Collective Bargaining Agreement Table of Contents ARTICLE 2 – DEFINITIONS ...................................................................................................................................................................................2 ARTICLE 3 - AGREEMENT CONTROLS .............................................................................................................................................................3 ARTICLE 4 - NEGOTIATIONS PROCEDURES ..................................................................................................................................................3 ARTICLE 5 – COMMITTEES ..................................................................................................................................................................................4 ARTICLE 6 -AGREEMENT AVAILABILITY ..........................................................................................................................................................5 ARTICLE 7 - UNION RIGHTS ................................................................................................................................................................................6 ARTICLE 8- DISCIPLINARY ACTION AND EMPLOYEE RIGHTS ..................................................................................................................8 ARTICLE 9 - MANAGEMENT RIGHTS...............................................................................................................................................................10 ARTICLE 10 - GRIEVANCE PROCEDURE .......................................................................................................................................................10 ARTICLE 11- DISCRIMINATION .........................................................................................................................................................................14 ARTICLE 12 -- EMPLOYMENT PROCEDURES ...............................................................................................................................................14 ARTICLE 13 – VACANCIES, ASSIGNMEMTS, and TRANSFERS................................................................................................................15 ARTICLE 14 - WORK YEAR.................................................................................................................................................................................17 ARTICLE 15 - DUTY DAY .....................................................................................................................................................................................17 ARTICLE 16 – PROCEDURES FOR TEACHER ABSENCE...........................................................................................................................19 ARTICLE 17 - ACADEMIC FREEDOM/STAFF RESPONSIBLITIES .............................................................................................................19 ARTICLE 18- COLLABORATION AND PLANNING/PREPARATION TIME..................................................................................................19 ARTICLE 19 - JOB DESCRIPTIONS...................................................................................................................................................................20 ARTICLE 20 - CLASS SIZE LOADS....................................................................................................................................................................21 ARTICLE 21 - TEACHING/WORKING ENVIRONMENT..................................................................................................................................21 ARTICLE 22 - INSTRUCTION AND PROFESSIONAL DEVELOPMENT......................................................................................................21 ARTICLE 23 – EVALUATIONS ............................................................................................................................................................................22 ARTICLE 24 - STUDENT DISCIPLINE ...............................................................................................................................................................23 ARTICLE 25-PERSONNEL FILE .........................................................................................................................................................................24 ARTICLE 26 - SPECIAL EDUCATION ................................................................................................................................................................25 ARTICLE 27 – SENIORITY...................................................................................................................................................................................25 ARTICLE 28 - REDUCTION IN FORCE .............................................................................................................................................................26 ARTICLE 29 - LEAVE PROVISIONS...................................................................................................................................................................27 ARTICLE 30 - SICK LEAVE BANK ......................................................................................................................................................................30 ARTICLE 31 – BENEFITS.....................................................................................................................................................................................33 ARTICLE 32 - SALARY PROCEDURES ............................................................................................................................................................34 ARTICLE 33 - SALARIES......................................................................................................................................................................................34 ARTICLE 34 - HEALTH AND SAFETY ...............................................................................................................................................................35 ARTICLE 35 - SEVERABILITY.............................................................................................................................................................................35 ARTICLE 36 - AGREEMENT DURATION ..........................................................................................................................................................35 ARTICLE 37 - COMPLETE AGREEMENT .........................................................................................................................................................36 ARTICLE 38 - SIGNATURES ...............................................................................................................................................................................36
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ARTICLE 1- RECOGNITION/AGREEMENT The parties desire to maintain a professional collective bargaining relationship so as to provide the best opportunity for Socorro Consolidated Schools to succeed in its educational mission. This unique agreement is entered into by the Board of Education of the Socorro Consolidated School District and the Socorro School Employees' Association, Local #3878 for all certified employees of the District in the position of Teacher, Head Teacher (to exclude head Teachers at San Antonio Elementary, Midway Elementary and the Pre-school), Counselor, Librarian,
Nurse,
and
employees
of
the
District
in
the
position
of
Diagnostician,
Speech/Language Pathologist, and Occupational Therapist, excluding supervisory employees, confidential employees and managerial employees, in the expectation the Agreement will help Socorro Consolidated Schools grow and thrive, to the benefit of the entire Socorro school's community. The Board of Education shall herein be referred to as "the Board" and the Socorro School Employees' Association shall herein be referred to as the "SSEA" or the "Union." The Socorro Consolidated School District shall herein be referred to as the “District”. The District recognizes SSEA Local #3878 as the certified and exclusive representative and therefore the sole bargaining agent for the terms and conditions of employment for the bargaining unit as defined in Article 2. This agreement shall become effective upon the signatures of the parties following ratification by the Union and the approval of the School Board. ARTICLE 2 – DEFINITIONS Unless otherwise specifically defined elsewhere in this Agreement, the following definitions shall be applicable throughout the Agreement. A.. "Bargaining Unit" shall mean all certified employees of the District in the position of Teacher, Head Teacher (to exclude Head Teachers at San Antonio Elementary, Midway Elementary and the Pre-school), Counselor, Librarian, Nurse, and employees of the District in the position of Diagnostician, Speech/Language Pathologist, and Occupational Therapist, excluding supervisory employees, confidential employees and managerial employees. B. "Board" shall mean the Socorro Consolidated School District Board of Education. C. "Days" shall mean days that the District Administrative Offices are open for business. D. "District" shall mean the Socorro Consolidated School District.
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E. "Employee" shall mean an employee within this bargaining unit for which the Socorro School Employees' Association has been recognized as exclusive representative. F. "Union" shall mean the Socorro School Employees' Association. G."Superintendent" shall mean the chief executive officer of the Socorro Consolidated School District. H. "Certified" shall mean all licensed/certified bargaining unit employees. I. "Qualified" shall mean qualifications listed on the job posting. J. "Vacancy" shall mean a position which is unfilled that the District decides to fill. K. "Demotion" means reassigning an employee from his/her currently held job title to a job title with a lower rate of pay with a commensurate pay reduction for the employee. L. "Duty Day" means all time between the start and end of the contracted work day for an employee, which shall not include the employees' thirty (30) minute, duty-free lunch. M. "Emergency" means a crisis that was unforeseen and unavoidable. N. "UMC" shall mean the Union/Management Committee. O. “ASC” shall mean the Advisory School Council. ARTICLE 3 - AGREEMENT CONTROLS A.
If any District policy, regulation, or directive is in conflict with any provision of this
Agreement, the Agreement provision will control. B.
The parties, by mutual written agreement, may modify this Agreement.
C.
The District will not implement any change that is in conflict with this Agreement,
unless mandated by state or federal requirements. In the event of state or federally required change, the parties will meet to discuss alternative language in accordance with Article 35 of this Agreement. Such discussions shall in no way delay or interfere with the District’s right to implement the State or Federal mandates. D.
Unless otherwise specifically stated herein, the provisions, conditions, and
requirements of this Agreement shall apply to all employees in the bargaining Unit. ARTICLE 4 - NEGOTIATIONS PROCEDURES A.
Negotiations for a successor agreement may be initiated by either party by
submitting a written notice to the opposite party requesting the commencement of negotiations by between February 1 and March 1 of the year that the contract expires. The parties shall begin negotiations no later than thirty (30) calendar days after the
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receipt of the written request for bargaining or at a date mutually agreed to by the parties. B.
Negotiations will be conducted in closed session.
C.
Additional ground rules may be negotiated by the parties.
D.
During negotiations, the parties shall meet at mutually acceptable times and
places. E.
All agreements reached by the parties shall be initialed as tentative agreements.
Complete agreement on negotiations is accomplished when the Union ratifies, the School Board approves, and the parties sign the Agreement. F.
