Shields Valley School District Board of Trustees
Shields Valley School District J12&5
Shields Valley Teachers’ Organization
Shields Valley School District
Collective Bargaining Agreement
This agreement is entered into this 3rd day of May 2017, by and between the Board of Trustees, School District #J12, and High School District 5, Shields Valley, Montana, hereinafter referred to as the “Board” and/or “Employer” and the Shields Valley Teachers’ Organization affiliated with the Montana Education Association and the National Education Association hereinafter referred to as the “Organization”.
Article III-Labor Management Committee
The parties of this agreement have established a labor management committee as set forth the by the Federal Mediation Coalition Services (FCMS) guide for Labor-Management Committees. This committee shall meet monthly or at mutually agreed upon intervals.
Article IV-Grievance Procedures
STEP I-Immediate Supervisor
The grievant shall within twenty-one (21) days of the occurrence or knowledge of the act or condition which is the basis of the complaint, present the grievance in writing to the immediately involved supervisor.
The grievance shall be written on the appropriate grievance form (Appendix C) and shall include a concise statement of the grievance, which articles are in dispute, and the requested remedy. If the grievance is of a repeat or recurrent nature, the remedy of the grievance shall only extend back to the beginning of the fiscal year in which the grievance was filed.
The immediate supervisor will arrange for a meeting with the grievant to take place within seven (7) days after receipt of the grievance. The supervisor shall provide the grievant and the Organization with a written answer to the grievance within seven (7) days after the meeting.
If the grievant is not satisfied with the disposition of the grievance at Step I, or if no decision has been rendered within seven (7) days after presentation of the grievance, then the grievance within seven (7) days may be referred to the superintendent of the superintendent’s designee. The superintendent shall arrange for a meeting with the grievant to take place within seven (7) days after receipt of the appeal. Upon conclusion of the meeting, the superintendent will have seven (7) days to provide the grievant and the Organization with a written decision.
If the grievant is not satisfied with the disposition of the grievance at Step II, or if no decision has been rendered within seven (7) days after presentation of the grievance, then the grievance within seven (7) days may be referred to the Board. The Chairman of the Board or designee shall arrange for a hearing with the grievant to take place at the next regularly scheduled meeting. Upon conclusion of the hearing, the Board will have fourteen (14) days to provide the grievant and the Organization with a written decision.
Step IV-Binding Arbitration
If the Organization is not satisfied with the disposition of the grievance at Step III, or if no disposition has been made within the time period provided, the grievance, only at the option of the Organization, may be submitted before an impartial arbitrator. The Organization shall exercise its right of arbitration by giving the Superintendent written notice of its intent to arbitrate within twenty-one (21) days after it has received the decision at Step III or expiration of the time lines specified in Step III.
Within seven (7) days after notice of submission to arbitration, the Organization shall, in writing, request from the Montana Board of Personnel Appeals a list of qualified arbitrators. Within fourteen (14) days of receipt, each party shall alternately strike names from the list, and the name remaining shall be the arbitrator.
The arbitrator shall not consider any argument or evidence that the grievant, Organization or Board did not submit to the other side seven (7) days before arbitration.
The arbitrator shall consider the grievance and render a decision within sixty (60) days of the hearing or final submission of briefs, whichever is later. The arbitrator’s decision shall be final and binding upon the parties.
Each party shall bear its own costs of arbitration except that the fees and charges of the arbitrator shall be shared equally by the parties. If one of the parties wants a transcript of the arbitration proceedings, the party requesting the transcript will pay the costs of the transcript. If both parties request transcripts, they shall share equally the costs.
4.4 Exceptions to Time Limits: The time limits set forth in this article may be changed by written agreement. If the grievant fails to file the grievance within the first twenty one (21) days as stated in Step I, the grievance is forever waived. If the grievant fails to timely file an appeal, the grievance is settled as stated in the earlier step.
Article V-Employee Work Load and Conditions
5.1A Teacher Work Day: The teacher work day shall be from7:30 am to 4:30 pm daily. By mutual agreement between the teacher and the Board, a different work day and/or days of work may be agreed to.
5.1B Lunch Periods: All employees shall receive a daily lunch period of a minimum of twenty (20) minutes.
5.1C Professional Duties: A preparation period is designed to provide the teacher with an opportunity to prepare himself/herself to provide services to students. Teachers shall not be required to cover other school related situations during preparation periods excepting an unforeseeable need to replace others or in the event of an unforeseeable emergency situation.
