MASTER AGREEMENT JENISON PUBLIC SCHOOL DISTRICT JENISON SCHOOLS' SECRETARIAL PARAPROFESSIONAL ASSOCIATION (MEA-NEA)

Transcription

1 MASTER AGREEMENT JENSON PUBLC SCHOOL DSTRCT AND THE JENSON SCHOOLS' SECRETARAL PARAPROFESSONAL ASSOCATON (MEA-NEA) JULY 1,1994-JUNE 30,1996 Mchgan State Unversty LABOR AND NDUSTRAL RELATONS LBRARY

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3 PREAMBLE Ths Agreement s entered nto, effectve July 1, 1994, by and between the Board of Educaton of the Jenson Publc Schools, Jenson, Mchgan, herenafter called the "Board," and the Jenson Secretaral/Paraprofessonal Assocaton/Mchgan Educaton Support Personnel Assocaton/MEA/NEA, herenafter called the "Assocaton." WHEREAS, the Board has a statutory oblgaton to bargan wth the Assocaton wth respect to hours, wages, terms and condtons of employment, and, WHEREAS, the partes have reached certan understandng whch they desre to confrm n ths Agreement: THEREFORE, n consderaton of the followng mutual covenants, the partes hereby agree as follows:

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5 ARTCLE 1 Recognton The Board recognzes the Assocaton as the sole and exclusve barganng representatve for all secretares, assstants, clerks, bookkeepers, meda assstants, graphc/offset techncan, swtchboard operator and receptonst. Excluded are supervsors, substtutes, probatonary employees, students, secretary to the Drector of Personnel, secretary to the Superntendent/Drector of nstructon, secretary to the Drector of Operatons, the Drector of Accountng Servces and all other employees. The term "employee(s)" when used herenafter n ths Agreement, shall refer to all personnel represented by the Assocaton n the barganng unt defned above. Defntons: A substtute s one who replaces a member of the barganng unt who s absent from work for any reason. A student s one who s enrolled n a regular course of study for hgh school credt. A probatonary employee s one hred to fll a vacancy n the barganng unt for a tral perod of employment not to exceed thrty (30) workng days. A full-tme employee s one who s regularly scheduled to work thrty (30) or more hours per week. A part-tme employee s one who s regularly scheduled to work fewer than thrty (30) hours per week.

6 ARTCLE 2 Assocaton Rghts B 1. An employee who s a member of the Assocaton, or who has appled for membershp, may sgn and delver to the Board an assgnment authorzng deducton of dues of the Assocaton, whch sum shall be establshed by the Assocaton. Such authorzaton shall contnue n effect from year to year unless revoked n wrtng between June 1 and September 1 of any year. Pursuant to such authorzaton, the Board shall deduct one-tenth (1/1 Oth) of such dues from ten (10) regular salary checks of the employee, begnnng wth the frst two (2) regular pays n October and monthly thereafter from the frst paycheck of» the months November through June. 2. Each barganng unt member shall, as a condton of employment, wthn thrty (30) workng days of the begnnng of ther employment: a. Jon the Assocaton and authorze deducton of membershp dues pursuant to Secton A above, or b. Pay a servce fee to the Assocaton equvalent to the amount of dues unformly requred of the members of the Assocaton, less any amounts not permtted by law. The barganng unt member may authorze payroll deducton for such fee. n the event that the barganng unt member shall not pay such servce fee drectly to the Assocaton or authorze payment through payroll deducton, the Board shall pursuant to statutory authorty and at the request of the Assocaton, deduct ths servce fee from the barganng unt member's wages and remt same to the Assocaton. Payroll deductons made pursuant to ths provson shall be made n equal amounts, as nearly as may be, from the paychecks of each barganng unt member. Mones so deducted shall be remtted to the Assocaton along wth the dues deducted from Assocaton members. Should there be an objecton to the proper amount of the servce fee to be deducted, the employee must exhaust the nternal procedures of the Assocaton for revew of such objecton pror to pursung any other procedure for contestng the amount of the fee. The amount of the servce fee s not subject to the grevance procedure or the arbtraton provsons of the Agreement. _. The Assocaton agrees to ndemnfy and save the Board, and ncludng each ndvdual school board member, harmless aganst any and all clams, demands, costs, suts, or other forms of lablty ncludng back pay and all court or admnstratve agency costs that may arse out of or by reason of, acton by the Board for the purpose of complyng wth sectons _ 1 and 2 of ths artcle of the Agreement. 4. The Board agrees to furnsh the Assocaton all avalable publc nformaton concernng the fnancal resources of the dstrct and whch may be necessary for the Assocaton to process any grevance or complant. 5. The Assocaton shall have the rght to use the facltes and the offce, audo-vsual, and busness equpment n the school buldngs at reasonable tmes when such facltes and equpment are not otherwse n use. The Assocaton shall furnsh or pay for the reasonable cost of all materals and supples ncdental to such use and wll be responsble for the cost M

7 of repars or any damage or loss drectly attrbutable to napproprate or mproper use, and provded further than such repar or loss s not covered by nsurance, warranty, and/or servce agreements. 6. The Board shall notfy the Assocaton wthn ten (10) days of any new employees ncludng ther startng date and classfcaton. 7. The Assocaton shall be provded a total of twenty-four (24) hours wth pay to be used by ts offcers or members to conduct Assocaton busness. Up to forty (40) hours wthout compensaton shall be granted by the Board. Requests for such leave shall be presented to the Board at least fve (5) workng days pror to the proposed absence. A maxmum of four (4) employees may be absent for ths purpose at any one tme wth no more than two (2) employees from any one wage classfcaton unless authorzed by the Drector of Personnel. 8. An employee, who durng hs/her scheduled workng hours partcpates n negotatons for the Assocaton wth any representatve of the Board or partcpates as a grevant or necessary wtness or Assocaton Representatve n the grevance procedure of ths Agreement, ncludng arbtraton, whch meetngs are scheduled by mutual agreement of the Board Representatve and the Assocaton Representatve or the grevant, shall be released from regular dutes for the tme necessary to partcpate n those meetngs, wthout loss of pay for scheduled work tme mssed.