Should either party present its last best offer the other party shall present its last
best offer within 48 hours.
If an impasse occurs, either party may request that a
mediator be assigned to the negotiations unless the parties can agree on a mediator. A mediator with the Federal Mediation and Conciliation Service (FMCS) shall be assigned to assist negotiations unless the parties agree to another mediator; G.
If the impasse continues after a thirty-day mediation period, either party may
request a list of seven arbitrators from the Federal Mediation and Conciliation Service. One arbitrator shall be chosen by the parties by alternately striking names from such list. Who strikes first shall be determined by a coin toss. H.
The arbitrator shall render a final, binding, written decision resolving unresolved
issues pursuant to Section 15.C.(2) of the District’s Local Labor Management Relations Resolution, Section 10-7E-17E of the Public Employee Bargaining Act and the Uniform Arbitration Act.
I.
The arbitrator's decision shall be limited to a selection of one of the two parties
complete last best offer. J.
The costs of an arbitrator and the arbitrator's related costs conducted pursuant to
this subsection shall be shared equally by the parties. Each party shall be responsible for bearing the cost of presenting its case. The decision shall be subject to judicial review pursuant to the standard set forth in the Uniform Arbitration Act. ARTICLE 5 – COMMITTEES A.
Union/Management Committee The Union Management Committee (UMC) shall be composed of three (3) employees
appointed by the Union and three (3) non bargaining unit employees appointed by the Superintendent. The UMC will discuss problems and concerns related to the implementation,
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application, administration of this Agreement, and other issues mutually agreed upon. The UMC will meet on an as needed basis at a time and place mutually agreed to by the parties. The parties are committed to attempting to resolve issues related to the contract as quickly as possible and with a good faith effort. 1. Issues may be brought to the UMC by the executive committee of the Union or by the Superintendent/designee. 2. Either party may bring specific experts to provide information regarding issues before the UMC. 3. Either party may request to meet and discuss concerns regarding the evaluation process. B.
The Advisory School Council exists to assist the school principals with school-based
decision making and to involve parents in their children’s education.
School council
membership shall reflect an equitable balance between school employees, parents and community members.
At least one community member shall represent the business
community, if such person is available. The principal shall be an active member of the School Council and shall serve as chairman. The Union President may appoint one bargaining unit employee to serve on the Advisory School Council. C.
The Advisory School Council shall: a.
work with the school principal and provide input, consistent with state and school
district rules and policies, on policies relating to instructional issues, curricula, and student achievement; b.
develop creative ways to involve parents in the schools;
c.
where appropriate, coordinate with existing work force development boards or
vocational education advisory councils to connect students and academic programs to business resources and opportunities; and d.
serve as the champion for students in building community support for schools
and encouraging greater community participation in the public schools. ARTICLE 6 -AGREEMENT AVAILABILITY The District and the SSEA will post the contract on their respective websites. Union Representatives will be permitted to distribute copies to employees at each worksite during nonduty time. Distribution of the CBA will also be allowed at least one day during orientation normally to occur as other vendors.
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Each party will be provided with a hand-executed copy of the Agreement. Management is responsible for reproducing, distributing, and explaining the Agreement to the management staff. The Union is responsible for reproducing, distributing, and explaining the Agreement to the bargaining unit employees. ARTICLE 7 - UNION RIGHTS The following provisions shall be granted exclusively to the SSEA and shall not be granted to any other labor organization. A.
Payroll Deduction 1.
The District agrees to deduct dues from the salary of any employee who requests
such deduction on a form authorized by the Union. The deduction shall be made from the employee’s paycheck for each pay period. 2.
Voluntary authorization forms with the employee’s signature may be submitted to
the District Finance Office by the Union at any time, and the deductions will normally commence on the next full pay period. 3.
The monies deducted shall be transmitted via electronic funds transfer to the
SSEA normally within three (3) working days following each pay date for which deductions were made. 4.
Employee deduction authorizations shall be continuous and not subject to
periodic reauthorization.
Deductions may be terminated by the employee. The
employee shall notify the Union and the District, in writing, of his/her intent to terminate deductions. The District shall terminate deductions for an employee’s SSEA dues upon receipt of written notice from the employee at least fourteen (14) days prior to the desired effective date of the termination of deduction. 5.
The SSEA and its parent organizations agree to indemnify, defend, and hold the
District harmless for any claims arising from the District’s compliance with the provisions of Section A of this Article. 6.
The amount of deductions shall be certified in writing by the SSEA President or
Designee, and shall not include special assessments, penalties or fines of any type. 7.
The District will provide the Union with a list of each employee’s dues deductions
for each pay period. B.
Communication Rights
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1.
Site representatives of the SSEA shall be permitted to use all forms of internal
communication with employees. This includes communication boxes at the sites and public address systems. All such communications require the prior approval of the administration. 2.
The SSEA shall be permitted to use the public address system at District
worksites at the beginning or end of the school day for brief announcements. Such announcements must be approved by the site supervisor. 3.
The SSEA building representative(s) at each worksite and SSEA officials, and/or
union representatives who are not District employees have the right to address with the worksite supervisor on all matters pertaining, to the administration of this agreement, applicable laws and regulations, and working conditions provided the activities do not occur during the duty day unless otherwise mutually agreed upon by the parties. 4.
The District will make information available to the Union. Such information will be
provided within a reasonable time and will include but not be limited to the following: a.
A copy of the Board Meeting Agenda, minutes, and press packet will be
made available to the SSEA when it is available for distribution to the press. b.
Changes and amendments to District policies and procedures, considered
by the District, will be made available by e-mail to the SSEA President prior to approval by the School Board. 5.
The District shall make available space at each worksite for a Union bulletin
board for SSEA’s use. In buildings with a teacher’s lounge, the boards will be posted in the teacher’s lounge. In buildings that do not have a teacher’s lounge, the boards will be located where information for staff is usually posted. The size and style of the Union bulletin boards are subject to the approval of the District. Information posted on Union bulletin boards shall not include political, anti-management, anti-District, or other derogatory information. 6.
The SSEA will be permitted to use meeting areas in District buildings in
accordance with the District's building use policy. These meetings shall not occur during employees’ duty time unless otherwise agreed upon by the parties. 7.
The SSEA shall be able to conduct worksite meetings that do not interfere with
the employee's duty time unless otherwise mutually agreed to by the parties. Such meetings are subject to the written approval of the principal or supervisor at the site. C.
Representation
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1.
The SSEA building representative(s) and/or designee(s) have the right to
conduct SSEA business related to a grievance or other representation on non-duty time. When SSEA officials designate another District employee to conduct SSEA business related to a grievance or other representation the building principal or supervisor shall be notified in writing. 2.
SSEA officials and/or union representatives who are not District employees have
the right to visit worksites for the purpose of conducting representational business. All union business will be conducted outside of the employee’s work day. The official/representative(s) will make appointments in advance. Additionally, the worksite supervisor reserves the right to require an appointment for any representational meeting that involves meetings with management. The notice requirements contained herein do not apply to visits to the District Office, prescheduled meetings, meetings before or after the full-time duty day, or brief visits for the purpose of such things as delivering materials which will be placed in the employee’s mailbox. The official or representative will check into the office when he/she arrives at the worksite to register as a visitor and obtain a visitor's pass using the process agreed to by SSEA and the District on May 30, 2007 included in the appendices of this agreement. D.
Release Time 1.
If requested by the President of the SSEA and approved by the Superintendent,
the District will grant the President of the SSEA leave without pay during his/her term of office provided such request is filed with the Superintendent by February 15 for the following school year. The request must be made prior to the end of the school year for the following year. Upon return from such leave, the President shall be placed on the appropriate salary schedule in accordance with Article 34. 2.
