experience will be given no credit while one-half (0.5) year or more will be considered a full year. 4.3 Additional Pay. The additional pay schedule shall be set forth in the appendices which are incorporated into this Agreement. 4.4 Class Sponsorship. The M HEA will make every attempt to provide the administration a list of teacher volunteers to fill class sponsorship positions by no later than October 1. In the event the M HEA cannot provide the administration with a list of teacher volunteers, the administration will be free to assign the positions. ARTICLE V Pay Periods/Pay Dates 5.1 Pay Periods. New teachers shall have the option of receiving their pay on a ten (10) or twelve (12) month basis. Returning teachers must notify the Superintendent of a change from ten (10) month to twelve (12) month pay or from twelve (12) month to ten (10) month pay by September 5 of each school year, otherwise the pay periods will remain the same as the previous year. 5.2 Pay Dates. Teachers shall be paid on the twentieth (20th) of each month. If the pay date falls on a weekend, holiday, or during a holiday period, the paycheck shall be issued on the last day school is in session before the weekend, holiday, or holiday period. 4

9 ARTICLE VI Payroll Deduction 6.1 Dues Deductions. Any member of the bargaining unit who is a member or has applied for membership in the Association may sign and deliver to the Board an authorization form as furnished by the Association, authorizing deduction of continuous membership dues of the Association. (a) The Board shall deduct from each teacher's salary the current dues of the Association provided the Board has received a fully executed authorization form from the teacher. (b) The continuous authorization shall remain in effect from year to year unless the employee revokes said authorization within the first ten (10) days of the school year. Any such revocation shall be in writing. (c) Pursuant to such authorization, the Board shall deduct one-tenth (1/10th) of such dues from the regular check of the teacher each month for ten (10) months, beginning in September until paid in full. (d) The Board shall remit said deducted dues to the local Association treasurer within ten (10) days following the pay period deduction. (e) The Board shall deduct from the last paycheck issued that part of the dues remaining for those teachers who terminate their employment or who take an unpaid leave of absence; and shall remit same to the local Association treasurer within ten (10) days following said deduction. (f) The Board shall deduct the dues authorized for those teachers who are employed after the commencement of the school year in as equal installments as possible to insure dues, prorated from the date of employment, are deducted for those teachers by June of each year. 6.2 Fair Share (a) Each teacher, as a condition of his/her employment, on or before thirty (30) days from the date of commencement of duties or the effective date of this Agreement, whichever is later, shall join the Association or pay a fair share fee to the Association equivalent to the amount of dues uniformly required of members of the Association including local, state, and national dues. (b) In the event that the teacher does not pay his/her fair share directly to the Association by a certain date as established by the Association, the Board shall deduct the fair share fee from the wages of the nonmember. (c) Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. (d) The obligation to pay a fair share fee will not apply to any teacher who, on the basis of a bona fide religious tenet or the teaching of a church or a religious body of which such employee is a member, objects to the payment of a fair share fee to the 5

10 Association. Upon proper substantiation and collection of the entire fee, the Association will make payment in behalf of the teacher to a mutually agreeable nonreligious charitable organization as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board. 6.3 Other Deductions. When authorized in writing by the individual teacher, deductions such as, but not limited to, tax-sheltered annuity payments, credit union savings or loan payments, health and life insurance premiums will be made by the Board. Withholding of certified payments to the Illinois Teachers' Retirement Fund shall be in ten (10) equal installments beginning in September. Unless otherwise stipulated, all payments or withholdings shall be on an equal pro rata basis each pay date. Credit Union savings, loan payments shall be made on the pay date. All other deductions shall be made in accordance with legal requirements or invoice requirements. These deductions may be accomplished electronically. 6.4 Payroll Worksheet: By September 1 or within 30 days after the contract has been approved, whichever is later, the teacher shall receive a payroll worksheet indicating the total salary and deductions. ARTICLE VII College Credit Reimbursement 7.1 (a) Starting with the second year of employment, each teacher shall be reimbursed for the life of this Agreement one Hundred Thirty Dollars ($130) per semester hour up to a maximum of eighteen (18) semester hours credit per calendar year, September 1 through August 31, for course work completed when credit is earned with a grade of B or better in college courses appropriate to a teacher's current teaching assignment and having prior approval of the administration. Prior approval shall be interpreted to mean that the teacher has made written application to the Superintendent, listing and briefly describing the course and/or courses to be taken, with approval having been made before the initial meeting of the courses involved. Superintendent shall have the authority to grant approval for course work outside the teacher's current teaching assignment. (b) Teachers who return to college to acquire certification in areas where critical teacher shortages exist shall be eligible for college credit reimbursement. The Board of Education, with the advice of the administration, shall determine the areas in which Mt. Vernon Township High School has critical teacher shortages. (c) When, by reason of completed course work, a teacher believes he/she is eligible for reimbursement hereunder, he/she shall file written notice of entitlement with the Superintendent. A certified transcript or official report card supporting such notice of entitlement shall accompany the notice provided that, if a report card is used, a certified transcript will be provided as soon as it is available. Reimbursement shall be made by the Board no later than thirty (30) days following the receipt by the Superintendent of the notice of entitlement and certified transcript. 6

