BURR RIDGE COMMUNITY CONSOLIDATED SCHOOL DISTRICT #180 COLLECTIVE BARGAINING AGREEMENT C.C.S.D. #180 BOARD OF EDUCATION

Transcription

1 BURR RIDGE COMMUNITY CONSOLIDATED SCHOOL DISTRICT #180 COLLECTIVE BARGAINING AGREEMENT BETWEEN C.C.S.D. #180 BOARD OF EDUCATION AND TEACHERS ORGANIZATION OF PALISADES IEA/NEA

2 Burr Ridge Community Consolidated School District 180 Collective Bargaining Agreement Between CCSD 180 Board of Education and Teachers Organization of Palisades IEA/NEA A. RECOGNITION ARTICLE I. RECOGNITION The Board of Education of Community Consolidated School District #180, DuPage County, Burr Ridge, Illinois, hereinafter referred to as the Board, recognizes the Teachers Organization of Palisades, IEA- NEA, hereinafter referred to as the Association, as the sole and exclusive negotiating agent for regularly employed certificated teachers, but excluding the superintendent of schools, principals, short term employees who work less than sixty (60) consecutive days, part- time teachers employed less than half- time, and any other employee hired as a supervisor, manager or confidential employee as defined in the Illinois Educational Labor Relations Act. The term teacher, when used hereinafter in this agreement, shall refer to all employees represented by the Association in the negotiating unit as determined above. A. BOARD RIGHTS ARTICLE II. BOARD, TEACHER, AND ASSOCIATION RIGHTS It is recognized that the Board of Education and Administration hereby retain and reserve unto themselves all rights, powers, authority, duties, and responsibilities conferred upon or vested in them by law. The parties agree that all customary and usual rights, powers, functions, and authority possessed by management are vested in the Board of Education, and the corporate authority of the Board shall continue to exclusively exercise such powers, duties, and responsibilities during the period of this Agreement and in accordance with this Agreement as may be appropriate. B. PROFESSIONAL TEACHING PERSONNEL Teachers have the right to join any organization for their professional or economic improvement. 2

3 C. FAIR SHARE 1. Each teacher, as a condition of his/her employment, on or before thirty (30) days after the date of commencement of his/her employment or the effective date of this Agreement, whichever is later, shall join the Association or pay a fair share fee to the Association equivalent to the proportionate share of the cost of the collective bargaining process and administration of the contract (as computed annually by IEA). 2. In the event that a teacher does not pay his/her fair share fee directly to the Association no later than thirty (30) days following the commencement of employment of the teacher or the effective date of this Agreement, whichever is later, the Board shall deduct the fair share fee in eighteen (18) equal installments from the regular salary checks of the teacher. 3. Such fee shall be paid to the Association by the Board no later than ten (10) days following deduction. 4. In the event of any legal action against the Board brought in a court or administrative agency because of its compliance with this Article, the Association and the IEA/NEA agree to defend such action, at their own expense and through their counsel, provided: a) The Board gives immediate notice of such action in writing to the Association, and b) The Board cooperates with the Association and its counsel in such action, which may include securing and giving evidence and making relevant information available at both trial and all appellate levels. 5. The Association and the IEA/NEA agree that in any action so defended, they will indemnify and hold harmless the Board from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Board's compliance with this Article. It is expressly understood that this save harmless provision will not apply to any claim, demand, suit or other form of liability which may arise as a result of any type of willful misconduct by the Board. 6. The obligation to pay a fair share fee to the Association will not apply to any teacher (each, an objecting teacher ) who, on the basis of a bona fide religious tenet or teaching of a church or religious body of which such objecting teacher is a member or a belief sincerely held with the strength of traditional religious views, objects to the payment of a fair share fee to the Association. 3

4 7. Upon proper substantiation and collection of all or any portion of the applicable fair share fee from an objecting teacher, the Association will make payment on behalf of the objecting teacher to a non- religious charitable organization selected by the objecting teacher as per Association policy and the Rules and Regulations of the Illinois Educational Labor Relations Board. D. BOARD AGENDA TO ASSOCIATION The President of the Association shall receive a copy of each Board agenda and related materials that are considered public information via electronic transmission after distribution to the Board members. E. INFORMATION TO ASSOCIATION The Board agrees to make available to the Association information and reports which are prepared for the public by posting such information on the District Website. F. NEW EMPLOYEE INFORMATION Names and addresses of newly hired teachers shall be provided to the Association within fourteen (14) days after the respective dates of commencement of their employment unless a newly employed teacher indicates in writing that his/her address shall not be provided. The Superintendent or his or her designee and the Association President or his or her designee may be present at the new employee orientation. G. LEAVE FROM BUILDING Teachers shall be permitted to leave the school building during any preparation period or lunch break, if the teacher reports to the school office when leaving and returning to the school building. Teachers shall not be considered to be at work for the purposes of liability upon the Board when leaving the building during the day unless assigned to leave by the building principal. It shall be the responsibility of the teacher to report to the building on time for assigned and scheduled duties. H. COMMUNICATION BY ASSOCIATION The Association may post materials on a designated bulletin board in each school building and use the mailboxes in each building, with copies of all general announcements and/or flyers being provided to the administration. These facilities shall not be used for public political purposes. The Association may use the district system to notify members of Association meetings, upcoming events and postings. 4

5 I. USE OF SCHOOL BUILDINGS AND EQUIPMENT The Association can use the school buildings and equipment for meetings by obtaining the Principal's approval and by complying with the rules and regulations of the Board about facility use consistent with other outside organizations. J. NOTICE OF ASSOCIATION LEADERSHIP The Association will serve the Board a written notice which shall list the Association's authorized officers and building representatives who will deal with the Board, make commitments for the Association generally, and in particular have the sole authority to act for the Association. The written notice will be provided as soon as practical when changes in the positions above occur and be mailed to the district office to the attention of the President of the Board. K. NEW TEACHER ORIENTATION The Association will be permitted not more than one hour during the New Teacher Orientation Day to discuss Association business with new teachers. The Superintendent must receive the written request no later than July 15 th. The Superintendent will schedule appropriate time during New Teacher Orientation. Attendance at the Association presentation is optional on the part of the new teacher. L. BEGINNING OF THE SCHOOL YEAR IN- SERVICE. The Association will be permitted not more than thirty (30) minutes during the one of the beginning of the year teacher in- service days. The Association president will request this time if needed no later than July 15 th to the Superintendent. ARTICLE III. NEGOTIATIONS A. GENERAL PRINCIPLE OF NEGOTIATIONS The purpose of recognition is a mutual agreement between the parties to negotiate in good faith. Good Faith is defined as the mutual responsibility of the Association and the Board to deal with each other openly and fairly and endeavor to reach agreement on items being negotiated. It does not imply that either party will agree with, or accept, the other party's proposals, or be compelled to reach agreement on specific topics. B. COMMENCEMENT OF NEGOTIATIONS Negotiations shall begin no later than March 15th in the year in which this Agreement terminates unless both parties agree to an alternate date. 5

