GEM COUNTY EDUCATION ASSOCIATION
MASTER AGREEMENT
BETWEEN THE ASSOCIATION AND
THE BOARD OF TRUSTEES
2008-2010
SCHOOL YEAR
Updated for the 2008-2009 School Year
Table of Contents
NEGOTIATION AGREEMENT 1
ARTICLE I – AGREEMENT AND RECOGNITION 1
ARTICLE II – PROCEDURES FOR NEGOTIATING A MASTER AGREEMENT 1
ARTICLE III – DEFINITIONS 2
ARTICLE IV – PRINCIPLES 2
ARTICLE V – IMPASSE 3
ARBITRATION (Adopted 12/04) 3
ARTICLE VI – SAVINGS CLAUSE 4
ARTICLE VII – NEGOTIATION AGREEMENT DURATION 4
MASTER AGREEMENT 5
ARTICLE VIII – SCHOOL CALENDAR PROCESS 5
ARTICLE IX – IN-SERVICE TRAINING PROCESS 5
ARTICLE X – HOURS OF WORK 6
ARTICLE XI – ASSOCIATION AND EMPLOYEE RIGHTS 7
ARTICLE XII - TRANSFER PROCEDURE – (Adopted 11-11-02) 8
ARTICLE XIII – VACANCY PROCEDURE – (Adopted 5/05) 9
ARTICLE XIV – GRIEVANCE PROCEDURE – (Adopted 12/04) 9
ARTICLE XV – MERIT SERVICE TIME RETIREMENT 13
ARTICLE XVI – LEAVES 13
ARTICLE XVII– SICK LEAVE BANK – (Adopted 4-14-03) 16
ARTICLE XVIII– FRINGE BENEFITS 17
ARTICLE XIX – SALARY SCHEDULE 24
UNANTICIPATED FUNDS AGREEMENT 25
EXTRA-CURRICULAR SALARY SCHEDULE 26
ARTICLE XX – SAVINGS CLAUSE 30
ARTICLE XXI – MASTER AGREEMENT DURATION 31
Memorandum of Understanding 32
Memorandum of Understanding 33
NEGOTIATION AGREEMENT
Between the
Board of Trustees
And
Gem County Education Association
Of
School District #221
ARTICLE I – AGREEMENT AND RECOGNITION
This Agreement is made and entered into by and between the Board of Trustees of School District No. 221, hereinafter referred to as the Board, and the Gem County Education Association, hereinafter referred to as the Association, this August 31, 1981, and is pursuant to the laws of the State of Idaho.
The Board recognizes the Association as the exclusive representative of all professional employees of School District No. 221 except as follows: Superintendent, Assistant Superintendent, Principals, Vice-Principals, Special Education Director, Athletic Director for .33% contract day with other .67% contract day as part of the Association and any other supervisory personnel hired after implementation of this Procedural Agreement.
The recognition requires satisfactory evidence that the Association in fact represents a majority of such employees. Such evidence shall be in the form of signed designation cards or by election as may be determined by the Association.
If the determination of representation by the Association requires an election, said election will be by secret ballot with all professional employees as identified in both this agreement and the Idaho State Code, hereinafter referred to as professional employees, except those specifically excluded by this Negotiation Agreement, participating.
ARTICLE II – PROCEDURES FOR NEGOTIATING A MASTER AGREEMENT
The Board or its designee shall meet with the professional employees, or in the event the local board of trustees choose to designate any individual(s) other than the superintendent or elected trustee(s) of the School District as its representatives for negotiations, the local education organization, is authorized to designate any individual(s) of its choosing to act as its representative(s) for negotiations, chosen by the Association to negotiate an agreement hereinafter referred to as the “Master Agreement”. Items for negotiation in the Master Agreement shall be limited to salaries, fringe benefits, grievance procedure, leaves, hours of work, sick leave bank, extended leaves of absence, merit service time retirement pay, released time for Association members, mileage allowance, Association Rights, the process by which the school calendar is developed, and the process by which in-service training is developed. The negotiation process (excluding impasse and fact finding) shall be completed by May 1. If impasse and/or fact finding is necessary, these two processes shall continue until completed.
