AGREEMENT. Between CHAPTER 26 OREGON SCHOOL EMPLOYEES ASSOCIATION. And COOS COUNTY SCHOOL DISTRICT NO. 13 NORTH BEND, OREGON JULY 1, 2013

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1 AGREEMENT Between CHAPTER 26 OREGON SCHOOL EMPLOYEES ASSOCIATION And COOS COUNTY SCHOOL DISTRICT NO. 13 NORTH BEND, OREGON JULY 1, 2013 To JUNE 30, 2016

2 TABLE OF CONTENTS ARTICLE 1 - AGREEMENTS AND RECOGNITION Agreement Recognition and Definitions New Agreement Copies of the Agreement Notice Requirements 2 ARTICLE 2 - REMUNERATION Basic Classified Employees Salary Schedule Fixing date of Employment Placement on Salary Schedule Wages When Working Two (2) Positions Working Out of Classification Work Periods Physical Examinations/Fingerprinting and Other Required Examinations On-The-Job Injury PERS Deductions from Paychecks Mileage Emergency Call-In Pay... 9 ARTICLE - INSURANCE Medical Dental Care Disability Income Group Life Insurance OSEA Chapter 26 North Bend [ ] i

3 3.4 Effective Date of Coverage Termination of Benefits District Insurance Committee District payment into a 125 account: ARTICLE 4 - LEAVES Sick Leave Personal Leave Critical Illness or Funeral Leave Military Leave Maternity Leave Adoption Leave Parental Leave Leaves for Jury Duty Other Leaves Failure to Obtain Approval Failure to Provide Notice of Intent to Return Failure to Return ARTICLE 5 - WORKDAY Work Hours Work Breaks Lunch Period ARTICLE 6 - WORK YEAR/CALENDAR ARTICLE 7 - HOLIDAYS Paid Holidays for All Employees Additional Holidays for 12-Month Employees OSEA Chapter 26 North Bend [ ] ii

4 7.3 Added Holidays for All bargaining Unit Members Eligibility Holiday Pay ARTICLE 8 - JOB VACANCIES Job Openings Summer Employment ARTICLE 9 - PERSONNEL FILE Confidentiality/ Location Open for Inspection Personnel Information Written Statements by Employee Timeliness of Critical Entries Preventing Misuse of Improperly Filed Material Removal of Adverse Material ARTICLE 10 - LAYOFF AND RECALL Authority Definitions Notice Union/Management Discussions Order of Layoff Displaced Employees Layoff in Lieu of Bumping Equal Seniority Exhaustion of Bumping Rights - Transfer Voluntary Demotion OSEA Chapter 26 North Bend [ ] iii

5 10.11 Recall Lists Recall Procedures Improper Layoff Use of Substitutes Reduction of Hours ARTICLE 11 - VACATIONS Earning Vacation Days Scheduling Vacations Pay Interruption of Vacation Carry Over Holiday during Vacation ARTICLE 12 - UNION SECURITY Union Membership Fair Share Disbursement of Funds Hold Harmless ARTICLE 13 - DISCIPLINE AND DISMISSAL OF A PERMANENT CLASSIFIED EMPLOYEE Permanent Classified Employee Discipline of a Permanent Classified Employee Dismissal of Permanent Classified Employee Suspension - Classified Employee ARTICLE 14 - PROBATIONARY STATUS Commencement of Probation Probationary Period - New Employees OSEA Chapter 26 North Bend [ ] iv

6 14.3 Promoted Employees 32 ARTICLE 15 - GRIEVANCE PROCEDURE Purpose Definitions Procedures General Conditions and Procedures General Provisions ARTICLE 16 - UNION RIGHTS AND PRIVILEGES Information Use of Buildings Use of Equipment and Services Copies of this Agreement Visiting employee Work Areas ARTICLE 17 - FUNDING Funding Clause Remuneration If Schools Close ARTICLE 18 - SAVINGS CLAUSE ARTICLE 19 - DISTRICT RIGHTS SIGNATURES OF AGREEMENT OSEA Chapter 26 North Bend [ ] v

