NEGOTIATED CONTRACT

between

MCLOUD BOARD OF EDUCATION

and

MCLOUD SUPPORT ASSOCIATION

2015-2016

TABLE OF CONTENTS

ARTICLE I – DEFINITIONS……………………………………………………………………………………………………..…3

ARTICLE II – BREAKS……………………………………………………………………………………………………………….3

ARTICLE III – MEAL BREAKS……………………………………………………………………………………………………4

ARTICLE IV – WORK PROVISIONS……………………………………………………………………………………………4

ARTICLE V – ASSOCIATION RIGHTS…………………………………………………………………………………………5

ARTICLE VI – MEDICAL/PHYSICAL EXAMINATIONS…………………………………………………………………7

ARTICLE VII – DUE PROCESS………………………………………………….……………………………………………….7

ARTICLE VIII – REDUCTION IN FORCE………………………………………………………………..………………….10

ARTICLE IX – POSTING OF VACANCIES………………….………………………………………………………………11

ARTICLE X – TRANSFER AND ASSIGNMENT………….……………………………………………………………….12

ARTICLE XI – PERSONNEL FILE………………………………………………………………………………………………12

ARTICLE XII – EVALUATION…………………………………………………………………………………………………..13

ARTICLE XIII – GRIEVANCE PROCEDURE………………………………………………………………………………..14

ARTICLE XIV – LEAVES………………………………………………………………………………………………………….16

ARTICLE XV – SALARIES………………………………………………………………………………………………………..18

ARTICLE XVI – OVERTIME……………………………………………………………………………………………………..18

ARTICLE XVII – PAYDAYS………………………………………………………………………………………………………19

ARTICLE XVIII – VACATIONS………………………………………………………………………………………………….19

ARTICLE XIX – EXTRA DUTY………………………………………………………………………………………………….20

ARTICLE XX – HOLIDAY PAY………………………………………………………………………………………………….21

ARTICLE XXI – INCLEMENT WEATHER………………………………………………………………………………..…22

ARTICLE XXII – HEALTH INSURANCE……………………………………..………………………………………………22

ARTICLE XXIII – ACTIVITY PASS…………..…………………………………………………………………………………22

ARTICLE XXIV – FAMILY AND MEDICAL LEAVE………………………………………………………………………23

ARTICLE XXV – USE OF VEHICLES………………………………………………………………………………………….25

ARTICLE XXVI – PROCEDURAL AGREEMENT………………………………………………………………………...26

ARTICLE I – DEFINITIONS

1.1SUPPORT PERSONNEL:

Non-teaching personnel will include all personnel employed by the school system except those whose employment requires a teaching certificate or who have responsibility for making written recommendations concerning the employment status of other employees or salaried employees.

1.2CALENDAR YEAR EMPLOYEE:

Support personnel working eight (8) hours or more a day based upon a twelve (12) month (calendar year) period of employment.

1.3SCHOOL YEAR EMPLOYEE:

Support personnel working six (6) hours or more per day based upon at least a ten (10)

month (school year) period of employment.

1.4PART TIME EMPLOYEE:

Support employees working four (4) hours per day.

1.5WORKDAY:

The work day shall be defined as the basic contract day for any support employee on a regular contract. “Days” shall be the actual working hours as stated in an employee contract. Reporting and departing time shall be established by each employee’s assigned supervisor.

1.6SENIORITY:

Continuous length of service in the McLoud Schools as a support personnel employee.

ARTICLE II – BREAKS

It is the intent of the district to provide reasonable breaks where possible.

2.1Paid breaks shall be as follows:

a.Four (4), five (5), six (6), and/or seven (7) hour employees may receive one (1) fifteen (15) minute break a day.

b.Eight (8) hour employees may receive two (2) fifteen (15) minute breaks a day.

2.2Breaks shall be scheduled by the employee’s immediate supervisor in conjunction with the job requirements for each employee.

2.3Depending upon the circumstances, efforts will be made to make scheduled breaks work and/or duty free (depending upon individual job description).

ARTICLE III – MEAL BREAKS

3.1An employee who works six (6) or more hours per day may receive a thirty (30) minute meal break, depending upon the individual contract.

3.2Type 1 – Employees whose contract day runs approximately 7:50 to 3:20 (7 ½ hours), but whose contract calls for a seven hour day, must have a 30 minute, duty free lunch. This type includes those employees on Teacher’s Assistant contracts. These meal breaks are unpaid breaks. This type will include Teacher’s Aides.

