Prickly Pear Cooperative
PRICKLY PEAR COOPERATIVE
SPECIALISTS’
MASTER CONTRACT
2012-2014
PRICKLY PEAR COOPERATIVE
MASTER CONTRACT
TABLE OF CONTENTS
Page
Preamble 4
Article 1 Board Rights 4
Severability 5
Article 2 Association Rights 5
2.1 Association Business 5
2.2 Association Involvement in Board Meetings 5
2.3 Uniform Application of Rules and Regulations 5
2.4 State and Federal Rights 5
2.5 Information 5
2.6 Right to Organize 5
Article 3 Working Day 6
3.1 Basic Work Day 6
3.2 Basic Work Year 6
1. Case Load 6
2. Cooperative Automobiles 6
Article 4 Employee Leaves 7
4.1 Sick Leave 7
4.2 Parental Leave 8
4.3 Personal Leave 8
4.4 Professional Leave 8
4.5 Bereavement Leave 8
4.6 Other Leaves 9
4.7 Association Leave 9
Article 5 Insurance Benefits 9
5.1 Insurance 9
Article 6 Assignments and Transfers 10
6.1 Assignment 10
6.2 Contract Labor Outside of Master Contract 10
6.3 Transfers 10
Article 7 Evaluation 11
7.1 Purpose 11
7.2 Procedures for Administering the Evaluation Program 11
7.3 Procedures for Remediation 12
Article 8 Grievance Procedure 12
8.1 Purpose 12
8.2 Procedure 13
Article 9 Payroll Deductions 14
9.1 Payment Options 14
9.2 Social Security 15
9.3 Teacher Retirement 15
9.4 Authorized Payroll Deductions 15
9.5 Authorized Dues Deductions 15
Article 10 Salary Schedule 15
10.1 Salary Schedule 15
10.2 Continuing Education Units 16
10.3 Lane Changes 16
10.4 Payment by Cooperative for License/Certification Dues/Fees 16
Article 11 Reduction in Force 16
11.1 Seniority 16
11.2 Reduction in Force 17
11.3 Recall 17
Article 12 Employee Strike 17
12.1 No Strike 17
Article 13 Duration 17
13.1 Duration 17
Article 14 Salary Schedule 18
14.1 Salary Schedule 18
14.2 Recruiting Bonus 18
PRICKLY PEAR COOPERATIVE
MASTER CONTRACT
Preamble
This agreement is between the Prickly Pear Cooperative Board, hereinafter referred to as the “Board”, and the Prickly Pear Cooperative Specialists (certified and/or licensed personnel) hereinafter referred to as the “Specialists”:
This instrument encompasses all of the agreements between the Board and the Specialists on all matters negotiable for agreement under Public Employees Collective Bargaining Law, Sections “39-31, 304 and 305, M.C.A.”, and neither party hereto shall be required, during the term hereof, to negotiate for agreement upon any issue, whether or not such issue is mentioned herein. All prior practices, agreements, and understandings, written and oral are superseded by this Agreement and are of no force or effect unless specifically incorporated herein.
ARTICLE 1
BOARD RIGHTS
Specialists and their representatives shall recognize the prerogative, under the Act, of the Cooperative to operate and manage its affairs, including but not limited to the following: To direct Specialists; to hire, promote, transfer, assign and retain Specialists: to relieve Specialists from duties because of lack of work or funds and/or under conditions where continuation of work would be inefficient and nonproductive; to maintain the efficiency of government (Cooperative) operations; to determine the methods, means, job classifications and personnel by which government (Cooperative) operations are to be conducted; to take whatever actions may be necessary to carry out the missions of the agency in situations of emergency; and to establish the methods and processes by which work is performed. In addition and in order to reserve all other rights not itemized in statute, the Board reserves all rights to manage the Cooperative, which are not specifically modified by this Agreement.
Severability
If any provision of this agreement or any application thereof to any specialist is held to be contrary to law, then such provision or application shall be deemed invalid, to the extent required by such decision, and the remaining provisions shall continue in full force and effect. If such provisions exist which are so held, at the request of either party, negotiations shall immediately commence in order to alter said section(s) providing the benefit(s) according to the intent of the parties. This language does not negate the parties' obligation to bargain changes to mandatory subjects under the Collective Bargaining Law.