7 ARTICLE 1 AGREEMENTS AND RECOGNITION 1.1 Agreement.1 This Agreement is entered into between the District School Board on behalf of the Coos County School District No. 13, North Bend, Oregon, herein referred to as the "Board" or the "District", and the Oregon School Employees Association Chapter No. 26, herein referred to as the "Union"..2 The intent of this Agreement is to set forth and record herein the basic and full agreement between the parties on those matters pertaining to wages, hours, and conditions of employment for personnel included in the bargaining unit..3 Term of Agreement This Agreement, which supersedes any previous Agreement, Letter and/or Memorandum of Understanding, will be effective upon signature, and shall remain in effect through June 30, This Agreement, together with all the terms, conditions, and effects thereof shall expire on the date indicated. 1.2 Recognition and Definitions The Board recognizes the Union as the exclusive bargaining representative for all classified employees in the district except employees working in supervisory and confidential positions who meet the requirements of ORS (6) and (14), * Instructional Aides (those persons assigned "one-on-one" to assist with the education of students on special IEP's unless they have been continuously employed in a one-on-one assignment for three (3) years and substitutes and temporary employees as defined below:.1 Temporary Employee: A temporary employee is one who is hired not to exceed sixty (60) consecutive work days to fill a position created for the purpose of completing a specific task, upon the completion of which the position is not required on an ongoing basis, or for positions which are seasonal. Upon request, up to two times during the year, the Association will be provided with a list of current temporary employees and hire dates and positions. Additional requests would require payment by the Association for time involved in producing a current list..2 Substitute Employee: A substitute employee is one hired for the purpose of filling the position of an absent employee or for the purpose of temporarily, not to exceed thirty (30) consecutive work days, filling a vacant position created when an employee separates from the district for whatever reason..3 Assigned Substitute: An "assigned substitute" is (a) one whose assignment is to fill the position of an employee whose leave of absence has been approved by the district for a period to exceed ninety (90) days or to fill a vacant position in the bargaining unit which the District does not plan to fill within ninety (90) days from the date the position became vacant or (b) a substitute employee as defined in this Article shall become an "assigned substitute" on the 30th consecutive work day of any one assignment as a substitute and shall continue to be an "assigned substitute" until the completion of the assignment..4 Assigned Substitutes - Benefits/Burdens: An assigned substitute shall be a member the bargaining unit for all purposes except as specifically limited herein. An assigned substitute shall be eligible for advancement on the salary schedule as is a regular employee and should an assigned substitute become a regular employee in that OSEA Chapter 26 North Bend [ ] 1

8 position his/her seniority shall date from the time of becoming an assigned substitute. An assigned substitute's employment shall terminate on the date the regular employee returns to work or on the date a new regular employee is employed to replace a regular employee who is terminated. An assigned substitute shall not be eligible for insurance benefits, except that an employee who becomes an assigned substitute after having served for 30 days as a substitute employee shall receive insurance benefits on the 1st day of the month following the expiration of benefits for the regular employee for whom he/she is substituting. These insurance benefits will terminate on the last day of the month in which the person serves as an assigned substitute. An assigned substitute who reaches that status as a result of service in a single classification [1.2.3(3)], shall be accorded insurance benefits on the date he/she is designated an assigned substitute..5 Regular Employees: A regular employee is an employee who is hired to fill a position in the bargaining unit which is expected to exist indefinitely. * Instructional Aides duties will be monitored by a supervisor, such duties not to include assignments, which would displace a classified employee. 1.3 New Agreement The Board and Union agree to commence negotiations for a new agreement by March 15, 2016 said new agreement to become effective on July 1, 2016, or upon ratification by the parties, whichever comes later. 1.4 Copies of the Agreement.1 Signed Copies: There shall be two (2) signed copies of this Agreement for the purpose of records. One shall be retained by the District and one by the Union..2 Distribution: The District will make the Agreement available on the District s website. 1.5 Notice Requirements Whenever either party to this Agreement is required to give notice to the other, pursuant to the provisions of the Agreement, either party shall do so by certified mail to the home address of the Union President, or to the Superintendent at his/her office address. OSEA Chapter 26 North Bend [ ] 2

9 2.1 Basic Classified Employees Salary Schedule ARTICLE 2 REMUNERATION.1 The salary schedule (effective July 1, 2013) school year is shown below: NORTH BEND SCHOOL DISTRICT #13 CLASSIFIED SALARY SCHEDULE (1% COLA) and EA/Lib Tech Adjustment 3% 2% Classifications Grouped Column Step Step Step Step Step Longevity Into Job Families Step Server (1) Assistant Cook (2) Head Cook (3) Head Cook II (4) Pianist (5) Library Tech * (6) Education Asst * (7) Secretary I (8) Secretary II (9) Custodian (10) Head Custodian II (11) Head Custodian III (12) Delivery (13) Groundskeeper (13) General Maintenance (14) Carpenter (14) Lead Plumber II (16) Technology Tech I (17) Technology Tech II (18) * One-time adjustment of 3% for to each step OSEA Chapter 26 North Bend [ ] 3

10 ARTICLE 2 REMUNERATION 2.1 Basic Classified Employees Salary Schedule.1 The salary schedule (effective July 1, 2014) school year is shown below: NORTH BEND SCHOOL DISTRICT #13 CLASSIFIED SALARY SCHEDULE (1% COLA) and EA/Lib Tech Adjustment 2% Classifications Grouped Column Step Step Step Step Step Longevity Into Job Families Step Server (1) Assistant Cook (2) Head Cook (3) Head Cook II (4) Pianist (5) Library Tech (6) Education Assistant (7) Secretary I (8) Secretary II (9) Custodian (10) Head Custodian II (11) Head Custodian III (12) Delivery (13) Groundskeeper (13) General Maintenance (14) Carpenter (14) Lead Plumber II (16) Technology Tech I (17) Technology Tech II (18) OSEA Chapter 26 North Bend [ ] 4

