MASD Contract_2015_2018

between the

Middletown Area

Education Association

and the

Middletown Area School

District

PROFESSIONAL NEGOTIATIONS

AGREEMENT

Effective July 1, 2015 through June 30, 2018

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Table of Contents Recognition ....................................................................................................................................... 3 Term of Agreement .......................................................................................................................... 3 No Lock Out – No Strike ................................................................................................................... 3 Salary / Wage Provisions .................................................................................................................. 3 Other Employee Benefits – (See Appendix B) .................................................................................. 4 Hours of Work and Conditions of Employment – (See Appendix C) ................................................ 4 Meet and Discuss Provisions – (See Appendix D)............................................................................. 4 Grievance Procedure – (See Appendix E) ......................................................................................... 5 Notification of Teaching Assignment ............................................................................................... 5 Job Security and Job Progression ..................................................................................................... 6 Just Cause Provision ......................................................................................................................... 6 Waivers ............................................................................................................................................. 6 Conflict between Collective Bargaining Agreement Language and Law .......................................... 6 Cost of Preparation and Distribution of Agreement ........................................................................ 7 Effective Date and Signature ............................................................................................................ 7 Exhibit A – Salary Schedule for 2015-2016 ....................................................................................... 8 Exhibit B – Salary Schedule for 2016-2017 ....................................................................................... 9 Exhibit C – Salary Schedule for 2017-2018 ..................................................................................... 10 Appendix A – Miscellaneous Salary Provisions Extended Contract Employees ................................................................................................. 11 Newly Employed Professional Employees ............................................................................... 11 Supplemental Contract ............................................................................................................ 12 Credit for Military Service ........................................................................................................ 12 Pay Days ................................................................................................................................... 12 Credit for Teaching and Evaluating Exceptional Children ........................................................ 12 Compensation for Extra Work ................................................................................................. 12 Post-Baccalaureate Work ........................................................................................................ 13 Professional Development ....................................................................................................... 15 National Teacher Certification ................................................................................................. 16 Appendix B – Other Employee Benefits Description of Health Care ...................................................................................................... 17 Retirement / Health Care Benefits .......................................................................................... 19 Accumulated Sick Leave Payment ........................................................................................... 20 Group Life Insurance ................................................................................................................ 21 Leaves

Personal Leave ................................................................................................................... 21 Association Leave .............................................................................................................. 22 Jury / Legal Leave .............................................................................................................. 22 Professional Development Leave ...................................................................................... 22 Sick Leave Bank ................................................................................................................. 23 Extended Illness ................................................................................................................. 24

Tax Sheltered Annuity .............................................................................................................. 24 Additional Payroll Deductions.................................................................................................. 25


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Appendix C – Hours of Work and Other Conditions of Employment Length of Contracted School Year ........................................................................................... 26 Length of Work Day ................................................................................................................ 26 Planning and Preparation Time ............................................................................................... 26 District Provided Facilities ........................................................................................................ 26 Medical Examinations .............................................................................................................. 26 Access to Buildings ................................................................................................................... 26 Access to Personnel Files ......................................................................................................... 27 Notification of Intent to Retire ................................................................................................ 27 Long-Term Substitutes ............................................................................................................. 28 Appendix D – Meet and Discuss Items ........................................................................................... 29 Appendix E – Grievance Procedure ................................................................................................ 31


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I. Recognition

The Middletown Area Education Association, Pennsylvania State Education Association and the National Education Association (hereinafter called the “Association”) has heretofore been recognized by the Middletown Area School District (hereinafter called the “District”) as the bargaining agent for certain professional employees of the Employer under the provisions of the Public Employee Relations Act of the Commonwealth of Pennsylvania (hereinafter called “Act 195”). Both parties affirm that this agreement sets forth the terms and conditions to which each agrees to be bound, and that such agreement has been reached voluntarily, without undue or unlawful coercion or force by either party.

II. Term of Agreement

A. The term of this agreement is July 1, 2015 through June 30, 2018.

B. All terms of this agreement will be enforced through June 30, 2018. III. No Lock Out – No Strike

Both parties agree to faithfully abide by the provisions of Act 195. As a condition to the various provisions of this agreement, the District pledges that it will not conduct, or cause to be conducted, a lock out during the term of this agreement and the Association pledges that members of the bargaining unit will not engage in a strike, as the term is defined in Act 195 and Act 88, during the term of this agreement.

IV. Salary / Wage Provisions

A. Each member of the bargaining unit will be placed on a step and an educational level for the 2015-2016 school year in accordance with the understanding reached by the parties during the collective bargaining process. Such placement shall be set forth on a list which will be kept on file by the Association and the District.

B. The salary paid to each member of the bargaining unit for the 2015-2016 school

year will be consistent with the salary schedule for 2015-2016. (Exhibit A) C. The salary paid to each member of the bargaining unit for the 2016-2017 school

year will be consistent with the salary schedule for 2016-2017. (Exhibit B) D. The salary paid to each member of the bargaining unit for the 2017-2018 school

year will be consistent with the salary schedule for 2017-2018. (Exhibit C) E. For the 2015-2016 school year, all members of the bargaining unit will remain

on the salary schedule step that they were on during the 2014-2015 school year, exclusive of any adjustments for post-baccalaureate work. Members of the bargaining unit hired for the 2015-2016 school year that are not credited for any prior teaching experience will be placed on Step 0 on the salary schedule. Step 0 will only be applicable to the 2015-2016 school year.


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F. For the 2016-2017 school year, all members of the bargaining unit will move vertically one (1) step on the salary schedule from the step that they were on during the 2015-2016 school year, exclusive of any adjustments for post-baccalaureate work.

G. For the 2017-2018 school year, all members of the bargaining unit will move

vertically one (1) step on the salary schedule from the step that they were on during the 2016-2017 school year, exclusive of any adjustments for post-baccalaureate work.

H. Salary schedules are based on the number of contracted days, as specified in

Appendix C, Part I, for members of the bargaining unit. I. Members of the bargaining unit employed less than full-time shall be paid at a

pro-rata amount based upon the salary schedule and the work schedule of the employee working less than full-time as compared to the work schedule of a full-time employee.

J. Professional employees who began teaching duties at the start of the 1996-

1997 school year or anytime thereafter, will qualify for a horizontal step to the Masters Degree category on the salary schedule only if the employee obtains a Masters Degree in a field of education. Under this provision, those employees employed before the 1996-1997 school year will also qualify for a horizontal step to the Masters Degree category on the salary schedule with a Masters Equivalency Degree.