ARTICLE 2
ASSOCIATION RIGHTS
2.1 Association Business
The Prickly Pear Cooperative Specialists Association will be permitted to transact Prickly Pear Cooperative Specialists Association business on host district premises, use the copy machine and pay for paper used, provided this will not disrupt normal classroom activities.
2.2 Association Involvement in Board Meetings
A. The Board shall place on the agenda of each regular or special Board meeting as the first item for consideration under “New Business” any matters brought to its attention by the Association three business days prior to the Board meeting and pursuant to Board Policy 1020. This ability of the Association to take matters before the Board shall not be interpreted as permission to bypass the Board’s designated representative for collective gaining.
B. It is understood that a representative from the Specialists Association may attend a board meeting and present association business or otherwise communicate as the need arises without loss of pay or leave time.
2.3 Uniform Application of Rules and Regulations
All rules and regulations governing employee activities and conduct shall be interpreted and applied uniformly throughout the cooperative.
2.4 State and Federal Rights
Nothing contained herein shall be construed to deny or to restrict any employees such rights as they have under the laws of Montana and the United States or other applicable laws, decisions and regulations. The rights granted to employees hereunder, as well as enforcement procedures, shall be deemed to be in addition to those provided elsewhere. No employee shall be disciplined without cause.
2.5 Information
The Board agrees to expeditiously furnish to the Association upon request all public information in the format(s) reasonably accessible to the employer and as requested by the Association subject to disclosure pursuant to Montana’s public information and collective bargaining laws.
2.6 Right to Organize
The Board agrees that employees shall have the full freedom of association, self-organization, and the designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and that they shall be free from interference, restraint or coercion by the Board, or its agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. The rights and privileges of the Association and its representatives as set forth in this Agreement shall be granted only to the Association as the exclusive representative of the employees and to no other competing organization or its members.
ARTICLE 3
WORKING DAY
3.1 Basic Work Day
A. It is understood that Specialists are working for a rural special services cooperative and will be providing itinerant services. The basic workweek including travel time and meetings will consist of forty (40) hours. Specialists are expected to exercise good judgment in the allocation of their time to meet the obligations of employment. It is understood that from time to time the workweek may go beyond forty hours and that Specialists may flex such time as long as it does not hamper normal service activities with students. Every effort will be made to schedule Special Education related meetings within an eight hour workday. It is understood that committee work is voluntary and within an eight hour workday.
B. Assignments will be provided to each Specialist prior to May 1st of each year for the following school year. Assignments will be flexible depending upon the needs of the Cooperative. When circumstances arise that necessitate a change in assignment, the change will be provided to the specialist two weeks prior to implementation of the change.
C. A basic work schedule that represents the mission of the Prickly Pear Cooperative to maximize resources shall be developed by the Specialist and approved by the director. To that end, the specialists will submit their schedule to the director within 10 working days of the first working day of the PPC calendar unless otherwise approved by the director. The director will provide copies of the schedules, once approved, to each Specialist and Superintendent.
3.2 Basic Work Year
The basic work year will be 187 days including PIR days. A calendar will be created by a committee made up of the director and 2 association appointed Specialists and approved by the board no later than the May board meeting.
3.3 Case Load
All members of each discipline shall meet with the Director and mutually agree about assignments and caseload distribution. If no agreement can be reached the issue(s) will be taken to the ad hoc committee for consideration and if necessary to the full Board. The Board will have the authority to make the final decision.
3.4 Cooperative Automobiles
A. The Prickly Pear Cooperative will have available automobiles for Prickly Pear Cooperative and reasonable personal use for all Specialists. The Specialists will be consulted in the scheduled use of the automobile or before changing assigned vehicles. Cooperative-owned automobiles are not to be operated by persons other than the Specialist employed by the Cooperative. Anyone who operates a Cooperative-owned vehicle must maintain a current valid driver’s license.
B. Specialists assigned Cooperative-owned automobiles are expected to operate them in a sound and responsible manner. Seat belts are to be worn by all occupants when the vehicle is in motion. Each Specialist driving a Cooperative vehicle will record beginning and ending odometer readings as well as destination.
