Contract

TABLE OF CONTENTS

Page

Preamble............................................................................................................................................ 1

Article I - Recognition.......................................................................................................................... 2-3

Article II - Association Dues

Dues and Fees.............................................................................................................................. 4

Fair Share..................................................................................................................................... 4

Article III - Association Rights............................................................................................................... 5

Article IV - Management Rights............................................................................................................ 6-7

Article V - Workweek and Overtime

Workweek..................................................................................................................................... 8

Compensatory Time....................................................................................................................... 8-9

Article VI - Seniority, Vacancies, Promotions, Layoff and Probation

Seniority....................................................................................................................................... 10

Vacancy....................................................................................................................................... 10

Reduction in Force......................................................................................................................... 10-11

Recall........................................................................................................................................... 11-12

Probationary Period for New Employees........................................................................................... 12-13

Probationary Period for Promoted Employees................................................................................... 13

Discipline/Dismissal....................................................................................................................... 13

Article VII - Rest Periods/Lunch Periods

Rest Periods................................................................................................................................. 14

Lunch Periods............................................................................................................................... 14

Article VIII – Complaint Procedure ....................................................................................................... 15

Article IX - Personnel Files................................................................................................................... 16-17

Article X- Benefits

Holidays........................................................................................................................................ 18

Vacation....................................................................................................................................... 18-19

Insurance Benefits......................................................................................................................... 19-20

PERS........................................................................................................................................... 20

Tuition Reimbursement................................................................................................................... 20-21

Mileage Reimbursement................................................................................................................. 21

Article XI - Leaves of Absence

Paid Leaves

Sick Leave............................................................................................................................... 22

Emergency/Personal................................................................................................................. 22

Bereavement............................................................................................................................ 22

Court Appearances................................................................................................................... 22-23

Unpaid Leaves

Parental Leave.......................................................................................................................... 23-24

Leave without pay..................................................................................................................... 26-27

Article XII - Grievance Procedure........................................................................................................... 26-29

Article XIII - Strikes and Lockouts......................................................................................................... 30

Article XIV - Salaries........................................................................................................................... 31

Article XV - Non-Discrimination............................................................................................................. 32

Article XVI - Miscellaneous

New Positions............................................................................................................................... 33

Information Availability

New Employee Notification........................................................................................................ 33-34

Payroll Deductions......................................................................................................................... 34

Copies of Agreement...................................................................................................................... 34-35

Savings Clause.............................................................................................................................. 35

Complete Agreement...................................................................................................................... 35

Funding......................................................................................................................................... 35-36

Extended School Year................................................................................................................ 36

Training for Instructional Assistants........................................................................................ 36

State Mandated Expenditures................................................................................................ 36

Article XVII - Duration of Agreement............................................................................................. 37

Appendix A - Salary Index and Schedule for 12-month Employees (1999-2002)............................... 38-40

Appendix B - Salary Index and Schedule for 10-month Employees (1999-2002)............................... 41-43

Appendix C - Vacancy - Newly Created/Resignation/Transfer/Termination....................................... 44

Addendum D - Job Classifications............................................................................................... 45

PREAMBLE

This contract is made and entered into by the Board of Education on behalf of South Coast Education Service District Region #7, Coos County, Oregon, hereinafter referred to as the "Board" or "District" and Chapter 114, Oregon School Employees Association, hereinafter referred to as the "Association."

The intent of this Agreement is to set forth and record herein the full contractual Agreement between the parties on those matters set forth in this agreement.

The duration of this contract shall be three (3) years from the date of July 1, 2001 to June 30, 2004.

ARTICLE I: RECOGNITION

1.1 The Board recognizes the Oregon School Employees Association as the exclusive bargaining representative, as defined in ORS 243.650, for all part-time classified employees working less than 25 hours per week, except supervisory and confidential employees, temporary employees, substitutes and department heads having evaluative responsibilities over other staff members.

1.2 Definitions

A. Part-Time Employee: A member of the bargaining unit working less than 25 hour per week represented by the Association.

