A.

AGREEMENT

Between

JEFFERSON COUNTY SCHOOL DISTRICT S09-J

And

MADRAS CHAPTER S4

OREGON SCHOOL EMPLOYEES ASSOCIATION

School Years:

2005-2006 2006-2007 2007-2008

December 12, 2005

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B.

Article

ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII

TABLE OF CONTENTS

Titlepage

PREAMBLE . '" ............ '" ....... 2

RECOG N ITION ....................... 2

DISTRICT RIGHTS AND RESPONSiBILITIES .. 2

ASSOCIATION DUES CHECKOFF .......... 3

ASSOCIATION RESPONSIBILITIES AND RIGHTS 3

SEN IORITY .......................... 4

REDUCTION IN FORCE .......... ........ 4

PERSONNEL RECORDS ................. 5

CONTRACTING OUT .................... 5

SA VI NGS ................................. 5

FU NDING ................................. 5

NON-DISCRIMINATION .................. 6

WORK SCH EDU LES ......................... 6

PERSONNEL POLICY ................... , 6

INSURANCE .......................... 6

PERSONAL OR EMERGENCY LEAVE ............. 7

SICK LEAVE .......................... 8

BEREAVEMENT ABSENCE ..................... 8

EDUCATIONAL TRAINI NG LEAVES ........ 8

EMERGENCY ABSENCE ................. 9

JURY DUTY .......................... 9

TEMPORARY DISABILITY LEAVES ............... 9

MI LIT ARY LEAVE ..................... 1 0

VACANCIES, PROMOTIONS, AND TRANSFERS 1 0

GRIEVANCE PROCEDURE ........... 11

DISM ISSAL ................................ 1 2

STRIKES AND LOCKOUTS ............... 1 2

TERM OF AGREEMENT ................. 1 3

SALARY REGULATIONS ................ 1 3

SIGNATURES OF AGREEMENT ................. 16

Attachment #1 -Salary Schedule for 2004-2005 17

Attachment #2 - Salary Schedule for 2005-2006 18

Attachment #2 - Salary Schedule for 2006-2007 19

Attachment #3 - Memorandum of Agreement 20

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PREAMBLE

C. This Agreement is entered into between the Board of Education on behalf of Jefferson County School District 509-J, herein referred to as the "Board" or "District" and the Madras Oregon School Employees Association, herein referred to as the "Association".

D. The intent of this Agreement is to set forth and record herein the basic and full agreement between the parties on those matters pertaining to wages, hours, and conditions of employment for classified personnel included in the bargaining unit.

e. The parties acknowledge that during the previous negotiations which resulted in this Agreement, each had unlimited right and opportunity to make demands and proposals with respect to any subject or . matter appropriate for collective bargaining, and that the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

ARTICLE I - RECOGNITION

1.1 The Board recognizes the Association as sole and exclusive bargaining representative for all of the classified employees in the unit as determined by the Employment Relations Board. Further, it is recognized that all administrators, certificated teachers, supervisors, confidential employees, substitutes, and temporary employees are specifically excluded from the bargaining unit.

1.1.1 For the, purpose of clarification, the following definition is agreed upon as confidential:

Pursuant to ORS 243.650 (6), a confidential employee is one who assists in a confidential capacity to a person who formulates, determines, and effectuates management policy in the area of collective bargaining.

1.1.2 For the purpose of clarification, temporary employees are defined as employees hired for a

specific period not to exceed the equivalent of One hundred eighty (180) consecutive work days.

No employee benefits will be provided except state mandated requirements. Temporary positions will not normally be used to complete work that is usually done by Bargaining Unit members.

1.1.3 For the purpose of clarification, probationary employees are persons who will be employed for a

period of one hundred twenty (120) work days before achieving the status of a regular classified employee. During this probationary period, should the services of an employee be found unsatisfactory, he/she will be terminated.

ARTICLE II - DISTRICT RIGHTS AND RESPONSIBILITIES

2.1 The Board retains the rights to manage, direct, and control its business and assign personnel except as such rights are speCifically modified or waived by the terms of this Agreement.

2.2 It is recognized that, except as expressly stated herein, the District shall retain whatever rights and authority are necessary for it to operate and direct the affairs of the District in all of its various aspects . including, but not limited to, the right to direct the working forces; to plan, direct, and control all the operations and services ofthe District; to determine the methods, means, organization, and number of personnel by which such operations and services are to be conducted; to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, demote, suspend, discipline, discharge, or relieve employees due to lack of work or other legitimate reasons; to make and enforce reasonable rules and regulations; and to change or eliminate existing methods, equipment, or facilities.

2.3 The District shall provide copies of this Agreement to all employees in the bargaining unit.

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2.4 The parties recognize that the District retains the right to determine the school calendar,to set the work year, and to adjust the number of days to be worked for any and all groups of employees.

2.4 The Board retains all of the above functions and rights except those items provided for in this Agreement.

ARTICLE III - ASSOCIATION DUES CHECKOFF

3.1 Employees have the right to join the Association, but membership in the Association shall not be

required as a condition of employment. The District will advise all newly employed personnel at the time of their employment that the Association is their exclusive bargaining representative.

3.1.1 Association Dues - The Board further agrees to continue to honor present dues deduction authorization executed by the employee in favor of the Association. The Board agrees to transmit the dues deducted as indicated above to the state office of the Oregon School Employees Association.