Other SSEA officers and/or representatives will be granted up to a collective total
of twenty (20) days release time per year without pay to conduct SSEA business. All such release time is subject to the approval in advance by the superintendent. ARTICLE 8- DISCIPLINARY ACTION AND EMPLOYEE RIGHTS A.
Disciplinary actions such as written warnings and written reprimands, reductions
in rank, demotions, and suspensions shall be subject to the just cause grievance procedure of this Agreement. B.
When an employee is to be discharged or terminated, such discharge or
termination will be done in accordance with State law.
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C.
An employee may be accompanied by a SSEA representative or other
representative at any meeting with a supervisor or District official when any disciplinary action is planned, reasonably foreseen, or arises. D.
To the extent possible, any criticism concerning the performance or behavior of
an employee or an administrator will be made in private, and not in the presence of students, parents, other District employees, or members of the public. Both parties may have a witness present. E.
The District has the right to investigate all allegations of employee misconduct.
An employee may be placed on paid administrative leave during an investigation involving the employee. In conjunction with being placed on such leave, the employee will be informed of the general basis for the investigation. 1. Normally, investigations shall not last for more than ten (10) work days. If the investigation is going to extend beyond the ten (10) working days the employee will be provided written notice of the extension. 2. While on paid administrative leave, the employee shall provide the District with a current, accessible phone number for the District to contact the employee. 3. Once the employee has been placed on administrative paid leave the employee must be available during his/her normal work day for any scheduled meetings or hearings regarding the issue under investigation and will be given an opportunity to obtain local union representation. 4.
During an employee investigation, no documentation related to the matter under investigation will be placed in the employee's official personnel file until the investigation is completed. If the investigation does not substantiate misconduct the investigation record shall not be placed in the personnel file. Such investigation records will be kept in a separate investigative file and may be used if pertinent to any future similar misconduct.
F.
Prior to disciplinary action, other than a verbal warning, being taken against an
employee the employee will be notified of the charges and the contemplated action against him/her and will be scheduled for a meeting no earlier than three days from date of notification of charges during which time the employee may obtain representation. The purpose of the meeting is to afford the employee the opportunity to respond to the charges against him/her.
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ARTICLE 9 - MANAGEMENT RIGHTS Unless limited by the provisions of this Agreement or by other statutory provision, the District may: A.
Direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or
terminate bargaining unit employees; B.
Determine qualifications for employment and the nature and content of personnel
examinations; C.
Take actions as may be necessary to carry out the mission of the District in
emergencies; and D.
Retains all rights not specifically limited by this Agreement, the District’s Local
Labor Management Relations Resolution, or the PEBA whichever is applicable.
ARTICLE 10 - GRIEVANCE PROCEDURE A.
Purpose The purpose of this grievance procedure is to attempt to secure, at the lowest possible
administrative level, equitable resolutions to problems which may arise during the life of this Agreement. B.
Definitions 1.
A "grievance" shall be defined as an allegation of a violation, misapplication or
misinterpretation of this agreement. 2.
A "grievant" shall be any employee, group of employees, the District or the
Union. 3.
A "party in interest" shall mean any witness to a grievance hearing, a person
against whom an action may be taken, or a person who may be impacted as a result of any action taken to resolve a grievance 4.
"Days" for the purposes of time limits within this grievance procedure shall mean
days that the District Central Office is open for business. C.
Procedure 1.
Grievance proceedings shall be kept informal and confidential at all levels of this
procedure.
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2.
The number of days indicated at each level of this procedure shall be considered
maximum and efforts shall be made to expedite the process. 3.
If the District fails to comply with the time limits, as set forth under any of the
procedure levels, the grievance shall be considered automatically appealed to the next level of the procedure. 4.
If the grievant fails to comply with the grievant's time limit requirements as set
forth under any of the procedure levels, the grievance shall be considered null and void 5.
The time limits set forth herein may be extended provided the extension has
been mutually agreed upon in writing by the parties. 6.
No reprisal or retaliation by any party to the grievance shall be taken against any
party in interest, including witnesses, as a result of participation by the party in the proceeding of a grievance. 7.
A grievant and the party charged may be accompanied and represented at
any hearing or meeting conducted under this procedure. 8.
An employee, acting individually; may present a grievance without the
intervention of the Union provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance related to this Agreement, brought individually by an employee, the Union as a party to the Agreement will be afforded the opportunity to be present and present its views. Any adjustments made shall be consistent with the provisions of this Agreement. The Union will be advised of any resolution and/or adjustment. 9.
If, in the judgment of the Union, a grievance affects a group or class of
employees, the Union may submit such grievance in writing to the superintendent directly and the processing of such grievance shall be commenced at Level Two. 10.
The parties shall cooperate in the investigation of a grievance and promptly
furnish information or documents requested by the other's party in order to process the grievance. 11.
Records of the grievance shall be kept in a file separate from the employee's
personnel file. 12.
All grievances and grievance responses shall be filed and processed as per this
Agreement. 13.
All processing of grievances by the Union, Union representatives or the grievant
shall be conducted during non-duty time. 14.
The written grievance shall include;
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1) The name of the grievant and title of the position held by the grievant; 2) The name of the employee against whom the grievance is being filed; 3) The section and specific language in the agreement that is alleged to have been violated; 4) A concise description of the alleged violation; 5) A description of the proposed resolution, “to be made whole” is not acceptable; 6) The grievance shall be signed and dated by the grievant(s) and when appropriate by the union representative. 16.
LEVEL 1- IMMEDIATE SUPERVISOR A Union representative or an employee choosing to self-represent shall first meet with the employee’s immediate supervisor. The two parties shall attempt to resolve the dispute informally. If the issue is not resolved informally within ten (10) days of when the grievant knew or reasonably should have known of the action that precipitated the grievance the employee may file a formal written grievance with the Superintendent.
17.
LEVEL 2 - SUPERINTENDENT The formal written grievance shall be filed with the Superintendent within fifteen (15) days after the grievant knew or reasonably should have known of the action that precipitated the grievance. It is recognized by the parties that the grievance at this level will be handled by the superintendent or his designee. The parties shall meet at a mutually acceptable time and place and attempt to resolve the issue. A grievance may be filed at the Superintendent level if it involves a decision that applies to more than one work site or if a supervisor indicates to the grievant or Union representative that s/he has no authority to resolve the grievance. If a grievance arising from action or inaction on the part of a member of the administration at a level above the principal or immediate superior, the grievance will be submitted, in writing, to the Superintendent and the processing of such grievance will be commenced at the Superintendent level. If the grievance is not
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resolved within twenty (20) days at the superintendent’s level, for whatever reason, the grievance may be appealed to arbitration. 18.
LEVEL 3 - ARBITRATION a.
If the grievance is not resolved at the Superintendent’s level the Union
may submit the grievance to arbitration. b.
Such request shall be submitted in writing to the Superintendent not later
than fifteen (15) days following the date of the filing of the written formal grievance with the Superintendent. c.
The arbitrator shall be selected from a list of seven (7) arbitrators
requested from the Federal Mediation and Conciliation Service (FMCS). To select an arbitrator the parties shall toss a coin to determine who shall first strike a name from the list provided by the FMCS. Each party will alternately strike a name until one name remains. The selection of the arbitrator shall be accomplished by the parties within ten (10) days of receipt of the list from FMCS. d.
The arbitrator shall conduct a hearing as soon as possible. The arbitrator
shall give written notice of the date, time and place of the hearing, and such notice shall be sent to the Union and the District. e.
Each party has the right to be represented by counsel or a representative
at the hearing before the independent arbitrator. f.
Discovery shall be limited to depositions and requests for production of
documents on a time schedule to be established by the independent arbitrator. g.