11 ARTICLE VIII Employee Insurance 8.1 Board Paid Insurance. The Board shall pay the cost of each teacher s coverage to a limit of Seven Hundred Thirty Five Dollars ($735.00) per month for group major medical/hospitalization insurance. 8.2 An insurance committee [consisting of one (1) administrator, two (2) noncertified personnel, and four (4) certified personnel appointed by the M HEA] shall at least annually review the present group policy as specified in the member handbook and, if necessary, seek new proposals. On evaluation of these proposals the committee shall present and explain at least the top three plans to the administration, the noncertified, and certified personnel for a vote. The plan which receives the majority (51%) of the votes shall become the group insurance policy for Mt. Vernon Township High School. 8.3 Under the program, employees may elect to allocate dollars for dependent insurance which amount exceeds the Board contribution. These dollars shall be deducted before taxes are figured on income, thus making these additional elected amounts nontaxable, also. The Board, to the extent allowed by law, shall undertake the necessary action to qualify the deducted amounts as non-income. 8.4 The Board shall pay the cost of each teacher's coverage to a limit of $2.42 per month for group life insurance. ARTICLE IX Early Retirement 9.1 If a teacher is between the ages of fifty-five (55) to sixty (60) and has at least twenty (20) years but no more than thirty-five (35) years of service in teaching, that teacher may "buy up" his retirement by paying a contribution at the rate of eleven and one half percent (11.5%) for the lesser of the following two (2) periods: (a) for each year that the teacher is less than age sixty (60); or (b) for each year that the teacher's creditable service is less than thirty-five (35) years. The Board contribution shall be at the rate of twenty three and one half percent (23.5%) for each year the teacher is under age sixty (60). (c) At the beginning of each school term the Superintendent or his designee, shall compile a list of teachers who are or will be eligible for early retirement. Eligible teachers shall be listed on the basis of seniority with the District. (d) The list of eligible teachers shall be provided to each of the teachers named therein as soon as possible after its compilation. 7

12 (e) Not later than September 1, each eligible teacher shall notify the Superintendent or his designee in writing whether or not the teacher intends to retire at the end of the current school term and, if so, whether the teacher intends to make the one-time employee contribution to the System. (f) The Superintendent or his designee shall notify the Board of Education at its September meeting of the number of teachers who intend to retire and intend to make the one-time employee contribution upon retirement. (g) At the September meeting, the Board of Education shall determine the number of teachers who may retire and make the one-time contribution, but such number shall not be less than thirty-three and one-third percent (33 1/3%) of those teachers eligible to do so. (h) The Board of Education shall then determine which teachers may so retire with such determination being made on the basis of seniority within the District. In the case of a tie between two (2) or more eligible candidates in terms of seniority in the District, total full years of contribution to the TRS from all school districts will be used to break the tie. The teacher or teachers to retire shall be notified immediately thereafter. (i) If legislation is enacted and/or TRS rules and regulations are adopted during the life of this agreement that result in a greater cost to the District than the costs generated by this agreement, the provisions relating to such benefits shall be reopened for negotiations. ARTICLE X RETIREMENT INCENTIVE 10.1 Retirement The Board shall recognize the service of full-time teachers who have rendered at least fifteen (15) years of creditable service to District #201 immediately preceding retirement, and who are eligible to receive regular retirement pension benefits through the Teacher Retirement System of the State of Illinois. (a) To be eligible the Teacher: (b) (1) Must be at least sixty (60) years of age at the time of retirement; or (2) Must be at least fifty-five (55) years of age by December 31 of the year of retirement, with thirty-five (35) years of service with the Illinois Teacher Retirement System; and (3) Must have served satisfactorily in the District for a minimum of fifteen (15) full-time years immediately preceding his or her retirement. Nonexempt TRS creditable compensation (earnings) is defined by TRS rules and regulations. 8