8 ARTCLE 3 Employee Rghts 1. Pursuant to the Mchgan Publc Employment Relatons Act, the Board agrees that every employee of the Board has the rght freely to organze, jon and support the Assocaton for the purpose of engagng n collectve barganng or negotatons and other concerted actvtes for mutual ad and protecton. As a duly elected body exercsng governmental power under the cover of the law of the State of Mchgan, the Board undertakes and agrees that t wll not drectly or ndrectly dscourage or deprve or coerce any employee n the enjoyment of any rghts conferred by the Act or other laws of Mchgan or the Consttutons of Mchgan and fl the Unted States; that t wll not dscrmnate aganst any employee wth respect to hours, wages, or any terms or condtons of employment by reason of hs/her membershp n the Assocaton, hs/her partcpaton n any lawful actvtes of the Assocaton or collectve m negotatons wth the Board, hs/her nsttuton of any grevance, complant or proceedng under ths Agreement or otherwse wth respect to any terms or condtons of employment, so long as the same does not nterfere wth the full, fathful and proper performance of the dutes M of employment. 2. Nothng contaned heren may be construed to deny or restrct to any employee, rghts he/she may have under the laws of the State of Mchgan and the Unted States. The rghts granted to employees n ths Agreement are n addton to those provded by law. 3. The provsons of ths Agreement shall be appled wthout regard to sex, martal status, race, * color, natonal orgn, relgon, age, or handcap. No employees wll be subjected to dscrmnaton n the course of ther employment wth Jenson Publc Schools. 4. No employee shall be dscplned wthout just cause. The Board subscrbes to the concept of M progressve dscplne wth normal step progresson of oral reprmand, wrtten reprmand, J suspenson, and dscharge. The Board may elect to take acton at any step of the dscplnary scale dependng upon the nature of the offense. 5. An employee shall at all tmes be enttled to have present a representatve of the Assocaton when he/she s beng reprmanded, warned, or dscplned for any nfracton of rules or delnquency of employee performance and when he/she s engaged n an nvestgatory ntervew from whch t s reasonable to conclude that dscplnary acton aganst hm/her may result. When a request for such representaton s made, no acton shall be taken wth respect to the employee untl such representatve of the Assocaton s present. When a stuaton demands prompt attenton, the Assocaton shall provde a representatve wthn forty-eght (48) hours of the request. 6. At reasonable tmes an employee shall have the rght to revew the contents of hs/her _ personnel fle, excludng ntal references for the Board pertanng to sad ndvdual orgnatng pror to ntal employment, and to have an Assocaton representatve present at such revew.

9 7. Any materal relatng to an employee whch s not exempt from dsclosure to the employee accordng to statutory law shall not be entered nto the employee's personnel fle wthout provdng a copy to the employee. The employee may be requred to acknowledge recept of a copy by sgnng hs/her name on the materal on a space provded for hs/her sgnature, whch shall ndcate that the sgnature only acknowledges recept of a copy of the materal. The employee may submt a wrtten statement as provded by law whch shall be dated and attached to the materal entered n the fle. 8. f an employee s requested to sgn materal to be placed n hs/her fle, the sgnature shall be understood to ndcate awareness of the materal, but n no nstance shall the sgnature be nterpreted to mean agreement wth the content. 9. A wrtten reprmand whch s more than two years old shall not be consdered for dscplnary purposes provded the specfc conduct whch warranted the reprmand has not been repeated. At the request of the employee, sad reprmand shall be removed from hs/her personnel fle.

10 ARTCLE 4 Management Rghts The Board, on ts own behalf and on behalf of the electors of the school dstrct, hereby retans and reserves unto tself, wthout lmtaton, all powers, rghts, authorty, dutes and responsbltes conferred upon and vested n t by the school code and the laws of the state, the Consttuton of the State of Mchgan and/or the Unted States. Such rghts, dutes, and responsbltes shall nclude, by way of llustraton and not by way of lmtaton, the rght to: P a. The executve management and admnstratve control of the school system, ts facltes, property and employees. b. Drect the workng forces, ncludng the rght to establsh and/or elmnate postons; to hre, evaluate, promote, suspend, dscplne, dscharge, or transfer employees; assgn work dutes; determne the sze of the work force; all of whch are subject to the provsons of the law. m c. Determne the servces, supples, and equpment necessary for operaton; to determne methods and means of dstrbutng the above; establshng standards of operatons, the means, methods and processes of carryng on the work ncludng automaton or subcontractng thereof, or changes theren. The Board wll not subcontract work unless (a) the sklls or equpment needed to perform the work specfed are unavalable n the school system, or (b) the schedule for such work cannot be met wth the equpment or sklls avalable. P d. Determne the qualfcatons of employees. e. Determne the polcy affectng the selecton, testng, or tranng of the employees. f. Meet such responsbltes and exercse ts powers and rghts through ts admnstratve staff. 2. The exercse of the foregong powers, rghts, authortes, dutes and responsbltes by the Board, the adopton of rules, regulatons, polces, and practces n furtherance thereof, and the use of judgment and dscreton n connecton therewth, shall be lmted only by the specfc and express terms of the Agreement and then only to the extent such specfc and express terms hereof are n conformance wth school code, Consttuton and laws of the State of Mchgan and the Consttuton and laws of the Unted States. m

11 ARTCLE 5 Payroll Deductons 1. Any employee may sgn and delver to the Board an assgnment authorzng deductons of dues or representaton beneft fee establshed by the Assocaton. Pursuant to such authorzaton, the Board shall deduct such dues from the frst regular salary check of each month. 2. Wth respect to all sums for dues or servce fees deducted by the Board pursuant to authorzaton of the employee, the Board agrees to dsburse promptly sad sums to the Assocaton. 3. Upon approprate wrtten authorzaton from the employee, the Board shall deduct from the wages of employees and make approprate remttance for annutes, credt unon, savngs bonds, and nsurance premums, the latter only f assocated wth an employee group plan. The busness offce must have n wrtng the employee's authorzaton for any deductons at least seven (7) days pror to the effectve date of such deductons. Deductons may be dscontnued by notfyng the busness offce seven (7) days pror to the end of a pay perod. 4. The Assocaton shall ndemnfy and save the dstrct harmless aganst any and all clams, demands, suts or other forms of lablty that may arse out of or by reason of acton taken or not taken by the employer n sectons 1, 2 or 3 n relance upon sgned authorzaton cards or lsts furnshed to the employer by the Assocaton for the purpose of payroll deducton of dues or fees.