The independent arbitrator may issue subpoenas for attendance of
witnesses and for the production of books, records, documents and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and enforced in the manner provided by law for the service and enforcement. The arbitration will be conducted in accordance with the New Mexico Uniform Arbitration Act. The independent arbitrator shall permit either party to call and examine witnesses, cross examine witnesses and introduce exhibits. The technical rules of evidence shall not apply but in ruling on the admissibility of evidence, the independent arbitrator shall require reasonable substantiation of statements or records tendered, the accuracy or truth of which shall be determined by the independent arbitrator.
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h.
The arbitrator's decision shall be in writing as soon as possible following
the hearing and shall include the decision, rationale, and, if appropriate, relief. The arbitrator shall not have the authority to add or subtract language from the agreement; the arbitrator is limited to the interpretation and application of the contract language. i.
The arbitrator's decision shall be final and binding on the parties subject
to appeal under provisions of the Uniform Arbitration Act. The arbitrator's fees and other costs charged by the arbitrator shall be shared equally by the parties as required by PEBA and the Local Labor Management Relations Resolution. All other expenses shall be paid by the party incurring the costs, including the cost of representation and witness fees. 19.
This is the only grievance procedure available to bargaining unit employees.
ARTICLE 11- DISCRIMINATION The parties shall not discriminate against employees and will abide by State and Federal anti-discrimination laws. The parties will not discriminate against bargaining unit employees in the administration or application of this Agreement.
ARTICLE 12 -- EMPLOYMENT PROCEDURES Employment A.
Employees will be notified of the District’s employment intent no later than the
fourteenth calendar day prior to the last day of the school year. B.
Upon initial employment with the district, the employee will be placed on the
appropriate salary schedule in accordance with District policy and any terms of this Agreement. C.
For purposes of experience credit on the salary schedule for instructional staff
partial years of experience (based on a school year calendar) will be awarded in accordance with the following schedule: 90 days or less taught in a school year = 0 credit 91 or more days taught in a school year = one (1) year credit D.
A maximum of twenty (20) years of experience will be credited for salary
placement of newly hired employees.
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E.
Employees will be compensated for additional education, experience, and level
of licensure in accordance with the approved salary schedules in Appendix A. F.
Employees will initially be placed on the lowest level of the salary schedule upon
hire. The employee placement on the salary schedule may be adjusted, and the adjustment will be retroactive. If an adjustment is appropriate the adjustment will be made once a verification of employment form is approved and official transcripts are received in the District’s Human Resource Office. G.
If the employee starts employment at the beginning of the school year, the
deadline for all verification of employment and official transcripts will be September 30th. If an employee is hired after the beginning of the school year, the deadline for all verification of employment and official transcripts will be 45 days after the employee’s start date. H.
Part-time employees shall be compensated on a pro rata basis of a full-time
employee. Compensation will be at the appropriate step as if the employee were employed full-time but at a lower pro-rated amount. Resignation A.
Certified employees who intend to resign employment from the District shall
provide a minimum of thirty (30) work days prior written notice of the intended effective date of resignation. By mutual agreement the employee and the District may agree in writing to less than thirty (30) day notice of resignation. B.
Any District action responding to a resignation notice shall be performed in
private. ARTICLE 13 – VACANCIES, ASSIGNMEMTS, and TRANSFERS VACANCIES A.
Vacancies for all bargaining unit positions that the District decides to fill shall be
posted on the District’s website and emailed to all employees. B.
Employees who wish to be considered for vacancies and/or openings may
submit a request for transfer via the District electronic application system. The employee must submit a separate application for each position. C.
Vacancy postings will contain specific identification of the vacant position, the
worksite where the vacancy exists, the position's major duties if appropriate, minimum license needed for the position, and the deadline date for submission of applications
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D.
Vacancies will be posted in-house and outside the District at the same time. The
vacancy will be filled with the best-qualified applicant based on what is in the best interest of the students as determined by the District. All things being equal the in-house applicant will be given preference. Positions filled after the school year begins will be appointments limited to the current school year and the position will be reposted and filled in the spring or summer of that year for the following year. All appointments of employees to regular positions are made by the Superintendent. E.
Employees who were interviewed and not chosen for an advertised vacant
position will be notified in writing, within a reasonable period after the hiring decision has been made, that they were not selected. F.
Employee may submit written requests for transfer at anytime. Nothing in this
Article shall prohibit the District from considering and making reassignments and transfers prior to advertising a vacant position.
Assignments and Transfers
A.
Assignments 1. Licensed employees will be assigned within the scope of their certification unless authorized to do otherwise by the Public Education Department. 2. Changes in assignments for licensed employees will be discussed with the affected employee prior to the change being implemented, if the change occurs once the year has begun. 3. Except in the case of emergency, employees will be notified in writing, of an anticipated assignment change no later than five (5) days prior to the effective date of the change. In the event of an emergency the employee will be notified as soon as possible. While efforts will be made to schedule 6th – 12th grade students to minimize course assignment changes, the 5-day written notification will not apply to class assignment changes to balance student loads at the beginning of each semester. 4. A change in assignment is defined as a reassignment within the same building(s).
B.
Employer Initiated Transfer 1. Transfers will be initiated by the District based on what is in the best interest of the students. Reasons for the initiation of transfers by the employer could include but are not limited to the following:
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a. To comply with federal or state requirements. b. When there are changes in certification requirements and/or instructional skills necessary for implementation or maintenance of programs. c. When there is a need to reduce staff as specified in Article 28. d. When there are distinct differences in pupil/teacher ratios at school sites and there is a need to more appropriately balance those. 2. Efforts will be made to accomplish needed adjustments through a voluntary process. 3. As determined by the District, all things being equal, seniority will be used to break a tie with the least senior being subject to the transfer. 4. When possible, and when the employees’ desires and needs are consistent with the District’s assessment of what is in the best interest of the students, the employees’ needs and desires will be considered. 5. Prior to the effective dates of the employer initiated transfer the receiving principal/supervisor will meet and discuss the actual process and timing of the transfer with the affected employees. The affected employees may have a Union representative present at such meeting. 6. Except in the case of emergency, the transferee will be provided a minimum of five (5) days written notice prior to assuming the new assignment. 7. In circumstances involving multiple simultaneous employer transfers, the District may request the Union’s input in order to facilitate the process. ARTICLE 14 - WORK YEAR Certified Employees' Work Year for the Term of this Agreement. The work year for certified employees will be one hundred eighty-five (185) days and will be structured according to Appendix B (School Calendar). Certified salaried employees assigned additional workdays shall be compensated at the daily rate of pay (i.e., salary/185). ARTICLE 15 - DUTY DAY A.
The normal duty day for secondary certified employees shall be 7.5 hours, which
includes thirty (30) minute duty free lunch, fifteen (15) minutes before school and fifteen (15) minutes after school.
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B.
The normal duty day for elementary certified employees shall be seven point five
(7.5) hours, which includes an uninterrupted 30 minute duty free lunch, thirty (30) minutes before school, and thirty (30) minutes after school. C.
Staff meetings shall be scheduled with reasonable notice (at the minimum one
day) to the affected employees, except in emergency situations. Staff meetings scheduled prior to the commencement of the instructional day shall be concluded early enough to provide a reasonable amount of time for employees to arrive at their assigned areas to supervise students. Staff meetings, which begin after the conclusion of the instructional day, shall commence at a time which allows a reasonable amount of time for the employees to conclude student supervisory responsibilities. No more than three (3) hours per month shall be utilized for staff meetings. D.
Other meetings for professional development, committees or parent teacher
conferences will not exceed three (3) hours outside the normal duty day each month. The additional time shall be contiguous with the duty day, with the exception of one (1) parent teacher conference per semester. The Parent Teacher Conferences are to be held at the school sites in the instructor’s classroom. E.