13 (c) One Year Plan Eligibility requirements are for the year retirement becomes effective NOT the year the irrevocable letter of retirement is submitted. Plans If an eligible Teacher gives the Board an irrevocable letter of retirement prior to May 1 stating that he/she shall retire at the end of the next school year, the Teacher will be removed from the salary schedule and for the final year of employment the Teacher s nonexempt TRS creditable earnings shall be increased by six percent (6%) over the Teacher s nonexempt TRS creditable earnings for the prior year of employment Example: The Teacher s prior year nonexempt TRS creditable earnings were $40, The Teacher s final year nonexempt TRS creditable earnings will be $42, (i.e., $40, x 1.06 = $42,400.00). Two Year Plan If an eligible Teacher gives the Board an irrevocable letter of retirement prior to May 1 two (2) years prior to the year of retirement, the Teacher will be removed from the salary schedule and for the final two (2) years of employment the Teacher s nonexempt TRS creditable earnings shall be increased by six percent (6%) over the Teacher s nonexempt TRS creditable earnings for the prior years of employment respectively. Example: A Teacher gives his/her irrevocable letter of retirement prior to May 1, 2007, stating he/she will retire on June 30, The Teacher s nonexempt TRS creditable earnings for the school year were $40,000. The Teacher s nonexempt TRS creditable earnings for the school year will be $42, (i.e., $40, x 1.06 = $42,400.00)The teacher s nonexempt TRS creditable earnings for the school year will be $44,944./00 (i.e., $42, x 1.06 = $44,944.00). Three Year Plan If an eligible Teacher gives his/her notice irrevocable letter of retirement prior to May 1, 2007, stating he/she will retire on June 30, 2010The Teacher s nonexempt TRS creditable earnings for the school year were $40, The Teacher s nonexempt TRS creditable earnings for the school year will be $44, (i.e., $42, x 1.06 = $44,944.00) The Teacher s nonexempt TRS creditable earnings for the school year will be $47, (i.e., $44, x 1.06 = $47,641.00). Four Year Plan If an eligible Teacher gives the Board an irrevocable letter of retirement prior to May 1 four (4) years prior to the year of retirement, the Teacher will be removed from the salary schedule and for the final four years of employment the Teacher s nonexempt TRS creditable earnings shall be increased by six percent (6%) over the Teacher nonexempt TRS creditable earnings for the prior years of employment respectively. Example: A Teacher gives his/her irrevocable letter of retirement prior to May 1, 2007, stating he/she will retire on June 30, The Teacher s nonexempt TRS creditable earnings for the school year were $40, The Teacher s nonexempt TRS creditable earnings for the school year will be $42, ($40, x 1.06 = $42,400.00). The Teacher s nonexempt TRS creditable earnings for the school year will be $44, (i.e., $42, x 1.06 = $44,944.00). The 9