12 ARTCLE 6 Senorty 1. Senorty s defned as the length of contnuous employment n the barganng unt snce the employee's most recent startng date. 2. From ther most recent startng date, employees shall be consdered probatonary not to exceed thrty (30) workng days. Upon completon of the probatonary perod, an employee shall be consdered a member of the barganng unt. 3. A substtute who works on a sngle job assgnment for nnety (90) consecutve workng days shall become a member of the barganng unt commencng on hs/her nnety-frst (91st) day of employment. m _ 4. f two or more employees have the same startng date, senorty wll be determned among them by the last four dgts of ther socal securty numbers. The hgher number shall have a the greater senorty.

13 ARTCLE 7 Vacances & Transfers 1. The Board declares ts support for the fllng of vacances, from wthn the ranks of ts employee force. All vacances shall be flled on the bass of senorty, competency and qualfcatons. Qualfed shall mean able to meet qualfcatons as derved from wrtten job descrptons. Testng for posted postons shall follow these gudelnes: a. nternal applcants for Clercal (non-secretaral) and Assstant postons, where keyboardng sklls are necessary, shall keyboard wthn a fve (5) word range below any postng under forty (40) words per mnute. b. nternal applcants for Secretaral postons shall keyboard wthn a ten (10) word range below any postng sxty (60) words per mnute or under. Keyboardng shall not be the crtera for hrng of nstructonal assstants. Once an employee has passed the keyboardng test, the test results shall stand permanently as a favorable result and no further keyboardng tests shall be requred of the employee. Employees hred from outsde of the employee barganng unt shall comply wth all keyboardng requrements, as posted, before the external canddate s ntervewed. c. The Employer wll offer testng opportuntes for employees on a monthly bass. A computer lab wll be reserved for keyboardng tests. Employees may test on the keyboard as often as they wsh wthn a two (2) hour perod. Keyboardng sklls wll be assessed by a tmed test developed by the Employer, whch shall be smlar n nature to the subject matter to be typed n the poston. The tme requrements shall be determned by the Employer for the poston. d. All test scores shall be vald durng the course of the employee's employment wth Jenson Publc Schools. Should the employee sever employment wth Jenson Publc Schools and then reapply for employment, he/she must take all tests as posted and meet qualfcatons establshed for external canddates. e. Employees may also take tests as posted when applyng for a partcular poston. f. Readng comprehenson, language sklls, flng, spellng and math tests shall be vald durng the course of the employee's employment wth Jenson Publc Schools. Should the employee sever employment wth Jenson Publc Schools and then reapply for employment, he/she must take all tests as posted. These tests may only be taken one tme durng the open testng perod. 10

14 2. A vacancy shall be declared when there exsts a barganng unt poston to whch no employee has been assgned. Whenever a vacancy exsts, the poston wll not be flled, except on a temporary bass, untl the poston has been posted for fve (5) workng days. The vacant poston wth accompanyng qualfcatons based on the specfc job descrpton shall be posted n each buldng n the dstrct. A copy of each postng shall be sent to the presdent of the Assocaton. Durng the summer vacaton months, an attempt shall be made to notfy employees who have expressed durng the mmedately precedng school year, an nterest n other postons n the barganng unt. 3. n fllng a vacancy n a barganng unt poston the Board agrees to hre outsde of ts _ employee ranks only f no qualfed nternal canddates apply. 4. An employee who s selected to fll an exstng vacancy wll serve a twenty (20) workng m day probatonary perod n that poston. f the mmedate supervsor determnes that the employee s unable to satsfactorly perform the dutes of the new poston wthn the probatonary perod, the employee wll be returned to a poston wthn hs/her capabltes and prevous wage classfcaton. 5. An employee who s transferred to a poston wthn a hgher wage classfcaton shall be placed at the frst step on the wage scale showng an ncrease n hs/her current wages. An employee transferred to a lower wage classfcaton shall be placed at the same step as hs/her current job. Ths does not negate longevty assgnment based on years of servce. 6. When a secretaral poston n the school dstrct, whch s not wthn the barganng unt m covered by ths Agreement, becomes avalable for a new hre, t shall be advertsed for a perod of not less than fve (5) days before awardng the poston to provde an opportunty for all nterested persons to apply. «11