6 C. AUTHORITY Both parties agree that it is their mutual responsibility to confer upon their respective representatives the necessary power and authority to make proposals, consider proposals, and make counter- proposals in the course of negotiations. D. AGREEMENTS During negotiations, agreed upon material shall be prepared for the Board and the Association negotiating teams and initialed prior to the adjournment of the meeting. Secretaries (recorders) for both parties shall keep records until full agreement and ratification is obtained. E. MEDIATION If agreement is not reached prior to the fifteenth (15) day before the scheduled start of school in the year in which this Agreement terminates, the parties then jointly shall request that the Federal Mediation and Conciliation Service appoint a mediator. The mediator shall meet with the parties as soon as possible and take such steps, as he/she deems appropriate to assist the parties to reach agreement. The mediator shall not make public any recommendations or positions of the parties. F. RATIFICATION When the Association and Board reach final agreement on all matters being negotiated, the items will be reduced to writing and shall be submitted to the membership of the Association for ratification and then to the Board for official approval. There shall be two (2) signed copies of the final Agreement between the parties, with one copy being retained by the Board and one copy retained by the Association. G. PREPARATION/PRINTING OF AGREEMENT Within thirty (30) days after the ratification by the parties, the final document shall be finalized in proper form and sufficient copies printed for distribution to the parties. Twenty (20) additional copies shall be given to the Association President. The parties shall share equally in the expense of preparation and printing There shall be two (2) signed copies of any final Agreement. One (1) copy shall be retained by the Board and one (1) by the Association. An electronic copy of the contract should be agreed on and shared by both parties. 6

7 ARTICLE IV. TEACHER PROTECTION A. REPRESENTATION A bargaining unit member shall be entitled to have an Association representative present during any meeting with the bargaining unit member which is reasonably likely to result in a reprimand, suspension, dismissal, or other material disciplinary action. B. JUST CAUSE No bargaining unit member shall be disciplined without just cause. The subject teacher will be given at least one (1) business days notice of any conference with that teacher which is reasonably likely to result in material disciplinary action, in order to permit such teacher to arrange for the presence at the conference of an Association representative; provided that such notice period may be shortened in the event of emergency, the presence of a third party at the conference who objects to the delay, or other exigent circumstances. If less than one (1) business days notice of such a conference has been given, the administrator conducting the conference will inform the teacher of his/her right to have an Association representative present before conducting the conference. If the teacher then requests the presence of an Association representative at the conference, the administrator may elect among the following alternatives: (a) wait for the Association representative to arrive before continuing with the conference (b) reschedule the conference, if possible (c) permit the teacher to choose (at his/her sole election) to continue with the conference without representation; or (d) permit the conference to continue among the participants, other than the teacher. A conference to discuss a teacher s evaluation shall not be construed as reasonably likely to result in material disciplinary action. If a teacher is required to appear before the Board in connection with a material disciplinary proceeding against such teacher, the teacher shall be advised in writing of the reason(s) for the required appearance. 7

8 C. PARENT- STUDENT COMPLAINTS - PROCEDURE Notice shall be given within five (5) school days after any complaint is made to the Administration by a parent or a student alleging misconduct by a teacher, which, if true, would reasonably be expected to result in a reprimand, suspension, dismissal, or other serious disciplinary action against the teacher. Unless, in the reasonable discretion of the Administration, there is an over- riding need for confidentiality, the teacher is to be informed of the source and nature of the complaint. No final action with respect to such allegations shall be taken by the Administration until a scheduled conference has taken place. Resolution generally shall be attempted by conference among the following parties in the following priority: (a) complainant, teacher, and principal; (b) complainant and principal; (c) complainant and superintendent; and (d) complainant and Board; provided that the order of resolution may be varied in the event of emergency, allegations of conduct that is subject to requirements of mandatory reporting to third parties (e.g., Department of Children and Family Services, police), or other exigent circumstances. Notes shall be taken at the conference and the results of the conference shall be documented, to be signed by all participants in the conference. Both the teacher and the Administration shall be provided with a copy of this writing. D. PERSONNEL FILE A copy of a teacher s evaluation should be filed in his/her personnel file within a reasonable time after completion of the evaluation (within ten (10) school days). Each teacher has the right to respond to any material in his/her file, including evaluations, and any such response will be attached to the original material to which it relates and filed in the teacher s personnel file after submission (within ten (10) school days). Either party may request and receive an extension of time for up to five days. E. PROFESSIONAL DEVELOPMENT COMMITTEE A Professional Development Committee, shall meet as needed and submit recommendations to the Superintendent concerning in- service and/or institute topics of interest. 8

9 F. CURRICULUM AND PROGRAM INPUT Teachers may submit suggestions, data and/or research regarding classroom organization, scheduling of classes and choice and implementation of curriculum and programs. ARTICLE V. TEACHER EVALUATION - PURPOSE A. PHILOSOPHY FOR TEACHER EVALUATION The Board and Administration recognize that the evaluation of Teachers is an essential process that is a continuous, constructive, and cooperative effort between the teacher and administration relative to improvement of instruction. The evaluation of teaching serves four purposes. 1. To assist each teacher in improving professional performance. 2. To raise the quality of instruction and educational service. 3. To raise the standards of the teaching profession. 4. To make a continuous effort toward teacher effectiveness. The parties believe that continuous evaluation should provide each teacher opportunities to grow in competence. It is the responsibility of the administration to insure that evaluation procedures indicate expectations, recognize strengths, and identify areas of improvements for the teacher. B. DECLARATION OF PRINCIPLES The parties desire to establish procedural guidelines for teacher evaluations in order for teachers and their evaluators to have a format within which evaluations will be conducted. The Association acknowledges that the Board has the inherent managerial right to exclusively establish and enforce standards and criteria of performance and competency, to evaluate teacher performance, and to determine which teachers shall be retained or dismissed for their performance. Nothing contained in this article or any other provision of this Agreement is intended expressly or by implication to abridge the Board's right to evaluate, gather data about teacher performance, and determine the employment status of a teacher. C. PROCEDURAL GUIDELINES 1. Within thirty (30) days after the first day of the school term or before teacher evaluations begin each building administrator shall advise the teachers in the building of the evaluation procedure. 2. Teachers will be formally observed by a qualified individual under applicable law. Teachers may be informally observed by a qualified individual without advance notice to the teacher. If the informal observation is used as part of 9