11 ARTICLE 2 REMUNERATION 2.1 Basic Classified Employees Salary Schedule.1 The salary schedule (effective July 1, 2015) school year is shown below: NORTH BEND SCHOOL DISTRICT #13 CLASSIFIED SALARY SCHEDULE (1% COLA) and EA/Lib Tech Adjustment 2% Classifications Grouped Column Step Step Step Step Step Longevity Into Job Families Step Server (1) Assistant Cook (2) Head Cook (3) Head Cook II (4) Pianist (5) Library Tech (6) Education Assistant (7) Secretary I (8) Secretary II (9) Custodian (10) Head Custodian II (11) Head Custodian III (12) Delivery (13) Groundskeeper (13) General Maintenance (14) Carpenter (14) Lead Plumber II (16) Technology Tech I (17) Technology Tech II (18) OSEA Chapter 26 North Bend [ ] 5

12 2.2 Fixing date of Employment Fixing Date of Employment: All persons employed or promoted between the first (1st) and fifteenth (15th) of a month shall be considered as employed on the first (1st) thereof. If employed or promoted on or after the sixteenth (16th) of a month, they are considered to have been employed on the first (1st) of the following month. 2.3 Placement on Salary Schedule.1 New Employees: All new employees will be placed on Step One of their appropriate wage range unless the District and Union have agreed otherwise. If the new employee is hired prior to January 1 st of the fiscal year, then the new employee will be moved to Step 2 on the July 1 st following hire. If hired on or after January 1 st, the employee will not move to Step 2 until the first of July of the next calendar year. For example, an employee hired on November 1, 2013 will move from Step 1 to Step 2 on July 1, An employee hired on February 1, 2013 will move from Step 1 to Step 2 on July 1, The employee will advance, annually thereafter on July 1 st, until Step 5 is reached. Notwithstanding the above, the District may waive the first step of the current salary schedule because of the experience of a newly hired employee, either upon employment or the completion of the probationary period..2 Upon completion of 15 full years of service to the District in any regular (not temporary) classified position, as of July 1, 2008, the employee shall be paid at Step 5 plus a 2% longevity payment. Promoted Employee: An employee promoted to a classification which has a higher wage range shall be placed on the step of that range which will accord the employee a pay raise and will, annually thereafter, advance one (1) step until Step 5 is reached, if the employee is within five (5) months of step advancement at the time of the promotion, that employee shall be considered as on the next step for placement purposes.3 Demotion: a. After Promotion: An employee who is promoted but fails to complete his/her probation as provided for in Section 14.3 shall be returned to his/her former wage range and treated as if the promotion had not occurred. b. Voluntary: If an employee accepts a voluntary demotion, he/she shall be placed on the step of the proper wage range most nearly in accord with the wage range then being received. If he/she is receiving in excess of the fifth (5th) step of the demoted wage range, he/she shall be "red-lined" at that rate until Step 5 meets or exceeds the redlined rate. c. Involuntary: If an employee is demoted for disciplinary reasons, he/she shall be placed on the step specified in the disciplinary proceeding. 2.4 Wages When Working Two (2) Positions An employee who works in two (2) positions, which are assigned to different wage ranges, shall be paid proportionately for time assigned. For overtime purposes, such an employee shall be paid on the basis of the highest rate. OSEA Chapter 26 North Bend [ ] 6

13 2.5 Working Out of Classification.1 Definition: An employee is working out of classification when he/she is assigned to a position not in his/her classification, which is either vacant or for an absent employee. The pay range for the position may be higher or lesser than the employee's regular position..2 Pay: When an employee is required to work out of class for at least one (1) full shift, he/she shall be compensated as follows: 2.6 Work Periods a. If out-of-class position is in higher pay range: He/she shall be paid on the higher pay range and the step which will provide an increase. b. If out-of-class position is on a lower pay range: He/she shall be paid on his/her regular range and step if the out-of-class position is on a lower pay range..1 Workweek: Shall commence on Monday and conclude the following Friday..2 Overtime: Any hours worked in excess of eight (8) in any one (1) day or forty (40) in one week shall be paid at the rate of time and one-half the employee's regular rate of pay. By mutual agreement with the affected employees, the district may work a ten (10) hour day, four (4) day week during the spring, summer and winter breaks. Overtime would be paid after ten (10) hours in any workday..3 Computing Overtime: All paid status time will be considered as time worked for the computing of overtime..4 Payment for Overtime: Overtime shall be paid in the pay period in which worked unless budgeted funds are not available..5 Compensatory (Comp) Time: Overtime payment shall be provided as comp time if budget funds are not available. Even if funds are available and the employee so elects with District agreement the employee may be credited with comp time. Comp time is to be used at a mutually acceptable time. Comp time may not be accumulated to exceed two hundred forty (240) hours. When the maximum is reached, all additional overtime will be paid in cash..6 Opportunity for Extra Hours: When assigning extra hours for extra work to be done, the building/site administrator will consider those part-time employees who have given written notice of their desire to work extra hours in their same job classification. Payment for those extra hours in the same job classification shall be at the employee s regular rate of pay. 2.7 Physical Examinations/Fingerprinting and Other Required Examinations.1 Physical examinations: Cost of physical examinations required by the District, State, or Federal Government shall be paid by the District..2 Fingerprinting: A new employee who was required to pay for fingerprinting will be reimbursed for same, commencing with the second (2nd) year of continuous employment. OSEA Chapter 26 North Bend [ ] 7

