HomeMy WebLinkAbout94-02620
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JUN 08 1994
dt.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE SCHOOL DISTRICT,
CIVIL DIVISION
Plaintiff,
No. 94-2620 Equity Term
-vs-
PLAINTIFF'S MOTION FOR
PRELIMINARY INJUNCTION
WEST SHORE EDUCATION
ASSOCIATION,
Defendant,
Filed on behalf of West
Shore School District,
Plaintiff
Counsel of Record for
this Party:
Charles E, Steele
Pa. I.D. 1136583
Nancy A, McCann
Pa, I.D. 1161043
STEELE & HOFFMAN
107 South Street
Harrisburg, PA 17101
(717) 232-2277
.
.
MOTION FOR PRELIMINARY INJUNCTION
Plaintiff requests this Court to issue a preliminary
injunction pursuant to Pa. R,C,P, ~ 1531 and in support
thereof avers the following:
1. On May 16, 1994, plaintiff filed a Complaint in
Equity, a true and correct copy of which is attached hereto
as Exhibit "A," The pleading is verified on personal
knowledge, and in support thereof, seeking, inter alia,
injunctive relief from Defendant's wrongful conduct.
2. As averred in the Complaint in Equity, Defendant
has breached a letter settlement agreement with the
Plaintiff regarding a labor grievance and is now wrongfully
seeking the arbitration of said labor grievance with the
American Arbitration Association as provided for pursuant to
a collective bargaining agreement between the parties.
3. The averments in the Complaint in Equity show that
the Defendant, on behalf of Mr, Samuel Santeusanio, is
continuing to attempt to schedule and proceed with the
arbitration of said labor grievance arising out of the
denial of sick leave benefits which was settled by letter
settlement agreement on April 18, 1994.
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4. For the reasons stated in the verified Complaint,
unless and until Defendant is enjoined from seeking
grievance arbitration, Plaintiff will suffer immediate and
irreparable harm.
5. Plaintiff has no adequate remedy at law.
WHEREFORE, Plaintiff requests that a preliminary
injunction be issued until a final hearing enjoining and
restraining Defendant from taking any further measures in
continuing or advancing the grievance regarding the matter
of Samuel Santeusanio.
Respectfully submitted,
STEEL & HOFFMAN
107 South Street
Harrisburg, PA 17101
(717) 232-2277
Dated: June 2, 1994
,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE SCHOOL DISTRICT,
plaintiff,
-vs-
No. 94-2620 Equity Term
WEST SHORE EDUCATION
ASSOCIATION,
Defendant,
ORDER OF COURT
On the ~ day of June, 1994, it is ordered that a
hearing on Plaintiff's Motion for a Preliminary Injunction
will be held on ~ l\l~ .'}1, IqqlL, at 1J.L 0' clocko.~m, b~[~le
..thg liens I!IlI8 1 E! in Court Room ..1C. of the
Court House, Carlisle, Pennsylvania. Plaintiff will
immediately serve a copy of this Order, together with a copy
of the Motion and Order upon Defendant or their counsel~ ~Jt.
~~
. ij
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/I..)
J.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE SCHOOL DISTRICT,
Plaintiff,
-vs-
No. 94-2620 Equity Term
WEST SHORE EDUCATION
ASSOCIATION,
Defendant.
ORDER OF COURT
AND NOW, on this
day of June, 1994, upon
consideration of Plaintiff's Complaint in Equity and Motion
for Preliminary Injunction, it appearing that Defendant had
notice of the time and date upon which this Court would
consider this motion, and after hearing thereof, it is
hereby ordered that Defendant is enjoined and restrained
until final hearing and thereafter until further Order of
Court from continuing, advancing, or participating in any
grievance arbitrations regarding Samuel Santeusanio.
BY THE COURT:
J.
. ,
,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
Motion for Preliminary Injunction has been served upon all
counsel of record via first class, U.S. mail, postage
prepaid this 2nd day of June, 1994, addressed as follows:
Thomas W. Scott, Esquire
Killian & Gephart
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
Na
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL DIVISION
NOTICE TO DEFEND
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so
the case may proceed without you and a judgment may be
entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or
property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
C/O COURT ADMINISTRATOR
CUMBERLAND COUNTY COURT HOUSE
4TH FLOOR, ONE COURT HOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE SCHOOL DISTRICT,
CIVIL DIVISION
Plaintiff,
-vs-
No. rt'/- .:1.(,.)0 ~ ~~
WEST SHORE EDUCATION
ASSOCIATION,
Defendant.