K. The educational columns set forth on the salary schedules shall be Bachelors,

Masters, Masters+15 additional graduate credits, Masters+30 additional graduate credits, Masters+45 additional graduate credits, Masters +60 additional graduate credits, Doctorate.

L. Other matters relating to salary are set forth in Appendix A of this agreement.

V. Other Employee Benefits

The parties agree that other employee benefits to be provided under this agreement are accurately reflected in Appendix B of this agreement.

VI. Hours of Work and Conditions of Employment

The parties agree that hours of work and conditions of employment to be effected by this agreement are accurately reflected in Appendix C of this agreement.

VII. Meet and Discuss Provisions

The parties agree that the implementation of Section 702 of Act 195 is set forth in Appendix D of this agreement.


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VIII. Grievance Procedure

A. It is in the interest of the general public, and in the interest of the school children, whom the District and employees serve, that grievances be reconciled and disposed of as expeditiously as possible.

B. The parties agree that grievances which arise out of the interpretation of this

agreement (excepting any substantive matters within Item VII hereof) shall be resolved in accordance with the Grievance Procedures set forth in Appendix E of this agreement.

IX. Notification of Teaching Assignment

A. All professional employees shall be notified in writing of a change in their teaching assignment on or before the last staff work day of the approved calendar year preceding the assignment, except in the circumstances identified in Section B below. Preliminary high school and middle school schedules will be provided by the last staff work day with the final schedule provided by August 1 or as soon as possible thereafter if a successor Professional Negotiations Agreement has not been finalized by June 30 in the final year of this agreement.

B. A change in teaching assignment for the succeeding school year made by the

District after the last staff work day of the preceding school year may:

(1) be made with the consent of the professional employee whose assignment is changed.

(2) be made without the consent of the professional employee whose assignment is changed if a vacancy in a professional staff position occurs as a result of a maternity leave, sabbatical leave, resignation, irrevocable retirement, or other leave request, written notice of which had not been given to the District at least ten (10) days prior to the last staff work day of the approved calendar year.

(3) be made without the consent of the professional employee whose assignment is changed if a vacancy must be filled as a result of the return from leave status of a professional employee if written notice of intention to return from leave had not been given to the District at least ten (10) days prior to the last staff work day of the approved calendar year.

Each professional employee shall be provided the opportunity to review his assignment and/or request a change of assignments. Such review shall be initiated first with the Superintendent or his designee and may at the request of the employee thereafter be made with the School Board of Education.


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X. Job Security and Job Progression

A. The Pennsylvania School Code includes certain job security provisions, certification and other regulatory provisions associated with various classes of employees. The parties acknowledge that the School Code governs the manner in which job security, job progression, and reduction in force practices are to be effected with respect to members of the bargaining unit.

B. In the event the District determines that a reduction in staff may be necessary,

the District will notify the Association in writing as early in the year as possible but no later than May 15th of the school year immediately preceding the school year in which such reduction is to take effect. It is understood that the District will make any determination regarding a reduction in staff based upon only irrevocable professional staff retirements and resignations that have been presented to the District by that date.

C. Employees to be furloughed as a result of the District’s decision to reduce staff

will be notified in writing by the District no later than ninety (90) days prior to the date on which such furlough is to become effective.

XI. Just Cause Provision

If during the term of this agreement the tenure provisions of the Pennsylvania School Code relating to professional employees are repealed, the following “Just Cause” provision shall become effective: “No professional employee shall be discharged, reduced in rank or compensation, or receive a written letter of reprimand or have said letter made part of his personal record without just cause. All information forming the basis for any such action shall be available to the professional employee and, upon his request or consent, to the Association.”

XII. Waivers

The parties agree that all negotiable items have been discussed during the negotiations leading to this agreement, and that no additional negotiations on this agreement will be conducted on any item, whether contained herein or not, during the term of this agreement.

XIII. Conflict between Collective Bargaining Agreement Language and Law

If any provision of this agreement or any application of the agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. In the event that a provision of this agreement should be determined to be invalid, the parties agree to promptly negotiate an alternative provision which, to the extent reasonably possible, restores the rights, obligations and practices of the parties as defined in the prior provision.


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XIV. Cost of Preparation and Distribution of Agreement

The cost of preparation and distribution of this agreement shall be borne equally by the Middletown Area Education Association and the Middletown Area School District.

XV. Effective Date and Signature

This agreement is made and entered into this ____ day of __________, 2015 by and between the Middletown Area School District and the Middletown Area Education Association, evidenced by the signatures of their respective authorized officers.

Middletown Area School District Middletown Area Education Association

__________________________________ _________________________ President of the Board of School Directors President of the Association

__________________________________ _________________________ Secretary of the Board of School Directors Secretary of the Association


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EXHIBIT A

Salary Schedule for 2015-2016

STEP BACH MAST M+15 M+30 M+45 M+60 DOCT

0 43,745 46,395 48,295 50,245 52,195 54,145 56,045 1 44,450 47,100 49,000 50,950 52,900 54,850 56,750 2 45,425 48,075 49,975 51,925 53,875 55,825 57,725 3 46,400 49,050 50,950 52,900 54,850 56,800 58,700 4 47,400 50,050 51,950 53,900 55,850 57,800 59,700 5 48,400 51,050 52,950 54,900 56,850 58,800 60,700 6 49,505 52,155 54,055 56,005 57,955 59,905 61,805 7 51,205 53,855 55,755 57,705 59,655 61,605 63,505 8 52,905 55,555 57,455 59,405 61,355 63,305 65,205 9 54,905 57,555 59,455 61,405 63,355 65,305 67,205

10 56,905 59,555 61,455 63,405 65,355 67,305 69,205 11 59,155 61,805 63,705 65,655 67,605 69,555 71,455 12 60,900 63,550 65,450 67,400 69,350 71,300 73,200 13 63,600 66,250 68,150 70,100 72,050 74,000 75,900 14 66,300 68,950 70,850 72,800 74,750 76,700 78,600 15 69,000 71,650 73,550 75,500 77,450 79,400 81,300 16 71,650 74,300 76,200 78,150 80,100 82,050 83,950


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EXHIBIT B



1 45,000 47,650 49,550 51,500 53,450 55,400 57,300 2 45,575 48,225 50,125 52,075 54,025 55,975 57,875 3 46,550 49,200 51,100 53,050 55,000 56,950 58,850 4 47,550 50,200 52,100 54,050 56,000 57,950 59,850 5 48,555 51,205 53,105 55,055 57,005 58,955 60,855 6 49,655 52,305 54,205 56,155 58,105 60,055 61,955 7 51,355 54,005 55,905 57,855 59,805 61,755 63,655 8 53,055 55,705 57,605 59,555 61,505 63,455 65,355 9 55,055 57,705 59,605 61,555 63,505 65,455 67,355