B. Temporary employee: A person who is employed for a specific job upon the completion of which service will not be required on an ongoing basis provided the work does not exceed ~~sixty-five (65)~~ ninety (90) work days, unless the District and the Association have agreed to a longer period, or a person who is employed to replace an absent regular employee who is on an authorized unpaid leave of absence.

C. Substitute: a person who is employed to replace an absent regular employee who is on a paid or unpaid leave of absence. Any person who performs service as a substitute in the same position for six (6) continuous months or more shall be considered a regular part-time employee for all purposes for the remainder of that fiscal year and the following fiscal year if he/she continues service as a substitute on the same work basis as during the past year.

D. Permanent Replacement: Temporary and substitute employees shall not be used to permanently replace a regular classified part-time position. This shall not be construed so as to prevent a temporary or substitute employee from applying for a regular classified position.

1.3.1 No Obligation

Granting of recognition is not to be construed as obligating the District in any way to continue any functions or policies.

ARTICLE II: ASSOCIATION DUES

2.1 Dues & Fees

A. The District will include a copy of the current classified contract and, if the Association provides materials, the District will include an OSEA membership packet in every classified employee’s “new employee packet” during their new employee orientation.

B. The District shall advise the new employee that the Association is their exclusive bargaining representative but membership in the Association shall not be required.

B. The District agrees to deduct Association dues and fees of the Association for all employees who are members of the Association and to promptly remit those funds to the Association's State Headquarters.

2.2 Fair Share

A. The Board and the Association agree, except that upon written note of a majority of the classified staff, non-members shall make in-lieu-of-dues payment, as defined in Article II, 2.2.

B. The Fair Share amount shall be calculated as 100% of Oregon School Employees Association dues and fees.

C. Notwithstanding the above, the rights of non-association of employees, based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member, shall be protected. Any employee wishing to claim such religious tenets will receive upon request from the Oregon School Employees Association a membership exception form. Upon submittal of said form, the Association will forward the membership exception form to the ESD bookkeeper. Anyone exercising this right shall have the amount equal to 100% of the Association dues contributed to a non-religious charity within the ESD guidelines.

2.3 Hold Harmless

The Association agrees to hold the District, its officers and individual Board members harmless against any and all claims, suits, orders or judgments brought against the District as a result of the provisions of Sections 2.1 and 2.2.

ARTICLE III: ASSOCIATION RIGHTS

3.1 The Association or the committees of the Association shall be allowed the use of the facilities of the Board for meetings, unless the Board has prior commitment for the use of the facilities. Such use shall be limited to after the regular workday. The Association will submit a request to use ESD facilities not less than one (1) week in advance of the date the facilities are needed.

3.2 The Association shall be allowed the use of such office equipment, when not in use by the District, to provide duplicating and information to the employees with the understanding that information stored on drives belongs to the District. However, the Association shall pay the reasonable cost of all supplies used by the Association. The Association shall be responsible for any repairs or replacement of equipment damaged or broken (exclusive of ordinary wear and tear) while being used by the Association. Some high cost equipment will not be available for use such as the in-focus equipment.

3.3 The Board shall provide the Association with bulletin board space for the reasonable use of the Association in communicating with employees.

ARTICLE IV: MANAGEMENT RIGHTS

4.1 The Board consists of citizens who are elected by and directly responsible to the community for the total education program. The Board acts by and through its administrative and supervisory staff. The parties, therefore, jointly recognize that the Board has the responsibility for formulation and implementation of policies and rules governing the educational program and services of the District. No delegation of such responsibility is intended to be implied by any provisions of the Agreement.

4.2 Recognizing the relationship noted in 4.1 of this Article, the parties agree that the District retains all the customary, usual and exclusive rights, decision-making, prerogatives, functions and authority conferred upon and invested in it by the Constitution of the state of Oregon except as limited by the terms of this Agreement. Such powers, rights, authority, duties and responsibilities shall include, but are not limited to:

A. The executive management and administrative control of the school system and its properties and facilities.

B. The hiring of all employees and the right to determine their qualifications and the conditions of their continued employment or their discipline, dismissal, demotion, promotion or transfer.