When school is delayed due to inclement weather conditions, employees'
reporting time will be delayed the same amount of time as the students' reporting time (i.e., a two-hour delay means that staff members shall report two hours later than their normal reporting time). F.
Assigned afternoon duty for certified employees extends through the departure of
the last regularly scheduled school bus or (30) minutes following student release time, whichever is earlier. Any students that have not been picked up at this time will be taken to the Administrative office and placed in the supervision of a District employee. When buses are consistently late, duty personnel should report those occurrences, in writing, to the site administrator who will address the concern with the transportation director.
18
ARTICLE 16 – PROCEDURES FOR TEACHER ABSENCE A.
The District agrees that a formalized process for acquiring substitute teachers will
be in place. This process shall not alleviate the employees' responsibility for contacting their supervisor or designee in accordance with the process established at each work site. B.
When an employee is to be absent, he/she shall call the designated school
employee. C.
When employees become ill during the school day, they shall notify their
supervisor; and, if necessary, they will use accrued sick leave or leave without pay. D.
Employees who are absent shall notify their principal or designee no later than
two hours prior to the end of duty day if they expect to return the following day. E.
A teacher may request a specific substitute in cases were a “planned absence” allows this special circumstance.
F.
Principals may ask for volunteers, and in the absence of volunteers, will assign teachers to act as substitutes during their preparation time in emergencies.
G.
Efforts will be made to provide substitutes for all teachers that will be absent.
ARTICLE 17 - ACADEMIC FREEDOM/STAFF RESPONSIBLITIES A.
Students shall be provided an unbiased and complete study and examination of
all academic issues consistent with the curricular and instructional competency requirements of the District Board of Education and the New Mexico Public Education Department. B.
Consistent with District Board of Education policy and State of New Mexico
standards and benchmarks, the principal shall oversee that the teacher approaches the curriculum through programs and initiatives directed at increasing student achievement. ARTICLE 18- COLLABORATION AND PLANNING/PREPARATION TIME A.
The parties exist to ensure that all students learn. The parties support the growth
of students into knowledgeable, skilled and confident citizens capable of succeeding in their work, personal and family life. The parties are committed to planning and
19
implementing educational programs of the highest caliber designed to meet the multifaceted needs of our diverse student population. B.
The parties recognize the educational importance of collaboration and planning
time for certified/licensed employees, however, rare circumstances may arise that require this time to be used for other purposes. C.
Full-time High school and middle school certified licensed employees shall be
assigned collaboration and planning time equivalent to one (1) period per day. D.
Full-time Elementary school certified/licensed employees will be assigned
collaboration and planning time equivalent to at least forty-five (45) minutes per day, which may be averaged over a two (2) week period. The parties believe collaboration and planning time may include time when their students are receiving art, library, music, or physical education instruction from another employee unless the certified employee is involved in that instruction or supervision of the students, or any other non-instructional time within the normal duty day. E.
Every other Wednesday for elementary schools and one Wednesday per month
for secondary schools (or according to the school calendar, Appendix B) students’ release times shall be 12:30 for the High School, 12:30 for the Middle School and 12:15 for Elementary Schools.
The afternoons will be used for professional development;
collaboration and planning to be determined by the school's improvement plan or the Educational Plan for Student Success to vertically and horizontally align the curriculum. Early student release days are full normal duty days for certified staff. F.
It is understood by the parties that Sections D and E above are not mutually
exclusive. ARTICLE 19 - JOB DESCRIPTIONS A.
All employees will be provided with a copy of their current job description when
hired and upon revision. B.
The Union will be given the opportunity to provide written input prior to the
implementation of a revised job description. C.
The parties recognize that the purpose of a job description is to provide a general
description of duties, not an all-inclusive list. D.
Licensed employees will be assigned only within their license(s)/endorsement(s).
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E.
Level three-A licensed educators will be expected to undertake greater
responsibilities such as curriculum development, peer intervention, and mentoring (Statute 22-10A-4). ARTICLE 20 - CLASS SIZE LOADS A.
The District will continue to comply with applicable State and Federal law,
standards and guidelines in determining class size, class load limits, waivers, and staffing patterns. B.
The District will continue to consult with affected employees prior to requesting a
waiver from the Public Education Department. ARTICLE 21 - TEACHING/WORKING ENVIRONMENT A.
The SSEA and the District agree that teaching is the primary responsibility of a
teacher. The parties recognize that the performance of non-instructional duties are also a teacher’s responsibility. Assignment of such duties shall be made on an equitable basis. B.
The initiation and assessment of the reasons for underperformance at school
sites and the development of a remedial plan for improvement will be accomplished based on State and Federal requirements. ARTICLE 22 - INSTRUCTION AND PROFESSIONAL DEVELOPMENT A.
The
parties
reaffirm
their
commitment
to
educational
excellence
and
improvement of the overall quality of instruction by attracting and retaining superior teachers through establishment of a system of career advancement based upon superior performance, professional growth and development, and economic incentives. B.
The District and the Union encourage employees to make suggestions regarding
professional development. C.
The Union and the District will continue to support and encourage continuing
education for all employees. D.
If a request for funding or assistance for professional development is denied, the
District will provide a written explanation for the denial of the written request within a reasonable amount of time. It is recognized by the parties that the funding and approval
21
for professional development will continue to be based on the needs of the District as determined by the School Board and Superintendent. E.
Mandatory professional development may occur on District in-service days
(which includes the second half of the normal duty days as defined in Article 18E) and may include, but shall not exceed, an additional four (4) hours per nine-week period. These additional four hours shall be divided among no less than two days. ARTICLE 23 – EVALUATIONS A. There are many purposes for evaluation, including but not limited to: 1.
To serve as the basis for the improvement of instruction.
2.
To assist in identifying and building upon teacher strengths.
3.
To develop redemption remediation goals.
4.
To enhance the implementation of programs of curriculum.
5.
To plan meaningful professional development.
6.
To address accountability and teacher quality.
7.
To support fair, valid and legal decisions for rehire, promotion decisions
or termination. B.
The evaluation will identify areas of strength and weakness, attempt to improve
communication, and if necessary, develop priorities for improvement to be incorporated into a professional growth plan. 1. Delivery of instruction and classroom teaching techniques shall continue to be the main topics of evaluation. C.
Bargaining unit employees will be evaluated in accordance with the evaluation
plan approved by the Public Education Department. D.
Bargaining unit employees shall be evaluated on the cycle set forth in the
District's evaluation plan. E.
The parties agree that when an employee exhibits deficient performance that
does not warrant immediate disciplinary action the evaluation process will be utilized to establish a professional growth plan to correct the employee's performance. F.
Any complaint regarding an employee made to the employee's immediate
supervisor or other District representative by any parent, student, or other identified person that will be considered in the evaluation of the employee’s performance will be called to the attention of the employee within a reasonable amount of time following
22
receipt of the complaint. The employee will be given an opportunity to respond to and/or rebut such complaint. G.
An employee who has a concern regarding adherence to the required procedural
process of his/her evaluation may request that the concern be reviewed by the Associate Superintendent.
Such requests must be received by the Associate Superintendent
within five (5) duty days of the employee’s receipt of the evaluation. The Associate Superintendent shall give the employee a written explanation of the results of the review. H.
An employee who has concerns about the content of his/her evaluation may write
a written response to be attached to the evaluation and may also request that the concern be reviewed by the Associate Superintendent such requests must be received by the Associate Superintendent within five (5) duty days of the employee’s receipt of the evaluation. An acknowledgement shall be submitted to the employee within ten (10) duty days, and the employee’s written response shall become a permanent part of the personnel file. ARTICLE 24 - STUDENT DISCIPLINE A.
The parties recognize that student deportment and respect for others are
essential for a successful and productive educational program, the academic success of students, and the safety of employees and students. B.