10 a teacher's final evaluation, it shall be reduced to writing and discussed with the teacher. An evaluation will be in writing and discussed with the teacher within ten (10) school days after the final observation. 3. Procedure for Non- Tenured Teachers A. By October 31 of each year, there shall be not less than one full period of classroom observation followed by a conference. Any areas of immediate concern will be identified, discussed, and documented. Teachers shall be afforded an opportunity to correct any dissatisfaction. B. By February 28 of each year, there shall be not less than an additional full period of classroom observation followed by a conference. A tentative written report will be prepared for and discussed at the conference. 4. Procedure for Tenured Teachers A. There shall be not less than one full period of classroom observation followed by a conference and written report subject to the same procedures as provided for non- tenured teachers. B. Tenured teachers shall be evaluated at least once during their first year of tenure and at least every other school year thereafter. 5. The evaluator will rate the teacher s performance as directed by the School Code 6. A Committee composed of two tenured teachers and two members of Administration shall convene to consider the development of an alternative form of evaluation for tenured teachers that will be in addition to the current process. D. EXCLUSIONS A teacher's evaluation shall not be subject to the grievance- arbitration procedure. The procedures contained in Article V, section C, 1, 2, and 3 are subject to the grievance- arbitration procedure. A. DEFINITIONS 1. GRIEVANCE ARTICLE VI. GRIEVANCE PROCEDURE A grievance shall mean a complaint by one or more teacher(s) or the Association, on its behalf or on behalf of a teacher, that there has been an alleged violation, misinterpretation, or misapplication of the terms of the Agreement, provided that the Association will not pursue a complaint on behalf of a teacher without the consent of such teacher. 10

11 All time limits shall consist of school days, except when a grievance is submitted fewer than ten (10) days before the close of the school year; then time limits shall consist of business days. B. RIGHT TO REPRESENTATION An Association representative by the choice of the teacher(s) may be present if requested by the aggrieved at any meeting, hearing, appeal, or other proceeding related to a grievance which has been formally presented at STEP 1. Nothing contained herein shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with the immediate supervisor and having the grievance adjusted without intervention of the Association, provided the adjustment does not violate any part of this Agreement. Nothing contained herein prevents the aggrieved and/or the supervisor from assisting to attempt to resolve the situation before a formal grievance is filed. C. STATEMENT OF PRINCIPLES 1. Every teacher covered by this Agreement shall have the right to present grievances in accordance with these procedures, with or without representation. Nothing contained in this Article or elsewhere in the Agreement shall be construed to prevent any teacher from discussing and resolving a matter with the building principal without intervention or representation of Association representatives. 2. A teacher who participates in these grievance procedures shall not be subjected to discipline or reprisal because of such participation. 3. The failure of a teacher or the Association to act on any grievance within the prescribed time limits will act as a bar to any further proceedings with respect to such grievance. An administrator's failure to give a decision within the time limits shall permit the grievant to proceed to the next step. Any time limit may be extended by written agreement, however, an illness or other incapacity of a participant shall be grounds for any necessary extension of the grievance procedure time limits. D. PROCEDURE The parties hereto acknowledge that it is desirable for a teacher and the immediate supervisor involved to resolve problems through free and informal communications. If such informal processes fail to satisfy the teacher, a formal grievance may be processed as follows: Step One: An attempt shall be made to resolve any grievance in informal discussion between the grievant and the building principal or Superintendent. The grievant may request Association representation at this time. 11

12 Step Two: In the event a grievance has not been resolved informally, the grievant shall present the grievance in writing to his/her building principal. The written grievance shall state the reason of the grievance, shall note the specific clause or clauses of the Agreement allegedly violated, and shall state the remedy requested. The filing of the formal written grievance at this step must be within fifteen (15) school days from the date of the last informal meeting date. The building principal shall reply in writing to the grievance within ten (10) school days after written presentation of the grievance. Such reply shall include the reason upon which the decision was based and shall be communicated in writing to the grievant and the Superintendent. Step Three: If the grievant is not satisfied with the decision reached in Step Two, the grievant may file an appeal with the Superintendent within ten (10) school days after the building principal's written decision. Within ten (10) school days after such written appeal is filed, the grievant and the Superintendent shall meet to resolve the grievance. Each party shall have the right to present such witnesses as it deems necessary to develop facts pertinent to the grievance. The Superintendent shall file a written answer within ten (10) school days of the meeting communicating the reason for the decision to the grievant and the building principal. Step Four: If the action of Step Three fails to resolve the grievance to the satisfaction of the grievant, within fifteen (15) school days after the issuance of the Superintendent's Step Three response, the Association may submit the grievance to binding arbitration. The American Arbitration Association ( A.A.A. ) shall be requested to submit a list of nine (9) arbitrators from which the parties shall select an arbitrator by striking names from the list, with the Board of Education having the first opportunity to eliminate a name. If either party is dissatisfied with the list sent by the A.A.A., prior to striking the list, another list can be requested. a. Each party shall bear its own costs in the arbitration, provided that the cost of the arbitrator and the A.A.A. shall be divided equally between the parties. b. If either party requests a transcript of the proceedings, that party shall bear the full cost of the transcript. If both parties order a transcript, the costs of two (2) transcripts shall be divided equally between the parties. If the arbitrator requests a copy of the transcript, the costs shall be divided equally between the parties. c. No party shall be permitted to assert any grounds or evidence before the arbitrator, which had not been previously disclosed to the other party during the previous steps. d. The arbitrator shall have no power to nullify, alter, amend, and/or add 12