3.1.2 Fair Share - It is mutually agreed and recognized by the parties that each Bargaining Unit member shall share in the cost of the collective bargaining process. The monthly cost for a Bargaining Unit member is fixed at the same amount as the membership dues per month. That amount shall be deducted from the compensation of each Bargaining Unit member who has not certified to the District that he/she authorizes dues deduction. This money will be remitted monthly, in the aggregate, to the Treasurer of the Association. It is understood that the fair share amount in lieu of dues shall only be used as directed by the Constitution and Bylaws ofthe Association, by the majority vote of the membership.

3.1.3 Charitable Contributions - Any individual employee's personal objection to Association membership must be based upon the individual's bonafide religious beliefs or the teachings of a church or religious body of which the employee is a member. The employee will be required to inform the District and the Association of his/her objection. The employee shall pay an amount of money equivalent to regulation Association dues to a nonreligious charity or to another charity organization mutually agreed upon by the employee and the Association. Immediate written notification of the objection pursuant to this Section shall be provided to the payroll clerk ofthe District. The District and Association agree that individuals who choose not to have dues deducted from their pay will assume personal responsibility for payment to the selected charity. Payroll deduction will not be allowed.

3.1.4 If there is a claim made against the District as the result of the application of any of the provisions of this article, the Association agrees that it will hold the District harmless and will pay any and all amounts awarded against the District, including, but not limited to, damages, fees, fines, attorney fees, and court costs.

ARTICLE IV - ASSOCIATION RESPONSIBILITIES AND RIGHTS

4.1 The Association shall represent all classified employees in the District within the bargaining unit equally and without discrimination.

4.2 The Association or committees of the Association shall be allowed to use the facilities of the Board for meetings and use of such office equipment as needed to provide duplicating and information to employees. The Association will reimburse the District for cost of supplies used.

4.3 Visitations by state or local Association officers authorized by the District administration office will be allowed in the work areas of employees during work hours.

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4.4 Bulletin boards and inter-school mail facilities may be used for distribution and posting of Association communications so long as such communications are labeled as Association and are not defaming to any individual and/or group.

4.5 Association representatives, elected or appointed, shall be granted time off, with no loss of pay, to attend to activities dealing with contract administration or for processing grievances, for no more than eight (8) working days total, annually, non-accumulative.

4.6 The Association recognizes the District's rights, but in no way relinquishes its rights to bargain collectively on any matter pertaining to wages, hours, or conditions of employment in accordance with Oregon Law.

ARTICLE V - SENIORITY

5.1 Seniority shall be defined as the total length of continuous service within the District from the date of

last hire. For the purpose of computing seniority, all authorized leave shall be considered as time worked. Unpaid leaves of absence in excess of thirty (30) days shall not count towards seniority, but neither shall it break seniority. Employees who are laid off as a result of reduction in positions and who are subsequently reinstated shall retain their full seniority except for the period of layoff.

ARTICLE VI- REDUCTION IN FORCE

6.1 When the District determines that a reduction in staff is necessary, the District will designate which positions must be reduced or eliminated. Subsequent layoff will be implemented as follows:

6.1.1 When determining layoff, an affected employee's skill, ability, performance and record will be

considered. If in the District's judgment all things are equal, seniority will be the deciding factor.

6.1.2 Following written notice of layoff, a member of the bargaining unit shall have ten (10) working

days to initiate a request to retreat to another position.

6.1.3 A laid off member ofthe bargaining unit may retreat to a lesser position for which the employee

is qualified provided the retreating employee has greater seniority in the District, and the District cannot clearly demonstrate that the junior employee has greater skill, ability, and a better performance record.

6.1.4 Employees who are laid off shall receive priority consideration for subsequent rehiring during

the next eighteen (18) months and shall be recalled in reverse order of the layoff.

6.1.5 All employee benefits shall cease when the layoff is effective. Employees laid off in conjunction

with this article shall be allowed to participate in the District's insurance program at their own expense per Federal COBRA regulations.

6.1.6 When a laid off employee is considered for a specific position, failure to interview when

requested or indication of an unwillingness to accept the position during an interview will result in the employee losing priority consideration for future employment.

6.1.7 Offers under this article will be in writing, sent by certified mail, and will allow the individual

fifteen (1 5) working days from the postmark date to report for work. It shall be the responsibility of the employee to inform the District of any address changes. Failure to accept such an offer will result in loss of priority consideration for future employment.

6.1.8 Reinstated employees will be placed on the same salary experience step as prior to the layoff

providing the reinstatement is to the same job classification. Fringe benefits will be restored at

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the same level existin'g prior to the layoff. Days accumulated toward completion of benefits and probationary waiting periods shall be restored excluding the time of layoff.

6.1.9 The source of funding for a District position will not be considered in applying this article.

ARTICLE VII - PERSONNEL RECORDS

7.1 The personnel records of any employee in the bargaining unit shall not have any information of a critical

nature that does not bear that employee's signature or initials indicating that the employee has been shown the material, or a statement by the supervisor that the employee has been shown the material and that the employee has refused to sign or initial such information. An employee shall have the right to attach a written statement of explanation to any material which the employee believes to be incorrect or derogatory.

7.2 Letters of caution, consultation, warning, admonishment, and reprimand shall be considered temporary contents of the personnel records. An employee shall have the right to request the removal of such materials that have been in the file for a minimum of five (5) years. Such requests shall be granted. Excepted are materials required by law, which include evaluation documents. An employee's personnel records shall be available upon the employee's request.

7.3 Material placed in the personnel records of an employee without conformity with the provisions of this Article shall be removed and destroyed upon request from the employee.