15 ARTCLE 8 Condtons of Employment 1. The Board shall determne hours of employment for each poston wthn the barganng unt at the tme the poston s orgnally posted or whenever a vacancy may occur. 2. f the Board determnes at any tme a need to reduce or ncrease the hours of employment for any employee, these procedures wll be mplemented: a. The Board and the Assocaton wll meet to dscuss the proposed change. b. Pror to startng a new work year, an employee, whose total annually scheduled hours are reduced from hs/her prevous year's assgnment or whose status would change from full-tme (30 or more hours per week) to part-tme (fewer than 30 hours per week), at her request shall be assgned respectvely to ether another less senor fulltme poston f avalable, or a less senor part-tme poston wth hours as smlar as possble to hs/her prevous assgnment wthn the same wage classfcaton. Such assgnment shall be based on senorty, ablty, and experence. c. f a barganng unt poston s changed from part-tme to full-tme status, t shall be posted as a vacancy and flled accordng to the provsons of Artcle V. d. Employees affected by a reducton n hours wll be notfed at least fourteen (14) calendar days pror to the effectve date of reducton. 3. Supervsors shall confer wth an employee before changng the regularly scheduled daly hours of work. Changes wll be made by mutual agreement when possble. When such changes are not mutually agreed, changes wll be made only after a conference between the employee, the supervsor, and the Drector of Personnel. 4. Overtme shall be pad at the followng rate: a. Tme and one-half for all hours worked over forty (40) hours per week. b. Double tme for all hours worked on Sunday. c. Double tme for all hours worked on holdays desgnated n ths Agreement n addton to holday pay. 5. Employees workng n excess of four (4) hours per day shall be enttled to an unpad thrty (30) mnutes unnterrupted lunch perod barrng stuatons of urgency. 6. An employee shall be enttled to a ffteen (15) mnute break for each unnterrupted work perod of at least two and one-half (2 1/2) hours. 7. An employee asked to report on a call-n bass outsde her regular work hours shall be pad a mnmum of two (2) hours wages. 12

16 8. Meda assstants and secretares shall not be requred on a regular bass to partcpate n flj recess duty. 9. Pror to the commencement of each school work year, employees wll be notfed n wrtng of ther assgnments and work schedules ncludng the scheduled number of hours they wll be employed that year. 13 _

17 ARTCLE 9 Vacatons and Holdays 1. Employees scheduled to work twelve (12) months earn vacaton tme computed on the vacaton year from June 1 to May Frst year employees from ther date of hrng to May 31 shall be granted vacaton tme as follows: Semontv 3 months 4 months 5 months 6 months 7 months 8 months 9 months 10 months 11 months Vacaton Tme 1 day 2 days 3 days 4 days 5 days 6 days 7 days 9 days 10 days 3. Employees wth one (1) year or more senorty wll have ther vacaton tme computed as follows: Senorty Vacaton Tme 1-7 years 10 work days 8-14 years 15 work days 15 years & over 20 work days 4. Vacatons shall be scheduled by the employee's supervsor. n the event of schedule conflct between two (2) or more employees, preference shall be gven to the most senor employee. 5. Vacaton tme may be accumulated to twenty (20) workng days. 6. Vacaton pay shall be pad on an employee's normal work week exclusve of overtme. 7. An employee who s termnated for any reason shall receve prorated pay for accumulated vacaton days. 14

18 8. All employees shall be pad for the followng holdays whch fall durng ther scheduled fl work year: New Year's Day Memoral Day Labor Day Thanksgvng Day Day after Thanksgvng Chrstmas Day Two days durng wnter break at the dscreton of the Board. July 4 shall be a pad holday for twelve-month employees only. 9. To qualfy for any of the above holday pay, an employee must work the last scheduled day before the holday and the next scheduled day after the holday unless the employee s absent under the condtons of llness, dsablty or bereavement leave or on an approved vacaton leave. m 10. Should any holday fall on a Saturday or Sunday, ether the precedng Frday or the B followng Monday wll be consdered a pad holday. 11. An employee on unpad leave of absence shall not be enttled to holday pay.

19 ARTCLE 10 llness, Dsablty, Bereavement, and Personal Leave 1. The provsons of ths artcle shall be applcable to all employees except that an employee who works fewer than fve (5) days per week wll receve twenty percent (20%) of the annual sck leave allowance for each day he/she s scheduled to work. 2. Durng the frst year of employment, llness, dsablty and bereavement leave shall be earned at the rate of one (1) day per month commencng on the employee's frst day of employment and endng on June 30. Leave tme may be earned but not granted durng the probatonary perod. 3. Annually on July 1 each employee wll be credted wth an addtonal twelve (12) days of leave except an employee regularly scheduled to work fewer than twelve (12) months wll be granted an allotment equal to one (1) day for each month worked. Maxmum accumulaton of leave s one hundred ffty (150) days. 4. An employee may use any porton or all of hs/her leave to recover from personal llness or dsablty. No more than ten (10) of these days per year may be used for: a. llness of hs/her legal dependents resdng wthn hs/her household, and/or b. For care of hs/her mother, father, mother-n-law, father-n-law, chldren or chldrenn-law regardless of resdence n the household when serously ll, and/or c. For care of hs/her mother, father, mother-n-law, father-n-law chldren or chldrenn-law regardless of resdence n the household when the physcal presence of the employee s medcally necessary at tmes whch conflct wth hs/her dutes of employment. 5. a. An employee shall be granted wthout loss of pay or reducton of leave tme up to three (3) days for death of spouse, mother, father or chldren. b. As many as seven (7) addtonal days deductble from leave tme may be used for death of spouse, mother, father, chldren or grandchldren. c. Up to three (3) days deductble from leave tme may be used for death of sblngs, father-n-law, mother-n-law, or grandparents. The employee may take up to two (2) days per death of brother-n-law, sster-n-law and grandparents-n-law. d. The employee may use from accrued leave no more than one (1) day per death to attend the funeral of any other frend or relatve. 6. The Board may request proof of llness n the form of a physcan's statement, f an employee s absent because of llness or dsablty for more than three (3) consecutve days, and n cases of chronc absences. At the Board's expense the employee wll submt to an examnaton to determne f sck leave s warranted. 16