3.3Type 2 – Employees who have six (6), seven (7), or eight (8) hours on their contract, and whose day runs an equal amount of time, are expected to have a “working lunch”, which is expected to occur in district. These are paid breaks. This type will include central office support staff, Junior High and High School secretaries, cafeteria workers, paraprofessionals, and some custodians and maintenance workers.

3.4Type 3 – Employees on an eight (8) hour contract, but who have made arrangements with their supervisor to report early and/or stay late so that a total of 8 ½ hours at work is achieved, shall take a 30 minute unpaid lunch with supervisor approval.

3.5Type 4 – Employees who have 8 ½ hours between their time to report to work and dismissal time, but whose contract is for 8 hours daily, must receive a 30 minute unpaid lunch break. This type would include Elementary, ECC, Intermediated secretaries, and some of the custodians.

3.6Those with lunch “off the clock” will need to document in a manner prescribed by the district as to the actual time “clocked out” and actual time “clocked in.”

ARTICLE IV – WORK PROVISIONS

4.1DRESS CODE:

The bargaining unit will abide by any dress code set by the board. If it should be decided that any part of the support personnel should wear uniforms, the district shall pay for the cost of buying the uniforms.

4.2HEALTH AND SAFETY ENVIRONMENTS:

The board agrees to strive to provide safe and healthful working conditions for the support personnel of the McLoud District. Any conditions observed by an employee which has the potential for a safety or health problem shall be reported to the building principal.

4.3USE OF TELEPHONE:

Support personnel shall be allowed the use of a telephone or cell phone at any time for emergencies, either incoming or outgoing calls in compliance with Board policy/procedures. Employees shall be allowed the use of a telephone for personal calls during breaks provided it does not interfere with the normal operation of school business. Such calls shall be limited to three (3) minutes and such privilege shall not be abused by any employee.

4.4WORK OVERLOAD DUE TO ABSENCE:

If absence of another employee(s) creates work overload, supervisors will make a good faith attempt to replace the absent employee with a substitute employee. If for any reason a “sub” cannot be brought in, the employee’s supervisor and/or manager shall implement a plan to distribute work equitably among those employees present.

4.5SCHOOL CALENDAR:

The board shall establish the school calendar. The Association may provide suggestions to the Superintendent, in writing, regarding the calendar.

ARTICLE V – ASSOCIATION RIGHTS

5.1RIGHT TO JOIN:

All support personnel under contract with the McLoud Public Schools has a right to join and participate in the association or the right to refrain from association activity. The board and/or association shall not discriminate against any person regardless of membership or non-membership in the association. All support employees have the right to participate in any vote action taking place, and all support personnel will fall under the guidelines agreed upon and approved in the negotiated agreement.

5.2USE OF COPY MACHINES:

The association shall be permitted the use of a copy machine belonging to the district. This shall only be done before or after work hours or during the user’s scheduled breaks. The Association will pay the normal copying fees set forth in Board Policy.

5.3USE OF BUILDINGS FOR MEETINGS:

With prior approval of the building principal, and scheduled use through the Central Office, the Association shall be permitted the use of a building belonging to the district for local meetings and employee conferences. The association will follow any rules and guidelines set aside by the district for the use of district buildings by any organization.

5.4MSPA ACTIVITIES:

All MSPA activities will be conducted outside of the employee workday.

5.5RIGHT TO REPRESENTATION:

All association members shall have the right to representation of his/her choice at any disciplinary conference and/or meeting that should pertain to that employee at any time or place. If there are any expenses incurred to arrange such representation, these will be the responsibility of the employee.

5.6RIGHT TO INFORMATION:

The association shall have the right to any public information that can be acquired at the Board office in accordance with board policy.

5.7PRINTING AND DISTRIBUTION OF AGREEMENT:

Within thirty (30) days of ratification, MSPA shall assemble a booklet containing the ratified agreements between the board and the association. The association and board must review and mutually agree that the booklet is ready to print. It shall be the responsibility of the Association to print copies of the agreement. The association shall take responsibility to distribute copies of the agreement to all support personnel. The production of copies and the distribution shall take place outside of the normal work day. The Board shall provide the materials and equipment (copy machine) and Association will provide the labor of the copying and binding the agreement. All support employees will sign a roster or give written or email verification that they have received a copy and/or had access to a copy of the proposed negotiated agreement. These written verifications will be collected in one file in the Central Office.