Negotiation may be initiated by either party by means of written request. The parties shall meet within seven (7) calendar days of the negotiation request to verbally exchange information on any Article in the Master Agreement either party wishes to open for negotiation. The exchange of initial written proposals will be made on a mutually agreeable date within fifteen (15) calendar days of request.
The first negotiation meeting shall be held within thirty (30) calendar days of the initial proposal exchange. Subsequent meeting dates shall be established by mutual agreement. After the initial exchange of proposals no further proposals may be submitted without mutual agreement.
Negotiating sessions will be open, unless closed by mutual agreement, and will be held on a regular basis at times and places mutually agreed to. The first order of business at each meeting will be to establish the date and time of the next meeting.
Each negotiating team will consist of no more than four (4) persons at one time. All participants have the right to utilize the service of consultants during the negotiation, such consultants not to exceed four (4) in number.
It is recognized that no final agreement between the parties may be executed without ratification by a majority of the Board and ratification by the Association, but the parties mutually pledge that representatives selected by each shall be endowed with all necessary power and authority to make a proposal, consider proposals, and make concessions in the course of negotiations in an attempt to reach agreement.
ARTICLE III – DEFINITIONS
1. The term “Association” as used in the Agreement shall mean the Gem County Education Association unless changed as provided for in Article I.
2. The term “Board” as used in this Agreement shall mean the Board of Trustees of School District No. 221, County of Gem, and State of Idaho.
3. The term “Salary” as used in this Agreement shall mean any direct financial remuneration for contracted services rendered.
4. The term “Fringe Benefits” as used in this Agreement shall mean the financial payment made by the District on behalf of the employee.
ARTICLE IV – PRINCIPLES
It is recognized that professional employees have the right to join, or not to join the Association, and membership shall not be a pre-requisite for employment or continuation of employment of any employee.
It is recognized that both the Board and the Association shall not discriminate against any employee on the basis of race, color, national origin, sex, or creed.
ARTICLE V – IMPASSE
In the event of impasse, it will be declared pursuant to Section 33-1274 of the Idaho Statute. The Board and the Association shall jointly select one mediator. If the parties are unable to agree on a mediator, then within seven (7) calendar days after impasse is declared they will jointly request a mediator from the Federal Mediation and Conciliation Service.
In the event either party is dissatisfied with the result of mediation, the Board and the Association shall jointly select a fact finder pursuant to Section 33-1275 of the Idaho Statute. Pursuant to Section 33-1275, the report of the fact finder shall be in form and effect of finding fact and recommendations only.
ARBITRATION (Adopted 12/04)
If either the Association or the Board is not satisfied with the disposition of the Fact Finder’s Report and Recommendations, they may request in writing to the other party that the issue be submitted to arbitration.
Within ten (10) days after such written notices of submission to arbitration, the Superintendent and the Association will attempt to agree on a mutually acceptable arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the ten (10) day period, a request for a list of five (5) arbitrators shall be made to the Federal Mediation and Conciliation Service. Each party shall strike two (2) names. The remaining name on the list will serve as arbitrator.
If any question arises as to arbitrability, such question will first be ruled upon by the arbitrator selected to hear the dispute.
Neither party shall be permitted to assert in the arbitration proceedings any evidence which was not submitted to the Fact Finder, unless requested by the Arbitrator and mutually agreed to by both parties.
The arbitrator selected will confer with the representatives of the Board and the Association and hold hearings promptly. The arbitrator’s decision will be in writing, unless mutually agreed otherwise, and will set forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall have no power or authority to add to, subtract from, alter, or modify the terms of this agreement. The decision of the arbitrator shall be submitted to the Board and the Association and, subject to law, shall be final and binding.
The costs for the services of the arbitrator, including per diem expenses, if any, and his travel and subsistence expenses, if any, and the cost of any hearing room, will be borne equally by the Association and the Board. All other costs will be borne by the party incurring them.
In the event that an appeal is made by the losing party to vacate the award, they shall pay all costs of the appeal if it is denied. If the award is vacated, the costs will continue to be borne equally and a rehearing will occur following the guidelines listed above.
Nothing contained herein shall deny to any certified employee, the Board or the Association, their rights under State or Federal Constitution and laws.