13 to the terms of this Agreement. The arbitrator's authority shall be strictly and narrowly limited to deciding only the grievance and remedy as originally filed. The arbitrator's decision and remedy must be based solely and only upon interpretation of the meaning or application of the express relevant language of this Agreement. E. OTHER CONDITIONS 1. BYPASS TO SUPERINTENDENT If the grievant and Superintendent agree, step two of the grievance procedure may be bypassed and the grievance brought directly to step three of the procedure. 2. GRIEVANCE MULTIPARTY Grievances involving more than one teacher or more than one building principal, and grievances involving an administrator above the building principal level may be initially filed at the Step Two level. 3. GRIEVANT, ASSOCIATION AND BOARD COOPERATION The instructional and regular duties of the teachers within the district shall not be interrupted in the investigation of any alleged grievance. The parties will attempt to work together to resolve a grievance on the lowest possible level. 4. HEARINGS AT STEP FOUR All Step Four hearings shall be held at times mutually agreed among the arbitrator and the parties. 5. EXCLUSION OF REMEDIES In the event a grievant commences a proceeding in any state or federal court or before any administrative agency asserting an alleged violation of this Agreement, such remedy shall be temporarily exclusive, and the grievant shall be temporarily barred from invoking this grievance procedure until the pending proceeding has been completed. 6. NO REPRISALS BY GRIEVANT, ASSOCIATION AND/OR BOARD No reprisals of any kind shall be taken by the grievant, Association and/or Board and agents of the Board against any teacher because of participation or lack of participation in a grievance. 7. FILING OF MATERIALS All materials related to a grievance shall be filed separately from the personnel files of teachers. 13

14 8. GRIEVANCE WITHDRAWAL A grievance may be withdrawn in writing at any level without establishing precedent. 9. A.A.A. RULES Upon mutual agreement of the parties, the expedited arbitration rules of the A.A.A. shall be used instead of the voluntary labor arbitration rules. 10. Association Participation Except to the extent the grievant objects, the Association may observe any grievance proceeding. 11. FILING GRIEVANCES All written grievances or correspondence pertinent to a grievance shall be filed at the District Administrative Office, which has an address currently of l5w451 91st Street, Burr Ridge, Illinois and shall be marked with a notation of the time and date received. ARTICLE VII. TEACHER COMPENSATION AND RELATED PROVISIONS A. REPORT A report containing the information set forth below will be given to each teacher no later than September 15 of the school year and to an individual teacher promptly after the information therein changes for such teacher. 1. insurance participation (health, vision, dental, life, disability) 2. salary lane and step 3. accrued sick days 4. personal days 5. extra- curricular duties 6. credit hours accrued toward salary advancement B. SALARY SCHEDULE The salary schedule shall be Appendix A. Teachers that would otherwise not receive a step increase because they have reached the bottom of the MA, MA+15, MA+30 or MA+45 lanes and who will not receive the salary increase provided in Article XI shall receive an annual stipend of $1000, payable quarterly. C. SALARY DEDUCTIONS 14

15 For the purposes of salary deduction for reasons of absence or tardiness, the teacher's daily wage shall be determined by dividing the salary by the number 180, which represents the number of workdays for teachers during a school year. Hourly deductions of salary shall be made by dividing the daily wage by 8. D. PAYROLL Pay days for teacher compensation shall be on the basis of twenty- four (24) equal installments, payment being made on the fifteenth (15th) and thirtieth (30th) day of the month. If the fifteenth (15th) or the thirtieth (30th) date falls on a weekend or legal holiday, the next closest preceding weekday will be pay day. Teacher employees do not have an option of electing to receive pay over 10 months. E. ADVANCEMENT ON SALARY SCHEDULE 1. The initial placement of a teacher on the schedule shall be at the sole discretion of the Board. 2. Teachers shall not advance on a salary step or be credited with a year of continuous service unless the teacher has worked at least ninety (90) school days within the school term. Vertical step advancement will be granted before the school year only. Teachers may advance only a single vertical step between each school year. 3. Horizontal step advancement on the salary schedule(s) in Appendix A (educational credit) shall be determined for teachers who have completed course work and have submitted to the District Office official transcripts and a grade report before October 1 or February 1, of the current school year under the following conditions: a) Teachers must complete course work forms and have them approved by the Superintendent prior to taking the course(s). b) Course work is toward the next higher degree and/or job related to the education of elementary school children. c) Course work must be taken at a recognized college or university. d) Course work grade earned must be a "B" or better. Horizontal advancement will be granted when all the conditions under Section E.3, of this article have been met before October 1, of the current school year. Should the conditions be met between October 2 and February 1, of the current school year, advancement will be granted as of the second semester of the current school year. Beginning with the school year, there will be a MA +45 lane with a 3% lane increase. After the teacher achieves MA +30 s/he must present a thematic plan for coursework to the Superintendent for approval. The plan must reflect a thematic approach for professional development. 15

16 F. TUITION The district will pay one- half (1/2) of the tuition cost for each course, up to a maximum aggregate amount of $4, for course work approved and completed in relation to the time frame extending from July 1, 2008 through June 30, Reimbursements will be paid in October, February, May, and August after presentation by the teacher to the superintendent of proof of payment of tuition and a transcript showing the courses and grades earned no later than September 30, January 31, April 30, and July 31. G. EXTRA- DUTY JOBS Teachers shall be paid in accordance with the extra- duty schedule(s) attached hereto as Appendix B. If during the length of this agreement the Board creates any additional extra- duty assignments, the rate of pay shall be bargained between the Board and the Association and made part of Appendix B. Extra- duty pay shall be paid based on the enclosed schedule (see Appendix B). Should, for any reason, a teacher not be able to complete an extra- duty assignment, the Board shall have the right to deduct a proportionate part of the extra- duty compensation based on days worked for the assignment. Event Supervisor is defined as any teacher who supervises and/or assists in after school events (and excludes any teacher who receives "extra- duty" pay for that activity). H. TAX SHELTER PLAN Nine and four- tenths percent (9.4%) of a teacher's gross annual compensation that qualifies under the rules and regulations of the Illinois Teachers' Retirement System (TRS) shall be tax sheltered and paid directly to the Illinois Teachers' Retirement System Fund. Eighty- four hundredths of one percent (0.84%) of a teacher's gross annual compensation that qualifies under the rules and regulations of the Illinois Teachers' Retirement System (TRS) shall be tax sheltered and paid directly to the Illinois Teachers' Health Insurance Security (THIS) Fund. TRS and THIS deductions may increase as mandated by statute. Should any income tax subsequently be due on such sheltered payments, it shall be the responsibility of the teacher to pay such tax. I. INSURANCE The Board shall pay, with the effective date of this agreement, the single premium costs for present medical/hospital insurance coverage plans offered by the Board of Education up to, but not exceeding, the following yearly contributions per qualified teacher: a $ b $ c $ d $