14 Teacher s nonexempt TRS creditable earnings for the school year will be $47, (i.e., $44, x 1.06 = $47,640.64). The Teachers nonexempt TRS creditable earnings for the school year will be $50, (i.e., $47, x 1.06 = $50,499.08) Miscellaneous (a) Once a retirement letter is submitted, the Teacher will not be assigned an additional extra duty not currently being performed without the consent of the Teacher. (b) If after submitting an irrevocable letter of retirement, the Teacher resigns from or is removed from duties for which the Teacher was compensated the previous year (i.e, Additional Pay Schedule), the Teacher s nonexempt TRS creditable earnings will be adjusted accordingly. Example: The Teacher s nonexempt TRS creditable earnings from the school year were $43,000.00, of which $3, was compensation for coaching basketball in Under the Teacher s retirement plan, he/she would be schedule to receive $45, nonexempt TRS creditable earnings for the school year (i.e., $43, x 1.06 = $45,580.00). However, the Teacher resigns from his/her coaching position before the start of the school year The Teacher s nonexempt TRS creditable earnings for the school year will be $42, (i.e., $40,000 x 1.06 = $42,400.00) rather than $45, (c) The Board, in its sole discretion, may allow the Teacher to rescind his/her letter of retirement because of serious illness or life changing circumstances, provided the Teacher returns to the Board any nonexempt TRS creditable earnings paid to the Teacher in excess of the amount the Teacher would otherwise have receive under the salary schedule for such year(s) in which the creditable earnings were paid. (d) If legislation is enacted and/or TRS rules and regulations are adopted during the life of this agreement that result in a greater cost to the District than the costs generated by this agreement, the provisions relating to such benefits shall be reopened for negotiations. ARTICLE XI Association and Teacher Rights 11.1 The Association shall have the right to hold meetings on School District property after regular student school hours, provided such meetings do not interfere with the instructional program. Any out-of-pocket expenses to the District resulting from such meetings shall be borne by the Association. Such meetings shall be scheduled with the District office or building principal The Association shall have the right to use faculty mailboxes, school for announcements relating to the conduct of the Association's business The Association shall be provided with bulletin board space in each building. Only authorized representatives of the Association shall use bulletin boards for Association announcements. 10

15 11.4 One (1) copy of all Board meeting minutes shall be made available to the President of the Association or his/her designee within a reasonable time after they have been approved by the Board in its usual and customary fashion. This paragraph shall not apply to minutes made during the course of authorized closed sessions or meetings The Board shall place on the agenda of each regular Board meeting any matter brought to its attention for its consideration by the Association so long as the request is made prior to 8:30 A.M. of the previous workday or if the request is in compliance with existing Board policy as applicable to any member of the general public. The President of the Association or his/her designee shall be provided a copy of the agenda of any regular Board meeting The Board shall not discriminate against a teacher for reason of race, creed, color, age, sex, national origin, or handicap The Board shall not discriminate against any teacher with respect to hours, wages, terms and conditions of employment for reasons of his/her membership in the Association, or because of participation as a member of the Association's negotiating team School will be dismissed early (at 2:30 P.M.) a limited number of times for the purpose of ratification/rejection of a tentative labor agreement. Such dismissal shall be scheduled with the District office Announcements of Association business which have no adverse impact on the student body (as approved by the building principal) may be read over the intercom system Right to Representation. When a teacher is required to attend a formal conference with an administrator regarding possible disciplinary action, the teacher shall have the right to have an Association representative present. Formal conferences shall be limited to those which take place between an administrator and teacher solely for the purpose of imposing discipline or obtaining facts to be used as the basis for imposition of discipline Suspension Without Pay (a) The Board may suspend teachers without pay (1) pending a dismissal hearing, or (2) as a disciplinary measure for misconduct by the teacher. Tenured teacher suspension without pay coupled with dismissal is reviewable only as provided under the School Code, and not through the grievance procedure outlined in this Agreement. (b) The facts of any matter, which may lead to a suspension without pay, shall be thoroughly investigated. Prior to any final decision regarding suspension without pay by the Board, the Superintendent, or his designee, shall advise the Association and the employee of the proposed suspension, the facts of the matter, and his tentative recommendation thereupon. If agreement is not reached, the matter shall be referred to the Board. (c) When the matter is considered by the Board, the Association shall have the right to make an oral or written presentation to the Board in executive session. (d) If the decision of the Board is to impose a suspension without pay and benefits, the action shall be taken, effective at such time as the Board determines; but such action shall be reviewable in a post-discipline hearing via the grievance arbitration procedure outlined in this Agreement. Remedies shall be limited to award of compensatory damages and expunging of employee records. If mutually agreed, the Board and Association may bypass the Board decision phase and proceed immediately to arbitration under the "Expedited Rules" or "Streamline Rules" of the American Arbitration Association. 11