The principal shall have the primary responsibility for administering the school's
student discipline policy. In accordance with the school's discipline policy, the employee shall be responsible for maintaining a social environment which is conducive to teaching and learning among those students under the employee's supervision. The responsibility for school-wide student discipline shall be shared by building administrators and staff, including bargaining unit employees. C.
An employee shall be the initial source of discipline of all students under the
supervision of the employee. An employee shall take whatever action is required and permitted under policy and law to properly discipline a disruptive student prior to referring the student and the problem to the administration. Once the employee has reasonably fulfilled his duties and responsibilities regarding the discipline of a student an employee may refer to the administration a student whose behavior continues to prevent the employee from providing instruction and/or threatens the safety of employee(s) or student(s). To ensure the academic success of all students and the safety of employees
23
and students, the administration will determine and implement the appropriate student discipline when an employee refers students. D.
Student discipline shall be applied in accordance with school policy, district
policy, Public Education Department regulations, state law, and federal law. Student disciplinary referrals will be kept at each work site, logged and tracked. E.
An employee shall be informed of any formal complaint made to the
administration by a parent or guardian concerning the disciplinary action taken by the employee with a student if such complaint will be used as part of the employee’s evaluation. F.
Employees shall use appropriate techniques which may include as a last resort
reasonable restraint in order to maintain a safe environment for students and staff. G.
When requested by an employee in accordance with the school's discipline
policy, the principal shall provide support to assist in classroom management, or individual student discipline. H.
To address mutual concerns involving student discipline and behavior, the
parties embrace the concept of establishing an open and continual dialogue to bring about a better-disciplined school environment. I.
Teachers with questions about student discipline, including program placement,
are encouraged to ask their administrators about decisions made. ARTICLE 25-PERSONNEL FILE A.
The District shall maintain an official personnel file for each employee. The file
will be maintained in the District's Central Office. B.
An employee shall be permitted to review material contained in his/her official
file. This shall not include pre-employment records. An employee wishing to access his/her official personnel file shall do so by appointment and such review shall occur during non-duty time at a time that the District’s Central Office is open for business. The District will remove all pre-employment material from the file prior to review by the employee. A designated District employee from the Central Office shall be present during the file review. The file reviewer shall sign and date a form maintained in the personnel file. C.
The District will honor requests for a copy of an accessible document, up to ten
(10) pages, in the official file for the employee. Any additional copies beyond ten (10) pages will be provided at the fee allowed by the Inspection of Public Records Act.
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D.
Except for routine file maintenance material, the District shall provide an
employee with a copy of any document prior to the placement of the document in the official file. The employee will sign the document verifying that he/she has received and read the document. The employee may submit a written response to any document that is placed in the employee's official personnel file such response must be submitted within ten (10) working days of the receipt of the document that generated the response. E.
An employee may be accompanied by an SSEA representative while reviewing
the official file. The employee may also assign the sole responsibility for reviewing the file to an SSEA representative provided the employee gives authorization in writing. F.
Documentation related to any pending investigation or grievance in process will
not be placed in an employee official file until the investigation or grievance is completed. This shall in no way prevent the District from utilizing the material generated from an investigation or grievance in process as it relates to a disciplinary action that occurs prior to the completion of an investigation or grievance. ARTICLE 26 - SPECIAL EDUCATION A.
The assignment of special education students and their instruction shall be
conducted in accordance with federal and state laws, state regulations, and school board policy. B.
The District will evaluate and consider requests made by any employee for
additional training in order to meet a specific student's behavioral, educational or medical needs. In the event that proper execution of an Individual Education plan requires that an employee receive training, such training will be provided by the District. Training requests will be made to the principal or supervisor. C.
The parties agree that providing appropriate training to employees who provide
services to medically fragile students is a mutual goal. The District will continue to provide training to employees who are engaged in this responsibility as required by law. These employees may be offered the opportunity to collaborate with the District in the development of training programs related to medically fragile students. ARTICLE 27 – SENIORITY A.
Seniority shall be defined as length of continuous District service. Seniority credit
shall commence with the employee's most recent date of continuous service.
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B.
Time spent on approved leave of absence without pay shall not be counted
towards seniority, but shall not be considered a break in service. C.
Time spent on paid leave shall be considered part of continuous service.
D.
The District will publish a seniority list of all employees in the bargaining unit. The
list will include the employees ranked in order of seniority and the date of hire of each employee. The District will provide a copy of this list to the Union upon written request made to the Assistant Superintendent for Human Resources. E.
All full-time regular continuous employment status with the District shall be
applied to the current classification held for the purposes of determining seniority. ARTICLE 28 - REDUCTION IN FORCE A.
In the event of a Reduction in Force (RIF), the following provisions set forth
below shall apply as well as all other provisions in State and Federal law. B.
When the District anticipates a RIF which might result in the layoff of employees,
the District will notify the SSEA in writing fourteen (14) calendar days in advance of the anticipated RIF. The notice shall include the reasons for the RIF, the affected programs/positions and the expected date of the RIF. 1. Within five (5) working days after receiving the notice of intent of RIF from the District, the SSEA may schedule a public meeting with the District to recommend possible alternatives to the RIF. 2. Any employee who is to be laid off will be so notified in writing at least ten (10) working days before the effective date of the layoff. Such notice will include the proposed time schedule and the reasons for the proposed action, and the employee's rights to recall. The District may, in lieu of a ten (10) working day advance notice, provide the employee ten (10) working days of paid administrative leave. C.
In the event it becomes necessary to initiate a RIF in the bargaining unit
workforce, the following provisions shall apply: 1.
The Board shall determine the numbers and types of programs/positions
to be affected by the RIF and will advise the SSEA. 2. The District will attempt to absorb the necessary reductions through attrition, voluntary transfers and resignations by general written notice to employees. D.
A laid-off employee shall have the following recall rights: 1.
bargaining
Employees shall have recall rights for twelve (12) months. unit
employee
will
be
offered
a
vacant
position
within
A laid off the
job
26
classification/endorsement area held by the employee prior to layoff. Such offer will be made to laid off bargaining unit employees in seniority order. The District will offer any bargaining unit employee a vacant position within the job classification/endorsement area previously held prior to layoff to the laid off employee(s) in seniority order. 2.
The District will offer any regular position for which the employee is fully
qualified that is of an equal or lesser rate of pay than the employee was receiving at the time of layoff to the employee(s). An employee's refusal of a position of equal pay will terminate that employee's recall rights. However, an employee's refusal of a nonequivalent position will not constitute failure to respond to notice of recall. 3.
Employees on recall status shall maintain a correct current address and
phone number with the District. If an employee fails to provide said information or fails to respond within fifteen (15) days after receipt of above notice of recall, she/he will be deemed to have refused the position offered. The District shall have no further employment or recall obligation to the individual. 4.
The District will exhaust the recall list for each classification prior to the
posting or advertising any open or new position for that classification. ARTICLE 29 - LEAVE PROVISIONS A.
Professional Leave Professional leave is defined as leave that the District decides will benefit the School District and the employee for the purpose of attendance at a conference, workshop, professional meeting, in-service training, or school event. This leave is with pay and is subject to the recommendation of the supervisor, and approval of the superintendent.
B.
Religious Leave Employees may request to use additional personal leave or leave without pay for the observance of religious holidays.
C.
Battery Leave 1.
Any employee battered on the job shall immediately report the incident to his/her
immediate supervisor. The employee shall complete all necessary reports and/or forms. 2.
Employees injured at work by an assault and/or battery while acting in the scope
of the employee's duties shall apply for Workers' Compensation in accordance with New Mexico law. D.
Bereavement Leave
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1.