5.2 Teacher Committees: The administration shall appoint a committee consisting of elementary teachers, junior high teachers, specialty teachers, and an administrator to provide input regarding the specialty teachers’ work schedule.
5.3 Non-teaching duties: Teachers shall accept all non-teaching duties assigned by the administration when such duties are deemed necessary to the proper running of the school and an acceptable volunteer cannot be found.
5.4 Transportation of Students: Coaches or advisors will not be required to drive school or personal vehicles to contests or events.
5.5 Vacancies: The Board desires that the best qualified persons available be employed to fill vacancies. Information regarding certified or extracurricular positions which are to be available either through creation or vacancy, shall be publicized to the certified staff using school email at the same time they are publicized to the general public. There will be a minimum of one week from the date of publication to closing. Staff members may apply for any vacancy for which they are qualified. Any qualified applicants from within the system shall be given equal consideration with other applicants. In filling vacancies, the Board agrees to give due weight to the professional background and attainments as well as other relevant factors of all applicants. The decision of the Board as to the filling of vacancies shall be final.
A list of any unfilled positions will be provided to the teachers at the first PIR day of the school year.
Article VI-Employee Leave (All leave must be taken in one hour increments.)
6.1 Eighty one (81) hours of sick leave will be allowed each year, subject to the approval of the Superintendent, cumulative to a maximum of nine hundred hours (900). Sick leave may be used in one hour increments for employee and immediate family only. At the end of each school year, a teacher will be paid for unused sick leave over nine hundred hours (900) at the substitute rate of pay which is based on an eight (8) hour day. Upon termination of employment either by choice or non-renewal of a teacher’s contract, a teacher will be paid for one fourth (1/4) of unused sick leave up to a maximum of nine hundred hours (900) at the substitute rate of pay which is based on an eight (8) hour day only if he/she completed the entirety of his/her last contract. Immediate family is defined as the employee’s spouse, or any parent, child, sibling, grandparent, grandchild, foster child, corresponding in-law, or corresponding step. In some cases the District may request the employee to see an appointed medical provider to provide verification of the debilitating diagnosis. The costs of this examination will be borne by the district. The employee shall lose none of his/her salary or benefits for time lost directly or indirectly related to this examination.
An employee may request additional sick leave if he or she has met the following conditions:
6.5 Sabbatical Leave: A tenured teacher employed in the district for at least seven (7) years may request a sabbatical leave for one or two semesters if the following conditions can be met:
6.6 Leave of Absence: A tenured teacher employed in the district may request a leave of absence if the following conditions can be met:
A. The Board of Trustees must approve the leave. The Teacher and the Board will establish an agreed upon date by which the teacher will notify the Board in writing of their intentions to return to service. Failure to notify the Board by the agreed upon date will be interpreted to mean that the teacher has resigned from the District.
B. The Board of Trustees can hire a suitable replacement.
C. The leave of absence will be without pay. The teacher will only receive a step on our salary schedule if the absence is less than fifty percent of the school year.
6.7 Leave Without Pay: Teachers may be granted unpaid leave only when all other leave provisions are inapplicable. Requests must be approved by the Superintendent.
Article VII-Professional Compensation
7.1 The salary for the 2017-2018, 2018-2019 school years, of 152 PI days, 7 PIR days, and 24 additional PIR hours is contained in Appendix A which is part of this agreement referenced herein.
The district will place teachers with less than three years’ experience at the third step of the salary schedule. These teachers will advance to the fourth step when their teaching experience qualifies them under terms of this agreement. Incoming teachers with more than three years teaching experience will be placed at the step and lane matching their level of experience and education up to ten (10) years. Teacher’s salaries shall be payable in twelve (12) equal installments on or about the fifteenth (15th) of each month with the final three (3) installments given upon teacher checkout. All extended year contracts will be paid in one lump sum upon successful completion of the duties.
Self-contained K-6 certified classroom teachers assigned to teach a multi-grade classroom shall receive a stipend of $5,000.00 (five thousand) for that year paid out in twelve equal payments. This provision does not apply to specialty teachers.
All benefits for teachers shall be prorated on the basis of employment. That means a full-time employee receives full compensation, leave, and fringe benefits, a half-time employee receives 50% of compensation, leave, and fringe benefits, a one-third-time employee receives one-third compensation, leave, and fringe benefits, etc.