10 57,055 59,705 61,605 63,555 65,505 67,455 69,355 11 59,305 61,955 63,855 65,805 67,755 69,705 71,605 12 61,050 63,700 65,600 67,550 69,500 71,450 73,350 13 63,750 66,400 68,300 70,250 72,200 74,150 76,050 14 66,450 69,100 71,000 72,950 74,900 76,850 78,750 15 69,150 71,800 73,700 75,650 77,600 79,550 81,450 16 72,195 74,845 76,745 78,695 80,645 82,595 84,495


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EXHIBIT C



1 46,000 48,650 50,550 52,500 54,450 56,400 58,300 2 46,400 49,050 50,950 52,900 54,850 56,800 58,700 3 46,900 49,550 51,450 53,400 55,350 57,300 59,200 4 47,675 50,325 52,225 54,175 56,125 58,075 59,975 5 48,705 51,355 53,255 55,205 57,155 59,105 61,005 6 49,830 52,480 54,380 56,330 58,280 60,230 62,130 7 51,530 54,180 56,080 58,030 59,980 61,930 63,830 8 53,230 55,880 57,780 59,730 61,680 63,630 65,530 9 55,230 57,880 59,780 61,730 63,680 65,630 67,530

10 57,230 59,880 61,780 63,730 65,680 67,630 69,530 11 59,485 62,135 64,035 65,985 67,935 69,885 71,785 12 61,225 63,875 65,775 67,725 69,675 71,625 73,525 13 63,925 66,575 68,475 70,425 72,375 74,325 76,225 14 66,640 69,290 71,190 73,140 75,090 77,040 78,940 15 69,325 71,975 73,875 75,825 77,775 79,725 81,625 16 72,730 75,380 77,280 79,230 81,180 83,130 85,030


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APPENDIX A Miscellaneous Salary Provisions

I. Extended Contract Employees

A. Elementary and middle school guidance counselors shall be required to work ten (10) additional days beyond the contracted school year. The additional days shall be scheduled between August 15 and June 15 each year.

B. High school guidance counselors shall be required to work twelve (12)

additional days beyond the contracted school year. Ten (10) additional days shall be scheduled between August 15 and June 15 each year. Two (2) additional days shall be scheduled between June 15 and August 15 each year and shall be scheduled in accordance with arrangements made between each guidance counselor covered by this provision and the building principal.

C. The Home and School Visitor shall be required to work ten (10) additional days

beyond the contracted school year. The additional days shall be scheduled between August 15 and June 15 each year.

D. The salary paid to each extended contract employee for each day beyond the

contracted year for all professional employees (as detailed in Appendix C, Part I) will be computed as follows: each individual will be paid according to his placement on the appropriate salary schedule, plus he will receive additional compensation equal to his individual per diem times the number of contracted days in excess of the contracted days for other professional employees.

E. The only change to the August 15 to June 15 time period would be as a result of

extending the school calendar because of cancellation of school. II. Newly Employed Professional Employees

A. All professional employees hereafter employed shall be offered a salary appropriate for their preparation and experience. Full time teaching in public, private, and parochial schools shall be credited at a value agreed upon by said employee and the District.

B. All professional employees hired for the term of this contract will be placed on

the appropriate salary schedule. Initial placement on the salary schedule will be determined by individual negotiations between the new employee and the District at the time of employment. Years of previous experience will not necessarily equate to a corresponding step on the schedule (i.e. a person with ten (10) years of previous experience will not necessarily be placed on step 10 of the schedule). Furthermore, professional employees who begin teaching duties during the term of this agreement will qualify for a horizontal step to the Masters Degree category on the salary schedule if the employee obtains a Masters Degree in education or in a related field which is pre-approved by the District in writing.


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III. Supplemental Contract

Each professional employee will receive a supplemental contract one (1) week before the first pay of each year. If a successor Professional Negotiations Agreement has not been ratified by all parties at least two weeks prior to the first pay of the fiscal year, the supplemental contract will be provided to each professional employee one (1) week before the next pay that is at least two weeks after the contract has been ratified by the Association and the District.

IV. Credit for Military Service

All professional employees who have had military service shall be given recognition for not more than two (2) years of such service. If a professional employee has been credited with military service in the past, additional credit will not be given for service prior to certification.

V. Pay Days

A. Professional employees will be paid twenty-six (26) times per year on alternate Fridays, using direct deposit of their check to financial institutions of their choice. If the Federal Reserve System is closed for a holiday that falls on a pay date, the pay date will be moved to the preceding business day.

B. Professional employees will have a choice of being paid bi-weekly over the

summer, or of receiving their summer salary in one (1) lump sum on the second regularly scheduled pay day in June of each year.

VI. Credit for Teaching and Evaluating Exceptional Children

Certified teachers of exceptional children teaching classes approved by the Department of Education for exceptional children and school psychologists responsible for evaluating potentially exceptional children shall receive a supplement to their salary of $500.00. The supplement does not become part of their permanent base salary; and it is intended to compensate for IEP development, testing, evaluation report writing, and end of year reports.

VII. Compensation for Extra Work

A. Professional employees shall not be required to perform work beyond the contracted work day or work year as set forth in this agreement. Any professional employee who performs such work at the request of the Employer shall be compensated at the rate of $31.00 per hour for the first year of this agreement, $33.00 per hour for the second year of this agreement, and $35.00 per hour for the third year of this agreement.

B. The following are not extra work and no compensation shall be paid to employees under the terms of this provision:

(1) Attendance at and participation in an open house activity.

(2) Attendance at and participation in any meetings regarding students held

outside the contract day to a cumulative maximum of three (3) hours. AgendaManager – Powered by the CAIU

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The District will attempt to notify the employee three (3) days in advance of said meeting, except in circumstances involving emergency situations (i.e. student disciplinary matters, crisis intervention, and critical health issues). The three (3) days’ notice requirement will be waived if all parties agree to said meeting.

(3) Attendance at and participation in two regularly scheduled meetings

per month from September through May (with the exception of December which will have one meeting). These meetings are not to exceed one hour in length beyond the contracted day. It is understood that the District will notify the professional staff in September of the dates of the scheduled meetings, and it is further understood that in the event a meeting has to be cancelled, the professional staff will be given five (5) working days’ notice for the rescheduling of that meeting.

(4) Attendance at and participation in required Induction Program meetings and trainings for all new professional employees. These meetings and trainings will not exceed more than five (5) working days during the first full school year of employment.

C. Such extra work and extra compensation shall be accounted for and paid to

each employee on a bi-weekly basis.

