BOARD OF TRUSTEES
EUREKA SCHOOL DISTRICT No. 13
2016-2017 & 2017-2018
Table of Contents
ARTICLE 1: PREAMBLE
ARTICLE 2: EMPLOYEE RIGHTS
A. PERSONNEL FILES
C. DISCIPLINE AND DISCHARGE
ARTICLE 3: ASSOCIATION RIGHTS
B. USE OF BUILDINGS
ARTICLE 4: BOARD RIGHTS
ARTICLE 5: DUES DEDUCTION
A. NEW CONTINUING ENROLLMENT AUTHORIZATION
B. CONTINUING AUTHORIZATION
ARTICLE 6: ASSIGNMENT OF TEACHING PERSONNEL
A. TEACHING FIELD
C. FILLING VACANCY
ARTICLE 7: REDUCTION IN FORCE
ARTICLE 8: TEACHER DUTY
A. WORK YEAR
B. LUNCHTIME SUPERVISION
C. PLANNING PERIOD
D. ARRIVAL AND DEPARTURE
ARTICLE 9: EXTRA DUTY ALLOWANCE
A. EXTRACURRICULAR SCHEDULE
B. ASSIGNED DUTIES
C. EXTRA DUTIES
ARTICLE 10: LEAVE POLICY
A. SICK LEAVE
B. PERSONAL LEAVE
C. PAYBACK FOR UNUSED PERSONAL DAYS
D. EXTENDED PERSONAL LEAVE
E. PROFESSIONAL LEAVE
F. ASSOCIATION LEAVE
G. SABBATICAL LEAVE
H. LEAVE OF ABSENCE
I. MATERNITY, PARENTAL LEAVE, AND ADOPTIVE LEAVE
ARTICLE 11: ACADEMIC CREDIT STIPEND
A. ACADEMIC CREDIT STIPEND
ARTICLE 12: SEVERANCE PAY
B. RETIREMENT INCENTIVE
ARTICLE 13: COMMITTEES
D. CALENDAR COMMITTEE
ARTICLE 14: HEALTH INSURANCE
D. SECTION 125 PLAN
E. MAXIMUM CONTRIBUTION
ARTICLE 15: PROFESSIONAL EVALUATION
E. INADEQUATE PERFORMANCE
ARTICLE 16: GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINITION
B. GRIEVANT DEFINITION
D. PARTY OF INTEREST
ARTICLE 17: PROFESSIONAL COMPENSATION
A. SALARY SCHEDULE
B. EXPERIENCE CREDIT
D. ADDITIONAL PREPARATION
E. CREDIT REVIEW COMMITTEE
H. MASTER TEACHER AWARD
I. PROFESSIONAL RECOGNITION STIPEND
J. PRESENTING PROFESSIONAL DEVELOPMENT TO STAFF
ARTICLE 18: MISCELLANEOUS PROVISIONS
A. BOARD POLICY
C. INDIVIDUAL CONTRACT
E. MAINTENANCE OF STANDARDS
F. COPIES OF AGREEMENT
ARTICLE 19: RENEWAL CLAUSE
ARTICLE 20: DURATION OF AGREEMENT
APPENDIX A: EXTRA-CURRICULAR AND COACHING SALARIES
Appendix B: Salary Schedule
COLLECTIVE BARGAINING AGREEMENT
This Agreement entered into by and between the Board of Trustees of the Eureka Public Schools, District No. 13, hereinafter called the “Board”, and staff of the School District No. 13, who hold positions that require teacher certification, represented by the Tobacco Valley Education Association, MEA-MFT, hereinafter called the “Association” or the “Exclusive Representative”.
WHEREAS, the Board and the Association, recognizing that providing a quality education for the students of the District is their mutual aim and obligation, have negotiated according to the current laws and have agreed upon the following covenants.
Each teacher shall have the right, upon request, to review the contents of his/her personnel file. No material regarding a teacher’s conduct, service, character, or personality shall be placed in the file unless the teacher has had an opportunity to read said material and respond to and/or rebut said materials. This clause will not apply to materials the teacher previously forfeited the right to see, such as confidential recommendations. The personnel file is intended for the confidential use by the District itself in evaluating the performance of the teacher and none of its contents shall be released to any other person or agency without the permission of the employee.