ARTICLE VIII - CONTRACTING OUT

8.1 The Board shall not contract out any work presently being accomplished by the employees in the bargaining unit without first consulting with the representatives of the bargaining unit.

ARTICLE IX - SAVINGS

9.1 If any provision of this Agreement is declared by proper legislative, administrative, or judicial authority to

be unlawful, unenforceable, or not in accordance with Oregon Law, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.

ARTICLE X - FUNDING

10.1 The parties recognize that revenue needed to fund the compensation provided by this Agreement must be approved by established budget procedures and in certain circumstances, by vote of the citizens.

10.2 All such compensation is therefore contingent upon sources of revenue and, where applicable, voter budget approval. The District has no intention of reducing the compensation specified in this Agreement because of budgetary limitations, but cannot and does not guarantee any level of employment in the bargaining unit covered by this Agreement. The District agrees to include in its budget requests amount sufficient to fund the compensation provided by this Agreement, but makes no guarantee as to passage of such budget requests or voter approval thereof.

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ARTICLE XI - NON-DISCRIMINATION

11.1 The Association and the District affirm their adherence to the principles of free choice and agree that they shall not discriminate against any employee covered by this Agreement because of age, race, religion, sex, sexual orientation, education, national origin, membership or non-membership in the Association. All references to employees in this Agreement designate both sexes and when the male gender is used, it shall be construed to include both male and female employees.

ARTICLE XII- WORK SCHEDULES

12.1 Employees shall adhere to the daily schedule and shall make no commitments which will preclude their. being present in their assigned responsibilities. Requests for exceptions must be submitted to the principal or supervisor prior to the anticipated absence and/or late arrival or early leaving. Except in cases of emergency, employees shall not leave the station to which they are assigned during regular working hours without the consent of their designated supervisor.

12.2 All classified personnel shall receive a fifteen (l 5) minute break from their assigned duties during each four (4) hour period of consecutive service with the break as close as possible to the two (2) hour interval.

12.3 Classified personnel who work five (5) hours or more daily shall receive a duty-free, except in cases of emergency, lunch period of at least one-half hour.

12.4 Any employee recalled to work by their supervisor after their normal work day will be allowed to work at least two (2) hours. This provision does not apply to voluntary substitute work, working under a different job description, or to work that is of a regular, scheduled nature.

12.5 Whenever members of the maintenance or custodial staff are reauired by the District to work on their currently scheduled days off, the time will be paid at the overtime rate. The District shall not automatically incur the overtime rate when the employee voluntarilv agrees to work on scheduled days off.

ARTICLE XIII - PERSONNEL POLICY

13.1 The Board agrees that the personnel policy for classified employees now in effect will not be changed without first advising and consulting with representatives of the Association of the contemplated changes.

ARTICLE XIV - INSURANCE

14.1 The District will pay full family premium costs for health and accident insurance coverage for each employee who regularly works twenty (20) hours or more per week, effective at the first of the next month after hire date. Current employees whose work hours are increased to meet the minimum twenty (20) hours requirement will immediately be placed in the insurance program.

14.2 The District will pay full family premium costs for dental insurance coverage for each employee who regularly works twenty (20) hours or more per week, effective at the first of the next month after hire date. Current employees whose work hours are increased to meet the minimum twenty (20) hours requirement will immediately be placed in the insurance program .•

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14.3 The District will pay premium costs for individual life insurance coverage in the amount of $20,000 for each employee who regularly works twenty (20) hours or more per week, effective at the first of the next month after hire date. Current employees whose work hours are increased to meet the minimum twenty (20) hours requirement will immediately be placed in the insurance program.

14.4 The District will pay full family premium costs for vision insurance coverage for each employee who regularly works twenty (20) hours or more per week, effective at the first of the next month after hire date. Current employees whose work hours are increased to meet the minimum twenty (20) hours requirement will immediately be placed in the insurance program.

14.5 The District will pay premium costs for individual long-term disability insurance coverage for each employee who regularly works twenty (20) hours or more per week, effective at the first of the next month after hire date. Current employees whose work hours are increased to meet the minimum twenty (20) hours requirement will immediately be placed in the insurance program.

14.6 The District shall not pay insurance premiums for an employee beyond the last day of employment. 14.7 The District shall pay a premium cap up to $800 and enrolled classified employees will pay the remainder of premium costs for insurance coverage's agreed upon herein for premiums due from October 1, 2005 through September 30, 2006 coverage. Beginning with premiums due October 1, 2006 through September 30, 2008, the District shall pay the same premium cap as negotiated with the certified union. (In the event that an agreement with the certified staff has not been reached by July 1, 2006, the insurance premium cap will be re-opened).

14.8 If employees hours are reduced after the beginning of the school year to a level that would make the employee ineligible for benefits, benefits shall be continued for that employee as if the hours had not been reduced, until the end of the school year or until they stop working for the District, whichever comes first.

14.9 Employees ineligible for District payment of benefits shall be allowed to purchase some or all of the Districts insurance programs mentioned above, at no cost to the District and entirely at the option ofthe insurance carriers.

ARTICLE XV - PERSONAL OR EMERGENCY LEAVE

15.1 Two (2) days of personal and/or emergency leave will be granted without loss of pay, when the following conditions are met:

15.1.1 The request for leave is in writing and submitted to the building principal or appropriate supervisor.

15.1.2 The request states the days desired, provides written certification that the purpose ofthe leave is not for recreation, other business endeavors, or to extend a vacation or holiday but need not state the reason for the leave.

1 5.1.3 The Superintendent verifies that qualified substitutes are available. 15.1.4 The Superintendent may extend this leave for family illness, without pay.