D. Members of the bargaining unit may elect to voluntarily serve on committees or to provide services for the District without compensation. Members of the bargaining unit may decline to provide services to the District without an impact on the member’s annual performance evaluation.

VIII. Post-Baccalaureate Work

The District will reimburse full-time professional employees for tuition paid by said professional employees for earned graduate credits, subject to the following provisions:

A. The District will reimburse tuition paid for courses under the following

conditions: (1) Courses necessary to obtain permanent certification from the Pennsylvania

Department of Education;

(2) Additional credits needed beyond courses for permanent certification to obtain a Master’s degree;

(3) Courses within a graduate program for full-time professional employees who do not have a Master’s degree in an educational-related field; and

(4) Courses that are part of a graduate degree or certification program for those employees who were enrolled in such a program as of July 1, 2013.


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B. All allowable graduate credits earned by a professional employee during the term of this agreement will be reimbursed at up to 75% of the Penn State University Harrisburg Campus in-state all other programs graduate tuition rate per credit hour applicable to the semester in which the course is taken. The District will reimburse the professional employee allowable tuition costs (i.e. no fees).

C. The maximum number of graduate credits for which a professional employee

will receive reimbursement in a given year (July 1 to June 30) is twelve (12). The date posted as the completion date for the course, will determine in which year (July 1 to June 30) those graduate credits will be posted.

D. Requests for reimbursement shall be submitted to the Superintendent within

thirty (30) calendar days after the completion of the course, the failure to abide by this may result in delayed reimbursement. Reimbursement checks will be issued after receipt of a fully completed request for reimbursement within thirty (30) calendar days after presentation to the Superintendent of (1) a receipted invoice and (2) a transcript showing successful completion of the course or courses and credits earned. Failure to submit requests for reimbursement within twelve (12) months of the date of completion of the course will result in forfeiture of the right to reimbursement.

E. Courses must be successfully completed and passed with a minimum grade of

“C” (or “Pass” for Pass/Fail courses) and otherwise satisfactorily completed according to the standards of the accredited college or university.

F. Employees shall notify the Superintendent in advance of enrolling in a

certification or graduate degree program. The enrollment form must be filed with the Superintendent prior to course pre-approval.

G. All credits submitted for tuition reimbursement must be pre-approved by the

Superintendent at least two weeks prior to the start date of the program. Only the following credits will be eligible for reimbursement: courses directly related to education or courses related to the area of the employee’s specialization taken for full graduate credit at an accredited college or university, including on-line graduate courses if they are a part of a master’s or doctoral degree or certification program recognized by the Pennsylvania Department of Education or otherwise approved by the Superintendent. Full time on-line graduate programs do not qualify for tuition reimbursement or column advancement under this agreement unless approved by the Superintendent. Continuing Professional Education (CPE) courses do not qualify for reimbursement under this agreement and will not be accepted for column advancement on the salary schedule. Reimbursement for CPE credits or units will be addressed in the District’s Professional Education Plan and is contingent upon available grant funding as determined by the Employer. No tuition reimbursement shall be paid for repeated courses.

H. Professional staff members will be permitted to advance only one column on

the salary schedule per school year. Only credits earned through an approved or accredited college or university recognized by the Pennsylvania Department of Education and approved by the Superintendent will be accepted for column advancement on the salary schedule. All paperwork for horizontal movement


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on the salary schedule must be completed and submitted by July 31 prior to the school year for which that salary increase is to take effect. The employee must notify the District of his intent to move horizontally on the salary schedule in the upcoming year at least thirty (30) days prior to the date when the preliminary budget must be advertised for public inspection so that an allowance can be made in the budget for the increase in salary.

I. A professional employee who is on an approved professional development leave

will be permitted to take eighteen (18) graduate credits per year (July 1 to June 30) at maximum reimbursement, if credits are needed to obtain a Master’s Degree, permanent certification, or are part of an approved graduate degree or certificate program approved as of July 1, 2013.

J. An employee on sabbatical leave for health reasons, child rearing leave, or

otherwise on paid or unpaid leave for health reasons shall not be eligible for tuition reimbursement.

K. If during the term of this agreement, a professional employee voluntarily leaves the District, the employee will be required to repay the educational reimbursement paid by the District during the prior twenty-four (24) months up to a total of twenty-four (24) credits. Professional employees leaving the employment of the District for purposes of retirement, reasons of health, or termination by the District are excluded from this requirement.

L. Equipment and/or materials received by a professional employee that were included in the cost of the course’s tuition and that tuition was reimbursed by the District shall become the property of the District. Professional employees who receive such goods must submit the equipment and/or materials to the District to be included in the District’s inventory.

IX. Professional Development

In addition to the professional development opportunities that the District schedules for professional employees on the staff development days of the approved District calendar, the District will make available other professional development opportunities to enable professional employees to earn sufficient continuing education credits to maintain state certification. Activities that are not scheduled by the District will be subject to prior approval and conditioned on available funding in the District’s approved annual budget. All professional development activities not scheduled by the District must be related to the employee’s area of instruction or be consistent with the District’s Professional Education Plan and must be approved by the Superintendent, or his/her designee, prior to registration. If approved by the Superintendent or his/her designee, the District will pay the registration fee for seminars, workshops and conferences at the time of registration provided that the request for registration is provided to the District at least two (2) weeks prior to the deadline for registration. The professional employee must provide a written summary of what he/she has learned and how the activity will be applied to his/her respective duties within the District at the conclusion of the activity. Preference will be given to those seminars, workshops and conferences that are scheduled outside of the school calendar in order to avoid conflicts with substitute coverage.


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In addition, professional employees may be eligible to take and be reimbursed for graduate credits for professional development purposes only subject to the terms and conditions outlined herein. If pre-approved, the District will reimburse professional employees who have obtained a Master’s degree and are not enrolled in a graduate degree or certification program for the cost of tuition at up to 75% of the Penn State University Harrisburg Campus in-state all other programs graduation tuition rate applicable to the semester in which the course is taken for three (3) graduate credits annually up to a maximum reimbursement for twelve (12) graduate credits when combined with the language in Section XIII for Post-Baccalaureate Work. Enrollment in the course must be pre-approved by the Superintendent at least two weeks prior to the start date of the course. Employees must successfully complete the course with a minimum grade of “C” (or “Pass” for Pass/Fail courses) in order to seek reimbursement from the District. Employees shall not be permitted to use courses that fall under this section for column advancement on the salary schedule. If an employee who has obtained a Master’s degree and is not enrolled in a graduate degree or certification program approved by the District wishes to seek column advancement for graduate courses he/she should not seek reimbursement from the District for the cost of tuition. The District shall have sole discretion for the approval of all professional development activities.