A teacher has the right during any investigatory meeting to request the presence of an Association representative when the teacher has reason to believe that the District may take adverse personnel action against him/her as a result of the information gathered during such meeting.
No teacher shall be disciplined or dismissed during the term of his/her contract without just cause. No tenured teacher shall be terminated (non-renewed) without just cause, and the termination of non-tenured teachers shall be governed only by 20-4-206, MCA. The District will follow a policy of progressive discipline, which normally includes a warning, written warning, and suspension without pay. However, normal progressive discipline steps may be bypassed if the seriousness of the offense and/or the teacher’s work history so indicate.
The School District agrees to furnish to the Association upon request to the superintendent such information, or access to such information, as is not confidential and is available.
The Association shall have the right to use available school buildings for meetings at reasonable times exclusive of instructional hours.
The Association recognizes the Board’s authority and responsibility to manage and direct all operations and activities of the District to the full extent authorized by State Law under Title 39 and other such applicable statutes. The District reserves all such rights that are not specifically waived in this Agreement.
In accordance with Montana Law, the District shall deduct from salaries of employees such moneys for the Exclusive Representative as said employees individually authorize the District to so deduct. Commencing in October and each month thereafter, the District shall deduct in equal installments the moneys that the teacher has agreed to pay the Exclusive Representative during that period provided in the individual’s Continuing Enrollment Authorization.
Forms received by the District during the school year will be deducted in equal installments over the remaining monthly payments as described above. In order for the deduction of a newly enrolled member of the Exclusive Representative to be made for a given month, the Continuing Enrollment Authorization form must be received by the District no later that the fifth day of said month.
The Exclusive Representative will certify to the District the current rate of membership dues for each individual who are active members of the Exclusive Representative with an itemized listing of members and amounts.
The Association agrees to indemnify and hold harmless the District, the Board, the individual board members, and all administrators against any and all claims, suits, or other forms of liability, and all other costs arising out of the provisions of this Agreement between the parties for dues and fee deductions.
Employees covered by this agreement who do not choose to have Association dues withheld from their salary will have amount equal to twenty-five dollars per month deducted from their salary to be given to the Senior Scholarship Fund. It is understood that the intent of the contract language regarding the scholarship fund is that the TVEA will administer the fund and that 90% of the fund will be used directly as scholarships and the remaining 10% will be used to cover administrative costs of the program. It is also understood that 39-31-204, MCA covering religious objections allows the objectors to donate an equal amount to charity. Administration and the Association will select the charity.
Consistent with the regulations of the State Board of Education and the requirements of Accreditation of the State of Montana, teaching personnel may expect to be assigned positions within their teaching field.
Change of teaching assignment or transfer within the system shall be the responsibility of the administration. Interested teachers are encouraged to request changes in teaching assignments.
When filling a vacancy, preference shall be given to qualified personnel within the school system, depending on individual qualifications and the requirements of the vacant position.
Seniority shall mean the total years of continuous employment. A year shall begin with the first student day in the approved calendar. Teachers who are contracted to work less that a full year shall receive prorated credit for that year. By the end of December of each year, the District will update the Seniority roster which shall state for each tenured teacher the total seniority and the tenured teacher’s endorsements.
When the Board of Trustees determines the need for a reduction in the actual number of teaching positions, and after attrition and any reassignments the District may make, the District shall first reduce the number of non-tenured teachers. A non-tenured teacher may be bypassed in the event he/she is the sole possessor of the certification necessary for a remaining position. Should it become necessary to lay off one or more tenured teachers, the District shall lay off the least senior tenured teacher, unless such teacher is the sole possessor of the certification necessary for a remaining position.
Tenured teachers shall be placed on layoff status for three calendar years from the date of layoff, during which time they shall be recalled to any open position the District intends to fill by other than transfer, and for which the laid off tenured teacher is certified, in reverse order of layoff. The District shall recall a tenured teacher via return receipt mail addressed to the last known address, and the teacher shall accept the recall within fifteen calendar days of the posting of such notice. The teacher shall have thirty-one calendar days to return to work from the posting of the notice. Upon returning to work, the teacher will have restored his/her previously unused sick leave credits. The reinstated teacher shall not lose credit of any kind for previous years of service to the District and future seniority shall be calculated from the date of initial employment, but shall exclude those years not in service with the District. A failure to comply with these requirements shall be deemed a resignation, except that if the recall is to a position which is at least one hour per day less than the teacher’s last held position, the teacher may opt to remain on layoff status.
