COLLECTIVE BARGAINING AGREEMENT UNDER PENNSYLVANIA PUBLIC EMPLOYEE RELATION ACT FOR PANTHER VALLEY SCHOOL DISTRICT 1 PANTHER WAY, LANSFORD, PA AND

Transcription

1 COLLECTIVE BARGAINING AGREEMENT UNDER PENNSYLVANIA PUBLIC EMPLOYEE RELATION ACT FOR PANTHER VALLEY SCHOOL DISTRICT 1 PANTHER WAY, LANSFORD, PA AND THE PANTHER VALLEY EDUCATION ASSOCIATION 1 PANTHER WAY, LANSFORD, PA FROM August 28 until August 211 CONTRACT ADOPTED : November 6, 28

2 TABLE OF CONTENTS ARTICLE I PREAMBLE.1 ARTICLE II RECOGNITION..2 ARTICLE III SAVING CLAUSE 3 ARTICLE IV NO STRIKE NO LOCKOUT.3 ARTICLE V SENIORITY 4 ARTICLE VI PROFESSIONAL EMPLOYEE BENEFITS.4 ARTICLE VII SALARY SCHEDULES..18 ARTICLE VII SALARY SCHEDULE 19 ARTICLE VII SALARY SCHEDULE 2 ARTICLE VII SALARY SCHEDULE 21 ARTICLE VIII EMPLOYEE WORKING CONTIDITIONS..21 ARTICLE IX TEACHER EVALUATION/OBSERVATION 24 ARTICLE X LAY OFF AND RECALL..27 ARTICLE XI ASSIGNMENT AND TRANSFERS 3 ARTICLE XII MANAGEMENT RIGHTS..31 ARTICLE XIII GRIEVANCE PROCEDURE.32 ARTICLE XIV RIGHTS OF PROFESSIONAL EMPLOYEES.3 ARTICLE XV SICK LEAVE BANK..38 ARTICLE XVI SECTION 43b PLAN...39 ARTICLE XVII DURATION OF AGREEMENT..4 EXTRA CURRICULAR AND SUPPORT ACTIVITY STIPENDS.41 GRIEVANCE REQUEST FORM..43 MEMORANDUM OF AGREEMENT..47

3 PANTHER VALLEY SCHOOL DISTRICT COLLECTIVE BARGAINING AGREEMENT UNDER PENNSYLVANIA PUBLIC EMPLOYEE RELATIONS ACT Agreement made by and between Panther Valley School District of 1 Panther Way, Lansford, Pennsylvania AND The Panther Valley Education Association of 1 Panther Way, Lansford, Pennsylvania The Parties hereto agree as follows: ARTICLE I - PREAMBLE The Panther Valley School District Board of School Directors and the Panther Valley Education Association firmly believe that the primary function of the Board and its professional staff is to assure each boy and girl attending the Panther Valley Schools the highest level of educational opportunities obtainable. The Board recognizes teaching as a profession and believes with the association that the objectives of the educational program are realized to the highest degree when mutual understanding, cooperation, and effective communications exist between the Board and the Professional Staff. Page 1

4 A. EQUAL OPPORTUNITY EMPLOYMENT/AFFIRMATIVE ACTION Selection shall be based on the following: Education, Training, Experience, and Certification. Race, Religion, Gender, Age or Marital Status shall not be factors in the consideration of employment. ARTICLE II RECOGNITION Board of School Directors of the Panther Valley School District, Lansford, PA (l8232), hereinafter referred to as the "Board" and the Panther Valley Education Association, Lansford, PA (l8232), which association is, and has been recognized as, the bargaining agent for the bargaining unit as set forth in Paragraph IV of the Joint Request for Certification submitted heretofore to the Pennsylvania Labor Relation Board, as amended. Both parties mutually agree that the terms and conditions set forth in this agreement represent the full and complete understanding and commitment as of this date and this agreement may be altered, changed, added to, deleted from, or modified only through the mutual consent, in writing, of the parties hereto. Both parties also agree that this agreement sets forth the terms and conditions to which each party agrees to be bound, and that such Agreement has been reached voluntarily without undue or unlawful coercion or force by either party. Nothing in the above paragraphs shall be construed to deny the right of either party to the "Meet and Discuss" provisions of the Public Employees Relation Act of l97. Page 2

5 Except as expressly provided otherwise by this agreement, the determination and administration of school policy, the operation of the schools, and the direction of the employees, are vested exclusively with the Board. The Association, also referred to as the Bargaining Agent, is hereby recognized by the School District, also referred to as the Employer, as the bargaining agent for those Elementary, Middle and High School Teachers, Librarians, Guidance Counselors and Nurses, full and regular part-time para-professionals, health room aides, nurse assistants, hereinafter called the Bargaining Unit, and for the employees properly included in collective bargaining for public employees. ARTICLE III - SAVING CLAUSE If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to the law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by the law, but all other provisions or application of this Agreement shall continue in full force and effect. Anything to the contrary notwithstanding, nothing in this Agreement shall be deemed to constitute a waiver by the Board, or to deny and restrict the Board in the exercise of the rights, responsibilities, or authority granted to it under applicable statutes. ARTICLE IV - NO STRIKE -- NO LOCKOUT Both parties agree to faithfully abide by the provisions of Act 88 (as signed into law July 9, l992) and known as the Pennsylvania Public Sector Law. As a condition of the various provisions of the Agreement to which the parties have agreed, the Board pledges that it will not conduct, or cause to be conducted, a lockout during the term of this Agreement and the Bargaining Agent Page 3