X. National Teacher Certification

A. Teachers who attain National Board Certification as defined by the National Board for Professional Teaching Standards shall receive an additional non-cumulative stipend of $1,500.00 per year for each year that the National Board Certification is maintained.

B. The payment of necessary assessment and enrollment fees for initiation and maintenance of National Board Certification, beyond fees reimbursed to the employee through state or nationally funded initiatives for the initial assessment for certification, shall be the responsibility of the employee.


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APPENDIX B Other Employee Benefits

I. Description of Health Care

A. The District shall offer medical and prescription drug coverage to eligible full-time professional employees of the District wishing to elect such coverage during the term of this agreement. The District shall provide such coverage through an independent licensee of the Blue Cross Blue Shield Association (BCBSA). The coverage type shall be a Preferred Provider Organization (PPO) arrangement, in which such coverage shall satisfy the requirements of a Qualified High Deductible Health Plan (HDHP), as defined by the United States Department of the Treasury and Internal Revenue Service.

During the term of this agreement, the District will deposit into the health savings account of each eligible full-time professional employee electing medical and prescription coverage the amount necessary so that the employee’s responsibility toward the deductible is as follows:

Single $ 500

Two Adults $1,000 Parent & Child $1,000 Parent & Children $1,500 Family $1,500

The District may offer an alternative medical and prescription drug coverage plan to eligible employees of the District wishing to elect such coverage. If the District provides such coverage, the employee’s cost sharing would be adjusted equal to the change in premium.

B. The District shall provide dental coverage to eligible full-time professional

employees of the District who elect medical and prescription coverage during the term of this agreement. The dental coverage shall be of like kind and quality in scope to the coverage offered during the 2014-2015 school year.

C. The District shall provide vision coverage to eligible full-time professional employees of the District who elect medical and prescription coverage during the term of this agreement. The vision coverage shall be of like kind and quality in scope to the coverage offered during the 2014-2015 school year.

D. During the term of this agreement, the District may elect to offer health insurance coverage through an alternative health care administrator, self insure the above specified coverage, join a consortium to provide such coverage, and/or utilize the services of a Third Party Administrator in the provision of such coverage and processing of claims. During the term of this agreement, if the District is required to alter benefit levels or terms of coverage by governmental mandate or changes dictated by the carrier, the District will provide at least thirty (30) days notice to the Association prior to enactment of the change. During the term of this agreement, if the District wishes to make other changes to benefit levels or terms of coverage, the District will (1) present the details AgendaManager – Powered by the CAIU

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regarding the change to the Association; (2) provide a reasonable time for the Association to analyze the proposed change; and (3) meet and discuss the proposed change with the Association, resulting in a Memorandum of Understanding. In addition, the District may elect to discontinue any health care plan for active employees if less than fifteen percent (15%) of the active employees within the bargaining unit are enrolled in the said health care plan in any coverage year.

E. The District will only provide health care coverage to an eligible full-time professional employee’s spouse if the spouse does not have health care coverage available through his/her employer. The employee and his/her spouse must certify that coverage is not available and must also authorize the District to verify the coverage status of the spouse.

If the spouse does have coverage available, the employee may obtain coverage for his/her spouse from the District by purchasing such coverage at 100% of the additional cost.

F. During the term of this agreement, an eligible full-time professional employee

of the District is permitted to make changes to the cited plan in his/her elected health care coverage during the open enrollment period, June 1st to June 15th of each year. Whereas, the benefits an eligible employee of the district wishes to elect cannot be changed or revoked except during open enrollment unless by reason of a qualified change in status (i.e. marital status, change in dependents, employment change of spouse).

G. During the term of this agreement, the employee cost share will be determined on the basis of a five-tier structure: single coverage (employee only); two adults (employee and employee’s spouse); parent and child (employee and one eligible dependent); parent and children (employee and more than one eligible dependent); and family coverage (employee and employee’s spouse and eligible dependent(s)). Each employee participating in the health care program shall pay the applicable bi-weekly cost sharing for his/her elected plan and level of coverage. The bi-weekly cost sharing shall be made through employee payroll deductions and be as follows for the 2015-2016 school year:

Single $16 per pay Two Adults $38 per pay Parent & Child $31 per pay Parent & Children $43 per pay Family $46 per pay

Beginning with the 2016-2017 school year, the bi-weekly cost sharing shall be 6% of the health care coverage costs per pay. The employee’s responsibility for cost-sharing will be capped at a 15% increase in benefit costs between years.


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Specifically, cost-sharing will not exceed the amounts noted below:

2016-2017 2017-2018 Single $19.00 per pay $21.50 per pay Two Adults $42.00 per pay $47.50 per pay Parent & Child $33.50 per pay $37.50 per pay Parent & Children $47.00 per pay $53.50 per pay Family $51.50 per pay $58.50 per pay

H. The following rules shall apply when an eligible employee and their spouse are

both employed by the District:

(1) If the employee and spouse do not have any eligible dependent children, they will be enrolled in the coverage that results in the lowest total cost to the District, i.e. each be enrolled in single coverage or be enrolled in Two Adult coverage. The cost sharing required by the employees will be whatever results in the lowest cost to them, regardless of which coverage is used.

(2) If the employee and spouse have dependent children who are eligible for health care coverage, they will both be enrolled in the combination of coverage that results in the lowest total cost to the District. The cost sharing required by the employees will be whatever results in the lowest cost to them, regardless of which coverage is used.

I. Eligible full-time professional employees that voluntarily elect to waive

participation in the School District’s health care plan for an entire coverage year shall receive a payment of $3,000 per year or a pro-rated amount for a portion thereof. In order to be eligible to receive this payment, the employee’s spouse may not be employed by the School District, and the employee must provide evidence that he/she is covered by another health care plan. This amount will be paid in monthly installments. The employee has the option to review his/her decision annually and may re-enter the District’s health care program during the open enrollment period specified in paragraph F.

J. During the 2015-2016 school year, the District will offer full-time professional employees enrolled in the District’s health care coverage an opportunity to complete an electronic health risk assessment. Eligible employees who complete the health risk assessment will receive an additional one-time deposit of $500 from the District into their health savings account no later than one month following notification of completion of the assessment.