The basic duty year for regular full time teachers shall consist of no more than 187 days as scheduled on the school calendar.
Classroom teachers shall not be scheduled for supervision of students during their lunch period. All teachers shall receive a daily duty free uninterrupted lunch period of a minimum of forty minutes in length, except in cases of emergency.
Teachers for grades K through 6 will be given a planning period of two hours per week. The total time shall not include recess times. In case of grades 7-12 departmentalized staff, one class per day, based on a seven period class day, is guaranteed for planning. The 8:00-8:20AM and 3:25-4:00PM preparation time is not considered a part of the teacher’s planning period.
All faculty members will arrive at school not later than 8:00AM and leave not earlier than 4:00PM. Friday afternoons, special occasions, or permission from the administration are considered exceptions and teachers may leave as soon as buses leave.
In the event that an employee duty day is lost due to any emergency situation, the teacher’s shall perform duties on such other day as designated by the administration.
The extracurricular schedule is part of the school board policy. Inquiries should be made directly to the superintendent or school board.
Teachers may expect to be assigned to supervise/chaperone school dances or elementary music concerts within their major teaching assignment without pay.
Duties above and beyond the contracted time, i.e. Saturday school, serving on committees, and required meetings. Employee will complete a district timesheet to be pre-approved by their building administrator. Each hour served will earn an hour of compensation at a rate of (base/187x8) per hour.
If a teacher uses 0 personal days, they will be entitled to a maximum payback for 3 personal days.
If a teacher uses 1 personal days, they will be entitled to a maximum payback for 2 personal days.
If a teacher uses 2 personal days, they will be entitled to a maximum payback for 1 personal days.
If a teacher uses 3 or more personal days, they will not be eligible for any payback for personal days.
Teachers will be paid back for their personal days based upon current salary. Payback for personal days will be based upon a daily rate as dictated by individual teacher contract. Eligibility will be determined at the end of the year and calculated the same as described for sick-leave bank. (Art. 10, Sect. A-2).
The Board/superintendent may grant an unspecified number of extended personal leave days when warranted. Such leave shall be viewed as leave without pay or accrual of benefits.
Professional Leave is granted with pay to promote professional growth and includes educational workshops, clinics, science fairs, school visitations, etc. Necessary expenses incurred by the teacher may be reimbursed by the District. The administration may approve or disapprove such leave based on the needs of the District.
At the beginning of each school year, members of the Association shall be credited with nine days of leave to be used at the discretion of the Association, except that no more than five of these days may be used by any one officer or agent of the Association. The Superintendent may approve or disapprove such leave based upon the needs of the District. The Superintendent shall be notified no less than twenty-four hours prior to the time of such leave is to start. The person or persons on Association leave will receive the difference between salary and substitute pay when a substitute is used. The Association will reimburse the district or member for this difference.
The District shall budget $7,500 per fiscal year, district wide for classes taken by teachers at an approved college or university. The district will pay teachers $100 per semester credit. Maximum payment per teacher is $700 per fiscal budget year. Stipends will be paid from and limited to the available balance in the district budget for Academic Credit Stipend.
Using the District form, an employee will notify the Superintendent in advance of his/her request for an academic stipend. If approved, actual payment shall not be made unless the employee presents to the Superintendent not later than 60 days following the completion of the course(s) either a verified grade slip, an official transcript, or a letter from the instructor which reports a passing grade., unless arrangements are made with the Superintendent for unusual circumstances. Exceptions on course numbers will be made upon approval of the Superintendent. Each course, in a Master’s program pre-approved by the Superintendent, does not require advance approval. In the event that a teacher disagrees with the Superintendent’s decision, they may appeal the decision to a committee.