The benefits of present collective bargaining unit members shall remain as is, provided their employment with the district is not interrupted by non-renewal, resignation, termination, leave of absence, reduction-in-force, or other voluntary or involuntary separation from district employment. In such cases, all compensation, leave, and fringe benefits shall be prorated if the teacher returns to the employ of the district. Sabbatical and pregnancy leaves shall not be considered as separation from employment for purposes of this item.
Notes on extracurricular salary schedule, Appendix B: If one person performs the duties of both the elementary and junior high in combined activities, that person will receive one-half (1/2) the elementary position salary plus the junior high position salary. If a person performs the duties of both the varsity and junior varsity teams, that person will receive the varsity salary plus one-half (1/2) of the junior varsity salary. If one person performs the duties of both the junior varsity and the freshman or C squad activities, that person shall receive the junior varsity salary and one-half (1/2) of the Freshman or C-squad salary. If one person performs the duties of both the high school activities director and the elementary/junior high activities director, that person would receive the full amount of both the elementary/junior high salary plus the high school activities director salary.
The high school track and field program will have one head coach and one assistant coach. Another assistant coach will be hired if 15 or more athletes are participating in the program. Another assistant coach will be hired if 25 or more athletes are participating in the program. The hiring of the additional assistant coach will be based on the total number of participants (boys and girls), not gender specific, or when required to ensure athlete safety. The junior high school track and field program will have one head coach and one assistant coach. An additional junior high assistant coach may be hired when required to ensure athlete safety.
Junior High and Elementary Assistant Basketball Coaches: An assistant coach will be considered by a committee of an Administrator, Athletic Director, and the head coach if fourteen (14) or more athletes are participating in the program. This position is not mandatory.
If an activity is not offered, or there are no participants for an activity in a particular year, the stipend will not be paid for that year.
Payment for any duty listed as part of Appendix B, Extracurricular Salaries, shall be made in one lump sum at the conclusion of the activity session or at the end of the school year, if there is no termination date of the activity, only if the teacher has completed all activities set forth in the extra-curricular contract.
7.7 Insurance: The school district will pay, subject to the limitations of the policy and/or carrier, seven thousand one hundred sixty dollars ($7,160) for the school year 2017-2018 and seven thousand, five hundred twenty-four dollars ($7,524) for the school year 2018-2019, towards each participating teacher’s medical insurance premium payable directly to the insurance provider. In the event that the insurance premium for a single plan should increase to an amount more than the district contribution during the length of this contract, negotiations will be reopened for that issue only. In the event that the insurance premium for a single plan should decrease the district will be obligated to pay only the portion necessary for the employee for a single plan. The balance of the monthly insurance premium to provide coverage for a teacher, a teacher’s spouse or family, will be deducted from the participating staff member’s monthly salary and paid directly to the insurance provider. If a teacher’s medical premium is less than the above stated amount, the premium dollar balance will be made available to the teacher for the purchase of an annuity. Teachers who do not participate in any (school district and/or outside of the school district) health insurance program forfeit all benefits in this section.
The school district’s only obligation in this section is to deduct from the employee’s paycheck and/or pay the appropriate amount of premiums to the districts insurance carrier, provider or trust, subject to the limitations of the carrier, trust or plan. The school district is not liable or responsible for the failure of the insurance company, plan, or trust to provide insurance coverage and/or pay any or all claims.
Article VIII – Individual Teaching Contract
All new teachers will receive a copy of the master agreement on the first PIR day.
All teachers will receive a copy of the master agreement upon settlement of the new agreement.
All teachers shall receive a written evaluation during the school year.
Each individual teaching contract shall contain the following section:
A teacher not facing discipline or discharge at District J12-5, Park County, Montana, will be released from their teaching contract provided the teacher makes payment for liquidated damages to the school district on the following schedule prior to release. The last day of employment for the teacher is the date controlling on the following schedule except as stated below.
Teachers wishing to be released from this contract on or after July 1 will pay one thousand dollars ($1,000) of this contract as liquidated damages.
Teachers wishing to be released from this contract on or after July 15 and/or during the school year will pay two thousand dollars ($2,000) of this contract as liquidated damages.
The monies shall be placed in a scholarship and administered by the District Clerk. The Board of Trustees will consider hardship cases on a case-by case basis.