6 pledges that members of the Bargaining Unit will not engage in a strike (as that term is defined in Section 3l/l97) during the term of this agreement. ARTICLE V SENIORITY Seniority means a teacher's length of service in years, months, and days in the Bargaining Unit, provided that the seniority of present teachers as of the effective date of this Agreement shall consist of their length of service from their initial date of employment within the District. Teachers shall be credited for seniority purposes with all time spent on any leave of absence provided in this Agreement. ARTICLE VI PROFESSIONAL EMPLOYEE BENEFITS The following benefits are effective from the first teacher workday of the school year until the day prior to the first teacher workday of the school year. If a Bargaining Unit Member is eligible for insurance, the following effective dates apply: Members of the Bargaining Unit hired prior to the 16 th of the month will have benefits and co-pay deducted effective date of hire. Members of the Bargaining Unit hired after the 1 th of the month will have benefits effective the first day of the month following date of hire. Co-pay will be deducted in the first full month of employment. The District will assume no liability for benefits or other monetary obligations not contained in this Article. Page 4

7 Section l The Board will provide for each member of the Bargaining Unit a term group life insurance policy, insuring each member in an amount equal to the starting rate on the salary schedules (B.S.) for each year of the contract. Section 2 The Board further agrees that for the length of this contract the Board will provide each member of the Bargaining Unit Blue Cross of Northeastern Pennsylvania First Priority Life or an equivalent plan for such employee and his or her eligible dependents. In addition, beginning August 21, 28 until the day prior to the first teacher workday of there will be a $. deduct (co-pay) per pay (26 per year) for all members of the Bargaining Unit. It is understood that the District shall establish a Section 12 plan which will allow these monies to be deducted as pretax dollars. Eligible Dependent is defined as: a) The employee's spouse under a legally valid existing marriage between persons of the opposite sex. b) The unmarried children, including newborn children, step-children, children placed for adoption, legally adopted children or other children who depend upon the employee for support or live with the employee in a parent-child relationship. The limiting age for covered unmarried children is to the end of the calendar year in which they reach age l9; or if a student enrolled full-time in an accredited university or college or in a technical or specialized school, the limiting age is not beyond the end of the calendar year in which they reach age 23. Page

8 c) Eligibility will be continued past the limiting age for the unmarried children, regardless of age, who are incapable of self-support because of mental retardation or physical handicap, mental illness or development disability and who are dependent for support upon an employee covered under this contract. The plan may require proof of such subscriber's eligibility from time to time. Page 6

9 Section 3 The Board will provide for each member of the Bargaining Unit a basic program of prepaid protection with United Concordia/Concordia FlexDental Plan or an equivalent plan which includes the Basic Program, Supplementary and Orthodontics, covering such employee and his or her eligible dependents as defined in Section 2. The premium cost for fringe benefits associated with the Dental Plan will have a cap of 6% for each year of this contract. Any cost to the District more than 6% from the previous year will be deducted from each member s pay (26 pays) for each remaining year of this contract. The District and P.V.E.A. shall review the deductible amount each year of the contract for P.V.E.A. members. Section 4 The Board will provide for each member of the Bargaining Unit: a) Dental - Rider A to allow Oral Surgery for the employees and his or her eligible dependent as defined in Section 2. b) The premium cost for fringe benefits associated with the Dental Plan will have a cap of 6%. Any cost to the District more than 6% from the previous year will be deducted from each member s pay (26 pays). The District and P.V.E.A. shall review the deductible amount each year of the contract for the P.V.E.A. members. c) The Prescription Drug Plan will have a co-pay of $1. for each member of the Bargaining Unit and eligible dependents. d) Vision Care on a l% basis with coverage equivalent to Vision Benefits of America for employee and his or her dependents as defined in Section 2. The District will have members of the bargaining unit by use of the following rates deduct any differences in the Vision Program set rate. Family $l4. and Single $.. Page 7

10 Section The Panther Valley School District will provide for all members of the Bargaining Unit an Income Protection Plan which will provide $9 per month for the length of the contract. a) Sickness benefits to age 6 b) Accident benefits for lifetime. Benefits are to begin at the end of the 3th calendar day. Monies received by an employee under this plan will be returned to the school district until such time as all accumulated sick leave is used, and said returned monies are to be used to help defray the per premium cost and/or increase teacher benefits under said Income Protection Plan. Section 6 Each employee will be afforded two personal days per school year. The employee will be allowed to accumulate a maximum of five personal days which can be used in any combination. The building principal or designated person shall receive at least twenty-four (24) hours notice from an employee when a personal day is requested. Personal days will be granted at the discretion of the respective building principal, designated person, or Superintendent of the Panther Valley School District. These days shall not be denied arbitrarily. No personal day will be granted on the work day immediately preceding or the work day immediately following any school holiday, except in the case of an emergency which must be properly reported. These personal days are exclusive of all days provided by law. Any unused personal days in excess of five, shall be converted to sick days and added to the total sick days available to the employee. Page 8