A. A teacher, who terminates employment with the District, is entitled to a lump-sum payment equal to one-fourth of the pay attributed to the accumulated regular sick leave. The pay attributed to the accumulated regular sick leave shall be computed on the basis of the employee’s salary at the time of termination.
Teachers must notify the District by January 1st of the year they plan on retiring, however, the board may waive this deadline. The District has the right to limit the number of incentives given each year. At least one will be offered if there is an employee who meets minimum qualifications. Teachers must meet TRS retirement eligibility requirements to be eligible for this incentive and meet the following criteria stated below per incentive.The district will make any required contributions to TRS as required by law.
.5 ( final pay - base pay) payable in a one-time lump sum cash payment at the time of termination. This payment qualifies as termination pay for TRS purposes and will be reported to TRS as such if the employee retires at or near the time of the payment. The effect of the termination pay on the employee’s retirement benefit, if any, will be determined by the election the employee has already made by submitting a Termination Pay Irrevocable Election Form to TRS or will make at the time of retirement regarding the use of termination pay.
A cash lump sum of $25,000 which will be paid in 3 annual installments over the first three years after retirement. The first installment will be $9,000, and the remaining 2 installments will be $8,000 each. The first payment qualifies as termination pay for TRS purposes and will be reported to TRS as such if the employee retires at or near the time of the payment. The effect of the termination pay on the employee’s retirement benefit, if any, will be determined by the election the employee has already made by submitting a Termination Pay Irrevocable Election Form to TRS or will make at the time of retirement regarding the use of termination pay. The final 2 payments do not qualify as termination pay for TRS purposes.
36 years through 40 years of teaching experience (as per employee position on the current year’s seniority list) will receive the following:
.25 x (final salary minus the current base) payable in a one-time lump sum cash payment at the time of termination. This payment qualifies as termination pay for TRS purposes and will be reported to TRS as such if the employee retires at or near the time of the payment. The effect of the termination pay on the employee’s retirement benefit, if any, will be determined by the election the employee has already made by submitting a Termination Pay Irrevocable Election Form to TRS or will make at the time of retirement regarding the use of termination pay
Committees may be established to research, study, or plan for anticipated changes: curriculum, calendar, building and grounds, behavioral, and all school improvement.
The membership of these committees will be quite fluid depending on the specific areas of concentration. Membership may include representatives from Board, faculty, administration and community.
Committees will function in an advisory capacity to the board whose responsibility it is to make final decisions.
Committee will prepare two calendar options, which will be voted on by all staff. The selected calendar option will then be presented to the school board.
The teachers shall have the option to enter into a Group Health Insurance plan chosen by the majority of the employees desiring such a plan. Voting will be prorated according to the number of hours regularly employed, i.e., six hours or more = one vote; half time = half a vote.
1. The District’s total monthly contribution per participating employee shall be up to $650.00.
The District shall pay a prorated amount toward the coverage of each part time employee. Any cost above the District contribution shall be paid by the employee through payroll deduction or such other manner as arranged with the Central Office.
An IRS 125 Premium Only Plan will be available to employees for out-of-pocket premium payments.
Should more than one member of a family be employed by the District, the District shall contribute an amount not to exceed double the allowable maximum toward the plan.
The performance evaluation process is intended to assist teachers to improve.
Performance evaluations shall be kept in the individual teacher’s official personnel file, the contents of which shall not be released to anyone other than District Officials and representatives except by permission of the employee.
1. ALL TEACHERS
a. OBSERVATIONS: Each semester, all teachers will receive a minimum of four walk through observations. These observations will be done by the building administrator using a Walk-through Observation form. Teachers will be provided with the results and have the opportunity to meet with their administrator.
b. EVALUATION: The District will use the state recommended summative evaluation forms
until/unless it is mutually agreed upon between the Board and the Association to use a
different model that meets OPI criteria.
Any changes to the approved forms must be approved in writing by a committee consisting of a certified TVEA representative and a representative from administration.
The issuance of a letter of inadequacy is a notice to the teacher that a serious problem has been identified and that failure to remedy this problem could result in a recommendation for non-renewal. The specific deficiency or deficiencies will be identified in the letter of inadequacy and a meeting set with the appropriate administrator to establish an individual improvement plan with goals clearly defined and a definite timetable for the satisfactory completion of all goals.