17 The Board shall pay, with the effective date of this agreement, the single premium costs for present vision insurance and single long- term disability insurance offered by the Board of Education up to, but not exceeding, the following yearly contributions per qualified teacher: a /Single Vision and Single Long Term Disability - Up to 110% of prior year s yearly contribution per qualified teacher b / Single Vision and Single Long Term Disability - Up to 110% of prior year s yearly contribution per qualified teacher c / Single Vision and Single Long Term Disability - Up to 110% of prior year s yearly contribution per qualified teacher d / Single Vision and Single Long Term Disability - Up to 110% of prior year s yearly contribution per qualified teacher Employees shall pay, through payroll deductions, any excess premium for any type of offered coverage elected by such employee. In lieu of the benefits available under Paragraph I.1. above, any teacher may elect in writing not to be covered under the Board's medical/hospital plan; in which case, teachers can select coverage under the Board's single dental insurance, $50,000 of group term life insurance, long- term disability insurance, and family vision insurance having an aggregate premium per qualified teacher up to but not exceeding a $ b $ c $ d $ The summary of benefits under the insurance plans shall be made available on the District Website. 4. Insurance Committee An Insurance Committee is established consisting of the Superintendent, three teachers selected by the Association and one member of the non- certified staff selected by the non- certified staff. The Insurance Committee shall meet twice each year. The purpose of each meeting will be to share information on the current status of District health insurance coverage, possible insurance coverage, possible insurance cost containment measures, competitive or alternative carrier options, and potential changes in benefits, plans, or carriers. Committee members shall receive from the District reasonably available documents 17

18 and information evidencing the District s health insurance plan and proposed changes thereto. The Association shall submit to the Superintendent by March 15 of each school year the names of the teachers selected by the Association who will be members of the Insurance Committee during the following year (from July through June). Notwithstanding the foregoing, the Board retains the right to change insurance carriers and plans during the life of the Agreement to the extent that the then- current carrier and plan become unavailable to the District. J. INTERNAL SUBBING When a teacher is absent, the administration will continue to try first to obtain an outside substitute teacher. When this is not possible, a staff member will be assigned. Internal subbing will be defined as a teacher giving up preparation time to substitute on an emergency basis. For full- time staff, no more than two (2) periods can be paid during one school day. A period is defined as at least 30 minutes in length for one class period, session or activity. If the internal substitution is for a stipend position, the stipend pay for the staff member assigned to that position will be reduced by the amount of internal substitute pay paid to the substitute. A. Sick Leave ARTICLE VIII. LEAVES Each teacher shall be entitled to the following tiered schedule for their sick leave days per school year without loss of pay: a banked sick days - 16 days b banked sick days - 17 days c banked sick days - 18 days d or more banked sick days - 20 days Sick leave shall be interpreted to mean personal illness, quarantine at home, or serious illness or death in the immediate family or household. B. SICK LEAVE ACCUMULATION - RETIREMENT Any unused sick leave or personal leave days at the end of the year shall accumulate prospectively to a maximum of three hundred and seventy days (370) without limitation. 18

19 C. ANNUAL STATEMENT ON SICK LEAVE CREDIT The Board shall furnish a list to the teachers at the beginning of each school year setting forth the total accumulated sick leave credit of each teacher. D. PERSONAL/EMERGENCY LEAVE Allowances shall be made for providing employees with personal and/or emergency leave with pay. At the beginning of each school year, each teacher shall be credited with three (3) days to be used for personal business. Unused personal days shall convert to an equal amount of sick days. Permission from the Superintendent, with prior approval of the building principal, shall be necessary for the granting of personal leave. Emergency leave will be granted upon a phone call to the Superintendent if the emergency warrants such leave be granted. Permission for personal leave shall be applied on a reasonable and consistent basis. This leave shall not be granted for the purpose of engaging in a work stoppage of any kind, a job interview, or when the days requested fall on a day preceding or following a school holiday or vacation day unless a waiver is granted by the Superintendent on an individual exception basis. E. PROFESSIONAL CONFERENCE LEAVE Allowances shall be made for the teaching staff to attend conferences or conventions with expenses paid in whole or in part by the Board of Education subject to the approval by the Board of Education and the following conditions: 1) Such attendance would benefit the schools and children of the District by improving teaching and/or the curriculum. 2) Requests shall normally be presented in writing at least thirty (30) days prior to the date of the conference or convention. 3) Requests for attendance shall be reviewed by the Administration. 4) Receipts shall be submitted for reimbursement of travel expenses within the approved budget amount. 5) Teachers attending conferences under this Article shall be required to submit a written report to the Superintendent and possibly provide in- service presentation to the teaching staff about information, techniques, etc. learned at the conference or convention. F. JURY DUTY Any teacher called for jury duty during working hours shall be paid his/her full salary for such time and shall suffer no loss of benefits or contractual advantage. 19