11 Section 7 The Panther Valley School District will provide tuition reimbursement for nine of the twenty-four (24) credits earned for certification. The reimbursement shall be limited to twelve (l2) credits in any one calendar year and shall be at the actual cost of the Kutztown University fee for undergraduate and graduate credits. All courses must be taken in the teacher's field of certification or a program related to the work performed by the teacher. All courses must be pre-approved by the Board of Directors on the recommendation of the Superintendent and upon evidence of successful completion certified, by the Superintendent, for payment. Specifically, no reimbursement shall be made if monies are received for the credits from another source and/or the teacher fails to remain an employee of the Panther Valley School District for one year after completing the course or courses. If the teacher fails to remain in the Panther Valley School District for one (l) year after completing the course or courses, said teacher must pay the district for the course or courses for which they received reimbursement. In an effort to encourage the preparation of professional employees as principals, the Board shall provide tuition reimbursement for up to eighteen (18) credits toward PA Principal certification, with appropriate safeguards to the district, including : a) Interested party shall hold Level II certification and shall submit a written plan to obtain Principal certification to the Superintendent for Board pre-approval. b) A written contract including courses to be taken, a sequence, and a time frame shall be prepared and approved by the board. c) No reimbursement shall be made if monies are received for the credits from another source. d) Complete reimbursement by the staff member of the district for all courses taken in the plan shall be made if the teacher fails to remain in the district for three years Page 9

12 after completing the plan. Reimbursement shall not be made under the one year rule for individual courses taken, i.e. failure to remain a district employee for one year after completing a course. Complete reimbursement by the staff member to the district shall be made in the event of failure of an employee to remain in the district. Section 8 Members of the Bargaining Unit having ten (l) years of service in the school district shall on retiring receive severance pay twenty-four dollars ($24.) per day. Members of the Bargaining Unit having twenty (2) year of service in the school district on retiring shall receive severance pay of twenty-nine dollars ($29.) per day. In service death, unused sick day monies will be paid to beneficiary. Those bargaining unit members retiring in the second and third years of the new contract with 1 years of service and who meet the current eligibility requirements shall receive $2 per unused sick day, and those who have 2 years of service with the District shall receive $32 per unused sick day. Those bargaining unit members retiring in the third year of the contract with 2 years of service to the District and who meet the eligibility requirements will receive $3 per unused sick day. Section 9 During each year of the agreement, ten (l) sick days per year will be provided for all members of the Bargaining Unit. A doctor's certificate may be required to substantiate sick leave extending for three (3) consecutive work days or more. The Board and the Association agree that excessive undocumented or patterned absences of staff are detrimental to the continuity of student Page 1

13 learning. In the event that it is a proven fact that a member of the Bargaining Unit took a work day or work days of sick leave and was not sick, the following shall occur: a) For any such occurrence, the member of the Bargaining Unit agrees to pay to the School District any amount equal to the member's daily compensation times the number of days absent. b) In the event of a personal injury, loss, personal property damage or destruction occurring during the course of job related activities except as otherwise excluded herein, the School District shall compensate members of the Bargaining Unit for out of pocket expenses including medical, surgical, or hospital expenses. The School District will also pay the bargaining unit member for any loss of wages not covered by insurance to the extent of the full salary of said member, less any amounts received from workers compensation or other disability compensation received, if applicable. In no case shall there be duplication of workers compensation and sick leave benefits. c) Beginning with the effective date of ratification of a new agreement, three of a Bargaining Unit Members available days of sick leave per year may be used for absences due to illness in the bargaining unit member s family. Family is defined as parents, mother-in-law, father-in-law, spouse, children, step-children, brother, sister, grandparent, and grandchild. Section l A total of six (6) work days shall be permitted without loss of salary for representatives of the Panther Valley Education Association to attend conventions or meetings of the Pennsylvania State Education Association. The P.V.E.A. agrees to reimburse the school district for any substitute teacher which is hired. Page 11

14 Section ll The School District shall pay to members of the Bargaining Unit the lesser of the value of personal property that is used for educational purposes only, lost, damaged or destroyed, or the cost of repair thereof, when said loss, damage or destruction occurred while said member is working in the course of employment except: a) That no payment shall be made if the loss, damage or destruction is covered by insurance. b) That no payment shall be made if the loss, damage or destruction is caused by the intentional or negligent act of the member of the Bargaining Unit. c) That no payment shall be made if the loss, damage or destruction is in excess of $2., with the understanding that the District shall pay up to $2.. Section l2 Fair Share Clause: a) Each non-member in the bargaining unit represented by the Association shall be required to pay a fair share fee as provided for by Act 94 of l988. b) The School District and the Association agree to comply with all provisions of said law. c) The Association agrees to extend to all non-members the opportunity to join the Association. d) If any legal action is brought against the School District as a result of any action it is requested to perform by the Association pursuant to this Article, the Association agrees to provide for the defense of the School District at the Association expense and through counsel selected by the Association. The School District agrees to give the Association immediate notice of any such legal action brought against it, and agrees to cooperate fully with the Association in the defense of the case. If the School District does not fully cooperate with Page 12

