COLLECTIVE BARGAINING AGREEMENT BETWEEN WEST VALLEY SCHOOL DISTRICT #363 AND PUBLIC SCHOOL EMPLOYEES OF WASHINGTON WEST VALLEY (SPOKANE) MAINTENANCE AND OPERATIONS UNIT SEPTEMBER 1, 2013 – AUGUST 31, 2016 PUBLIC SCHOOL EMPLOYEES STATE OFFICE / SEIU Local 1948 PO Box 798 Auburn, WA 98071-0798 1-866-820-5652 TABLE OF CONTENTS Page PREAMBLE 1 ARTICLE I RECOGNITION AND COVERAGE OF AGREEMENT 1 ARTICLE II MANAGEMENT RIGHTS 2 ARTICLE III EMPLOYEE RIGHTS 3 ARTICLE IV ASSOCIATION RIGHTS 4 ARTICLE V HOURS OF WORK AND OVERTIME 5 ARTICLE VI HOLIDAYS AND VACATIONS 11 ARTICLE VII LEAVES 13 ARTICLE VIII PROBATION, SENIORITY AND LAYOFF PROCEDURES 16 ARTICLE IX DISCIPLINE, DISCHARGE, RESIGNATION, AND RETIREMENT OF EMPLOYEES 19 ARTICLE X ASSOCIATION MEMBERSHIP AND CHECKOFF 20 ARTICLE XI GRIEVANCE PROCEDURE 21 ARTICLE XII SALARIES AND EMPLOYEE COMPENSATION 22 ARTICLE XIII TERM AND SEPARABILITY OF PROVISIONS 23 ARTICLE XIV WAIVER 24 ARTICLE XV SAVINGS 24 APPENDIX A INSURANCE 25 SCHEDULE A 26 SIGNATURE PAGE 27 1 PREAMBLE 2 3 4 5 6 This Agreement is entered into between the West Valley (Spokane) School District (hereinafter “District”) and the Public School Employees of West Valley (Spokane) (Maintenance and Operations Unit) (hereinafter “Association”), an affiliate of Public School Employees of Washington/SEIU Local 1948. 7 8 9 10 ARTICLE I 11 12 RECOGNITION AND COVERAGE OF AGREEMENT 13 14 15 16 17 Section 1.1. The District hereby recognizes the Association as the exclusive representative of all employees in the bargaining unit described in Section 1.3, and the Association recognizes the responsibility of representing the interests of all such employees. 18 19 20 21 22 Section 1.2. Nothing contained herein shall be construed to include in the bargaining unit any person whose duties as deputy, administrative assistant, or secretary necessarily imply a confidential relationship to the Board of Directors or Superintendent of the District pursuant to RCW 41.56.030 (2). 23 24 25 26 27 28 29 Section 1.3. The bargaining unit to which this Agreement is applicable shall consist of all classified employees in the following general job classifications: Maintenance, Carpenter, Custodial, Grounds, Mechanic, Technology, Bus Drivers and Bus Aides. Temporary and Substitute employees shall be included per the limitations in Section 1.3.1.2. The Directors of Transportation, Maintenance/Operations, Technology and their office staff shall be excluded from the bargaining unit. 30 31 Section 1.3.1. Temporary and Substitute Employees. 32 33 Section 1.3.1.1. Definitions. 34 35 36 37 A. Substitute Employee: An individual who works for an employee of the District, in one of the general job classifications, as defined in Section 1.3, absent from their duties. 38 39 40 41 B. Temporary Employee: An individual who works in one of the general job classifications, as defined in Section 1.3, where an employee of the District is not absent from their duties, i.e., new position not yet filled. 42 43 44 45 46 C. Casual Employee: Employees who have not been employed for more than thirty (30) days in the preceding school year and who do not have an expectation of continuing employment, i.e., summer workers, or positions not within one of the general job classifications as defined in Section 1.3. 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 1 of 27 1 2 3 4 Section 1.3.1.2. Temporary employees who work more than thirty (30) consecutive days in the same position, within one school year, shall be members of the bargaining unit during the period which they are employed beyond the thirty (30) day period. 5 6 7 8 Substitutes who work more than thirty (30) days and continue to be available for employment as substitutes, shall also be members of the bargaining unit after they have reached the thirty (30) days aggregate referenced herein. 9 10 11 12 Temporary and Substitute employees (as defined in the previous two paragraphs) included in the bargaining unit earn such rights and benefits as are specifically designated for them in this section. Such designated rights and benefits are: 13 14 15 1. Temporary and Substitute employees will be placed on the regular salary schedule at Experience Level 1. 16 17 18 19 2. Temporary and Substitute employees will have consideration in the filling of open positions when a letter of interest is submitted to the District office. It is the substitute’s responsibility to keep informed of current openings. 20 21 22 23 3. Temporary and Substitute employees will be included in Article V, Section 5.8; and Article X (Association Membership and Checkoff) beginning on the thirtyfirst (31st) day of employment. 24 25 26 Temporary and Substitute employees not meeting the long-term requirements referenced above are specifically excluded from the bargaining unit. 27 28 Casual employees are excluded from the bargaining unit. 29 30 31 32 33 Section 1.4. Any permanent and substantial modification of existing positions or the creation of new positions will require the reopening of this Agreement to negotiate wages. Descriptions for all positions subject to this Agreement are available in the Personnel Office. 34 35 36 37 ARTICLE II 38 39 MANAGEMENT RIGHTS 40 41 42 43 44 45 46 47 Section 2.1. It is agreed that the customary and usual rights, powers, functions, and authority of management are vested in management officials of the District. Included in these rights in accordance with and subject to applicable laws, regulations, and the provisions of this Agreement, is the right to direct the work force, the right to hire, promote, retain, transfer, and assign employees in positions, in accordance with terms of this Agreement; the right to suspend, discharge, demote, or take other disciplinary action against employees; and the right to release employees from duties because of lack of work or for other 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 2 of 27 1 2 3 4 legitimate reasons. The District shall retain the right to maintain efficiency of the District operation by determining the methods, the means, and the personnel by which operations undertaken by the employees in the unit are to be conducted. The supervisor has the right to assign the foreman as the designee. 5 6 7 8 ARTICLE III 9 10 EMPLOYEES RIGHTS 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 3.1. It is agreed that all employees subject to this Agreement shall have and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to join and assist the Association. The freedom of such employees to assist the Association shall be recognized as extending to participation in the management of the Association, including presentation of the views of the Association to the Board of Directors of the District or any other governmental body, group, or individual, by following established channels of management. The District shall take whatever action required or refrain from such action in order to assure employees that no interference, restraint, coercion, or discrimination is allowed within the District to encourage or discourage membership in any employee organization. Association business must be conducted outside of workday unless preauthorization by the Administration is given. This does not include a chapter meeting to ratify the contract or negotiation sessions. 24 25 26 27 28 Section 3.2. Each employee shall have the right to bring matters of personal concern to the attention of appropriate Association representatives and/or appropriate officials of the District after following established channels of management. 29 30 31 32 33 Section 3.3. Employees of the units subject to this Agreement have the right to have Association representatives or other persons present at discussions between themselves and supervisors or other representatives of the District as hereinafter provided. 34 35 36 37 Section 3.4. Each employee reserves and retains the right to delegate any right or duty contained in this Agreement, exclusive of compensation for services rendered, to appropriate officials of the Association. 38 39 40 41 42 43 Section 3.5. Neither the District, nor the Association, shall discriminate against any employee subject to this Agreement on the basis of race, creed, color, sex, religion, age, or marital status or because of a physical handicap with respect to a position, the duties of which may be performed efficiently by an individual without danger to the health or safety of the physically handicapped person or others. 44 45 46 47 Section 3.6. There shall be only one (1) official personnel file for each employee. Said files shall be kept in the District administration office. A copy of any material placed in the personnel file must be given to the 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 3 of 27 1 2 3 4 5 6 7 employee within five (5) workdays of placement in the file. The employee may attach a statement to any material in the file. Each employee shall have the right upon request, and after making an appointment for that purpose with the personnel administrator, to review the contents of his/her official personnel file. The review shall be made in the presence of the administrator responsible for safekeeping of these files. During the review employees shall be allowed to copy any material therein. Any derogatory material may, at the request of the employee, be removed from the file at the discretion of the Superintendent after three (3) years. 8 9 10 11 12 13 An employee’s supervisor may keep a “working file” at the employee’s worksite. The employee shall have the right to make an appointment with the supervisor to review their file and make a request to have any items removed. The decision to remove the material will be at the discretion of the supervisor. If the supervisor and the employee disagree on removing an item, it can be appealed to the Personnel Director. 14 15 16 17 18 19 20 21 22 Section 3.7. Evaluations. Each employee shall have an evaluation of job performance at least once annually. The formal written annual evaluation shall be placed in the personnel file and shall be discussed at a joint conference between the supervisor and the employee. A copy of the formal evaluation shall be provided to the employee at the evaluation conference. Employees shall have the right to attach a written response to the evaluation provided such attachment is submitted within ten (10) workdays of receipt of the evaluation copy. The written attachment shall be signed by both the supervisor and the employee. The employee’s signature on the evaluation does not imply that the employee agrees with the contents. 23 24 25 26 ARTICLE IV 27 28 ASSOCIATION RIGHTS 29 30 31 32 Section 4.1. The Association reserves the right to delegate any right or duty contained herein to appropriate officials of the Public School Employees of the State of Washington. 33 34 35 36 37 38 Section 4.1.1. The District will provide PSE Bulletin Boards at each work site where applicable. A PSE employee appointed by the President will maintain the board, signing all notices and assigning a removal date. This is to be used exclusively for PSE business. The principal of the building will be contacted for location. 39 40 41 Section 4.2. The Association shall promptly be notified by the District of disciplinary actions against any employee. 42 43 44 45 Section 4.3. Each employee hired during the term of this agreement will be provided with a copy of this agreement and specifically apprised of the Association security provisions contained herein. 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 4 of 27 1 2 3 4 Section 4.4. Representatives of the Association, upon making their presence known to the District, shall have access to the District premises during business hours; provided that conferences or meetings between employees and Association representatives will not interfere with the employees’ normal work schedule. 5 6 7 8 ARTICLE V 9 10 HOURS OF WORK AND OVERTIME 11 12 13 14 15 16 Section 5.1. The workweek shall consist of five (5) consecutive days, Monday through Friday, followed by two (2) consecutive days of rest, Saturday and Sunday; provided, however, the District may assign an employee to a workweek of any five (5) consecutive days which are followed by two (2) consecutive days of rest. 17 18 19 20 Section 5.1.1. The workweek may consist of four (4) consecutive ten (10) hours days at the discretion of the district. 21 22 23 24 25 26 Section 5.2. Each employee shall be assigned to a definite shift with designated times of beginning and ending. Under special or unusual circumstances, these times may be changed on a temporary basis. The District retains the right to assign up to one hour from base bid hours on an as needed basis without a requirement to bid custodial positions. 27 28 29 30 Section 5.3. Employees required to work through their regular lunch periods will be given time to eat at a time agreed upon by the employee and the supervisor/designee/foreman. 31 32 33 34 35 36 37 38 39 Section 5.4. Eight (8) working hours shall constitute a day’s work. Five (5) consecutive days shall constitute a week’s work. All hours over eight (8) in one (1) day and forty (40) in one (1) week shall be overtime and shall be paid at the rate of time and one-half (1 ½) the regular rate of pay. All overtime must have prior approval by the employee’s immediate supervisor. Overtime may be paid or taken as compensatory time at the mutual consent of the employer and employee in accordance with the Fair Labor Standards Act. The eight (8) hour workday may not be modified to prevent the payment of overtime. 40 41 42 43 44 45 Section 5.4.1. If an employee is working ten (10) hour days, all hours over ten (10) in one (1) day and forty (40) in one (1) week shall be paid at time and one-half (1 ½). Upon mutual consent of the employer and employee, the ten (10) hour workday may be modified to stay within the forty (40) hour FLSA workweek, but may not be altered to prevent the payment of overtime. 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 5 of 27 1 2 3 Section 5.4.2. Work begun in a work shift and continues beyond midnight will be considered continuous time for the application of overtime. 4 5 6 7 8 9 10 11 12 13 Section 5.4.3. Meal periods shall be paid when the District requires the Custodian to remain on duty or when the meal period is interrupted to undertake the District’s business. Should the meal period be interrupted and the Custodian is unable to complete his/her break, the meal period will be paid at time and one-half (1 ½) the employee’s rate of pay. Those who are authorized to interrupt the break are the Principal and his/her designee or Maintenance/Custodial Director. The premium rate of pay will not be paid in the event the Custodian voluntarily waives the benefit in situations deemed by the Custodian to be of an emergency or critical nature. This does not waive the pay of overtime. 14 15 16 17 18 19 20 21 22 23 Section 5.4.4. Employees performing snow plow duties may remain at work following the completion of the task in order to complete their normal work shift. This shall be at the option of the employee unless management determines that the employee is too tired to continue and may create a safety hazard to the employee or others. Employees who choose not to remain at work for the balance of their regular shift following snow plowing, may utilize vacation or annual leave in lieu of working. Snow plowing will be paid at time and one-half (1 ½) the building/grounds/maintenance rate at the employee’s longevity step, when the job is performed outside the employee’s regular workday. 24 25 26 27 28 Section 5.5. Sick leave, vacations, and holidays shall be counted as time worked for the purpose of computing overtime. The Fourth of July Holiday will be eight (8) hours. The summer schedule will be prepared and distributed prior to the end of the school year. 29 30 31 32 33 Section 5.6. When requested by the District, head custodians are expected to open and close the school for District approved community organizations at overtime rates according to the Fair Labor Standard Act. The head custodian is responsible to secure a substitute if he/she is unable to cover the event. 34 35 36 37 Section 5.6.1. The employee must remain on the premises for all time submitted for compensation under this section. 38 39 40 41 42 Section 5.7. Any personnel, excluding bus drivers (see Section 5.10.4), shall be awarded no less than two (2) hours at the straight time or overtime rate, whichever is applicable, when a callback is necessary. In the event of a late night callback, the employee may call the Maintenance/Custodial Director for assistance. 43 44 45 46 Section 5.7.1. The Head Custodian will be responsible to cover all callbacks. In the event the Head Custodian is on pre-approved time off, it is his/her responsibility to arrange coverage. 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 6 of 27 1 2 3 4 5 6 Section 5.8. Subject to available work, each permanent part-time employee will be given first consideration for summer work based on seniority. Payment shall be at the summer rate, which is a minimum of $1.00 above minimum wage. An employee who accepts summer work must confer with the Director of Maintenance/Operations regarding any vacation plans during the duration of the summer work. A reasonable vacation period will be agreeable. Time off in addition to agreed time may not be granted. 7 8 9 10 Section 5.9. When a bargaining unit member fills in for an employee in a higher paid position, the employee filling in will receive the wage of the higher paid position, as follows: 11 12 13 • • 14 15 16 • Less than three (3) days – no differential; Three (3) to nineteen (19) days – paid at Step 1 of the position or current rate, whichever is higher; Twenty (20) consecutive days and over – the employee who is filling in will be paid at their current step on the schedule relevant to the position, retroactive to day one (1). 17 18 19 20 21 Section 5.9.1. When the Head Custodian is absent, the senior custodian within the building will be given first chance to assume his/her shift, if not immediately accepted, seniority within the building will prevail. 22 23 24 If the custodian who accepted the position is unable to fulfill the obligation for the duration of the absence, the position may be reassigned at the Superintendent/Designee’s discretion. 25 26 Transportation Provisions 27 28 29 Section 5.10. Bus Drivers shall be paid the route bid time or actual drive time, whichever is greater. 30 31 32 33 34 35 36 37 Section 5.10.1.Route Assignments. Regular runs shall be as assigned on the basis of seniority unless otherwise specified in this Agreement. All routes will be bid annually prior to the first day of school. The hours bid at that time will be considered the “base bid” for the ensuing school year. Any route with the exception of Special Needs Routes (i.e., Special Education buses and vans; pre-school and McKinney Vento/HEART transportation), that increases or decreases more than thirty (30) minutes from the base bid will be open for bid. 38 39 40 41 42 43 44 45 46 Section 5.10.2. Regular Driver Workday. The District will attempt to combine routes when feasible, and when no additional cost would occur to the District, to provide at least four (4) hours per day driving time for regular drivers. All drivers with a hire date of 6\5\91 or earlier will be grandfathered and guaranteed a minimum of four (4) hours per day. If a driver with a grandfathered hire date bids to a job with less than four (4) hours they shall be compensated at the lesser hours. For the term of this Agreement drivers will be allowed to combine their own routes through the current bidding process at no cost to the District. 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 7 of 27 1 2 3 4 5 6 Section 5.10.3. Extra Trips. Extra Trips are those bus runs which are outside the regular workday or week. Extra trips shall be assigned from a rotating roster(s) which are reset annually, no later than October 1. Three rotation lists shall be maintained (one [Roster #1] for weekend trips, one [Roster #2] for trips occurring during the week during school hours and one [Roster #3] for after school pick-ups at 4:00 pm or later, to ensure the fair distribution of trips. 7 8 9 10 These lists must be posted by Wednesday of the previous week before the trips are scheduled to depart. They shall be assigned in the order they are received. Trips received later than Wednesday shall be assigned in the order they are received in the transportation office. 11 12 13 14 15 16 17 18 19 When assigning trips, the person at the top of the list is the first considered. If no work related conflict exists, that individual is awarded the trip. If a work related conflict exists, the individual’s name is left in the existing order to be eligible for the next scheduled trip. When an individual is awarded a trip, his/her name is moved to the bottom of the list for the following week and rotates to the top of the list as trips are assigned. In the event an individual is assigned a trip that he/she does not care to take for any reason, it is that individual’s responsibility to give the trip away to another regular driver that does not have a work related conflict. 20 21 22 23 24 25 26 The driver who is assigned the trip off the rotation board is ultimately responsible for taking the trip and is also responsible for notifying the District of any change in assignments. A driver who assigns their trip to another driver goes to the bottom of the rotating list. A driver who takes a trip for another driver shall maintain their position on the rotating list. In the event an assigned trip is cancelled, the assigned driver shall maintain his/her position on the rotating roster. 27 28 29 30 31 32 33 34 Inclusion on Roster #1, #2 or #3 shall be at the driver’s discretion. At the beginning of each school year or within ten (10) days of hire, drivers shall sign of their desire to be or not to be included on Roster #1, #2 or #3. Drivers who sign up for any of the rosters shall remain on the rotation list until the end of the school year. Initial placement on the rosters shall be by seniority. If a driver chooses to remove his or her name from a roster, their name shall remain off the list for the remainder of the school year with no option to sign up again until the following school year. 35 36 37 38 If a driver’s name appears on Roster #2 and Roster #3 at the same time, Roster #2 will take priority and Roster #3 will be given a conflict. Drivers must be prepared for last minute changes on Roster #3. 39 40 41 42 If a driver fails to take an assigned trip on any roster for reasons other than illness, family emergency or other abnormal or unusual conditions subject to the Transportation Director’s approval, their name will be removed from the roster. 43 44 45 46 47 If a driver’s route or hours change during the school year and they become available for Roster #2 or #3, they will be permitted to sign up for Roster #2 and/or Roster #3 within ten (10) days of the route change. Driver’s so affected shall be placed on the bottom of Roster #2 and/or Roster #3. 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 8 of 27 All three rotation lists shall be maintained in the transportation office. 1 2 Drivers may sign up for overnight trips. Overnight trips may be awarded to regular drivers at District discretion. Overnight trips may not be traded or donated to another driver. 3 4 5 Section 5.10.4. Call Back. If an extra trip is assigned outside of the driver’s regular run and the interval of time exceeds one (1) hour, a two (2) hour call back shall apply. If time is less than one (1) hour, the driver shall be paid continuous time. 6 7 8 9 10 Section 5.10.5. Special Education Bus Aides. All Aides on Special Education Routes (i.e., Special Ed. Bus, Special Ed. Van, and Pre-School route) are required to possess the same requirements as a bus driver. Namely, a CDL with a passenger endorsement and a State of Washington School Bus Driver Authorization is required. 11 12 13 14 15 Section 5.10.5.1. Exchange. In the event a bus driver is unable to perform duties as a bus driver, with mutual consent from the District and the bus driver, the driver and aide shall exchange duties up to a maximum of twenty (20) days or until the bus driver can return to work. If additional time is needed it will be with mutual consent of the aide and the District. 16 17 18 19 20 21 22 23 24 25 26 Section 5.11. Standby Time. Bus drivers for activities occurring outside the regular workday or week, shall, whenever possible, be recruited from District Association drivers. The rate of pay will be equal to the driver’s regular hourly rate for driving time. Standby time is equal to one half (1/2) of the driver’s regular hourly rate, or minimum wage, whichever is greater. 27 28 29 30 31 32 33 34 Buses will be continually monitored within the responsible driver’s line of sight. In the event only one bus travels to an activity, the driver will monitor the bus and receive his/her regular hourly rate. If two or more buses travel to an activity, the senior driver will monitor all buses. The other drivers, having no monitoring responsibility, will receive regular bus driver wages for all hours spent driving; and “stand by” time for hours spent on standby; provided however, that the driver will be paid a minimum of two (2) hours at the bus driver’s rate. Should the duration of the trip be less than two (2) hours the driver will be paid at the Bus Driver’s rate. 35 36 37 All bus activity runs performed on Saturday or Sunday will be paid at the rate of time and one half (1 ½). 38 39 40 Section 5.12. Absences. If a bus driver or bus aide plans to schedule sick leave or personal leave the following shall apply: 41 42 1. An “Employee Absence Notification” form must be completed for all sick leave or personal leave being scheduled in advance. 2. Sick leave and personal leave with advance notice given to the transportation office in writing by 8:00 a.m. Wednesday will be treated as a work-related conflict for the upcoming week’s rotation schedule. If a driver has personal leave or sick leave scheduled on either a Monday or 43 44 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 9 of 27 1 2 3 a Friday and wishes to be considered unavailable for trips during the affected weekend, the transportation office must be notified in writing prior to 8:00 a.m. on the Wednesday that weekend’s rotation is being done. 4 5 6 7 8 9 3. Sick leave and personal leave scheduled after 8:00 a.m. Wednesday for the upcoming week will not be treated as a work-related conflict and the driver’s name will be moved to the bottom of the rotation list for the following week. It will be the driver’s responsibility to either: (1) give away any assigned trip and notify the transportation office in writing of the change, or (2) have the transportation office give the trip away in whatever manner it deems appropriate. 10 11 12 13 4. Any time a driver or bus aide wishes to have the transportation office re-assign a rotated trip that the driver or bus aide cannot cover for any reason, the office will fill the position in whatever manner it deems appropriate. 14 15 16 17 18 19 20 5. If a driver or bus aide gives an assigned trip to another driver or bus aide, the transportation office must be notified in writing unless the driver or bus aide cannot give written notice due to an illness the morning of the trip in question. If a driver or bus aide becomes ill and notifies the transportation office that he/she cannot take an assigned trip, the office will give that driver or bus aide a conflict and, if time allows, re-rotate the trip. Otherwise, the office will fill the position in whatever manner it deems appropriate. 21 22 23 24 25 26 6. If a driver or bus aide gives away a trip and the schedule changes which conflicts with the other (receiving) driver’s or bus aide’s schedule, and at least 24 hours remain prior to the trip, it remains the original driver’s or bus aide’s responsibility to either take the trip or find another driver or bus aide to take it. If the original driver or bus aide so wishes, he/she may ask the transportation office to fill the position in whatever manner it deems appropriate. 27 28 29 7. A.M. leave will be considered a work-related conflict which extends until the driver’s or bus aide’s next regular clock-in time. 30 31 32 33 8. P.M. leave will be considered a work-related conflict commencing from the time of the driver’s or bus aide’s last prior scheduled clock-out and continuing until the driver’s or bus aide’s regular clock-in time the next day. 34 35 36 37 9. Changes made to trips after they have been assigned on a Wednesday rotation which become a conflict with the assigned driver’s or bus aide’s schedule will be treated as a work-related conflict and will be given to the next available driver or bus aide on the rotation list. 38 39 40 41 10. A driver or bus aide who has been assigned to substitute for a Kindergarten route will be given a conflict. A Kindergarten route will take precedence over an assigned trip if deemed necessary by the transportation office for the safety of the children. 42 43 44 45 11. If an error is made during rotation that gives a trip to a driver or bus aide who cannot do the trip due to any type of work-related conflict, that trip will be re-rotated and the driver or bus aide will be given a conflict. 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 10 of 27 1 2 3 12. If a driver or bus aide fails to take an assigned trip on Roster #3 for reasons other than illness, family emergency or other abnormal or unusual conditions subject to the Transportation Director’s approval, his/her name will be removed from the roster. 4 5 6 ARTICLE VI 7 8 HOLIDAYS AND VACATIONS 9 10 11 12 Section 6.1. All twelve (12) month employees shall receive the following paid holidays: 13 14 15 16 17 18 19 1. 2. 3. 4. 5. 6. New Year’s Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day 7. 8. 9. 10. 11. Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day Day before or the day after Christmas Day 20 21 22 Section 6.1.1. Less than twelve (12) month employees shall receive the following paid holidays: 23 24 25 26 27 28 1. 2. 3. 4. 5. New Year’s Day Martin Luther King Day President’s Day Memorial Day Labor Day 6. 7. 8. 9. 10. Veterans Day Thanksgiving Day Day after Thanksgiving Day before or the day after Christmas Christmas Day 29 30 31 32 33 34 35 Section 6.1.2. Holidays which occur on Saturday will be honored by time off on the preceding Friday. In the event school is in session on that Friday, employees will be expected to work as usual and another day shall be designated as the holiday. Holidays which occur on Sunday will be honored on the following Monday. In the event that school is in session on that Monday, employees will be expected to work as usual and another day shall be designated as the holiday. 36 37 38 39 40 41 42 43 44 45 Section 6.2. Unworked Holidays. Employees shall receive pay equal to their normal work shift at their base rate in effect at the time of the holiday. Employees who are on active payroll and have worked either their last shift preceding the holiday or their first scheduled shift succeeding the holiday, and are not on leave of absence, shall be eligible for pay for such unworked holiday, (in-service days and optional days are not required workdays). An exception to this requirement will occur if employees can furnish proof satisfactory to the District that because of illness they were unable to work on either of such shifts, and the absence previous to such holiday by reason of such illness, has not been longer than thirty (30) regular workdays. Active payroll for less than 260-day employees shall coincide with the school calendar. 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 11 of 27 1 2 3 Section 6.3. Worked Holidays. Employees who are required to work on the holidays listed in Section 6.1 and Section 6.1.1 shall be compensated at one and one-half (1 ½) time in addition to the holiday pay for all hours worked. 4 5 6 7 Section 6.4. Holidays during Vacation. Should a holiday occur while a twelve (12) month employee is on vacation, the employee shall be allowed to take one (1) extra day of vacation with pay in lieu of the holiday as such. 8 9 10 11 12 13 14 Section 6.5. Vacations. All twelve (12) month employees subject to this Agreement shall be credited with hours of vacation credit based on hours worked during the period September 1 to August 31. Such vacation credit shall be earned and vested monthly. Vacation time that conflicts with major events, activities, or school programs must be scheduled with prior approval of the employee’s supervisor. Vacation shall be used as designated in this Article. 15 16 17 18 Section 6.5.1. The vacation credit to which an employee shall be entitled shall be computed in accordance with the following rules: 19 20 21 A. Less than five (5) years of service with the District, employees shall earn two (2) weeks vacation. 22 23 24 B. At five (5) years and less than ten (10) years of service with the District, employees shall earn three (3) weeks vacation. 25 26 27 C. At ten (10) years of service with the District, employees shall earn four (4) weeks vacation. 28 29 30 D. At twenty (20) years of service with the District, employees shall earn five (5) weeks vacation. 31 32 33 34 35 36 E. On August 31 of any year, no employee should have accumulated more than two (2) years of vacation (based on accrual rate). If more than two (2) years of vacation are accrued, the employee will forfeit excess amount, provided however, that no employee shall forfeit vacation which has been requested in writing and the use of which has been denied by the Employer. 37 38 39 F. Full-year employees working less than a forty (40) hour workweek shall receive prorated vacation based on hours worked in ratio to forty (40) hours per week. 40 41 42 43 44 45 G. For each regular workday from which an employee is absent on vacation, sick leave, bereavement leave, or emergency leave, the hours of the employee’s normal work shift shall be credited as if worked, provided that approval has been given by the Superintendent for absence with pay, and provided that the employee has sick leave remaining. 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 12 of 27 1 2 3 H. No person will be allowed to receive credit for vacation pay toward retirement for more than two hundred and forty (240) hours. The employee must use vacation over two hundred and (240) hours. 4 5 6 7 ARTICLE VII 8 LEAVES 9 10 11 Section 7.1. Sick Leave And Family Illness. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 7.1.1. Each employee shall accumulate one (1) day of sick leave for each calendar month worked; provided, however, that no employee shall accumulate less than twelve (12) days of sick leave per school year. An employee who works eleven (11) workdays in any calendar month will be given credit for the full calendar month. Sick leave shall be vested when earned and may be accumulated up to a maximum of one hundred eighty (180) days entitlement. The District shall project the number of annual days of sick leave at the beginning of the school year according to the estimated calendar months the employee is to work during that year. The employee shall be entitled to the projected number of days of sick leave at the beginning of the school year. Sick leave benefits shall be paid on the basis of base hourly rate applicable to the employee’s normal daily work shift; provided, however, that should an employee’s normal daily work shift increase or decrease subsequent to an accumulation of days of sick leave, sick leave benefits will be paid in accordance with the employee’s normal daily work shift at the time the sick leave is taken, and the accumulated benefits will be expended on an hourly basis. 27 28 29 30 31 Section 7.1.1.A. Employees are entitled to use sick leave for immediate family. Immediate family is defined as immediate household members and others approved by the Superintendent or his/her designee. Such leave shall be deducted from the days accumulated pursuant to Section 7.1.1. 32 33 34 Section 7.1.1.B. Inappropriate use of sick leave will result in disciplinary action or discharge. 35 36 37 38 39 Section 7.1.1.C. A doctor’s note may be requested by the Superintendent/Designee when the employee calls in sick the shift prior to or after a holiday. It may also be requested when a large event is taking place such as concerts, science fairs, sports tournaments, snow removal, etc. 40 41 42 43 44 45 46 Section 7.1.2. In the event employees are absent for reasons, which are covered by Industrial Insurance, the District shall pay the employee an amount equal to the difference between the amounts paid the employee by the Department of Labor and Industries and the amount the employee would normally earn. A deduction shall be made from the employee’s accumulated sick leave in accordance with the amount paid to the employee by the District. 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 13 of 27 1 Section 7.1.3. Sick Leave Attendance Incentive Program. 2 3 4 5 6 7 8 9 10 11 Section 7.1.3.1. In January of the year following any year in which a minimum of sixty (60) days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one (1) day monetary compensation of the employee for each four (4) full days of accrued leave for illness or injury in excess of sixty (60) days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four (4) days for every one (1) day monetary compensation. 12 13 14 15 16 17 Section 7.1.3.2. At the time of separation from school district employment due to retirement or death, an eligible employee or the employee’s estate shall receive remuneration at a rate equal to one (1) day current monetary compensation for each four (4) full days accrued leave for illness or injury. 18 19 20 21 22 23 24 Section 7.2. Leave For Bereavement. Leaves will be granted up to a maximum of five (5) days per year for death of members of the immediate family. The immediate family includes father, mother, husband, wife, child, sister, brother, and parent-in-law other qualified relatives may include grandparent, uncle, aunt, cousin, niece, and nephew. In unusual circumstances additional bereavement leave may be approved by the Superintendent. Bereavement leave is noncumulative. 25 26 Section 7.3. Other Leaves. 27 28 29 30 Section 7.3.1. Emergency Leave. Employees shall be entitled to Emergency Leave. Such leave shall be deducted from the days accumulated pursuant to Section 7.1.1. 31 32 33 34 Section 7.3.2. Unusual and Abnormal Circumstances. The Superintendent may grant, at his/her discretion, leave for unusual or abnormal circumstances. Such leave may be with, or without pay, as the Superintendent may determine. 35 36 37 38 Section 7.3.3. No employee will be permitted to take more than one (1) day leave without pay per school year without prior approval from the Superintendent or his/her designee. 39 40 41 42 Section 7.4. Maternity Leave. Absence for reasons of maternity shall be granted according to law. The following procedures will be followed: 43 44 45 A. Notification - An employee shall notify the Superintendent in writing of expected date of birth of the child at least one month before that date. 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 14 of 27 1 2 3 B. Request for leave of absence - An employee, upon request, shall be granted a leave of absence from her position prior to the birth of a child, the exact date to be determined by the employee’s physician. 4 5 6 7 8 9 10 11 Section 7.4.1. The procedure governing leaves of absence for personal illness or injury relating to pregnancy will apply as follows: A. An employee shall receive accumulated sick leave for the period of actual physical disability caused by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom, provided the employee works up to the day her physician indicates as the beginning of her disability. 12 13 14 B. Sick leave will terminate following birth of her child on the date her physician indicates she can perform her school responsibilities. 15 16 17 C. If sick leave is exhausted during the period of physical disability, the employee will automatically be placed on health leave for the duration of the period without pay. 18 19 20 21 D. Return - As soon as the employee’s attending physician has indicated the date upon which she may return to work, the employee will notify the district office as to that date immediately. 22 23 24 25 26 27 28 29 Section 7.5. Judicial Leave. In the event an employee is summoned to serve as a juror, or is named as a codefendant with the District, such employee shall receive a normal day’s pay for each day of required presence in court; provided, however, that any compensation received for such service shall be paid to the District. Such repayment shall not exceed the employee’s normal daily pay less per diem expenses as provided by the court. In the event that an employee is a party in court action, such employee may request a leave of absence. 30 31 32 33 34 35 36 37 Section 7.6. Annual Leave. Employees shall be entitled to one (1) day of annual leave per year upon completion of one (1) year of service with the District two (2) days of annual leave per year upon completion of two (2) years service with the District, three (3) days annual leave upon completion of three (3) years service with the District, and four (4) days annual leave after four (4) years service with the District. Such leave is noncumulative and shall not be deducted from sick leave. Such leave shall be granted on a first come, first serve basis provided that: 38 39 40 A. Not more than two (2) employees are gone from any building or work classification at the same time. 41 42 B. Such leave shall not be used on the first five (5) days of school or the last five (5) days of school. 43 44 45 C. Such leave shall not be taken by bus drivers during early dismissal times or during in-service days. 46 47 D. Such leave may be taken in one-half (1/2) day increments. 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 15 of 27 1 2 E. The District shall be given twenty-four (24) hours notification of intent to use such leave. 3 4 5 6 Employees shall be eligible to sell their annual leave back to the District during the month of August. Employees shall receive up to four (4) day’s pay for returned annual leave. Employees must turn in their requests on District supplied forms prior to August 10th to receive compensation. 7 8 9 10 Section 7.7. Leave Sharing. Employees will be provided leave sharing in accordance with District policy # 5406 and WAC 41.04.655. 11 12 13 14 ARTICLE VIII 15 16 PROBATION, SENIORITY, AND LAYOFF PROCEDURES 17 18 19 20 21 22 Section 8.1. The seniority of an employee within the bargaining unit, as described in Section 1.3, shall be established as of the date on which the employee began continuous daily employment (hereinafter “hire date”) unless such seniority shall be lost as hereinafter provided. Hire date seniority applies to benefits, increments and layoff* status. 23 24 When two (2) or more employees are hired on the same day, seniority will be established as follows: 25 26 A. The employee has previously been employed for the District in any position; then 27 28 29 30 31 B. From the employee’s first day of substitute work for the District in the previous twelve (12) months. If all new hires were in substitute capacity for greater than one year the association will make an appointment within thirty (30) work days of notification by the district of the tie for a draw to be conducted to determine seniority position. 32 33 34 35 36 37 If the candidates do not meet any of the above criteria, the association will make an appointment within thirty (30) work days of notification by the district of the tie for a draw to be conducted to determine seniority position. The drawing will be conducted at the District Office. A representative of the District, and the Association will be present at the drawing. Employees will be invited to attend. A notation of the placement results will be inserted in each employees file and on the seniority list. 38 39 40 Section 8.2. New employees will serve a sixty (60) calendar day probationary period. 41 42 43 44 Section 8.3. Upon completion of the probationary period, the employee will be subject to all rights and duties contained in this Agreement retroactive to the hire date. 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 16 of 27 1 2 3 4 5 Section 8.4. Hire date seniority rights of an employee shall be lost only for the following reasons: A. Resignation; B. Discharge for justifiable cause; or C. Retirement 6 7 8 9 10 11 12 Section 8.5. Hire date seniority rights shall not be lost for the following reasons, without limitation: A. Time lost by reason of accident, illness, or judicial leave; B. Time on leave of absence granted for purposes of serving in the Armed Forces; C. Time spent on other authorized leaves; or D. Bidding from one classification to another. 13 14 15 16 17 18 Section 8.6. Seniority as applied to classification shall be hereinafter referred to as “Bidding” or “Job” seniority. As used in this Agreement, classifications are those set forth in Article I, Section 1.3, and shall be established by the date of change from one classification to another by way of bidding, or as a new employee hired to fill an opening within the classification. 19 20 21 22 23 24 25 26 27 28 29 Section 8.6.1. Bidding or Job seniority shall be effective only within the classification. If an employee changes classification by way of the bidding process, he/she forfeits existing bidding seniority, except as hereinafter provided, and establishes a new date of accrual of seniority within the new classification. When bidding into a classification and not in competition with an employee so classified, hire date will prevail. Nine (9) month employees cannot bid into a different classification. Nine (9) month employee(s) wishing to cross over into another classification must notify the District in writing prior to the close of the job posting. If no other employee from within the classification applies, the District shall give all other interested members consideration in the filling of the position. 30 31 32 33 34 Section 8.6.2. The employee with the earliest hire date, (Bid or Job seniority), within the classification, shall have preferential rights regarding shift selection, assignment to new or open positions, and layoffs*, within the classification. 35 36 37 38 39 40 41 42 Section 8.6.3. If the District determines that seniority rights should not govern because a junior employee possesses ability and performance substantially greater than a senior employee or senior employees, the District shall set forth in writing to the employee or employees and the organization’s grievance committee chairperson its reasons why the senior employee(s) have been bypassed. The grievance committee will convene to consider the merits of the District’s decision and to render a decision in support or opposition to the District’s position. 43 44 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 17 of 27 1 2 3 4 5 Section 8.6.3.1. Where the District has a concern over a candidate’s ability to physically perform the duties of the Head Custodian or Maintenance position applied for, before filling the position the District may require a “fitness for duty” exam, at the District’s expense and with a provider of the District’s choice. 6 7 8 9 10 Section 8.6.4. Reentry to a previously vacated classification, the employee’s job (bid) seniority previously earned within the classification will be reactivated after a period of sixty (60) calendar days for a total accumulative classification seniority. 11 12 13 14 Section 8.7. Employees who change jobs within the bargaining unit shall have sixty (60) calendar days to qualify or return to their former position by mutual consent. 15 16 17 18 19 20 21 22 Section 8.8. The District shall publicize within the bargaining unit for five (5) workdays the availability of an open position as soon as possible after the District is apprised of the opening, and the District will notify the Association if a posting should be delayed for economic purposes. Notice of vacancies shall be posted. Additionally, the President of the Association shall be provided a copy of the notification. Upon mutual consent of the parties, the above process and/or timeline may be adjusted. If the District decides to not fill a vacant position, the District shall notify the Association. 23 24 25 26 Section 8.8.1. The position of Special Education bus driver and Special Education Bus Aide will not be subject to the provisions covered in Sections 8.6.3, 8.8 and 8.9. 27 28 29 30 31 32 33 34 35 Section 8.9. In the event of a layoff* or a reduction in force, employees so affected will first bump into a position in their own classification. If the classification has been eliminated, employees so affected may exercise their total District (hire date) seniority and ranking within the bargaining unit to bump into any classification he/she feels qualified to fill and that is acceptable and substantially equal in compensation and benefits. However, if the employee bumps into a classification in which he/she was not previously employed in the District, it will be the employee’s responsibility to certify, to the District’s satisfaction, that the employee is qualified. In this event, the District may require a test. 36 37 38 39 40 41 42 Section 8.9.1. If, after a reduction in force, an employee has assumed a different job classification by way of exercising his/her hire date (District) seniority, a position within his/her old classification is again established, he/she may return to his/her old classification or original position with seniority reactivated to hire date within that classification as if there was no break in the continuity of his/her employment. 43 44 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 18 of 27 1 2 3 4 5 Section 8.9.2. Members of the bargaining unit so placed on layoff* status shall be put on a reemployment list maintained by the District according to hire date (District) ranking. Such employees are to have priority over new hires in filling any open or new positions within the bargaining unit. This file is to be maintained for two (2) years. 6 7 8 9 Section 8.10. Employees on layoff status shall file their addresses in writing with the personnel office of the District and shall thereafter promptly advise the District in writing of any change of address. 10 11 12 13 14 Section 8.11. An employee shall forfeit rights to reemployment as provided in Section 8.9 if the employee does not comply with the requirements of Section 8.10, or if the employee does not respond to the offer of reemployment within fifteen (15) days. 15 16 17 18 19 Section 8.12. An employee on layoff status who rejects an offer of reemployment forfeits seniority and all other accrued benefits; provided that such employee is offered a position substantially equal in compensation and benefits to that held prior to layoff. 20 21 22 23 24 *It is the intention of the District and the Chapter that in the event of a layoff, a reduction in force, for whatever reason, no employee will be out a job with more hire date seniority than any employee still on the job. 25 26 27 28 ARTICLE IX 29 30 DISCIPLINE, DISCHARGE, RESIGNATION AND RETIREMENT OF EMPLOYEES 31 32 33 34 35 Section 9.1. The District shall have the right to discipline or discharge an employee for justifiable cause. Any disciplinary action or measure imposed upon an employee may be processed as a grievance through the grievance procedure hereinafter provided. 36 37 38 39 40 41 42 43 44 Section 9.2. If any employee desires to quit or if the District discharges an employee, two (2) weeks written notice shall be given; provided, however, that the District is not obligated to give such notice where an employee is discharged for immorality, insubordination, intoxication, or just cause. An employee who terminates employment with the District without giving the District two (2) weeks written notice will lose their share of accrued vacation time. An employee who has provided two (2) weeks’ notice and has unused accrued vacation hours, shall receive payment for those hours on his/her final paycheck. Termination of employment also terminates seniority. 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 19 of 27 1 ARTICLE X 2 3 ASSOCIATION MEMBERSHIP AND CHECKOFF 4 5 6 7 8 Section 10.1. Each employee subject to this Agreement, who, on the effective date of this Agreement, is a member of the Association in good standing shall, as a condition of employment, maintain membership in the Association in good standing during the period of this Agreement. 9 10 11 12 13 Section 10.2. All employees subject to this Agreement who are hired at a time subsequent to the effective date of this Agreement, shall, as a condition of employment, become members in good standing of the Association within thirty-one (31) days of the hire date. 14 15 16 17 18 19 20 21 22 23 Section 10.3. The parties recognize that an employee who was hired after the effective date of this Agreement should have the option of declining to participate as a member in the Association, yet contribute financially to the activities of the Association in representing such employees as members of the collective bargaining unit. Therefore, as an alternative to and in lieu of the membership requirements of the previous sections of this Article, an employee who declines membership in the Association may pay to the Association each month a service charge as a contribution toward the administration of this Agreement in an amount to be specified by the State Organization. This service charge shall be collected by the Association in the same manner as monthly dues. 24 25 26 27 28 29 30 31 32 Section 10.4. Nothing contained in this Agreement shall require Association membership of employees who object to such membership based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. Such employee shall pay an amount equivalent to normal dues to a nonreligious charity or other charitable organization mutually agreed upon by the employee and the Association. The employee shall furnish written proof that such payment has been made. If the employee and the Association cannot agree on such matter, the Public Employment Relations Commission shall resolve it. 33 34 35 36 37 Section 10.5. Checkoff. The District shall deduct Association dues or service charges from the pay of any employee who authorizes such deductions in writing pursuant to RCW 41.56.110. The District shall transmit all such funds to the Treasurer of the Association on a monthly basis. 38 39 40 41 Section 10.6. The District will notify the Association President of all new hires within five (5) workdays of the hire date. 42 43 44 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 20 of 27 ARTICLE XI 1 2 GRIEVANCE PROCEDURE 3 4 5 6 Section 11.1. For the purpose of this Agreement, a grievance is defined as a violation of this Agreement. 7 8 Section 11.2. Grievance Steps. 9 10 11 12 13 14 15 16 Section 11.2.1. An aggrieved employee shall first discuss the grievance with his/her immediate supervisor. If the employee so wishes, an Association representative at such discussion may accompany him. All grievances not brought to the immediate supervisor in accordance with the preceding sentence within thirty (30) days of the occurrence of the grievance shall be invalid and subject to no further processing. The parties shall have five (5) workdays from this meeting to resolve the grievance. 17 18 19 20 21 22 23 24 Section 11.2.2. If no settlement has been reached within the five (5) days referred to in the preceding subsection a written statement of grievance shall be submitted within fifteen (15) workdays to the Superintendent or his/her designee. After such submission, the Superintendent or his/her designee shall have ten (10) workdays from the submission to render a decision in writing. These time limits may be extended by mutual agreement of the parties. If an agreeable disposition is rendered, all parties to the grievance shall sign it. 25 26 27 28 29 30 31 32 Section 11.2.3. If no settlement is reached within the ten (l0) days referred to in the preceding subsection and the Association believes the grievance to be valid, the grievance shall be submitted for arbitration within ten (l0) workdays. If the arbitrability of the grievance is an issue, the issue shall be resolved in accordance with RCW 7.04.030 and RCW 7.04.040. The award of the arbitrator shall be final and binding on the parties. All costs related to the arbitrator shall be borne equally by the parties. Each party will pay their own expenses. 33 34 35 36 37 38 39 Section 11.2.3.1. Should the grievance not be validated by the Association as prescribed in Section 11.2.3 and the grievant wishes to appeal to the PSE State Grievance Panel the parties will mutually agree to hold the grievance timelines in abeyance for twenty (20) workdays until the PSE State Grievance makes its decision. After such decision the grievant will have ten (10) workdays to submit the grievance for further action. 40 41 42 43 Section 11.3. For the purposes of Article XI a workday shall be defined as those days the West Valley School District office is open for business. 44 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 21 of 27 1 ARTICLE XII 2 3 SALARIES AND EMPLOYEE COMPENSATION 4 5 6 7 Section 12.1. Employees shall be compensated in accordance with the provisions of this Agreement for all hours worked. 8 9 10 11 Section 12.2. Salaries for employees within the bargaining unit, subject to this Agreement, during the term of this Agreement, are contained in Schedule A attached hereto and by this reference incorporated herein. 12 13 14 15 16 17 Section 12.3. Salaries contained in Schedule A shall be for the entire term of this Agreement, subject to the terms and conditions of Article XIII, Section 13.3. Should the date of execution of this Agreement be subsequent to the effective date, salaries, including overtime, shall be retroactive to the effective date. 18 19 20 21 22 23 24 Section 12.4. Retroactive pay, where applicable, shall be paid on the first regular payday following the execution of this Agreement if possible, and in any case not later than the second regular payday. In the case of retroactive pay resulting from negotiations pursuant to Article XIII, Section 13.3, such retroactive pay shall be paid on the first regular payday following agreement on such schedule, if possible, and in any case not later than the second regular payday. 25 26 27 28 29 30 Section 12.5. Incremental steps, where applicable, shall take effect on September 1 of each year during the term of this Agreement; provided, the employee has been actively employed continuously for at least one-half (1/2) of the previous employment year. This section does not apply to the longevity steps on Schedule A that involve the completion of the 10th, 15th, 20th and 25th year. 31 32 33 34 Section 12.6. Any employee who changes job positions or classifications shall receive full longevity credit regarding step placement on Schedule A. 35 36 37 38 Section 12.7. For purposes of calculating daily hours, time worked shall be rounded to the nearest one-quarter (1/4) hour. 39 40 41 42 43 44 Section 12.8. Any employee required to travel from one site to another in a private vehicle during working hours shall be reimbursed at the rate established by the Internal Revenue Service for transportation allowance. Changes in reimbursement levels will be made at the time the Internal Revenue Service establishes its new rate. 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 22 of 27 1 2 3 Section 12.9. Employees required to remain overnight on District business shall be reimbursed for room and board expenditures. The District will pay reasonable meal expenses. 4 5 6 7 Section 12.10. In the event that longevity steps are funded by the State for classified employees, the parties agree to reopen for negotiations. 8 9 10 11 12 13 14 Section 12.11. All permanent employees subject to this Agreement shall be compensated for three (3) in-service days per year when those days fall outside the employees normal workdays or hours. Attendance at inservice days is at the option of the employee and must be approved by the District. Any in-service day(s) required as a condition of employment may not be excused. Employees shall be compensated at their normal hourly rate for all approved hours in attendance at in-service days. 15 16 17 18 19 Employees may choose to use their in-service days to help offset their out of pocket insurance costs, should the employee choose this option h/she will be expected to attend up to three(3) District required in-service training days without additional pay. Two hundred and sixty (260) day employees shall be entitled to a fourth in-service day. This additional day may not be used for insurances. 20 21 22 23 24 25 ARTICLE XIII 26 27 TERM AND SEPARABILITY OF PROVISIONS 28 29 30 Section 13.1. The term of this Agreement shall be September 1, 2013 to August 31, 2016 31 32 33 34 Section 13.2. All provisions of this Agreement shall be applicable to the entire term of this Agreement, notwithstanding its execution date, except as provided in the following section. 35 36 37 38 Section 13.3. This Agreement may be reopened and modified at any time during its term upon mutual, written consent of the parties. 39 40 41 42 43 44 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 23 of 27 1 ARTICLE XIV 2 3 WAIVER 4 5 6 7 8 9 10 11 12 13 14 15 Section 14.1. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter as provided in RCW 41.56 and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Board and the Association for the life of this Agreement voluntarily and unqualifiedly waive the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. Matters of common concern may be subject to negotiation during the period of this Agreement upon the request and mutual agreement of both parties. 16 17 18 19 ARTICLE XV 20 21 SAVINGS 22 23 24 25 26 27 28 29 Section 15.1. If any provision of this Agreement is held to be invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any such tribunal, the remainder of the Agreement shall not be affected thereby, and upon the request of either the Board or the Association, the parties shall enter into negotiations for the purpose of attempting to arrive at a mutually satisfactory replacement for such provision. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 24 of 27 APPENDIX A 1 2 WEST VALLEY (SPOKANE) SCHOOL DISTRICT 3 4 MAINTENANCE AND OPERATIONS 5 6 2013-2014 7 8 9 INSURANCE 10 11 12 13 A. Funding: The District shall provide the State funded insurance allowance prorated per FTE. Insurance payments shall be increased during the term of this agreement by an amount provided by the State. The District shall contribute any “carve-out” required by HCA/legislature. 14 15 16 17 18 1. The District shall contribute an additional three hundred seventy-five ($375.00) dollars per year, per FTE into the classified insurance pool to help offset out of pocket costs for employees. This amount shall be dependent on the District maintaining an ending fund balance of five (5%) percent. 19 20 B. FTE: An FTE shall be defined as 1,440 hours worked per year and shall be distributed pro-rata. 21 22 23 24 C. Additional Funding: The District shall provide an additional seven dollars ($7.00) per driver to bus drivers in addition to the State funded insurance allowance. Each bus driver who signs up for extra trips will be compensated three ($3.00) per roster. 25 26 27 D. Allocation: The PSE M&O has selected as their basic benefits - Medical, Dental, Vision, and Life (must work a minimum of twenty [20] hours per week to be eligible for Life Insurance). 28 29 30 31 32 All employees are required to select dental, vision, and, if eligible, life insurance. After providing basic benefits to employees, any unused monies shall be pooled and reallocated to employees with out of pocket costs. In the event there are no out of pocket costs after providing basic benefits for all employees, the additional monies can be used for optional benefits 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 25 of 27 WEST VALLEY (SPOKANE) SCHOOL DISTRICT SCHEDULE A WEST VALLEY M&O SEPTEMBER 1, 2013 - AUGUST 31, 2014 1 2 3 4 5 6 11 16 21 26 31 TRANSPORTATION Head Mechanic Assistant Mechanic Bus Driver Bus Aide/Bus Washer Experience 18.78 16.39 15.59 12.67 19.17 16.74 15.89 12.88 19.57 17.01 16.16 13.12 19.95 17.29 16.44 13.36 20.37 17.59 16.77 13.58 20.79 17.87 17.07 13.85 0.25 0.25 0.25 0.25 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 1.00 1.00 1.00 1.00 1.50 1.50 1.50 1.50 MAINTENANCE Head Journeyman Carpenter/ Heating Control Specialist Building/Grounds/Maintenance 18.71 16.60 19.07 16.95 19.37 17.23 19.75 17.52 20.02 17.80 20.38 18.09 0.25 0.25 0.50 0.50 0.50 0.50 1.00 1.00 1.50 1.50 TECHNOLOGY Technology Support Specialist Assistant Technology Support 19.26 17.06 19.66 17.40 20.00 17.66 20.36 17.94 20.70 18.23 21.04 18.51 0.25 0.25 0.50 0.50 0.50 0.50 1.00 1.00 1.50 1.50 CUSTODIAL Custodian/Courier Head Custodian I (Millwood/DHHS) Head Custodian II Head Custodian III (CMS) Head Custodian IV (WVHS) 14.74 15.20 15.74 16.57 17.65 14.96 15.54 16.09 16.90 18.01 15.25 15.80 16.35 17.15 18.25 15.52 16.16 16.70 17.51 18.60 15.86 16.45 16.99 17.80 18.88 16.10 16.71 17.24 18.05 19.15 0.25 0.25 0.25 0.25 0.25 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 0.50 1.00 1.00 1.00 1.00 1.00 1.50 1.50 1.50 1.50 1.50 Payment for longevity steps will begin on the employee's anniversary date following completion of the 10th, 15th, 20th, 25th and 30th years of service. 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 26 of 27 1 2 3 4 5 SIGNATURE 6 PAGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PUBLIC SCHOOL EMPLOYEES OF WASHINGTON/SEIU LOCAL 1948 21 22 23 WEST VALLEY (SPOKANE) MAINTENANCE & OPERATIONS WEST VALLEY (SPOKANE) SCHOOL DISTRICT #363 BY: BY: 24 25 26 27 28 /signed by/ Steve Kelly, Chapter President /signed by/ Douglas Matson, Deputy Superintendent 29 30 31 DATE: 10/29/13 DATE: 10/31/13 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2013-2016 Collective Bargaining Agreement West Valley M&O PSE / West Valley School District #363 September 1, 2013 Page 27 of 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING SETS FORTH THE FOLLOWING AGREEMENT BETWEEN PUBLIC SCHOOL EMPLOYEES OF WASHINGTON/SEIU LOCAL 1948, WEST VALLEY MAINTENANCE AND OPERATIONS (M&O) CHAPTER AND THE WEST VALLEY SCHOOL DISTRICT #363. THIS AGREEMENT IS ENTERED INTO PURSUANT TO ARTICLE XIII, SECTION 13.3 OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT. In order to make a good faith effort to comply with 2012 Washington Laws (ESSB 5940), the parties agree that: 1. The provisions of this Memorandum of Understanding (MOU) shall supplement the provisions of the current collective bargaining agreement (CBA), all of which shall remain in full force and effect. If any provision of this MOU conflicts with the current CBA, the provisions of this MOU shall prevail. Any dispute regarding the interpretation or proper implementation of this Memorandum shall be subject to the grievance procedures of the current CBA. 2. The District shall ask an insurance broker to procure premium quotes for health benefit plans that meet the responsible contracting standards of ESSB 5940 and to document the approach for procuring such quotes. The quotes to be procured and plans offered shall include: a. At least one qualified high-deductible health plan (HDHP) and health savings account (HSA); b. At least one health benefit plan in which the employee share of the premium cost of a full-time employee, regardless of whether the employee chooses employee-only coverage or coverage that includes dependents, does not exceed the premium cost paid by state employees during the 2012 state employee benefits year; and c. Health plans that promote health care innovations and cost savings, and significantly reduce administrative costs. The quotes procured by the broker shall be reviewed and the choice of plans offered shall be made using the same procedure for selecting health plans as was used in the 2012-2013 school year. 3. To ensure employees selecting richer benefit plans pay the higher premium, and make progress toward the 3:1 ratio goal of full-family to employee-only coverage premiums in ESSB 5940, each employee included in the pooling arrangement within the CBA who elects medical benefit coverage shall pay a minimum out-of-pocket charge by monthly payroll deduction. The minimum monthly charge shall be 2% and shall be paid regardless of the impact of pooling. Employees may continue to choose to use Annual Leave and/or In-service pay to offset their out-of-pocket insurance costs and will only be subject to the above minimum charge if it is more than their actual out-of-pocket costs. Memorandum of Understanding (ESSB 5940) West Valley M&O PSE/West Valley School District #363 September 1, 2013 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 4. If any bargaining unit member(s) drop their district sponsored health insurance due to eligibility for coverage through the Affordable Care Act, the District will re-calculate and redistribute the pool dollars. 5. An employee who chooses the high-deductible health plan (HDHP) and health savings account (HSA) may self-fund the HSA, by monthly payroll deduction, and the District will match the employee’s self-funded allocation, from pooling dollars, up to $25.00 per month, but in no case will the combined total exceed the annual maximum allowed by the IRS. 6. The district insurance committee, which includes PSE members, will meet on a regular basis in the 2013-2014 school year to address any additional legislatively mandated changes including any related to the Affordable Care Act. 7. The parties shall abide by state and federal laws relating to school district employee benefits, and this MOU shall be construed consistent with such laws. This Memorandum of Understanding shall be effective for the 2013-2014 school year and shall be attached to the current Collective Bargaining Agreement. The parties shall meet prior to May 1, 2014, to discuss whether to renew or amend this MOU for another year. PUBLIC SCHOOL EMPLOYEES OF WASHINGTON/SEIU LOCAL 1948 WEST VALLEY M&O CHAPTER WEST VALLEY SCHOOL DISTRICT #363 BY: BY: DATE: /signed by/ Steve Kelly, Chapter President 10/29/13 Memorandum of Understanding (ESSB 5940) West Valley M&O PSE/West Valley School District #363 DATE: /signed by/ Douglas Matson, Deputy Superintendent 10/31/13 September 1, 2013 Page 2 of 2
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