14 2.8 On-The-Job Injury 2.9 PERS.1 An employee who sustains an injury or illness compensable by Workers Compensation Insurance, and who is unable to perform his/her regular normal duties, may elect to be compensated in the amount of the difference between his/her regular salary and the total of Workers Compensation Insurance. The difference between these payments and the employee's regular salary shall be charged against the employee's accumulated sick leave..2 An employee who has sustained an industrial accident/illness, who has exhausted all other paid leave, and who is receiving a weekly Workers Compensation award, shall, when medically able to do so, be returned to his/her former position or to a paycomparable position for which he/she is qualified. This provision shall be effective upon exhaustion of sick leave and for a period of twelve (12) months thereafter, or as provided by the District s Family Leave Policy, or as provided by State and Federal Injured Workers Laws..3 If the employee is unable to return to work during the period prescribed in subsection.2, but is thereafter medically able to do so, his/her rights to reinstatement shall be as required by state law..4 The rights to reinstatement accorded herein will not grant the employee any rights beyond those accorded in Article 10 should a bona fide reduction in force occur. Subject to State Law and Administrative Rule, required employee contributions sent to Public Employees Retirement System on behalf of employees will be deducted from employee s wages prior to computation of income taxes Deductions from Paychecks Deductions from paychecks will be made for the following purposes:.1 Federal Income Tax withholding..2 Oregon Income Tax withholding..3 Classified employee s contribution to Social Security (FICA-Federal Income Contribution Act)..4 Workers Compensation Board assessment..5 Dues/Fair Share: Bargaining unit dues as requested, or "fair share" dues from non- Union members of the bargaining unit. a. The Board agrees to deduct from the wages of each employee for the payment of dues to the Union. b. All classified employees in the bargaining unit who are not members of the Union shall have deducted from pay an amount equal to the Union dues. c. The Board agrees to transmit the dues deducted and the amount of fair share to the state office of the Oregon School Employees Association by the 15th of the month following payroll deduction. OSEA Chapter 26 North Bend [ ] 8

15 .6 Upon the employee's request, deductions may also be made for Section 125, credit union, tax-sheltered annuities, and other items approved by the Board Mileage The Union agrees to lawfully implement this article and will indemnify, defend, and hold the District harmless against any claims made and against any suit instituted against the District on account of any payroll deductions for the Union. The Union will refund to the District any dues or fair-share monies paid to it in error. Any employee in the bargaining unit who is required, in the course of his/her work, to drive a personal automobile to conduct school duty, shall be reimbursed at the established Internal Revenue Service mileage rate Emergency Call-In Pay Employees in the Bargaining Unit called in to work in case of an emergency shall receive pay for a minimum of two (2) hours, based on their regular hourly rate. If such emergency time occurs on a holiday contained in this Agreement or on a regular day off the pay shall be time and one-half the employee s regular hourly rate. OSEA Chapter 26 North Bend [ ] 9

16 ARTICLE 3 INSURANCE 3.1 Medical Dental Care The insurance program may include health, dental, orthodontia and vision insurance purchased through the Oregon Educators Benefit Board (OEBB):.1 Beginning the month following the date of ratification of this Agreement, the District shall contribute a maximum of $ 1050 per month for each eligible employee. This amount shall be the maximum contributed to OEBB, to include any administrative fees. If a lesser amount is used by the employee because of the choice of insurance options or because the employee elects to waive all of the insurance coverage s, the remainder shall remain with the District and shall not be paid to OEBB..2 Should no new contract provisions for be ratified by the start of the insurance year (beginning October 1, 2016), the District shall be required only to maintain as the "status quo" the maximum dollar contribution of $1,050 per month until such time as a different amount is agreed to by the parties..3 Eligibility shall be defined as all non-temporary classified staff members employed for a minimum of 35 hours per week. The District agrees to pay, for staff employed less than 35 hours per week, a pro-rated amount toward the premium cost based upon their percentage of employment. The District shall not pay any pro-ration of premium where the employee is employed for less time than allowed by the terms of the insurance contract with the selected carrier..4 Employees must enroll in major medical insurance in order to use any portion of the district s insurance for dental or vision insurance. All employees who commenced service prior to March 1, 2006 shall have the coverage they were eligible for at that time and will be considered grandfathered for the term of this contract as long as their employment status remains unchanged..5 Employees who enroll in the OEBB plan with the highest deductible and a Health Savings Account (HSA) shall receive the difference between the District's maximum contribution ($1050) and the premiums for their selected medical, dental and vision insurance in an HSA on a monthly basis. In no case shall the District be required to contribute more than the maximums allowable by law into a HSA nor shall the district be required to make any alternate cash in lieu payments. 3.2 Disability Income The District shall provide long-term disability income coverage for eligible bargaining unit members in an amount equal to 2/3 of the first $4,500 (maximum of $3,000) of their basic monthly salary or as allowed by OEBB. Coverage shall commence on the 1 st day of the month following the date of hire. OSEA Chapter 26 North Bend [ ] 10