A “grievance” shall be defined as a claim based upon an alleged violation or misrepresentation of the terms and/or conditions contained in this Agreement.
A “grievant” shall be defined as an employee or group of employees filing a grievance.
Either party may be represented at any stage of the grievance procedure; an Association representative may be present at any stage.
The “party” or “parties of interest” shall be defined as the person(s) filing the grievance and any person who might be required to take action or against whom action might be taken to resolve the grievance.
A formal grievance must be submitted in writing on the form provided in Appendix D.
Time limits specified in this Agreement may be extended by mutual agreement.
Reference to days regarding time periods in this procedure shall refer to calendar days.
The grievant will discuss the problem with his or her immediate supervisor within seven days of the event or action-giving rise to the disagreement.
In the event the grievant and supervisor do not satisfactorily resolve the issue, the grievant has twenty-two days from the date of said discussion to file a formal written grievance with the supervisor. Upon receipt of a formal written grievance, the supervisor will issue a written decision on the grievance within fifteen days of receipt of the written grievance.
In the event that the supervisor’s decision is not acceptable to the grievant, it may be appealed in writing to the Superintendent within fifteen days of the grievant’s receipt of the principal’s decision. The Superintendent will meet with the grievant regarding the grievance within eight days of receipt of the appeal. Within eight days of the meeting the Superintendent will issue a decision on the grievance in writing.
In the event that the Superintendent’s decision is not acceptable to the grievant, it may be appealed in writing to the Board of Trustees within fifteen days. By the next board meeting, providing the Board has been given 48 hours notice, the Board will consider the issue. The Board will have fifteen days to issue its written decision.
In the event that the grievant is not satisfied with the decision of the Board of Trustees, the Association may submit the grievance to arbitration within thirty days as defined herein:
1. Upon submission of a grievance to arbitration under the terms of this procedure, the parties shall, within eight days after the request of arbitration, request a list of seven names from the Montana Board of Personnel Appeals. The parties shall then select an arbitrator by striking one name each from the list in alternate order.
2. The grievance shall be heard by a single arbitrator. The parties or representatives on their behalf shall have the right to submit evidence, offer testimony, present witnesses, and present oral or written arguments relating to the issue before the arbitrator.
3. The decision by the arbitrator shall be rendered within thirty days after the closing of the hearing, or after the deadline for submission of post-hearing briefs. Decisions by the arbitrator in cases properly before him/her shall be final and binding upon the parties subject to the limitations of arbitration decisions as provided by Montana Law.
4. Each party shall bear its own expenses in connection with arbitration, including expenses relating to the parties’ representatives witnesses, and any other expenses which the party incurs in connection with presenting its case. A transcript or record shall be made of the hearing at the request of either party. The party so requesting shall pay all costs for such transcripts, unless so requested by both parties in which case the cost will be shared equally. The parties shall share equally the fees and expenses of the arbitrator and any other expenses which the parties mutually agree are necessary for the conduct of the arbitration.
5. The arbitrator shall have jurisdiction over grievances properly brought before the arbitrator pursuant to the terms of this procedure. The jurisdiction of the arbitrator shall not extend to proposed changes in terms and conditions of employment as defined herein and contained in this written Agreement, nor shall an arbitrator have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of this Agreement.
6. After a grievance has been submitted to arbitration, the grievant and the exclusive representative waive any right to pursue against the District an action or complaint that seeks the same remedy. If a grievant or the exclusive representative files a complaint or other action against the District, arbitration seeking the same remedy may not be filed or pursued under this section.
The salary schedule, at Attainment Level 4.0 and for only that school year stated on each page, is as set forth in Appendix A.
New teachers, with 3 years experience or less, will start at step 3 on the salary schedule and stay frozen at that level until their fourth contract year when they will continue on the salary schedule as listed.
All teachers shall be given full credit on the salary schedule for up to seven years of teaching experience in any school district accredited by a recognized accrediting agency.
Each teacher will receive his/her contract salary in twelve monthly payments.
Additional credits to advance the teacher’s preparation status on the salary schedule, when not a part of an approved Master's Program, will be considered on an individual teacher basis by the Superintendent prior to the teacher taking credits. Such credits must be in addition to the initial requirements for teacher certification in the area the individual has been hired to teach.