16 (e) Nothing in this Agreement limits the right of the Board to suspend employees with pay. (f) In reviewing a suspension without pay and benefits, the arbitrator shall not reverse the decision of the Board except if the suspension is not based on fair and just cause. (g) In general, an oral or written warning shall precede any suspension without pay. However, no prior oral or written warning shall be necessary in the case of the following: (1) Conviction of, use, delivery or possession of illegal drugs at any time, or attempt of the same. (2) Being under the influence of alcohol while on duty. (3) Any intentional, reckless, or grossly negligent work-related action, which creates a risk of substantial injury, or damage to property to another, whether or not such injury or damage actually occurs. (4) Theft of, or intentional damage or misuse of property belonging to the District, or attempt of the same. (5) Conviction of any felony offense or theft. (6) Loss of driver's license required for the employee's position for any reason due to a non-medical reason Suspension With Pay. The Board authorizes the Superintendent to suspend a teacher with pay during an investigation into allegations of improper teacher actions when the employee's continued presence in his or her position would not be in the best interests of the District or pending a Board hearing to suspend a teacher without pay. The Supe1ntendent shall meet with the teacher to present the allegations and give the teacher an opportunity to refute the charges. The teacher will be told the dates and times the suspension will begin and end Superintendent s Committee-Communication. The Association and the Board recognize the importance of communications in maintaining good relationships and agree to meet one (1) time each quarter of the school year for the purpose of discussing problems. Quarterly meetings shall be held with reasonable written notice stating the item and items to be discussed at such meetings. Quarterly meetings are not to be collective bargaining. The committee shall be comprised of the Superintendent, one Board member, and two Association members. The agenda of each meeting shall be jointly compiled by 12

17 the Superintendent and the President of the Association. The Association agrees that employees must sign their name if a legal issue is brought forward. a. The Board shall notify the Association of the one (1) member chosen to attend such meetings. b. The Association will designate not more than two (2) representatives to attend said meetings and will notify the Board s representative(s) in writing of their selection Assistance for Control and Discipline of Students The Employer shall support and assist bargaining unit members with respect to the maintenance of control and discipline of students in accordance with Section of the School Code Guidelines a. The Board shall indemnify and protect members of the bargaining unit against death and bodily injury and property damage claims and suits, including defense thereof; where damages are sought for negligent or wrongful acts alleged to have been committed in the scope of employment or under the direction of the Board. b. In the event a teacher is assaulted or battered by a student in the course of his/her employment, the teacher will immediately notify his/her principal and the principal will in turn notify the Superintendent. Upon request by the teacher, a meeting shall be scheduled between the teacher and principal within three (3) school days to discuss a plan of action. For purposes of this section, assault shall be defined as conduct which places the teacher in reasonable apprehension of receiving a battery. A battery means intentional conduct which causes bodily harm to a teacher or physical contact of any insulting or provoking nature to a teacher. c. Should a teacher receive worker s compensation as a result of injuries caused by a battery committed by a student, the teacher will also be paid the difference between his/her salary and the worker s compensation award as long as the teacher continues to draw worker s compensation. Such payment shall not cause a deduction from the teacher s sick leave Use of Video Cameras The Association will be provided with the list of specific locations of video cameras, prior to installation. Video equipment will not have auditory capacity. Images and data collected from the video cameras will not be used for either informal or formal observations. If the content of the video material becomes the subject of an investigation into employee conduct, the employee and the Association will be given a copy and have the opportunity to review the video prior to answering investigatory questions, subject to provisions of the School Student Records Act. ARTICLE XII General Employment Provisions 12.1 Personal Leave. The Board shall grant three (3) total days per year to each full-time teacher for personal leave at no cost to the teacher. At least two (2) days advance notice must be given in writing for request to the Superintendent or his designee. Personal days shall not be allowed or taken before a holiday, or a holiday weekend or during the first or last week of school. These restrictions may be waived by the Superintendent in case of emergency. Personal days will be 13