17 3.3 Group Life Insurance The District shall contract for a group term life insurance for each bargaining unit member in an amount equal to 200% of the contract salary rounded to the nearest $1,000.00, not to exceed a maximum of $150, Effective Date of Coverage Except for Disability Income Insurance as provided in Paragraph 3.3, all insurance coverage shall commence on the 1 st day of the month following the date of hire. 3.5 Termination of Benefits.1 For those insured employees who complete their scheduled work year of less than twelve (12) months as defined in this agreement, insurance premiums will be paid through August of that year..2 If the bargaining unit member works less than twelve (12) months, and if his/her employment is terminated between the end of the school year and the beginning of the ensuing school year, the District's payment of premiums shall continue through the month of August, except that disability income insurance shall end on the day of termination. However, termination of employment is not intended, in any way, to bar the individual's rights to disability insurance benefits if the person was eligible for such benefits prior to termination..3 If a bargaining unit member's employment is terminated prior to the end of the scheduled work year, insurance coverage shall cease as of the last day of the month he/she is employed, except that disability income insurance is terminated on the last day of employment. However, termination of employment is not intended, in any way, to bar the individual's rights to disability insurance benefits if the person was eligible for such benefits prior to termination..4 The District shall pay insurance premiums through the last day of the month following the expiration of available sick leave and other paid leaves such as vacation and comp time of an employee who is ill or disabled, or as provided by the District s Family Leave Policy and the Family Medical Leave Act. Said employee shall have the right to continue such insurance at his/her own expense thereafter in accordance with existing law as well as insurance policy provisions. 3.6 District Insurance Committee During the period of June 1 st June 10 th of each year of the contract, the District will convene a Chapter Insurance Committee, with representatives appointed by the Association to represent classified employees interests, to review OEBB options and recommend any changes in the plans chosen for members of the bargaining unit. The Association s plan selections shall be forwarded to the District 15 days prior to the deadline for the District to finalize selections with OEBB. 3.7 District payment into a 125 account: Provided the District makes the final selection of OEBB insurance plans, effective October 1, 2013, full time employees eligible for insurance benefits from the District and enrolled in medical insurance coverage through the District shall have $500 annually deposited by the District into a Section 125 account or, if enrolled in the OEBB plan with the highest deductible and with a Health Savings Account (HSA), into the HSA for use in paying co-pays, deductibles or for uncovered medical, dental or vision care. OSEA Chapter 26 North Bend [ ] 11

18 Full-time employees who waive coverage in District (OEBB) medical, dental and vision insurance shall have $500 annually deposited into a Section 125 account for use in paying medical care costs. Part-time employees shall have a prorated share of the amount deposited in a Section 125 account. Persons employed in positions with assigned times of less than four (4) hours per day are not entitled to insurance coverage as provided herein. However, they are entitled to a prorated share of the Section 125 amounts as listed above. OSEA Chapter 26 North Bend [ ] 12

19 ARTICLE 4 LEAVES 4.1 Sick Leave.1 Classified personnel who are absent because of personal sickness shall receive their regular compensation during such absence if they have accumulated unused sick leave. Sick leave shall include maternity during the period of disability that is verified by a physician..2 Sick leave shall be granted at the rate of ten (10) days per school year for all bargaining unit members who are employed for 191 to 210 days; at the rate of eleven (11) days per school year for those who are employed for 211 to 230 days; and at the rate of twelve (12) days per school year for bargaining unit members who are employed for 231 or more days..3 Sick leave shall be credited to the employee's account at the beginning of the fiscal year except that a pro rata amount shall be credited from the time of employment through the balance of the current fiscal year for first-year employees who are hired after the start of the fiscal year. Unused sick leave shall accumulate without limit..4 When Physician Statement May be Required: An employee absent for more than five (5) consecutive days may be asked for a physician's statement concerning the need to remain off the job or their readiness to return to the job..5 Accumulated/Unused Sick Leave Accounting: By November 25 each year, each classified employee shall be given an accounting of his/her use and accumulation of sick leave..6 Exhaustion of Paid Leave -- Unpaid Leave: An employee who has exhausted his/her accumulated sick leave, and other paid leaves such as vacation and comp time, and whose health or physical condition make it impossible for the employee to properly discharge his/her duties, may apply for an extended leave of absence. Such leave shall be without pay, insurance (except that the employee can continue coverage during the leave at his/her expense), or other benefits, and shall not cause the awarding of vacation or sick leave or an advancement in scheduled increments. At the conclusion of the leave, the employee shall be reinstated in the position he/she held before taking the leave. Applications for such leave of absence may be made prior to the expiration of paid leave and, if approved, shall commence on the day following the expiration of paid leave..7 Transfer of Sick Leave: Every new employee of the District who has worked in other Oregon districts, shall, after thirty (30) working days, be eligible to transfer previously earned sick leave credits as follows: a. All those days previously carried by another Oregon district(s) and for which the employee provides proper certification from the previous district. b. That usable for sick leave purposes shall not exceed seventy-five (75) days of the total transferred and those must be certified as having been available for sick leave usage in his/her last district of employment. OSEA Chapter 26 North Bend [ ] 13