II. Retirement / Health Care Benefits

A. An employee who has taken superannuation retirement, has retired with thirty (30) or more years of credited service in PSERS or has taken disability retirement may continue to purchase the District’s coverage after retirement until the month in which he/she turns sixty-five years of age or until he/she is covered by another plan. If a retiree is eligible to be covered as an employee by another employer-provided health plan, he/she will not be eligible to remain enrolled in the District’s plan during that period of eligibility. However, the retiree will be eligible to be reinstated in the District’s plan whenever eligibility for coverage in


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the other employer-provided health plan ceases. Coverage will be purchased at the COBRA rate, unless the retiree qualifies for District-subsidized health care coverage as addressed in paragraphs B and C, and will be the coverage that is provided to the majority of the District’s active employees.

B. An employee with at least thirty (30) years of service in PSERS and at least

twenty-five (25) years of full-time credited service in the Middletown Area School District at the time of his/her retirement and who has attained the age of 55; qualifies for normal, not disability retirement, with PSERS; and qualifies for, receives, and continues to receive reimbursement of health care services from PSERS, will be entitled to receive District-subsidized health care coverage, including dental and vision coverage and health savings account funding that is provided to the majority of active employees during each year that the coverage is provided until such time as the retiree becomes eligible for Medicare or other federally managed health care coverage or until the retiree is covered by another employer-provided plan. If a retiree fails to qualify for District-subsidized health care coverage during a period of time when he/she is eligible to be enrolled in another employer-provided health plan, the retiree may resume qualification for District-subsidized health care coverage when eligibility for the other employer-provided plan ceases.

C. An employee who retires under this agreement and meets the requirements in

paragraph B shall pay $100 per month in cost sharing plus the amount of cost sharing paid by active single-coverage professional employees up to a maximum of an additional $100 per month toward the District-subsidized health care cost. If the Commonwealth increases the maximum monthly health care reimbursement for eligible school retirees from $100 per month to a higher monthly amount, the monthly premium shall be immediately increased to that new higher amount. The retiree will remain responsible to pay the amount of cost sharing paid by active single-coverage professional employees up to a maximum of $100 per month in addition to the reimbursement received from the Commonwealth.

D. Family members of the employee participating in the District health care

coverage upon retirement may enroll in the benefits at the time of the employee’s retirement and will be responsible to pay the appropriate rate.

III. Accumulated Sick Leave Payment

A. Upon retirement, a professional employee with ten (10) or more years of service in the Middletown Area School District shall be reimbursed for unused and accumulated sick leave in the amount of $50 per unused sick day.

B. Compensation for accumulated sick leave shall not exceed $7,000 for the term of this agreement.

C. The District agrees to deposit all lump sum amounts, due the employee upon

retirement, into an established and authorized 403(b) tax sheltered account of the employee’s choosing.


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IV. Group Life Insurance

A. The District shall provide at its expense a term life insurance policy upon the life of each regularly employed full-time professional employee. The policy shall have a $50,000 death benefit and each employee shall have the full authority to designate beneficiaries thereof. The payment of any death benefit shall be governed by the terms of the insurance contracts.

B. For the term of this agreement, the District shall make available to each

regularly employed professional employee at said employee’s cost additional life insurance at the prevailing group rate. Each employee’s bi-weekly premium will be deducted from his/her paycheck. The amount of additional insurance shall be designated by the employee subject to the provisions of the District’s group policy and such additional requirements as may be imposed by the insurer.

V. Leaves

A. Personal Leave

Two (2) days of personal leave per school year shall be provided for all professional employees. Said leave may be accumulated to a maximum of five (5) days. All unused personal leave days past five (5) shall be added to the employee’s accumulated sick leave. Additionally, for the term of this agreement, employees who have more than ten (10) years of credited service with the Pennsylvania Public School Employees’ Retirement System (PSERS) shall be provided with one (1) additional personal leave day per school year. Employees will not be permitted to use personal leave during the first week of instruction, or on any staff development day prior to the first day of school, or during the last five (5) instructional days of the school year. The number of days between the first staff development day and the first instructional day shall not exceed more than seven (7) calendar days, exclusive of days required for room preparation, without mutual agreement between the District and the Association. The foregoing restrictions notwithstanding, personal leave not to exceed three (3) days during the first week of instruction, or on any staff development day prior to the first day of school, or during the last five (5) instructional days of the school year may be used for purposes of attending or participating in a major event involving a member of the employee’s immediate family, the scheduling of which is not within the discretion or control of the employee. A “major event” is intended to include, by way of example and not limitation, weddings and graduation or commencement activities. “Immediate family” shall be defined as father, mother, brother, sister, son, daughter, husband, wife, parent-in-law or near relative who resides in the same household, or any person with whom the employee has made his home. Further, the District may restrict the number of employees taking personal leave per day to ten percent (10%) of the number of professional employees in each school building. A fraction of a person shall be deemed one person for the purpose of this provision.


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The foregoing restrictions shall not apply in the event that the personal leave is used for the purpose of extending the length of the employee’s absence from duty for reasons permitted by Section 1154 (b) and (c) of the Public School Code, as amended.

B. Association Leave

The Association shall be granted three (3) leave days per year to be used by such member or members of the Association as it shall designate for the sole purpose of conducting Association business at state and required PSEA conventions and seminars. The Association shall notify the District of the identity of the Association member or members designated to use such leave and the date or dates of the scheduled leave at least one week prior thereto.

C. Jury / Legal Leave

Employees in the bargaining unit who are called to jury duty or who are subpoenaed to give testimony as a witness before a legally established judicial or administrative tribunal will be granted paid leave for such purpose in accordance with Board policy. During such leave the employee shall be considered as being in regular daily attendance and shall suffer no loss of salary, benefits, etc. as a result of such leave. During this leave the District will pay the employee his/her regular daily salary. The employee shall submit to the District any fees paid received by the court exclusive of reimbursement for mileage.

D. Professional Development Leave

Employees in the bargaining unit shall upon request be granted one (1) year leave of absence without pay for the purpose of engaging in a course of study at an accredited college or university. Said course of study must be related to the employee’s current professional responsibilities. Requests for such leave must be submitted to the District by March 1 prior to the scheduled commencement of the period of leave. No more than three (3) members of the bargaining unit shall be granted such leave in any school year. Such leave shall coincide with the academic year as set forth on the school calendar adopted by the District. An employee on an approved unpaid study leave of absence may elect to continue the health care coverage and life insurance coverage provided to full time employees at his expense. Provided that the employee returns to full time employment with District following the conclusion of the approved unpaid study leave, the District will reimburse the employee for health insurance premiums and life insurance premiums paid by the employee. Employees returning from professional development leave may be assigned any position for which they are certified.


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E. Sick Leave Bank

Purpose: The Sick Leave Bank is for participating members of the bargaining unit who have a long-term continuous absence necessitated by a serious illness, disability, or accident of the employee. Membership:

(1) All members of the bargaining unit are eligible to become members of

the Sick Leave Bank through the voluntary and irrevocable donation of three (3) days of accumulated sick leave to the Sick Leave Bank.