5.8PAYROLL DEDUCTIONS:

In addition to deductions required by state and federal law, each employee may, upon written authorization, request any items as approved by Board policy and by Oklahoma Law.

5.9ASSOCIATION BULLETIN BOARDS:

MSA will have an informational bulletin board, separate from the teachers’ bulletin boards in each of the following locations:

  1. The ECC Cafeteria
  2. The Intermediate Cafeteria
  3. The High School Cafeteria
  4. The Maintenance Building
  5. The Administration Building
  6. The Bus Barn
  7. The High School East Building
  8. The High School West Building
  9. The Junior High Building
  10. The Intermediate Building
  11. The Elementary (J) Building
  12. The Early Childhood Center

ARTICLE VI – MEDICAL/PHYSICAL EXAMINATIONS

6.1When the Board deems it necessary for any employee to undergo a medical/physical examination, the school board shall absorb all expenses related to the medical/physical examination.

6.2Employees choosing to be examined by a physician other than the physician designated by the board shall do so at their own expense.

ARTICLE VII – DUE PROCESS

7.1SUSPENSION, DEMOTION, AND TERMINATION PROCEDURES:

a.In accordance with Title 70 of the Oklahoma Statutes, Sections 6-101.40 through 6-101.47, these following are causes for suspension, demotion, termination, or nonrenewal of support personnel.

  1. Leaving workstation without authorization prior to lunch periods or end of workday.
  2. Excessive unexcused absenteeism.
  3. Chronic absenteeism for any reason.
  4. Excessive tardiness.
  5. Persistently wasting time or distracting others during working hours.
  6. Leaving work area during working hours without proper notification and permission.
  7. Falsification of personnel or other records (personal or another employee’s records).
  8. Possession of weapons on the premises at any time.
  9. Removing district property, records, or confidential information from premises without proper authority.
  10. Willful abuse, misuse, defacing, or destruction of district property, including tools, equipment, or other property of other employees.
  11. Theft or misappropriation of property of employees, students, or this district.
  12. Sabotage.
  13. Refusal to follow instructions of supervisor.
  14. Refusal or failure to do work assignment.
  15. Unauthorized operation of vehicles, machines, tool, or equipment.
  16. Threatening, intimidating, coercing, or interfering with employees, supervisors, or students at any time.
  17. The making or publishing of false, vicious, or malicious statements concerning any employee, supervisor, students, or the district.
  18. Creating or contributing to unsanitary conditions.
  19. Practical jokes injurious to employees or district property.
  20. Possession, consumption, or reporting to work under the influence of alcohol, non-prescribed drugs, or controlled substances.
  21. Creating disturbances on the premises at any time.
  22. Disregard of known safety rules or common safety practices.
  23. Unsafe operation of motor driven vehicles.
  24. Operating machines or equipment without safety devises provided.
  25. Participating in or witnessing gambling, lottery, or any other game of chance on district property.
  26. Unauthorized distribution of literature, written, or printed matter of any description on district property.
  27. Posting or removing notices, signs, or writing in any form on bulletin boards of district property at any time without specific authority of the administration.
  28. Poor workmanship.
  29. Immoral conduct or indecency including abusive and/or foul language.
  30. Making or receiving personal telephone calls during working hours, except for emergencies.
  31. Walking off the job.
  32. Continued poor or negative attitude while on the job, including poor relationship with other staff of students.
  33. Smoking or tobacco use on district property is forbidden by state law. (See Board Policy CKDA)
  34. Failure to dress appropriately for work assignments.
  35. Refusal of job transfer within the district when transfer does not result in demotion.
  36. Abuse of rest periods or meal period policies.
  37. Inappropriate and/or unauthorized use of the school district’s computer network or Internet connections.
  38. Insubordination of any kind.
  39. Racial discrimination, including racial slurs or other demeaning remarks concerning another person’s race, ancestry, or country of origin and directed toward another employee, a student or a visitor.
  40. Violation of any district rule or policy.
  41. Violation of any administrative rule or order.
  42. If it is in the best interest of the school district, any support person may be suspended, demoted, or terminated.

Violations of any of the above may lead to the suspension, demotion, or termination of the support employee.

REFERENCE: 70 O.S. §6-101.40, et seq.

b.Part-time employees (bus drivers) and full-time employees with less than one (1) year of service may be suspended, demoted, or terminated at any time without cause.

c.Part-time employees and full-time employees with more than one (1) year of service may be suspended, demoted, or terminated for any cause.

