5. Level Two:
If the aggrieved person is not satisfied with the disposition of the grievance at Level One, b., or if no decision has been rendered within five (5) school days after presentation of the formal grievance, the aggrieved may file the grievance in writing with the Association within five (5) school days after the decision at Level One b, or ten (10) school days after the grievance was presented, whichever is sooner. Within five (5) school days after receiving the written grievance, the Association may refer the grievance together with all documentation, explanations and the position of the Association to the Superintendent of Schools. Such documentation shall include specific reference to the condition being grieved and the specific Article of this Agreement alleged to have been violated. The Superintendent of Schools may at his/her sole discretion hold a hearing. A written decision shall be rendered by the Superintendent of Schools within ten (10) school days of receipt of said grievance.
6. Level Three:
If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within ten (10) school days after the grievance was delivered to the Superintendent, the aggrieved may, within five (5) school days after a decision by the Superintendent, or fifteen (15) school days after the grievance was delivered to the Superintendent, whichever is sooner, request in writing that the Association submit his grievance to the Board. Within five (5) school days after receiving the written request of the aggrieved party, the Association may request, in writing, through the Superintendent's office, a hearing with the Board. A copy of the Association's request for a Board hearing shall be forwarded to the President of the Board through the Office of the Superintendent together with all documentation, explanations, and the position of the Association. Failure to do so may prevent the introduction of such information at the hearing. Any new or parole evidence presented at this level may permit the Superintendent to reconsider the decision made at Level Two. The Board, or a committee thereof, shall review the grievance and shall hold a hearing on the grievance and render a decision in writing no later than twenty-five (25) calendar days of receipt of the grievance. If the grievance reaches the Board between June 15 and August 31, the written Board decision shall be rendered no later than twenty-five (25) calendar days after receipt of the grievance or within ten (10) calendar days after the next Board meeting, whichever is later.
d. The arbitrator shall limit himself to the interpretation and application of the terms of this Agreement, to the issues submitted to him and to consider no other(s).
e. The arbitrator shall have the power and authority to preclude the introduction of new or parole evidence upon proper motion insofar as such introduction is violative of the provisions contained herein.
f. The arbitrator shall be without power or authority to fashion a monetary award except in the following instances:
(1) To make an aggrieved whole.
(2) Where the award is a matter of equity.
g. All fees of the arbitrator, including but not limited to necessary travel expenses, but not including fees for transcripts and payments to witnesses, of any arbitration proceedings shall be borne equally by the parties. Each party shall pay the fees of its own counsel or representative(s).
D. Rights of Aggrieved to Representation:
1. Any aggrieved person may be presented at all stages of the grievance procedure by himself/herself, or any person of his own choosing, including a representative selected or approved by the Association. When an aggrieved is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.
2. No reprisals or coercive influence of any kind shall be taken by either party to this Agreement or the Administration against any part in interest, any building representative, any administrator, any member of the Association or any other participant in the grievance procedure by reason of such participation.
1. If, in the judgment of the Association, a grievance affects a group or class of employees,, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level Two.
2. Decisions rendered at Level One, Part b., which are unsatisfactory to the aggrieved person and all decisions rendered at Levels Two, Three and Four of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be transmitted promptly to all parties in interest and to the Association. Decisions rendered at arbitration shall be in accordance with the procedures set forth in that Section.
3. Forms for filing grievances, serving notices, making appeals, making reports and recommendations, and other necessary documents shall be prepared jointly by the Superintendent and the Association, with Board approval, and given appropriate distribution so as to facilitate operation of the grievance procedure.
4. All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives.
5. Notwithstanding the pendency of any grievance, all employees covered by this Agreement shall continue to perform all duties and assignments.
6. Failure by the aggrieved or the Association to process a grievance in accordance with the time schedules as set froth in this Article shall constitute an abandonment of the grievance and render it null and void.
Failure by the Board or the Administration to process a grievance in accordance with the time schedules as set forth in this Article shall constitute an abandonment of the grievance and render it null and void.
7. Reliance upon or pursuit through any administrative regulatory agency or court of proper jurisdiction to resolve an issue in dispute shall preclude the entrance of such issue into the grievance procedure as set forth in this Agreement.
8. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
C. The work year for clerks shall consist of the part-time assistants’ work year set forth in B. above plus the week days between the end of the student year in June and July 1 plus the seven (7) weekdays before teachers return to work at the commencement of the next work year.
b. Resource Period
1) In the event that there is an eight (8) period day, one (1) contact period per day for each classroom teacher shall be a resource period. The term “classroom teacher” for the purposes of this section does not include teachers of art, music, physical education, library, computer, world language, special education, enrichment and basic skills.
2) Teachers of art, music, physical education, library, computer, world language, special education, enrichment and basic skills may be assigned to a resource period.
3) The classroom teacher shall prepare lesson plans for the resource period. Examples of activities occurring in the resource period may include, but are not limited to: weekly reader, current events, writers workshop and centers. This period is not designed to be a study hall. The teacher shall have no grading responsibilities for this period.
b. Effective July 1, 2003, all full-time special education teachers, speech teachers and computer technology teachers shall receive a minimum of 120 minutes per week.
c. Every reasonable effort will be made to provide teachers who do collaborative teaching with some common prep time.
2. Effective July 1, 1999, part-time assistants who work two shifts in any day shall be given a half-hour paid lunch.
1. For the term of this Agreement the work schedule for full-time custodians covered by this Agreement shall be as follows:
Day shift: Nine (9) hours including a sixty (60) minute uninterrupted lunch hour.
Night shift: Eight (8) hours including a thirty (30) minute meal break.
2. There shall be one shift for custodians in the summer. The summer schedule shall commence on any day beginning with the day following the last day of classes in June to the Monday following June 30. The Board shall inform custodians in writing of the commencement date for the summer schedule at least two weeks before that date. The summer schedule shall end on the day before classes resume in September.
F. Family Illness Leave
3. In the absence of a statement from the college or university, and transcript when available, indicating completion of course work, no salary guide advancement shall occur; except that if required proofs are provided subsequent to the salary guide advancement periods indicated in the Article but indicate that advance academic training occurred before such periods, then salary adjustment shall be retroactive to the salary guide advancement period applied for. In order to qualify for this provision, proofs and documentation must be provided within three (3) months of the completion of academic training which would qualify for salary guide advancement.
4. Only graduate level credits are applicable to guide movement. In order for credits to be applied to the MA+15 and MA+30 columns, said credits must be earned after the granting of the Masters' Degree.
5. Nothing herein shall be construed to deny or restrict the Board's right to withhold longevity in whole or in part for just cause, subject however, to the affected teacher's right to pursue an appeal through the available statutory avenue.
B. Extra-Curricular Compensation
The extra-curricular compensation guides are annexed hereto and made a part hereof as Schedule E. With regard to Schedule E, nothing contained herein shall be construed to deny or restrict the Board in its sole discretion from adding to or subtracting from or otherwise altering the scope of assignments for which extra compensation is received. Nothing contained herein shall prevent or restrict a teacher serving in such capacity from resigning his/her post. Appointments or lack thereto shall not be deemed to be a matter to be pursued through the grievance procedure.
Assistants who possess a valid, appropriate certificate may apply for Schedule E positions. If an assistant is appointed to a Schedule E position, she/he will be paid according to Schedule E.
C. Assistants and Clerks
1. The salary and hourly rate guides for assistants and clerks are annexed hereto and made a part hereof as Schedule D.
2. Assistants and clerks shall be paid at their regular hourly rate when they perform lunch duty. When a assistant possesses a substitute or regular teaching certificate and takes the place of the teacher on duty during the lunch/playground period, she/he shall be paid at the cafeteria/playground rate set forth in Schedule E when she/he performs cafeteria/playground duties.
3. Effective with the ratification of the 1998-1999 Agreement, part-time assistants will be paid at their individual hourly rate for all hours worked as an Assistant and clerks will be paid at their individual hourly rate for all hours worked as a clerk.
D. Custodian-Maintenance Personnel
The salary guides and the part-time hourly rates of custodial/maintenance employees together with the minimum entry levels for these positions are annexed hereto and made a part hereof as Schedule B.