(2) All days voluntarily contributed to the Bank belong to the Bank. There shall be no voluntary contribution of accumulated personal sick leave in excess of the three (3) days required for membership and days assessed for utilization.

(3) Any bargaining unit member joining the Bank who was eligible to join previously, and did not, must contribute the initial three (3) days plus any past assessment days contributed by members to the Bank (with equivalent service) since the Bank’s inception.

Utilization: When the Bank has been utilized twenty-five percent (25%), members will contribute one (1) additional day. Review Committee: Use of days from the Sick Leave Bank shall be determined by a Review Committee consisting of five (5) members:

(1) One administrator appointed by the Superintendent

(2) One member of the Board of Education

(3) Three bargaining unit members appointed by the President of MAEA:

one member from each of the following areas - Elementary, Middle School, and High School, the President of the Association, or his designee, being one of the above.

Withdrawal Procedure:

(1) Requests for use of days from the Sick Leave Bank by members shall be

made in writing to the Review Committee c/o the President of the Association. The request must include the nature of the illness or disability and a physician’s statement certifying that the member is unable to perform his normally required duties.


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(2) All accumulated sick leave and personal leave must be used before an individual is eligible for any Sick Leave Bank days.

(3) Approval of a request for withdrawal of days from the Sick Leave Bank will be granted upon the vote of a majority of the members of the Review Committee.

Distribution of Days from the Sick Leave Bank:

(1) Seventy-five (75) days may be withdrawn from the Bank in a school year

by members of the Bank who have been approved by the Review Committee. If a maximum of seventy-five (75) days is utilized by a member, that member cannot request additional days for one (1) calendar year after the date that the 75th day is used.

(2) Use of days will be granted in fifteen (15) day intervals. Members must re-apply every fifteen (15) days.

Accounting:

(1) The Association and the Business Office shall maintain a current Sick

Leave Bank membership roster, effective October 15, 1989, and reviewed each October 15th thereafter.

(2) All Sick Leave Bank members will be notified annually on their Supplemental Contract of their membership.

(3) No Employee shall be permitted to file a grievance against the School District in connection with the operation of the Sick Leave Bank unless that grievance is based upon an alleged failure of the District to pay the Employee for sick leave from the Bank after approval has been received.

F. Extended Illness

Employees in the bargaining unit who have exhausted all available paid leave and who are unable to work because of illness or injury shall be granted a leave of absence without pay for the duration of such illness or injury or one (1) year from the date the available paid leave was exhausted, whichever is shorter. Employees returning from extended illness leave may be assigned any position for which they are certified.

VI. Tax Sheltered Annuity

The plan shall be available to all full-time professional employees of the District by means of payroll deduction. An employee must establish an account with an approved vendor and representative and submit a salary reduction agreement in order to begin contributions into the plan. The amount of the contribution by the employee may be changed or stopped by submitting a revised salary reduction agreement.


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VII. Additional Payroll Deductions

The additional payroll deductions listed below shall be available to employees as long as there is sufficient participation in the deductions among all employees to not be cost prohibitive. Should the District determine that there is insufficient participation resulting in a deduction being cost prohibitive, the Association will be notified and afforded an opportunity to discuss the proposed change. A. United Way B. PSEA Dues and Dues of the Bargaining Unit C. Credit Union D. Christmas Club E. Vacation Club F. Tax Sheltered Annuity Plan G. Benefit Cost Sharing H. Retirement Purchase of Service I. One for the Kids J. Additional Life Insurance K. AFLAC Accident Insurance L. AFLAC Cancer Insurance M. Flexible Spending Account – Dependent Care Costs N. Additional Funding of Health Savings Account O. Short-Term Disability Insurance P. Long-Term Disability Insurance Q. Others as determined by the parties during the term of the agreement.


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APPENDIX C Hours of Work and Other Conditions of Employment

I. Length of Contracted School Year

Professional employees shall work 190 days, except for those employees that work extended contracts as detailed in Appendix A, Section I. As part of the total contracted days, professional employees will be provided with one-half (1/2) day in the second semester of each school year for the purpose of classroom preparation.

II. Length of Work Day

The length of the work day for all professional employees shall not exceed seven and one-half (7-1/2) hours inclusive of a thirty (30) minute duty-free lunch period.

III. Planning and Preparation Time

Each member of the bargaining unit with instructional responsibilities will be provided 160 minutes of planning and preparation time per four (4) day cycle at the elementary and high school levels and 240 minutes of planning and preparation time per six (6) day cycle at the middle school level. Planning and preparation time will be scheduled in blocks that are consistent with class periods. Planning and preparation time includes such items as time for writing lesson plans; making parent phone calls; post-observation conferences; grade level, subject matter and other common planning meetings; and teacher initiated parent meetings. IEP meetings, District initiative trainings, and/or principal initiated meetings may be scheduled during the employee’s planning and preparation time with the agreement of the affected employee. When a member of the bargaining unit is not afforded with planning and preparation time, the member of the bargaining unit will be compensated for all lost minutes within the cycle at the rate for extra work. On those days when the regular schedule is not followed and this causes the elimination of the planning and preparation time, then any scheduled planning time for that day will be lost.

IV. District Provided Facilities

The District will provide lunchroom, restroom, lounge and lavatory facilities for employee use.

V. Medical Examinations

All medical examinations and tests related to the application process shall be paid by the applicant.

VI. Access to Buildings

The President of the Association shall be allowed to visit schools, before and after school, and at other times as approved by the Superintendent to investigate working conditions, professional employee complaints or problems, or for other purposes relating to Association affairs. If the President desires a conference with the Principal, he will attempt to provide a twenty-four (24) hour advance notice of his visit.


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VII. Access to Personnel Files

A. Employees shall have the right, upon request, to review the contents of their personnel file and to receive copies of any documents contained therein. Employees shall be entitled to have a representative of the Association accompany them during such review.

B. Professional employees shall have the right to submit a written reply to any material placed in their file and such written material shall be attached to the item in the file. No unsigned or improperly identified item shall be placed in an employee’s file.

C. The examination of a professional employee’s file shall be limited to qualified professional supervisory personnel.

D. No material critical of the employee or his performance shall be placed in an employee’s file without prior, written notice to the employee including a copy of the material to be placed in the file.

VIII. Notification of Intent to Retire

A. Professional employees who intend to retire in a given year of this agreement must provide written notice of their intent to retire at least sixty (60) days prior to the intended day of retirement unless a successor Professional Negotiations Agreement has not been reached and the professional employees provide notice of their possible intent to retire at the end of the final year of the agreement on or before June 1 of that year and subsequently provide irrevocable notice of retirement within thirty (30) days of their notice of intent.