15 the Association, any obligation of the Association to provide a defense under this Article shall cease. e) The Association agrees in any action to defend, to indemnify and hold the School District harmless for monetary damages the School District might be liable for as a consequence of its compliance with this Article: except that it is expressly understood that this save harmless provision will not apply to any legal action which may arise as a result of any willful misconduct by the School District or as a result of the School District's failure to properly perform its obligations under this Article. Section l3 The Board will provide IRS rate per mile in effect at the beginning of each calendar year to Bargaining Unit members for mandatory travel under their professional contracts or under the terms of employment for temporary professional employees, excluding travel to and from school as member begins and ends employment each work day. Each member requesting mileage shall submit a monthly report, requiring Board approval, setting forth the starting point, destination and total mileage for each trip taken. Section l4 The Board may grant, upon application to the Board, leave of absence without pay for up to one (l) school term with the option to apply for consideration for renewal for no longer than one (l) additional school term. It is understood that the employee at his/her request may continue and pay for fringe benefits, provided the insurance carrier agrees to inclusion, and advance payment to the District's Business Office. The employee must give the Board ninety (9) calendar days notice prior to the beginning of the start of the second school term. Page 13

16 Section l Retirees who have reached the age of fifty-five (), and are not eligible for the school district retirement incentive plan, have the option to continue, at their expense, membership in Blue Cross of Northeastern PA First Priority Life or an equivalent plan, and any other benefits to which they are eligible until the age of sixty-five (6) so long as the approval of the various insurance companies is obtained. Section l6 Employees with at least thirty (3) years of PSERS Qualified Service and twenty (2) years of service in the Panther Valley School District and who are at least years of age and elect to retire shall receive the retirement incentive listed below. The age requirement shall be waived in the event of state legislation authorizing a 3 and out window. Incentive Payment Years of Service Incentive Payment 3-3 $1, 36 8, 37 6, 38 4, 39 2, 4 The Panther Valley School District shall pay the "Incentive Payment" to the employees designated 43b plan on the last teacher work day of the school year the employee retires. The district shall pay the "Incentive Payment" to the employee designated beneficiary or to his/her estate if the employee dies on or between the date employee notifies the district of their retirement and last Page 14

17 scheduled work day. To be eligible for "Incentive Payment", employees must notify the district ninety (9) calendar days prior to their retirement date. Any member of the Bargaining Unit who retired prior to the effective date of this contract, before the age of 6 with at least twenty-five (2) years PSERS qualified service and twenty (2) years of service in the Panther Valley School District, and at least years of age, will have paid benefits as listed for employees and spouse: (Blue Cross of Northeastern Pennsylvania First Priority Life; and Prescription or an equivalent plan). Spousal coverage for those retirees who are eligible for such coverage terminates at the same time the retirees coverage terminates or when the spouse reaches age 6 whichever comes first. If the employee dies before age 6, the spouse will receive six additional months of spousal coverage beginning on the day of death of the retiree. Any member of the bargaining unit who retires after the effective date of this contract and meets the eligibility requirements as set above will have benefits for employee only. The premium cost for fringe benefits associated with retirement (Blue Cross of Northeastern Pennsylvania Access Care II) will have a cap of % for the length of this contract for all existing retirees and for any bargaining unit member who retires under this plan. Any cost to the district more than % from the previous year will be billed to each retired member monthly for the length of this contract. Also, the Prescription Drug Plan will have the following deductible: a) $1. brand or generic name prescription Memorandum of Agreement to be executed by the parties as follows : Page 1

18 The parties recognize the questions surrounding the legality of the provisions of Article VI, Sections 1 and 16, concerning medical benefit cutoff age of sixty-five (6). Should either party determine the legality of these provisions requires the current language to be modified, that party shall be entitled to require the other party to bargain appropriate changes. Any such request to bargain will not constitute a reopening of any other provisions of the collective bargaining agreement. If the parties are unable to agree to a revision, the dispute shall be submitted to last best offer binding arbitration in accordance with Formal Step IV of the Grievance Procedure. Section 17 Death In Family: In the event of a death in an employee s family, up to three (3) days paid leave wil be allowed for attending the funeral. Immediate Family is defined as parents, mother-in-law, father-in-law, spouse, children, step-children, brother, sister, grandparent, and grandchild. The Board reserves the right to require satisfactory verification of death and relationship. Section 18 Death of Near Relative: In case of absence on account of the death of a near relative of said employees (first cousin, aunt, uncle, niece, nephew, son-in-law, daughter-in-law, brother-in-law, sister-in-law, spouse s grandparent) not residing in the same household or with whom the employee has not made his or her home, absence with full pay shall be allowed the day of the funeral provided interment is on a regularly-scheduled work day. However, the Board may extend the period of absence without pay at its discretion, recommended by the Superintendent. Section 19 Page 16