20 c. The balance of the number of days transferred in after crediting for sick leave purposes per sub-paragraph (2) above, shall be credited for possible usage as retirement credits as per ORS (5)..8 Employees may use up to ten (10) ten days per year of accumulated sick leave in case of an injury or illness in the employee s family (spouse, parent, child, sibling, parentsin-law, domestic partner). Sick Leave Donation Program Purpose: The purpose of a sick leave donation program is to provide a safety net for employees who face long-term illnesses or unforeseen medical emergencies that have exhausted sick leave and do not qualify for long-term disability benefits. Bargaining unit employees shall be eligible to participate in a sick leave donation program. All bargaining unit employees who wish to donate leave day(s) to the recipient must donate one (1) personal leave day by completing the appropriate form (Form: LDON A-1). Employees who donate a personal leave day may also donate a sick leave day from their accumulated sick leave..1 When an employee faces a long-term absence from a serious illness (over five days) and has exhausted his/her sick leave, he/she can request days by contacting the Union Vice-President. The leave should be for the period of treatment for the illness whether that time is consecutive or intermittent. Recipients will be limited to forty-five (45) days per recipient in any given school year. (form: LREQ A-2) The sick leave donation program shall not cover normal delivery All paid leave and paid vacation days, shall be exhausted before accessing sick leave donation days..2 If the Association determines that the recipient s request meets the purpose stated above and the conditions stated in this section, the Association will contact members of the bargaining unit to obtain donated days of leave. All bargaining unit employees who wish to donate leave day(s) to the recipient must donate one (1) personal leave day by completing the appropriate form (form LDON A-1). Employees who donate a personal leave day may also donate a sick leave day from their accumulated sick leave. Contributed personal leave will be used first before contributed sick leave..3 As with all long-term medical leave, the District may require a physician s statement prior to the granting of donation days. Only lack of medical verification or failure to exhaust paid leave shall be used to deny the use of sick leave donation program days..4 The Union Vice-President shall oversee operation of this sick leave donation program with the assistance of designated central office personnel. 4.2 Personal Leave Classified employees shall be granted two (2) days of personal leave annually provided a suitable substitute, if required, can be obtained. Except in the event of an emergency, a request form - "Request for Approval for Absence from Regular Duty" - should be submitted one (1) week in advance. OSEA Chapter 26 North Bend [ ] 14

21 4.3 Critical Illness or Funeral Leave Classified employees shall be granted five (5) full day s pay, and more at the option of the superintendent, for the absences necessitated by the critical illness or death of a member of the immediate family. Immediate family, as used in connection with this leave provision, shall include grandfather, grandmother, father, mother, sister, brother, husband, wife, child, son-in-law, daughter-in-law, domestic partner, or grandchild of the person applying for the leave. The leave shall also be granted in the case of the critical illness or death of a member of the immediate family of the wife or husband of the employee. Should the classified employee need to extend this leave limitation, he/she may use his/her personal leave or sick leave up to two (2) days, and if he/she still needs to be away from his/her work for a longer period, he/she may be granted additional unpaid leave with the approval of the Superintendent or Board. 4.4 Military Leave Military leave shall be granted employees in accordance with all mandatory state and federal laws. 4.5 Maternity Leave.1 Employment Implications: Classified personnel shall be granted, upon request, a maternity leave and/or parenting leave without pay for up to one (1) year without jeopardizing their employment status and without jeopardizing their normal advancement on the salary schedule: however no credit toward step advancement shall be earned if the employee is on non-fmla/ofla unpaid leave for more than six months during the fiscal year..2 Fringe Benefits: District insurance programs, except for disability insurance will be provided at District expense one (1) month beyond start of maternity leave and may be continued for the balance of the leave period at the employee's expense..3 Sick Leave: Employees on maternity leave will be eligible for sick leave benefits in accordance with Article 4, Section Adoption Leave Classified personnel may be granted a leave without pay not to exceed one (1) year for the purpose of adoption and caring for a child. Contract status and normal advancement on the salary schedule shall not be jeopardized: however no credit toward step advancement shall be earned if the employee is on non-fmla/ofla unpaid leave for more than six months during the fiscal year. District insurance programs may be continued throughout the leave period at the employee's expense. 4.7 Parental Leave Classified personnel may be granted a leave without pay not to exceed one (1) year for the purpose of assisting with the care of an infant, or ill, or disabled child. Contract status and normal advancement on the salary schedule shall not be jeopardized. District insurance programs may be continued throughout the leave period at the employee's expense. This leave is intended to fulfill the District's obligation under state and federal law in regards to parental leaves. 4.8 Leaves for Jury Duty A classified employee who is called for jury duty, or subpoenaed to give testimony before a judicial tribunal, in arbitration, negotiations, or mediation proceedings which necessitate his/her absence OSEA Chapter 26 North Bend [ ] 15