C. Employees involved in an accident involving a Cooperative-owned vehicle have the obligation of promptly reporting the accident to the director and to the appropriate insurance company’s auto claims service.
D. The Cooperative shall provide adequate automobile insurance of at least $100,000/$300,000 coverage. The registration and licenses will be in the name of the Cooperative and paid by the Cooperative.
E. The Cooperative will pay for all gasoline, maintenance and repairs. The Cooperative shall provide to the Specialists a VISA or MasterCard bank credit card for vehicle use. (Gasoline, maintenance, etc.)
F. Specialists shall be reimbursed for using their personal cars on Cooperative business when either a Cooperative car is not readily available or it is deemed safer by the Specialist in consultation with Director to use a personal vehicle. The mileage rate shall be the allowable State rate in effect at the time the expense is incurred.
G. The Cooperative will provide emergency safety kits including winter survival supplies for each automobile.
H. Each driver will report in writing any problems to the director as soon as possible.
I. The Director will schedule each vehicle for general oil/lube and wash every 3,000 miles or as needed and for general maintenance review, tire rotation/balancing every 5,000 miles. Both scheduling and taking the cars in for such will be the Director’s responsibility.
J. Each employee is responsible for removing all personal articles and refuse from the vehicle. Cooperative equipment may remain in the vehicle at employee discretion with the exception of computers.
K. All safety guidelines previously adopted by the PPC shall be followed.
L. Specialists will car pool whenever possible.
ARTICLE 4
EMPLOYEE LEAVES
4.1 Sick Leave
A. At the beginning of each school year, a specialist shall be credited with 12 days of sick leave. Part-time specialists shall be credited on a prorated basis. Specialists shall be allowed to accrue annual sick leave days, to a maximum of 125 days. Upon separation from the Cooperative, each specialist shall be compensated for unused sick leave up to 100 days in a lump sum payment equal to one-fourth of the pay attributed to the accumulated sick leave.
B. Sick leave may be used for the required absence from work for illness or medical appointments which cannot be scheduled outside working hours, for the specialist or for the specialist’s spouse, parents, spouse's parents, spouse's child or child.
C. Abuse of sick leave is sufficient reason for termination.
D. Sick Leave Bank
1. By October 1 of each year, each specialist may elect to contribute up to two (2) nonrefundable days, but not less than one-half (1/2) day of sick leave per year to a common bank to be administered by a committee of two (2) specialists and two (2) board members. Specialists who have exhausted their accumulated sick leave allowance may make reasonable withdrawals, as determined by the committee, from the common bank, provided that there are sufficient days available in the bank. The maximum accumulation of days in the sick leave bank shall be 60.
2. Unused donated sick leave will be carried over to the following year to the maximum of 60 days. Allow up to two (2) additional days per employee to be donated in any year where the sick leave bank has been depleted to zero if approved as a bona fide emergency by the committee. The October 1 date would not apply to these days.
4.2 Parental Leave
For Leaves not addressed in 4.3, 4.4, 4.5, 4.6 or 4.7 of this negotiated agreement, the Prickly Pear Cooperative will use the Family Leave Act as the framework for determining the details of requested leave. This will pertain only to those leaves not addressed in the aforementioned articles of article 4.2.
4.3 Personal Leave
A. Three (3) days of personal leave will be granted to each full-time specialist. Two (2) days of personal leave may be carried over to the subsequent year. A maximum of five (5) personal leave days will be available in a given year. Part-time specialists shall be entitled to pro-rata personal leave based on the number of days and portion of days worked.
B. Personal leave days may be used to extend a school holiday or vacation period but may not be used during the beginning or ending weeks of the school year unless approved by the director. They may not be taken on (PIR) Pupil Instruction Related Days unless approved by the director.
C. The specialist will provide two days written notice to the Director requesting leave, except in the case of an emergency. The Director shall have the authority to grant or deny such leave in his/her sole prerogative and without establishing precedent.
D. The director may grant one (1) additional personal leave day in times of emergency.
4.4 Professional Leave
Specialists may be granted a minimum of two days professional leave per year for staff development. Professional leave will be granted at the discretion of the Director. Professional leave will apply only to hours of traditional employment. Professional leave and expenses may be granted at the discretion of the Director.