20 7. f the Board beleves that the employee's physcal or mental condton s such that the employee's ablty to perform the job s sgnfcantly dmnshed, the Board may requre at dstrct expense that the employee submt to an examnaton by an approprate specalst selected by mutual agreement of the employee and the Superntendent, or hs/her desgnee, from a lst of seven (7) specalsts obtaned through the Physcan's Referral Servces of Blodgett or Butterworth Hosptals. When any medcal examnatons are requred by the school board, the cost ncurred shall be pad by the school board. «8. The dstrct wll contnue to pay an employee absent due to llness or njury compensable under the Mchgan Workers' Compensaton Act hs/her regular wages for up to nnety (90) days from the pont of dsablty. The employee wll endorse all Workers' Compensaton wage beneft checks for ths nnety (90) day perod to the dstrct. Durng ths nnety (90) day perod, there wll be no charge made aganst the employee's fl accumulated sck leave. Thereafter, the employee shall use hs/her accumulated leave days on a proportonal bass to contnue to receve the dfference between hs/her wages at the pont of dsablty and the Workers Compensaton benefts receved for the duraton of the dsablty or untl hs/her accumulated leave days are exhausted, whchever comes frst. * Payments n addton to amounts receved from Workers' Compensaton are earned dsablty penson benefts and are specfcally ntended to augment the amount receved under Workers' Compensaton and not as an offset thereto. n the event a court or _ admnstratve agency of competent jursdcton fnds such payments under ths contract to be n volaton of the law, then the employee shall receve only payments under Workers' Compensaton, and earned leave tme shall be preserved. m 9. An employee absent due to a case of mumps, measles, chckenpox or scarlet fever contracted n the course of employment shall suffer no dmnuton of compensaton and shall not be charged wth use of hs/her accumulated leave days for a perod not to exceed ffteen (15) work days. 10. An employee wll be allowed one (1) day leave each year for personal busness reasons. Ths day shall be noncumulatve from year to year and wll not be deducted from sck leave. However, f the day s not used durng the school year t shall accumulate as an addtonal leave day under the provsons of Secton 3 of ths Artcle. Absences under ths secton shall be for necessary busness actvtes or events of a personal nature related to the famly, career, legal and/or fnancal affars of the employee, whch cannot be handled at any other tme than durng the work shft and for whch the employee s not compensated n wage, salary, or knd for hs/her personal servces. Except n cases of emergency, m notfcaton of ntent to use the day should be made n wrtng to the Drector of Personnel at least two (2) days n advance. No day shall be used to extend a vacaton or recess perod. 17

21 ARTCLE 11 Leaves of Absence 1. Any employee may be granted a leave of absence wthout pay for up to ten (10) days subject to the approval of the Drector of Personnel. Request for leaves of more than ten (10) days must be approved by the Superntendent. 2. Requests for leaves of absence must be submtted n wrtng for approval at least two (2) weeks pror to the tme of the proposed leave. Emergency leaves of absence may be granted by the Drector of Personnel at any tme, but a wrtten approval must be ssued. 3. An employee who s unable to work because of personal llness or dsablty and who has exhausted all avalable sck leave shall request and be granted a leave of absence for the duraton of such llness or dsablty not to exceed one year. A physcan's statement must accompany such a request. The Superntendent shall grant an extenson of such a leave for up to one year upon recept of a wrtten request from the employee accompaned by a physcan's statement verfyng the need for such an extenson. For a leave of absence of up to one (1) year, the employee shall be returned to the poston from whch he/she took leave and shall be subject to reassgnment, transfer, or reducton n personnel as f he/she had remaned n that poston. An employee who returns from a leave extendng beyond the one (1) year perod shall be consdered as an applcant for any vacancy for whch he/she s qualfed. 4. All mltary leaves of absence and the renstatement rghts of any employee who enters the mltary servce of the Unted States shall be determned n accordance wth the applcable laws and federal regulatons. 18

22 ARTCLE 12 Legal Protecton 1. Any case of physcal assault upon an employee occurrng durng the performance of dutes must be reported promptly to the Board or ts desgnated representatve. Upon request the Board wll provde legal counsel to advse the employee of hs/her rghts and oblgatons wth respect to such an assault. Ths does not provde assstance for cvl damages. 2. f crmnal or cvl proceedngs are ntated aganst an employee actng n good fath wthn the scope of Board polcy, the Board upon request wll provde legal counsel to defend hm/her n such proceedngs. 19 _

23 ARTCLE 13 nsurance Protecton 1. Full-tme employees as defned n Artcle 1 are enttled to nsurance benefts lsted n ths artcle. nsurance wll take effect followng the thrty (30) day probatonary perod for new employees or twenty (20) days probatonary perod for newly benefted employees. 2. Elgble twelve (12) month employees, upon approprate applcaton durng the open enrollment perod, shall be provded wthout cost to the employee, the followng benefts: a. MESS A SUPER MED hosptal-medcal nsurance for the employee and hs/her elgble dependents. b. SET dental care plan # (80%-80%) wth orthodontc rder ($1300) nsurance for the employee and hs/her elgble dependents. c. A term lfe nsurance polcy n the amount of $15,000 wth AD & D rder for the employee. d. The Board wll provde a vson care nsurance plan, the benefts of whch shall be equvalent to the MESSA VSP 2 plan for the employee and hs/her elgble dependents, whch may be provded by purchase from an nsurance carrer or through a self-nsured program at the opton of the Board. 3. Elgble employees workng less than twelve (12) months, upon approprate applcaton durng the open enrollment perod, shall be provded wthout cost to the employee, the followng benefts: a. A choce of ether program a or b as set forth n part 2 above. b. A term lfe nsurance polcy n the amount of $15,000 wth AD & D rder for the employee. c. The vson care plan as set forth n part 2d above. 4. Employees not electng health nsurance coverage may apply the sngle subscrber nsurance premum rate n the amount of not less than the rate or any subsequent rates that are hgher towards MESSA optons or an annuty plan through a Board approved carrer. 5. nsurance contrbutons for employees on unpad leave of absence shall be pad by the Board only through the month followng termnaton of wages, unless requred by the FMLA. Such contrbutons shall be termnated mmedately upon the employee quttng or beng dscharged. 6. An employee whle on unpad leave may elect to pay hs/her own nsurance premums accordng to terms and condtons establshed by the nsurance carrer and consstent wth the FMLA. 20