20 Daily remuneration received for such duties shall be reimbursed to the District only for those working days when the teacher was absent and do not include any compensation received for food or travel. The teacher is responsible for giving reasonable advance notice of the need to be absent for any such duties. Usually, notice will be given ten (10) days in advance provided the teacher has that much notice. G. MATERNITY/ADOPTION LEAVE Leave shall be granted to tenured teachers for the birth or adoption of a child. Maternity and child- care leaves are two separate leaves. 1. Pregnancy- Related Disability Leave Tenured teachers may use accumulated sick leave during the period of pregnancy- related disability. The teacher must conform with Board policies and/or administrative regulations related to sick leave and shall be limited to no more than 45 sick leave days. In the event that legislation is passed concerning child care/adoption leave the Board and the Association shall reopen the Agreement for the sole purpose of bargaining over this matter. 2. Child Care Leave a.) Immediately following the period of pregnancy- related disability or adoption, a teacher may request in writing a child- care leave with the following provisions: i.) The initial leave period may be for the duration of the school year when leave was granted plus one school year. If one full year is taken, it remains the teacher's responsibility to notify the District by March 1st if the intent is to return the following year. Failure to notify the District by March 1st will automatically be considered a resignation. ii.) Child care leave shall be available to any teacher who furnishes satisfactory evidence of pending adoption proceedings and who applies in writing to the Superintendent's office, with a fourteen (14) days notification prior to the requested leave date being the guideline if possible. 3. Teachers are entitled to use sick leave according to current Illinois state law and shall be subject to all of the applicable notice and other requirements of this section. Such leave shall arise upon anticipated adoption of a child or the birth of a child. 20

21 Both the Board and the Association agree to comply with the provisions of the Family Medical Leave Act. A description of such provisions will be furnished to the employee upon request. A second, third or fourth year full time probationary teacher shall be granted all rights afforded to FMLA eligible employees. The use of sick leave or child- care leave shall run concurrent with FMLA leave. H. By personal payment to the District, the teacher will have the opportunity to continue all insurance coverage which was provided by the District during the teacher s active employment, while under FMLA leave as allowed by the insurance company. I. BEREAVEMENT For the purpose of bereavement leave, each teacher shall be given up to two (2) days without loss of pay or sick days for the death of a spouse, sibling, child, step- child, parent, parent- in- law or grandparent. Bereavement leave shall not accumulate from year to year. J. ASSOCIATION LEAVE The President of the Association or his/her designee shall be granted three (3) days per school year of released time. The President of the Association shall notify the Superintendent or his/her designee whenever possible at least five (5) days in advance of each use of such leave. The cost of a required substitute for each day used shall be reimbursed to the District by the Association, within fifteen (15) days of the date of the leave day. K. SABBATICALS The Board of Education will consider granting a leave of absence for purposes of a sabbatical for up to one year for any tenured teacher requesting such a leave. Such leave may be approved if, in the reasonable judgment of the Board, the teacher's experiences during such sabbatical are likely to improve such teacher's teaching abilities. Such leave will be without loss of tenure or opportunity for salary advancement. Any teacher returning from such leave will be assured of a teaching position, but not necessarily the same position as that occupied by such teacher prior to such leave. 21

22 A. WORKDAY ARTICLE IX. TEACHING CONDITIONS Workday time before and after student instruction, shall not regularly or consistently be used for purposes other than student transitions. The Board of Education shall not provide for permanent or regular assignments of extra duties, such as lunch, breakfast, recess, or bus escort duty before or after student instruction. On occasion, before school time may be used for the purpose of conducting quick meetings. Teachers will monitor transitions to ensure student safety. 1. For the and school years, the length of the workday for teachers at AMJES shall be 7 hours and 30 minutes, with instructional time set at six hours and fifty- five minutes. The length of the workday for teachers at BRMS shall be 7 hours and 50 minutes, with instructional time set at 7 hours and 15 minutes.!!! AMJES:! Teacher! Workday! Begins! Students! Enter! Building! Student! Instruction! Begins! Student! Dismissal! Teacher! Workday! Ends! 7:55! 8:15! 8:25! 3:20! 3:25!! Length!of! Workday! 7!Hours! 30!Min.! Length!of! Instruction! Time! 6!Hours! 55!Min.!! BRMS:!!! 7:20! 7:35! 7:45! 3:00! 3:10! 7!Hours! 50!Min.! 7!Hours! 15!Min.! 2. Beginning with the school year, the teacher workday shall be 7 hours and 40 minutes and the Instructional time shall be 7 hours and 15 minutes.:!!!! AMJES:!!! BRMS:!!!! Teacher! Workday! Begins! Students! Enter! Building! Student! Instruction! Begins! Student! Dismissal! Teacher! Workday! Ends! 7:55! 8:05! 8:15! 3:30! 3:35! 7:30! 7:35! 7:45! 3:00! 3:10! Length!of! Workday! 7!Hours! 40!Min.! 7!Hours! 40!Min.! Length!of! Instruction! Time! 7!Hours! 15!Min.! 7!Hours! 15!Min.! 22

23 3. Limitations on the length of the workday shall in no way limit the Board's right to establish different starting and ending times for different school buildings in the District. 4. All elementary teachers shall normally receive a 15- minute duty free "relief" period each day, a thirty- minute duty- free lunch period, and a minimum of three (3) unassigned hours per week for preparation and planning. All other bargaining unit employees teaching specialty subjects shall likewise be provided with a minimum of three (3) unassigned hours per week for preparation and planning. 5. The Superintendent is not restricted from making a decision to either close schools or keep them open during severe or inclement weather. When a school is closed to students as determined by the Superintendent, teachers assigned to the affected school on that day shall not be required to report to duty. B. SCHOOL CALENDAR The school year for teachers will consist of 185 days, of which five (5) are emergency days and shall not become workdays for teachers if not used as emergency days. Teachers new to the District shall have an obligation of up to two (2) additional days scheduled for the purpose of orientation and related activities. In the event there is one (1) emergency day remaining, this day will be used as a record- keeping day. The final decision on establishing the school calendar shall remain with the Board of Education. C. MENTORING OF NEW TEACHERS Mentoring will be provided for every new teacher to the District for two (2) years after his/her employment. Where possible, mentors should have tenure or experience in the building and best practices. A mentor is a non- evaluative position. In recognition of the mentoring effort, each mentor teacher shall receive an additional personal leave day for each year of this Agreement. If not used, this personal day will expire and cannot be carried over to subsequent years. ARTICLE X. TEACHER CLASSROOM ASSIGNMENTS, TRANSFER, AND VACANCIES A. ASSIGNMENTS The Board will inform teachers of their tentative classroom assignments for the following school year by May15. Should changes in assignments be necessary after May 15 and during the regular school year, the teacher will be notified in writing as promptly as circumstances permit in order that the teacher may prepare for such assignments. The final decision covering all such assignments shall remain with the Superintendent or designee. 23