1.The employee shall be advised in writing of the right to a hearing before the Board.

2.If the employee requests a hearing within ten (10) days after receiving the notice, a hearing will be scheduled at the next regularly scheduled Board meeting or at a special meeting called for that purpose. The decision of the Board will be final.

7.2DISCIPLINARY PROCEDURES:

a.Disciplinary actions including suspensions, demotion, and termination of employees shall be taken in accordance with the following policy:

1.Disciplinary action may begin at any step depending upon the Administration’s determination of the severity and nature of the cause for the discipline.

2.The first step in the disciplinary process will normally be a verbal warning or reprimand.

3.The second step in the disciplinary process will normally be a written reprimand. The reprimand will be dated and signed by the Administrator issuing the reprimand. The employee receiving the reprimand must read and sign it at the time it is presented to him/her. The signature is not to signify agreement, but to verify the reprimand was received and read. If the employee refuses to sign the reprimand, said refusal will constitute an additional cause for disciplinary action. The employee may respond in writing within ten (10) days, and such response shall be filed along with the reprimand in the employee’s personnel file.

4.The third step in the disciplinary process will normally be suspension, demotion, or termination which shall occur in accordance with all applicable law.

7.3RIGHT TO REPRESENTATION:

Employees shall, upon their request, have the right to be accompanied by a person of their own choosing at a conference scheduled by administrators and/or the Board for the purpose of formal written disciplinary action.

ARTICLE VIII – REDUCTION IN FORCE

8.1DETERMINATION OF NEED TO REDUCE STAFF:

When the Board determines the need to reduce the number of employees in the bargaining unit, the positions to be eliminated will be determined by the Board. The employees to be released as a result thereof will be determined in accordance with the following policy. This policy only applies to full-time employees with more than one (1) year of service and regularly employed part-time employees with more than one (1) year of service who are employed the full required time of their positions determined by the Board of Education. Part-time employees and full-time employees with less than one (1) year of service may be released at any time without cause.

8.2PROCEDURE FOR REDUCTION:

a.When selecting employees for reduction, the Administration shall consider the following criteria as each relates to the employees being considered in each job category. Length of continuous and uninterrupted service will be considered a priority factor along with the other listed criteria.

  1. Training
  2. Experience
  3. Length of continuous and uninterrupted service
  4. Licenses held
  5. Special skills
  6. Administrative evaluation

b.An employee selected for reduction shall be afforded the notification and hearing procedures provided in 7.1 c of Article VII.

8.3PROCEDURE FOR RECALL:

a.An employee as a result of this policy shall be placed on a recall list for a period of one (1) calendar year from the date of reduction. The employee shall remain on the recall list until and unless the employee:

  1. Waives recall in writing.
  2. Resigns.
  3. Fails to accept a position of reemployment within ten (10) days after this has been offered.

b.Order of Recall – As positions become available, employees shall be recalled to work in the reverse order they were laid off.

1.Change of job category is allowed under section 8.3b assuming job qualifications can be met, and it is the preference of the returning employee.

ARTICLE IX – POSTING OF VACANCIES

9.1The administration shall post notice of all vacant positions within the bargaining unit. During the school year the vacancies shall be posted at each work site and the MSPA president shall also receive a copy. During the summer months the vacancies will be posted at the central office. Employees will have a minimum of five (5) working days in which to make application for a vacant position.

9.2When filing vacancies and assigning employees to positions, consideration shall be given to seniority, individual qualification, and the overall needs of the District.

9.3The district shall give consideration to employees currently employed in the district prior to filling the position.

9.4Vacancies will be filled on a temporary basis, depending upon critical need, followed by contract procedures.

ARTICLE X – TRANSFER AND ASSIGNMENT

10.1When a change of assignment is deemed necessary, a conference shall be held with the affected employee. Such conference shall include the employee, supervisor and/or higher administration as soon as possible.

10.2Employees who transfer to another job within the district can take their years of service with them.

10.3If during the summer months it is deemed necessary to transfer or reassign an employee, that employee, his/her present manager, and the manager of the position the employee is to be transferred to, will be notified of the transfer ten (10) days before the beginning of the school year, if the need for the transfer was known at least ten (10) days in advance.

ARTICLE XI – PERSONNEL FILE

11.1The board shall maintain only one (1) confidential file on each employee. This file shall be kept and maintained at the central office. No hearsay material may be placed into the file.