1. The designated custodian(s) with the "in-charge" duty and responsibility for boiler operation and maintenance and holding Black Seal certification shall receive $400/annum for such duty and responsibility. Normally there will be a day and night shift "stand-by" designee in the school which requires Black Seal designation pursuant to applicable state law. In the school building where primary responsibility for boiler operation and maintenance is not required, there shall be a designated custodian with "stand-by" duty and responsibility. In order to qualify for such designation, said custodian must hold a Black Seal certification. The duties shall include those normally associated with "stand-by" status. Nothing contained in this Article shall be construed to deny or restrict the existing level of compensation received for "in-charge" responsibility by a custodian so long as said custodian continues to perform such duties appropriately and satisfactorily.
2. Any custodian who elects to obtain his Black Seal certification shall be reimbursed all costs incurred except mileage.
3. Nothing contained herein shall be construed to deny or restrict the Board in its express right to withhold a salary increase, or any portion thereof, for just cause subject to the right of a custodian so affected appealing such action through the grievance procedure set forth in this Agreement.
4. The Board shall not, except in unusual or emergency situations or circumstances, assign a custodian to prolonged substituting duties. Performance evaluation shall take into consideration the frequency and extent of a custodian's assignment to substituting or split time duties.
M. All employees will be paid bimonthly, on the 15th and the 30th of each month. When the pay date falls on a Saturday or Sunday, paychecks will be issued the previous Friday. When a pay date falls on a holiday, paychecks will be issued on the last working day prior to the holiday. Ten month employees will receive their first paycheck on September 15 (subject to the above provisions) and will receive their last regular paycheck on the last working day of the school year.
(2) Effective July 1, 2000, all employees in other unit categories, hired on or after July 1, 2000, must work 24 hours or more per week to be eligible for health insurance coverage.
(3) All employees not covered by (1) and (2) above shall continue to be covered by Board-paid insurance if they work 20 hours or more per week.
3. Employee contributions under B. 1. and 2. shall be through payroll deductions spread over twenty (20) pay periods.
C. It is agreed that the time which part-time assistants work on lunch/playground duty does not count towards the hours necessary for insurance coverage.
D. Nothing contained herein shall be construed to deny or restrict the Board in making the sole determination of the carrier provided that any change in carrier results in no reduction of services and administration of the plan. The Board shall consult with the Association two (2) months prior to making any changes in carrier. The Board shall provide the Association with written data describing the coverage of the proposed carrier at least fourteen (14) calendar days before the effective date of any proposed change.
D. Course(s) taken to meet state certification requirements shall be applicable to the purposes of this Article.
E. All course(s) falling within the provisions of the Article shall be approved prior to the registration for such course(s) by the Superintendent or Building Principal in his/her absence.
F. Assistants, full time custodians and secretaries shall be eligible to receive tuition reimbursement for undergraduate courses directly related to the District assignment of the employee at 75% of the tuition up to a maximum annual reimbursement of $650. Effective July 1, 2004, the maximum annual reimbursement shall be $700. Effective July 1, 2005, the maximum annual reimbursement shall be $750.
All the provisions of B., D. and E. above are applicable to assistants, full time custodians and secretaries.
G. The maximum annual Board obligation under A. through F. of this Article is $12,000. Effective July 1, 2005, the maximum annual Board obligation under A. through F. of this Article is $16,000. If the terms of A. 1., 2., 3., B., C., D., E. and F. are met, the Board shall make tuition payments before the end of the July following when the course was successfully completed. If all tuition reimbursement claims under this provision exceed the maximum cap set forth above, all claims shall be prorated. For example, if the cap set forth in the first sentence of this paragraph can cover 95% of all eligible claims, all individual claims will be reimbursed at 95% of the claimed amount, up to the maximum set forth in A. 1. or F. above, as relevant.
H. When the Board or Administration grants permission or requires an employee to attend a seminar, workshop or conference, the Board shall fully reimburse the employee for registration fees. In addition, when the Board or Administration requires an employee to attend a seminar, workshop or conference, the Board shall fully reimburse the employee for necessary accommodations, meals and mileage.
The representation fee to be paid by nonmembers/fee-payers will be pursuant to the determination of an impartial arbitrator in accordance with the law.