22 from duty, shall be compensated for the difference between the classified employee's regular salary and the pay received for such obligation for the period he/she is away from his/her regular employment. The District reserves the right to petition to have an employee exempted from jury duty service in situations where lengthy employee absence would impose a hardship on the District. 4.9 Other Leaves.1 An employee may, upon written request, be granted an unpaid leave of absence for up to one (1) year. The Board of Directors of the District may authorize such leave for a specified period of time. The employee may at the end of the leave period request an extension of the leave. During a period of unpaid leave of more than sixty (60) work days, the employee shall not receive seniority for the purpose of determining lay-off rights. If the employee wishes to return during the period of the leave, he/she shall notify the superintendent, and the employee will be returned, during the original period of leave, to the next available opening that the employee is qualified to fill..2 Insurance During Leave: District insurance programs, except for disability insurance, will be provided at District expense for the month following the month in which the leave was commenced, unless the leave was commenced on the 1 st day of the month, and may be continued for the balance of the leave period at the employee's expense, in accordance with the provisions of the various insurance policies Failure to Obtain Approval Absence of an employee from duty, including any absence for a single day or a part of a day, which is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an unexcused absence without pay and subject to disciplinary action. The disciplinary action may be termination Failure to Provide Notice of Intent to Return An employee who has been granted a leave of absence must provide notice to the District, no earlier than 90 calendar days and not later than 60 calendar days prior to the end of the approved leave, of the employee s intent to return to work. An employee who fails to notify the District of the employee s intent to return to work shall be considered to have resigned, and the position shall thereupon be declared vacant Failure to Return An employee who has been granted a leave of absence and who for any reason fails to return to work at the expiration of such leave of absence shall be considered to have resigned, and the position shall thereupon be declared vacated; except and unless the employee, prior to the expiration of the leave of absence, has furnished evidence of inability to return to work by reasons of sickness, physical disability, or other reasons deemed legitimate by the Superintendent or his/her designee. OSEA Chapter 26 North Bend [ ] 16

23 ARTICLE 5 WORKDAY 5.1 Work Hours All full-time classified employees shall be on the job for eight (8) hours exclusive of the scheduled lunch period. If classes are canceled due to inclement weather, classified employees, other than twelve (12) month employees, will not be required to work, and pay will not be reduced. However, the school year will be extended, if necessary, to reinstate lost workdays without additional compensation. Maintenance and custodial employees will be expected to work as necessary to care for the maintenance and security of their buildings and equipment even though classes are not held. 5.2 Work Breaks Each employee shall receive a 10-minute rest during each 4-hour period of consecutive service. Such break shall be as close as possible to the halfway point of the work period in the immediate supervisor's judgment. Such breaks shall be controlled by the employee's immediate supervisor. 5.3 Lunch Period Any employee working more than five (5) hours per day shall receive an uninterrupted unpaid lunch period of at least one-half hour, and such time shall be in addition to the workday. Such time shall be scheduled by the employee's immediate supervisor and be as near as possible to the halfway point in the shift. OSEA Chapter 26 North Bend [ ] 17

24 ARTICLE 6 WORK YEAR/CALENDAR The Union President and two other classified bargaining unit members, whom the President will appoint, shall be given the opportunity to consult with the Superintendent in formulating a calendar recommendation to the school board. Prior to May 30 of each school year, employees will receive notice of projected workdays for the next school year. OSEA Chapter 26 North Bend [ ] 18

25 ARTICLE 7 HOLIDAYS 7.1 Paid Holidays for All Employees Each member of the bargaining unit shall receive the following paid holidays: The Thursday before Labor Day The Friday before Labor Day Labor Day Veteran's Day Thanksgiving President's Day Memorial Day Martin Luther King Day 7.2 Additional Holidays for 12-Month Employees Independence Day Day following Thanksgiving Christmas Eve Day Christmas Day New Years Day These holidays will be observed in accordance with ORS , Section 1, and ORS , Section 2. All regular employees in the bargaining unit will be compensated for the holiday as though they had worked a regular schedule for the day. 7.3 Added Holidays for All bargaining Unit Members In addition, the Board shall designate two (2) additional paid holidays for members of the bargaining unit. 7.4 Eligibility To be eligible for holiday pay, an employee must have been in a paid status either the day before or the day after the holiday unless otherwise provided for herein. 7.5 Holiday Pay.1 Normal Holiday Pay: An employee shall receive the same pay as if required to work that day..2 Overtime Pay on Holiday: An employee who is required to work on a holiday shall, in addition to the holiday pay, receive time and one-half for hours required to work. OSEA Chapter 26 North Bend [ ] 19