24 7. Employees not elgble for health nsurance under ths provson shall be able to enroll n the Super Med 1 plan at group rates as permtted by MESS A and shall have the premum payroll deducted. 8. The provsons of ths artcle are subject to all the underwrtng rules and regulatons of the nsurance carrer. 9. The employee must notfy the employer of any change n martal status and/or number or age of dependents whch would result n an adjustment of premums pad by the employer for nsurance coverage. 10. The Board shall be responsble for processng applcatons and nformaton after recept from the employee to assure the specfed coverage from the nsurance carrers. 21 S

25 ARTCLE 14 Medcal Exams When medcal examnatons are requred by the Board, costs ncurred shall be pad by the Board. The examnng physcan or source of test shall be agreeable to the employee and the Board pror to the test or exam beng admnstered. 22

26 ARTCLE 15 School Closngs 1. When the schools of the dstrct are closed to students because of nclement weather pror to ther regular reportng tmes for the students' school day, employees shall not be requred to report to work. Employees shall receve ther normal daly compensaton for the canceled work day, unless t s a work day whch s to be rescheduled and worked on _ another date whch s n addton to ther orgnally scheduled work year remanng. f the employee wll work such a rescheduled work day he/she wll not receve ther normal daly compensaton for the canceled work day, but wll work and be pad for the rescheduled work day. 2. f the Board determnes the need for servces of selected employees, addtonal compensaton for tme actually worked shall be pad at the regular hourly rate. 3. Employees who are sent home pror to the end of ther regular daly work shft due to equpment falure (e.g. boler breakdown or power falure) or nclement weather shall ncur no loss of wages for that day. 23

27 ARTCLE 16 Grevance Procedure 1. Purpose The prmary purpose of the grevance procedure s to secure at the lowest level possble, equtable solutons to problems whch may arse between the dstrct and members of the Assocaton. 2. Defntons A grevance shall be defned as an alleged volaton of the expressed terms and condtons of the Agreement. The term "days" when mentoned n ths Artcle shall mean workng days. 3. Procedural Rules A grevance shall be submtted n wrtng and shall contan the followng: a. t shall cte the secton of ths Agreement alleged to have been volated. b. t shall revew the facts gvng rse to the alleged volaton. c. t shall specfy the date of the alleged volaton. d. t shall specfy the relef requested. e. t shall be sgned by the grevant or grevants. 4. Although the tme lmts of the procedure may be extended by mutual consent, the number of days ndcated at each level must be consdered the maxmum. 5. A grevant may wthdraw a grevance at any level of the procedure of hs/her own accord wthout obtanng the consent of the Board or the Assocaton and such wthdrawal shall render the grevance wthout force or effect as f t had never been fled. 6. f the grevant fals to appeal a decson at any level of the procedure wthn the tme lmts set forth n the procedure, no further processng of that partcular grevance wll be permtted. 7. A grevant may choose to be represented at all meetngs or hearngs at any level of the grevance procedure by another employee or another person. However, the Assocaton shall be a party to any grevance reachng Level Three. 8. The fees and expenses of the arbtrator shall be shared equally by the Board and the Assocaton. 9. Levels of the Procedure Any employee, group of employees or the Assocaton may fle a grevance whch shall be processed n the followng manner: 24

28 Level One mm Wthn twenty (20) days of the alleged volaton the grevance shall be submtted to the approprate Dstrct Supervsor, who shall render hs decson n wrtng wthn ffteen (15) days of hs recept of the grevance. Upon the request of the Assocaton, a meetng wth the grevant(s), Assocaton Representatve, Supervsor, and Drector of Personnel wll be scheduled pror to a decson beng rendered. Level Two f an unsatsfactory decson s receved at level one, the grevance may be fled wthn ffteen (15) days wth the Superntendent or hs representatve. Wthn ffteen (15) days from the recept of the grevance, the Superntendent or hs representatve shall render n wrtng hs/her dsposton. Upon the request of the Assocaton, a meetng wth the grevant(s), Assocaton Representatve, Supervsor, and Drector of Personnel wll be scheduled pror to a decson beng rendered. Level Three f an unsatsfactory decson s receved at level two, the grevance may be fled wthn ffteen (15) days wth the Board of Educaton. Wthn twenty (20) days from the recept of the grevance by the Board, the Board's revew commttee shall meet wth the grevant for the purpose of arrvng at a soluton to the problem. The Board's decson shall be rendered n wrtng wthn ffteen (15) days thereafter. S Level Four f the aggreved s not satsfed wth the dsposton of the grevance by the Board, or f no dsposton has been made wthn the perod above provded, the grevance may be " submtted to arbtraton before an mpartal arbtrator by the Assocaton flng a demand for arbtraton wth the Amercan Arbtraton Assocaton no later than twenty (20) days after recept of the Board dsposton. 10. Powers of the arbtrator are subject to the followng lmtatons: a. He/she shall have no power to add to, subtract from, dsregard, alter or modfy any of the terms of ths Agreement. b. He/she shall have no power to change any practce, polcy, or rule of the Board nor substtute hs judgment for that of the Board as to the reasonableness of any such m practce, polcy, rule or any acton taken by the Board. c. Where no wage loss has been caused by the acton of the Board complaned of, the. Board shall be under no oblgaton to make monetary adjustments and the arbtrator shall have no power to order one. d. The decson of the arbtrator wthn the scope of hs/her authorty as stated heren shall _ be fnal, conclusve and bndng upon employees, the Board and the Assocaton. Subject to the rght of the Board or the Assocaton to judcal revew, any lawful decson of the arbtrator shall be forthwth placed nto effect. m 25