ARTICLE VI – SAVINGS CLAUSE
All items in this Agreement are presumed to be legal and valid. If any specific items of this Agreement shall be ruled invalid by a court of law or government agency, the Board and Association shall enter into negotiations within fifteen (15) days to agree on a successor clause of the invalidated article.
However, if such adverse ruling is made during the months of June, July or August, said re-negotiation will commence no earlier than September 7th of that year unless the Association and the Board agree to an earlier date. The balance of this Agreement shall not be affected by any such ruling and shall remain in force.
ARTICLE VII – NEGOTIATION AGREEMENT DURATION
The provisions of this Agreement shall become effective as of September 1, 2008, and will continue and remain in force until August 31, 2010.
Said Agreement will automatically be renewed and continue in full force and effect for additional periods of one year unless the Association or Board gives written notice to the other party of its desire to reopen the Agreement and to negotiate the terms of a successor agreement. In the event that the Association or Board gives such notice, negotiations shall be reopened on any selected items contained therein and any new items. Any selected item opened for negotiation that is not ratified by both parties shall remain in effect and shall be extended without further negotiation. All remaining articles shall be extended without further negotiation.
New agreements shall be made retroactive to the date this Agreement would otherwise have terminated.
Acceptance
This Negotiation Agreement is signed on this ______day of ______, ______. This Negotiation Agreement shall be binding on the parties hereto.
______
Gem County Education Association District #221 Board of Trustees
MASTER AGREEMENT
Between the
Board of Trustees
And
Gem County Education Association
Of
School District #221
ARTICLE VIII – SCHOOL CALENDAR PROCESS
Preparation and approval of the school calendar shall be completed at least a full year prior to the calendar’s implementation. The GCEA will develop calendar proposals with input from professional employees, while the superintendent or his/her designee will develop calendar proposal(s) incorporating input from administrative and classified employees. These calendar proposals will be presented to the district calendar committee, composed of the Superintendent of School or his/her designee, and one representative each from the GCEA, the principals, and the Parent Teacher Association, which shall agree upon one calendar to present to the school board.
The adopted calendar may be amended by the Board upon recommendation of the calendar committee.
The adopted school calendar may be internally different for elementary and secondary schools. The school calendar must conform to the master agreement requirements as stated in the section “Work Year Defined” in Article X.
ARTICLE IX – IN-SERVICE TRAINING PROCESS
In-service training activities shall be developed in accordance with the Professional Development Plan for Independent School District #221 (Plan). The Professional Development Committee (PDC), as identified in the Plan, shall be responsible for planning, arranging and notifying district staff of in-district in-service opportunities. The PDC shall develop these opportunities based upon the needs of district staff as expressed through Building Professional Development Committees (Building Committees). Individuals or groups may present requests for alternative use of in-service time to their Building Committees. If in-district credit is desired, the Building Committee shall send the request to the PDC with its evaluation of the activity based on the building goals and any Personal Professional Growth Plans for individuals involved. The PDC shall evaluate the request based on criteria contained in the Plan. If the activity is judged appropriate, credit shall be granted.
Any changes in the Plan shall be distributed to each professional employee of the district.
Building Administrators may require professional employees to participate in district wide or building level professional development opportunities and shall have the authority to appoint building members to the PDC.
The GCEA will appoint the GCEA member.
ARTICLE X – HOURS OF WORK
PREAMBLE
Recognizing the fundamental role of quality education in a democratic society and recognizing the critical element of individual effort and integrity in providing a quality experience for students, we therefore make this commitment:
Administrators, Professional Employees, Classified Employees and School Trustees will follow the standards of conduct and professional practice contained in the Code of Ethics of the Idaho Teaching Profession, as developed and enforced by the Professional Standards Commission.
Defined Work Day
The scheduled workday at each building will be set by the Board of Trustees. The workday of professional employees will be seven and one half (7 1/2) hours unless assigned a regular scheduled duty. The annual decision on the work schedule must be made prior to the beginning of the school year. Staff will be notified of their work day no later than June 30.
In cooperation with professional employees, the secondary building administrator may designate one regularly scheduled thirty minute time period per month for a staff meeting either before or after the student contact day. The elementary building administrator may designate one thirty minute time period, within the scheduled work day, for a staff meeting each month.