18 computed on quarter hour basis Association Leave. At the written request of the Association President, the Association shall be entitled to a total of five (5) Association leave days annually. The representatives shall be excused without loss of pay provided the M HEA reimburses the district for the cost of the substitute(s) if a substitute is required. Written requests for the use of this leave shall be submitted to the Superintendent at least five (5) days before the leave is to be taken Sick Leave. The Board shall grant all full-time teachers an annual sick leave allotment per year according to the tiered scale below For 0-15 years of experience, faculty will be allotted 15 sick days. For years of experience, faculty will be allotted 16 sick days. For 21+ years of experience, faculty will be allotted 17 sick days. If any such teacher does not use the full amount of annual leave thus allowed, the unused amount shall accumulate to leave of three hundred forty (340) days at full pay, in addition to the leave of the current year. Sick leave shall be interpreted to mean personal illness, quarantine at home, serious illness or death in the immediate family or household, birth, adoption, and placement for adoption. The Board may require a physician's certificate or, if the treatment is by prayer or spiritual means, that of a spiritual advisor or practitioner of such person's faith, as a basis for pay during leave after an absence of three (3) days for personal illness, or as it may deem necessary in other cases. If, by reason of any change in the boundaries of school districts, or by reason of the creation of a new school district, the employment of a teacher is transferred to a new or different board; the accumulated sick leave of such teacher is not thereby lost, but is transferred to such new or different district. For purposes of this section, "immediate family" shall include parents, spouse, brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, stepparents, stepchildren, stepbrothers, stepsisters, in-law counterparts, and legal guardians. A teacher may request the use of sick leave days to attend the funeral of someone other than an immediate family member if the teacher does not have any personal leave days available. The administration shall provide an annual report of accumulated sick and personal days to each teacher no later than September 30, or the first school day thereafter if September 30 falls on a weekend. Sick leave is calculated on a quarter hour basis. Any teacher who takes less than five sick days in a school year may sell back to the district up to five remaining sick days at a per diem rate of $55.00 per day at the end of that school year Catastrophic Illness and/or injury. A catastrophic illness and/or injury is an acute or prolonged illness or injury that is considered life-threatening or with the threat of serious residual disability which results in the employee s inability to work. A. Examples of catastrophic illness or injury 1. Serious debilitating illness, impairment, or physical/mental condition that involves 14

19 treatment 2. High intensity/high frequency of treatment encounters necessary for a chronic B. Exclusions or long-term condition that is so serious that, if not treated would likely result in an extended period of incapacity or death 1. Paid catastrophic leave is not applicable unless the employee has exhausted his/her annual sick leave 2. Elective surgery does not qualify as a catastrophic illness or injury. 3. Most leaves associated with pregnancy are not covered by catastrophic leave. Complications arising from a serious health condition for mother or child may be considered for eligibility. C. This program does not cover time off due to job-incurred injury covered by workers compensation. D. In the event an employee suffers from a catastrophic illness and has exhausted his/her accumulated sick leave, personal leave, and vacation days, each employee shall be allowed to contribute a maximum of two (2) sick days to said employee. All employees will be given up to two opportunities to contribute days to said employee. In the event days contributed are unused, said days shall be placed in a sick leave bank. The sole purpose for the bank is to store unused days that were donated by other employees who suffered a catastrophic illness Unpaid Leaves of Absence. Leaves of absence as approved by the Board without pay may be granted to employees who desire to return to employment in a similar capacity at a time mutually consistent with the needs of the District. Each approved leave of absence shall be of the shortest possible duration required to meet the purpose for the leave consistent with a reasonable continuity of instruction for students. Leaves of absence without pay for not more than one (1) year may be granted to all full-time teachers according to the following conditions: (a) Written requests for leaves of absence without pay should be made at least two (2) months before the leave is desired. (b) Dates of departure and return must be acceptable to the administration and teacher prior to initiating the request. (c) Leaves of less than one (1) month, if acceptable to and approved by the administration, will not require Board approval nor two (2) months notice. (d) Employees on unpaid leave may continue insurance benefits if they reimburse the District for any pro rata costs of premiums during the term of leave. (e) Employees will not advance on the salary schedule while on any approved leave of absence without pay unless working at least ninety (90) days of the school year in which the leave was granted. (f) Any teacher who is on unpaid leave of absence shall not be entitled to nor file for 15