26 ARTICLE 8 JOB VACANCIES 8.1 Job Openings.1 Length of Posting: Unless unusual circumstances exist, when a bargaining unit position has been permanently vacated, the District will post that position as outlined herein only if the District intends to fill the position. The District will also post all newly created positions as outlined herein, unless unusual circumstances exist. Postings will be for seven (7) work days except for the month of August, when the posting period will be three (3) work days. All postings will list the position, hours worked per day, wage and the location (subject to change by administration at any time). Postings shall be displayed at the District Office and at each building..2 Bidding and Selection: Any bargaining unit member may bid for any open bargaining unit positions. When the qualifications of two (2) or more of the top applicants are equal in the judgment of the person(s) responsible for filling the vacancy, the applicant with the most seniority shall be selected. There shall be a minimum of two (2) supervisors/administrator representatives involved in interviews for regular full-time positions when feasible. The vacancy will be filled or re-posted if no qualified person is selected, within twenty (20) workdays after the closing date for bidding, if the District intends to fill the position..3 The District shall the Union President all job postings within the classified bargaining unit. Upon filling of such positions, the District will provide the name of the person selected and the work assigned. 8.2 Summer Employment.1 Use of District Personnel: Insofar as it is possible and practicable, consistent with skills required, the District shall employ less than twelve (12) month employees to fill temporary positions used during the summer recess..2 Order of Employment: If there is need for persons who are employed in less than twelve (12) month positions to perform the same duties as during the regular year (e.g., custodians to do custodial work), they shall be so employed first, and will be treated for the summer as if they had been designated as twelve (12) month employees. Next, if a re-employment list (or lists) exist in the classification where work is required (e.g., custodial), the persons so listed shall be accorded the opportunity to work in accordance with seniority. Finally, all others who are regularly employed in less than twelve (12) month positions will be extended, by total seniority, if they are qualified and if the opportunity for summer employment exists..3 Summer Wage Rates: a. Those assigned to perform like work (e.g., custodial), shall be continued on their regular wage rate and otherwise treated as a twelve (12) month employee. OSEA Chapter 26 North Bend [ ] 20

27 b. Employees employed for summer work for the first year will be placed on the First Step of the current contract and will remain on that step in his/her next summer of like work. At the beginning of the third summer of a work assignment in the same class, the employee will be placed on the Second Step of the current contract and remain there during the next summer of like work. At the beginning of the fifth summer of employment in the same class, the employee will be placed on the Third Step of the current contract. OSEA Chapter 26 North Bend [ ] 21

28 ARTICLE 9 PERSONNEL FILE 9.1 Confidentiality/ Location The official file of each employee is confidential and shall be kept in the District Office. 9.2 Open for Inspection The personnel file shall be open for inspection by the employee during regular office hours, but shall be open only to such other persons as are officially designated by the District or by the employee. 9.3 Personnel Information Information that reflects critically upon an employee shall not be placed in an employee's personnel file that does not bear either the signature of the employee indicating that the employee has been shown the material or a statement by the employee's supervisor that the employee has been shown the material and has refused to sign it. A copy of such material shall be furnished to the employee. 9.4 Written Statements by Employee The employee shall have the right to make a written statement relating to any evaluation, reprimand, charge, action, or any matter placed in the personnel file. 9.5 Timeliness of Critical Entries All materials that reflect critically upon an employee must be discussed with the employee within sixty (60) calendar days of the immediate supervisor's knowledge of the alleged incident. A record of such discussion may be kept in the working file. Any written reprimand or unpaid suspension shall be placed in the official personnel file after distribution to the employee. 9.6 Preventing Misuse of Improperly Filed Material Material placed in the personnel file of an employee without conformity with the provisions of this Article will not be used by the District in any subsequent evaluation or disciplinary proceeding involving the employee. 9.7 Removal of Adverse Material Employees may request that adverse materials be removed from their personnel files. If the Superintendent agrees, the material will be removed. OSEA Chapter 26 North Bend [ ] 22

29 ARTICLE 10 LAYOFF AND RECALL 10.1 Authority The District retains the absolute authority and discretion to effect reductions in force occasioned by financial emergencies, or as a result of administrative decision. The District agrees that when a layoff is ordered, it will follow the procedures outlined herein Definitions.1 "Administrative Decisions" includes, but is not limited to, those actions of the Board of Directors which reorganize and/or eliminate positions or class of positions..2 "Layoff" means the displacement of an employee through abolition of his/her position..3 "Bumping" means to displace another employee from a position where the person is less senior than the person doing the bumping..4 "Seniority: means: a. Seniority is applied the same regardless of whether the employee has been full or part-time. b. Seniority is the total paid status time of an employee, based on the unbroken service of an employee beginning with the first day of regular employment with the District. c. Any authorized, unpaid leave which exceeds sixty (60) working days will not count toward seniority but will not break seniority Notice.1 Requirement: In the event that a reduction in force is ordered, the District will provide the following notice: a. If it is the result of an administrative decision, the Union will receive notice of not less than thirty (30) calendar days. b. If it is a fiscal emergency, the District will notify the Union as soon as possible when such decision has been made. c. The notice will specify the reasons therefore, ) classification(s) and job family(ies) affected, and names of employees to be laid off Union/Management Discussions The Union may, upon notification of the layoffs, request to meet with a designated District representative to discuss the pending layoff. As part of the discussions relative to displacement procedures, the Union may provide the District with suggestions or recommendations for reductions. However, such suggestions or recommendations shall not be construed as a right to bargain such issues, nor shall it cause time-lines to be extended, unless the District so desires; nor shall it deter the District from placing its determined course of action into effect. OSEA Chapter 26 North Bend [ ] 23