19 Juror Duty: Members of the Bargaining Unit called upon and reports for service as a juror shall be paid by the District for each such day of service on which he/she otherwise would have worked. In order to qualify for payment, an employee shall furnish a written statement from the appropriate public official showing the dates and times served and amount of pay received. Juror payment must be submitted to the District Business Office in order to receive district payment for day(s) of service as a juror. Section 2 Conferences: Any employee Board approved to attend a conference associated with the maintenance of a person s job, will be paid regular wages for the length of time in attendance. Travel and meals will be paid within District guidelines. ARTICLE VII SALARY SCHEDULES Salary scales are set forth below: Page 17

20 Panther Valley School District (Base Year) Steps to Top Old System BS M/M Eq ,21 34, ,1 34, ,97 3, ,11 3, ,47 3, ,61 36, ,81 37, ,94 39, ,38 4, ,94 42, ,1 43, ,7 4, ,64 46, ,2 48, ,77 49, ,24 1, ,7 2,88 Page 18

21 4 18 3, , , ,96 7 Top 22 6,7 4,,9 7,7 9,147 61,7 Page 19

22 Panther Valley School District Steps to Top Old System BS M/M Eq M ,91 3,27 3, ,21 3,7 36, ,67 36,2 36, ,81 36,17 36, ,17 36,2 37, ,31 37,67 38, ,1 38,87 39, ,64 4, 4, ,8 1 41,436 41, , ,1 43, , ,67 4, , ,133 46, , ,698 48, ,9 9 49,264 49, ,47 4,829 1, ,94 2,29 2, ,4 3,76 4, ,2,37, ,47 6,82 7, ,27 8,62 9, ,66 7 6,22 6,2 2 Page 2

23 Top 22 61,27 62,62 63,12 Page 21

24 Panther Valley School District Steps to Top Old System BS M/M Eq M+1 M ,68 36,24 36,74 37, ,98 36,4 37,4 37, ,44 37, 37, 38, ,8 37,14 37,64 38, ,94 37, 38, 38, ,8 38,64 39,14 39, ,28 39,84 4,34 4, ,41 4,97 41,47 41, ,8 1 42,411 42, , , ,976 44, , ,98 2 4,42 46,4 2 46, ,4 8 47,18 47,6 8 48, , ,673 49, , ,67 9,239,73 9 1, ,24 4 1,84 2,3 4 2, ,71 3,27 3,77 4, ,17 4,73,23, ,79 6,3 6,8 7, ,24 7,8 8,3 8, ,4 9,6 6,1 6, ,43 7 6,997 61, ,99 7 Top 22 62,4 63,6 64,1 64,6 Page 22

25 ARTICLE VII SALARY SCHEDULE Extracurricular Activities :See Extra Curricular and Support Activity Stipends Attached. (Attachment B) Any member of the Bargaining Unit, having been employed by the District as sponsor/advisor of an activity listed in this agreement will be paid the salary as indicated in Attachment B. For any activity not listed in this agreement, it shall be the duty of the sponsor/advisor to inform both parties to this agreement that he/she wishes to be included in this agreement. It is understood by both parties that participation as a sponsor/advisor is voluntary on the part of the employee. All Activities positions shall be posted. ARTICLE VII - SALARY SCHEDULE HOMEBOUND $3/hr $3/hr $3/hr DETENTION $26/hr $26/hr $26/hr MONITORING $26/hr $26/hr $26/hr All other professional services $3/hr $3/hr $3/hr ARTICLE VIII - EMPLOYEE WORKING CONDITIONS Section l. It is agreed that each member shall be contracted for a term of employment of one hundred eighty-six (186) working days, including six (6) work days of in-service or Act 8 activities. Both parties agree that the school year may start before September l and end before August 3l, and that Page 23

26 the bargaining unit agrees not to seek additional compensation for the year starting prior to September l. All members of the bargaining unit shall attend staff meetings at the beginning or the end of the day as requested by building principals, an evening Open House in September or October, or late afternoon/evening parent-teacher conferences, and an evening Open House in the Spring. The total amount of time for these professional obligations shall not exceed twelve (12) hours for a school year, to be used as follows : a) A maximum of six (6) meetings per school year of a duration not greater than one (1) hour will be conducted contiguous to the school day. b) Three (3) hours may be scheduled for an Open House or parent-teacher conferences in the fall. c) Three (3) hours may be scheduled for an Open House or parent-teacher conferences in the spring. d) Dates of faculty meetings and the Open House will be published at the beginning of the school year. Section 2 The work day shall be seven (7) hours for all teachers, including a fifteen (l) minute student tutorial/staff development/in-service time. Section 3 The regular school lunch period for each teacher shall be thirty (3) minutes in each work day, which shall be duty free and which shall be included in the regular seven (7) hours daily work schedule. Page 24