29 ARTCLE 17 Reducton of Personnel and Recall 1. When a necessary reducton n personnel occurs, the specfc postons beng elmnated by the employer shall be dentfed and the employee(s) holdng the dentfed poston(s) shall be notfed of layoff. The ndvdual(s) so dentfed shall then have access to the bumpng provson of ths Agreement. 2. Employees affected by layoff may bump less senored employees only wthn ther own wage classfcaton f such a poston s avalable, provded the employee has the present ablty to perform the tasks and responsbltes of the avalable poston. An employee scheduled to work fewer than thrty (30) hours at the tme of layoff may bump an employee scheduled to work thrty (30) or more hours. Bumpng rghts must be exercsed wthn fve (5) workng days after notce of layoff s receved. 3. n the event there s no approprate poston wthn hs/her own wage classfcaton, an employee n classfcatons,, or V may request assgnment by the Board to a poston wthn a lower wage classfcaton. An employee scheduled to work fewer than thrty (30) hours at the tme of layoff may bump an employee scheduled to work thrty (30) or more hours. All assgnments wll be made based upon the affected employee's senorty, provded the employee has the present ablty to perform the tasks and responsbltes of the avalable poston. 4. Requests for reassgnment shall be made to the Drector of Personnel wthn fve (5) workng days after notce of layoff s receved. 5. Employees wll be recalled n order of senorty provded the most senor employee has the present ablty to perform the tasks and responsbltes of the avalable poston. Notfcaton shall be by certfed mal. 6. An employee who refuses to accept a recall to a poston offerng compensaton equal to eghty-fve percent (85%) of hs/her wages at the tme of layoff shall forfet all further rght to recall. An employee on layoff for longer than two (2) years or the length of ther servce wth the school dstrct pror to layoff, whchever s the longer perod of tme, and those who refuse to accept a recall, shall forfet all further rghts to recall. 26

30 ARTCLE 18 Jury Duty 1. An employee requred to serve jury duty or who s subpoenaed as a wtness n a cvl or crmnal case durng the hours of hs regular work shft wll be pad the dfference between the stpend for such servce and hs regular wages. 2. The employee shall be requred to sgn a form provded by the school dstrct whch requests the court n wrtng that t ether excuse hm/her from jury duty servce or delay hs/her jury duty to a tme that does not conflct wth hs/her dutes of employment wth the Jenson Publc School Dstrct, n order to be enttled to the aforementoned dfferental pay.

31 ARTCLE 19 Employee Evaluaton 1. Each barganng unt member shall be evaluated annually on the Secretaral/Paraprofessonal evaluaton form agreed to between the partes. The admnstraton shall dentfy the evaluator for each employee before the evaluaton process begns. 2. The evaluaton process shall nclude a pre-evaluaton conference for the purpose of jobrelated goal-settng between the employee and the evaluator. The pre-evaluaton conference shall occur durng the frst sxty (60) days of the school year for those employees on staff or the frst sxty (60) days of employment for those who are newly hred. 3. At approxmately md-year, a status conference shall be held between the employee and the evaluator to determne progress regardng goal attanment. 4. Pror to May 1 of each school year, the evaluator shall complete and transmt a wrtten evaluaton to each employee usng the negotated evaluaton form. 5. Oral or wrtten complants regardng the employee that fnd ther way nto the evaluaton of the employee must be brought to the mmedate attenton of the employee at the tme of the complant. Those complants not brought to the mmedate attenton of the employee may not be used n the evaluaton process. 6. A meetng between the evaluator and the employee shall be held wthn fve (5) work days of the ssuance of the wrtten evaluaton. 7. There shall be a place for sgnature on the wrtten evaluaton that notes that the employee has had an opportunty to revew the evaluaton wth the evaluator. Sgnature by the employee shall mean that the employee has revewed the document, not that the employee agrees wth the evaluaton. 8. The employee may make wrtten attachments to the evaluaton to respond to, challenge, correct or add to the wrtten evaluaton. Such attachments shall be placed wth the evaluaton n the employee's personnel fle. 28

32 ARTCLE 20 General Provsons 1. f any provson or the applcaton of any provson of ths Agreement s found to be contrary to law, then that provson or applcaton wll be deemed null and vod. The Board and Assocaton shall meet promptly to renegotate the affected provson. 2. Ths Agreement supersedes any rules, regulatons or practce of the Board whch may be contrary to or nconsstent wth ts terms. 3. For the duraton of ths Agreement the Assocaton agrees that t wll not drectly or * ndrectly engage or assst n any strke as defned by the Publc Employment Relatons Act. The Board agrees that t wll not lock out ts employees. 4. Durng the negotatons leadng up to ths Agreement, each party had the opportunty to _ bargan on all proper matters. Ths represents the entre agreement of the partes. t s g further expressly understood and agreed that durng ts term nether party shall be requred to engage n further collectve barganng on any matter or subject mentoned heren. 29

33 ARTCLE 21 Promulgaton Copes of ths Agreement wll be prnted at the expense of the Board of Educaton and presented to each employee of the barganng unt. The Board wll provde ffteen (15) extra copes for the use of the Assocaton. 30

34 ARTCLE 22 DURATON OF AGREEMENT Secretaral/Paraprofessonal Assocaton (MEA-NEA) Ths agreement ncludng Appendx A shall become effectve July 1, 1994 and shall reman n effect untl June 30, For the Assocaton: j D 31

35 Class - Assstants Stepl Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Longevty (Years of Servce) 10 Years 13 Years APPENDX A Secretaral/Paraprofessonal Schedule of Wages to $ $ to $ $ Class - Secretary-Human Resources Servces, Secretary-Readng, Assstant Secretary- Personnel, Assstant Secretary-Communty Servces, Meda Assstant-Hgh School, Receptonst-Hgh School, Swtchboard Operator/Receptonst, Commons Supervsor-Hgh School, Dstrct A.V. Clerk. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Longevty (Years of Servce) 10 Years 13 Years $ $ $ $