B. A retirement incentive will be provided to professional employees that qualify

for the accumulated sick leave payment who provide irrevocable notice of retirement on or before January 31 of the retirement year or within thirty (30) days of providing intent to retire in accordance with paragraph A. The amount of the incentive will be $50 for all unused and accumulated sick days not already compensated in Section III of this Appendix if irrevocable notice of retirement is provided on or before January 31 of the retirement year and shall not exceed $8,000 ($15,000 in total when combined with accumulated sick leave payment). The amount of the incentive will be $40 for all unused and accumulated sick days not already compensated in Section III of this Appendix if irrevocable notice of retirement is provided after January 31 of the retirement year, but within thirty (30) days of providing a notice of intent in accordance with paragraph A and shall not exceed $6,400 ($13,400 in total when combined with accumulated sick leave payment). The provision for a retirement incentive for irrevocable notice of retirement after January 31 of the retirement year only applies to the final year of the Professional Negotiations Agreement. This incentive will be deposited into a 403(b) account on behalf of the employee.


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IX. Long-Term Substitutes

A. Long-term substitutes working for the entire school year will be paid Bachelors, Step 1 on the MAEA salary schedule beginning with the first day of the assignment and receive the benefits (except tuition reimbursement) included in the MAEA agreement. If the long-term substitute is subsequently employed as a temporary professional employee in the following school year, he/she will be granted one (1) year of service credit for each consecutive year of service in this category and will be placed on the salary schedule at the same step as other professional employees with equal years of service. Long-term substitutes in this category are required to participate in an induction program and attend all in-service and monthly meetings as part of their salary.

B. Long-term substitutes working less than the school year, but forty-five (45) days or more in the same position will be paid a daily rate of $175 beginning with the first day of the assignment with no benefits or leave accrual.

Long-term substitutes in this category will participate in all in-service and monthly meetings that occur during the term of their assignment with no additional compensation beyond the daily rate.

C. Long-term substitutes working less than the school year, but scheduled to work

more than twenty (20) days and less than forty-five (45) days in the same position will be paid a daily rate of $125 beginning with the first day of the assignment with no benefits or leave accrual. Long-term substitutes in this category will not participate in in-service and monthly meetings that occur during the term of their assignment with no additional compensation beyond the daily rate, unless otherwise directed by the Superintendent.


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APPENDIX D Meet and Discuss Items

The parties agree that a committee shall be constituted to analyze, discuss and work toward solutions acceptable to the District and Association with regard to common concerns including, but not limited to the following items:

Teacher and School Work Year

Teacher Hours

Teacher Load

Teaching Conditions

Class Size

Rights of Professional Employees

Rights of the Association

Non-Teaching Duties

Professional Qualifications and Assignments

Vacancies and Transfers

Employee Evaluation

Illness and Disability

Health Insurance Cost Resulting in the Application of Section 9001 of the Patient Protection and Affordable Care Act and Education Reconciliation Act (collectively referred to as the “Affordable Care Act”)

Temporary Leaves of Absence

Professional Development and Educational Improvement

Sabbatical Leaves and Substitutes

Protection of Teachers, Students and Property

Maintenance of Classroom Control and Discipline

Personal and Academic Freedom

Curriculum Development

Progressive Discipline Policy

Pay Scales, Duties, Responsibilities of the following: o Extracurricular Activities (sports) o Department Heads o Intramural Sports o Clubs o Class Advisors o Emergency and Disaster Administrative Plan – MASD; Annex A –

Radiological Emergency Response Plan for the Middletown Area School District for Incidents at the Three Mile Island Nuclear Station

In the event solutions are found which are acceptable to both parties, the District agrees that said solutions will be considered by the Board of School Directors, and if adopted will be included in the Board Policy Book under the section so titled. It is the intent of the parties in this Appendix that they will act in good faith and solutions agreed upon by both parties will be implemented and adopted, either after a reasonable trial period or immediately if no trial period is deemed necessary by the parties, at the Board meeting next following the solution if immediately adopted and/or next following the trial period, if used.


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It is the further intent of the parties in this Appendix that the making or changing of Board Policy is a right reserved to the Board and this action is not intended as a limitation thereof. However, it is intended hereby that the full resources of the Board and the Professional Personnel of the District be brought to bear on these mutual concerns. The committee shall be composed of Association representatives, Superintendent of Schools, and appropriate Administrative personnel. The parties may request the presence of a member of the Board of Education as deemed appropriate to do so. The committee will meet periodically during the school year as the need arises.


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APPENDIX E Grievance Procedure

The parties to this agreement agree that an orderly and expeditious resolution of grievances arising out of the interpretation of this agreement shall provide for a three (3) or four (4) step process as described in the following paragraphs.

A. Step I: The person or persons initiating the alleged grievance shall present the grievance, in writing, and on a form jointly approved by the District and the Association, to the building principal or other first level supervisor within ten (10) working days after its occurrence.

The building principal or other first level supervisor shall, if requested, or if he deems necessary, conduct a conference with the parties affected within five (5) working days after initial presentation of the grievance. Any person or persons involved who are members of the bargaining unit shall have the right to representation by the Association. The building principal or other first level supervisor shall send his reply to the grievance in writing to the parties affected within ten (10) working days after the initial presentation of the grievance.

B. Step II: If the action in Step I above fails to resolve the grievance to the

satisfaction of the affected parties, within five (5) working days after receipt of the Step I decision, the matter will be referred in the same manner to the Superintendent. The Superintendent shall follow the same procedures as in Step I in an attempt to resolve the grievance.

C. Step III: If the action in Step II fails to resolve the grievance to the satisfaction of

the affected parties, the grievance shall be referred to the Board of Education at its next regularly scheduled meeting at which time all parties affected shall have the opportunity to be heard.

The Board of Education shall present its reply to the parties affected at or before its next regularly scheduled meeting.

D. Step IV: If the action in Step III fails to resolve the grievance to the satisfaction

of the affected parties, within thirty (30) working days, the Association may refer the grievance to binding arbitration as provided in Section 903 of the Act.

If the grievance fails to meet the criteria of Section 903 of the Act, the decision of the Board of Education in Step III shall be final. Notwithstanding the foregoing, the parties may, by agreement, place initial consideration of a grievance at any of the identified steps, or at the step at which authority to respond exists, so as to facilitate the expeditious review of and action upon such grievance.


MASD Contract_2015_2018

Documents

Transcript of MASD Contract_2015_2018