27 Page 2

28 Section 4 Nothing contained herein prohibits or limits the rights and responsibilities of the administration in assigning any extra duties normally associated with the teaching profession. It is the responsibility of each teacher to provide the highest quality of education for every pupil. This includes daily preparation, participation in activities of the school, parent/teacher conferences, being available to aid students, and staff meetings. Section All members of the Bargaining Unit will have readily available weekly lesson plans for review by the building principal at the beginning of school each Monday morning. Section 6 In order to achieve curriculum development, conduct departmental meetings, facilitate building meetings, and other professional and educational related business, it may be necessary to institute school release work days. On such work days an early dismissal of pupils may be necessary to accomplish the foregoing goals. Requests for school release work days shall be submitted to the building principal in writing. All requests will be reviewed by the Superintendent, and if found sound, and if approved by the Board, the Superintendent shall submit a request to PDE for Act 8 exceptions days. Section 7 The Panther Valley Education Association and Panther Valley School District agree to continue the standards earlier established by the parties as set forth below: Page 26

29 a) School shall be dismissed for students and teachers two hours early in each building on the last day preceding the Thanksgiving, Christmas, and Easter holidays. b) School shall be dismissed for teachers and students at ll: High School. ll:3...middle School, l2:...elementary School on the last day of school (Day l8). Section 8 Effective for the duration of this contract the Guidance Counselors and nurses, upon the recommendation of each building principal and the approval of the Board of Directors, will begin their work year a maximum of five () work days prior to the start of the Panther Valley school year for students and finish their work year a maximum of five () days following the Panther Valley school year for students. Each Guidance Counselor and nurse will be paid l/l86th of their base salary for each of the ten (l) days. ARTICLE IX - TEACHER EVALUATION/OBSERVATION Section l The parties agree that the primary objectives of the observation and evaluation of teachers is to improve the quality of learning conditions for the student and the quality of teaching. Page 27

30 Section 2 The Association agrees that the responsibility for determining the efficiency and effectiveness of its teaching staff is one of the primary obligations of the Board within its public duty to insure the optimum efficiency of the educational system. Section 3 The Board agrees that it shall determine by whom and when teachers will be observed and evaluated, which methods of observation and evaluation shall be used, and what action shall be taken as a result of the evaluation, or rating forms or any criteria other than those required by the Pennsylvania Department of Education shall be mutually agreed to by the parties hereto. Section 4 The parties agree that, because of the possibility of dismissal which is closely attendant to the observation and evaluation, and rating of teachers, no matter of observation and evaluation or discipline, or dismissal following any evaluation shall be subject to any grievance or recourse other than provided by law. Section Monitoring or observation of the work performance of a professional employee and of a temporary employee shall be conducted with full knowledge of the employee. Section 6 Each observation, pertaining to a written observation report shall last for at least forty-five (4) minutes or one full period, whichever is longer. Page 28

31 Section 7 A written critique of each observation, including specific suggestions for improvement, shall be given to the employee within five () teacher work days following such observation. Section 8 An employee shall be afforded the opportunity for a personal conference with the observer within five () teacher work days after the receipt of the written observation or evaluation. The employee shall have the opportunity to have present at such a conference a representative of the Association. Section 9 No negative or unsatisfactory rating of an employee shall be made unless the evaluator has made, in writing, specific suggestions for improvement. Section l Employee shall be given copies of all written evaluations, satisfactory or unsatisfactory, within five () teacher work days of any observation or evaluation. Section ll An employee has the right to respond to any observation report and the response shall become attached to the observation report. Page 29

32 Section l2 An employee's observer and the employee shall take affirmative action to correct any cited deficiencies. Such action shall include specific recommendations for improvement, direct assistance in implementing such recommendations. Upon recommendation of the observer release time may be granted for the employee to visit and observe similar classes. ARTICLE X - LAY OFF AND RECALL Section l The Pennsylvania School Code includes certain job security provisions, certification, and other regulatory provisions associated with various classes of employees. The parties hereby agree that such provisions of the School Code represent their complete agreement and that said provisions shall govern the manner in which the job security, job progression, and reduction in force practices shall be affected with respect to members of the Bargaining Unit, except suspensions and furloughs which shall be on the basis of district wide seniority in the field of one's certification and if a reduction in staff becomes necessary, notice of such reduction will be made to the teacher and the Panther Valley Education Association by July l for the succeeding school year. In all cases, the Board shall attempt by the process of attrition to avoid employee furloughs. Section 2 Whenever the Board deems it necessary to reduce the number of teaching staff due to declining enrollments teachers shall be furloughed in the reverse order of seniority in their areas of certification. Furloughed teachers holding professional certification shall be placed on a recall list for any future vacancies in their areas of certification. Page 3