Employees will be granted up to five (5) days of leave for a death in the
immediate family which shall include spouses, siblings, children, grandchildren, parents, grandparents, mothers-in-law, fathers-in-law, sons-in-law, daughters-in-law, sisters-inlaw, and brothers-in-law. Such leave shall be charged to the employee's sick leave balance or leave without pay. 2.
Additional leave may be requested and charged to annual, personal sick, or
leave-without pay, subject to the approval of the Superintendent. E.
Court Leave 1.
Leave with full pay may be granted to an employee for jury duty or to respond to
subpoena regarding a job related issue to testify on behalf of the District. 2.
The employee will cooperate in ensuring the Court turns over the jury duty
compensation to the District. 3.
Leave may be requested by an employee to appear in court or an administrative
procedure to assert or protect his or her own interests. If granted, the employee shall use accrued personal leave or leave without pay for such purposes. F.
Military Leave Military leave shall be administered in accordance with Federal and State Law.
G.
Sick Leave Sick Leave Accrual 185 day employees will receive 12.5 days of Sick Leave at the beginning of each school year. Sick Leave may only be approved for leave which has already been accrued. A negative balance is prohibited. 1.
Incidental Leave
An employee may request incidental leave for two (2) hours or less when such request would not necessitate the hiring of a substitute to include but not limited to: picking up sick children, brief doctor visits, vehicle or family emergencies, etc. Such requests should be reasonable and necessary and should be for unique situations and rare occurrences. This leave is subject to the approval of the supervisor. 2.
Unused sick leave will accumulate from year-to-year to a maximum of one
hundred and twenty (120) days. Employees who have 60 days of leave accumulated at the end of the school year will receive $250 on the first full pay period in December the following school year. Employees who have 120 days of accumulated leave at the end of the school year will receive $500 on their paycheck the first full pay period in December
28
the following school year. An employee who is found to have abused sick leave within the previous twelve (12) months is not eligible for these payments. Employees who retire from the District will receive ten dollars ($10.00) for each unused day of sick leave on their final paycheck if the employee notifies the District of their retirement in writing no later than March 1st. 3.
Three (3) days of sick leave may be approved by the District for personal leave
per school year. An employee who is found to have abused sick leave within the previous twelve (12) months is not eligible for personal leave. Personal leave will not be approved during the first two weeks or the last two weeks of school and the day before and the day after a holiday or scheduled school break except in extenuating circumstances as determined and approved by the Superintendent. Staffing needs and what is in the best interest of students will be evaluated in considering approval of personal leave. 4.
Except for sick leave used as provided herein, accumulated sick leave shall not
be reduced or lost by the employee during an officially approved leave of absence or on RIF status, however, no leave will be accrued while on such leave. 5.
All paid leave is subject to the approval of the District and may be investigated
and payment denied if abused or not used for the approved reason. H.
Leave Without Pay 1.
All leave without pay requests are subject to the recommendations of the
appropriate supervisor and the approval of the Superintendent. Such requests shall be considered based on the appropriate legal requirements and what is in the best interest of the students. Employees accrue no pay or benefits while on this leave. 2.
An employee returning from leave without pay status will be returned to the same
position/job title or an equivalent position provided that the employee gives notice as required by the District. 3.
Upon return from leave without pay status, the employee will be placed at the
same salary schedule range and step that the employee held prior to the leave. 4.
Upon return from any authorized leave without pay, an employee, will be credited
with the same accrued leave which the employee had at the time the leave commenced, provided the employee did not use any of the accrued leave. 5.
Leave-without-pay shall be granted as required by the Family Medical Leave Act
(FMLA), provided that the District may require an employee to exhaust his/her available
29
sick leave before commencing leave without pay. An employee shall not accrue paid leave while on this leave. 6.
A leave of absence-without-pay for up to one (1) year may be granted to any
employee who accepts a Fulbright Scholarship or who is pursuing planned professional growth opportunities relating to the employee's job. 7.
Leave without pay shall not be granted to accept other employment.
8.
Employees shall notify the District of their intent to return or resign from an
approved leave of absence no later than the date set forth in the leave approval documents. The normal date of notification for an employee returning at the beginning of the next school year will be March 15 of the year prior to the employee’s return to work, unless there is mutual agreement for a later notification date, at the time such leave is approved. With regard to approved leaves where the employee’s return date cannot be predetermined by March 15th or later and another notification notice has not been agreed to, the employee shall provide at least thirty (30) days advance notice of his/her intent to return to active employment the District. I.
Employees may not leave the worksite during normal duty hours without the approval of
the supervisor. J.
All leave, paid or un-paid, other than incidental leave must be taken in half-day
increments or full-day increments. ARTICLE 30 - SICK LEAVE BANK The Sick Leave Bank is a district wide program with participation from bargaining unit and nonbargaining unit employees. This program will continue to be administered in accordance with the School Board policies. The Union president may appoint one bargaining unit employee to serve on the Sick Leave Bank Committee. The number of contributed days currently existing in the District’s Sick Leave Bank will be proportionately distributed based upon the percentage of employees in the bargaining unit compared to District non-bargaining unit employees, between the Bargaining Unit Sick Leave Bank and the District Sick Leave Bank upon ratification of this Agreement. The Bargaining Unit Sick Leave Bank is a District-wide program with participation from bargaining unit employees. A.
Eligibility
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1.
The Board recognizes the need for an available pool of sick leave days upon which
bargaining unit employees having experienced unusual catastrophic personal illness and/or injuries may draw. 2.
To be eligible for participation in the Bargaining Unit Sick Leave Bank, a bargaining unit
employee must voluntarily contribute one (1) day of accrued sick leave to the bank. Should the number of days in the bank at the end of the year be less than 160, each member of the Bargaining Unit Sick Leave Bank must donate one (1) day of accrued sick leave for the following school year.
This deduction will be made at the end of the fiscal year, and the
employee will be notified. All days donated are irretrievable. Bargaining unit employees shall be afforded the opportunity to participate within the first thirty (30) days after the beginning of employment. The Bargaining Unit Sick Leave Bank days may only be used for the employees own personal illness or injury.
Illness or injury in the immediate family is not covered.
Bargaining unit employees on leave of absence are not eligible to draw from the Bargaining Unit Sick Bank during that leave. B.
Administration 1. Upon exhaustion of all accrued leave, an eligible employee may apply to the Bargaining Unit Sick Leave Bank Committee for withdrawal of days. 2. The Bargaining Unit Sick Leave Bank Committee shall consist of five (5) members. The Superintendent will appoint two (2) members representing administration. The Union shall appoint two (2) members with one member representing secondary education (certified) and one member representing elementary education (certified). The fifth member will be selected jointly by the other four members. 3. The Bargaining Unit Sick Leave Bank Committee will review all applications for withdrawal of days.
The approved requests shall be subject to review by the
committee to assure all guidelines are being followed. If the committee finds that the employee is not complying with the guidelines, the requested leave will be terminated. In addition, the membership privileges may be revoked and the employee will be held responsible for repaying any misused sick leave days. 4. The majority decision of the committee shall be final and not subject to the grievance procedure. Applications to the committee shall be in writing and accompanied by a
31
physician’s statement describing the illness or injury and the anticipated date of return to work. 5. At the time the application is submitted to the Bargaining Unit Sick Leave Committee, the employee must inform his/her supervisor of this request. C.
Information and Guidelines for Requesting Days from the Bargaining Unit Sick Leave Bank 1. Requests must be submitted on the official Bargaining Unit Sick Leave Bank application form and must be accompanied by a statement from a physician licensed to treat in the area described on the application. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED.
The statement should include a description of the
illness or injury, a statement of the employee’s inability to work, a therapeutic plan, and an anticipated date to return to work. 2. The Committee reserves the right to require a second opinion, unless the condition is life threatening and requires immediate attention. The applicant shall be responsible for paying the cost of the second opinion. 3. All accrued leave must be used before days are granted from the bank.