15.2 Two (2) days of personal and/or emergency leave will be granted with the employee assuming the cost of substitute when the following conditions are met:

15.2.1 The request for leave is in writing and submitted to the building principal or appropriate supervisor.

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15.2.2 The request states the days desired and includes certification that the purpose ofthe leave is not to extend a vacation or holiday, but need not state the reason for the leave.

15.2.3 The Superintendent verifies that qualified substitutes are available.

15.2.4 The Superintendent may extend this leave for family illness, without pay.

ARTICLE XVI- SICK LEAVE

16.1 For absence due to personal illness, one (1) day per month shall be granted with full pay for a minimum often (10) days per year. Twelve-month employees shall be granted twelve (12) days sick leave per year ..

Sick leave shall be accrued on a monthly basis until the start of an employee's sixth full year with the District. Beginning with an employee's sixth year, sick leave shall be credited at the start of the year ..

16.2 Current annual sick leave shall accumulate to unlimited days. Upon retirement, an employees sick leave shall revert to zero.

16.3 For an absence due to personal illness in excess of five (5) consecutive days or a recurring illness, a written statement from the employee's physician may be required. If the absence is extended over successive pay periods, these verifications of illness or disability must be submitted regularly each month or worded in a way that the physician indicates the length of the illness.

16.4 Those individuals who, for religious reasons, do not employ a physician shall be expected to furnish proof as required by the administration.

16.5 For absence due to personal illness, the Board shall permit employees to transfer a maximum of seventyfive (75) accumulated days of sick leave accumulated in another Oregon Public K-12 school district.

16.6 Transferable sick leave shall be determined by the Superintendent or Deputy Clerk after receiving certification from school districts granting prior sick leave.

16.7 Members ofthe OSEA bargaining unit shall be allowed to use sick leave for the illness offamily members, in accordance with the standards set forth in the Oregon Family Leave Act and the Family Medical Leave Act.

ARTICLE XVII- BEREAVEMENT ABSENCE

17.1 Upon employee request, the administration shall grant bereavement leave up to five (5) days each case, non-accumulative. Bereavement leave shall be limited to two (2) days for cases not involving an immediate family member as defined by FMLA.

ARTICLE XVIII- EDUCATIONAL TRAINING LEAVE

18.1 Educational training leave may be granted with pay, upon the recommendation of the Superintendent.

Such leave may be granted according to the needs of the employee and the District.

18.2 Employees shall be reimbursed for expenses incurred during an educational training leave.

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ARTICLE XIX - EMERGENCY ABSENCE

19.1 For absences caused by inability to reach school because of flood, storm, or such acts of God, the employee shall expect no penalty for up to five (5) days when the absence is approved by the District.

19.2 When weather conditions make it necessary to close school, all twelve (12) month classified employees, secretaries, and bookkeepers will report to work unless they are excused from work by their immediate supervisor. All other classified employees will not be required to report to work; therefore will not be paid for that day/so

19.2.1 If any bus drivers or cooks are already on the job at the time of the notification of closure, they will be paid for the time already on the job with the minimum of two (2) hours.

19.2.2 In the event of a delayed school day, all classified employees, except those listed in 19.2, shall report to work at the delayed opening time of the school. Asin 19.2 above, employees arriving late because of the delayed opening will only be paid for actual hours worked

19.3 The District may require all employees to work any additional days the Board reschedules as a result of school closures. Makeup days for days missed during emergency closure may be scheduled at any time during the school year or prior to June 15, when the District gives notice of at least 15 calendar days.

19.4 In addition, those nine (9) and ten (10) month employees excused (under 19.2, 19.2.1, and 19.2.2) due to school closures may be required to report to work for paid training days following the end ofthe school year.

ARTICLE XX - JURY DUTY

20.1 Jury duty leave shall be granted as necessary. However, if a qualified substitute is not available, then the superintendent will request the court to release the employee in question from jury duty.

20.2 The employee is to notify the building principal or supervisor and file a leave request form when first called for jury duty and in turn the principal or supervisor will notify the superintendent.

20.3 Employees shall keep the jury duty pay received and the District will deduct an equal amount from the employee's regular salary. This shall not apply to mileage or meal reimbursement.

20.4 An employee subpoenaed to testify at a court proceeding, legal hearing, or trial will be granted the time without loss of pay, not to exceed two (2) working days per person per contract year. For appearances to testify against the District, substitute pay will be deducted from the employee's salary.

ARTICLE XXI- TEMPORARY DISABILITY LEAVE

21.1 Temporary disability leave without pay may be granted for one year. 21.2 Temporary disability leave shall not be allowed to accumulate sick leave.

21.3 Sick leave may be used for temporary disability leave.

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ARTICLE XXII - MILITARY LEAVE

22.1 Military leave will be authorized in accordance with current Veterans' Laws of the State of Oregon.

22.1.1 Military leave should not be requested unless every effort has been made to schedule the military duty outside regular school time.

22.1.2 Military leave requests should be made ten (10) days prior to desired date of leave.

22.1.3 Military leave returnees will be required to furnish proof of active duty.

22.1.4 Military leave shall in no way cause a penalty to the employee's position or his place on the salary schedule.

22.1.5 When the employee is involuntarily called to active duty, military leave will be granted until the employee's discharge.

22.1.6 When involuntarily called to active duty, the employee shall accumulate experience steps on the salary schedule at the rate of one (1) year military service to one (1) year school experience.