Jurisdiction and enforcement of this provision of the individual contract is through the 6th Judicial District Court, Park and Sweetgrass Counties, Livingston, Montana, with the teacher being liable for all fees under the above schedule, court costs, interest, reasonable attorney fees of the school district and other actions the court deems appropriate. The court has jurisdiction to award interest on any amount due and take other actions the court deems appropriate.
If these conditions have been met, the Board shall accept the resignation of a teacher under contract and shall not seek to have the teacher’s certificate revoked or suspended. Also, if the above conditions have been met, the Board shall pay any severance stipend due.
Article IX - Layoff or Reduction in Force and Recall of Certified Staff
Article X – Savings
If any portion of this contract is declared illegal by a court of competent jurisdiction, all remaining parts of this contract shall remain in full force and effect. Either party may request to negotiate on the affected parts of the contract within (60) calendar days.
Article XI – Retirement Incentive
offer a retirement incentive program. This MAY OR MAY NOT be offered on any given year at the sole discretion of the Board of Trustees.
eligible teachers must have twenty-five (25) years of creditable service with the Montana Teachers’ Retirement System and have taught in the Shields Valley School District for a minimum of twelve (12) years.
A one (1) time payment of $______________ cash, less federal and state mandated
deductions. The one (1) time payment is to be subject to the rules of the Teachers’ Retirement System.
This payment will be made between June 15th and July 15th after the teacher retires.
The district will inform the Association, not later than February 1st of the current school year that this incentive will be offered. To be eligible, a teacher must submit an application and non-revocable resignation. The application and signed non-revocable letter of resignation must be received by the District Superintendent no later than 4:30P.M. on February 28th. In the event the 28th should fall on a Friday or a weekend, the deadline will be at 4:30 p.m. the preceding Thursday.
Shields Valley School District #J12-5
Letter of Resignation
Application For Retirement Incentive Program
I hereby submit my resignation to the Board of Trustees of the Shields Valley School District effective at the end of the current teaching contract. I am submitting this resignation in conjunction with my acceptance of the Retirement Incentive Program for teachers offered by the School District. I understand that by accepting this Retirement Incentive Program I will not be allowed to revoke this resignation at any time.
This is to notify the Board of Trustees of the Shields Valley School District that I hereby apply for the teacher Retirement Incentive Program offered by the School District. I hereby acknowledge that I have read and understand the provisions contained in the Retirement Incentive Program and agree to abide by them. I understand that my eligibility for this program is dependent upon my non-revocable resignation from the School District effective at the end of the current teaching contract. I understand and agree that the School District’s obligation resulting from this Retirement Incentive Program will not exceed $_______________ per teacher paid between June 15 and July 15 of the ending contract year.
RECEIVE IN THE SUPERINTENDENT’S OFFICE
Article XII –Duration
Duration of Negotiated Agreement Between
The Shields Valley Teacher’s Organization, MEA/NEA and the
Trustees of School District J12-5
This agreement shall be effective as of July 1, 2017 and shall continue in effect until June 30, 2019. This agreement shall not be extended orally and it is expressly understood that it shall expire on the date indicated. If either the Organization or the School Board desires to modify or amend this Agreement, notice of intent to bargain shall be given to the other party. Notice of desire to negotiate a new contract must be given to the other party during the months of February or March of the year the current contract expires.
IN WITNESS THEREOF:
For the Shields Valley Teachers’ For the Trustees, Shields Valley
Organization Public Schools No. 5 & J12
Signature Date Signature Date
Signature Date Signature Date
District Clerk Date
Salary Schedule 2017-2018, 2018-2019
Current Salary Schedule with the following changes:
SHIELDS VALLEY PUBLIC SCHOOLS
TEACHER'S SALARY SCHEDULE
HS Activities Director**
JH/EL Activities Director**
Assistant Football (X2)
Junior High Football
Assistant JH Football
Junior High Volleyball
Assistant JH Volleyball
Head Basketball (X2)
Assistant Basketball (X2)
Freshman Basketball (X2)
Junior High Basketball (X2)
Assistant JH Basketball (X2)**
Elementary Basketball (X2)
Asst Elem Basketball (X2)**
High School Track
Assistant High School Track**
Junior High Track
Assistant Junior High Track**
Speech and Drama
Assistant Speech and Drama
Play Director (Per Play)
Student Council Advisor
Junior High Student Council Advisor
*Refer to Article 7.3 – Notes on extracurricular activities