C. The unqualified right of assignment and direction of work of all of its personnel, determines the number of shifts and hours of work and starting times and scheduling of all the foregoing, and the right to establish, modify or change any work or business hours or days.

D. The unqualified right to establish the school calendar.

F. Determine the services, supplies and equipment necessary to continue its operations and to determine the methods, schedules and standards of operation, the means, methods, and processes of carrying on the work including automation thereof or changes therein, the institution of new and/or improved methods or changes therein.

G. Adopt reasonable rules and regulations.

H. Determine the qualifications of employees, including physical conditions.

I. Determine the location or relocation of its facilities, including the establishment or relocations of new schools, building, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, building or other facilities.

J. Determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies.

K. Determine the financial policies, including all accounting procedures, and all matters

pertaining to public relations.

L. Determine the size of the management organization, its functions,

authority, amount of supervision and table of organization.

M. Determine the policy affecting the selection, testing or training of employees providing such

selection shall be based upon lawful criteria.

N. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the

District shall be limited only by the specific written terms of this Agreement and then only

to the extent that such terms are in conformance with the Constitution and the laws of the

state of Oregon.

4.3 Without limiting the generality of the foregoing, it is expressly recognized that the Board's operational and managerial responsibility is delegated to the Superintendent, and he in turn shall delegate responsibilities to department heads and/or other supervisory employees so that the District can function effectively through a chain-of-command design.

4.4 The parties to this Agreement recognize the authority of the Board to contract out bargaining unit work. Should the Board make such a decision, it recognizes its notification requirements pursuant to ORS 243.698.

ARTICLE V: EMPLOYEE WORK SCHEDULE AND OVERTIME

5.1 Employee Work Schedule

The employee’s work schedule will be set by the employee's supervisor.

5.2 Compensatory Time

A. Compensatory time shall be earned for time worked in excess of forty (40) hours per week .

Compensatory time shall be credited at the rate of 1 1/2 hours for each hour of overtime worked.

B. Compensatory time shall be approved by the supervisor before earned and before taken.

C. At the discretion of the District, comp time may be paid when the employee either moves from one funding source to another or the funding source terminates. Example, an employee who is paid out of the Regional Grant applies and is hired to fill a position in the General Fund, any compensatory time earned may be paid off prior to moving to the new position.

If funds are available and the employee requests it, at the discretion of the District, comp time may be payable in cash in lieu of time off.

5.3 If an employee's request to attend a training course, educational class or similar job enhancing training is approved, neither travel time nor class/training time beyond his/her normal work hours shall constitute time for which wages or compensatory time would be earned. This is not intended to preclude the employer from paying for any or all authorized cost related to the approved program. If the District directs attendance for training or the training is required by law, the District will pay authorized costs and compensate the employee according to the following rules:

A. Overnight stays: Compensatory time will be earned for the employee's work time within his/her normal workweek schedule, such as 8:00 a.m. - 5:00 p.m.

B. Sessions not requiring overnight stays: Travel time and class/training time shall constitute work time, for which wages or compensatory time would be earned pursuant to Article 5.2.

ARTICLE VI: SENIORITY, VACANCIES, PROMOTIONS, LAYOFF AND PROBATION

6.1 Seniority shall be defined by the total length of continuous part-time employment within the District as a classified employee. For the purpose of computing seniority, all paid authorized leave shall be considered as time worked. Employees whose services are discontinued through process according to public law shall be reinstated to a job position if and when a position is available providing this occurs within twenty-seven (27) months from the date of the employee's layoff and the employee is qualified for the position. Those employees who are subsequently reinstated shall retain their full seniority, salary steps and benefits that are in effect at time of reinstatement.

6.2 A vacancy shall be defined as a bargaining unit position that is not filled by a current part-time employee once the ESD has completed assigning staff and is a position the ESD has decided to fill.

6.3 When a vacancy occurs within the part-time bargaining unit, the position will be filled according to the procedures outlined in Appendix C.

6.4 Reduction in Force

A. In the event it becomes necessary to reduce the workforce, the District will give ten (10) working days notice, if possible, to the affected employee(s) and to the Association.

B. If there is a reduction in force or a reduction in hours, the District shall make an effort to transfer those affected to another position within the District for which they are qualified.

C. Employees shall be laid off within classification and job title as defined in Addendum

D. The employee also has bumping rights to any other classification the employee may have successfully held with the District prior to the employee’s current assignment.

D. The District will conduct the layoff according to seniority (Sec. 6.1). For an

employee who has worked for the ESD two years or less, the ESD may elect to retain a less senior employee in the following circumstances:

(1). The employee does not have the appropriate training or certification for the position;

(2). The employee does not have any practical experience in the position and the less senior employee possesses relevant practical experience;

(3). The nature of the program is such that the student(s) need contact with the employee already known to them;

(4). The District determined that a less senior employee is significantly more qualified than the most senior employee.

E. The employee who bumps down will be placed on the salary step corresponding to their years of seniority at the ESD. (Example: An employee who is an instructional technician and has five years seniority would bump down to Step V of the instructional assistant level.)

F. An employee who is given the initial notice of layoff can either accept the layoff or can use his/her seniority as defined above to exercise bumping rights. A request to bump must be made within five (5) working days of receipt of the layoff notice and possible openings. An OSEA officer will be notified of specific employee layoffs.

G. At the time of layoff, the employee shall notify the District in writing of his/her desire to be recalled by the District. The written notice shall include an address to which a notice of recall shall be mailed. It is the responsibility of the employee to keep the District informed of any changes of address.

H. Insurance during layoff will be paid through the month following the effective date of the layoff (last day worked). Employees may arrange to retain insurance coverage’s in accordance with policy requirements and COBRA.

6.5 Recall

A. Laid off employees will be recalled in the inverse order of their release within job titles that they had previously held or lower titles within those classifications as defined in Addendum D. An employee who has worked a continuous nine months or more shall have their time counted as a full year toward their two years of seniority for recall purposes.

(1). The District will conduct the recall according to seniority (Sec. 6.1). For an employee who has worked for the ESD two years or less, the ESD may elect to recall a less senior employee in the following circumstances:

(a.) The employee does not have the appropriate training for the position;

(b.) The employee does not have any practical experience in the position and the less senior employee possesses relevant practical experience;

(c.) The nature of the program is such that the student(s) need contact with the employee already known to them;

(d.) The District determined that a less senior employee is significantly more qualified than the most senior employee.

B. If a vacancy occurs for which the laid off employee is qualified as stated above, the District will notify the employee by certified mail, return receipt requested. A vacancy is a bargaining unit position that is not filled by a current employee once the ESD has completed assigning staff and is a position the ESD has decided to fill. The employee has five (5) working days from the receipt of the letter to accept or reject the position. If the employee fails to respond and/or rejects offers three times, it will be considered a voluntary termination. An employee may reject a position that requires s/he to travel more than 35 miles from the assigned branch. An employee’s rejection for the mileage hardship will not be counted against them.

C. Recalled employees must report to work no later than sixteen (16) calendar days following their acceptance of the offer if they are currently employed and required to give notice to their employer and seven (7) calendar days for others who are not currently employed at the time of recall.

D. The recalled employee will be placed at the nearest position on the salary schedule as he/she was at the time of layoff.

6.6 Probationary Period for New Employees

A. Each new employee shall serve a probationary period of six (6) months. If an employee changes positions prior to the end of the six (6) month period he/she will commence a new probationary period. An employee would only serve a maximum of two consecutive probationary periods with the second one being for four months.

B. A probationary employee may be released, removed or discharged for any reason. The District shall not be required or requested to indicate the reason for its action.

C. Any employee in a paid status on the first full workday following the date of completion of the prescribed probationary period shall be deemed to have regular status.

6.7 Probationary Period for Promoted Employees

A. An employee who has been promoted shall serve a probationary period of four (4) months before attaining regular status in that classification.

B. An employee who has received a promotion and who subsequently fails to complete the required probationary period will be returned to the previous position.

Proposed

OREGON SCHOOL EMPLOYEES ASSOCIATION

CHAPTER 114

For the Period

ARTICLE I: RECOGNITION