22.1.7 Employees will make every effort to schedule summer camps and other active duty time during non-school time.

ARTICLE XXIII- VACANCIES, PROMOTIONS, AND TRANSFERS

23.1 When a permanent or temporary* vacancy occurs in the District within the bargaining unit, an employee who is part of that unit may apply for the open position. Notice of job vacancies will be posted in a conspicuous place in each building for a minimum of seven (7) days prior to hiring. *(The Association and the District agree that the provisions of this agreement do not apply to temporary positions.)

23.2 In filling vacancies or new positions, the District shall employ, transfer or promote the person who, in the District's judgment, is the most qualified for the open position. Skill, ability, compatibility, seniority and past work record shall be among the factors considered by the District. When in the District's judgment, the candidates have equal qualifications; seniority shall be the deciding factor. This, under no circumstances, shall prevent the District from interviewing candidates from outside of the bargaining unit. It would be expected that the most qualified person would fill any vacancies, either from within the bargaining unit or not.

23.3 Previous work exoerience: New employees will be given credit for the amount of outside experience up to a maximum of three (3) steps on the classified salary schedule after the employee has completed the probationary period as provided in Board Policy 614. Placement of new employees shall be at the discretion of the superintendent. The local Association President will be advised in writing of the placement of all new employees.

23.4 Promotions: Any classified employee who is advanced to ajob classification receiving a higher rate of pay on the salary schedule will be placed on the schedule at the lowest step which would provide an average step increase based on the employee's current rate of pay.

23.4.1 An employee transferred or promoted to a new position will not receive an increment step in the new position for the coming year unless the employee has been in the position for 135 days (9 month positions) or 1 80 days (12 month positions).

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ARTICLE XXIV - GRIEVANCE PROCEDURE

24.1 A grievance, for the purpose of this Contract, is defined as any question, complaint, or controversy between any employee in the bargaining unit, or the Association and the Board involving:

24.1.1 The interpretation or application of the provisions of this Contract.

24.1.2 The established policies, procedures, or conditions affecting employees in the bargaining unit. (Note: a grievance over 24.1.2 may be carried to the Board level and not to binding arbitration).

24.1.3 For clarification purposes the time limits as listed below are to be considered as working days and not calendar days. A working day is considered as a day the District Office is open for routine business. The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process.

24.2 The grievant accompanied by an Association steward will discuss the grievance with the principal or immediate supervisor, with the objective of resolving the matter informally within fifteen (1 5) days of the act or condition which is the basis of his complaint. If the grievant had no knowledge of said occurrence at the time of its happening, then within fifteen (15) days of the first such knowledge.

24.3 If the grievant is not satisfied with the disposition of the grievance, the grievant may file a written grievance with the immediate superior (who has administrative authority to act) within ten (10) days following the informal meeting with the immediate supervisor or principal. This complaint shall set forth the grounds upon which the complaint is based and the reasons why the grievant considers the decision rendered unacceptable. The immediate supervisor shall communicate a decision in writing within ten (10) days to the aggrieved.

24.4 Within ten (10) days of receipt of the decision rendered by the immediate supervisor, the grievant, if not satisfied with the decision of the immediate supervisor, may appeal in writing to the Superintendent or the Superintendent's representative, who by job description has the administrative authority by Board policy to act in the matter of grievances.

24.5 Appeals to the Superintendent or representative shall be heard within ten (10) days of receipt of the appeal. Written notice of the time and place of the hearing shall be given five (5) days prior thereto to the grievant, the grievant representative, or any other persons offiCially involved in the grievance.

24.6 Within days of ten (10) hearing the appeal, the Superintendent or representative shall communicate to the grievant and the bargaining unit's representative a written decision which shall include supporting reasons.

24.7 If the grievant is not satisfied with the decision ofthe Superintendent or his representative, the grievant may file an appeal within ten (10) with the Board. The Board will notify all official parties of a hearing to be held within ten (10) days of the receipt of the appeal. The Board shall hear arguments of the Superintendent, the grievant, and/or the grievant's representative.

24.8 Within ten (10) days following the hearing, the Board shall render a decision in writing to all official parties.

24.9 Within ten (10) days of receipt of the Board's decision, Notice shall be served the Board of the Association's decision to appeal to binding arbitration. The Association shall, after serving notice to the Board, request a list of arbitrators from the Employment Relations Board. The arbitrator shall have no power or authority to rule on or decide any subject not specifically set forth in the expressed terms of this contract, nor shall the arbitrator decide any subject not expressed or contemplated by the parties. Moreover, the arbitrator shall not substitute personal judgment for that of the parties in any manner not specifically contemplated or clearly expressed.

24.10 The grievant shall have the option of having representation at any step of the grievance procedure.

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ARTICLE XXV - DISMISSAL

25.1 Except in cases of very serious misconduct, the principles of progressive discipline shall apply.

25.2 Susoension - In the event of very serious misconduct, the employee may be suspended from employment, with pay, until such charges are investigated and a decision is made to continue or terminate employment. If the District decides to terminate the affected employee, the actions required in 25.1 above shall be waived. If the employee is cleared of the charges, the affected employee will be immediately reinstated without loss of payor other benefits. If the charges are upheld, the termination date will be the date of suspension. Investigation and decision concerning the charges for the suspended employee will not exceed twenty (20) days from time of suspension, except in cases where a decision is pending the receipt of information from non-District employees or sources, not to exceed' twenty (20) additional days.

25.3 Probationarv Emolovees - Probationary employees may be dismissed at anytime during the probationary period if, in the judgment of the immediate supervisor, the employee is unwilling to or incapable of doing the job for which hired, or is performing in an unsatisfactory manner as determined by the District.

25.4 Classified employees will not be disciplined, except for just cause. This shall not apply to probationary employees.

25.5 This article does not apply to terminations which are due to an employee's inability to perform the assigned work due to incapacitation. On an individual basis, employees may be eligible for temporary disability leave per article 21.

ARTICLE XXVI - STRIKES AND LOCKOUTS

26.1 Neither the Association, its officers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction, support or suggest any strikes, slow downs, mass resignations, mass absenteeism, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part of the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions or compensation or the right, privileges or obligations of employment. In the event that any employee violates this Article, the Association shall immediately notify any such employee in writing to cease and desist from such action and shall instruct them to immediately return to their normal duties. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined as the Board deems necessary.

26.2 The District agrees to have no lockouts for employees.

26.3 This Article is subject to Oregon Revised Statutes.

ARTICLE XXVII - TERM OF AGREEMENT

27.1 The effective date of the Agreement shall be July 1, 2005, and it shall remain in full force and effect through June 30, 2008.

27.2 This Agreement will be opened no later than January 13, 2008 for the purpose of negotiating a subsequent agreement.

27.3 The one remaining current employee hired in the deleted secretary I (now department secretary) job classification prior to signing of the 1997 Agreement, shall be retained in the secretary II classification, for the duration of their employment in those specific positions. As each of the three positions becomes vacant, it will revert back to the department secretary classification prior to hiring of a replacement employee.

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27.4 BeginningJuly 1,2005, and continuing through December 1 5, 2005, the 2004-2005 salary schedule will remain in effect. (See Attachment #1 - Classified Salary Schedule for 2005-06.)

27.5 Beginning December 16, 2005, and continuing through June 30, 2006 the 2004-2005 salary schedule will be increased at each step by three and a quarter percent (3.25%). An increment step increase will be granted to employees who are eligible to move on the schedule. (See Attachment #2 - Classified Salary Schedule for 2005-06.)

27.6 Beginning July 1, 2006, and continuing through June 30, 2007, the 2005-06 salary schedule will be increased at each step by one percent (1 %). An increment step increase will be granted to employees who are eligible to move on the schedule. (See Attachment #3 - Classified Salary Schedule for 2006-07.)

27.7 The agreement will be opened for salary only for period of July 1, 2007 through June 30, 2008.

SALARY REGULATIONS

1.0 Annual Incentive Salaries:

1.1 Add $450.00 per year for graveyard-shift custodians. Add $250.00 per year for swing-shift

custodians.

1.2 Add $100 per month (12 months per year) for high school and middle school head custodians.

1.3 Add $100 per month (9 months per year) for high school and middle school head cooks.

1.4 Add $45.00 per month (9 months per year) for head and assistant cooks, and cook helpers who regularly work five (5) hours or more daily.

2.0 Paid Holidays:

9-10 Month Emplovee - Regular full-time or regular part-time employees shall be granted eight (8) or nine* (9) holidays paid equal to the number of daily hours regularly scheduled for work. The specified holidays are:

2.1 Veteran's Day

2.2 Thanksgiving Day

2.3 Day following Thanksgiving Day

2.4 Christmas Day

2.5 New Year's Day

2.6 Martin Luther King Day

2.7 President's Day

2.8 Memorial Day

2.9 *Labor Day - If Labor Day falls within the scheduled work year of any 9-1 0 month employees, it will

also be considered as a paid holiday for those individuals.

12 Month Emolovees - Regular full-time or regular part-time employees shall be granted eleven (11) holidays paid equal to the number of daily hours regularly scheduled for work. The specified holidays are in addition to the holidays listed above:

2.10 Independence Day

2.11 Day prior to or following Christmas Day

If Christmas Day, New Year's Day, or the day prior to or after Christmas Day falls on a weekend, the next workday or days shall be taken.

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3.0	Paid Vacations
Years of Service	1		2	3	4	5		6	7	8	9	10	\I	12	13	14	15	16	17	18	19	20
12 Month Employee		10	10	10	10	10		\I	12	13	14	15	16	17	18	19	20	25	25	25	25	25
9-10 Month
Employee Hired	5		5	5	5	5	I	6	7	8	9	10	\I	12	13	14	15	16	17	18	19	20
Before 7-1-1 981
9-10 Month
Employee Hired After		1	2	3	4	5	I	6	7	8	9	10	11	12	13	14	15	15	15	15	15	15
6-30-1981 But 8efore
7-1-2003
									Number of Paid Vacation Days

3.1 Vacation time accrued by the12 month employees shall be scheduled by the Superintendent or

his designee.

3.2 Vacation time shall be compensated for at the end of the year for less than twelve (12) month

employees hired prior to July 1, 2003.

3.3 Vacation days for new twelve (12) month employees shall be awarded in the current fiscal year at

the rate of .83 days per month from the date of hire; however no vacation days may be used during the probationary employment period.

3.4 Nine (9) and ten (10) month employees hired on or after July 1, 2003, shall not receive a paid

vacation benefit.

4.0 Total Yearly Pay:

4.1 Hourly rate times number of daily hours times total days per year (workdays plus paid holidays

plus paid vacation days = total days per year).

4.2 Hours per day for each position shall be assigned by the District Superintendent.

5.0 Personnel will be placed on the salary schedule by the District Superintendent.

6.0 For District-sponsored extra-curricular bus trips, the regular bus driver pay scale will be used. When trips require overnight stays, driving time and activity time will be paid at the driver's regular hourly rate of pay. Lodging and meals for bus drivers will be paid by the District.