Questions concerning the applicability of credits, taken prior to receiving an advanced degree, toward further salary schedule advancement, will be referred to the Credit Review Committee. Such credits must be clearly in addition to the requirements for certification and not a part of the individual’s advanced degree program. The Committee shall consist of the individual teacher’s building principal and two teachers from within the same general teaching area or subject. The Committee shall submit their written recommendation, along with supporting data, to the superintendent of schools.
The Salary Schedule lanes/columns are designed to allow advancement based on semester hours of credit.
A teacher, who plans to make a lane column change for the ensuing school year, must notify the superintendent by March 1st to be eligible for such advancement.
Teachers who have reached the highest step in the BA+30 (semester hours) through MA+30 will receive a 4% of Base career increment. This award is in addition to any natural increase due to an increase in the salary schedule base.
If a teacher publishes in an approved, peer reviewed journal/scholarly publication or has received recognition for outstanding work in their field of certification are eligible for a stipend of $500, not to exceed 2 per teacher per year. Maximum allowable (budgeted) amount from the district shall be $4,000 per fiscal budget year (totaling 8 available stipends per fiscal year).
Employees of the district that present professional development to district staff shall be compensated according to the Honorarium Schedule below. Employees will complete a district timesheet to be pre-approved by their building administrator.
2 or more presenters
This Agreement constitutes a part of Board Policy for the term of said Agreement, and the Board shall carry out the commitments contained herein and give them full force and effect as Board Policy.
During its term, this Agreement may be altered, changed, added to, deleted from, or modified only through the mutual consent of the parties in written and signed amendments to this Agreement.
Any individual contract between the Board and any individual teacher, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement during its duration shall be controlling.
If any provisions of this Agreement or any application of this Agreement to any teacher or group of teachers is held to be contrary to law, then such provisions or application shall not be deemed valid or subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
All rate of pay, hours, fringe benefits, and other teaching conditions, not specifically referred to in this Agreement shall be maintained at not less than rates and standards in effect in the District at the time this Agreement is signed.
Electronic copies of this agreement shall be made available to all teachers employed by the District.
If negotiations are not completed by the dates required for contract issuance, individual teaching contracts will be issued based on the current salary schedule. Teachers will be entitled to step and lane increments. When negotiations are completed, individual contracts will be reissued to reflect any salary increase.
This Agreement shall be effective as of July 1, 2016 and shall continue in effect through June 30, 2018. Contract language shall be open for the 2017-2018 contract year. This Agreement shall not be extended orally and it is expressly understood that it shall expire on the date indicated. Negotiations for a successor agreement will commence not later than March 1 in the year the current contract expires.
In Witness Thereof:
Date of Total Ratification: ___________________
Date of Total Ratification: ___________________
Bargaining Team Members:
Heather Dunn (chair)
**New teachers, with 3 years experience or less, will start at step 3 on the salary schedule and stay frozen at that level until their fourth contract year when they continue on the salary schedule as listed.
**New teachers, with 3 years experience or less, will start at step 3 on the salary schedule and stay frozen at that level until their fourth contract year when they continue on the salary schedule as listed.
Grievant’s name _________________________________________ Date
Date grievance occurred
Statement of grievance
Action or relief requested
Date of discussion with immediate supervisor.
Response: As I am not satisfied that the issue has been resolved, I wish to submit a formal grievance to the supervisor.
Grievant’s signature ________________________________________ Date_______________
Response: In the event that the supervisor’s decision is not acceptable, I wish to appeal the decision to the Superintendent.
Grievant’s signature ______________________________________ Date
(Attach Supervisor’s decision)
Response: In the event that the superintendent’s decision is not acceptable, I wish to appeal the decision in writing to the Board of Trustees.
Grievant’s signature _______________________________________ Date _______________
(Attach Supervisor’s and Superintendent’s decision)
Received by Clerk: Signature ______________________________ Date
School Board meeting date (attach decision)
Response: I hereby appeal the decision of the Board
Grievant’s signature ______________________________________ Date ________________
Association President’s signature ___________________________ Date ________________
Signed Signature page: