The URL can be used to link to this page

Home My WebLink About98-02124 ~ " ~. )1 ~ ~ ~ ~ .~ 1 ..::: ~ ' (j ''''. "" ~ )\1\ 111 ~ '~""" ,., 't. 0"- ,,~ \ ~ ~. "" ~ ~ " V)........ tr ~).: ~ ~ ,,' ~~ ' r ' " '.'1 ~ ... ~ WEST SHORI EDUCATION ASSOCIATION! PSIA!NmA/ and PAUL W. IURICH, Plaint1.ffl IN THE COURT or COMMON PLlA8 or CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-2124 WEST SHORI SCHOOL DISTRICT, Defendant CIVIL ACTION - EQUITY ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS 1Q-.QQHPLAINT IN DEC~TORY JUDGMENT AND NOW come Plaintiffs, West Shore Education Association/PSEA!NEA and Paul W. Eurich, by and through their counsel, KILLIAN & GEPHART, and file the following Answer to Defendant's Preliminary Objections to Complaint in Declaratory Judgment: 1. Admitted. 2 . Admitted. 3 . Admitt.ed. 4 . Admitted. 5. Admitted, 6. Denied as stated. The Complaint in (-) {-" ,{) en " "n .( , '-'(' :~,: \ , l'TL r,~~\ ,':0 , _ ,") ; ',,~ .) id --) ,;j ",\;:. {il ( ."-~ ..- ,.. CD ", .. ;..," -- '...n Declaratory ':J:udglflent" filed seeks an interpretation of 24 P.S. ~5-513. 7. Denied as stated. By way of further answer, the Collective Bargaining Agreement speaks for itself. 8. Denied as stated. By way of further answer, the Collective Bargaining Agreement speaks for itself. 9. Denied as stated. By way of further answer, the Collective Bargaining Agreement speaks for itself. 10, Denied, It is specifically denied that the Declaratory Judgment action filed by the Association and Mr. Eurich in this matter questions the "interpretation" of the Collective Bargaining Agreement. '1'0 the contrary, the Association and Mr. Eurich question whether the District's actions are legal under State law. 11, Denied as stated. The Complaint in Declaratory Judgment requests a determination regarding the proper interpretation of 24 P.S. S5-S13. 12. Admitted. 13. Denied. It is specifically denied that the relief requested by the Association and Mr. Eurich requires this Court to interpret certain provisions of the Collect.ive Bargaining Agreement. By way of further answer, the Association and Mr. Eurich have requested not that the Court interpret any particular provisions of the Collective Bargaining Agreement but I instead, that the Court interpret 24 P,S. SS-S13. 14. Admitted. 15. Admitted. 16. Denied. It is denied that the Association's filing of this Complaint in Declaratory Judgment is an attempt to sidestep the provisions of the Collective Bargaining Agreement. Rather, the instant action was filed in anticipation of the District's objection to the arbitrability of the issues raised herein. 17. Admit.ted. 18, .1),dmi tted, 2 .. , / .. '.1. f'.,':",,,~ ' oW <t-,'_' ~""<f,,+_ f ........'-< , , c~. ~( ,~ " ,~ ~~'-'I/~' ; ",,;'1 . " ' ;"';'"IJ."V ~ ,f__" " t.~, ; .. c., \ " }." . ", . , ,,~". '1'_"\\ r, ' -~. ... ' \~~...\. '~ ' ~-: . " , I' ti.~ .. li , ''''" ';'.i' j~y..\., "~I )<' , .. I"~ of .. ~'fJi-; J~~f' l '., ,;t It\ , " ~ :'~" t '7':' ~ _'j "'-t;, jV1 ".. ., ':w: ~ ." ~ , ~... ;" , .'" , -, ~ v .s- If' ~ '0 "" 0. '(< ~ ~ o ~ "" . , ,,"' (<' ~,., <<? ~,., 9>? <5>~ G>,., <1. ~ <6 ;.>..... ~ 0<< "t.. G> ~ .0:\ '\~ -<\ ~~ ~~ 9'~ .0"1 .0 't~ ~ ~~<!,. '-;~ "t (<.... ~~ ~~o() . ....~~ ~~ <!,. - , ~ ~ ~ t. '+ ~~ ?a ~C} ."" ~ ~~ 99~ '>... ~ ~ ~ <5><< " ,," v'l ,," ~ " ,," 'to ~\. ~~~ .~~ 0.;;> o~.. '''). <b -~ ~t?t. ~t6 'cPA ~~ ~A~ "-q. .., ~ ~ ~ ~ ~ ~.;. ~ ~ % 1, ~ ~ ~ ~ ..,~ ~ 9t. "'.s> , ~ ", v , ~ ~ "). ~ 00 <5>0 ~, -6 <:- 0 .~ U, tIl...... ?<5> ~ ~~ 'l>Q. tIl..... c',,>: '% ~ - ~ -k ~?<< +~~ ",;><< -,<<s;.. ", .. <l> '<: "'-i' ,() ~. - ~vp~Oo", ;.> '1 "\!> ,,>: <t: ~,r. 9>Q. ? ~ Q' ,() 9>'2. ~, .0 ~ "".L\ 9> ,r. O ''?> ~ > ?,< :0 - '< ',r. ~ 1- ~ o 9>Q <l> <<,,>: Q' o t ?<l> "" <', 'V .... ~ <1 <<0 << Q ?~ 'i % :0..... '0 9>Q. 9>,r. ;.>..... Q' ?<< o~ <;, -:; T' ~ ~ \9- 0<< ~ -9. ~ ~o ~ ':> 9><< o <l>~ c' ,,>: ~ tIl ? 0..... "',., ,., ~,r. ... 9><< << ,., 0,., 0 '..L '1<;>.: '1<;>.: ~, '1<;>.: ~, <<<< '1<;>.: ~.... <<<< G>Q' <l> '1<;>.:~"" <<c' ~Q' ~~~ ~ ~.... <<<< ~c;v <l> ?.... c'<< ~c;v ~ 9>? ~c;v G>C;V . .... ,r. 9> ~C;V ?c' <l> , 9> ~ <S> :? <So ~ (< G> "" 9>(< ?(< <Soc' ~<< ~Q' 9><< 9> . ~ ~ c',,>: < ~Q'0.A 9><< 9>~ ?? ~?' <So ~ 0"" G> . ",,:t. Q ~~'%>"'V\ :t. .... ~ ,() ;.> ~ c' o~ . 9>y 9> <So '<. <.!> T..... ~ ~..... ...... . '''c' 0"" "" ~,., ~ ,r. ...... c'? ',s.? ~,., Cll,., "'~ ~ <<? 9> 0 @,., ?<So ~ ~ ,., 'l'? G>,., 9><< <So - 0,., \ <<1. '..L ,., ~ u, - ,. ~ <1. <6 $, G> ;.>'" ~Cll <6 'Cll ?<< ~ Oc' ~" "t.. 'c' Cll "t.. G> ~ 0,., G> 10. Denied. It is specifically denied that the Declaratory Judgment aotion filed by the Association and Mr. Eurich in this matter questions the "interpretation" of the Collective Bargaining Agreement. To the contrary, the Association and Mr. Eurich question whether the District's actions are legal under State law. 11. Denied as stated. The Complaint in Declaratory Judgment requests a determination regarding the proper interpretation of 24 P.S, !is-513. 12. Admitted. 13. Denied. It is specifically denied that the relief requested by the Association and Mr. Eurich requires this Court to interpret certain provisions of the Collective Bargaining Agreement. By way of furt.her answer, the Association and Mr. Eurich have requested not that the Court interpret any particular: provisions of the Collective Bargaining Agreement but, instead, that the Court interpret 24 P.S. !i5-513. 14. Admitted. 15. Admitted, 16. Denied. It is denied that the Association's filing of this Complaint in Declaratory Judgment is an attempt to sidestep the provisions of the Collective Bargaining Agreement. Rather, the instant action was filed in anticipation of the Dist.rict's objection to the arbitrability of the issues raised herein. 17, Admitted. 18 . AdmJ.t ted . 2 ... ,... '- f !~ c:; f:: 1-;'; , .. \ Ef IJ i ~ I N 1 () ~ , , , n,' ~i: "i (I', Ct.! , /t) h)!' --. ! 1'_;'; rj,'i; , [':1 , I:.J ('L- I :::j " /.1" rl'} ') (J ell U ~ (") f::; In ...~. .~ I~ .. ~~<r N C~ f (.J;~ ~ I.')';~ -;,. J._ M ,"r.b') .~ I )...". i.i: '50 ~ 1!.J6j U:to.., ~ & m -;:) u J '0\ .- " " , -'( ,.,,: 'q " , 4I!"" \'f~~; ''\ ;' fl., ", '''iQ<~~ ,.1,)'. ,~ " " ,\.' '. .," 'l.l,", ,( . ';I" \~ ..d-'. .' I ~,\ ~ 4/' ',J.' '}, " .,.!,:'" ,t'\~ ,}j; ,j -~ 'II, ~JL',\' '~"i1:" K " , \; 'I., .~/ :fr~~' fAt- t,~ \i' . ~ " , \ ~~lt" , i -" __I ~ .." it! ,l~~. 1~'~' "~i fr; . .~ ';'1 ... ~ , ~.. IV' , '" -,. ,,t it_'; y , \ ~ ) ! " ; , I I . +,e ..o<9.~.?> ~"",,4>.s.. ~O<l> ~ /~ '9.?> .~ 4'1.>,,- <9. <t ~ 1$1; r. ..0.. .?>-l; 0~4'. ..o-lll~ o,j.> 4>~ .o(~ 4: '*4><9- ;s.o to( 4',....0 I.> 'O~ -I'~-~-l; 'C>~.A o ,~".' "'-'. ~O " ,.'q.' '0 , ,. "" ~. ... .., _, ". k. .. .. ' '0 0, ., ". ' ~ ' , , ',;' , ~ ' "tt o " '< ~O <q , ...~ ., '" 0.. 0) ", ~ " .. -e. ~ , " 0 ~. q , 0 '. ~O 00 ~O '0 -, '!e <0 "'-%." ,...."...... .1-0" .'. '" "_" '" . 0 '->.'''' 0 ~ "~p. c:1 / "0 0..- ~O .'!e 0.. '. '0 ~" ~O ~O ~ ~~.. wy.. ~J-"O.r." ", 'lo, >- '. ", 0'0 '. 'lo ' ~'O "'.' <). 9' ~ , 0, 0, ' 00, ., 'c ""0 ", -,' ~ '0 r ,,~"" o 0, 0, ~o '0 ;'0 0" '0 · ~'~ · .. ... '. J- <~ " ,,' 0 c "" . "" .. "0 0" ~ 0, " _, ' ' 0, o. 0 ;'0 'b .~ , " . _ '. " ;'0 " ~l'" " u,.... 0 ~ '%. ;'0 ~o ". 0" 0" ", " 0,.' -, 'l- ",. q~. ~~ ". ' 0 0", ';'0 0" o,~ .000 0, ;'0".', "0.'" ~ '!e ';. ~,," '0 '0 II;. OON '" 0 N ,.".. I ,00'.' ,.(." ,..' ..., 0., 0, '. 0 0, · 0, "'0 , ~, <~o, "" '. .,," 0 0" 0, ~ " 0., 00 <0" ,,/e 00 00, "'''. "0, o. 0 0, '0 o. """ .. ~ 01 ,'" ,,0 0 0, OJ ~~~ 0 ~ % , V ~ ~ ~ ~ ~ . ." ' ,,' J- "0 .' I",,". 'b "<0 0, 0, '" 0" 00. '0 ." " '. o. ,. ~ 0" '" ' ';. " " ' 0,,<> '0 ,,' Q;. · 'I 0 '0 ." . 0 '" ';. 'I .' ,00' 0 .....~ " 0, '" 00, '0 '0 '. ~ ~ ~ ". 0 '" 0 ,.', Ob 01 'I q 0 <:; ,." 01 " · 0, · "0", ~ . ,,"" '0, 0 o. .. o 1> <- {l~ '" q..9; C4 0",. If> O<jl; :(9: C{l {lcy <'/.f {l "4' 1>~ 0" ;;C cy .fA ~~ 0'" ;C ". ~ ~., C "'1> ~.o' .f. <J;. C4 (,/il '.$'O-l>../';;' ~O C {l 0'-1 ~ .h '.J:-C 4{l (, 1><< Ou ql) .y~(, ~ ~b C -.0 0;;. <jI; ~.(: 01> ,,~ CI q0 ?6~ <-.; 0~ ql)cy <-, C '<.f 00 0 1>. <&.;~ ./ lI~~<-C ~';' 00;' <<l {l.oll CQl ~4 {l"" '.J:-C 0 '?l.f o '<I) 4 1I<- I) . 1J{l ~;. Oq c4 -l~c (>:;~ ~~ Oq <-q ,/}I) . <2 <&{l C ) -lq 9'q ,0<- .? q<- '" ?o ./ > {l 0,. ,0 "<- 6'.;> ./.) c4 00 '.) ;;. .) './ &> 00 '.J:- 5. Pursuant to the terms and conditions of the collective bargaining agreement, employees of the West Shore school District are given an option to forego receipt of retirement proceeds in exchange for the District's agreement to pay for a retiring employee's health benefits. 6. Specif ically, Section 9.08 of t.he collectlve bargaining agreement states t.he following: 9.08 (a) A teacher planning t.o retire may elect to receive either the early retirement option, outlined in subsection (b) of this paragraph, or superannuat.ion, outlined in paragraph 9.09, but not both. Whichever option is chosen, one hundred twenty-five percent (125%) of the entitled amount may be applied toward payment of health care benefits. The election of health care benefits in lieu of a cash payment must be made pursuant to the same notification conditions outlined in paragraph 9/08(b) and paragraph 9.09, a retiring employee, instead of receiving either the Retirement Incentive or the superannuation, may elect in writing (which election shall be final) to have the district pay his/her individual (not dependent) Blue Cross and Blue Shield medical/hospital, major medical, dental and vision insurance until age 65. The maximum amount whIch the Board shall be obliged to pay, however, shall be an amount equal to one hundred and twenty-five percent (125%) of the Ret.irement Incentive for which the employee would have been eligible. The retiring employee may also elect to allocate a portion of the amount to which he/she is entitled under paragraph 9.08(b) or paragraph 9.09 toward health care benefits, as herein described, with a partial cash payout of the remaining amount in the manner provided by either paragraph 9.08(b) or paragraph 9.09. 7. Plaintiff, Paul W. Eurich, has requested to make t.he Section 9.08 selection and has been advised by the District that if he should make this selection, his dependent spouse may not continue coverage under the District's health benefits plan under any circumstances. 2 , . 'h' o"t"ot ,,,. .dv i..d ".int Iff, ..., "'"" EduC.t ion .,'00 i.t ion , th.t it int.,p,.t. s.ntion 9.0B ., off.,ing ..p10Y'" tho option of t"ding ,.""..nt h'no"" ,or h,,1th h...m. hut th.t, .hou1d thi' ..l"t ion h. "d., d.p.nd.n' .pou." will not b. ..v".d und" tho oi" dct" h,,1t h b.n.m p..,.g. ,.g"d'''' of 9. Tho oi."ict'. in"",,,,,tion of thi. ..nt'"t p,ovi.ion would th.,.fo" .n.b1' . ,oti,in. .,.loy" to uni,.t.,"lY cut off the benefits of his or her dependent spouse, 10. ",. Eu,ich" ,pou" b.. not be.n ..p1oy.d full ti.' fo' "ny y..,. .nd b.. no oth.' option' fo' h..,th cov.,.g. ..id' f'o. their ability to pay. coverage provided under her husband's employment. 11. ,b' P1.intiff, b.1i'v' .nd th.,.for' .v.r th.t tbi. in",p""tion of s"tion 9. OS of tho ..ll"tiv. h.rg.ining .gr....nt i. . c1..r viol' tion of 24 p. S. ". ,13 {b .11 {11, which .t"" tho following: sch..1 di.tric", i n",,,di'" uni" .nd "" vo"tion." t"hni'" .choo1' .ha11 gi v. ..p 10y" and ",.i, d"""""'" upon tho ..p10y'" "ti"..nt, tho option of continuing ..vor.g. in th' group h,,1th p1.n co which th'Y b.,ong.d .. employes. 12. 2' P.s. "."3, th.r.fo", not only c,..t.. .n oblig.tion on tho p"t of tho oi"d" co provid' h,,1th beno"" co an ...,oy", but .1" provid.. d.pend.n" of ..p10Y'" · ".tutory .ntit1...nt to continu.d oov.r.ge .ft.r the ..p10y.e.' ,.ti,...nt. (Emphasis Added) . 3 13. The Plalntiffs believe and aver that. the above"noted interpretatlon of the collective bargaining agreement violat.es 24 P.S. ~5-513 of the School Code by:, (a) Allowing a dependent spouse's insurance coverage to be cut. off by the unilateral action of the employee; and (b) Allowing the District to contractually escape its obHgations under the School Code to provide cove,t"age to eMployees and dependent spouses following retirement. 14, The ability of a retiring employee to unilaterally cut off the benefits of a dependent spouse creates the danger that, in the case of a separation or other domestic dispute, a retiring employee will use his contractual ability to cut off the health insurance benefits of a dependent spouse as a tactical weapon. 15. The West Shore EducatIon Association has requested that the Oistrict modify its interpretation to abide by the requirements of 24 P.S. ~5-513, but the District has refused. 16. The Plaint.iffs believe that the collective bargaining agreement should be interpreted to allow an employee to make the 9.08 selection, but that such selection should not cut off the benefits of the dependent spouse. 17. Therefore, Section 9.08 should be interpreted in the followlng manner: 4 . -) COLLEC7'IVE BARGAINING AGREEMEN7' BY AND BETWEEN WEST SHORE SCHOOL DISTRICT (hereinafter referred to .. the "Board'), IUld WEST SHORE EDUCATION ASSOCIATION (hereinafter referred to.. the 'AIIOel.tiOD'). ART-IOU 1. PlJRPOSE OF AGREEMENT ......._._.................................................................1 1.00 1.01 1.02 Preamble ................................................................. ..........................................................,.....1 Promotion of Efficiency '0 ......... ........... ..... It ............ to................ ,...... .......... .,. 't ,.......................1 Alaociation Responsibility ..................... ........ ................,...oo..... ....... ........... ...... .......... ..........1 .4.RTICU n . RECOGNITION ..........................................................".........................................1 2.00 2.01 2.02 2.03 Msncia tiOD ........ .... It............... ....... ... ........................ .... .......... .............. ...... .... ............ .......... ..1 Unit .......... ...... ,........................ .........................u........................... .........................................1 Association Membership ........................................................... ................................u.... ......1 Membership Dues Deduction ................................................................................................2 .ARTICLE 111. LEA l'ES OF ABSENCE ................................................................004........-.........2 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 Association Activities ...................................... i......................................... ........ .................... 2 Sabbatical ~aves _....... ........ ...........................,......... .............................................................2 Bereavement. Immediate Family ...................................................................................."...3 Bereavement - Near Relative .........,.............. .........."..........................,......................... ........3 Bereavement. Payment ................................... ............................................0........................ 3 mness and Injur:y .................... .... .......................................................................... ,............... 3 Family and Medical I.,eave Act .............................................................................................4 Extended Absence ........ ................................ .......................................................................... 6 Personal I.,ea ve ......................... ............... .~.......................... ..................... .............. ................8 Requests and Control of Personal Leave ................,....................,....,..........................,...,....8 Lunch Period .................................. ...............u.......... .......~..................... ....................... ......... 8 Professional Absence .............. ........................................... ............................................ ........ 8 Elected Officer .,......,....".................................... ...,....,...... ........ .... .,.,..,... .,.....,. ,.............'.. ,.... 9 Jury Absence .............................................................................. .....',...................................... 9 Milita.ry Service ............. ..................................................................................... ..... ..............9 AR77CLE IV . ADDITIONAL CONTRACTS.AND ASSIGNMENTS ..................................... 9 4.00 4.01 4.02 Indi vid ual Contracts...... ....... .". ..................................... .......................................... ...............9 Job Assignments ........................ .,.. ...........,...,..... ...,.,.. ....................... ..........,......................,.. 9 Seniority .............. .......... ............................v.................................................u......................... 9 ARTICLE V . GRIEVANCE .AND ARBITRATION .................................................................10 ) 11.00 11.01 11.02 Complaint .... ..... .......................... .................. ......... .............. .......... ......... ......................... ,., ..10 Continued Business .... ........ ...... ... ..... .... ....... .......fi..................... .... ........ .... .... ....... .............. ..10 Procedure ................................ ... ........ ...... ............... ..........,., ...... ............ .................. .......... ..10 5.03 '....oelation Spokesmen ...................... .........u............. ....... ........... ..... ....... ........... .t. ....... ......11 ARTICLE VI. DISCIPLINE, DISCHARGE AND EVALUATION .......................................11 8.00 8.01 DiJcharie, DiJcipline, Suspell.lon, and Reprimand "....,,,,....,,,,.,,.,,.,,,,.,,.,,,,,,,,,,.,,....,,.,,,,.11 Employee EvaJ uation .........,..................................... .......................................................... .11 AR77CLE WI. COMPENSATION CUIJIS ..........................................................................12 7.00 Cooperation ...............................................................................................................".........12 AR77CI.E VIII. WORK SCHEDllLES .............u..........................................................._..,....12 8.00 8.01 8.02 8.03 8.04 8.05 Work Hours ..............................................................................................."..........................12 Planning 'l'ime ........ ..................................... ............... .......... ........ ..........""..................... ..... .12 Work Year ............................................................................................................................13 Job Vacanciea .................... ...................................................... .............................................13 Teaching Assignment ............................................... ........................... ............................, ...13 Teaching lJoad ......................................................................................................................13 ARTICLE IX . WAGES AND WORKING CONDITIONS ...............-..........................._........14 9.l)O 9.01 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.10 9.11 Claeaificatioos and Rates of Pay .........................................~................................................14 Extracunicu1ar Pay........ ...... ....................... ........................................................................14 'ITavel Reimbursement ............................................... .........................................................14 Payment .............................. ......................... .... .... ...... ..........................................................14 Retained Rates ................... ...................................................................................................15 New Positions ..... .................................................................................................................16 Tax Sbeltered Annuity ,...............,..............,...............,......,.....................................,........,..15 Credit Union ................................... .......... .... ......................................................H...............15 Retirement Incentive or Benefit Payment .........."...........................""........,.....................15 SuperannuationlDisa bill tylWltbdrawal Increment,.. ............................ ..... ,........... ,......... .16 Graduate Credit Reimbursement ............".........................,...,...........,.................,.............17 Exemplary Effort Recognition ...........,...................................................................,............17 ARTICU X .1NSlJRANCE ........................................................."............................................17 10.00 10.01 10.02 10.03 10.04 10.05 10.06 10.07 10.08 10.09 10,10 Medica1/Hospltal - Current Employees ..".........................."...................,....,.....................17 Medical/Hospital - Retired Employees ......................................................."..,................,..18 Medlca1/Hospital . Surviving Dependents ................................,..........................,.....".....,18 Medical/Hospltal - Suspended Employees ..,........"................."........,.......................,.......,19 Dental Care ....................................... ...................................................... .............................19 Vision Care ......................................................................................... ...................................19 Employee Particlpstion - MedlC<ll/Hospltal. Dental. Vision "....,.......................................19 Automobile Insurance .... ...........,........................."..... ...............,.... ....,. ................ ...............19 Workmen's Compensation .......................................................... ............................ .............19 'l'uberculin Skin Test.................... ................ .......... .............. ..................................... ........... 20 Life lnsurance ... ..........'.............. ............................. ............... ..... ................ ......... ......, ........, 20 ARTICLE Xl. CONFORMITY TO LAW. SAVING CLAUSE ......................"...."."...............20 11.00 Unlawful Provision ............,.........,..............,.. .............................., .......,... ...."......, .,............. 20 , , \c . 11.01 Remainiog ProvisioD .,............................ ...........................,........,........... .... ..,...... ........,. ... 20 ARTICLE Xli. ASSOCIATION PRIVILEGES ...................................................................... 20 12.00 12.01 12.02 12.03 12.04 12.05 12.08 12.07 12.08 Meet aDd Discuss Committee .,..........................................................................,.............20 Local LlailoD ......,..,..... ......... .......,. ..,...... .....,...... ........ ..... ................. ...... ......... .,.... ........ .,.. 21 Bulletin Board................................................................... ,. ,.....,........,.............................. 21 Mail Facilities ........................,..... ........,',..........................................,............................... 21 Use of Rooms ................................., ...................................... ............................................. 21 Complimenta.l")' T'ickots ............0 to, ........., ...........oo.... too....... ...... too.......... ...........OO....t....... to. 21 Vending Machines ........................ ....................................................................................22 Board Meetings ..............................................................~..................................................22 Statutory Rights ............ ......... ..........................................................................................22 ARTICLE XlII. EMPLOYER'S RIGBTS..__....................................................................... 22 18.00 Control of School System .............................................................~..................................... 22 'ARTICLE XlV. SAFETY AND HEALTH ..............."............................."............................... 22 14.00 14.01 Rest Rooms ............................................... ........u.............................................. ..., .............22 Safety ............................. ...............H...................................................................................22 ARTICLE XV . MANAGEMEl'IT WORK..................................................................................23 ) 111.00 SupervisOr:)' Pel'sonnel.....................................................................................n................ 23 ARTICLE XVI. LABOR PEACE ..............................................................................................23 16.00 Strikes, Etc. .................... .... II .... ......................... ..........0 ........................ ......... .......... 0' ...... to 23 ARTICLE XVII. TERMINATION CLAUSE ........................................................................... 23 17.00 Term..................................................................................................................................23 ARTICLE XVIn . MISCE~OUS ....................................................................................23 ) 18.00 18.01 18.02 18.08 18.04 18.05 18.06 18.07 18.08 18.09 18.10 18.11 18.12 Demands, Proposals and Waivers ..........".......,...................,.........................................,,23 Equality of Application ...,..........,..........,... ...... ................ .....,......,.......... .....,...... .............,. 24 Partial Invalidity .... ....................... .... ............................................................................... 24 Part-'I'i.me Teachers ...................... ...... ............... ..................... ............... ...........................24 Summer School, Homebound InstructioD, ExtensioD and Supplemental Program......24 Tenure .................................................................................................................... ........... 24 Assault .. .... ......................................................................................................... ............... 25 StudeDt EvaluatioD .......,...... .........,........,.. .......... ......,.................. ....,... ............. ...............25 No Substitute Benefits .............................. .................................... ...................................25 Modification ...........,.....,.......,......,.,......,.,.,....,.,.....................".............,............,...,...,....... 25 Captions .. ............................. ............................................. ........ ........... ......... ..... ............... 25 Multiple Counterparts .... ............ ................................... ....................... ....................... ..... 25 Copies of Agreement ............................ ....... ...................................................................... 25 APPENDICES - '" ~;Jr .... ~'~'" '$)" ~ ~",. ~!!I'~ .,~<:; ~ ~ ~--v ~ ~~# ~~-~ ~ .."" ^ '1)..9., .~' J' ~ :s ~ .,t~ I;.~ :s ~..9 #- .v ~ <,; b ~ lJ' ~C> ftJ h" ~,~. ~ # ;:.V '.$' ii' ~<,; .41 I~ 11~~ /S' '" \;l. v ;!(;-.S 1;." Cj ., S~" 0"'> ~ t~iS' & .~ ~$& O~ ~ ~~t;' ~ ,,~ l!OO~ ~- .~V i'~ ti ~ ~ 1'J)~ " CO $~ ~ ~ _StIo#& ~ ~ Co, t;' .~ ~ t; v'(- l' ~~~ ..~~ li'~ ~ ~,,f) vO~~. ~ ~ ~E;. ~-<:;~ ~ "" R ~. ;/.;..!t_~ .. ,0 ~'Fs..... 'Q ... c>' ~ ~ ~<Y '" ~ i?~o::;",.~ ;f \Sl ~~~/$ ~. ;: ...# ;f ~ ~ -q, l~ . ........ ~~ q;~'!Ii~..~ ~ - .. _'I> ..,!Ie"" . ~ ~ ~v~~.v~ ~ ~ c> 'll' '" -$ "" 0 '-li ...... Q ~ ~ ~ l! ~ &' L>.<5 ~~ .f 'Qb.c>v'~ -.,,_ ~ c> Q-~~b~. c>,# ~. ~ .. ~ '" 4' ~ .ol!: I:) .../lJ ot:o'~....$bq,;;, r? _~f1#~ ~ '~<iQ'~Ji~ -;y ., ~!!',!J1.~., VO .~ AOz sf ~ ;;. ~'" ~ ""~/ q- --O"/1..!t::<:, :<I' ..9 -$ ~ .JS (jo ~ ;:z"O ....., <y .1.... I) '$ _1:1 ~ ~~~~~~ p~ ;9 <:;~:f:j~,.$''''' ~.<:' S ~"~,.$'~~ JO<Y -I ~ .::r ~..f ~ Q ;" ~ ;;' ..9 ~ otlo ~}1 :s 0'" -.!t ~~""....'t1s ~... ~ ....~~~Oi. -<:;", ~ ~~ If' ~~.. ~ q?,~ ..... ~lfj~~O"'-<:;/lJ '::'oi:;l /lJ ~..!t lfj q,~S !!.~ ~ #vl:l~~~ /lJ~ #~ -I#I~~D #1 -~ A "~-~.o~ ~~ ~~ ~ ....(,. :s ~ tr -." .... ~ ~ ~ .. d" "!i'- ~ is '" ., b .. .~ .~ '~!Ii Ci -<:; ~~C>:S iii' ~ ~ ~ ~. ~~~ ~Ij 1~$tIoQll~ ~t! ~ .,.... ~ '~$ Oz .... '.. ..~.., /lJ.O b ~b 0 1:I0z .......b :SO::<:'1it 3 ~'Q- ~ ~'-li Q'~.. ~...... ~ .. 0 ~~~.~~ ~ ~~ ~ ~ l' F ;:t ., .#.;s " ::' ,pO ",. ~ ~~ ~ ~~-"'If',#::<:, ~....~ ~ ~ it','l,.$'bC> ~ ~q; ;;.Oz~- ~ ~_..:!> Jt ~Oz C> ~ .....',!1 ~ ..... O"~ ., ~ ~ ~_ ~ '" OcJ ~q,~ .~" I ~:s <J.Q~~/lJ ~ ~A~' ~ '" 'i1' ~ .,. "'Q' ~f/i ~ #~ V ~~"'~ .....~.g ~ , ~ <II ~"<; q; ~' /lJ A'fJ :-<:' Oz"""~ ....'" b ~..s>..~'" ~tt$ .~ qj ~ ~ ~~ #..'" ,~ ~ ,;$' ~ 'f'1f'~ /lJ ~ .... :S'S'$ ~ '~~ /lJ Oz '" b'-li .."0 S\ *-<:;Oz ~ .!...", s ~;;:;. /lJ Jt.J' ~~ bOo ~ ~<J...'..... Ozol1/1 ~/tg ~ I:I-:::?~c> $ ff #~ Jt /lJq;~/lJ ~ ":-<:' 0 :.$ b.... "',~ ~~~~ 0(0 ~<:; ,.~;; if: .../lJ;f~ ".1.(1 t!..f ~ .../lJ ~f /1 ;Jr if ~..~ ~ Oz~ V ~~<II",O "t. ~~O ~<II.t# 1\0 .... ~ ~ ~ ~t: oCj I . ~ Jt ~ ~ ~ i<, ~, 'fi';!$ 'S' ~, .....b . 11~~ g !?"$ I. C>ob~ $""! ~ 0,' ~ ~ ~<:; ~ ~ .9 "$ /lJ ~ ~ ,tY~::<:, ~,~ ~:'w'"",q,,~ ~gr~ff.~ ~Oz ~ ~~ .. ~ /lJ.:!...", ~'., ... fl O',.s> ~ it'.., ~ Oz -:::? ~~ ~~~g~!l# ~ VO-S.../lJ~4; ~ . t!....:J'If~.~ ~ ( ~ 'S' -CO ..' <II ~ ~ -~,'" ~q; $< "".t.~. ~ 5t~ "t~.l ~ f'~11-!l *0 ~ & ~ Q .~;;' ..Q ~...(I ~ ~.~ <D'.'" ~ ~ .....~:Jil .....~ 'i1' ~..., -l ~ j~1f j "t" -'!> ,.,. tt "" ,,~'" /lJ "'lImber.hip Due. Deduction J.03 (a) The Board shall deduct from the waKes of those employees who .0 aut.honze .uch deductions by a proper and lawful written authorization, the due. established by the A...ociation. (b) Th~ authoriz.tion form to be executed by the employees .hall contain an uslll'DlDent, .hall be furnished by the Association to the Board and shall be approved by the Board prior to beina used. (c) To the extent permissible by law, the authorization form shall be irrevocable for the school year lfnot revoked prior to November 1, thereof. Ifnot revoked, the authorization .hall be presumed to be continuing and in full force and effect. (d) For the convenience oBhe employees, the Board shall make authorized deductions for fourteen (14) con.ecutive pays in as nearly equal amounts as reuonably convenient. Deducted amounts shall be remitted to the Association promptly after deductions are effected, While the parties recoanize that not all employees will desire to have the same amount deducted from wages, the Board shall not be obllKated to deduct more than foW' (4) different amounts from employee's waKe.. Should an employee's employment terminate or should an employee commence in a non- paid leave ofabsence prior to the making of all deductions, the balance of the deductions shall be made from the employee's final pay immediately preceding the employee's tenninatlon or commencement of a non-paid leave of absence as appropriate. (e) No employee shall be required to authorize a dues deduction, and neither the Board nor the Association shall discriminate or coerce any employee because of deduction or non-deduction of dues. ) ARTICLE 111- LEAVES OF ABSENCE A".oclatlon Actillitie. 3.00 The Board, to the extent the same shall not unreasonably interfere with operation of the Board's school system, shall, upon the Association's written request, grant fifteen (15) employee days off with pay each school year to employees designated by the Association to attend any official . Association activities held on other than school property, Additionally, the Board, to the extent the same shall not unreasonably interfere with the operation of the Board's school system, shall, upon the Association's written request to the Board, grant up to five (5) employee days ofT with pay each school year to employees designated by the Association to attend any official Association activities held on other than school property, For such additional days, the Association ahall pay to the Board an amount of money equal the amount expended by the Board in acquiring substitute employees for said additional days. The Board shall submit a statement to the Association for such amount, and the Association shall make payment within thirty (30) days of the submission of such statement. The Association's written request or requests, as appropriate, shall be given to the Board not less than seven (7) days prior to the time such time off Is requested to commence, shall clearly identify the employee or employees to be released, shall state the day or days for which time ofT Is required and shall state the specific location of the activity, Sabbatical Lealie. .s.01 Sabha,icalleaves shall be governed as provided in the Pennsylvania Public School Code of )1949, as amended. 2 Berealle"..,., .Im"..diat, Family 8.02 An employee abient from duty because of the death ofa member of the Immediate family of \ laid employee Ihall be entitled to four (4) Ichool days'leave with pay for euch reason. An employee may requeat the Board's Superintendent or other desl81lee for five (5) school days of abaence hereunder. Members oCthe Immediate family shall be defined as the parent, atepparent, brother, slotar, child,stapchild,spouse, parent-In-law of said employee, or a near relative of said employee (as defined in Section 3.03) who resideR in the oame household ofsaid employee or any peraon with whom said employee has made his home. Bere,"""..,., . Near R,14till' 8.03 AIl elDployee absent from duty because of the death ofa near relative of said employee ahall beentitled to onll (\) Ichool day ofleave on the day of the funeral ofsald near relative. A near relative ahall be defined as a grandchild, first cousin, grandfather, grandmother, aunt, uncle, niece, nephew, son-in.law, daughter.in-Iaw, brother-in-law, or sister.ln-Iaw. Berea",men' . PayrMn' 8.04 Bereavement compensation sha.ll be paid in the same time and mll.1lIler as compensation would have been paid for the same period had the employee concerned actually engaged in the performance of his duties, , nine.. and InJury 8.015 An employee who is prevented by illness (which shall include disability resulting from pre81lancy) or accidental injury from following his or her occupation shall receive as pay for each \" dayofabaence, up to ten (10) days in the 8chool year in which the illness or accidental injw'Y occurs, theaame wage payments said employee would have received had said employee actually performed his or her duties dlU'ing said period. o No wagea ahall be paid, however, if the accidental injury preventing the employee from following his or her occupation shall have been incurred while the employee was engaged in remunerative work unrelated to school duties. Any unused portion of the aforeaaid ten (10) day absence period may be accumulated in the Board's school dlltrict from year to year. Such absence time with pay as may have been accumulated in the Board's school district may be applied in anyone or more subsequent school yem in the event the employee is prevented by illness or accidental injury from following his or her occupation. Accumulated sick leave from other districts may be transferred into the Board's achool dlltrict as provided in the Pennsylvania Public School Code of 1949, as amended. In addition to the aforesaid ten (10) day absence period, any employee in aaid employee's first or aecond year of employment as a teacher in the public schools of the Commonwealth of Pel1l1flYlvania who shall have exhausted said employee's accumulated aick leave through being prevented by illness or accidental injury from following his or her occupation and who further II prevented by illness or accidental injury from following his or her occupation, shall receive up to five (5) additional days of paid absence in the respective school years and shall not be accumulated, it being the intention of the parties that absence occasioned by illness or accidental injl'Q1 ahall.1irst be charged against those days which are available for accumufatlOn as provided ill the Pennsylvania Public School Code of 1949, as amended. ,__. - ","-- 0'---" On the first actual work day of each work year, the Board to the extent itreasonably Is abll so to do, shall advise each employee of the number of accumulated unused days of absence had by , such employee as of the preceding June 30. The Board may require any employee who has had more than four (4) absences in a school 8 year to furni.h . physician's certificate certifyini thst illne.. or .ccidental 1l\iW'Y prevented the employee from followini hi. or her occupation durini the period for which compenution Is reque.ted I)y relllon of.uch an event. For purpo.e. of WE pars graph, an .b.ence ofconaec:utive days .hall be ,on.ldered on. .bsence, FamlJ)' and MedJoal Leave Aot (FMLA) Leave 8.08 A. p~finition, (1) Employees who have worked for the District fora total of12 months and have worked at least 1250 hours during the 12 month period preceding the commencement of the leave period .hall be eliglbla for a total of up to 12 calendar weeu of unpaid family and medical leave per year for the following: (a) birth of the employee'" child; (b) placement of a child with the employee for adoption or foster care; (c) when the employee is needed to care for a child, spouse, or parent with a eerioua health condition; (d) when the employee is unable to perform the functions of his or her position because of a .erlous health condition. (2) A serious health condition Is defined purauant to Section 101(11) of the Federal Family and Medical Leave Act and the Federal regulations promulgated thereunder at 29 C. F, R. 0 825.114. (3) The entitlement to leave purauant to paragraphs A(l)(a) arid A(l)(b) above shall expire lit the end of the twelve month period beginning on the date ofsuch birth or placement. The entitlement to leave pursUL'lt to paragraphs l(c) and l(d) above shall expire at the end of the 12 month period beginning on the first day that leave Is utilized. ,,4) Intermittent leave will be provided where medically necessary pursuant to subsections (c) and (d) If subparagraph A(l) above. Intermittent leave may be provided at the discretion of the District - plU'Suant to paragraphs l(a) and l(b) only where approved in writing by the District. Ifintermittent , leave ill utilized, it may not be utilized in less than one-half day increments based upon 7,5 hour teacher day. (5) If either intermittent leave or concurrent leave due to planned medical treatment under subsections (c) and (d) ofsubparagraph 1 ie requested, and the employee wo\ud be on leave for greater than 20 percent of the totsl number of working days in the period during which the leave would extend, the District may requil'e that such employee elect either: (a) to take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or (b) to transfer temporarily to an available 41ternative position offered by the employer for which the employee is qualified, and that (I) has equivalent pay and benefits; and (il) better accommodates recurring periods ofleave than the regular employment position of the employee, This provision shall apply only if an employee commences unpaid FMLA leave, it shall not apply where an employee utilizes aick or peraonalleave concurrently with FMLA leave. (6) Where an employee is eligible for leave punlUant to paragraphsA(l)(a) above, the employee may elect to utilize up to ten days ohick leave that will not be counted as part of the employee's 12 week FMLA entitlement. If the employee is eligible for more than ten days of sick leave, pursuant to Article 3.05 of this CBA. remaining sick leave must be utilized as part of employee's 12 week FMLA elltltlement during the period of disability after birth as verified by the employee'a physician. Subsequent to the period of disability after birth, if the employee elects to continue on leave, all personal leave days accrued under Article 3,08 ofWs CBA must then be utilized as part, of the 12 week i'MLA entitlement. The Dlamct shall then be obligated to provide as unpaid FMLA leave only the "..!.lfl'erence, if any, between the amount of paid leave utilized and the employee's remaining annual entitlement to FMLA leave. (7) Where an employee ie eligible for leave pursuant to paragraphs (I)(b) and (c) above and the employee is eligible for personal leave days pursuant to Article 3,08 ofWs CBA, the employee must 4 utilize the personal leave daya first and the District shall be obligated to provide as Unpaid FMLA leave only the difference, if any, botween the amount of personal leave day. and the employee's remaining annual entitlement to FMLA leave. , ~> Where an employee is eligible for FMLA leave purtuant to paragraph (lXd) abtlva, the employee may elect to utilize up to ten days ohick leave that will not be counted as part of the employee's twelve (12) week FMLA entitlement. If the employee is elii/ble for more I,han ten days of sick leave or any personal leave days pursuant to Articles 3.01i and 3.08 of this CBA, the employee mUlt, utilize remainlnlsick leave and subsequently thereto any remainin, penonalleavll day, as part ofhillber twelve (12) week FMLA entitlement; the District shall be obligated to provide as FMLA leave only the difference,ifany, between the amount of paid leave and the employee's remaininl annual entitlement to FMLA leave, ~r an employee hae utilized ten days of sick leave, either concurrently or intermittently for a serioUl health condition, the District may place the employee on FMLA leaVII even ifFMLA leave has not been requested by the employee. (10) In the event that spouses are employed by the District, the aggregate number of weeks oflesve to which both are entitled is limited to twelve (12) weeks except for leave taken under subsection (c) , or (d) of .ubparagraph A(l) above. B Emolovmen/ and Benefits Pro/ee/inn While on Leave. (1) If, at the concluaion of the leave .et forth above, the job held by the employee before going on family and medical leave is available, the Board shall offer the employee that position. Ifsuchjob is not vacant and available, the Board shall offer the employee any other available position within the bargaining unit for which the employee is qualified until such time as the Board reasonably can offer the employee the jllb thl!: employee held before going on FMLA leave, or a job substantially similar to the previoua job. \" (2) Tbe following restrictions on "'turn apply: (a) Where the employee begins leave, pursuant to subsectiona (a) through (d)ofparagraphA(1) IIbove, more than five (5) weeks prior to the end of the semester, the leave is greater than three (3) weeks in duration, and the employee's return would take place during the last three (3) weeks of the semester, the District may exercise ite discretion to require the employee to wait to return until the beginning of the next semester. 14, (b) If the employee begins leave, pursuant to subsections (a) through (c) ofparagTaph atabove, less than five (5) weeks before the end of the semester, the leave is greater than two (2) weeks, and the employee's return would take place dluing the laet two (2) weeks of the semester, t.lte District may exercise its discretion to require the employee to wait to return until the beginning of the nllxt semester. AI . (c) If the employee begins leave, pursuant to subsections (a) through (c) ofparagrapWtabove, less than three (3) weeks before the end of the semester and the leave is greater than five (5) working days, the District may exercise its discretion to require the employee to wait to return until the beginning of the next eemester. (d) At the written request of the employee, the Board, in its sole discretion, will consider allowing an employee to extend leave until the commencement of the next semester at employee expense. (3) Tbe District shall maintain life insurance and group health coverage including major medical, dental, prescriptioll, drug, and vision insurance for the employee while the employee is on le.ve pUT8Ullnt to this Article, The District shall have no obligation to maintain other benefits, except that the taking ofleave shall not result in the loss of any benefits accrued by the employee prior to ths date on which the leave commenced. ('0 Although the taking of leave purauant to this Article shall not resuJt in the loss of any benefits accrued by the employee prior to the date on which the leave commenced, benefit entitlements based upon length of service will be calculated as of the last paid work day prior to Ole start of the unpaid 5 lean of absence and will not accrue during the period of unpaJd leave, (5) In the event the employee fails to return to work, the employer may recover the premium that the Board paJd for maintaJning coverage for the employee under the health care plans during the u.llpaJd leave unless the employee fails to return due to circumstances beyond the control of the employee including a continuation, recurrence or onlst ofa serious health condition that entitles the employee to leave under lubpuagraph "y') IInd Ml)(aQ.above. ",.' If.,j , I... , C, Notice and Certificatinn. (1) In cases where the necessity of leave is foreseeable based on an expected birth or placement of a child, the employee shall provide the Diltrict with not leiS than 30 daYI' notice before the date the leave Is to begin, except that, if the date of the birth or placement ",quirelleave to begin in le88 than 30 days, the employee ehall provide such notice os Is practicable. (2) In CUtI. where the necesllty of medlcalleave is bued on planned medical treatment, the employee .ball make a reasonable effort not to unduly disrupt the operations of the District. Furthermore, the employee shall provide the District with not less than 30 days' notice before the data the leave is to begin, except that If the date of treatment requires leave to begin In leu than 30 days, the employee shall provide such notice as is practicable. (3), An employee requesting leave pursuant to Paragraphs (lXc) and (l)(d) of this Policy may he required to present to hislher superviser a written statement by hislher bealth care provider as to the date the medical condition commenced, the cluration, the necessity for the leave, and the employee's inability to perform hislher job functions (If applicable). In the case ofintermittent leave for planned medical treatment, the certification should additionally provide t.he schedule for treatment and a ltatement of the medical necessity for an Intermittent or reduced schedule leave. :.--- \~4) The District need not assume that an employee's statement or hislher physician's statement 1stablish81 medical need conclusively, but may require a review and examination by a physician . selected by tbe District at school district expense. In the event the two opinions do not coincide, then the employee and the District shall mutually agree upon the opinion of an impartial third physician, at the District's expense. Eneoded Abl8nce 3.07 (a) Thereshall be two (2) types of extended absence in addition to Family and Medical Leave as set forth In Article 3.06 above. This article governing extended absence covers only absences taken after expiration of an employee's sick leave, sabbatical leave and Family and Medial Leave entitlement as set forth above, (l)Incapaclty. Ifany employee has exhausted all such employee's sick leave and Family and Medical Leave, has no sabbatical leave available and said employee is absent from work because of the illness (which shall include disability resulting from pregnancy) of or injury to said employee, the Board shall, nonetheless, retaln such employee as an employee, without payor other benefits, for a period of up to one (1) year subsequent to the exhaustion of the employee's sick leave and Family and Medical Leave. An individual employee's entitlement to Extended Absence for incapacity shall be determined by deducting the amount of unpaid Family and Medlca1leave utilized by the employee from the one yeu period. (U)ChUd Rearing. An employee who desires to be absent from employment with the Board immediately subsequent to the birth or adoption of a child for a period longer than allowed pursuant ,to the Family and Medical Leave provisions set forth in Article 3,06 shall wit,hin ,the six (6) week ?riod immediately subsequent to such birth (aside from being unable to return bocause of disability , resulting from pregnancy) or adoption, notify the Board in writing of such desire. To the extent reasonably possible, the employee shall give the Board not less than t.wo (2) weeks notice illl writing of the date upon which such absence is to commence, If the employee has satisfied the foregoing requirements, the Board shall permit such an employee to be absent from work for up to six (El) 6 cona.cutiv. month. after ezpiratJon of Family and Medical Leave as set forth in Articl", 3.06. An individual' employ.e's entitlement to Extended Absence for child rearing .hall be determined by deductine the amount of unpaid Family and M",dlcal Leave utilized by the .mployee from the.ix (6) month period. (b) Elt4nd.d absenca. .hall be gov.rned by t,he following conditions: (I) An, .mployee i. ,Urible for .rtended absence only after exhauatlon of all oth.r types of appUcableleav. including .ick leave, .abbllticalleave, and Family and Medical Leav. aa let forth abov.. (U)An .mploy.e who desirea to r.turn to work at the ezpiration ofhil cr her extend.d abs.nc., or who desires to request an .lt4nalon of the leave, or who wish.. to terminl\te employment, where polllbl., .hall rive the Board written notic. of luch desire not les. than .ixty (60) daYI prior to the expiration ofluch absenc.. No other r.turn date il acc.ptable without prior written approval by the Board. At the .mployee'. written request, and at the Board'. lole dllcretion, the extended absence period could be altered. Any .uch alteration of an extended absence period ehall be .ubject to the .am. term. and condition. a. the extended absence itself. (ill) Th. Board, in olfering reinstatem.nt to an employ.. who properly has applied therefore, .hall oft'er laid employee the job the employee held before going on .xtended abaenc., if .uch job is vacant and available, Jfluchjob i. not vacant and available, the Board shall olfer said employee any other available positicn within the bargainJng unit for which the employee is qualified until .uch ' time aa the Board reasonably can olfer tho employee the job the employee held before eoing on extended absence, or a job .ubstantially .imilar to said previoua job. , (Iv) An Employee granted an extended absence (or has an extended absence further extended by the Board) shall neither be paid nor accrue any lenJority, longevity, pension, retirement, medical or other benefite during such absence, except as may be required by la w; further, an extended absence Ihall not. be counted a. "employed time" for purposes of computing pay increases, .alary step, retirement, etc. Provided, however, an employee who has been employed and worked for ninety (90) or more student days and has been paid wages therefore (i.e., those qualifYing as student days for purposes of caUBing the .chool district t~ satisfy Pennsylvania laws and regulations regarding ,_ .tud.nt attendance) during s school year in which said employee is granted an extended absence .hall have .uch school year counted for purposes oflongevity as relates to pay increases, ( Provided, further, an employee who has been employed and worked for less than ninety (90) . .turlent days during a school year in which said employee is i5l'anted an extended absence shall, upon returning to work, not be paid a lower wage than said employee was receiving at the commencement ofeaid employee's extended absence, but, instead shall be placed on the salary or wage st.p which mo.t clo.ely equals the wage said employee was receiving at the commencement of said extended absence even though .uch step may in fact. be a lower step than the employee previoualy enjoyed. An employee who is granted and returns to work immediately upon the expiration of an extend",d absence shall reWn the "sabbatical" status (accumulated years ofeervice) and accumulated aick leave the employee eruoyed at the commencement of the extended absence. (c) To the extent permitted by the carrier of the then current plan, ifany, an employee on an extended abaence may continue medlcal/hospital, dental, vision and life insurance coverage by paying the cost thereofin advance to the Board at surh time or times as the Board shall direct. If the Board elects to provide all or part of such benefits through third party administration, direct reimbursement or aome other Board funded mechanism, an employee on an extended absence may continue to particlpete in such program by paying in advance a pro rata share of the cost of such program with the pro rata share being determined by dividing the total annual cost (or projected aMual cost, as the case may be) by the number of employees in the bargaining unit. If the employee falls to make any payment by the due data set by the Board, both the employee and the Association shall be notifiec.. of such failure. Failure by the employea to make payment to the Board within fifteen (15) days of aaid notice automatically ehall terminate any further right of the employee (or dependents) to participate in the program. 7 P,reDruU Le(llU, 8.08 Each employee shall be (p'anted not more than two (2) days of absence with pay each school year for peBOnal reBlons (personal leave) in the manner hereinafter set forth Personal leave may be accumulated to a maximum offour (4) daYll. Personal leave accumulated in excess offour(4) days shall expire and shall not be paid for. R,qUl.t. (IInd Control of P"reonol Leau, 8.09 Employees shall request personal leave in writing at le..st five (5) days prior to the date of the leave desired on the Personnel Absence Request Fonn to be provided by the Board and available through the Board's building principals. The Board may waive the five (5) day period aforesaid if, in the Board'. 80le discretion, the employee WBl unable to comply with said five (5) day requirement becalWl ofan emergency beyond the employee'. control. Personal leave should be taken only a full day at a time, with requests for less than an entire day to be considered on a discretionary basis by the Board. The fonn shall be dated, shall clearly designate the day or days for which the absence it requested, and shall be signed by the employee making the request. A copy of said fonn is attached hereto BI Appendix "A." The Board may restrict the number of employees taking personal leave per day to the following percentages for the areas indicated: (a) Four percont (4%) of the number of employees in the bargaining unit; (b) Fourteen percent (14%) of the number of employees in a building; (c) Thirty-five percent (35%) of the employees in each department of two or more employees, with numbers over half to be rounded up to the next nearest whole number. , . PeBOnalleave shall not be (p'anted: ) (d) On the first three (3) and the last two (2) days of student attendance during the school " term; (e) During any "in-service" day; (1) For more than two (2) consecutive work days unless advance notice of a minimum of thirty (30) days is given by submittal of the Personnel Absence Request Form, However, not more than two (2) consecutive personal days may be approved on any day(s) i=ediately preceding or ' following a scheduled holiday on which students do not attend school; (g) During any period oftime devoted to staff curriculum or other non.student development (such u parent conference days, "Act 80 days," professional development, etc.); (h) On any day on which a field trip has been scheduled for which the employee is assigned supervisory or other duties related to the field trip; mOn any day(s) on which the teacher is scheduled by the administration to administer his! her mid.year or final examination(s) to students. Lunch Period 8.10 Each employee shall be entitled to a lunch period of thirty (30) consecutive minutes each school day which shall be free of and uninterrupted by supervisory or other duties. Upon informing his or her building principal or said principal's designee, an employee may leave his or her building during the employee's lunch period, If the Board determines that too many employees are absent from a building during a lunch period, the Board may establish a schedule for lunch time absence in order to retain adequate personnel in the building to cover emergency ) situations. , Profelliona.l Abaence 8.11 The Board at all timesshall have the right to reasonably assign any employee or employees to duties outside its school district. Additionally, to the extent that employees may desire to be 8 assigned to duties outside the school district for such purposes as attendance at professional meetings and 8eminars, they 8hall have the right to submit requests for such assignments to the Board, and tht! Board will accept or reject the request accordingly. Reimbursement will be coneietent witb Section 9.02. EZ.otecl Offloer 8.12 An 8mployee elecl"ld to an office of a local, stats or national affiliate of the As8oclation may bave a one 0> year leave of absence without pay to serve in said office. Unless otherwise specifically granted by the Board, the employee sball acquire no seniority or other benefit during said period. ./Ur:I Ah.e_ 8.18 Employeee called for jury duty In a court of record or required under a subpoena to give te8timony before any judicial or arlmini"trative tribunal sball be compensated for the difference between the wages the employee would have received hereunder but for 8uch ab8ence and the amount received for the performance of8uch obligation, Provided, however, thateuch compen8ation 8hall not be paid if the subpoena relates to employment of the employee other than with the Board 'orto any proceeding againllt the Board In which the Board has not subpoenaed the employee to give te8timony. Mm~ary Service 8.14 The Hoard shall comply with the requirements of the laws of the United States and the Commonwealth of Pennsylvania as they relate to the treatment of employees of the Board who are engaged In military service. ARTICLE IV. ADDITIONAL CONTRACTS AND ASSIGNMENTS Individual Contract. 4,00 The Board shall enter into a 8eparate individual contract with each of its employees 'classified as a professional employee under the Pennsylvania Public School Code of 1949, as amended, who has completed satisfactorily two (2) years of 8ervice in any 8chool district in the Commonwealth of Pennsylvania. Such individual contract 8hall comport with the form required by 8aid Public School Code and shall be consistent with t.his Collective Bargaining Agreement, .Job A"ilRment. 4.01 On the first actual work day of each work year, the Board, to the extent it reasonably is able 80 to do, shall advise each employee of the employee's salary step, salary on schedule, extra duty assignment and extra duty pay. Said advice shall be in the form marked Appendix "B", attached hereto and made part hereof. Seniority 4.02 Seniority shall refer to the length of time an employee has been continuously employed as a regular full-time employee by the Board (which shall include employment with er.tities merged into or consolidated with the Board) with the employee having the longest term of continuous service having the most seniority. Break of continuous service shall be by resignation 01' termination of employment. An employee's seniority shall be computed from said employee's most recent date of hire. Fractional or part-time service shall accrue 8eniority on apro rata basis, Employees having identical dates of hire shall have seniority determined among them by lot. 9 . ARTICLE V. GRIEVANCE AND ARBITRATION Complaint 15.00 A grievUlce is a complaint by an employee or employees regarding the meaning, inter. pretation or application of any provision in this Collective Bargaining Aireement, Such grievance may arise because of an honest difference of opinion, an error in judgment, an overalght, a misinterpretation or from countless other ways in which there was no intent to cause a misunderstanding. The Board Bnd the Association earnestly desire that such grievllJic8s or differences be promptly settled 80 that efficient operation of the Board's school system shall not be interrupted and morale and earnings ofemployeflsshall not be Impaired. Accordingly, a procedure for the acijustment,of any grievance which may arise is hereinbelow outlined, Continued BlUi,.... 11.01 In the event of a dispute or difference, the parties hereto and the employeellshall continue to transact and carry on their business in the same manner as at the time of arising of the issue or isoues in the dispute. Accordingly, grievances shall be handled exclusively through the process hereafter described. Procedure 15.02 (a) Step 1 - Any grievance which arises shall be presented in writing by or on behalf of the employee to the employee's building principal within five (5) business days of the occurrence of the event giving rise to the grievance. For purposes of this grievance procedure, the date of the , '~currence of the event giving rise to the grievance shall be the later of tile datti upon which the ~vent actually occurs or the date upon \vhich the employee affected knows or reasonably should , have known of such event had the employee exercised reasonable diligence. (b) Step 2 - If the grievance properly has beel) presented pursuant to Step 1 and, if the matter has not been satisfactorily settled within seven (7) business days subsequent to the occulTlmce of the, event giving rise to the grievance, either the employee or the Association may present the grievance in writing to the Board's Superintendent (or a replacement selected by the Board) not" later than ten (10) business days subsequent to the occurrence of the event giving rise to the grievance and attempt to work out a settlement of the matter, (c) Step 3 - If the grievance properly has been presented pursuant to Steps 1 and 2 and, if the matter has not been satisfactorily settled within seventeen (17) business days subsequent to the occurrence of the evcnt giving rise to the grievance, either the employee or the Association may present the grievance in writing to the Board of School Directors not later than twenty (20) business days subsequent to the occurrence of the event giving rise to the grievance and attempt to work out a settlement of the matter. (d) Step 4 - If the grievance properly has been presented pursuant to Steps 1,2 and 3, and, if the matter has not been satisfactorily settled within thirty (30) business days subsequent to the occurrence of the event giving rise to the grievance, the Association may submit the grievance to arbitration. In such event, the Association shall notify the Board ifl wrlting (setting forth the matter in dispute) within thirty-five (35) business days subsequent to the occurrence of the event giving rise to the grievance, that it wishes to have the matter presented to an arbitrator. Ifwithln forty (40) business days subsequent to the occurrence of the event giving rise to the grievance the parties have not agreed upon an IIrhitrat~r, then either party may, within forty-five (45) business ):lays subsequent to the occurrence of the event giving rise to t.he grievance, request the American ..JArbitration Association to invoke ita procedure for the selection of an arbitrator to conduct the arbitration in accordance with ita Rules on Voluntary Labor Arbitration, The Arbitrator shall have no power to add to, subtract from or moduy the tenns of this Collective Bargaining Agreement, nor shall the Arbitrator have the power to require any act which 10 violates that law or this Collective Bargaining Agreement, The decisions of the Arbitrator shall be final and binding upon the Board, the Association and the employees, (e) The cost of arbitration shall be borne equally by the parties. <0 Time Iha.\! be the essence of this grievanca procedure and, in the event the time limits hereinabove let forth are not strictly adhered to by the Association and the respective employees the grievance concerned shall be deemed waived. Days upon which the Board's main office I.e not open shall not be considered "business days" and shall not be counted for purposes of computing days of elapsed time in the ,nevance procedures. Ifan office at which a grievance is to be prosented I.e closed on the date for presentation, the grievance may be presented at the Board's main adminiatrstive office. <I) Unless the law shall otherwl.es require, employees shall not be paid while engaged in the presentation of grievances, nor shall grievances be processed during school bours, regardless of the employee's capacity In the grievance presentation. While an employee may present his or ber own grievance, the Association may be represented /lnd may present Its position at each step of the grievance. The Board shllll notify the ABlociation of the filing of each grievance. Except for necessary witnesses, neither the Association nor the grievant shall be represented by more than ODe employee other than the grievant during a grievance presentation. " (h) There shall be no reprisals by either party or any employee against any person by reaaon , of such person's proper partlcipation in a grievance procedure. (i) Settlements of grievances shall be in writing, and shall be signed by the parties participating therein. (j) Forma for use in grievance presentation are marked Appendix .C-l" through .C-3," attached bereto and made 1\ part hereof. .....oclation Spo/"m'~n 11.08 The Association shall designate at least one spokesman employed in eacb school building from among tbe employ"es in the unit hereinbefore described. The Association shall keep the Board advl.eed in writing at all times of the names of the spokesmen. The duties of spokesmen shall be as follows: (a) Receipt on behalf of the Association of such written messages and information.as originata with and are authorized by the Board; and (b) Representation of employees in the presentation and processing of grievances. ARTICLE VI. DISCIPLINE, DISCHARGE AND EVALUATION Di.oharl1e, Dilo!pline, Su.pen.ion, and Reprimand 8.00 The Employer has the right to discipline andlor discharge any employee for any caUlle permitted under the Pennsylvania Public School Code of 1949, as amended. Suspension of employees shall be effected for any reason permitted by tbe Publlc School Code of 1949, as amended. The Employer shall not reprimand an employee in writing without just cause. Employee Evaluation 8.01 The following shall apply to employee evaluation: (a) Employees covered by the Public School Code of 1949, as amended, shall be rated only by persons authorized to do so thereunder, (b) Any employees evaluated by a classroom visit shall be given a personal copy of the classl'oom evaluation report prepared by the evaluator. No .uch report shall be placed in the employee's file or otherwise acted upon without first offering the employee a conference and, If 11 appropriate under the circum.tences, offering suggestions for improvement in the employee's work performance. No employee shall be required to sign an incomplete evaluation form, (c) The public address system in a building Ihall not be the basis upon which any employell i8 evaluated or rated, and observation of an eIOployee for evaluation purposes shall be on an open basis, (d) Observations ofemploy'!es conducted during the last two (2) weeks of the regular school year Ihall not be the exclullive basis for rating or evaluation purposes, ARTICLE VII. COMPENSATION CLAIMS Cooperation '7.00 Any employee injured in the course ofperfonning his or her duties immediately shall report the same to the office of the Board's Superintendent. The Board will cooperate toward the prompt settlement ofemployee on-the-job ~ury claims when such claims are due and owing. ARTICLE VIR . WORK SCHEDULES Wor" BOUN 8.00 Except in case of emergency (which shall include non-regular arrival or departure of b\IS transportation for students) and as hereinafter provided, elementary-assigned teaching employees shall not be required to be on duty more than forty-five (45) minutes longer per day than the period measured by thf:l commencement and termination of the applicable school day. High school and middleschool-assigned teaching employees shall not be required to be on duty more than thirty (30) minutes longer per day than the period measured by the commencement and termination of the applicable school day. The Board shall apportion said forty-live (45) minutes of elementary time '\Pefore the commencement of school and/or after the termination of school. The Board shall .../apportion said thirty (30) minutes of high school and middle school time before the commencement ohcbool and/or after the termination of school. Other employees shall report when directed by the Board but .hall not be required to work more hours per week than teaching employees. Further, without extra pay, all employees, in addition to reporting as aforesaid, shall report for faculty meetings held between the hours of 8:00 a.m. and 5:00 p,m. The Board will endeavor to .., give reasonable notice of such meetings. Twenty-four (24) hours shall be presumed reasonable notice. Shortness of notice, however, shall not elcuse attendance. All employees sponsoring student activities shall report, without extra pay, at those times such activities are scbeduled. Additionally, each employee shall report for back-to-scbool nights at any school at which an employee is assigned twenty per centum (20%) or more of the employee's duty time and one (1) night (not extending later than 11 o'clock p.m,) of such additional student or parent-related duty (including chaperoning of student activities) during each school year as the Board shalldetermine appropriate. Employees required to attend more than two (2) back-to-sr.hool nights may consider this elcess time part of hislher contracted in-service time for that school year, Employees will remairi in their building ofprlmary assignments throughout the work day. Employees who are required to travel between buildings operated by the Board shall follow such Icbedule or schedules as are directed by the Board. ' Planning Time 8.01 'I'he Board will schedule five (5) planning periods per week for each employee working /IS a teacher. Insofar as reasonably possible the Board shall schedule one (1) planning period per day )01' each employee working as a teacher. At the high school, five (5) ofthe scheduled planning periods will be ofthe same length as the class period. A planning period shall be any unassigned segment oftime, fifteen (15) minutes or more in 12 length [excluding the employee's thirty (30) minute lunch period], during any part of the day while the employee is required to be on duty. Each employee shall be afforded an aggregate of no less than two hundred (200) minutes of planning time in each week containing five (5) complete days of actual full.time student \ attendance. WOl"lIr Year 8.02 Each employee ahall be under contract with the Board each school year for a period of nine and one-half (9 1/2) months, said period to commence and terminate as directed by the Board. The Board, at ita sole discretion, may extend the contract period as to Ilome or all employees in .uch instances as it deems desirable. In the event ofsuch extension, employees required to work d\uing the extended period shall receive additional compensation for such period to be computed on a daily proration of their respective compensation for the initial nine and one.half(9 112) month period. While the initial contractual period shall be for a period oCnine and one-hlllf(9 1/2) months, employees shall not be required to work more than the following: 199.'-95: 186 days with an additional one (1) day for staff development. (Total 187 days) 1995-96: 186 days with an additional two (2) days for staff development. (ToW 188 days) 1996-97: 186 days with an additional two (2) days for etaffdevelopment and the equivalent of one (1) additional day in terms of hours to be used at the discretion of the BOlll'd to meet needs identified by the Board. (ToW 188 days + 7.5 additional hours) .Tob Vacancie. , 8.03 The Board shall notify the employees of job vacancies occurring within the school district", IlDd will permit the employees to indicate a desire to occupy any such vacancy. For purposes of this section, the Board shall give the aforesaid notice by distribution through the school mail facilities during the school year and by posting in each open school building during non-school periods, such as the summer and vacation seasons. Additionally, during summer and ...acation seasons, the . Board will mail a copy of the notice to the Association,lfthe Association determines to advise any employees of any notice it has received, it /lpecifically agrees to simultaneously notify all employees in the bargaining unit. Desu'e to occupy a job vacancy may be indicated for a period of seven (7) calendar days after notice is given by the Board either by use of its mail facUities or posting as the case may be. While the Board shall consider any indications filed with it, the Board shall have the sole right to fill a , job vacancy, Teaching A..ignment 8.04 lftbe Board determines to change the subject mattllr or grade level to be taught by a teacher, the Board will endeavor to notify such teacher of the change by ,July 31 oCthe summer preceding the change. The Board may make changes after July 31, but in such event promptly shall notify the employee affected by such change, Teaching Load 8.05 The Board shall retain the right to determine the workload of each of its employees. The Boart' will give serious consideration whllrever reasonably possible to the balance of the workload amonQ the work force. 13 ARTICLE IX. WAGES AND WORKING CONDITIONS Cltulification. and Rat., of Pay 9.00 Employees shall be claeslfied, where so required, pursuant to the requirementa of the Pennsylvania Public School Code of 1949, as amended. The rates of pay for employees subject to thia Collective Bargaining Agreement shall be as set forth in Appendix "D," attached hereto and made a part hereof. Commencing with the school year beginning on or about September 1975, an employee for the purpose ofdeterminiIlg salary classlficstlons beyond the Masters Degree which are baaed upon hours alone, but not to include salary claasificationo based upon graduate degrees, an employee shall be entitled to crfldit for grllduate credits earned at a fully accredited institution the credits of which are acceptable for Pennsylvania teacher certification and not counted toward a degree from and after the time the employee has given the Board satisfactory evidence of having earned Buch credits. (a) For credits for which satisfactory evidence of completion has been furnished to the Board on or before October 30 of the six (6) month period in which earned, the salary increasll applicable shall be made retroactive to the commencement of the school year in which reportedj and (b) For credits for which satisfactory evidence of completion has ooen furi:ushed to the Board on or before March 30 (but after October 30) of the six (6) month period in which earned, the salary increase applicable shall be made retroactive only to the commencement of the semester in which reported. Enra.curricular Pay , ).01 Employees who are sssigned by the Board to extracurricular activities shall receive , compensation in addition to that set forth in Appendix "D," at the annual rate and for the positions as set forth in Appendix "E," attached hereto and made a part hereof. Travel Reimbur.ement 9.02 Employees required to use personal vehicles in the course of employment with the Board shall be reimbursed per mile traveled at such mileage rate as may be excludable or deductible on account of automobile travel from the income of the recipient under the Internal Revenue Code and Regulations oCthe United States if allowed by applicable Pennsylvania law and/or regulations and, if not, at the rate allowed by applicable Pennsylvania law and/or regulations. Further, total reimbursement shall be calculated to the nearest whole cent. No personal vehicles shall he used without prior written permission of the Board's designee. The Board may issue written memoranda to satisfY the requirement of prior written permission. Employees shall not be required to transport students in their personal vehicles. Employees who have received the prior permission of the Board to be away from the Board's school district in the course of employment with the Board shall be reimbursed for reasonable out- of-pocket expenses. To obtain reimbursement for any expenses, an employee shall be required to submit a voucher on a fonn approved and provided by the Board, and receipts for meals, lodging, registration, tolls, and parking fees, The Board shall not reimburse employees for sales or other state taxes from which the district is exempt, .A.oyment 9.03 Wages shall be paid every two weeks in cash 01' by check, as the Board shall decide. Additionally, upon request by an employee, the Board may but shall not be required to cause the 14 employee's wages to be deposited directly to a bank account selected by the employee, Upon request submitted In writing to the Board on or before May 15, an employee may receive all wages due for the school year In the last pay of June thereof. The Board at any time aft.er the close of school In June may pay in advance any wages it deems appropriate. R,tal,..d Ral,s 8,04 No employee sholl be aiven a decrease in his pay rate by reason oHhe pay rates estebllshed in thil Collective Bargaining Agreement, N,w POIitiom 8.05 The Board may, from time to time, create new poaitions which carry additional compeuntion with them. In auch event, the Board shall negotiate with the Association as to the rate of compensation. There will be no right to strike in connection with such negotiation. TCI$ Shelt,red Annuity 8.08 The Board will continue to accept (by payroll deduction) and make payments from said deductions to annuity programs but will not be responsible for the management of or tax consequences attendant to such programs, , Credll Union 8.07 The Board shall continue Its present payroll deduction plan for the credit union operated in the Board's school district. Each employee shall have the right to make one (l) deduction authorization In October and April of each school year. An authorization not changed at one of those times shall be presumed to continue. Terminations may be requested at any time. Reliremenl Incentive or Benefit Payment 8,08 (a) A teacher planning to retire may elect to receive either the early retirement option, outlined in subsection (b) of this paragraph, orauperannuation, outlined in paragraph 9.09, but not both, Whichever option is chosen, one hundred twenty-five percent (125%) of the entitled Ilmount may be applied toward payment of health care benefits. The election of health care benefits in lieu ofa ~.aah payment mURt be made pursuant to the same notification conditions outlined In paragraph 9.08 (b) and paragraph 9,09, a retiring employee, instead of receiving either the Retirement Incentive or the euperannuation, may elect in writing (which election ahall be final) to have the district pay h1s1her Individual (not dependent) Blue Cross and Blue Shield medlca1/hospitlll, majClr medical, dental and visiCln insurance until age 65. The maximum amount which the Board shall be obUged to pay, however, shall be an amount equal to one hundred and twenty-five percent(125%) of the Retirement Incentive for which the employee would have been ellaible, The retiring employee may also elect to allocate a portion of the amount to which helshe is entitled under paragraph 9.08 (b) or paragraph 9.09 toward health care benefits, as herein described, with a partial cuh payout of the remaining am!lunt in the manner provided by either paragraph 9.08 (b) or paragraph 9,09. (b) To the extent permitted by law, applicable governmental regulations and agencies, full. time employees in active service who have been employed In the Board's school district for at leas', fifteen (15) years, who shall become eligible for retirement benefits as defined in the Public School Employees Retirement Code and who shall, on or before October 1 or the first day of their final academic semester, subject to the conditions hereaft.er set forth, upon termination of their 15 employment by rotirement at the end of the semester for whieh they have given notice, sha1l receive payment of the amount indicated below upon the 30th day of June immediately subsequent to the employee's final academic semester, it being understood that a finalscademic semester must be ' a full rerular semesWr scheduled by the Board and not a portion or portions of semesters: (l) For each doy of unused sccumulsted sick leave up to and including 150 days, the retiree wil1 be entitled to receive fifty percent (50%) of the then daily substitute rate. (2) For each day of unused accumulated sick leave from 151 days to and including 225 days, the retiree will be entitled to receive sixty-six and sixty-six hundredths percent(66.66%)ofthe then daily sub.titute rate. (3) For each day of unused accumulated sick leave in excess of225 days, the retiree will be entitled to receive one hundred percent (100%) of the per diem rate at Step 1 (Bachelor's) of the salary ICbedule. Ifnotlce is not given on or before October 1 or the first day of the employee's final academic semester, the Board shall not be required to pay the aforesaid payment but may do eo if, in the Board'slOle discretion, it is in the interest of the district. Upon the giving of written notice of intention to retire and the e,cceptance thereof by the Board, retirement shall be mandatory. Entitlement to the retirement incentive or benefit payment shall be subject to the following conditions: (i) The employees shall retire both from employment by the Board and from all teaching or employment in the public schools of Pennsylvania which is part of or affiliated with the Public School Employees Retirement System of the Commonwealth of Pennsylvania or any successor thereof. (ii) The employee shall not be eligible for or subject to disability retirement of any kind. )SuperannuationIDi,abilitY/withdraw,d Increment . 9.09 Employees in active service who have been employed in t.he Board's school district for at least fifteen (15) years, who shall become eligible for "superannuation,. "withdrawal,. or "disability" retirement as defined in the Public School Employees Retirement Code and who shall, on or before October 1 or the first day of their final academic semester, notifY the Board in writing of their intent ' to retire, specifically identifying the academic semester which is to be their final academic llOmester, shall receive a salary increment computed in the manner hereinafter described I:>ut payable after the employee gives notice in writing of the employee's intent to retire, the payments to be paid in anyone of the following: (1) single payment on the last pay in June of the employee's final work year; (2) single payment on the first pay in January of the calendar year following retirement; or (3) equal payments in June of the last pay of the employee's final work year and the first pay in January of the calendar year following retirement. Employees who decide to retire should provide notice to the Board as early as possible. Hnotice is not given on or before October 1 or the first day of the employee's final academic semester, the Board shall not be required to pay the aforesaid salary increment but may do so if, in the Board's sole discretion, the employee was unable to give said notice, Upon the giving of written notice of intention t.o retire, which shall include the desired method of payment ohaid increment, and the acceptance thereof by the Board, retirement shall be mandstory. Thesuperannuationldisability/withdrawal increment to be paid hereunder shall be the , product obtained by multiplying the daily rate of pay for said employee times the years ofservice )Of said employee in the West Shore School District (i.e. 1.0 x daily rate x years = increment), In .' addition, for each aggregate of twenty-five (25) days of sick leave accumulated and verified by the district at the time of written submittal of intent to retire, the district shall add ont! (1) year to the years of service for the purpose of calculating the superannuation, 16 ; \ I , Grad,""e Credit Relmburtement It.10 Effective with the Cllmmencement of thia Agreement, the Board shall rllimburae each employ" who la not otherwise reimbursed the amount hereinafter indicated for each qualifying graduate cr.dit earn.d by said employee and not counted toward penn anent certification or otherwise required by law or reaulation up to a maximum of twelve (12) in anyone school budget year. The following shall be required to qualify a credit for reimbursement: (a) Tha credit shall have the prior approval of the Board IlIld thereafter ahall be elU'lled at a fully accredited lnatitution, the crflditll of which are acceptable for Pennaylvania teacher certification: (b) Unles. otherwise agreed in writing by the Board, the credit ahall be in an area in which the employee haa Penna~'lvania teacher certification: (c) The employee ahall have received a aatilfactory grade for the credit (C or bettor); and (d) Within alx (6) months of completion, the employee ahall furnish the Board with utisfactory evidence from the Office oethe Reilstrar tlfthe lnatitution where the credits were tak.n of auccellful completion of the credit. The employee shall not receive reimbursement for any correspondence couraes, audio tspe andlor videotspe Cllurses, coursea televised by commercial or public broadcasting stationa, or any , three (3) credit courses of instruction of leas than one (1) week, i.e. five (5) days in duration. Th. rate of cr.dit reimbursement for credits earned during the term of this Collective Bargaining Agreem.ntshall be the lesser of the coetor as follows: one hundred forty dollars ($140.00)percredit completed 9/1194 through 8131/95: one hundr.d aeventy dollars ($170.00) per credit completed 91 1195 through 8131/96; aud one hundred ninety dollars ($190.00) percrlldlt completed 9/1196 through, 8131/97. &emplary Effort Recognition 9.11 The Board desires to recognize exemplary effort ofits employees through awards having II monetary value. Such awards shall not necessarily be cash bonuses but might include payment to attend conferences or for substitute pay so that the exemplary teacher might be able to benefit , from time away from the classroom for the purpose of sharing hislher successes with other , employees or pursuing valuable experiences in other school districts or at conferences. Accordingly, the Board requeets a Cllmmitment from the Association to discuss such merit arrangements in a meet and discuss atmosphere, in accordance with the provisions of paragraph 12,00 herein, with ths aim of drat\ing a Memorandum reflecting the parties' m\ltual interest and agreement. AR7'1CLE X . INSURANCE MedlcallBo,pltal . Current EmplO)'e" 10.00 For the 1994.95 school year, the Board shall pay the current premium cost for Blue Croes and Blue Shield prevailing fee coverage for each employee, with the plan to provide for three hundred slxty.five (365) days and non.member hospital Cllverage and also shall pay the current premium cost for $250 per year for an individual and $750 per year for a famUy deductible major medical ineurance with said group in the lifetime maximum amount of $1,000,000 for such employee. Mental ClIre maximum shall be $10,000 with 80/20% inpatient and 50/50% outflatient co-inaurance coverage, Premiums for coverage for dependents (as defmed by Blue Cross and Blue Shield, but to include full time student dependents to age 25) shall be paid for by the Board. For the 1995.96 school year, the Board shall pay the current premium cost for the covElrage provided that the Board will be permitted to self.fund all major medica.1 claims from $251 to $500, resulting In no additional change to major medical coverage for employees, \ 17 t. \, 'I " For tbe 1996.97 school year, all employees covered under said plan shall be required to make a co-payment equal to half the amount of the increase for health care premiums based on the 1995. 96 .chaol year.. · base year for premium cosl.8, but not to exceed twenty.five dollar. ($25.00) per month. Such a 1996.97 co.payment will be required only iIthe parties are unable to find a means to maintain health care costa at the 1995.96 level through their Joint etTorts. The Board is hopeful that the parties will find a meaDS ofreducing health care cos1.8 during the 1994-95 and 1995.96 .cbaol years, without reducing coverage, so that 110 additional co.payment will be required of i1.8 employee.. 1'he aforesaid plan shall include the outpatient radiation therapy rider and shall bave no deductible on outpatient laboratory studies, Outpatient accident and surgery noo-member hospital coverage shall be 80% coverage. The aforeaaid coverage shall include alcohol rehabilitation, emergency medical care within seventy.two (72) hoW's, follow.up care to emergency accidents, outpatient inhalation and physical therapy, all medically accepted outpatient diagnostic tests, and one Q) routine pap test per twelve (12) month period. , The aforesaid coverage shall include outpatient allergy testing, emergency medical care within ssventy.two (72) hours, follow-up care to emergency accident within sixty (60) days, outpatient physical therapy, chemotherapy, ooe Q) routine pap test per twelve (12) month period and treatment by licensed physical therapis1.8 who are eligible providers. Home and office visita ,hall not be covered. The aforesaid coverage shall include Blue Cross occupational therapy, Blue CrolS speech therapy, Major Medical mail order drug program with five dollar ($5.00) co.pay, and Blue Shield inpatient and outpatient respiratory therapy, jMediCal/HO'PitCd . Reti1lld Employee. 10.01 To the extent permitted by the carrier of the then current plan, if any, the retired employees of the bargaining unit shall be permitted to retain medicalJhospital coverage as members of the unit group until age 65 by paying the cost thereof in advance to the Board at such time or times as the Board shall direct. Ifthe employee fails to make paymeot by the due date set by the Board, both the employee and the Association shall be notified of such failure. Failure by the employee to make ' payment to the Board within fifteen (15) days of said notice automatically shall terminate any further right of the employee (or dependents) to participr.te in the program. Medical/Ho,pitel. Surviving Dependent. 10.02 To the extent pemutted by the carrier of the then cUlTent plan, if any, the surviving dependents of a deceased employee shall continue to have their medicallhospital coverage premiums paid by the Board to the extant being paid at the death of the employee until either the August 31 next succeeding the death of the employee or the 180th calendar day succeeding the death of the employee, whichever shall later occur. Additionally, to the extent pennitted by the carrier of the then current plan, if any, the Surviving dependents of a deceased employee shall be permitted to retain medical/hospital coverage as members of the unit group for a period of two (2) years Immediately following the aforesaid August 31 by paying the cost thereofin advance to the Board at such time or times lIS the Board shall direct. If the surviving dependents fail to make paymeot by the due date set by the Board, both the dependents and the Association shall be notified of such failure. Failure by the )'"dependeots to make payment to the Board within fifteen (15) days of said notice automatically shall tenninate any further right of the dependents to participate in the program. ]8 MedicallHo'pital. Su.pentkd Empioyee. 10.03 To the extent permitted by the canierQfthe then current plan, if any, employees who are ( ".uspended" (on layoff) II defined in the Pennsylvania Public School Code of 1949, as amended, . .hall be permitted to retain medical/hospitaland life insurance coverage by payma the cost thereof in advance to the Board at .uch time or times as the Board shall direct. Ifthe employee fllila to make payment by the due dat.e set by the Board, both the employee and the Association shall be notified of .ucb fallure. Failure by the employee to make payment t(l the Board within fifteen (15) days of lIid notice automatically shall terminate any further right of the employee (or dependents) to participate in the program. D.",tal Care 10.04 The Board shall pay the current premium cost for Blue Shield Basic Dental Care Protection or its equivalent for each employee and each employee's dependents (as defined by Blue Cros. and Blue Shield or an equivalent plan, but to include full time student dependents to age 25, which equivalent sha1linclude both third party administration and direct reimbursement plans, to include 100 percent UCR (usual, customary, and reasonable) coverage for diagnostic, preventive, , re.torlltive, oralsuraery, endodontic and periodontic services, 'and 60 percent UCR coverage for single connected inlays, onlays, and croWDS (none of which is part ora fixed bridge or are splinted toaether). Benefita payable under the Program shall be limited to a maximum of $1,000.00 per psrlOn for services rendered in any calendar yelU'. ~ Vi,io", Care 10.05 The Board shall pay the current premium cost for the Pennsylvania State Employee Benefit, Trust Vision Care Program or its equivalent (which equivalent shall include both third party' admlnllltration and direct reimbursement plans)for each employee and eligible employee dependents to include 100 percent VCR (usual, customary, and reasonable) coverage for examination and refraction, single vision lenses, bifocal lenses, trifocal lenses, contact lenses (when certified as medically necessary by the treating physician), and frames (maximum allowance $15 wholesale). Contact lenses not certified as medically necessary by the treating physician will be provided only at the benefit level specifically set forth in the plan. Employee Participation. MedicallHo'pital, Dental, Vi,ion 10.06 The Board shall deduct a health care administrative fee oftwo dollars ($2.00) from each wage payment of each bargaining unit employee having Medical/Hospital coverage under section 10.00 of this Collective Bargaining Agreement. Employees not electing the district.provided Medical/Hospital under Section 10,00 shall so notify the Business Office. Such prior notification shall be in writing. Automobile Imurance 10.07 The Board will continue to msintain "excess coverage" insurance for the employee who is required to use his private automobile as transportation for a school function, The plan provided by the Board shall be substantially the same plan as was in effect for the 1970.71 school year. The employee's individual insurance shall be the first insurance relied upon in the event of a claim, Workmen', Compensation 10.08 The Board will comply with the law of Pennsylvania in affording workmen's compensation for employees, 19 Tubclrculin Slain Te.t :0.09 To the extent a tuberculin chest X-ray is required, the Board will make available to the employee a Tuberculin Skin Test if the Board determines that said test is an acceptable alternative for a chest X-ray. Should a teat in addition to the Skin Test be advisable, the Board will provide and the employee, at the employee's expense, will take the same. The employee shall receive a report ofthe results ofauch tAlst. Lif. IMurfJltft 10.10 The Board shall psythe premium fora term life insurance plan ofits selection with said plan to provide each employee with a $30,000.00 death benefit. ARTICLE Xl- CONFORMITY TO LA W . SAVING CLAUSE Unlowful Prolli.ion 11.00 If any provision or the enforcement or performance of any provision of this Collective Bargaining Agreement la or shall at any time be contrary to law. then such provision shall not be applicable or enforced or performed, except to the extent permitted by law. If at any time thereafter such provision or its enforcement or performance shall no longer conflict with the law, then it shall be deemed restored in full force and effect as if it had never been in con1lict with the law. Remolning Prolli.ion , ).1.01 If any provision oftms Collective Bargaining Agreement or the application of such provision -!to any person or circumstances shall be held invalid, the remainder oftms Collective Bargaining Agreement or the application of such provision to other persons or circumstances shall not be affectsd thereby, ARTICLE XlI. ASSOCIATION PRIVILEGES Meet And Di.cu.. Committee 12.00 A Meet and Discuss Committee shall be continued, Each party shall have the right to designate four (4) representatives to the Meet and Discuss Committee. The parties may change their representatives from time to time. , ' Unless the parties otherwise agree, the Meet and Discuss Committee shall meet at least each month at a time and place convenient to both parties. ~"-""The Meet and Discuss Committee shall have /I chairman who shall be responsible for IIcheduling the meetings of the Meet and Discuss Committee, Each party shall have the right to designate alternately the chairman, commencing with the execution of this Agreement. The initial chairman shall be designated by the Association, and two (2) months thereafter his successor shall be designated by the Board. The Chair shall "rotate" every two (2) months, but the incumbent chairme.n shall serve until the appropriate party designates his successor, The purpose of the Meet and Discuss Committee shall be to meet and discuss matters affecting the ~~ration oHh,e WestSh9J.e!3Eh.o.Q!'pistric;t. The Meet and Discuss Committee, upon Fajority vote of the representatives in attendance may make such recommendations to the Board .JA1I the Meet and Discuss Committee shall deem appropriate. The chairman shall conduct the meetings of the Meet and Discuss Committee. Bargaining unit employees shall not perform activities in connection with the Meet and Discuss Committee during work hours nor shall they be paid for such activities. Meetings ofthe 20 Meet and Discuss Committee shall not be scheduled during work hours unJsss the Board grants released time to the bargaining unit employees, Local Llauon 12.01 A Liaison Committee shall be established in each school building in the Board'l Ichool dietrict. Each party shall have the right to designate one (I) representative for each ten (10) teaching employees or major fraction thereof, up to a total of fiv~ (5) representatives per party to the Liaison Committee. The parties may change their representatives from time to time, The Liaieon Committee shall meet at the call of either party at reasonable times other than during the work day, but neitber party shall be required to meet more than one time per calendar month. The purpole of the Liaison Committee shall be to meet and discuss matters affecting the operation of the Ichaol building for which the Liaison Committee has been formed. Bulletin Board 12.02 The Board shall make posting space in the designated faculty lounge of each building . available to the A.esociation for use in posting routine announcements, but not for solicitations for funds for, political activities. All announcements must be presented to the building Principal priol' to poeting. Mall Facilities 12.03 The Association may make reasonable use of the message distribution facilitiee operated by tbe Board within the school district. Such use shall be limited to the sending of routine announcements. Material sent through said facilities shall be neither critical of nor in opposition ' to the Board or any of ita employees. Copies of all material distributsd through the Board's message facilities Ilhall be given at the time of distriblltion to the building Principals of the buildings in which distribution is made. Said facilities shall not be used to make solicitation for political activities. Violation of any part of this paragraph shall give the Board the right thereaft,er to withdraw the use of suid facilities from the Association for such period as the Board deem~ ,appropriate, to include a withdrawal for the term of this Collective Bargaining Agreement. Use of Rooms 12.04 The Board wlIl endeavor when possible, to make available to the Association the use of Ichool rooms for Association meetings being held afUlr school hours on Don-duty time. To obtain the use of a room, the Association shall obtain the permission of the Principal of the building concerned. The Association shall be responsible for any damage caused during its use of school facilities and shall, on each occasion, leave such facilities in good order and repair. Such meetings shall be conducted in an orderly fashion in tho room designated by the Principal and shall not be dieruptive of the use of the school by others. Complimentary Tickets 12.05 A faculty athletic pass wlIl be issued to each employee. Said pass shall admit the employee and one guest to athletic events held by the Board's students, to the extent seating space is available (it being underetood that the Board's students shall have priority in attendance), but shall no! admit anyone to any fund raising event. Said pasles shall be non-trl1Il8ferable. SI.ould a persot. other than the employee use or attempt to use the employee's pass, the Board shall have the right to withdraw said pass for such period as the Board deems appropriate, to include a withdrawal for the term of this Collective Bargaining Agreement. 'U \ ,'t' ...' Vendin, Mcu:hine, 12.06 To the extent, in the Board's judgment, it is reasonably convenient 00 to do, the Board shall maiDtain vending machines in its various school buildings, The net proceeds from said vending machines shall be used for the benefit of the Board's employees in the respective buildings. Board Medin,. 12.07 The Board shall notify the Association of such meetings of the Board as are open to the public and shall also provide the Association with a copy of any advance agenda which is to be publicly distributed to the extent the same is available. Further, the Board will provide the Association with a copy of any publicly distributed minutes of Board meetings, but such copy shall not have any attachmenta or exhibits, Statutory Ri,ht, 12.08 This Collective Bargaining Agreement shall not be construed to restrict or deny any rights granted to bargaining unit employees under the Public School Code of 1949, as amended. ARTICLE XlII . EMPLOYER'S RIGHTS Control of Sohool Sy.tem 13.00 Recognizing that the successful operation of the Board's school system depends upon the )Fperation of the parties hereto, it specifically is understood and agreed that the Board shall have e exclusive right to supervise, manage and control the operation ofits school system, to include, inter alia, the rights to hire, discharge, assign, suspend, transfer, promote, demote, maintain order, efficiency and discipline, to determine methods, policy, equipment, books, materials, proceslles and other items to be used, job classifications to be employed, employee qualifications, working forces, schedules, number of employees and classifications to be employed, to introduce or discontinue any program, to subcontract and outcontract or otherwise acquire outside services and to require employees to observe rules issued by the Board from time to time not inconsistent with this Collective Bargaining Agreement, The foregoing statement of Board rights shall not be deemed to exclude other functions not therein specifically set forth, The Board shall not exercise any rights in violation of this Collective Bargaining Agreement, The BO/lrd specifically retains the right to exercise all powers and rights granted or not denied to the Board under the laws of Pennsylvania (including the Pennsylvania Public School Code of 1949, as amended). ARTICLE XlV . SAFETY AND HEALTH Re,t RoolM 14.00 'rbe Board shall continue to maintain sanitary wash rooms and toilet facilities. Safety 14.01 (a) The Board shall continue to afford all reasonable precautions to protect the health and J" afety of its employees during their work, Safety apjlliances, methods, drills and instruction, if equired by the Board, shall be used by the employees, (b) Unsafe conditions shall be immediately reported in writing by the employee concerned to the PrinCipal of the building (or his designee) to which such employee primarily is assigned. The Principal (or his designee) shall acknowledge in writing to the employee I'eceipt of the written 22 report on a copy thereofwithln five (5) r,alendar days of receiving the report, (c) Employee attendance shall not be required whenever student attendance is not required beoaule of inclement weather, \ (d) Employees shall be required to abide by such procedures as may be established by the Board for implementation of emergency procedures in the event of an unwmal situation. ARTICLE XV ~ MANAGEMENT WORK Supervilory Penonrwl 15.00 While the Board desires that no bargaining unit work shall be done by the Board's supervisory per.onnel. it shall be permissible for the Board to assign unit work to supervisory per.onnel when it deema the same appropriate. ARTICLE XVI . LABOR PEACE Strillel, Etc. 18.00 (a) Under no c:ircumBtancesshall the Association or any employee, individually or collectively. 'cause. permit or take part in any strike, sitdown, slowdown, picketing, stayin, limitation, curtailment or restriction of production or interference with work in or about the Board's school system or in the movement of goods, materials or persons in or about the Board's school syst.em whether from building to building or otherwise or between the Board's school system and any place outeide of the Board's school system, Under no circumstances shall the Association or allY employee honor or refuse to cross any picket line where such honoring or refusal may a.ffect the operation of the Board's school system. (b) In the event of the occurrence of any activity described in this Paragraph, the Association, \.. immediately shall publicly disavow such activity, post notice at the Board's schools that such action is unauthorized and a violation of this Collective Bargaining Agreement a'nd order its members immediately to cease and desist from such activity, In the event a picket line for any cause shall be established at any property of the Board, the Association, upon request of the Board, promptly shall urge lte members to report to work at their scheduled time notwithstanding the existence of such picket line, ~ ARTICLE XVII. TERMINATION CLAUSE Term 17.00 This Collective Bargaining Agreement shall be In full force and effect from commencement of the first pay period of the school year beginning on or about September 1, 1994, up to and including August 31,1997, and shall continue in full force and effect from year to year thereafter unless written notice of desire to cancel or tenninate this Collective Bargaining Agreement expires, ARTICLE XV111 . MISCELLANEOUS DenuJTuu, Propola" and Waiverl 18.00 The Board and the Association acknowledge that during the negotiations which resolved in this Collective Bargaining Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area 01 ' "- collective bargaining and that the understanding and agreements arrived at by the parties lifter the exercise of that right and opportunity are set forth in this Collective Bargaining Agreement, Therefore, the Board and the Association, for the life ofthls Collective Bargaining Agreement, each 23 , " , voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to barllaiD collectively with respect to any subject or matter not specifically referred to or covered 'n this Collllctive Bargaining Agreement, even though such subject or matter may not have been with the knowledlle or cont(!mplation of either or both of the parties at the time that they negotiated or executed this Agreement. EqUGlity of Applu,ation 18.01 In the continuance of the policy established and maintained by the Board, the Board and the Association agree that the provisioDl of the Collective Bargaining Agreement shall apply equally to all employees covered by this Collective Bargaining Agreement without discrimination, and in carrying out their respective obligations under this Collective Bargaining Agreement neither the Employer nor the AssociaticlO will discriminate against any employee on account of race, color, national origin, sex, age, marital status or handicl1.p. Parliallnllalidity 18.02 In the event that any of the provisions of the Collective Bargaining Agreement shall be or become legally invalid or unenforceable such provisions shall be deemed void as of such invalidity or unenforceability. Such invalidity or unenforceability shall not affect the remainder of the provisions of this Collective Bargaining Agreement. Sbould a substitute provision be necessary, the Association or the Employer shall have the right to negotiate for the same, but in no event shall the Association bave a right to strike. Part.'l'ime Teacher. )8.03 The Board may continue to employ part-time teachers. The wages and working conditions , of sucb teachers shall be determined pursuant to the procedure permitted by the Peunsylvania Public School Code of 1949, as amended. Summer Sohool, Homebound lnstruction, Extension and Supplemental Program 18.04 The Employermay offer summer school, homebound instruction, extension and supplemental programs (to include driver's education outside of school hours) as provided in the Pennsylvania Public School Code of 1949, as amended, Such programs shall be governed by lIIid Code and shall not be subject to the terms of this Collective Bargaining Agreement. The foregoing notwithstanding, the rate of pay for said service shall be as defined in Appendix "E" of this Collective Bargaining Agreement for the period from September 1,1994, through August 31,1997, with employees being paid for time actually worked. Employees required to use personal vehicles in the course of presenting homebound instruction shall be reimbursed per mile traveled at the rate accepted by the Internal Revenue Service for tax purposes if allowed by Pennsylvania law and, if not, at the rate established by Pennsylvania law with mileage to be calculated as the shortest of: (I) the distance from the employee's home to the place of instructionj or (2) the distance from the school within the attendance area of the student's residence which is or, but for special assignment, would be the school attended by the student to the place of instruction. Tenure As.o5 Tenure shall be controlled by the provisions of the Pennsylvania Public Scbool Code of1949, as amended. 24 " , A..alllt 18.08 Employees who are assaulted in the cow.e of their employment promptly shall report the lame to their building Principal or other immediate lupel'viaor. \ If, u a result of activities properly undertaken by an employell in coDDllction with the exercise of thll employee's duties, a criminal charge or charges are brought against the employee by someone other than the Board, and the employee is acqultted thereof, the Board shall pay reBlonable attorney'e fees and court costs incurred by the employee in the defense ofsaid criminal charges. For the purpose oftbls section an employee's Mduties" shall he deemed to include activiti81 undertaken by employees at "school evente" taking place before and after the usual school day such as athletic contests, .ocial events, etc, Stuant EllalU4tion 18.07 Teaching employees shall have the initial responsibility of determining the grades and evaluations of students. No grade or evaluation of a student so determined shall be obanged without notice to and the offer of a conference with the teaching employee who made the initial determination thereof. Notice shall be by mail to the IBlt addresll given to the district by the teaching employee. No Sub.titute Be1Ulfit. 18.08 The benefits set forth in this Collective Bargaining Agreement shall be the exclusive benefits available to the employees. Employees shall not be given monetary payments or othflr benefits in lieu of the benefits herein provided, , Modification ...... 18.09 This Collective Bargaining Agreement shall not be modified in whole or in part except by an instrument, in writing, duly encuted by both parties. Captio,.. 18.10 The captions, paragraph numbers and index appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, constNe or describe the scope or intent of lIuch paragraphs or articles, of this Collective Bargaining Agi'eement nor in any way affect this Agreement. Multiple Counterparts 18.11 This Collective Bargaining Agreement may be executed in multiple counterparts, each of which, for all purposes, shall be considered an original. Cople. of Agree,,"mt 18.12 The Board, at its own cost, shall produce copies of this Collective Bargaining Agreement. The gener,al distribution of the contract shall be made to all bargaining unit employees by WSEA through intraschool mail with a cover memorand~lm jointly signed by the President ofWSEA and the Superintendent of Schools. " 2S .. t; ~ o ..J ~m bS:b en wen a:'" ~ en I- en ~ ~ ~~~~~~~o~o~o~o~o~o~o~o~ .MN~O~mm~~~~~~..MMNN~-O ~~m~OO~NM.~~~~mC~NM~~W~ MMMM...........~~~~~~~~ ~ + I oooooooooooooooooooooco ~~~~~~~O~C~C~C~O~O~c~O~ m~~~.MNN_~OO~~mm~~w~~~. ~~~m~O~N~~~~~~m~Q~NM~~~ MMMMM...........~~~~~~~ ~ ~ + I 00000 COO 0 0 0 0 0 000000000 01 ~~~~~~~C~C~O~C~C~O~C~C~ MN-OO~mm~~~~~~..MMNN__O .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~~~m~~O-NM.~W~m~C...NM.~W MMMMMM..........~~~~~~~ I 000 ceo 0 0 ceo c 0 COO 0 0 0 COO 0: ~ ~ ~ ~ ~ ~ ~ 0 ~ 0 ~ 0 ~ 0 1/1 0 ~ 0 ~ c ~ 0 ~I N-c~m~ww~~~.MMNN__OO~~~ ~~~~m~O~NM~~~~m~O~NMM~~ MMMMMM..........~~~~~~~ III .. + I ocoooccooooooocoooocccc ~~~~~~~~~~~~~~~~~~~~~~~ m~W~.MN...c~m~w~.MN...C~~~W ~~~~m~O~NNM~~~~m~O~~NM~ MMMMMM...........~~~~~~ I cocococcccoocccccoocooo ~~~~~~~~~~~~~~~~~~~~~~~ .MN-O~~~W~.MN_o~m~W~.MN ~ ~ ~ ~ m m ~ 0 ~ N M ~ ~ ~ ~- ~ m ~. 0 ~ N M .': MMMMMMM...........~~~~~ I m 1- N M · ~ W ~. ~ ~ c - N M . ~ W ~ m C1> c _ N I'll ~ ~ .... .... .... ... .. ... ... ,... N (\I N NI Appendix D Iv 'llllll= III lll.c:.cCO- ~-_.c:..t! '0 .. _ en Q) ,; -l ~ 9! .c: 8 -Ul~bl ~ 'Co ,~olQ.~ Q. E~ E QlCO IIlQl _Ill ~- g,t~ C'~ 8- '0 :5 :Y u '0 C-~tIlQ. _o~ QI n=!l,! . 0 'iii ~E'2- Q);: rs QI -g i::lQ)~lQco J:: III _ -UlQlll .c: ::.- C > l;l'" 2l';'.s! ~.-' >0 16 s co . 0 - III iil 0 Q. ~ 'r:: iiSl(E Q. .- QI E e Q)"O .c:Clll::lQ. - ~J:: E Q. C -.- tIl Otll-5~lll _ .- E.c: CcJ:: - lll'- ~ lll_ E :5 III III ~ 8.1: . "0 U 0 III III tIlJ:: -u --IIl::lCCO ~Ul 5}~Q. ~.~iii ~ll . III Ul ~.; = 01 .~ l!!.!2 := 'i t lll~~~lIltll (/)c..Q)U's- _ J::.. ::l,l!! OGJ-~:=Q) l!!:5 C ~'iii-g tIl C 8.".g::> C\JO::l~IIl_ >OC.lllDleO - ::l QI 0 - ..01 E 5i'$ f6l~S Qi E tIl - ::l Dl::E 2l.c"iiiuS!l! l::nQliii~...J= tIl.c" _ _... . .0 Ul--IIl,... .-coQ!l!enlll :5iiiltlt::lbfii - COOl'''' o~~Q.en'~ cC-=-e t:~"Ill..Q. .slll~S;.EO CD'" a.o- J::~2l::lU'lDl -. >0 01 CI) ,; 01 ~ 0 C ...."E' .c:: III Q. '6 ... 0 c-Ec U t5~1ll:c1l~ \ I ) \ I I t I ~ I IJ ~ ! , i , ( . ' WEST SHORE SCHOOL DlSTRlCT NEGOTIATED EXTRA DUTY ASSIGNMENTS DISTRJCf POSITIONS ON! NO, PER DN! NO, PER 5mON CLUS1'ER DISTRlCi POSmON CLUSTER BLOO CoIIc.uions Director 1/14 DepaMment Head . WI6 OepuIment Head. Envlronmenlal Ed, WI6 Business Ed, OcpII1m.nt Hud . W16 Science Driver Education TechnololY Ed, Home Economics Field Hockey Coach. Ubrary Head 1/6 I Health Services Aulstant 1/10 I Music Freshman Head 1/9 I Divinl Coach 1/9 Freshman Assistant 1/11 I Special Olymplc~ Coord. 1/11 Football Coach. 5.. of Bethlehem III/17 Hud I/Z I Assistant 1/' 6 Freshman 1/10 3 SENIOR mOH SCHOOL PosmONS Golf Coach 1/9 I Gymnaulcs Coach. DN! NO,PER Head 1/6 POSmON CLUSTER BLOG AlIlstanl 1/11 Indoor Guard. Coordinalor 1/10 I An Work Director 1/13 Alllstant Coordinator 1/12 2 Athleuc Equipment Manager 1/10 Jau Band Director 1/10 I Audiovisual Coordinator 1/14 Major Play. Bueball Coach - Director 1/9 Head 1/6 1 Business Manager 1/IS Msistant 1/9 2 Marching Unit. .5ketball Coach. Director I/Z I Head Boys 113 I Assistant Director 1/8 I Head Girls 1/4 I Band Fron! Coord, 1/10 I Assistanl Boys If1 2 Instructional Ass!. 1/10 , Assistanl Girls 1/8 2 Musical- Ffeshman Boys 1/9 I Director 1/S "- Freshman Girls 1/9 I Alloclate Dirl4:lor 1/11 Cheerleading . Business Manager 1/14 Director 1/8 I Choreographer 1/11 Assistant Director 1/11 2 Instrumental Music 1/10 Chorus Director 1/10 1 Sound or Lighting Coord, 1/14 Class Dean - Newspaper Director 1/12 FRshman 1/14 I Orchesua - Sophomore 1/14 I DIIl'.ctor 1/10 Junior 1/14 I Assislant Dir ./Middle School 1/13 Stnlor 1/11 I School Store Advisor 1/14 Assistant Dean 1/1S 3 Soccer Coach - Commencement Spkr, Coach 1114 I Head Boys 1/6 I Cross Country Coach If1 I Head Girls 1/6 1 Debate. Asslstanl Boys 1/10 1 Coach 1110 Allistant Girls 1/10 I Judie WI6 var. Freshman Head 1/10 I Depanment Head . WI6 Freshman Asslstan! 1/11 1 Enlllsh Soh ball Coach. Foreign Language Head 1/6 I Guidance Assistant 1/9 I HealthlPhys. Ed, Speech Coach 1/12 1 Mathematics Slage Crew Manager 1110 I Social Studies Slrength Training Coach 1/8 I Sludenl Council Advisor 1/13 I Studenl FUnd' Treasurer If1 I Appendix E continued,.. , \ , . , N'aoljlledl'.xtta DUlY Anlanmenll (conlinued) Paa. \ ( SENIOR mGH SCHOOL POSITIONS (conlinued) ELEMENTARY SCHOOL POSITIONS \ Drv/ NO, PER orv/ NO, PER POSmON CLUSTER BL.DO POSmON CLUSTER BLOO Swimmlna/OiYIna Coach - SenJor Teacher - WI6 Hud 116 Hemul/l Avenue AlIis\lnt 1110 Falmew Tennil Coach - Lower Allen BOYI 119 ML Zion Oirll 119 Rossmoyne T!ll:k Coach - Wuhinllon HelBhu Head Boys 116 I Hud Olrll 116 1 OrnER Allillant Boys 1110 2 AII.s\ln1 Olrls 1110 2 OlYl Trainer- POSmON CLUSTER Head 112 I AIIIs\lnt liS I Adull Educalion DIll 7 Fall sponl liS I Asuonomy (20 hrsIyr, max,) DIll 7 Winter/SprinB Spons 118 I Homebound Inslr\lcdan DIll 7 Volleyball Coach. Summer Curriculum, InseIYlce, elc, IYIl8 Hearl 119 Summer Lihrary DIll 7 f Assis\lnt 1112 Summer Music Inslr\lclion DIll 7 . WrellUna Coach - Summer Program InstrUclor V Head V3 I Summ.r SchoollnltrUclion DIll 7 Allls\lnt 118 I ManilorinB: pre/posl-school Freshman 119 2 Ubrary, compuler room, elC, DIll 7 Yearbook- Intramurals (1 Unil a 40 hours Advilor 1110 instrUclion) DIll 7 "- BUliness ManaBer 1114 TIPS, serving on IV/18 MIDDLE SCHOOL POSmONS orv/ NO, PER POSmON CLUSTER B\,OO Bukelbal: Coach - Head Boys 1110 I Head Girls 1110 I Allillant Boys 1112 I A5Ils\ln1 Oirll 1112 I Depanment Head - Science D/16 I Major Play Director 1113 I StaBe ManaBer illS I Sludenl Council Advisor illS 1 WrellUna Coach Head 119 I A5Iis\ln1 1111 1 , I Yearbook Advisor 1114 I eCI:utta dUly UII Appendlx E II ~.n 1\ 8'~ a .: hl~ . 1 . , I , ' Ilml! I ' , I ~k':=j~l ~ i~ &II 1 \ . . ' ~~:o III!, ~ I! I! l! :-1"' Ii I:J"I i'" "I 'I -~ i" ".l" 1"1 :.... ~ .' , ! . , I',;'~:~'i--:-' -'n-- -'r '-!. i,! '~ II I!'~" 'I ~, ~ N ~ " ~:.: :;, j"-~;"~.'- iI,I'-~ i .. ,. . i .'; . II I' . i ll! i i ~I B ! ~ !i Ii i i "I Ii I'! III Ii . i~ ~:f I, ~ I ; Ii . i1. I. II i\ . I I . I L. I L-l.- ... . " E . , ~. ~ Ii .. -- ~.il\l!~:~,,1 ~ I :lu:Y~~_"i~ C It; tI ;;jl:' I ,t'! ... · " ~ " a: ~ ': ~ I i : ~ $1'~' ~ Ii; I 1 lie ~ ;; =.. \..: . ' ' '! i i ! ~ r;J~I~ ~~ I .._ ~ lI!,~ ~', I..., , , I' I; " '\ I : " I' ' "II 5 II ~: ' i \ I'~ :I ... ;I = ~ I I ;'" I! , 1 ,I I . . I I I I i. ~'I i ~;I \ I ~ I : I Iii ,. i il i ~ R II , I ~ , ~ ~, !' ~ ~ '! ! S , , , I! ::! I! ~I ~ ~' ~.- 5 . ill 5 ~: ~ ~ :B ~ N' " t:l ~ ~ ~ ~ N i g ! I 2 lu:1 , :11\ ~ , ~ '. . . 'JO" !f ! i ll! ~i i ,IIi 1 = \ , III 0 ~ CO) .... " n I !IN' \ ., 4D om ""I. ... .. ." II' '11'I 1ft ~ 1ft, : _~-~J~, ~ ~..__ .... 1';1 , i u'~ lD ... :!: 11~ : ;; ::~' :- ~ :- ,- :"lj f::~~ ~ ~ ~:j 52;:[ ~ :- :.~, ;. .... ... VI, oil N .. --..,.-11' J .~~m_~ ~ ~ ~ tD. -JIlt . . '. M .... M M 10 !. ~_!l_.g_l'': . . .. - ~. - ... Ni i II, ~ :: :1: ---:;- :----.11 -:", ::1, ~e ~ r =. ~ i ~ I~ ~ .' "' _____. ____ _."..__L : Is a JJi . II ~ 'i: ~ ~ ;:1 _,I ~ ~' I nJ ~: I'!I Ii !I~! Ii II' ::u, pl~ . \ II I II . = ! IIJ ~ f =: :: I:;: II> .. I" ,- .: ,.: .: I M: 0-----.- .-...;:;-.--' ~"-fii1~J ~ N I N ,Cl Ct. ... ..... 101.: ~ ~ I ~ INI I ", i ,~.. " ~ ----I'..-,.-~-..T~~ - .:: ..0 IN ,- -, -- ',.. 'll. : ,~ ~ ~I II) .., ~"', ~ , .: . .: .: Ni ~ ':; '--- -,::;,-1 ~I ; '~ :' I~J I I ~ - '-1\ Of H!,i :1:1' ~ i I' I ! I!',.. .. ~ .. III ~ ~ ~,ID ....... ... 0'.. -I ~,~J,~___ ~ I! N ~. ~ ;C I"; N 1iD1",. ""I~"-,II>j~ , .. ... m... ... Il'l.:" I' ' .." III 0 0 N . :~N d,: J,; W'I N... N . ' . . M .. CD ca o. . ':' .. M:lDL~ 1fI ; : --L. 1 ~! ... 0.'''' C"! "". ..I~ ID II'" . ... 1')'" ... .. ... VI ~ "' i= n ~q I ~ Ii i 111 I I ~l Iii I III ; . g . ill\ Ii I ~ ' ; Ill! ~I , Ii: ~' II Appendix E Iv . , \ \ . :.\ ' I, \ cr cr cr ~ ~ ~ i f8 f8 m m ~ ~ tEi tEi en ~ g Q ffi 2 :E Cl. 3 ~ ~ ...J ." G ,... a Q CII a: CII ~ I cr I Z ... ~ II) ~ c CII ~ CII a CII 1= () CII 1= en .. z ~ .. z ~ z z 0 z 0 0 C!l C!l E 0 C!l 0 ~ - z z - z ... 52 ... 52 en - s: - s: 0 Ul a: ~ en a: i (, Cl. 0 UJ 0 UJ Cl. (IJ Cl. (IJ - 10 .. a: cr a: cr cr ILl 5 5 5 ~ .. :n 0 3 ~ ~ ~ ~ ~ CO) lD lD u ,... - fj fj lli lli N N ~ Z ~ ~ 0 en - 2 :E ~ 3 ~ Q .../ a ~ .... II) () CII a: CII a: I (IJ cr I ~ cr CO) D. ~ ." ~ CII 1= () CII 1= () CII ~ CII ~ .. z .. z z 0 ~ 0 0 ~ C!l ~ C!l E z E z 52 ~ en ~ ~ en s: 0 0 cr Cl. UJ Cl. ~ (IJ Appendix E ,.j II ~ Cll o a: A. . a: >w Zll o II - = Een Q~ z W ~ Cl Z . en z ~ en o A. a: ~ = ~ Z - a: 11\ W 01 II ' II or = :: en .. . . . .. . . . . 888 8 2i~lioi lIS .. ,.. fll C'iNC'iC'i 8 888 ~~~~ N N l') N ii Z:ll::~~~ oen< -~lXl ~~~~8~ o 0 g; A.a:lCllu. a: ,.. W III ;I , II to = :: en.. ~n~i ;~~~8 00- A.mClu. 000 0 III III III III :g ..: '~ :g N ~ lQ N C'iNNC'i 8 :5 :5 8 iii cD en iii II) 0 0> II) -.Nm-. NC'iNN ~ ~ ~ I: a: or a: 10 W III W CIl II . II I II C'lI Ii II I/) ij 01 CIl = 01 = CIl 1iI CII .. en ~ Z ~.J~ zll:~ :j !! 0 ~ < .J o~< i= a:l < -mal < j:! - en~~w !:enVJ 5 !ll en > a: ~ en>"", 0 0- oog; l(~ .f A. m Cl II.. Q.mCl . Appendix E " . . , WEST SHORE SCHOOL DISTRICT EXTRA DU'I'Y POSITION EXPERIENCE INCREME~ For penons occupying extra duty positions in the Clusters 1 through 16 there shall be four (4) one. time only longevity increments 811 follows: A. Commencing with the 1988.89 Bchool year, employees completing two (2) or more consecutive years of previous experience in an extra duty poYition shall receive an increment equal to seven percent (7%) of the appropriate year's Cluster base value, as applicable. B. Commencing with the 1988-89 school year, employees completing five (5) or more consecutive years of previous experience in an extra duty position shall receive an increment equal to ten percent (10%) of the appropriate year's Cluster base value, 811 applicable. C. Commencing with the 1988-89 school year, employees completing eight (8) or more consecutive years of previous experience in an extra duty position shall receive an increment equal to fifteen percent (15%) of the appropriate year's Cluster base value, 811 applicable. D. Commencing with the 1989-90 school year, employees completing eleven (11) or more consecutive {~ years of previous experience in an extra duty position shall receive an increment equal to twenty percent (20%) of the appropriate year's Cluster base value, as applicable, " The foregoing notwithstanding, longevity increments shall be reduced or not paid in instances in which payment of all or part would cause the employee to receive more than the Cluster value (plus any approved longevity increment) for the position occupied, Appendix E vIII .A.,'" .. ~(' , I . ~ "' , ~ . . CBRTlrICATB-2F SBRVlq~ I do certify that I served a true and correct copy of the within dooument upon the following by depositing a copy of same in the United St~tes mail, postage prepaid, addressed as follows; Timothy J. Finkelston, Esquire rinkelston Law Offioes 300 Bridge Street N,JW Cumberland, PA 17070 Respectfully submitted, KILLIAN & GBPHART ~O Dated: April 14, 1998 Paul Helvy, Esq ttorney I.D. #5314 Bradley A. Schutjer, Esquire Attorney I.D. #75954 218 Pine Street P. O. Box 886 Harrisburg, PA 1.7108-0886 (717) 232-1851 Attorneys for Plaintiff '.. .. " .. .. ,A ,k # I i i 'I ~ c~ :fto ~ ...0 C- ~ .,. \.,n t;""" ...~ i:; (. \j <.:> "'"1 " t'- a.- :r f ',I t=. 1.11 , .:r c n Q -;., ~ (.J "1 ~ , 1;" ('j LI"' ' {~- . .. 'In , ':r I ,," 4~ '" 1.1. e' U (,;', l,..) professional employees of the District. A true and correct copy of the CIlA is attached hereto as Exhibit "A" and incorporated herein by reference thereto. 5, Pursuant to the terms of the CIlA, a grievance procedure has been established lor the determination of any grievance tiled under the CIlA, 6, The filing of this Complaint in Declaratory Judgment, which seeks an interpretation of the CRA, was improper given the grievance procedure set forth in Article Y of the CRA. 7. Article Y, Section 5,00 of the CBA defines a grievance as a "complaint by an employee or employees regarding the meaning, interpretation or application of any provision in this Collective Bargaining Agreement. Such grievance may arise because of an honest difference of opinion, an error in judgment, an oversight, a misinterpretation or from countless other ways in which there was no intent to cause a misunderstanding," 8. Article Y, Section 5,0 I of the CRA further provides: "In the event of a dispute or difference, the parties hereto and the employees shall continue to transact and carryon their business in the same manner as at the time of arising of the issue or issues in dispute, Accordingly, grievances shall be handled exclusively through the process hereafter described," 9, Article Y, Section 5,02 of the CBA sets forth a four (4) step grievance procedure culminating in the mailer being submitted to arbitration if the grievance has not been satisfactorily settled by the parties. 10, The Declaratol)' Judgment action filed by the Union in this matter questions the "interpretation" of the CBA, specifically Section 9,08. 2 requested that the District modify its Interpretation to abide by the requirem~nts of24 P,S, ~5.513 ",," (emphasis added) f, Paragraph 16 of the Union's Complaint in Declaratory Judgment states as follows: "The Plaintiffs believe that the collective bargaining agreement should be interpreted to allow an employee to make the 9.08 selection, but that such selection should not cut 011' the benelits of the dependent spouse," (emphasis added) g, Paragraph 17 of the Union's Complaint in Dllclaratory Judgment states, in pertinent part, as follows: "Therefore, Section 9,08 should be Interpreted in the following manner", ," (emphasis added) h, Paragraph 19 of the Union's Complaint in Declaratory Judgment states as follows: "The Plaintiffs aver there exists a current controversy over whether the District's Interpretation violates State law and how said contract should be interpreted," (emphasis added) 12, The District and the Union are the parties that bargained the provisions of the CBA and are explicitly bound by its terms and provisions, 11 Moreover, from the above-cited Paragraphs of the Union's Complaint in Declaratory Judgment, it is clear that the subject of this action is a grievance as delined in the CBA inasmuch as the relief requested by the Union requires this Court to interpret certain provisions of the CBA. 14, Article V of the CBA specilically reserves unto an Arbitrator the ability to interpret provisions of the CBA. 4 IS, The parties have bargained fbr the Interpretation of an arbitrator in sltuntions where a dispute arises as to the interpretation of a contracl provision, 16, The Union's filing of this Complaint in Declaratory Judgment is an attempt to sidestep the provisions of the eRA which require questions of language Interpretation to be submitted to the grievance procedure, 17, Jurisdiction over questions of the interpretation of the CRA is vested solely In an arbitrator. 18, Pennsylvania's Public Employee Relations Act (PERA), 43 P,S, *1101.201 et self" provides, in pertinent pan, that "arbitration of disputes or grievances arising out of the interpretation of the provisions of a collective bargaining agreement is maadatory," 43 PS, * 1101903. 19, Pennsylvania's Arbitration Act, 42 P,S, * 730) et self" provides, in pertinent part, that "[aJ wrillen agreement to subject any existing controversy to arbitration or a provision in a wrillen agreement to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity relating to the validity, enforceability or revocation or any contrac!." 42 PS, * 7303. 20, Pursuant to the Declaratory Judgment Act of 1976, rlllief by declaratory judgment is specifically unavailable in proceedings within the exclusive jurisdiction of a tribunal other than a cOUl1, 42 PS, *7541(c) 21 Therefore, this Court is without jurisdiction to render an interpretation of any provision of the CBA such as this issue requested by the Union, 5 waE'E"".., Ih, W,. S.., S,ho.,l DI,,,,,, ro''''''~IJ, 'oq"",. 1/." Ihl. N''''''b. C",," '''m lh, D'"""., P""m'""" Ohj'''I"", '"d di"",.. Ih, fl"""" Complaint in Declaratory JudgllJent lor lack Ofjuri8dicrJon. Re8/leCtlully 8ubmltted, I<"NI(El,s'rON 'A W Ol<""'('ES -T~-9-~(~_.___ l'imothy J. Pinke/8toll, E8Quire PA /,0. 1174804 300 Bridge Street New Cumberland, p A 17070 (717) 774-/442 Dated: JUne I, 1998 Attorney for Defendant, West Shore Sohool District 6 ~, COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN WEST SHORE SOHOOL DISTRICT (hereinafter ,.rerred to '1 the "Board"), and WEST SHORE EDUOATlON ASSOCIATION (he,.lnafter ,.Carred to.. the ""..oelatlon"), ARTICLE 1. PURPOSE OF AGREEMEN7' .............................................................................1 1.00 1.01 1.01 Preamble .........................,....,..............................................................u....... ..........................1 Promotion of Eftlciency .........................................................................................................1 Alloclation Relponlibility .......................................................,....,.................................... ...1 AR7'1CLE II .. RECOGNITION ..............................................................................".....................1 1.00 lI.O 1 1.01 1.08 AelociatioD ........................ .....'.. ....'H ....... ..... ................................................ ..........................1 Unit ........................................................................................................................................1 As.aciation Membership ............................. .......................,..................................................1 Memberehip Due. Deduction ............ ....,... ......, ........... .... .............. ......................................... 2 AR'l'ICU III .. LEA lIES OF ABSENCE ................................................,....................................2 8.00 8.01 8.01 8.08 8.04 8.05 8.08 8.07 8.08 8.09 8.10 8.11 8.11 8.18 8.14 Association Activitiea ............................ ..... ...... ....................... ............ ...... ... ...., ....................2 Sabbatical I..eaves .................................................................................................................. 2 Bereavement.. Immediate Family ..........................................................................."............8 Bereavement.. Near Relative ...................... ........ ..... ......... ... ................... .............................. ~ Bereavement.. Paymer!t .................. ........... .... ..... .......................... .......... ......................~....... 8 nIneu and Injury ..................................................................................................................3 FamDy and MedicallAave Act .,........................................,..................................................4 Eztended Ab.ence .....u....................... ..................................................................................... 6 Per8ona1IAave ...............H.............................. ........................................................................ 8 Request. and Control ofPerloDal I..eave ..........................................,...................................8 Lunch Period ......................................... ................................................................................. 8 Profe.aional Absence ..........................H.................................................................................8 Elected Officer ...... ............ .................................... .......... ................ ................... .................... 9 Jury Absence ...... ...............................................................................................,...................~ 9 Milita.r;y Service .................. ...... ...... .... ..... .... ....... ..... ........ t.... .... ...... ........ .... '~" ..... ...... ...... ......9 ARTICLE IV . ADDITIONAL CONTRACTS AND ASSIGNMENTS ....."'......."....................9 4.00 4.01 4.01 Individual OODtr.cta.............................................................................................................. 9 Job AlliflllDenta ...................................................................................................................,9 Seniority.... .... .... .......... ............... .......................... ....... ........ ...... ..... ............ ...... ...... .... .... ..... ... 9 ARTICLE V. GRIEVANCE AND ARBIT.RA7'10N ....................u.~........................................10 '.00 1.01 5.01 Complaint ..............................................................................................................................10 Oontinued BUlinel. .......................... ......... ........ ........................................ ....,.....................1 0 Procedure .......................................... .................................................................... ,...,..........10 '.08 AaIociatloD Spok..mln ......uu......II.................u............................. ..............,......................11 AB'I'ICLB VI. DISCIPUNB, DISCHARGB AND BVALUA770N .......................................11 '.00 e.ol Dlachar.., DilcipUne, SUlpenaion. and Reprimand ...........................,..............................11 Employ.. Evaluation ................................................................................................,........u 11 ARftCLB WI. COJIPBNSAf'lON Cl..AlJIS ................._......................................................12 7.00 Cooperation ..........................'.'0........................,...........'..........,.............................................12 .A.R'17CLB VllI. WORIC SCBEDUUS ........___..............__..............................................12 '.00 '.01 '.02 '.08 '.04 '.oa Work Ho1lJ'lJ .........................................,............................~.................fQ..........,.....................12 Plannlnr 'I'ime .. ....... ..... ........ ........ ... ................ ........ ............ ..~......... ...................... ............ ..12 Work Year ........................................... ................................,................................................18 J'ob Vacancie. .......................................................................................................................18 Teachini Aaai(DJDent ..................................., ......................................................................13 Teaching ~ad ......................................................................................................................13 AR'l'1CLB l% . WAGES AND WORll1NG CONDI7'lONS ........u............................................!4 8.00 8.01 8.02 8.08 8.04 8.0a 8.08 8.07 '.08 8.09 8.10 '.11 Cl...iftcationl and Rates of Pay .........................................................................................14 Extracurricular Pay .............................................................................................................14 '!'ravel Reimburaement ................................................................................... ......,............., .14 Payment ...............................................................................................................................14 Retained Rates .....................................................................................................................15 New POlitions ....................................................... ...............'................................................16 Tu Sheltered An.nuity ........................................................................................................16 Credit Union ........................................................................................................................15 Retirement Incentive or Benefit Payment .......................H................................................16 SuperannuationlDilabilitylWithdrawal Increment ...........................................,...............16 Graduate Credit ReimbUflement ..................................................................~....................17 Ezemplary Efrort RecolDitioD ............................................................................................17 AR'l'1CJ:.B r . INSURANCE ......................................................................................................17 10.00 Medica1lllo.pital.. Cunent Employee. ..............................................................................17 10.01 MedicaJ/llolpital. Retired Employee. .................................,..........................................,..18 10.01 M.dica1lllolpital. SllI'Vivini Dependents ......................................................................,...18 10.08 Medica1lllolpitAl- SUlpended Employee. .........................................................................19 10.04 Dentll Oare "...................................................................................,..,....................,............19 10.01 Vilion Oare ...........................................................................................................................19 10.08 Employee Participation. MedicallHolpital, Dental, VilIion.............,................................19 10.07 AutomobUe lnaurance .........................................................................................................19 10.08 Workmen'. Compenaation .....................................................................................,.............19 10.08 'IUberculin Skin Teat .................................~............................,.............................................20 10.10 Life murlnee ......................................................................................................................20 AB'I'ICLB]{J. CONFORMITY TO LA. W . SA VlNG CLAUSB .................._..........................20 11.00 UDlawf\ll Provilion .............................................................................................................. 20 11.01 B-m_l"l",. .....-.....on 20 .. &""I'VYWI ...."........u.............................~............,....................................... ....... AIl'l'lCLB m . ASSOCIATION PlUVlLBGBS " rr lJIIll1111Ht 1 ",,",,_...20 11.00 11.01 11.01 11.08 11.04 11.01 11.08 11.07 11.08 M..t aDd DiIcuu CommIttee ...........................................n.......................................u....20 l",)cal LiatIon .........................................................................................1..~................18... .... 21 Bull.tiD Board .........................................................................".........................................21 MaD F.cWtie. ............................................................................................................,......21 V.. t4 RooDll......................~I.........................".....".............................................................21 ComplillleDtI.ry' 'IlcJr.etl......................................................................."'.............,,,................21 Venc1.iDa Machin" ................................................................................................................22 Board Meettnra ...........................................................................................................,.....22 Sta.tutor:r Riabta ............................................................................................................. ..22 AIl'l7CLB ZlU . BJlPLOYBR'S RIG87'S.., IIn .,.....It 11111 IIlflll ...,...-_...22 1&00 Control or Sch()OI Syltem...............................................................u.................................. 22 III Ii ,,,-'u... r u...._............ 22 AIl'l7C'..LB .17V . SAFETY AND BEUtTB , 14.00 14.01 1111111 Relt Rooma .................,......,.....,............,.......................,..........,........,...............,..........,.....22 Saf.t)'.......................................u..........................................................................u.............22 4&.B1'lCU .%1' . .lfAN'AGBJlEN7' WORX' ..................____.............________......................28 11.00 Supe:rviIory P.noDD.I...~.......o........................................................................,................. 28 ARf'lCLE n'l'. UBOR PEACE....._...........................__...............__......_._...........28 18.00 Strike., Etc. .....,...........................................,..................................................................... 23 ARTICLE %VII. 'l"BRMlNA'rlON CUVSE _..............__.......".....___................._.....23 17.00 Term ....................................................................."."...........................................................28 AIl'l7CLB:rv1l1. JlISCBLLANBOUS M...__........__... T ........IIIJI1I1... T.._....28 18.00 18.01 . 18.02 18.08 18.04 18.oa 18.08 18.07 18.08 18.09 18.10 18.11 11.11 Demada, Propow. and Waiven ....................................................................................23 Equality" or AppUcation ......................................................................................................24 PartiallDvalidity .................................."........................................................................... 24 Pan.'!'lm.e '-'.ch.n ..u.......................................,...."..........................,............,................24 Summer School, Homebound lDItructiOD, EzteDlion aDd Supplemental ProJram ...... 24 Tenure ,..........'.'....II...................................u".................................,.."...,..................,........24 Aaaau1t ................................................................................................................................26 Student Evaluation ............................................~............................................................. 26 No Subltitute Benefit. .....................................................................................................2& Modiftcation.............................................................................................................11........2& OaptiODa ..............................................................."1.._.............................,...........................26 Multiple OOtIDtlrpartllI.....................................................II..............................................25 Copt,. or .AlrMmlDt ................................1.........................................................................25 APPENDICBS COLLBCI'IVB BARGAINlNG AGRBBJIBN'l' 'IbIa Collective Barral.Dini A,rMmlnt hll'lby ilentel'ld illto II of'thl flnt day ofSeptemblr.I994 by alld bltw..n WEST SHORE SOHOOL DISTRIOT (bll'lillafter reflmd to u thl "Board") lIDd WEST SHORE EDUCATION ASSOOIATlON (bll'lwftar I'Iflme! to II thl "AuocIatlon"). AB'1'1CLB I. PURPOSE OF AORBBJIEN'I' Pu""" 1.00 Thl partiu racopiIl that It iI dulrabll to prlllrvl harmoDioUl relatlona bltw..n the Board and the AIIociatiOl1. '."'~ ofBf/foNM1 1.01 It ill'ICOJDized by the Auociation that the Board, ill Jl'll)tIn, th. bln.!te lit forth ill thIa Collective Barrlinin, A,reement, iI addiDa to lte coat of operation and that, th'l'Ifore, thla Collectlv. Bar,Iinin, A,reem.ntla m.d. with th.lpeciftc undel'ltandiDathat the Auociation will cooperate with and Ullat the Board ill promotill, bitter .metency and prellntID, . CODtinuaUy improved edllCltional prorram ill the Bo.rd'l IChooleyetem. It ill'8CO(DIzed th.t the lucce..ful oper.tion ofth. Board"lChool ey.tem can bI ulured only throu,h the cooperation ofth. partie. . h.reto. . "oolation Be,po...'6"", 1.02 In colllld.ration of the obll,atlon. undertaken by the Board ill thIa Collectiv. Bar,linin, A,nem.nt, the Auociatlon recoJDiz..lte re,pollllbilltl.. to .ncourqe muimum productivity per .mployee. AR'1'1CLE II . RBCOGNl'1'10N AI,ooUatlon ..00 The Board rec:oJDiz.. and aclmowled,.. the AI.ociatlon aa the IOle and .xclualv. repreeentativ., for the purpoee. of coll.ctlv. barrlinin, with l'llpect to wa,.., boW'l, and oth.r terme and condition. of .mployment, of aU employ... ill the unit delCribld ill Par.....ph 2.01 or thiI ColIectiv. B'rrlinin, A,reem.nt. v." I.Gl TbIa Collective BlJ'laiDInr A,reem.nt aha1l.pply to a barr-l"~,,, unit iIIc1udill, teachel'l, , nUJ'lll, dental hyr!.Dilte, counlllon, home and IChool vlaltor, IIbraril.Dl, echool paycholortata and llDior teachll'l .mploy.d by the BoanI ill the W.1t Shore School Diltrict, but ucludln, all tDatructional coontinaton, aupervlaon, flrat I.vel .upervlaon and confld.ntlal employ... II detln.d ill Public Employ.. &Iatiolll Act ofth. Commonw.a1th of' PeDDlylvania. AuooIaIIOII JI'.mN,.,A'p ..01 No employ.. of the Board Iha1I bI required to join or maintain mllDblnhip ill the AuocIation or any oth.r .mploy.. orrlDizatlon u a CODdltion or term of' .mploym.nt, nor .hall m.mbll'lblp or nODJD.mblnblp ill the Auocl.tion or any other .mployee orpniaation h.ve any etl'ect upon an .mploy.... .mploym.nt or any tal'DUl or condltlolll thlreof. I 1I....6mtACP Due. DedIu1t1on 1.01 (a) Th. Board ,ball d.duct from th. Will' or tbOlt employN' who 10 authorile nob Ucluotlona by a proper ad lawful written authoriletion, the dUllllt.abUah.d by tb. Auoci.Uon. (b) Th. autho.rlution form to be UICUtecl by th. emplo)'lll ,1Wl contain a uaiIDm.nt, aha1l be fundlbed by th. A.lOOiation to th. Board ad Ihall be approved by the BoanI prior to beiDa ued. (0) To tb. .mnt permluibl. by law, th. authoriution form .ball be Irrevocable for th. 1Cb001 year if'DOt nvoked prior to Nov.mber 1, th.nof.lfnot nvok.d, the authoriution .ball be pruumed to be contiDuiq ad in full force and efreet. (d) For the conveni.nCl of the employe.., the Board ,ball make authorlaed d.ductioDl for fourteen (14) CODIOCUtiV' pay. in II n.arly equal amounta II nuDn.bly convenient. Deduoted amounta aball be nmitted to th. AJlOCiation promptly after d.ductioDl an .ffected. Whilo the parttlll'8COlDizethat not all .mployee. will d..ire to have the u.me amount c1aducted from w...., tbe Board Iha11 Dot lit oblilatad to deduct more than four (4) cWrerent amounta from .mploy..'. w..... Should an .mploy..'. employment terminate or mould III .mploy.. commenCl in a non. paid leav. of abHnce prior to the makin, of all deductioDl, the ballllce of the d.ductioDl.hall be made from the .mploy.... flDal p.y immediately precedinll the employee'. termination or oomm.ncemei1t of a Don-paid leave of abunce II appropriate. (.) No employee .hall be required to authorize a du.. deduction, and peitber the Board nor the AIIoc:iation .hall dilcrimJnat4 or coerce lilY employee becauae of deduction or nop-deduction or dUll. i ARTICLE Ill. LEAVES OF ABSENCB Aftoelatlon ADHrJUN. 1.00 The Board, to the emnt the u.me ,1Wl not UDnUonably interfere with operation of the JIoard"lChoolllY.tem, .hall, upop the AIIoclation'. writt.p reqUllt, lI'U1t fifteen (16) employee daya ofrwith pay .aoh IChool y.ar to .mploy... d"lInatad by the AuociatiOll to attepd lilY official . Auociation activitl.. held OP other thm echool property. Additiopally, the Board, to the .mDt the u.me ehall not unnuol1lbly interfere with the operattop of the Board"lChooll)'ltlm, mall, upon the Auociatiop', writtep requ.1t to the Board, II'IIlt up to flve (6) .mploy.. day. ofr with pay each ,chool year to .mploye.. d.lipated by the Auociatiop to attend my offtcialAuociation activiti., held OP othertlw1.chool property. For nob addittOllal day., th. AalOCiatlop ,halJ pay to the Board a amount or mon.y equal the amount uplpded by the Board in acquirln,.ub,tttute employ... for aaid additiolla1 daY'. Th. Board ,hall aubmit aatatam.nt to th. Aal00iatiop for lUoh amount, ad th. Auociation Iball make paym.pt within thirty (80) da)'l ofth. aubmillion or ,uoh atatam.nt. The AalOCiatton', written nqullt or nqullta, II appropriate, ehall be Jiven to th. Board Dot 1.11 tlw111V1n (7) daY' prior to tha time auoh time otril nqullted to oomm.nCl, ehall ol.arly Icl.ntity th. .mployee or .mploy.., to be rel.ued, .hallatate th. day or daY' for wbich time otril required ad .hallatate the apecUlc location of the activity. Sa66oHeaIIAo.,.. 1.01 Sabbatical leave. .ball be JOVII'D.d II provid.d in th. P'nDlYlvaDia Publio Scbool c.'AId. flf 1849, II am.nd.d. 2 .a.r.a......, .1"""""flJale Family I.OJ AD employee abient from duty becaUH ofth. d.ath oIa m.mber ofth. imm.dlate bUy ot laid employ...hall be .ntitled to tour (4) acbool oya'lea'" with pay touuch NUOn, AD employee may nqullt the Board'. SuperiDtendent or other delJp.. tor flve (15) achool odaya 01 abltnce ~reWlder. Membere otthelmmedlate tamily.ball be d.ftDed u the parent, .ppmnt, brotber, IdIter. child, .tepchild,lpOlIIt, pmnt-iD.l.w otllid .mploy.., or a n.ar relativ. otllid .mploy.. (udeftDed in Sectlon 8.08) who ruid.. iD th'lIm. bOUMbold otllid omployee or any ,.flCln witb whom llid employee hu made h1I bome. BtrJ_UIINIII. N.",. .1aIiu. 1 '.08 AD .mplO)'lt abient trom duty becaUlt otthe death oIa n.ar rel.tlve oIufd .mployeemall be ntitl.d to on. machool d.y otle.ve on the d.yotthe ftm.ral ofufd nurreJatlve. An.arrel.tive ahaII be deftned u . Jl'andcblld. ftret collliD, Jl'lDdf.ther, l1'andmoth.r. aunt, uncle, niece, Dlph.w.lOn-iD.l.w. d'\1&'bter-iD.l.w, brother.iD-law, or lilter.in-l.w. ~., .PGylrWb' . '.04 Bereav.m.nt compenaatlon .ball be paid in the lime time ad manner.. compenaation . would have been paid tor the lime period had the employ.. concerned actually 'llIIltd in the . performance ot hi. duti... m..... orad I",",., '.01 AD employee who lJ prevented by illnes. (whicb .hall include cIlIability re.u1tme from prel'Dancy) or .ccidental ~ury from followlne hi. or ber OCCUp.tion .ball receive u pay for eacb d'Yflf.b.ence, up to ten (10) d.y.in tbe acbOoI year in wblch the illne.. or .ccidental ~ury OCCUl'l, the lime wli' paymentuaid .mploy.. would bave received had llid employee .ctually performed hlJ or ber dutie. durin,lIid period. . No w.,e. ehall be paid. howlver. if'the'ccidental ~ury preventlq the employ.. from tollowlne hia or ber occup.tion .ball h.ve been inCll1lTed while the .mployee wu en'lied in remunerative work unrel.ted to achool duti... ADy unUlfJd portion of the aforuaid ten (10) day llbaence period m.y be accumul.ted in the Board'. echool. diltrict from year to y.ar. Sucb abeence time with pay u may have been accumulated iD the Board'. echool cIiItrlct m.y be .pplied in anyone or more .ubltquent echool ,.anm the event the employ..lJ prevented by illn... or accidental ~ury from toUowinJ hlJ or h.r oacupation. Accumul.ted alck le.v. from other cIiItrlcte m.y be trl.Dlf'.rred into the Board'e acbool cIiItrlct u provided iD the PenneylvaDia Public Scbool Cod. 011949, u amend.d. ID.ddltion to the afore.aid ten (10) day .bllnce period, Illy employ..m llid .mploy.... ftret 01' IICODd year of employment u a te.ch.r in the public achool. ot the Commonwealth of ' PIDDI11vanla who aball have ub.utted llid .mploy.... .ccumul.ted alck leave thro\1&'b bem, prevented by mu... or accidental ~ury from followm, blJ or her occupation and who further lJ prevented by mue.. or .ccidental ~ury from tollCl'fl'iq blJ or b.r occup.tion. aballreceive up to flve (5) .ddltional d.ya oIpaid .bllnce in the relJllctlve 1Cb001 yeare and abaI1 not be .ocumulated, it bem,themtention of the partie. that abltnce occuioned bymu... or 'ccidental ~ury mall ftrlt beeblJ'led alralnat thOll daY' which are available for accumulation u provided iD theP.nneylvaDia Public School Code 011949. u lDIended. On the flrat .ctual work day ofe.cb work year, the Board to tb. .xtent it NUOnebly lJ able 10 to do, .hall advlee .aeb employee oftbe number of accumulated unUHd daya of abe.nce had by neb emploYII u of the precedln, June 80. The Board may require any employ.. who baa bad more than four (4) abeenCtl iD a ecbool . ,.., to fumi.h . pbyalcllll'. certiflcete certlfYllIJ that iDD... or allllid.ntall.uury prevented th. employ.. from foUowiDJ hi. or h.r occupatJon durlllJ the peri~ for which compenlltion I. requllted by reuon ohuch an ev.nt. For purpo... oftbl. pararrapb, an abllnet ofcolIMcutiv. day. .ball be eorlIld.red on. abllnce. FuaU)' ad MecUoallAave Act (ll'MLA) Leave ~ I I) ~. [ " t 1.08 A. D.lIllitin'l. (1) Employ... wbo h.v. worked for the Di.trict fora total of12 monthund hav. worked at I.ut 1260 houre durlDl the 12 month peri~ preceding th. comm.ncem.nt ofth.l.av. peri~ thall be .1I&ibl. for a total of up to 12 cal.ndar w..ka ofunpaid family and m.dicallllv, per year for th. folio.: (a) birth ofth. .mploy.... child; (b) pl.cement of a child with the .mploy.. for adoption or fo.ter care; (e) wh.n th. .mploy.. " n..d.d to care for a child, 'POUlt, or parent with a ..rioue h.alth conditJon: (d) wb.n th. .mployeels unable to perform the functiona ofbi. or h.r poaitlon becaue. of a ..rioue h.alth condition. (2) A llrioue h.alth conditJon i. d.fin.d pursuant to Section 101(11) of th. F.deral Family and M.dical Leav. Act and the Federal regulation. promulgated thereunder at 29 C. F. R. . 826.114. (3) Tbe .ntitl.ment to IlIv. pureuant to paragrapha A(lXa) and A( 1)(b) above .ball expire at the end of'th. tw.lv. month peri~ beginning on the date ohuch birth or placement. The .ntltlement to leave pursuant to paralfl'apb.1(e) and 1(d) above .hall expire at the end of the 12 month peri~ beginning on th. Brat day that I.ave i. utilized. (.) Intermittent leave wlll be provided where medically nece.sary pureuant tosub..ction. (c) and (d) of .ubparagrapb A(1) above. Intermittent leave may be provided at the discretion of the District pUl'lluant to pararraphs1(a) and 1(b) only where approved In writing by the District. If intermittent , I.av. i. utl1lz.d, It may not be utilized in leas than one-half day incremente bued upon 7.5 hour teach.r day. (5) If .ither intermittent IlIve or concurrent leave due to planned medical treatment under .ub.ections (e) and (d) of subparagraph lis requested, and the employ.. would be on IlIve for greater than 20 percent ofth. total number of working day. In the period durlna'wbich th.leav. would .xtend, the D1etrlct may require that .ucb .mployee elect either: (a) to take leave f'or peri~. of'. particular dur.tIon. not to .xceed the duration of the plann.d m.dical treatment; or (b) to trlJllf.r temporarily to an availabl. a1ternativ. position offered by the employer f'or which th. .mployee it qualified, and that (I) hu .quival.nt pay and beneflte; and (iI) better accomm~ate. recurring periodl oflllve than th. regular .mployment poaltion of the .mployee. Thi. provision shall apply only if' an .mployee comm.nCl~ unpaid FMLA IlIve.it .hall not apply where an employ.. utlliz.. .Ick or perlOlI.II..ve concurr.ntly with FMLA IlIve. (6) Where an .mployeel. ell&ible f'or IlIve pureuant to paragr.pba A(1Xa) above. the .mployee may .Iect to utilize up to ten days of' .Ick leave that will not be counted II part ofth. .mployee'a 12 week FMLA .ntltlem.nt. If the employee I. .li&ible for more than ten daya ofalck IlIve, pur.uant to ArtIcle 8.05 of this CBA, remaining lick leave muet be utilized a. part of employ..'. 12 w..k FMLA entitl.m.nt during the peri~ of dil8blUty after birth u verified by the .mploy.... pby.lei.n. 8ubiequ.nt to th. peri~ of di..billty after birth. if the .mploy.. .Iect. to continue on I.ave, all pereonallllv, daY' accrued und.r Article 8,08 oftbi. CBA muet then be utlJjzed a. partof'the 12 week FMLA .ntitl.ment. The Diatrict .hall then be obligated to provide u unpaid FMLA I.av. only the difference, if' any, betw..n the amount of paid IlIve utilized and th. .mploy..'a remainllllannual .ntJtl.m.nt to FMLA leave. (7) Wh.re an employee i. eligible for leave pureuant to paragraph. (1)(b) and (e) above and the .mploy.. it eligible f'or peruonalleave d.ya purauant to Articl. 8.08 oftbla CBA, the .mployee mutt 4 atWIt the penonalleav. daY' am and th. DJ.triat .ball be obll,.ted to provide U Wlpald FMLA I.av. ollly the dlft'.rence, if' any, between the amoWlt or penonall.ave day. and th. .mploy..'. rem-l"ln, annual.ntltl.ment to FMLA I.ave. (8) Wh.re an .mploy..l. elllible for FMLA 1.lve purauant to par.aph (l)(d) above, th. .mploy.. may elect to utlll.e up to ten day. of.lck leave that will not be coWlted a. part of the .mploy..'a tw.lve (12) week FMLA entitlement. If the .mploy..l. .lllible for more than ten dlY' ohlck I.av. or any penonalleav. daya pureuant to Articlll 8,06 and 8.08 of thi. CBA, the .mployee muat utill.e remainilllalck leave and .ub'llIuently th.reto any remalnlna penonalleave day. U part ofhlalber twelv. (12) week FMLA. entitlement; the Di.trlct .hall be oblllated to provId. u FMLA leave only the dlfference,lfany, between the amoWltofpald IlIve and the employee'. remalnin,aMual.ntitlement to FMLA leave. (9) After an .mployee hu utill.ed ten dly.of .Ick IIIV', .Ither concumtntly or Intermittently for I eerloua h.a1th condition, the Di.trict mlY pllce the employee on FMLA le.ve even IfFMLA IlIve ha. Dot been requllted by the employee. (10) In the event that .pouall are employed by the Di.trict, the a'Sfe,ate number ofweeka ofleave to which both are entitled i.lIm1ted to twelve (12) w..b except for leave taken Wlder .ub.ection (c) or (d) of .l1bparalfaph A(l) above. B. Emol~mltnt a.nd B~tlI!fit. Prot~etion Whil~ on ua.lJI!. (1) If,at the conclualon of the leave aet forth above, thejob held by the employ.. before ,olng on family and mecllcalI.aveI. avallable, the Board .hall offer the employ.. that po.ltion. If auch job I. not vacant and avalllble, the Board Ihall offer the emJlloyee any other available po.itlon within the bargaining unit for which the employee I. qualified Wltil such time II the Board rellonably can offer the employee the job the employee held before '01111 on FMLA IlIve, or a job .ub.tentially .lmIlar to the previou. job. (2) The followin, re.trlctioDl on return apply: (a) Where the employee belin.lllve, pureuant to eub.ection. (a) throllih (d)ofparalfaph A( 1) above, more than five (6) weeke prior to th<ll end of the eemllter, the leave I. areater than three (8) weeka In duration, and the employee's return would take place durin, the lilt three (8) w..ka of the aemllter, tho Di.trIct may ellercleo lte di.cretion to require the employee to wait to return Wlttl the belinnin, of the next IImllter. (b) If the employ.. belin.lllve, purlluant to '\IbllctioDl (a) throu,h (c) ofparalfaph (1) above, Ie.. than flve (6) w..b before the end of the aemester, theleavel'lI'Iater than two (2) WilD, and the employee'. return would take place during the lalt two (2) w..ka of the aeme.ter, the Di.trlct may Illereill lte dllCrltlon to require the employee to wait to return until the belinnln, of the next ..m.llter. (c) If the employee be"nalllve, pureuant to '\lblection. (a) throllih (c) ofparalfaph (1) above, Ie.. than three (8) wllb before the end of the aemllter and the leave IIlI'Ilter than five (6) working dlYl, the District m"y exerel.. lte dllCrltion to require the employee to walt to return until the be,innin, of the next IImllter. (d) At the written requllt of the employee, the Board, In lte IOle dlacretton, will conalder allowinl an employee to extend IlIve Wlttl the commencement of the nlllt aemllter at employee IllpIDIfI. (8) The DI.trIct .hall maintain life In.urance and IfOUP health covera,elncludlna m~or medical, dental, prelCription, q, and vi.lon inlurance for the employee while the employee II on leave pureuant to thI. Article. The Di.trlct .hall hive no obll,ation to maintain other ben.flte, except that the taking ofl.ave Ihall not re.ulttn the 10.. of any benelite aCCJUed by the employee prior to the date on which the leave commenced. (4) A1thoUlh the taldn, ofleave pureulnt to tbjQ ArtIcle thall not reeult In thelOle ohny beneflte aCCTUed by the employee prior to the date on which the leave commenced, benefit .ntttlementa baaed upon leoath ohervice will be calculated a. of the lilt paid work day prior to the etart of the wlpald 5 lea.. or abHncel.lld win not ICClJ'III durlnr the period or unpaid In.., (II) ID the .v.nt the .mploy.. fail,. to return to work, the .mploy.r may I'ICOver the premium th.t the Board paid for maintainln. cov.ra.. for the .mploy.. under the hlllth can pl&lll dwirllJ the unpaid I..v. untlla the .mploy.. fail. to return due to clrcum.tlnct. beyond the control of the employ..lncludillJ' contlnu.tlon, rtCUmnct or Ol\llt of. _rioue h..lth condition th.hntltlll the employ.. to l.aVl under .ubparqraph 9 (c) and A(1)(.) .bov.. C. Nntw llnd C_l1iflMtltln. (1) In CUll where the nlCe..lty onllve I. fore....bl. bINd on .n IIpICltId birth or placem.nt of. child, the .mploy.. .hall provld. the D1.trlet with not I... than 80 day.' notice before the date the leav. II to belin, IItcept that, it the date of th. birth or placem.nt requinll..v. to belln in I... than 80 day., the .mploy.. .ball provide .uch notice u II practicable. (I) ID cue. where the necentty of medical leave I. bued on plann.d medical treatm.nt, the employ.. .hall make a rellOnable .ffort not to unduly d1.rupt thl oper.tlolII of th. DI.trict. Furth.rmore, the employ.. .hall provide the D1.trict with not I... than 80 day.' notlc. before the daw the leav.l. to belin, 'Jcept that l(the date of treatment require.lllv, to belln In I... than 80 daY', the .mploy.. .hall provide .uch notice u I. practicable. (8) An .mploy.. requlltln.lllve pureuant to Para/rl'.phl (l)(c) and (1)(d) of thie Polley may be req\lired to prelent to bielher .upervl.or a written .tatement by bielher health care provider al to thl elate the medical condition commenced, the duratllln, the nece..lty for the I.av., and the .mployee'.lnabillty to perform hielher job function. (If applicable). In the cue ofintermltllnt leave for plann.d m.dical treatment, the certiflc.tlon .hould additionally provide the tehedule for tre.tment and a ltatement of the medical neee..lty for an Intermittent or reduced ICbedule leave. (4) '!'be Di.trlet need not ...ume that an employ..'. .tatement or hielher pby.leian'. .tetement ..tabU.bll medical need conclu.lvely, but may require a review .nd .umlnatlon by. phy.iel.n , ..Ieated by the Di.trict at IChool dietrict llpellle. In the event the two opinion. do not coincide, then the .mployee and the Di.trict .hall mutually a/rl'e" upon the opinion of an impartial third pbylician, .t the D1ltrlct'. llpenee. bleDded AbHDce a.07 (a) There .hall be two (2) type. ofeltended ab..nce in .dditlon to Family .nd M.di.1 Leave u eet forth In Article 8,06 .bove. Tbl. article.ovemln.extended ab..nce cove" only abunc.. taken after upiratlon of an .mploy..'. lick IIIIVI, eabbatlcal leave .nd Fllnlly and M.dial Leave .ntlUem.nt u eet forth .bove. (I)Iaoapaclt)' -Ifany employee h.. eJhaUlted all.uch employee'. .ick IlIve and Family and M.dical Le.ve, b.. no ..bbatlcalleave available and .aid employee lI.blent from work becaun of the lIlnea. (which .hallinclude di.abllity reeultln,from prelDancy) of or l!\lury to .aid .mploy.., the Board .hall, non.thele.., retain .uch .mployee u an omployee, without payor other btnetlte, for. period Of'lP to one (1) Yllr .ubeequent to the eJhau.tion ofthe employ..'. .Ick IlIve and Family .nd Medical Leave. An individu.1 employee'. entitlement to Extended AhHnce for incapacity .hall be determined by deductillJ the amount of unpaid Family IUId M.dicallllve utilized by the employee from the on. year period. (li)ChUd ReariD,- An employee who dill.lre. to be abient from .mploym.nt with the Board imm.diately .ubHquent to the birth or adoption of a eblld for. period lonpr than allow.d pureuant to the Family and Medical Le.ve provl.iolll lit forth in Article 8.06 .h.lI within the ell (6) ""..k period immediately wbeequent to wch birth (uid. from beln, unable to return becauuofdleabillty ruultin, from prelDancy) or .doption, notify the Board in writln. of .ueh d.lire. To the extent rellOnably pollible, thumployee .hallllve the Bo.rd not I... than two (2) weeo notJll~ In writin, of the d.te upon which .uch .beenceie to commence. If the employee hu eati.tI.d the foreroln, requiremente, the Board .hall permit .uch an .mployee to be abllnt from work for up to.lK (6) 6 OODlllll1t1ve montha .fter .zplratloll of Family and M.dlea1lAav. u ..t forth in Article 8,06. An individual .mploy..'. .ntltl.m.nt to EKttnd.d AbtenCl for child NarllII .hall be d.termln.d by dtcluctflllth. amount of unpaid Family and M.dlcal Leav. utlllzed by the .mploy.. from tb..1x (6) month period. (b) Ibttnd.d abtenett .hall be JOv.mtcl b)' th.. followllll oondltlona: (I) An .mploy" I. .Ilarlbl. ror .Kttnd.d abatllCl oaly after .ahaUltlon or all oth.r type. or appllcabl. I.av. includlaa .Ick lei v,, ubbatlcall..ve, and Family and M.dlctlllAav. U Nt forth above. (lOAn .mployee who dllIN' to Ntum to work at the elJllratlon ofhl. or her elttnd.d ab..nce, or who dlllrt. to reqUllt ~ .lttnalon ofth.luv., or who wI.h.. to termln.te .mploym.nt, where poealbl., .haUllv, the Board written DOtica ofauch dlllN not III' than .lzty (80) day. prior to the .xplratlon of.uch abatnet. No oth.r Ntum date I. .cc.pteble without prior written .pproval by the Board. At the .mployoe'. written reqUllt, and at the Board'. .ole dlaoretlon, th. .mnded ab.ence period could be altertd. Any .uch alteration of an .mnded abltnet period .hall be .ubject to the IIID. term. .nd condition. u the eKttnded ab..nce Ita.lf. (W) Th. Board, In oll'.rilll rtlnatetem.nt to an 'lIIplo)'le who properly hu appU.d ther.for., .hall ofl'er .ald employe. the job the employ.. held before ,oln, on eKttnded ab.ence, It .uch job I. vacant and avallable, lfauchjob I. not vacant and available, the Board .hall oll'.r tald employ.e any other avall.bl. po.ltlon within the bar,alnlna unit for which the employee I. quaUfI.d until .uch tlm. u the Board rtuonably can offer the .mployee the job the employee held before aolna on .Kttnded .b..nce, or a job .ub.tentl.lly .Imilar to .ald prevloUljob. (Iv) An Employltaranted an eKttnd.d abll.nce (or hu an emnd.d ab..ne. furth.r emnded by the Bo.rd) .hall neither be pald nor .ecru. .ny .eniority ,lon,.vity, peDllon, retirement, medical or other benetlte durlna .uch abltnce, except u may be rtqulrod by I.w; further, an emnded ab.ence I.ball not be counted II "employed time" for purpo... of computin, pay Inert...., ulary .tep, Ntlnment, etc, Provided, however, an .mployee who ha. been employed and worked for nlnety (90) or mort .tudent day. and hu been ~ald wa/l'" therefore (i.e., tho.. qualllYilll u .tudent day. for purpoae. of caUlina the .ehool di.trict to .atl.ty Penn.ylvanla law. and rt/l'lllatlon. rtiardin, .tudent attendance) durina a achool year In which .ald .mployee I. &Tanted an .mnded abeence .hall blve .uch .chool year counted for purpo... of lonaevity u relate. to pay iner...... Provided, further, an .mployee who ha. be.n employ.d and worked for Ie.. than nlnety (90) ltudent d.y. durillla .chool year In which .ald employee i. &Tanted .n extended abtence .hall, upon rtturnlna to work, not be pald a lower Wllae th.lI.ald employee wu receivlna at the commencem.nt ohald employee'. extended abltnce, but, inltead ehall be placed on the .alary or waa' .tep which mo.t cloltly equel. the ",aa' .ald employee wa. rtctlvina at the commencem.nt of IIld extended abeenceeven thol1ih .uch .tep may In fact be e lower .tep than th. employee previoUlly enjoyed, An .mployee who I. aranted and rttuma to work Immediately upon the expiration of an .Kttnded abeenceehallrttaln the "..bbatical" .tetua (accumulated yeart of tervice) lind .ccumulated alck leave the employee enjoyed at the comm.ncem.nt of the extended .bltnc.. (c) To the emnt permltted by the cerrier of the then current plan, Itany, an employee on.n eKttnded abatnce mey continue medicallbo.pltel, dental, vi.ion and lIfelll.urance covera.. by paylnr the co.t thereof in .dvance to the Board at .uch time or tlm.. u the Board .hall direct. Uthe Board .Iecta to provld. all or part of .uch beneflta throu,h third party admlnl.tr.tlon, dirtct rtbnbur..m.nt or IOme other Board funded m.chanl.m, an employee on an eKttnded abltllce m.y continue to partlclpate In .uch proaram by paylna In advance a pro rate .har. of the coat ohuch pro&Tam with the pro rate .har. beln, d.termined by dlvidina the totel annual co.t (or projected 'Mual co.t, a. the cue m.y be) by the number of.mployee.ln the baraalnlna unlt. Irth. .mploy.. fall. to make any paym.nt by the due date Itt by the Board, both the .mployee and the Auoolation .h.1l be notified or .uch fallure. Fallurt by the employ.. to make payment to the Board within ftftttn (15) day. of Hid notlet automaticelly .hall termlnate any further ri,ht of the employ.. (or d.pend.nte) to partlclpate In the proarlDl. 7 Perworaal z..oo. '.08 Eachemployee .haU be lI'anted not more than two (2) day. ofab..nce with pay each achool year for perlOnal realOn. (peraonalleave) in the manner hereinafter..t forth. Peraona1leave may bllceumulated to a muimum offour(4)daya. PerlOna1leavuccumulated in exce.. offour (4) day. ahall .xpire and .ball not be paid for. Ihq....." GIld Control of P.,..oIUJI uaw '.08 Employee. .hall requ".t perlonall..ve in wrltina at le88t five (5) daya prior to the date of the leave de.ired on the PerlOnnel Ablence Rtlqueet Form to be provided bytbe Board and available tbrollih the Board'. buDdina principal.. The Board may waive tbe five (5) day period af'oruaid if, in tbe Bosrd"lOle diacretion, tbe employee wu unable to comply with .aid five (5) day requirement because ofan emerrency beyond tbe employee'. control. Per.onalleave .bould be taken only a full day at a time, with requllta for Ie.. tban an entire day to be conaldered on a discretionary ba.is by the Board. Thefonn aball be dated, .ball clearly desianate the day or day. for whicb the ab.ence II requeatfld, and .ball be .ianed by the employee makina tbe requllt. A copy of oid form II attacbed hereto u Appendix "A,8 The Board m.y re.trict the number of employeel ta1dna peraonal leavo per day to the foUowina percentaael for the area. indicated: (a) Fc.ur percent (4%) of the number ofemployees in the bargaining unit: (b) Fourteen percent (14%) of the number of employe(,. in a ~uilding; (c) Thirty-five percent (35%) of the employee. in each department of two or more employees, with numbere over half to be rounded up to the next nearelt whole number. Per.onalleave ahall not be lI'anted: (d) On the first three (3) and the lalt two (2) days of .tudent attendance dl1l'ina the .chool . tenn: (e) During any "in.service" day; (0 For more than two (2) consecutive work day. unless advance notice of a minimum of thirty (80) days is aiven by .ubmittal of the Personnel Absence Request Fonn. However, not more than two (2) coneecutive personal day. may be approved on any day(s) immediately preceding or . foUowina a .cheduled holiday on which .tudenta do not attend school: (a) Durina any period oftlme devoted to .taff curriculum or other non-.tudent development (auch u parent conference day., "Act 80 days," profeeaional development, etc.); (h) On any day on which a field trip has been .cheduled for which the employee is uaigned aupervisory or other duties related to the field trip; (OOn any day(s) on which the teacher is .cheduled by the adminlltration to admini.ter his! her mid-year or final examlnation(.) to .tudenta. LUJUlh P.riod '.10 Each employee .hall be entitled to a lunch period oftbirty (30) conascutive minutea each school day wblch .hall be free of and uninterrupted by .upervisory or other dutiea. Upon lnfonning hi. or her buDdina principal or aaid principal'. desianee, an employee may leave his or her buDdina durina the employee'. lunch period.Uthe Board determine. that too many amplo)'ees are ab.ent from a buDdina durina a lunch period, the Board may establiah a schedule for lunch time abaence in order to retein adeqUAte peraonnel in tht. buDdina to cover emerpncy lituation.. Prote..lonal A6..nce 1.11 The Board at all times .hall have the ri,ht to reuonably uailD any employee oremployee. to duti.. outside its school di.trict. Additionally, to the extent that employee. mAY d.sire to be 8 UllIn.d to dutl.. outeld. the tchool dl.trlct ror .uch pW"pOlt. III Ittendlne. It prof...lonal mHtinp Ind Itmlnlr., th.y .hlll hlv, the rI,ht to .ubmlt requ..te for .ueh 1I'lrnm.nte to the Board, and the Board willlCCllpt or ~.ot the I'\tqu.at aoeordln,ly. Reimbur..m.nt will be co_tent with Stctjon 9,02. B'-'ItHl O/ffH,. 1.11 An .mploYH .Iected to In omce or I local, .tete or nltionallftUilte ofth. Auoolltion may blv.a on. (I) Y.lr 1.lv. Orlbltne. without p.y to..rv.1n .aid omce, Unleu otherwi.. .p.elfieally lI'antANI by the Board, the .mploy.. .halllcqulr. no teniorlty or othel' benefit durin, laid period. """1 A6HIIN 1.11 Employ... call.d ror Jury duty in I CQurt of record or required under I.ubpoena to live te.tlmony berOrtlny Judicial or Idminlatrltlve tribunal shall be compenaated for the dUTerence bet"'..n the WI'" the .mploy.. would have received h.reunder but for .uch abtence and the Imount"!'Ilv.d ror the performlnce or.ueh obli,ation. Provided, however, thltauch CQmpen.atlon .hlJJ not be p.ld 11th, .ubpoenl relltes to employment ofthe employee other than with the Board or to Iny proce.din,IIlln.t th. BOlrd In which tbe Board hll not .ubpotnaed tbe employee to live teatimorlY. Military B.""o. '.14 . The BOlrd .hlll comply with the requiremente of the laws ortt.~ United Statee and the Oommonw.alth or P.nn.ylvanla ae thllY relate to the treatment of employ... or the Board who are In,I,.d in mUltery "mee. ARTICLE IV . ADDITIONAL CONTRACTS AND ASSIGNMENTS lrulllJ'duol COlllratIl. 4.00 Th. BOlrd .hall enter into I "parlte individual CQntraet with each of ita employeee clUlltled I' I profeulonal employee under the Penn.ylvania Public School Code of 1949, ae Im.nd.d, ",ho b.. compl.ted otitractorlly two (2) yeare of Hrvice in any achool district in the Oommonw.alth of P.nn.ylvlnll. Such individual contract .hall comport with the form required by oid Public School Cod. and .hall be conel.tent with thie CoII.ctive Barraining Aareement. "06 At.,,,.,,..,,,. 4.01 On the tlr.tactual work day of each work year, the Board, to the extent It reltOnably ie able 10 to do, .hall .dvl.. each .mployee or the .mployefl'e .alary etep, .alary on echedule, extra duty UliJDm.nt and .Iltrl duty PlY, Slid Idvlce .hall be in the form marked Appendix MB", attached bllreto Ind m.de put hereof. ""'orI'y ..01 Seniority .hall rel.r to the lenath oftim. an employee hll been CQntinuouely employed ae · rtl\lllr ruJJ.tlm. employee by the Board (which ehall inolude employment with entlti.e merred into or con.oUdlted with the BOlrd) with the employee bavin, the 10ll,eet term of continuoue ..mile hlvin, the mOlt .enlority. Break ofcontinuoUlHrvice .hall be byre.illlltion orterminltion or employm.nt. An .mployee'. IInlorlty .hall be computed from uid employee'. molt recent date o( bIN, Frlotlonll or plrt-tim. ..mce .hall accruflllllnlority on Ipro rata bllie. Employe.. havin, td.nttcal dlte. of hire .hall have ..niority determined amon, th.m by lot. , Complain' AR'1'lCLB V. GRlBVANCB AND ARBl'I'RA.f'lON S.OO A grievance ita complaint by an employ" or employ". ro,ardiDg the. meanm" inter- protation or application of any provilion in thll Collective BalJainina' A,roemllnt, Such lrievance m.y arlIe becaUle of an bonllt dift'erence of opinion, an error in judllllent, an over.l,ht, a milintarpretation or from countlll.other way. in which there wu no intent to caUle a mlIunderltaDding. The Bo:ard and the Auociation e&mlltly dllire that .uch grievance. or dift'erenCel be promptly settled eo that emclent operation of the Board'e .chool ayetem .hall not be interrupted and morale and earninge ofemployeee .hall not be impaired. Accordingly, a procedure for the acijUltment ohny grie\'ance which may ariae II hereinbelow outlined. Con"nued Butl,.... S.OI In the eVllnt of a dllpute or difference, the parties hereto and the employ"e .hall continue to tran.act and carry on their buoinell in the .ame manner a. at the time of wing of the i..ue or luuee in the diepute. Accordingly, grievances shall be handled exclusively through the proce.s hereafter described. Procedure S.02 (a) Step 1 - Any grievance which arieee .hall be presented in writing by or on behalf of the employee to the employee's building principal within five (5) bUline.. day. of the occurrence of the event Jiving riae to the grievance. For purposes of this grievance procedure, the date of the occurrence of the Ilvent giving riee to the grievance shall be the later of the date upon which the event actually occurs or the date upon which the employ" affected know. or reuonably ehould . have known of euch event l)ad the employee exerciaed reuonable diligence. (b) Step 2 -If the grievance properly has been preeented pureuant to Step 1 and, if the matter has not been .atllfactorlly settled within .even (7) business days .ubeequent to the occurrence of the event giving riae to the grievance, either the employee or the Association may present the grievance in writing to the Board's Superintendent (or a replacement "Iected by the Board) not.. later than ten (10) bUliness day. eubeequent to the occurrence of the event Jiving rise to the grievance and attempt to work out a eettlement of the matter. (c) Step 8 .lfthe grievance properly hu been presented pureuant to Stepe 1 and 2 and, if the matter has not been nti.factorlly settled within "venteen (17) businea days lubsequent to the occurrence of the event giving riae to the grievance, either the employee or the Association may prellnt the grievance in writing to the Board of School Directors not later than twenty (20) bUliness daY'.ubaequent to the occurrence of the event riving rise to the grievance and attempt to work out a settlement oithe matter. (d) Step 4 .Iftbe grievance properly hu been presented pUrluant to Steps 1, 2 and 8, and, if the matter hu not been ntllfactorlly eettled within thirty (80) bUlinen days lubllqullnt to the occurrence of the event glvinlJ rill to the grievance, the Aaeociation may lubmit the grievance to arbitration. In .uch event, the Aaeociation ehall notify the Board in writing (letting forth the matter in dllpute) within thirty-flve (85) bUlinel. day. .ubllquent to the occurrence of the event aiving rile to the grievance, that it wilhll to bave the matter prellnted t() an arbitrator.lfwithin forty (40) bUlin"l daYlaublequent to the occurrence of the event riving rile to the grievance the partill have not agreed upon an arbitrator, then either party may. within forty-five (45) bUliness daYI lublequent to the occurrence of the event riving riu to the grievance, requllt the American Arbitration Association to invoke ita procedure for the eelection of an arbitrator to conduct the arbitration in accordance with ite Rulli on Voluntary Labor Arbitration. Tbe Arbitrator Ihall have no power to add to, lubtract from or modUY the terml of thiI Collective Bargainin, Agreement, nor Ihall the Arbitrator have the power to require any act which 10 "ol.t.. th.t I.w or W. CoU.ctlv. BU'.WIII A,reem.nt. The dlCillona ofthe Arbltr.tor .hall be ftrW and blnd.llll upon the Board, the Allocl.tion .nd the employ.... (.) Th. COlt of .rbltr.tion .h.1I be borne .qually by the p.rtle.. (I) TUn. .bft11 be th. ....nc. of thla Jri.vance procedure and, in the event the time limlta h,reln.bove ttt rort.h .... Dot .triotly .dh.red to by the Auocl.tlon and th. l'llpectlve .mploye.. th'll'ltvance ooncem.d .hall be d..med w.lved. . D.y. upon which thl Board'. main olllce iI not open .hall not be conalde...d "bUllne.. days" ADd ahall not be counted fOr plU'pol" of computln, d.y. of .I.paed time in the Jri.vancll pnlOtdure..lfan olllce.t which. Jrievance iI to be preltnted iI c1cted on the date for pre.entatlon, th'll'l.vance may be p.....nted .t the Board'. main .dminiltr.tlve ofllce. (,) UnI... th.l.w .hall oth.rwtlt require, .mploy... .hall not be paid while 'D,.,.d In the p.....nt.aUon ofJri.vanct., nor .hall rrievances be proc...ed durln,.chool hour., re,ardle.. of the employ..'. c.paolty In the Jri.vano. preaent.ation, While an employee mllY prell.nt hi. or h.r own ,"'Vlnet, the Allocl.Uon may be ...preltnted .nd may preHnt ita polltlon .t IIch .tep of the ,".vanc.. Th. Board .hall noUty the AuoclaUon of tht ftlln, of IIch Jri.vance. Exoept for lMHllIlllry witn....., n.lther the AlloclaUon nor the ,".vant .hall be repr...nted by more than ODe ImploYH oth.r than the rriev.nt dwin, a ,".vance preaent.ation. (h) Th.re .hall be no r.pri.al. by either party or .ny employ.. .,.lnlt .ny penon hy rea.on ofluch perlOn'. proper p.rtlclp.tion In . rriev.nce proc.dure. (l) Slttl.menta of Jriev.nc.s shall be In writini, and .hall be 'lined by the part,ies partlolpaUn, th.reln. 0) Forms for UItI In rrievance presentation are marked Appendix .C.I" through .c.a," attaoh.d h....to .nd m.de a part hereof. Aa,oou.tlon Spoll""..n 1.01 The AtIOCI.tlon .hall d..lrnate at leat one .pok..man employed in lIoh .chool building from anIon, the .mployeesin the unit hereinbefore described. The Atsoclatlon shall keep the Board adYiled In writlng.t aU time. orthe nam.. orthe spok..men, The duti.. ofapoktlmen .hall be as foUows: (a) Rao.lpt on behalf of the Auoclatlon of .uch written me..ages and In(ormatlon.as orilinate with .nd .re authorized by the Board; .nd (b) Rapr..entation of employees in the preaentatlon and proceuing of ,"evanc... ARTICLE VI. DISCIPLINE, DISCHARGE AND EVALUATION DlNlaar,., DIt"iplin., Sutptn.ion, and R.pnrrumd '.00 'nIe Employer h.. the right to discipline andlor dilcharge any .mployee for any Clute permitted under the Penn.ylvanla Public School Code of 1949, II amended. 8U1penalon of .mployees shall be effected for any reason permitted by the Public School Code of 1949, II amended. The Employ.r shall not reprimand an .mployee In writing withoutjuet ClUII. BIfIII""" BunlUGtion ..01 The foUowlng.hall apply to employee .valu.tlon: (a) Employee. cov....d by the Public School Code of 1949, II amended, shall be rated only by penon. .uthorlz.d to do 10 thereunder, (b) Any employe.. eval\\sted by . clll.room vi.lt .haU be given a penonal copy of the aluaroom evaluation report. prepared by the evaluator. No .uch ...port. .hall be placed in the employee'. ftle or otherwi.. acted upon without tint offering the employee I conference and, if 11 appropriate under the cinlumltancel, oWerlngluneltioDl torimprov.ment in the .mployee'.work performance. No employee Ihall be r-.quired to .ian an incomplete evaluation tonn. (0) The public adclrt.. eyetem in a building .hall not be the bui. upon which any .mployee .. .valuated or rated, and obeervation of an employee tor .valuation PW'JlOll' .hall be on an open bule, (d) Ob..rvatioDl of employee, conducted during thelut two (2) WHite ofthe r-.JUlar .obool year .haU not be the IllclUlive bui. tor ratin, or evaluation purpo.... Cooperalion 7.00 Any employee i!\lured in the coune ofperfonning hi. or her dutiee immediately .hall report the laDle to the office otthe Board'. Superintendent. The Board will cooperate toward the prompt eett1ement of employee on-the-job injury claima when .uch claima are due and owing, ARTICLE VII. COMPENSATION CLAIMS WorA Bou,., ARTICLE VIII. WORK SCHEDULES 8.00 Except in cue of emergency (which ahall include non-regular arrival or departure of bua trlnlportation for atudents) and aa hereinafter provided, elementary-uaigned teachingemployeea .hall not be required to be on duty more than torty-five (45) minutellonger per day than the period menured by the commencement and tennination of the applicable .chool day. High IOhooland middle achool-a.aigned teachinr employeea ahall not be required to be on duty more than thirty (80) minutea longer per day than the period meaaured by the commencement and termination of the applicable .chool day. The Boarcl ahal1 apportion laid forty-five (45) minutea at elementary time before the commencement of IIchool and/or after the termination of .chool. The Board .ha11 ' apportion eald thirty (30) minutea of high achool and middle achool time before the commencement ot.chool and/orafter the tennination ofechool. Otheremployeesehall report when directed by the Board but .hall not be required to work more houre per week than teaching employeee. Further, withoutextra pay, all employeea, in addition to reporting II atoreeaid, ahalll'f\port tor taculty meetinga held between the houra ot8:00 a.m. and 5:00 p.m. The Board will endeavor to .., rive reuonable Dotice of such meetinga. Twenty.tour (24) houra ahall be preaumed reaaonable DQtice. Shortneaa at notice, however, ahall Dot excUle attendance. All employeea .ponaorlnr etudent activitlea ah.11 report, without extra pay, at thoae timea .uch activitie. are acheduled. Additionally, each employee .hall report tor back-to-.chool nighta at any IOhool at which an employee" ualmed twenty perce,.tum (20%) or more of the employee'a duty time and one 0> night (not extendinr later than 11 o'clock p.m.) of.uch additional .tudent or parent-related duty (includin, chaperoning of .tudent activities) during each .chool year II the Board .halldetermine appropriate. Employeea required to attend more than two (2) back-to-.chool nighte may coDllder thlIellce.a time part othielher contracted in-eervlce time tor that .chool year. Employeee willl..main in their building of primary uaiiDIDenta throughout the work day. Employe.. who are requ~d to travel between buildinga operated by the Board .hall tallow .uch IOhedule or IOhedul.. II are directed by the Board. Plannl,., IY_ 8.01 The Board willlOhedule five (5) planning perioda per week for each employee working a. a teacher. Ineofar u reuonably poIlible the Board .hall.chedule one (I) planning period per day tor eaell employee working II a teacher. At the high IOhool, five (5) of the IOhed\l!ed planning periodl will be of the aame length I. the clUJ period. A planning period .hall be any unueianed .eilDent of time, ftftften (15) minute. or more In 12 lelllth [ezcludiDi the emplojlll'. thirty (80) minute hmcb period), duriq any part of the day whil. th. tmploYllta required to be on duty. Each emploYII .hall be all'orded an ."...,ate ofl1o Ie.. than two hundred (200) minute. . of plan"l"" time Iu IIcb Wlllt oont-001nl,,, !lve (II) ClOmpltte day. or actual fuIJ.ttme .tudent attendance, W'orA rear '.011 Eacb employ.. .ball be under oontr.ct with thl Board each acbool y.ar for a period ofDine and on..half(9 1/2) month',lIid period to commence and terminate.. directed by the Bo.rd. The Board, at itaJ IOle diacretion, may extend the contract period aa to .ome or all employe.. Iu auch iDatance. u it deew de.irable. In the event ohuch exteDlion, emploYII' required to work. d\lrlni the extended period aball receive additional compenlltion for .ueh period to be computlld OD a daily proration of their re.pective compeDlation for the initial nine and one-half(9112) month period. While the initial contractual period .baU be for a period of Dine and one-half(9112) months, employees ahall not be required to work more than the follOwing: 1994-95: 186 days with an additional one (1) day. for ataff development. (Total 187 days) 1995-96: 186 days with an additional two (2) day. for ltaft'development. (Total 188 days) 1996-97: 186 day. with an additional two (2) days for ltaffdevelopment and the equivalent of one (1) additional day in terml ofhoure to be DIed at the di.cretion of the Board to meet n..ds identified by the ~oard. (Tota1188 day. + 7.5 additional hours) rl06 Vocanck, 8.08 The Board .hall notilY the employees of job vacancies occurrin, within the .chool district and will permit the employe.. to indicate a d..ire to occupy any luch vacancy. For purposes of this IIction, the Board .halllive the aforesaid notice by distribution through the achool mail facilities d\lrlni the .cbool year and by po.tin, in each open .chool bUilding durin, non-achool periods, .uch 1/1 the .ummer and vacation lI..onl. Additionally, during .ummer and vacation lea.ons, the Board will mail a copy of the notice to the Asaociation.lfthe AI.ociation determines to advile any eD\ployees of any notice it hu received, it .peclficaUy alfe.. to slmultaneoUlly notify all employees in the bar,aioin, unit. De.ire to occupy a job vacancy may be indicated fora period ofaeven (7)ealendar days after notice it liven by t.he Board either by DIe ofits mail facilities or po.ting 88 the cue may be. While the Board .hall coDlider any indication. filed with it, the Board .hall have the IOle ri,ht to fill a job vacancy. Teachl..., A.""."..,., 8.04 If the Board determine. to chan,e the .ubjet't matter or Jl"adelevel to be tau,ht by a teacher, the Board will endeavor to notilY luch teacher of the chan,. by July 81 of the .ummer precedin, th. chen,e. The Board may make chan,es after July 31, but in luch event promptly ,hall notilY the employee affected by .uch change. Teachl..., Load 8.011 The Board .hall retain the n,ht to determine the workload of each ofite employees. Tbe Board will live llriOl1a con.ideration wherever reasonably po..ible to the balance of the workload amon, the work force. 13 ARTICLE IX . WAGES AND WORlUNG CONDITIONS C""IfoatIOII. aIId Bal.. o( Pay '.00 Emplo)II' .hall be c1...lfttd, where 10 required, purouant to the l'IIQuirementa of the PellJllylvania Pul!llc School Code of 1949, U amended. The ratel of pay for employ... .ubJect to thit OoUectivI BllrralniDi A,retmlnt .hall be u ..t forth in Appendb: "D," attal1hed bereto and mad. a part bereof. Commlncin, with the .chool year blJinnin, on or about September 19711, an employ.. for the plU'pOle ofdetermlnlna wary claulllcatlon. beyond the Muterl Derree which are bued upon hoUJ'l alone, but not to include wary cluliftcatioll.l bued upon araduate derree., an .mployee ahall be .ntitled to credit for rradua~ credit.. earned at a fully accredited lnatitution the croditl ofwhlch are acceptable for Penn.ylvania teacher certiftcation and not counted toward a derree from and after the time the employee bae riven the Board ntiJfaetory evidence ofhavlni earned .uch credita. (a) For ereditl for which aatilfactory evidence of completion haa been fumlahed to the Board on or before October 80 ofthe Iii (6) month period in which earned, the ealary increaae applicable ahall be made retroactive to the commencement of the Ichool year in which reported; and (b) Forcreditl forwhlch latilfactory evidence of completion baa been furnilhed to the Board on or before Marth 80 (but after October 80) of the lill (6) month period in which earned, the wary increue applicable ahall be made retroactive only to the commencement of the aem..ter in which roported. Bftrocurrlculor Pay '.01 Employeel who are aleiilled by the Board to extracurricular activitiel .hall receive , compenaation in addition to that..t forth in Appendix "D," at the annual rate and for the polition8 II aet forth in Appendb: "E," attached hereto and made a part hereof. 7'rallel B,'m6"""""uml '.02 Employeeuequired to use perlOnal vehiclel in the COW'le ofemployment with the Board .hall be reimburaed per Dille traveled at luch mileage rate aa may be excludable or deductible on acoount of automobile travel from the income of the recipient under the Internal Revenue Code and :Jterulation. of the United Statelifallowed by applicable PennsylVania law lind/or rerulatioDl and, if not, at the rate allowed by applicable Pennlylvania law and/or rerulation.. Further. total relmburaement ,ball be calculated to the nearelt whole cent. No penonal vehicleuhall be UIId without prior written permiaaion oftbe Board'. dellinee. The Board may laaue written memoranda to latisty the requirement of prior written penniaaion. EDlPloyees .hall not be required to traDIport Itudenta in their penonal vehlcl... Employeel wbo have received the priorpermlaaion of the Board to be away from the Board'l echool dwtrict in the COW'le of employment with the Board .hall be reimbUl'led for reuonable out- of.pocket .Kpen.... To obtain relmbur..ment for any expenle., an employee .hall be required to .ubmit a voucher on a form approved and provided by the Board, and receipt. for meala, lodaina, raJlatration, tolll, and parkin, feel. The Board shan not reimburee employe.. for w.. or other ltate tIlle. from which the diltrict il exempt. POyPMnt '.08 Wa'.1 .hall be paid every two weeu in cuh or by check, II the Board .han decide. Additionally, upon nlqUllt by an employee, the Board may but .hall not be required to caUte the 14 employ..'. wllea to be d.poalted direct1yto a bank account IIlected by the .mployee, Upon requelt lubmltted In writing to the Board on or before May 15, an employee ma,V receive all wllea due for the achool year in the lut pay of June thereof, The Board at any time after the clOll of Ichoolln June may pay In advance any Willi It deema appropriate, B.lalrwd Bal.. . I.~ No employee Ihall be 81ven a decreue In his pay rate by reuon of the pay ratel eatabllahed In thiI Collectlv. Baraalnlng Arreement. N.w Potlllon. 1.08 Th. Board may, from time to time, create new poeitloDl which carry additional compen.ation with them, In .uoh ev.nt, the Board .hall negotiate with the Aaeoclation u to the rate of compenaatlon. There will be no right to .trike in connection with .uch negotiation. flu Sh.ll.red Annui" 1.08 The Board will continue to accept (by payroll deduction) and make payments from .ald deductioDl to annuity program I but will not be re.ponaible for the manllement of or tax conllquence. attendant to .uch progralM. C,..dll Union 8.07 The Board Ihall continue Its pr~sent payroll deduction plan for the credit union operated in the Board's Ichool di8trict. Each employee Ihall have the rirht to make one OJ deduction authorization In October and April of each school year, An authorization not changed atone of tho I' timel Ihall be pre8umed to continue. TermlnatioDl may be requelted at any time, B4Ilirement Incf!ntille or B'Mf'lt Payment 8.08 (a) A teacher planning to retire may elect to receive either the .arly retirement option, outlined In lubllctlon (b) oftbia paragraph, or luperannuatlon, ouWned in paragraph 9.09, but not both, Whichever option Ia choSln, one hundred twenty.five percent (125%) of the entitled amount may be applied toward payment of health care benefits. The election of health care benefits in lieu ofa cuh payment muat be made purauant to the lame notification conditlona outlined in paragraph 9.08 (b) and paragraph 9.09, a I'Iltirin" employee, inatead of receivinr either the Retirement Incentive or the luperannuation, may elClct In writing (which election Ihall be ftnal) to have the dilltrlct pay hialher individual (not dependent) Blue Cro'l and Blue Shield medicallhOlpital, m~or medical, dental and vilion Inlurance until ale 65. The maximum amount which the Board Ihall be obliged to pay ,however, Ihall be an amount equal to one hundred and twenty-five percent (125%) of the Retirement incentive for which the employee would have been eliaible. The retiring employee may allO elect to allocate a portion of the amount to which hellhe Ia entitled under paragraph 9.08 (b) or paragraph 9.09 toward health care benefits, u herein delcribed, with a partial cuh payout of the remaininr amount In the manner provided by either paragraph 9,08 (b) or paragraph 9.09, (b) To the extent permitted by law, appllcablerovemmental rerutationl and lIencles, full. time employeel in active lerviee who have been employed in the Board'l Ichool diltrict fol' at leut ftf'tetn (15)yearl, who Ihall become eli8lble for retirement benefits II defined In the Public School Employeel Retirement Code and who Ihall, on or before October 1 or the ftrat day of their final academic ..melter, .ubject to the conditionl hereafter lit forth, upon termination. of their 15 IIIlploym.nt by retlrem.nt at the .nd ofth. nmllter for which they have liVln notice, .hallreceive paym.nt ofthe .mount indicated below upon the 30th day of JWle immediately ,ub.equent to the IIIlploy..'. flnalacad.mic IImllter, it beln, undentood that a finalacad.mic aemllter mUlt be alll11l'1JU1u'lIm.lter echedul.d by the Board and not a portion or portion. of eemlltere: (1) For .ach day I'lfunUHd accumulated .Ick IlIv. up to and Includln, 1110 d.y., the retiree will be entitled to I'ICIlve fifty percent (110%) of the then daily .ubatitute rate. (2) For IIch day ofUDuud accumulated .ick leave from 1151 day. to and Includln, 2215 day., the Nttree wllJ lMI.ntltl.d to I'ICIlv. .blty..1x and .lxty..tz hundrtdthe percent (86.88%) ofthe then daily .ub.tttute rate. (8) FOI'lIch day ofUDuud accu."IIulated .Ick leave In elct.. of2215 day., the retiree will be utttled to l'IOIiv. one hundred percent (100%) of the per diem rata at Step 1 (Bachelor'.) oBhe wary echlldule. Ilnotice i. not liven on or before October 1 or the flnt day of the employee'. final academic eemllter, the Board .hall not be required to pay the afore.ald payment but may do .0 If, In the Board'. 101. dlacretton, it la In the Intereet of the district. Upon the livln, of written notice 0: Intentltln to retire IJId the acceptance thereof by the Board, retirement .hall be mandatory. Entitlement to the retirement Incentive or benefit payment ,hall be .ubJect to the follow, conditions: (t) Th. employ... shall retire both from employment by the Board and from aU teaching or employment In the public .chools of PelllUlylvanla which it part of or aftlliated with the Public School Employees Retirement Sy.tem of the Commonwealth of Penn.ylvania or any .uccII.or thereof. (il) The employ.. .hall not be eliilble for or .ubject to disability retirement of any kind. SUJNranrauatioralDi.abllityIWltladrowallracremerat 9.09 Employeee In active eemce who hIve been employed In the Board'. echool dletrlct for at l...t fifteen (16) yean, who .hall become eligible for".uperannulltlon,. "withdrawal,' or "dlaabUity" retirement a. defined In the Public School Employees Retirement Code and who .hall, on or before October 1 or the ftr.t day of their final academic eemeeter, notif'ythe Board In writin, of their Intent .. to retire, .peciflcally identlfyin, the academic eemester which la to be their final academic aemelter, ahall receive a wary Increment computed In the manner hereinafter deecribed but payable after the employee rlvee notice In writln, ofthe employee'. intent to retire, the paymente to be paid In anyone of the followin,: (1) .In,le payment on the lut pay In JUDe of the employee'. ftnal work year; (2) .In,le payment on the Brat pay In January of the calendar year followin, retirementj or (3) equal paymente In June of the la.t pay of the employee's final work year and the ftret pay In January oBbe calendar year followin, retirement. Employees who decide to retire ehould provide notice to the Board a. early u poe.lble. If notlc.. la not liven on or befol'fl October lor the firet day of the employee'. final academic eemeeter, the Board .hall not be required to pay the afore.ald .alary incremElIlt but may do .0 If, in the Board'. .ole dlecretlon, the employee wu unable to live Aid notice. Upon the gtvin, of written notice of intention to retire, which .hall include the deeired method of payment ofeald increment, and the ftcceptance thereof by the Board, retirement .hall be mandatory, The .uperannuationldi.abUltylwlthdrawal increment to be paid hereUDder Ihall be the product obtained by multlplyin, the daily rate of pay for eald employ.. timee the yeara of eemee of laid employee in the Weet Shore School Dlatrlct (I.e. 1.0 z daily rate z yearl . Increment). In addition, for each a,,...,ate of twenty. five (215) day. of lick leave accumulated and verlfted by the dtetrlct at the time of written .ubmittal of Intent to retire, the di.trict IhalJadd one (1) year to the yell'll of ..mce for the purpon of calculatln, the luperannuation. 16 Oraduale Credit Re'mb",...meral '.10 Effective with the commencement of thia A,reement, the Board .hall relmburae each employee who II not otherwiae reimburaed the amount hereinafter indicated for each quallfYinS ll1'aduate credit earned by Aid employee and not counted toward permanent certlftcatlon or otherwiae required by law or repllltlon up to a mulmUDl of twelve (12) in any oneachcol budset year. The followln,.hall be required to qualify a credit for reimburaement: (a) The credit .hall have the prior approval ofthe Board and thereafter .hall be earned at a f\illy accredited in.titution, the credlte of which are acceptable for Pel1l1lylvania teacher certiftcationj (b) Unle.. otherwile amed In writinS by the Board, the credit .hall be in an area in which the employee h.. PelllllYlvania teacher certification; (c) The employee .hall have received a.atilfactory 81'ade for the credit (0 or better)j and (d) Within .Ix (6) months of completion, the employee .hall furnish the Board with utillfactory evidence from the Office of the Re8istrar of the inatitution where the credita were taken of .ucceuful completion of the credit. The employee shall not receive reimbursement for any correepondence courll4lS, audio tape and/or videotape CO\1l'llS, courses televised by commercial or public broadcastlns stations, or any three (3) credit courees ofinstructlon ofless than one (1) week, i.e. five (5) days in duration. The rate of credit reimbursement for credits earned during the term of this Collective Barsainlng Agreement shan be thele88er of the cost or 18 follows: one hundred forty dollars ($l40,00)per credit completed 9/1194 through 8/31195j one hundred eevllnty dollars ($170.00) per credit completed 9/ 1195 throueh 8/31/96j and one hundred ninety dollars ($190.00) per credit completed 9/1196 through 8/31/97. BxempltJry Effort RecolraiHora 8.11 The Board desires to recopize exemplary effort of ita employees throueh awards havins a monetary value. Such awards shall not neceuarlly be cash bonuses but miiht include payment to attend conferences or for .ubstitute pay 10 that the ezemplary teacher miBht be able to benefit from time away from the claesl'OOm for the purpoee of .harins hillher .ucce."s with other employees or pursWnS valuable experiences in other school diatricts or at conferences. Accordinsly, the Board requeste a commitment from the Association to dilCU,II .uch merit arransementa in a meet and discuss atmoaphere, in accordance with the proviaions ofparall1'aph 12.00 herein, with the aim of draftinS a Memorandum renectlni the parties' mutual interest and arreement. ARTICLE X . INSURANCE JledlctJIlBoapfttJI . C",.,.."t Empl... 10.00 For the 1994-95 achool year, the Board .hall pay the current premiUDl co.t for Blue Crou and Blue Shield prevaUins fee coveraee for each employee, with the plan to provide for three hundred .ixty.f1ve (365) day. and non.member hospital coveraie and allO .hall pay the current premium oo.t for $250 per year for an individual and $750 per year for a family deductible major medical inlurance with .aid poup in the lifetime maximum amount of $1,000,000 for .uch employee. Mental care maximum .hall be $10,000 with 80120% inpatient and 50/50% outpatient co-inlurance coverase. Premium. for cove rase for dependente (18 defined by Blue Cro.. and Blue Shield, but to include full time .tudent dependenta to age 25) .hall be paid for by the Board. For the 1995-96achool year. the Board .hall pay the current premium coat for the coveralfe provided that the Board will be permitted to 88lf.fund all major medical claims from $251 to $500, resu1tins in no additional change to major medical coverase for employees. 17 ;... Fortbel998.97ICbool year, allemploy..e covered underlaid plan eball be required to make · oo-paymeDt equal to balttbe amount oftb.lncre..e for bealth care premlume balld on tb. 19911. tB echool year II. b..e year for premium COIte, but not to ezceed twenty.flv. doUan (.2&.00) per month. Such a 1998.97 oo-payment will be required only tf'tbl partl.. are unable to ftnd . meane to maintain health can COIte at tbe 19911.98 level tbrou,h their Joint .froN. The Board l.e hopef'ul that the partie. will ftnd a mealll of reduclnlJ bealth care co.ta durin, the 1994.911 and 19911.98 1Ch001 yeare, without reclucln, cover..., 10 that no additional co-payment will be required of ite employ.... The aloreeald plan ehalllnclude tbe outpatient radiation th.repy rider and ,hall have no deductible on outpatl.nt laboratory etudl... Outpatl.ntaccld.ntand luraery non.m.mber hoepltal OOYIra.. ehall be 80% cov.ra,.. Th. aloreeald cov.ra,. eballlnclud. alcohol rehabilitation, .m.....ncy m.dlcal care within IIV.Dty.two (72) houn, follow.up care to .m.r"DllY accid.nta, outpati.nt inhalation and phYllical thtrapy, all medically acc.pted outpatient diarnoetlc teate, and on. (I) routine pap teat per tw.lv. (12) montb period. The aloreeaid cover.,. aballlnclude outpatient all.rrY teatln" .m.r,.ncy m.dical ear. within IIv.nty.two (72) boura, follow.up eare to .m.r,.ncy accid.nt within lizty (60) daya, outpatient pbyalcal therapy, ch.motberapy, OD' OJ routln. pap teat per twelv. (12) month period and treatm.nt by licelll.d pbyaleal tb.raplate who are .1lrible provld.l'lI. Hom. and office wlte lhall not be cov.red. The aloreeald covera,. Ihalllnclud. Blue Croll occupational therapy, Blu. Cro.a I,..ch therapy, Major M.dical mail order dru, prorram with flv. dollar ($5.00) co-pay, and Blu. Shi.ld Inpatltnt and outpatient reeplratory tb.rapy. lIedlcollBotpltol . Retired Employell . 10.01 To the ntent permitted by tbe carri.r ofth. then current plan, ifany, the retired .mploy.ee ofth. barralnin,unit ahall be permitted to retain medica1lhoapltal covera,. aa m.mbere ofth. unit lrDup until a,. 65 by payin, the co.t th.r.ofln advanc. to tha Board at luch time Dr timee aa the Board Ihall direct. If the .mployee faila to make paym.nt by the due date lit by the Board, both the.mployee and the Aaaociation Ihall be Dotifi.d ofluch failure. Failure by the .mployee to make . payment to the Board within ftfUl.n (15) daya of aald notice automatically ahall terminate any further ri,ht ofth. .mployee (Dr d.pendente) to participate In the prorram. lIedlcallBotptlal . Survt/ltnl Dependent, 10.0J To the eatent permitted by the carrier of the then current plan, It any. the lurvivina' d.pend.nte of a dec...ed employee Ihall continue to have their m.dlclllhoapltal covera,e premluml paid by the Board to the extent beln, paid at the d.ath of the .mployee until .Ither the A\IiU.t 81 nut aucce.dln, the death of the .mployee or the 180th calendar day lucceedln, the death of the .mployee, whlchev.r Ihalll,ter occur. Additionally, to the extent pennltted by the carri.r of the th.n current plan, if any. the aurvlvln, d.pendentll of a dece..ed .mployee .hall. be permitted to retain m.dlca1lholpltal cover... .. member. of the unit lrDup for a period of two (2) yeara immediately follomlJ the aloreaald AUiUlt 81 by payin, the colt thereofln advance to the Board at IUch tim. or timee .. the Board Ihall direct. If the aurvivln, depend.nte fail to make paym.nt by the due date lit by the Board, both the dependente and the Alaoclation Ihall be notified of luch failure. Failure by the d.pend.nte to make paym.nt to the Board within fifte.n (15) daYI ofaald notice automatically Ihall tennlnate any furth.r ri,ht of the dependente to participate In the prorram. JlftllcalI1loep'tal. S...".ruIed B"",,... 10.08 To th. .xtent permitted by the carri.r of the th.n c\lJ'l'ent plan, if any, employ... who are -IUlpended- (on layoft') u d.ftn.d in the P.aaeylvwa Public School Cod. of 1949, u am.nded, Iha11 be permitted to retaJa m.dlcallhOlP.taland Uf.laaurance cov.r.,e by payiaa the coat th.reof in advance to the Board at luch time or tim.. u the Board Ihall direct. 11th. .mploy.. fai!l to make paym.nt by the due date lit by the Board, both the .mploy.. and the AalOClatlon .hall be notified ohuch failure, Failure by the .mploy.. to make paym.nt to the Board within Meen (111) day. of ~d notice autAlmatica1ly Ihall terminate any further rilht of the .mploy.. (or .dapend.nt8) to partlclpate iD the pro,ram. Denial Care 10.04 The Board .hall pay the current premium COlt for Blue Shi.ld Buic Dental OaN Protection or Itt equival.nt for each employ.. and each employee'. dependenta (u defined by Blue Oroll and Blue Shield or an equivalent plan. but to include full time .tudent dependente to lie 211. which equivalent ahall include both third party adminiltratlon and direct reimbUl'llment plan., to include 100 percent VOR (UlUal. cuetomary ,and reuonable) cover.,e for dlalOo.tic, preventive, reltorative. oral 'llI'Ilery, endodontic and periodontic IIr'Vice.. and 110 percent VOR covera,e for 1rin,1. connected Inlay., onl.y., and crown. (none of which I. part of a fixed brld,e or are .pllnted torether). Benefita payable under the Proll'lm .hall be limited to a muimum of $1,000.00 per pel'lOn for ..mce. rend.red in any calendar year. V"'on Care 10.011 The Board .han pay the current premium colteor the PenneYlvania State Employee Benefit TrUlt Villon Oare ProarADl or Itt equivalent (which equivalent .hall iDclude both third party adminiltration and direotreimbUl'llment plllll)foreach employee and ellaibleemployee dependentt to include 100 percent VCR (UlUal, cUltAlmary, and reuonllble) covera,e for examinltion and refraction, .iD,le villon lel1ll', blfoca\lenae., trifoca1lena... contact lena.. (when certified al medlcally n_uary by the treatina phYllclan).and framea (mlJimum a110wance $111 whol..ale). Contact len... not certified u medlcally neeelllry by the treating phy.iclan will be provided only at the benefit level.peclfically lit forth in the plan. BmplO1H Parllclpatlon .14.dlcalIRoepllol, DenIal, V"'on 10.08 The Board .hall deduct a health care ac1mini.trative fee of two dollar. ($2.00) from each w.,e plyment of each ba!'lalnin, unit employee haviria Medlca1lHo.pital cover.,e UDder ..ction 10.00 of thia Conective Baralinina A,reement. Employee. not electin, the dlatrict-provlded MedicallHolpltal UDder Sect.ion 10.00 .hall .0 notify the BUline.. Office. Such prior notiftcation .hall be iD writina. A,,'omold,. ',....raraee 10.07 The Board will continue to mlintaJa -oce.. coveraae- lnaurance for the employee who ill required tAl ute hit private automobUe u tran.portation for a echool function. The plan provided by the Board .hall be .ub.tantlally the lime plan a. wu in eWect for the 1970.71.chool year. The .mploy.... iDdividual inaurance .hall be the first inaurance relled upon in the event of a claim. WorAlINn '. Compen.atlon 10.08 The Board will comply with the 1111' ofPenn.ylvanil in aWording workmen'. compenlltion for amploye... 19 I'MN",Ul'nS'dn IW., 10.08 To the .nent a tuberculin chtlt X-ray 11 required, the Board will make availabl. to the employ.. a Tuberculin Skin Tilt ifth. Board d.termin.. that ..Id te.t il an acceptable alternative 10uch.ltX.r.y. Should a telt in addition to th. Skin T.lt be advilabl., the Board will provide and th. .mploy". at the .mploy"'1 IIJMIDIt, will take the lime. The employ" .ball receive a report of th. ....ulte of .uch tot. U(fIlneul'fMlft 10.10 The Board .hall pay the premium for a term life iDaurance plan ofita aelection withllid plan to provide each emploYH with a $80,000.00 death benelit. ARTICLE Xl. CONFORMITY TO LAW. SAVING CLAUSE Unlawful Pro,,'.'on 11.00 If any provi.ion or the enforcement or performance of any provilion of thit Collective Barrainilll A,reement 11 or .hall at any time be contrary to law, then ,uch proviliotl .hall not be applicable or .nforced or performed, except to the extent permitted by law. If at any time thereafter .uch provilion or ita enforcement or performaDce .hall no longer con1llct with the law, then it shall be dltm.d restored in full force and effect II if it had never been in conflict with the law. "-main'", Pro"b'on 11.01 Ifany provilion ofthi8 Collective Barlaining A,reement or the application of.uch provision . to any perIOD or circumstancee .hall be held invalid, the remainder of tbia Collective Bargaining A,reement or the application of .uch provisioD to other perlODI or circumstancel Ihall not be aft'ected thereby. ARTICLE XII- ASSOCIATION PR1VlLEGES )IN' And D',culI Comm'ttee 11.00 A Meet and DiICI18. Committee shall be continued. Each party Ihall have the right to duiJDate four (4) repreHntativtl to the Mitt and Dilcuu Committee. The parti.. may change their repreaentativlI from time to time. Unle.. the partill otherwiae aaree. the Mitt and Diacua. Committee .hall m..t at l...t each month at a time and place convenient to both prill. The Mitt and Discu.s Committee shall have a chairman who Ihall be re.ponaible for ach.dulinl the m"tinp of the Meet and DiICUlS Committee. Each party Ihall have the ri,ht to duianate alternately the chainnan, commencin, with the execution ofthil Arretment. The initial chainnansball be de.imated by the AaaociatioD, and two (2) months thereafter hia lucee..or .hall be <<lllianated by the Board. The Chair Ihall "rotate" .very two (2) montha, but the incumbent chairman Ihallllrve until the appropriate party delianate. bia suceeuor. Th. purpoae of the M..t and Diacuu Committe. .hall be to mHt and dilcuu matten afI'.ctinr the operation of the West Shore School D1Itrict. The MHt and DiaIcua. Committte, upon m~ority vote ofthe repr.aentativlI in attendance may make .uch recomm.ndationa to the Board II the Meet and Dilcuu Committee .hall d..m appropriate, Th. chairman Ihall conduct the mHtin,1 of the Mitt and DiICUII Committee. Barrainin, unit employee. .hall not perform activitill in conn.ction with the Meet and Diacual Committee d'la'inl work houra nor Ihall they be paid for luab attiviti... M..t!nrl oft.b. 20 Meet ad DlacuI. Committee .ball not be .ch.duled durin, work houre unI... the B~rd l1'antl nlllHCl time to the bl!'1fliDin,llDlt employell. lMol UaleM 11.01 A Llsleon Oommlttee .ball be .tabU.b.d In .ach echool buildln,ln the Board'. .chool dletrlct, Each party .hall have the rliht to dlllJDate one (1) repntllntltlve Cor aachten (10) tlachin, .mploy," or major fraction thereof, up to a total offtve (Ii) reprellntatlvlI per party to the l.Jaieon Committee. The partl.. may chan,e their reprellntatlv'l from time to time. Th. LlaUon Committee .hall mHt at the call of either party at rellOnabl. timea other than durin, the work day, but n.lther party Ihall be required to mHt mont than one time per calendar month. Th. purpoee of the Llallon Oommittee .hall be to meet and diacuel matten aff.ctln, the operation of the ecbool bulldln, for which th. Limon Committee hu been formed. Bulletin Board 11.02 The Board .hall make POltin, Ipace in the d..ilfnated faculty IOIlDM'e of each building avallabl. to the Aeeociatlon for llIe in POlting routine annollDcemebta, but not for .olicitation. for fundi for poUticalactlvitle.. AllannollDcementl mlllt be prellnted to the building Principal prior to poItln,. Mall F,",IIIIi.. 11.08 The Aeeociatloll may make re..onable use of the mll.age distribution facilltill operated by the Board within the .chool diltrict. Such use shall be limited to the IInding of routine announcementl. Material lint throu,h .ald faciliti.. .hall be n.ither critical of nor in oPpolition to the B~rd or any ofitl emploYHI. Copiel of all material di.tributed throlllh the Board', me..age ,facUlties .hall be riven at the time 01' distribution to the bulldin, Principall of the buildings in wblch diatribution II made. Said facilities Ihall not be \lied to make .olicitation for political actlvitlel. Violation of any part of this paragraph .hall Jive the Board the ri,ht thereafter to withdraw the use of .aid facilities from the Ae.ociation for .uch period II the Board deems appropriate, to include a withdrawal for the term of this Collective Bargalnln, Agreement. Un of Roo".. 11.04 Th. Board will .ndeavor when pouible, to make available to the AelOciatlon the use of echool rooll'll for Ae.ociatlon meetings bein, beld after Icbool boure on non-duty time, To obtain the UI8 of a room, the Aeeociation .ball obtain the permll.ion of the Principal of the building concern.d. The Aelociation .hall be relpoDlible for any dama,. cauHd durln,ltI UI8 of .chool facUltlll ad .hall, on .ach CICC&Iloll,l.ave .uch faciliti.. in ,ood order ad repair. Sucb meeting. mall be conducted in an ord.rly fuhlon In th. room deliJDated by the Prlnclpaland .ball not be dilruptiv. of the UI8 of the echool by otben. CompllIMnl"", 7'lcA.,. 11.01 A faculty athl.tic put will be illued to .ach .mploYH, Said pau .halladmit the .mployee ad on. Pllt to athl.tlc .v.ntl b.ld by th. Board'. .tudentl, to the 'Nnt lIating .pace II available . (It heln, undentood that the Board'. .tudentl .ball have priority In attendance), but .hall not admit anyon. to any fund ralaln, ev.nt. Said p..... .hall \)e non-trlDlf.rable. Should a penon other than the .mploy.e use or attempt to use th. .mployee'l P"', th. Board Ihall hav. th. ri,ht to withdraw nld pall for .uch period u th. Board deem. appropriate, to Includ. a withdrawal for th. term oftbla Coll.ctlv. Bar,ainiJI1I Agreem.nt. 21 v.ruU,.. Jlll4'lalne. 11.01 To the .xtent. in the Bcard"Judam.nt,It II realOnably conv.nl.nt 10 to do. the Board ,han maintain v.ndin, machin.. In Ita VariOUl .chool buDdinp. Th. n.t proce.dt from .ald v.ndln, machln.. .hall be uaed for the ben.flt ofth. Board'. .mployee.ln the l'I.pectlv. buDdln,., lIoGnI Jlee"III' 11.07 Th. Board .hall notlf'y th.Aleoclatlon of.uch meetln,. ofth. Board u are open toth. public and Ihall allO provide the Aleoclatlon with a copy of any advanCfl .,.nda which I. to be publicly dlItributed to theextent the .am.1I avanabl.. Further, the Board will provide the ADeoclltlon with I copy of Iny publicly dlItributed mlnut.. of Board meetinp, but .uch copy .hall not have any .ttachmllnta or .xhibita. S'''''''ory Rilla'. 11.08 TIll. Coll.ctiv. Blr,ainlna A,r.em.nt shall not be con.troed to r..trict or d.ny any riahta Jl'anted to blr,ainlna unit .mploy." und.r the Public School Code of 1949. u amended. ARTICLE XIII. EMPLOYER'S RIGHTS Coratrol of Selaool Sy,',m 18,00 Recoanizlna that the .uCCl..ful operation of the Board'. ,chool .y.tem depend. upon the cooperation of the parti" hereto, it .pecifically i. undllrstood and Iift.d that the Board .hall have the exclUlive riaht to .uperviae, manaae and control the operation of ita IChool.y.tern, to Include, , interalio, the riahta to hire, di6lcharae, a.sign, 'Ulpend, transfer, promote, demote, maintain order, efficiency and disciplln., todetennine method., pollcy, equipment, boob, materialll, proce.... and other items to be uled, Job classifications to be .mployed, employee qualifications, workina forces, IChedul.., number of employe" and clu.ification. to be employed, to introduce or dlIcontlnue any prolfam, to subcontract and outeontract or othenrile acquire outtide ..rviCl. and to require employee. to obltrve rules lasued by the Board from time to time not Inconsi.tant with thla Collective BaraaininK Agreement. The foreaoln,.tatement of Board riahu.hall not be deemed to exclude other functions not therein specifically let forth. The Board .hall not exercile any riahta in violation of thi. Collective Baraalnlna A,reement.. The Board .peciflcally retain. the rirht to exereile all powers and righu Jl'anted or not denied to the Board under the law. 'of Pennsylvania (lncludin, the Penn.ylvania Public School Code of 1949, II amended). ARTICLE XlV . SAFETY AND HEALTH Re" Roome 14.00 The Board .hall continue to maintain lIIlitary wllh room. and toilet facUities. .,.ty 14.01 (a) The Board .hall continue to afford all ",uonlble precaution. to protect the h.alth and ufety of'ita employee, during their work. Safety .ppllanc", m.tboda, drill. and inltruction, if required by the Board, .hall be Ultd by th. .mployee.. (b) Unllf. condition, ,hall be imm.diately reported in writin, by the employee concem.d to the PrIncipal ofth. building (or hi. designee) to which .uch employee primarily IIl11ign.d. The Principal (or hi. d..ignee) .hall acknowl.dge ,In writing to the .mploye. receipt of the written 22 report on a copy thereohrithin flve (II) calendar day. of....lvin. the report. (c) Employ.. attendancelhall not be required whenever Itudent attendance II not required btcaun ofinellment wlather. (d) Employeel Ihall be required to abide by lueh pl'OCtlduru u mlY be lltablilhed by the Board for bnpllmlntatlon of Imll'lency procedurel ill the eVlnt of an unUlual IltuaUon, ARTICLE XV . MANAGEMENT WORK SlIJHIrtJg",." P,reo"..., 111.00 While the Bo.vd d..lrel that no blJ'llinin. unit work Iball be done by the Board', aupervilOl'y perlOooel, It Ihall be permllllble for the Board to ualan unit work to IUpervilol'y ptrlOooel when It dllm. the ume approprilte, StriA.., Stc. ARTICLE XVI. LABOR PEACE 18.00 ea) Under no circumltanctl Ihall theAuociation or any employee, indlviduallyorcollectlvely, caUle, permit or take part in any atrike, Iltdown, Ilowdown, pleketin., ltayin, limitation, curtailment or reatrietion of production or interference with work in or about the Board'8 8chool Iy.tem or in the movement of lood., materials or perlOnl in or about the Board'l achool 8Yltem whether from building to building or otherwiae or between the Board'l echoollYltem and any place outside of the Board'l .chooley8tem. Under no circum.tanc...hall the Aaeociatlon oranyemployee ' honor or ref'uee to cro.. any picket line where .uch honoring or ref'ueaJ may dect the operation of the Board'l achool Iy.tem. (b) In the event of the OCcUlTlnce of any activity dllcribed in thi8 Parall'aph, the Aeeoclatlon immedioltely.hall public1ydiaavow .u~h activity, POlt notice at the Board'. .choo!. that .uch action it unauthorized and a violation of thi8 Collective Barlainin. Agreement and order its membera immediately to ceue and d..i8t from luch activity. In the event a pioket line for any caUle .hall be fl8tablilhed at any property of the Board, the Aaeociation, upon requeet of the Board, promptly Ihallll1'Je ita membere to report to work at their Icheduled time notwlthatandin. the exiltenct of luch picket line. ARTICLE XVII. TERMINATION CLAUSE r.rm 17.00 ThiI Collective Barlaining A,reement .han be in full force and effect &om commencement of the ftrat pay period of the achool year beglnnin, on or about September I, 1994, up to and includln. AUlll8t 31, 1997, and Ihall continue In full force and effect from year to year therufter unleu written notice ofdlllre to cancel or terminate thi. CoUectlvo Bargaining Aareement expiree. ARTICLE XVIII. MISCELLANEOUS lhmaruh, PropNah aJUl Wal....,.. 18.00 The Board and the AIIociation acknowledle that durina the ne.otlatlon8 which re.olved In W. Collective Bal'llinini Agreement, .ach had the unlimited riaht and OPportunity to make demand. and propo.a18 with re.pect to any .ubject or matter not removed by law from the area of collective barlalninl and that the under.tandlnl and qreementa arrlved at by the partlee after the elerelle of that ri,ht and opportunity are let forth In WI Collective Barlalnin. A,reement. Therefore, the Board and the Aaaoclation, for the life ofthll Collective Barlalning A,reement,lIeh 23 YOJuntarily aud unqualll1edJywalvel the ri,ht, and eaoh alfell that the other Iball not be obll,ated to bal'lain collectively with ...Ipeot to any lubJeot or matter not lpeolftcaUy ref'md to or covered in thlt Colleotlve Barrlininl A,reement. even tbolllh luoh lubjeot or matter may not have been with the knowleclae or contemplation of.lther or both of the partl.. at the time that they nelotlated or lUOutAld thia A,reement. Equal'" of App'lHIIon 18.01 In the contlDuanOl of the pollcy ..tablithed and maintained by the Board, the BOlrd and the Aaoolatllln a,nte that the proviaioDl of the Colleotive Bar,alnln, A,reomellt ahall apply equally to allempll>YHI cove...d by WI Colleotive Barialnln, A,reement without dllcrlmlnltlon, and in oarryini out their relpective obllgatlon. under WI Collective Bariaintna Ainement neither the Employer nor the Aeeoclation will dilorimlnate .,ainlt any employ.. on account of race, color, national orl;in, 1111, aie, maritalltlltua or haudicap. ParlUJIlnlJGl'dll" 18.02 In the event that any of the provillone of tbe Collective Bariainlni A,reoment Ihall be or become le,ally Invalid or unenforceable euch provisioDlsball be deemed void as ofauch invalidity or unenforceability. Such invalidity or unenforceabUlty Ihall not affect the remainder of the provilloDl of this Collective Ba/iaining Agreement. Should a lubltitute provi.ion be necessary, the Auoclatlon or the Employer Ihall have the right to negotiate for thl8ame. but in no evenhhall the A880ciatlon bave a right to strike. Parl.7Yme f'efUlh",.. 18.03 The Board ma)' continue to employ part-time teachers. The wages and working conditions . of luch teacherl Ihall be determined pursuant to the procedure permitted by the Penn.ylvania Public School Code of 1949. as amended. Summer School, Homebound Inltructton, Ext"nl'on and Supplemental PT'O/V'Gm 1&04 The Employermayoft'erlwnmerschool, homebound inatruction, exten.t.lon andlupplemental prol1'aDIS (to include driver'l education outeide of .cbool hoUl'l) as provided in the Pennsylvania Public Scbool Code of 1949. as amended. Such proaraml Ihall be ,ovemed by aaid Code and .hall not be lubJect to the terma ofthil Collective BargainingAgreement. The foregoingnotwitbatending, the rate of pay for laid lervice Iball be as defined in Appendix "Eo of this Collective Barlalning A,reementfor the period from September 1.1994, through August 31, 1997, with employ... being paid for time actually worked. Employeel required to U8e per8(lnal vehiolel in the courae of preaenting bomebound inatructlon .hall be reimburaed per mile traveled at the rate accepted by the Internal Revenue Service for tax PUrpGIII if allowed by Pennsylvania law and, if not, at tbe rate eatabli.bed by Pennaylvania law with mUeage to be calculated as the Ibortest of: (1) the diatence from the employ.... home to the place of inltruction; or (2) the distance from the eehool within the attendanOl area of the etudent'l residence which ia or, but for lpecialau!inment, would be the eehool attended by the Itudent to the plaCtl of inltruction. Tenure 18.01 Tenure Ihall be controlled by the provisions of the Pennsylvania Public School Code of1949, as amended. 24 ..."" .11.08 Employ... who art unultecl in the 0CIW'11 of their employm.nt promptly .hall report the laID. to th.1r bulJdiq Principal or oth.r immedllte .upervilor. If, II I mutt of Ictlviti.. properly und.rtak.n by an .mploy.. In connection with the ...rciH oUh. .mployee'. dutl.., I criminal chara. or chi"''' Ire brourht ..ain.t the .mploy.. by IOmlOn. oth.r than the Board, and th. .mployee \I Icquitted th.r.of, th. Board .hall pay rellOnlbl. Ittorn.y'. f... Ind court COIta incurred by th. .mployee in th. d.f.DI. of .aid criminal chlJ'lll. For th. purpoee ofthia Mction an .mploy.... "dutl..- .hall be d..med to includ. Ictivitl." uud.rtak.n by .mploy....t "achool.v.n"- bklll' pllce before and Ifter th. Ulualachool day .uch .. athl.tic cont.elta,lIOCW .v.ntl, .tc. StuMllt BlHIllUlHon 11.07 T.achin, employee. .hall have the initial ,.lpoDllbility of d.termiDin, the rrade. and .valuation. IIf .tud.nta. No rrad. or .valuation of a .tud.nt 10 d.termined Ihall be chan,ed without notice to and the offer of a conference with the teachin, .mployee who made the initial d.termination thereof. Notice .hall be by mail to the lut addre'l riven to the diatrlct by the teachiD, .mployee. No S"".titut~ Benefit, 18.08 The benelite aet forth in this Collective Bargaining Agreement .hall be the 'llclulive benefit. available to the employees. Employees .hall not be riven monetary paymenta or other benelite in lieu of the benefite herem provided. lIotliflcotion 18.09 Thi. Collective Bargaining Agreement .hall not be modified m whole or in part 'llcept by an iDltrurnent. in writmg, duly executed by both parties. CaptiOM 18.10 The captiODl, paragraph numbers and indell appearing in thiJ Agreement are inserted only .. I matter of convenience and in no way define, limit, conltrue or describe the acope or intent of luch paragraphl or articls. of thiJ Collective Ba",aining Agreement nor in any ...IY affect this A,reement. lIultiple Counterports 18.11 Thia Collective Bar,lining Agreement may be ellecuted in multiple counterpartl. elch of which, for all purposes, .hall be CODlidered an original. Copies of A,rHlMnt 18.12 The Board, at ita own COlt, Ihall produce copies oftml Coll.ctive Bargaining Agreement. The general diatribution ofthe contract .hall be made to all bar,aining unit employe.. by WSEA through intraschool mail with a cover memorandum jointly signed by the President ofWSEA and the Superintondent of Schools. 15 I ~o~~o~~~~~~~~~~o~oo~~ 1~Ht ~~~~~~~o~o~~~~~~~~~o~ ~~.M~N~~~O~~mm~~~~~~. .. ..... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Hi .~~~m~O~N~M~~~~m~O~NM MMMMMM~...~~...~.~~~~ 2 lhl~ + 1Jri I ~~o~o~~o~oo~oo~~ooooo ~~~~~o~~~o~o~o~o~o~o~ o~m~~~~~..M~NN~~oo~~m , .Q~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .~~~~m~o~N~~~~~~~OO~N MMMM MM~~~.~~~.~.~~~~ il r <'1'1 # ~ ~ ph] "+ 0000000 0 ~ 0 0 0 0 00000000, ~ ~ :I I ,~ ~ ~ ~ ~ 0 U'l 0 U'l 0 U'l 0 I/') 0 I/') 0 I/') 0 I/') 0 1/')1 ~ 1U'l . . M N N ~ ~ 0 0 CI> Cll m m ~ ~ ~ ~ I/') U'l . 1M ." ati Ii ,.: "j oi 0 ..: N N M . ati Ii ,.: Ii oi 0 .: N, MMMMMMM..~.....~..I/')I/')I/') rd S~ ! i~~ ~... ~~ I 000000000000000000000 2' iG ,I/') I/') I/') U'l U'l 0 U'l 0 I/') 0 I/') 0 ~ 0 I/') 0 I/') 0 ~ 0 1/')1 '. M N ... 0 0 Cll Cll m m ~ ~ lQ lQ U'l U'l ~ . M M N M .; .,.;' Ii ,.: "j "j oi 0 ..: N M . ati fI5 ~" m oi 0 ..: NI (/) MMMMMMMM..........I/')U'll/') 'l;) _ ~~ 1 ! ~ O~i!!1 I/') ... + i~lltf I 000000000000000000000 U'lU'll/')~l/')~~~~l/')~U'll/')~U'l~~l/')~~~ OCllm~~~.MN~OCllm~~~.MN~O .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. '" .. .. MM.~~~~CllO~NNM.~~~mCllO~ hfi! MM~MMMMM.......~...U'll/') I !lhIj OOOOQ~OOOOOoooooooooo ~JIU l/')~~~~~~U'l~l/')~U'l~~~U'l~~~~~ lQ~.MN~o~m~~~.MN~o~m~~ i itiZ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. NM.U'l~~mmCllO~NM.U'l~~~mCllO MMMMMMMMM...........I/') i'" '5 101 jl I~ ~NM.l/')~~mCllO~NM.~~~mCllO~ Ii fr .........~.............C\lN Appendix D II WEST SHORE SCHOOL DISTRICT NEGOTIATED EXTRA DUTY ASSIGNMENTS DJSTRJCI' POsmONS DN! NO. PER ON! NO. PER POsmON CLUSTER DISTRlCI' POSmON CLUSTER BLDO Conc.nlons Dlm:tor V14 Depanm.nt Held . WI6 Depanmenl H.ed . Environmenlal Ed. WI6 Buslnell Ed. OepIIlment Held . WI6 Science DttvOl Educel.lOlI TechnolOl)' Ed. Home EcoIIOmlCS Field Hockey COICh . Ubl'll)' Heed 116 I Health Services AIIIstant 1110 I Music Freshman Head 119 1 Divlna Coach 119 Freshman AlIlslanl 1111 I Special Olympics Coord. 1I11 Football Coach - SlIr of Bethlehem IIIII? Hud 112 I AlIlslant liS 6 Freshman 1110 3 SENIOR HIGH SCHOOL POSmONS Oolf Coach 119 I Oymnutlcs Coach - ON! NO. PER Head 116 POSmON CLUSTER B1.OO Assistant 1I11 Indoor Ouard - Coordinator 1110 I An Work Director 1113 Anlstant Coordinator 1112 2 Athletic Equipment Mana,er 1110 Jau Band Director 1110 I Audiovisual Coordinator 1114 Major Play. Bueball Coach. Direclor 119 Head 116 I Buslnus Man.,er illS Assistanl 119 2 Marchln, Unll . Ilukelball Coach. Director 112 I Head Boys 113 I Assistant Dlreclor 118 I Head Olrls 114 I Band Fronl Coord. 1110 I AlIlstant Boys 117 2 Instructional Ass!. 1110 S AIIISlanl Oirls 118 2 Musica' . Freshman Boys 119 I Direclor liS Freshman Olrls 119. I Allociatc Director 1I11 Cheerleadln, . Business Manager 1114 Director 118 I Choreoarapher 1111 Assistant Dlreclor 1I11 2 Instrumental Music 1110 Chorus Dlreclor 1110 I Sound or Lighting Coord. 1114 Clus Dean . Newspaper Director 1112 Freshman 1114 I Orchestra . Sophomore 1114 I Director 1110 Junior 1114 J Assistant Dir ./Middle School 1113 Senior 1I11 I School Store Advisor 1114 AlIlslant Dean illS 3 Soccer Coach. Commencemenl Spkr. Coach 1114 I Head Boys 1/6 I Cms Country Coach 117 I Heed Oirls 116 I Debale . Assistant Boys IIJO 1 Coach 1/10 J Asslslant Olrls 1110 .1 Judae WI6 Vir. Freshman Head IIJO J o.panment Heed . WJ6 Freshman Asslslant 1I11 1 Enallsh Softball Coach. Foreign Langua,e Head 1/6 I Ouldance Assisllnt 119 1 HeallhlPhys. Ed. Speech Coach 1112 1 Mathematics SI..e Crew Mana,er 1/10 I . Social Studies Strength Tralnin, Coach 118 I Studenl Council Advisor 1113 1 Studenl Funds Treuurer 117 I Appendix E cOnlinued... I N.,oIllleel Illltra Duty AIIll11nllntl (conllnued) ....e 2 SENIOR mGH SCHOOL POSmONS (conllnued) ELEMENTARY IlCHOOL POsmONS DIV/ NO, PER DIV/ NO, PER POsmON CLUSTER BUXl POsmON CLUSTER BLDO Swlmmlna/Dlvln, COICh " Senior Teacher. WI6 Head V6 Herman A venue AlIlsllnt 1110 Fllrvlew TIIIIllI Coach. Lower Allen BoYI 119 MI, ZIon Girll 119 ROllmoyne TIICk Coach . Wllhinllon Hel,hu Head BOYI 116 I Head Glrll 116 I OTHER Allllllnl BOYI 1110 2 Allllllnt Oirls 1110 2 DlVi Trainer. !'OSmON CLUSTER Head 112 Allilllnt 115 Adull Education IWI' Fall Sponl 115 Altronomy (20 hralyr, mIX,) 1W17 Winter/Sprin, Spons 118 Homebound Inltrucllon IWI' Volleyball COICh . Summer CWTiculum, Inlervlce, elc, IV/IO Head 119 Summer Llbrlll)' IWI' Alsistant 1112 Summer MUlic Inltruction 1W17 Wnltlin, COICh . Summer Prolfam Instructor V Head 113 I Summer Schoollnltrucllon 1W17 Alllltanl 118 I Monilorin,: prfIpost.$(lhool Freshman 119 2 Ubrlll)', com pUler room, IIc, WI' Yearbook. Inlnlrnurals (I Unit" 40 hours Advisor 1110 Instrucllon) IWI' ,Bullnell Mllla,er 1114 TIPS, servin, on 1V/18 MIDDLE SCHOOL POSmONS DIV/ NO. PER POSmON CLUSTER BLDO Basketball Coach . Hud BOYI 1110 Head Girls 1110 AllIlllnt Boys 1112 Allilllnl Olrls 1112 Depanmenl Head . Science WI6 Major Play Dinctor 1113 SlI,e Mana,er illS Studenl Councll Advisor illS WnllUn, Coach I'" Head 119 Allilllnt 1111 YN/book Advisor 1114 tc,:UIn duty UII Appendix E II i i i i IS IS I I .. . N ~ . ~ ~ ~ ~ U'I ... C ell ell I I I lit ~ ~ . ~ ~ ell ell ell ell .. .. z i I z I I 0 0 E E ell ell 0 0 Q. Do .. .. -- ; ~ ~ ~ ~ e ~ ~ 10 10 ~ ~ l(j l(j t I ~ ~ i ~ ! lit . ell ell I ~ J, ~ ... ell ell ell .. .. .. 8 8 8 8 8. 8. 8. 8. l~~_ !!5! NNNN a: lit 0::... Ill. Ill. . ' . ' . .. . - ~. ::>>: 0: . .. I lull luU ~I I- I I f&f&f&f& 8888 ~ I ! i E ! ---- .. ~ NNC\iN N N N N , a:. m- 1&1. . , 1.:- . lit ~. ::>> . 'el 0: .: lull iuU l . ;--- e, I {J' r.:. r . , I I ,( ("; ( , f;', , () eL, , Li! (' , , I . U. 0:,' l ('j t;,J'l , " j,