7.0 Workina Out of Classification: When an employee temporarily substitutes fewer than ten (10) days for another employee in a higher paying job classification, the substituting employee will be paid at the rate for the higher classification, based on the substitute's current step on the salary schedule.

7.1 When an employee temporarily replaces another employee in a higher paying job classification for'

ten (10) or more days or it is known that the assignment will exceed ten (10) days, the replacement employee will be paid on the higher salary range at the lowest step which will provide an increase of at least one average step based on his/her current placement.

7.1.2 An employee who accepts a temporary position working out of classification with the District, at a higher rate of pay per 7.1 above, shall not have his/her salary reduced ifthe position becomes permanent, but shall not receive an additional promotion step as described in Article 23.4.

8.0 The salary increment step will be granted automatically at the beginning of each fiscal year.

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9.0 Those employees whose regular assignment is less than twenty (20) hours per week shall receive an additional 6% of their salary per month to offset the PERS pick-up. This extra compensation will begin in the seventh month of employment. This paragraph does not apply to individuals who are receiving PERS benefits.

10.0 Asbestos Program

10.1 The District shall provide annual medical examinations for asbestos workers.

10.2 The District shall provide to asbestos workers, an additional premium pay of $16.00 per hour for actual hours of asbestos work as recorded on the log.

10.3 When it becomes necessary to suit up in protective clothing and respirator to enter an area with the Permissible Exposure Limit (PEL) higher than OSHA's established limit of .2 flee, or when working in an area where the PEL could be raised above the legal limit due to disturbing asbestos while working and the donning of protective clothing and respirator is required, the payment of the additional premium pay will be authorized.

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SIGNATURES OF AGREEMENT

FOR OREGON SCHOOL EMPLOYEES ASSOCIATION Madras Chapter 54

-~-------~------------

FOR JEFFERSON COUNTY SCHOOL DISTRICT 509-) Board of Directors

.2b.-~j~ ___________ _

// ~ ~~ ~--------

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						Attachment #1
			CLASSIFIED SALARY SCHEDULE FOR 2004-2005
A. The District will pay employee retirement contributions to Public Employees Retirement System (PERS pick-up).
B.	Schedule:	3.00% increase over the 2003-2004 schedule.
C. In effect July 1,2005 through December 15,2005.
			STEPS
JOB CLASSIFICATIONS			1	2	3	4	I	5	6	7	8	I	9	10	11
Home/School Consultant,
& Community Liaison			16.91	17.33	17.80	18.23118.76			19.19	19.62	20.08120.52			20.97	21.41
Electronics Technician			16.48	16.92	17.33	17.7918.18			18.61	19.11	19.49 19.89			20.29	20.68
Mechanic, Tech Asst,
& Network Specialist			15.58	16.04	16.48	16.92117.33			17.79	18.18	18.61 119.11			19.49	19.92
Maintenance II			15.26	15.65	16.18	16.62 17.07			17.54	17.97	18.43 18.87			19.31	19.75
Driver Trainer & Adventure
Course Facilitator			14.49	14.82	15.32	15.76		16.23	16.60	17.01	17.331^17.^88			18.33	18.79
Accounting Clerk I			13.87	14.23	14.72	15.15		15.64	16.00	16.42	16.73 17.29			17.74	18.19
Maintenance I &
Head Custodian			13.61	14.04	14.48	14.82 I 15.32			15.76	16.20	16.60 I 17.05			17.46	17.90
Asst Custodian
	(hired prior to 11-12-97)		13.09	13.55	13.98	14.42		14.80	15.29	15.74	16.19116.60			17.05	17.46
Bus Driver			12.79	13.15	13.65	14.08		14.32	15.03	15.44	15.86 16.30			16.78	17.18
SH Stu Afrs Bkpr, Migrant
or Homeless Stu Recruiter,
& Secretary II			12.43	12.89	13.33	13.74114.17			14.62	15.07	15.46 , 15.90			16.33	16.77
Assistant Custodian
	(hired on/after 11-12-97)		11.95	12.38	12.79	13.24		13.66	14.12	14.54	14.96		15.40	15.82	16.25
Head Cook			11.22	11.70	12.16	12.54		12.98	13.41	13.84	14.30		14.73	15.16	15.58
Department Secretary			10.94	11.29	11.64	12.00		12.36	12.79	13.15	13.53		13.87	14.23	14.60
Instructional Assistant &
Warehouse/Maint Helper			9.93	10.19	10.48	10.80		11.14	11.44	11.65	12.01		12.31	12.57	12.86
Assistant Cook			9.71	9.99	10.31	10.58		10.91	11.17	11.47	11.78		12.03	12.33	12.68
Cooks Helper,
Transp Svcs Helper,
& Maint Svcs Hel er			9.14	9.46	9.71	9.99		10.31	10.58	10.93	11.22		11.49	11.83	12.14
			1	2	3	4		5	6	7	8		9	10	11
															r

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					Attachment #2
		CLASSIFIED SALARY SCHEDULE FOR 2005-2006
A. The District will pay employee retirement contributions to Public Employees Retirement System (PERS pick-up).
B.	This schedule is in effect December 16, 2005 through June 30, 2006
C.	Schedule: 3.25% increase over the 2004-2005schedule.
		STEPS
JOB CLASSIFICATIONS		1	2	3	4	5	6	7	8	9	10	11
Network Administrator		22.50	22.96	23.43	23.89124.36		24.82	25.29	25.75 126.22		26.68	27.14
Network Specialist		18.24	18.71	1 ~.17	19.64 20.10		20.57	21.03	21.50 21.96		22.43	22.89
Community Liaison		17.46	17.89	18.38	18.82 I 19.37		19.81	20.26	20.73 I 21.19		21.65	22.11
Mechanic, Tech Asst,
Technology Assist.		16.09	16.56	17.02	17.47 I 17.89		18.37	18.77	19.21119.73		20.12	20.57
Maintenance II		15.76	16.16	16.71	17.16117.62		18.11	18.55	1 9.03 /1 9.48		19.94	20.39
Driver Trainer & Adventure
Course Facilitator		14.96	15.30	15.82	16.27116.76		17.14	17.56	1 7.8911 8.46		18.93	19.40
Accounting Clerk I		14.32	14.69	15.20	15.64 16.15		16.52	16.95	17.27 17.85		18.32	18.78
Maintenance I &
Head Custodian		14.05	14.50	14.95	15.30 115.82		16.27	16.73	17.14/17.60		18.03	18.48
Asst Custodian
(hired prior to 11-12-97)
SLP Assistant		13.52	13.99	14.43	14.89	15.28	15.79	16.25	16.72	17.14	17.60	18.03
Bus Driver		13.21	13.58	14.09	14.54	14.79	15.52	15.94	16.38	16.83	17.33	17.74
SH Stu Afrs Bkpr, Migrant
Recruiter, Homeless Stu Recruiter,
& Secretary II		12.83	13.31	13.76	14.19 I 14.63		15.10	15.56	15.96 I 16.42		16.86	17.32
Assistant Custodian,
(hired on/after 11-12-97)
Head Cook		12.34	12.78	13.21	13.67114.10		14.58	15.01	15.451^15.^90		16.33	16.78
Department Secretary
Warehouse/Maint.		11.30	11.66	12.02	12.39 I 12.76		13.21	13.58	13.97 I 14.32		14.69	15.07
Instructional Assistant II		10.69	11.07	11.45	11.83 I 12.21		12.60	12.98	13.36 I 13.74		14.12	14.51
Assistant Cooks, Satellite
Cooks, And Snack Bar Cooks
Instructional Assistant I &I
Food Service Delivery		10.25	10.52	10.82	11.1 5 I 11. 50		11.81	12.03	12.401 12.71		12.98	13.28
Cooks Helper		10.03	10.31	10.65	10.92 I 11.26		11.53	11.84	12.16 I 12.42		12.73	13.09
Transp Svcs Helper,
&I Maint Svcs Heloer		9.44	9.77	10.03	10.31	10.65	10.92	11.29	11.58	11.86	12.21	12-.53
		1	2	3	4	5	6	7	8	9	10	11

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					Attachment #3
		CLASSIFIED SALARY SCHEDULE FOR 2006-2007
D. The District will pay employee retirement contributions to Public Employees Retirement System (PERS pick-up).
E.	This schedule is in effect July 1, 2006 through June 30, 2007
F.	Schedule: 1 % increase over the 2005-2006 schedule.
		STEPS
JOB CLASSIFICATIONS		1	2	3	4	5	6	7	8	9	10	11
Network Administrator		22.73	23.19	23.66	24.13124.60		25.07	25.54	26.01 126.48		26.95	27.41
Network Specialist		18.42	18.90	19.36	19.84 20.30		20.78	21.24	21.72 22.18		22.65	23.12
Community Liaison		17.63	18.07	18.56	19.01 I 19.56		20.01	20.46	20.94 I 21.40		21.87	22.33
Mechanic, Tech Asst,
Technology Assist.		16.25	16.73	17.19	17.64	18.07	18.55	18.96	19.40 I 19.93		20.32	20.78
Maintenance II		15.92	16.32	16.88	17.33	17.80	18.29	18.74	19.221^19.^67		20.14	20.59
Driver Trainer & Adventure
Course Facilitator		1 5.11	15.45	15.98	16.431^16.^93		17.31	17.74	18.07118.64		19.12	19.59
Accounting Clerk I		14.46	14.84	15.35	15.80 16.31		16.69	17.12	17.44 18.03		18.50	18.97
Maintenance I &
Head Custodian		14.19	14.65	15.10	15.451^15.^98		16.43	16.90	17.31 117.78		18.21	18.66
Asst Custodian
(hired prior to 11-12-97)
SLP Assistant		13.66	14.13	14.57	15.04	15.43	15.95	16.41	16.89	17.31	17.78	18.21
Bus Driver		13.34	13.72	14.23	14.69	14.94	15.68	16.10	16.54	17.00	17.50	17.92
SH Stu Afrs Bkpr, Migrant
Recruiter, Homeless Stu Recruiter,
& Secretary II		12.96	13.44	13.90	14.33 I 14.78		15.25	15.72	16.12 I 16.58		17.03	17.49
Assistant Custodian,
(hired on/after 11-12-97)
Head Cook		12.46	12.91	13.34	13.81 114.24		14.73	15.16	1 5.60 /16.06		16.49	16.95
Department Secretary
WarehQuse/Maint.		11.41	11. 78	12.14	12.51 I 12.89		13.34	13.72	14.11 I 1 4.46		14.84	15.22
Instructional Assistant II		10.80	11.18	11.56	11.95 I 12.33		12.73	13.11	13.49 I 13.88		14.26	14.66
Assistant Cooks, Satellite
Cooks, And Snack Bar Cooks
Instructional Assistant I &
Food Service Delivery