24 1. In the case of an involuntary change after June 1st the Association and any teacher affected shall be notified in writing within five (5) calendar days of the knowledge of such a change. 2. Any teacher affected by an involuntary transfer can submit a voluntary resignation to the Board of Education. 3. A teacher may request in writing to be assigned or not to be assigned to any position for which he/she is certified. Such applications shall be submitted to the Principal/Superintendent stating the reasons therefore. 4. Transfer- Teacher Conference. Whenever a change in a teacher assignment is planned, a conference between the teacher and the appropriate administrator will be held during the regular school term. During vacation periods, teachers will be notified by certified mail and will be given the right of a conference upon request within twenty (20) business days of postmark. B. EXTRA- CURRICULAR ASSIGNMENTS 1. Any extra- curricular activity assignment will be offered first to qualified and interested certified teachers and second, to the extent the position thereafter remains unfilled, to any other qualified and interested persons. 2. A certified teacher will have the option to renew such teacher s extra- curricular activity assignment each year, unless (a) such teacher s performance of the assignment is not satisfactory, or (b) the extra- curricular assignment is discontinued. The superintendent shall notify the applicable teacher and the athletic director of the reason for non- renewal of any certified teacher s extra- curricular assignment as promptly as practicable after the end of the applicable season and in no event later than the end of the school year. 3. Notwithstanding the foregoing, the Board retains the right to discontinue any extra- curricular activity and assignment at any time. 4. A teacher shall attend the meetings and/or functions of pupil activities in which such teacher is involved. C. TRAVEL TIME BETWEEN SCHOOLS Teachers who are assigned to more than one school shall have their schedules arranged so that travel time does not infringe upon the traveling teacher's lunch period. 1. Teachers who are required to use their own transportation in the performance of their duties to more than one (1) school per day shall be reimbursed for all such travel at the maximum allowable IRS rate per mile, under 15,000 miles in accordance with the procedures of the District. 24

25 D. MEETINGS 1. Each certified teacher may be required to attend up to ten (10) meetings. The notice scheduling any such meeting shall state the certified teachers who are required to attend the meeting. 2. Notwithstanding the foregoing, and without diminution in the number of meetings a teacher is required to attend pursuant to Article X, Sections B.4 and D.1, the Superintendent, any building principal and the Board reserve the right to schedule additional meetings: (a) If exigent circumstances require, at which meetings any teacher s attendance may be required; and (b) For any other purpose, at which meetings a certified teacher s attendance is voluntary. The notice scheduling any such meeting shall state the purpose of the meeting and the certified teachers who are required to attend the meeting. The attendance at a meeting of a teacher who has volunteered to attend may be declined by the Superintendent, any building principal, or the Board. 3. Without diminution of the obligations of the parties pursuant to Article X, Sections D.1 and 2, the Superintendent, any building principal, or the Board may establish any committee and may ask teachers to serve on any such committee. A certified teacher s service on any such committee is voluntary. The certified teacher may decline to serve on any committee, at such teacher s discretion. Except with respect to the Insurance Committee and the teachers appointed by the Association to the Insurance Committee, the service on a committee of any teacher who has volunteered to serve thereon may be declined at the discretion of the Superintendent, any building principal or the Board. E. TRANSFERS 1. When the Board needs to transfer a teacher from one position to another, the Board shall consider volunteers before involuntarily transferring a teacher. The final decision shall remain with the Board. 2. Teachers who desire to transfer to another position shall apply in writing to the Superintendent or his/her designee. It is the responsibility of the teacher to withdraw his/her request in writing if she/he does not wish to be considered beyond a certain time. The Association recognizes the right of the Board not to fill vacancies. The final decision shall remain with the Board. F. VACANCIES When a vacancy (bargaining unit position) occurs as a result of termination, resignation or creation of a new position, the Superintendent shall, normally within five (5) days of being directed by the Board post a vacancy notice on the District Website Teachers may apply for any teaching vacancy for which they are qualified. Teachers who apply shall be assured of an interview. 25

26 G. JOB SHARING Job sharing is defined as an employment arrangement proposed by two teachers (each a partner ), at least one of whom must have tenure in the district, in which the partners share one teaching position. One teaching position is defined as a full day teaching assignment on a daily basis for one school year. If the job sharing position is recommended by both the building principal and the superintendent and approved by the Board, the partners will agree to abide by the following conditions: 1. The proposed job sharing will benefit the students of the district. 2. The proposed job sharing is for a single entire school year. There will be no guarantee of job sharing or of employment in the same position with respect to the following school year. If the partners desire to repeat the job sharing in the following school year, they must timely reapply for the job sharing position for the following school year (subject to administration recommendation and Board approval). 3. The partners will include the schedule for job sharing in their proposal (either one half day per partner or division of each school week substantially equally throughout the school year) and will share responsibility for all other duties relating to the teaching position, provided that both partners will attend all parent- conferences, district meetings, staff training and curriculum meetings. Job sharing partners shall be responsible for conveying all information from any meeting attended to their partner teacher. 4. The salary of each partner will be prorated based upon the time worked by such partner during the job sharing (e.g., one half of the partner s full day s pay for each one half day worked). Benefits available to certified staff, including medical and other insurance, sick leave, and other benefits and compensation, as well as accumulation of time for purposes of rights to move a step on the salary schedule and to add a year of seniority will be prorated between the partners on the same basis, according to the provisions in VII. d. 5. If one partner is unable to complete the job share, the other partner will be responsible for the teaching position. 6. The proposal for job sharing must be submitted for consideration by the building principal, the superintendent, and the Board no later than March 1 of the year prior to the year for which job sharing is proposed. A tenured teacher in a job sharing arrangement who wishes to return to a full- time position must notify the building principal by March 1 of the year prior to the year for which the transfer is requested. 7. A tenured teacher who is a partner in a job share will maintain his/her tenure. A non- tenured teacher who is a partner in a job share will be considered for tenure after having taught the equivalent of four (4) years in the district (prorated 26