33 Should a vacancy occur, the district will offer the position to teachers on the recall list in writing. The teacher must notify the district within ten (l) calendar days of acceptance of the position. Failure to do so will result in removal from the recall list. Section 2A A furloughed employee shall remain on the preferred recall list for a period of one (l) year. After the expiration of one (l) calendar year, the employee shall within thirty (3) calendar days of said year, notify the district in writing of their current address and their intent to accept the same or similar position when offered. At that time the employee will remain on the preferred recall list for an additional year. Failure of the employee to notify the district within thirty (3) calendar days after one year of furloughed date, will result in the employee being removed from the preferred recall list. Copies of the preferred list shall be given to the Association with additions or deletions supplied by the Board. Section 2B A furloughed employee shall remain on the preferred recall list for a period of one (l) year. After the expiration of one (l) calendar year, the employee, by due notification of the Board, shall remain on the preferred recall list for an additional two (2) calendar years. Copies of the preferred list shall be given to the Association with additions or deletions supplied by the Board. Section 3 The Board shall send notice, by certified mail, of such vacancy to the furloughed employee(s) at the employee's last known address, and the President of the Panther Valley Education Association. No action shall be taken to fill the vacancy until a direct response from the furloughed Page 31

34 employee is received. In the event that the furloughed employee fails to accept within a thirty (3) calendar day period after the sending of the notice, the employee shall be passed over for vacancy and that employee's name shall be removed from the preferred recall list. The furloughed employee shall be responsible for notifying the Board of his or her current address. Section 4 Seniority shall not continue to accrue during suspension and only accrue on the following leaves of absence: (A) Sabbatical Leave, (B) Military Leave, (C) Exchange Teacher Leave as defined in section of the School Code, (D) Leave as defined in Section 22.l of the School Code. Section In the event that any provision of this furlough and recall article shall be in conflict with any provision of the School Laws of Pennsylvania as the same may be amended from time to time, the School Law shall prevail. Section 6 A furloughed employee for a period of three (3) months shall continue medical insurance benefits provided at the expense of the district at no cost to the employee subject to agreement by Blue Cross/Blue Shield.A furloughed employee for a period of three (3) months, shall continue life insurance benefits provided at the expense of the district at no cost to the employee subject to agreement of the insurance carrier. Section 1 ARTICLE XI ASSIGNMENT AND TRANSFERS Page 32

35 For any vacancy (vacancy is defined as furloughed, retirement, death, transfer, illness, or disability, or a new position) within the Bargaining Unit, the Superintendent shall promptly post notice of such vacancies in all buildings, on faculty bulletin boards, so that all members of the Bargaining Unit shall have ample opportunity to be made aware. During the summer a notice shall be sent with paychecks and/or direct deposit receipts to all employees. Any member of the Bargaining Unit may apply for such vacancy. No vacancy shall be filled until all qualified Bargaining Unit applicants have been interviewed. All Bargaining Unit applicants shall be notified in the above manner when said position has been filled. The selection of the person to fill any vacancy, however, shall be made by the sole discretion of the Board and its Administrators, and its decision shall be final and binding. Section 2 Whenever a vacancy (vacancy is defined as furloughed, retirement, death, transfer, illness, or disability, or a new position) or transfer occurs or is necessary, the professional employee with the most seniority in his/her certification shall receive primary consideration for the position within his/her department by the Board and its Administrators. The employee must have worked under this certification within the last seven (7) years. In the event the employee would be the individual furloughed, he/she has the right to a position in any field in which he/she is certified. Page 33

36 Section 3 Teachers will be notified in writing by the Superintendent and/or the building Principal of any change in the teaching assignment at least thirty (3) calendar days prior to the start of the new school year, unless an emergency or unforeseen circumstance, as defined in Management Rights Article XII (E), arises. Section 4 Members of the Bargaining Unit may apply for transfers to different buildings or positions. Such requests shall be made in writing to the Superintendent. Any member of the Bargaining unit not granted his/her request shall be notified in writing of this decision, and the Board s decision shall be final and binding, subject to grievance procedure. If a conference by an employee is requested to discuss reason(s) transfer was not granted, this request shall be granted by the Superintendent. ATICLE XII MANAGEMENT RIGHTS It is understood by the parties that under the laws of the Commonwealth of Pennsylvania, the Board is forbidden to, and by this agreement, does not waive any rights or powers granted it by such laws. Management of the Panther Valley School District is vested solely with the Board. The Board shall have the exclusive right, subject to the provisions of this Agreement and consistent with applicable laws and regulations : a) To direct employees in the performance of their official duties; b) To hire, promote, transfer, assign, and retain employees in positions within the school district and to suspend, demote, discharge, or take other disciplinary action against such employee; c) To maintain the efficiency of the operations entrusted to it; Page 34

37 d) To determine the methods, means, and personnel by which such operations are to be conducted; e) To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which call for immediate action in a situation which is not expected to be of a recurring nature. ARTICLE XIII GRIEVANCE PROCEDURE (See Attachment C) Section 1 Parties to this agreement agree that an orderly and expeditious resolution of grievances arising out of the interpretation of the terms if this agreement shall provide for a four (4) step process, which is described in the following paragraphs and the table attached hereto. Step I. Person or persons initiating the alleged grievance shall present the grievance, in writing, either individually or through the Association s school representative, on forms prepared by the employer and attached to this contract, to the first level supervisor (High School Principal, Middle School Principal, or Elementary School Principal) within ten (1) teacher work days after its occurrence. The First Level Supervisor shall reply in writing to the grievant within ten (1) teacher work days after the initial presentation of the grievance. Step II If the action in Step I fails to resolve the grievance to the satisfaction of the affected parties, the grievance shall be referred to the Superintendent in writing within five () teacher work days. The Superintendent shall reply in writing to the grievant within five () teacher work days. Page 3