20 unemployment compensation during the period of unpaid leave. A nontenured employee who is on an unpaid leave of absence shall not acquire a year of full-time continuous employment for the year in which the leave is granted as a provision toward the acquisition of tenure in the district Sabbatical Leave. The Board may grant a sabbatical leave of absence to a teacher performing contractual continued service, for a period of at least four (4) school months but not in excess of one (1) school term, for resident study, research, travel or other purposes designated to improve the school system. The grant of a sabbatical leave by the Board shall constitute a finding that the leave is deemed to benefit the school system by improving the quality and level of experience of the teaching force. This leave may be granted after completion of at least six (6) years of satisfactory service as a full-time teacher, and may again be granted after completion of a subsequent period of six (6) years of such service. However, two (2) sabbatical leaves, each consisting of at least four (4) months but totaling no more than the equivalent of one (1) school year, may be granted within a six (6) year period. A leave granted for a period of one (1) school year or less shall bar a further sabbatical leave until completion of six (6) years' additional satisfactory service, except that two (2) leaves which total no more than the equivalent of one (1) school year shall bar a further sabbatical leave only until the completion of six (6) years' additional satisfactory service following the completion of the first such leave. The leave shall be conditional upon a plan for resident study, research, travel, or other activities proposed by the applicant, and deemed by the Board to benefit the school system, which plan shall be approved by the Board and not thereafter modified without approval of the Board. Before a leave is granted pursuant to this section, the applicant shall agree in writing that if, at the expiration of such leave, he does not return to and perform contractual continued service in the District for at least one (1) school year after his return, all sums of money received from the Board during his sabbatical leave will be refunded to the Board unless such return and performance is prevented by illness or incapacity. During absence pursuant to such leave, such teacher shall receive the same basic salary as if in actual service, except that there shall be deducted there from an amount equivalent to the amount payable for substitute service. However, such salary after deduction for substitute service shall in no case be less than the minimum provided by the School Code or one-half (1/2) of the basic salary, whichever is greater. The person on leave shall not engage in any activity for which salary or compensation is paid unless the activity is directly related to the purpose for which the leave is granted and is approved by the Board. A sabbatical leave may be granted to enable the applicant, if otherwise eligible, to accept scholarships for study or research. Unless justified by illness or incapacity, failure of any person granted a leave under this section to devote the entire period to the purposes for which the leave was granted shall constitute a cause for removal from teaching service. Upon expiration of a leave granted pursuant to this section, and upon presentation of evidence satisfactory to the Board showing compliance with the conditions of the leave, the teacher shall be returned to a position equivalent to that formerly occupied. The contractual continued service status of the person on sabbatical leave shall not be affected. Absence during a leave granted pursuant to this section shall not be construed as a discontinuance of service for any purpose, including progression on the salary schedule. The Board shall pay the contribution to the Teachers' Retirement System required of the person on leave computed on the annual full-time salary rate under which the member last received earnings immediately prior to the leave or a proportionate part of such rate for a partial year of sabbatical leave credit. 16

21 12.7 Factors Affecting Leave During the School Year. The following conditions will apply when bargaining unit members need to leave the district at sometime other than the normal end of the school year: (a) One hundred eighty (180) days will be the divisor used in per diem calculations. (b) When a teacher is required by contract to reimburse the district for cost of the substitute (as in extended sick leave, sabbatical leave, etc.), the cost of that substitute shall be equal to the Board's rate for an extended substitute teacher. That rate is currently Seventy Five Dollars ($75.00) per day. The Board shall notify teachers if a new rate of pay is set for extended substitute teachers Personnel Records. (a) Teachers may inspect the contents of their personnel records without written request. A teacher's designee may, upon written request by the teacher, inspect the teacher's personnel records. (b) Whenever possible, the inspection shall take place during normal working hours. (c) The contents of the file may not be taken from the premises, but the teacher may request a copy of all or part of his/her records and may be charged a fee equal to the actual costs of duplication. (d) The Board may take reasonable measures to protect the records from loss, damage, or alterations. (e) If a teacher disagrees with any information contained in his/her records, a removal or correction may be mutually agreed upon by the administration and the teachers. (f) If no agreement is reached on challenged material, the teacher may attach a written statement to any document. Such statement shall be made a part of the document for as long as the disputed document is part of his/her record. (g) The Board shall not gather or keep a record of an employee's associations, political activities, communications, or nonemployment activities unless requested by the employee in writing. (h) The prohibition in Section 12.8 (g) shall not apply to activities that occur on the school premises or during work hours and that interfere with the teacher's duties or those of other employees or activities. 17