36 Class - Secretares to: Elementary, Junor Hgh and Hgh School Prncpal and Assstant Prncpal, Junor and Senor Hgh Gudance and Counselng, Communty Educaton, Specal Educaton, Transportaton/Mantenance, Athletc Drector/Co-op, and Meda Technology. Accounts Payable Clerk & Graphc-Offset Techncan. m Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Longevty (Years of Servce) 10 Years 13 Years Class V- Payroll Clerk Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Longevty (Years of Servce) 10 Years 13 Years to $ $ $ $ to $ Actual pad days n a gven employment year wll be counted toward elgblty for step ncreases on the wage schedule for the next employment year. To qualfy for an ncrease of one (1) step on the wage schedule, the employee must have accumulated at least nnety (90) pad days durng the prevous employment year. To qualty for a half step on the wage schedule, the employee must have accumulated at least forty-fve (45) days, but not more than eghty-nne (89) days durng the prevous employment year. Days of absence due to work related njury or work related llness shall be consdered work days for the purpose of nterpretng ths secton. 33 $ $ l

37

38

39 MASTER AGREEMENT between The Jenson Publc School Dstrct and the Jenson Schools' Secretaral/Paraprofessonal Assocaton (MEA-NEA) CONTRACT EXTENSON July 1,1996-June 30, 1997

40 ARTCLE 13 nsurance Protecton 1. Full-tme employees as defned n Artcle 1 are enttled to nsurance benefts lsted n ths artcle. nsurance wll take effect followng the thrty (30) day probatonary perod for new employees or twenty (20) days probatonary perod for newly benefted employees. 2. Elgble twelve (12) month employees, upon approprate applcaton durng the open enrollment perod, shall be provded wthout cost to the employee, the followng benefts: a. MESSA SUPER MED hosptal-medcal nsurance for the employee and hs/her elgble dependents. b. SET dental care plan # (80%-80%) wth orthodontc rder ($1300) nsurance for the employee and hs/her elgble dependents. c. A term lfe nsurance polcy n the amount of $15,000 wth AD & D rder for the employee. d. The Board wll provde a vson care nsurance plan, the benefts of whch shall be equvalent to the MESSA VSP 2 plan for the employee and hs/her elgble dependents, whch may be provded by purchase from an nsurance carrer or through a self-nsured program at the opton of the Board. e. The Board wll provde wthout cost to the employee, MESSA LTD Plan 2 at 66-2/3% wth a $2,000 maxmum beneft after a 90 calendar day qualfyng perod. 3. Elgble employees workng less than twelve (12) months, upon approprate applcaton durng the open enrollment perod, shall be provded wthout cost to the employee, the followng benefts: a. A choce of ether program a or b as set forth n part 2 above. b. A term lfe nsurance polcy n the amount of $15,000 wth AD & D rder for the employee. c. The vson care plan as set forth n part 2d above. 4. Employees not electng health nsurance coverage may apply the sngle subscrber nsurance premum rate n the amount of not less than the rate or any subsequent rates that are hgher towards MESSA optons or an annuty plan through a Board approved carrer. 5. nsurance contrbutons for employees on unpad leave of absence shall be pad by the Board only through the month followng termnaton of wages, unless requred by the FMLA. Such contrbutons shall be termnated mmedately upon the employee quttng or beng dscharged. 20

41 6. An employee whle on unpad leave may elect to pay hs/her own nsurance premums accordng to terms and condtons establshed by the nsurance carrer and consstent wth the FMLA. 7. Employees not elgble for health nsurance under ths provson shall be able to enroll n the Super Med 1 plan at group rates as permtted by MESS A and shall have the premum payroll deducted. 8. The provsons of ths artcle are subject to all the underwrtng rules and regulatons of the nsurance carrer. 9. The employee must notfy the employer of any change n martal status and/or number or age of dependents whch would result n an adjustment of premums pad by the employer for nsurance coverage. 10. The Board shall be responsble for processng applcatons and nformaton after recept from the employee to assure the specfed coverage from the nsurance carrers. 21

42 ARTCLE 22 DURATON OF CONTRACT EXTENSON AGREEMENT Secretaral/Paraprofessonal Assocaton (MEA-NEA) Ths Contract Extenson Agreement ncludng Appendx A shall become effectve July 1, 1996 and shall reman n effect untl June 30, For the Assocaton: For the Board: /<LLdL Presdent -') -vv Y? Secretary y Treasurer 31

43 Class - Secretares to: Elementary, Junor Hgh and Hgh School Prncpal and Assstant Prncpal, Junor and Senor Hgh Gudance and Counselng, Communty Educaton, Specal Educaton, Transportaton/Mantenance, Athletc Drector/Co-op, and Meda Technology. Accounts Payable Clerk & Graphc-Offset Techncan to to to Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $ $ Longevty (Years of Servce) 10 Years 13 Years $ Class V - Payroll Clerk Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $ $ Longevty (Years of Servce) 10 Years 13 Years $ $ Actual pad days n a gven employment year wll be counted toward elgblty for step ncreases on the wage schedule for the next employment year. To qualfy for an ncrease of one (1) step on the wage schedule, the employee must have accumulated at least nnety (90) pad days durng the prevous employment year. To qualty for a half step on the wage schedule, the employee must have accumulated at least forty-fve (45) days, but not more than eghty-nne (89) days durng the prevous employment year. Days of absence due to work related njury or work related llness shall be consdered work days for the purpose of nterpretng ths secton. 33

44 J APPENDX A Secretaral/Paraprofessonal Schedule of Wages Class - Assstants to to to Stepl Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $ $ $ Longevty (Years of Servce) 10 Years 13 Years $ $ $ Class - Secretary-Human Resources Servces, Secretary-Readng, Assstant Secretary- Personnel, Assstant Secretary-Communty Servces, Receptonst-Hgh School, Swtchboard Operator/Receptonst, Commons Supervsor-Hgh School, Dstrct A.V. Clerk, Meda Assstant Crculaton-Hgh School, Meda Assstant-Elementary. Stepl Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $ $ $ Longevty (Years of Servce) 10 Years 13 Years $ $ $