38 Step III If the action in Step II fails to resolve the grievance to the satisfaction of the affected parties, the grievance shall be referred to the Board of Education through the Secretary of the Board, in writing, within five () teacher work days and the Board shall reply at the next official Board meeting on said grievance, providing the Board has at least ten (1) teacher work days notice of the grievance prior to the meeting. Notification of the Board s decision will be provided, in writing, to the grevient within fifteen (1) teacher work days of the completion of the hearing. Step IV If the action in Step III fails to resolve the grievance to the satisfaction of the association, the grievance shall be referred to binding arbitration as provided in Section 93 of Act 19. The association shall notify the Board, in writing, within ten (1) teacher work days that the action in Step III failed to resolve the grievance to the satisfaction of the association. Within ten (1) teacher work days parties shall mutually agree on the selection of an arbitrator. If parties cannot agree, they shall immediately notify the Bureau of Mediation. The Bureau of Mediation shall then submit the names of seven (7) arbitrators. Each party, beginning with Board, shall alternately strike a name until one (1) name remains, the person remaining shall be the arbitrator, in making a decision as to the merits of the grievance, shall not add to or modify in any way, the terms and conditions of the contract under which the grievance is instituted. Page 36

39 Section 2 The cost of arbitration shall be shared equally by the parties. Fees paid to the arbitrator shall be based on a schedule established by the Bureau of Mediation. Costs involved in preparation for arbitration shall be born by the respective parties. Section 3 If any grievant fails to meet the requirements as established in the procedures under Section I of this article, action on the grievance shall be deemed final. If the employer at any step fails to render its decision within the time periods established, the grievant shall have the right to appeal the dispute to the next level. Section 4 In the event a grievance is filed at such time that it cannot be processed through all the stages in the grievance procedure by the end of the school year, the limits set forth herein shall be adhered to throughout the recess. Teacher work days are defined as those days Monday through Friday. Section. No meeting or hearing under this procedure shall be conducted in public and shall include only such parties involved and their selected representatives. Page 37

40 Section 6 It shall be the firm policy of the Board to assure to every member of the Bargaining Unit the use of the grievance procedure without fear of reprisal or without prejudice in any manner to his professional or employment status. ARTICLE XIV RIGHTS OF PROFESSIONAL EMPLOYEES Section 1 No professional employee shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause. Whenever any professional employee is required to appear before the Superintendent and/or Board concerning any matter which could adversely affect the continuation of that employee in his office, position of employment, or salary, then he/she shall be entitled to have representative of the Association to advise him/her and represent him/her during such meetings. Section 2 Any adverse criticism of a professional employee or a temporary professional employee relative to his or her duties, responsibilities and/or competence under his/her professional contract, or under terms of his/her employment as a temporary professional employee, and any member of the Bargaining Unit engaged in extra-curricular activities set forth in Attachment B of the contract between the Board and the Panther Valley Education Association, by a Supervisor, Administrator, or Board Member shall be made in confidence and never in the presence of students or parents or news media. Any adverse criticism of a Supervisor, Administrator, or Board Member by an employee relative to his/her duties, responsibilities, and/or competency as a school official, shall be made in confidence and never in the presence of students or parents or news media. Page 38

41 Section 3 The Board agrees that no member of the collective Bargaining Unit shall be disciplined without just cause. Loss of compensation for extra-curricular activities in excess of base salary is not discipline, within the meaning of the preceding sentence. Assignments, reassignments or transfer of teachers is not discipline, within the meaning of the preceding sentence. Section 4 No members of the Bargaining Unit shall be required to perform secretarial duties as such. Section Board policy and past practices, regarding members of the Bargaining Unit, shall not be changed until an opportunity has been given to the Association to meet and discuss with the Policy Committee of the Board the change proposed. The final determination, however, being reserved to the Board. Section 6 Any notice to be given to either of the parties to this Agreement shall be in writing. Page 39

42 Section 7 All conditions of employment, including length of the school day (except under extenuating circumstances) and extra compensation for the duties outside regular teaching hours shall be maintained at not less than the highest standards in effect at the time of this agreement is signed, provided that such shall not be interpreted or applies to deprive teachers of professional advantages heretofore enjoyed unless expressly stated herein. Section 8 a) Any member of the Bargaining Unit shall have the right at any reasonable time to review the contents of his/her confidential file. b) Any member of the Bargaining Unit shall have the right to submit a written commentary to any material placed in his/her file and such written comments shall be attached to the item in question in his file. c) No unsigned item shall be placed in the file of a member of the Bargaining Unit. d) The examination of an employee s file shall be limited to professional supervisory personnel. Each file shall contain a record indicating who has reviewed it, the date reviewed, and the reason for such review. Page 4