27 based on the time worked by such partner during the job share, i.e. one half days results in one half year of teaching credited toward tenure). 8. Neither the job- sharing proposal nor the approval or disapproval of it is subject to the grievance procedure in Article VI of this Agreement. H. Teacher Seniority. Seniority for tenured teachers shall be the length of continuous full- time service as a teacher in the District. Seniority shall be credited by years. Probationary teachers shall not be given seniority credit for their non- tenured service in the District until they achieve tenure status. Continuous service for purposes determining seniority shall not be deemed interrupted by any leave of absence. However, a teacher shall not be given seniority credit for any year in which the teacher has not actively worked at least ninety (90) days of the school year. If the years of continuous tenured service are equal between two (2) or more teachers, seniority shall be determined in the following ranked order: 1. Total years of continuous teaching service with the District, including part- time service 2. Total teaching service with the District, whether or not continuous 3. Placement on the salary schedule (i.e. the teacher with the highest horizontal position on the schedule shall be deemed most senior.) I. Teacher Seniority List. A tentative seniority list that ranks all tenured teachers in the District in order of seniority shall be developed annually on or before February 1. A copy of the tentative seniority list shall be provided to the Association President and individual teachers for review. The listing shall provide the following information for each teacher: 1. Name 2. Current Position 3. Total years of service 4. Certifications Teachers shall have until February 15 each year to file written objections with the Superintendent as to his/her seniority rank. The objection shall specify any alleged errors. Failure of the teacher to make a timely objection shall be deemed to be an acceptance of seniority rank. Any further challenge to a teacher s listing is thereafter prohibited until the filing of the next Seniority list. 27

28 ARTICLE XI. Retirement A. For purposes of the Article XI, the following terms shall have the following meanings: 1. Contract Salary shall mean the applicable teacher s salary, as calculated from the applicable year s salary schedule (attached to the Agreement as Appendix A), but excluding: (a) any additional compensation that such teacher receives for extra duties and (b) benefits. 2. Prior Year shall mean the period from July 1 through June 31 prior to the Retirement Year. 3. Retirement Year shall mean the period from July 1 through June 31 which includes the applicable teacher s effective date of retirement. 4. TRS shall mean the Illinois Teachers Retirement System. B. A certified teacher may elect to participate in an early retirement program in accordance with applicable law and the rules and regulations promulgated by TRS. C. Retirement Benefit Program 1. Qualifications. A certified teacher who qualifies for retirement benefits from TRS shall qualify for the District s retirement benefit program set forth in this Article XI, Section C, if such teacher meets the following eligibility requirements as of the last day of the Retirement Year: (a) Will reach age fifty- five (55) prior to the first day of the seventh month after the Retirement Year; (b) Has been employed as a certified teacher by the District for not less than fifteen (15) consecutive years; and; (c ) Is not retiring under the TRS Modified Early Retirement Plan or any other TRS sponsored Early Retirement Plan, and; (d) Has delivered written notice of intent to retire (which notice has not been rescinded), which includes a resignation with an effective date of retirement, in accordance with the following schedule: 28

29 School Year Notice Date Earliest Effective Date of Retirement March 1, 2012 June, March 1, 2013 June, March 1, 2014 June, March 1, 2015 June, 2016 A qualifying teacher may give a one, two or three- year notice; however, teacher s notice of intent to retire may be rescinded only for the following reasons: (i) death in the retiree s immediate family; (ii) change in the physical health of the retiree or the retiree s spouse; (iii) unforeseen mitigating circumstances, which circumstances shall not constitute a precedent with respect to any other request to rescind a notice of retirement. The Board decision on this basis shall be at the Board s sole discretion and shall not be subject to the grievance process. A teacher s notice of intent to rescind a notice of retirement must be delivered not later than March 1 of the proposed Retirement Year. The Board shall determine whether to grant a requested rescission no later than April 30 of the same year. 2. Benefit. A teacher who takes the Early Retirement Option shall not be eligible for the District Retirement Enhancement program. The District Retirement Enhancement program is as follows: 1. If the teacher gives an irrevocable notice of retirement by March 1, three years prior to retirement, s/he will receive a total 6% pay increase above the salary placement on the year the notice is given for each of the three years prior to retirement. If the notice is given two years prior to the retirement the 6% pay increase will be for two years and if the notice is given one year prior to retirement, the pay raise will be for one year. No teacher shall receive a TRS creditable pay increase of more than 6% in any of the 4 years prior to retirement. 2. Teachers who meet the above requirements shall also be entitled to receive a one- time post- retirement incentive payment. Such payment shall be equal to 120% of the teacher s final year TRS creditable earnings, and shall be subject to the limitations listed below. Such payment shall be paid no later than January 15 subsequent to the teacher s retirement year, cash in an amount (if a positive number) calculated in accordance with the following formula: 29

30 120% of such teacher s Contract Salary paid during the Prior Year: Minus: Such teacher s Contract Salary paid during the Retirement Year. ARTICLE XII. NO STRIKES AND DISRUPTIONS A. GENERAL TEACHER AND ASSOCIATION RESPONSIBILITIES During the term of this Agreement and any mutually agreed upon extension thereof, no employee covered by this Agreement, nor the Association, nor any person acting on behalf of the Association, shall engage in, authorize, or instigate a strike or slowdown in the School District. B. ASSOCIATION COMMUNICATION RESPONSIBILITIES It is agreed that in the event of any unauthorized action, the Association shall, within twenty- four (24) hours of receipt of notice thereof, address a letter to the Board notifying the Board that the action of the teacher or Association agent is unauthorized. Furthermore, the Association will notify, in writing, any teacher or Association agent of their unauthorized action and that such action is not supported by the Association, with a copy of such correspondence being sent to the Board. ARTICLE XIII. DURATION OF AGREEMENT PERIOD COVERED - TERMS OF AGREEMENT This Agreement is for the time period of August 31, 2011 until August 31, A. CONTENTS OF AGREEMENT ARTICLE XIV. EFFECT OF AGREEMENT The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and Association, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered by this Agreement, including the impact of the Board's exercise of its rights as set forth herein on wages, hours or terms and conditions of employment, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at any time they negotiated or signed this Agreement. 30

31 B. SEPARABILITY If any provision of this agreement is subsequently declared by the proper legislative or judicial authority to be unconstitutional or illegal, all other provisions of this agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XV. ACCEPTANCE OF AGREEMENT A. ACCEPTANCE This Agreement is signed ratified his 17th day of September, 2012 IN WITNESS WHEREOF: FOR THE TEACHERS ORGANIZATION OF PALISADES - IEA/NEA FOR THE BOARD OF EDUCATION OF COMMUNITY CONSOLIDATED SCHOOL DISTRICT #180: Ratified at Regular Board of Education Meeting: September 17,