The
committee will also review the attendance history of the employee to review prudence used in using sick leave in the past. 4. Unusual and catastrophic personal illness or injury may be defined to exclude recurring or congenital conditions or preexisting conditions, which would lead to an employee’s inability to fulfill his/her contractual obligations on a continual basis. 5. Requests for maternity due to pre-delivery and post-delivery complications will be covered if the condition is endangering to the mother or the fetus. Routine cesarean sections are not considered a complication. Days will not be granted for recovery from delivery. 6. Mental health and chemical dependency applications from members under the care of a licensed physician /licensed clinical psychologist must be accompanied by the physician’s statement which would include a brief outline of the therapeutic plan that will be followed by the patient during leave. A progress report must be submitted by the physician based on the treatment plan within thirty (30) days for the committee’s review. 7. Should there be any compensation for loss of wages from any insurance (including disability insurance), Worker’s Compensation, or as a result of a law suit, the
32
Bargaining Unit Sick Leave Bank must be reimbursed the value of the days that were granted due to the event causing the loss of wages. 8. Years of employment and days of sick leave limits per incident: Years of Employment
Days of Sick Leave Limits Per Incident
1-2 years
10 days
3-5 years
20 days
6-10 years
40 days
11+ years
60 days
ARTICLE 31 – BENEFITS A.
The District will continue to provide eligible full-time employees with group medical, dental, and vision insurance through the New Mexico Public Schools Insurance Authority (NMPSIA.). Approved insurance plans will be available to bargaining unit employees as per the offerings of NMPSIA. For those employees who elect to participate in the approved insurance plan(s), the District will continue to contribute the percentage of the premium required by state law.
B.
The District will continue to provide eligible full-time employees access to longterm disability and life insurance benefits available through carriers approved by the District in addition to the $25,000 non-contributory life insurance coverage.
C.
Participants in these insurance programs will have their premiums deducted through payroll deductions and will be provided a copy of the plan information as provided by carriers approved by the District.
D.
The District will continue to offer eligible full-time employees open enrollment periods as offered by NMPSIA and carriers approved by the District Employees will be notified of any such open enrollment periods.
E.
If an employee experiences any change in employment or marital status which creates a need for the employee to enroll or change enrollment in any of the approved plans, the employee may do so only if permitted by applicable law, NMPSIA regulations, or provisions of the contract between NMPSIA and the respective insurance carrier.
F.
The District will continue to provide professional liability and Workers' Compensation coverage for employees in accordance with state law.
G.
Subject to applicable laws and regulations, the District will continue to provide employees access to the Internal Revenue Code Section 125 "Cafeteria Plan"
33
benefits offered at the inception of this Agreement. Any changes to said offerings shall be reviewed by the parties, which in turn, will make recommendations to the Superintendent and Board for approval. H.
Employees shall be entitled to invest in tax-sheltered annuities and deferred compensation programs available through the business office by payroll deduction. Tax-sheltered annuities, deferred compensation programs, and supplemental insurance programs offered through the Union are eligible for payroll deduction. Deductions shall be made and forwarded to the investment company.
I.
Upon separation, termination, or leave-without-pay, employees may continue their insurance benefits through COBRA.
J.
The Union Management Committee may request a meeting to discuss issues related to insurance benefits. Such meeting shall be scheduled at a mutually acceptable time and place during non-duty time.
K.
Upon employment with the District, each employee will be provided an explanation of insurance benefits and options, including those available through the Union for members.
ARTICLE 32 - SALARY PROCEDURES A.
Employees employed for the entire calendar year shall be paid on the 5th and the 20th of
each month, but the individual summer checks shall be made available to the employees in May and June. Employees who are employed for less than the entire calendar year will be paid in a proportional amount to the amount of the year actually worked. B.
If a pay date falls on a holiday, employees shall be paid on either the preceding or the
following day, whichever is closer to the pay date. Normally, if a pay date falls during a break period (i.e., winter or spring breaks) the pay date will precede the break period. ARTICLE 33 - SALARIES All pay cells in the 2012-2013 bargaining unit salary schedule will be increased by 1% and each experience cell will roll over and become the new higher experience cell. This provides a 1% increase total including the movement to the higher experience cell.
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ARTICLE 34 - HEALTH AND SAFETY A. The District will continue to provide healthful and safe working condition for all employees. B.
The District will continue to comply with applicable state and federal health and safety laws.
C.
The District will pay its portion, and the employee will pay his/her portion of insurance premiums for any employee who is on Worker's Compensation for the FMLA required time period of twelve (12) weeks.
D.
All hazardous or potentially hazardous conditions at the work site shall be reported immediately by the employee to the employee's supervisor.
E.
The Union will review District policies and procedures and may recommend proposals to maintain a healthful and safe working condition for employees.
ARTICLE 35 - SEVERABILITY If any provision of this Agreement is determined by a final order of an administrative agency or court with jurisdiction over the parties to be contrary to law, the affected provision shall be rendered null and void. All other provisions not affected by the illegal provision shall remain in full force and effect. The provision determined to be contrary to law shall be renegotiated by the parties provided either party submits a written request to reopen negotiations no later than twenty (20) days after the parties knew or reasonably should have known that the provision was contrary to law.
ARTICLE 36 - AGREEMENT DURATION This Agreement shall be effective on the first full pay period following ratification by the union, approval of the School Board, and signature by the parties, and will remain in full force and effect through June 30, 2014. During the 2013-2014 SY, if the legislature designates funds to address teacher salaries and/or benefits the District will comply with legislative directives. It is recognized by the parties that any additional funds received by the District during the School Year are subject to the appropriation of the School Board. The reopening of negotiations is accomplished by either party providing the other party written notice as per Article 4A.
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ARTICLE 37 - COMPLETE AGREEMENT
The parties agree that this is the complete and only agreement between the parties. Each party has negotiated on all issues identified for negotiations, and such negotiations have led to this Agreement. The parties agree to negotiate the impact of instructional and professional decisions made by the employer according to law. This Agreement replaces any and all previous agreements between the parties.
ARTICLE 38 - SIGNATURES
IN WITNESS WHEREOF, the parties hereto affix the signatures of their respective officers and representative. SOCORRO SCHOOL EMPLOYEES’ ASSOCIATION, LOCAL #3878 (SSEA)
SOCORRO CONSOLIDATED SCHOOL DISTRICT
By:________________________ Anne Shiells Date Socorro School Employees Association (SSEA) President
By:__________________________ Jane Anderson Date Board of Education President
By:________________________ Date Association Representative
By:__________________________ Randall Earwood Date Superintendent
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APPENDIX A. SALARY SCHEDULES
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APPENDIX B. SCHOOL CALENDAR
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APPENDIX C. VISITOR PASS PROCEDURE
1. Union representatives will sign-in with the building administrator of the building being visited. If the building administrator is not available, then check in with the Superintendent. If the building administrator nor the superintendent are available, then check in with the school secretary and have the secretary call the employee to verify the employee wishes to see the Union representative. A signature from the building administrator, the superintendent, or the secretary is necessary for the Union representative to see employees while on school campuses. 2. The District shall provide an initial meeting location, listed below, at each worksite for the Union representative to conduct a private meeting with the employees. If necessary, the Union representative and building administrator shall cooperatively and collaboratively arrange for an alternate meeting location at the worksite. Socorro High School—employee lounge Sarracino Middle School—employee lounge Parkview Elementary School—employee lounge Torres/Aim High School—classroom (P.M. meetings only) Zimmerly Elementary School—employee lounge San Antonio Elementary School—media center Midway Elementary School—media center Transportation—break room Central Office—community room
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