COMPLAINT IN EQUITY
NOW COMES the Plaintiff, West Shore School District, by
and through its attorneys, Steele & Hoffman, and submits the
within Complaint in Equity, averring in support thereof as
follows:
1, Plaintiff, West Shore School District
("District"), is organized and existing as a political
subdivision under the laws of the Commonwealth of
Pennsylvania, with its principal administrative offices
located at 507 Fishing Creek Road, New Cumberland, PA
17070-0803.
2. Defendant, West Shore Education Association
("Association"), is the duly recognized and exclusive
.
7. Mr. Samuel Santeusanio ("Mr, Santeusanio") has
been employed by the District for the past thirty-nine (39)
years as a professional employee who for the fall semester
of the current school year, taught social studies at the Red
Land Senior High School.
8. Mr, Santeusanio submitted a letter of resignation
for the purpose of retirement effective June 30, 1994 which
was accepted by the District, by letter, on October 22,
1993. True and correct copies of said letters are appended
hereto as Exhibit "B" and Exhibit "C."
9. On December 2, 1994, Mr. Santeusanio advised
representatives of the District that he was ill and would
not be returning to work for the remainder of the current
school year, At that point, the District calculated that
Mr. Santeusanio had 119 days of acc~mulated sick days from
his years of service with the DistricL and that 118 school
days remained in the 1993-1994 school year.
10. The District commenced paying Mr, Santeusanio his
sick pay allowance until February 14, 1994, when such
payments were discontinued for lack of adequate medical
documentation supporting his claimed medical illness. See
Exhibit "D" attached hereto.
3
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11. In response to the denial of his sick pay, Mr.
Santeusanio, as a member of the Association, filed a
grievance dated February 21, 1994 which sought reinstatement
of sick leave benefits. True and correct copies of the
grievance documents filed with the District are appended
hereto as Exhibit "E."
12. On or about April 15, 1994, after extensive
discussions between representatives of the Association on
behalf of Mr, Santeusanio and the District, Mr, Santeusanio
returned to a modified work assignment at the District. At
that time, he executed a letter agreement wherein in
exchange for restoration of his sick leave benefits from
February 11, 1994 until the present, he agreed to withdraw
the aforementioned grievance, A true and correct copy of
said letter is appended hereto as Exhibit "F,"
13. Two (2) checks from the District for the amount
owed to Mr. Santeusanio for sick leave were delivered to Mr.
Santeusanio subsequent to the April 15, 1994 agreement.
Nevertheless, in direct contradiction to the April 15, 1994
settlement agreement described in Paragraph No, 12, the
Association has continued to pursue the grievance.
14, As described above in Paragraph No.5, Article V,
Section 5.00 of the Collective Bargaining Agreement between
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the parties provides that a grievance is "a complaint by an
employee , . , regarding the meaning, interpretation or
application of any provision in this Collective Bargaining
Agreement." The April 15, 1994 letter settlement agreement
separately negotiated between the parties governs the
resolution of this dispute, Such settlement agreement is
not in any way part of the collective bargaining agreement
and thus, is not subject to the arbitration process,
15. By reason of the foregoing, the District is
entitled to a stay of arbitration pursuant to Section
7304(b) of the Uniform Arbitration Act which provides, in
pertinent part, that:
On application of a party to a court to stay
an arbitration proceeding threatened or commenced
the court may stay an arbitration on a showing
that there is no agreement to arbitrate.
42 Pa. C.S.A Section 7304(b).
5
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WHEREFORE, Plaintiff, West Shore School District,
respectfully requests an Order enjoining Defendant West
Shore Education Association from demanding or attempting the
arbitration of the grievance dated February 21, 1994 of Mr.
Samuel Santeusanio and granting other such relief as may be
necessary and proper.
Respectfully submitted,
I
E, Steele
, McCann
STEELE & HOFFMAN
422 Frick Building
Pittsburgh, PA 15219
(717) 232-2277
DATED:
May /i, 1994
6
.
VERIFICATION
I, Nancy A, McCann of Steele & Hoffman, Labor Counsel
for the West Shore School District, have read the foregoing
Complaint in Equity, The statements therein are correct to
the best of my personal knowledge, information and belief,
This statement and verification is made subject to the
penalties of 18 Pa. C.S.A, Section 4904 relating to unsworn
falsification to authorities, which provides that if I make
knowingly false averments I may be subject to criminal
penalties.
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EXHIBIT "^"
COLLECTIVE BARGAINING
AGREEMENT
,y AND BETWEEN WEST SHORE SCHOOL DISTRICT (herdnaftor referred to as the "Board"), and
~r SHORE EDUCATION ASSOCIATION (hereinafter referred to as the "Association"),
.RTICLE I - PURPOSE ~F AGREEMENT ,
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Promotion of Efficiency ,
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.RTICLE II - RECOGNITION ,
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Membership Dues Deduction
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.RTICLE III - LEAVES OF ABSENCE
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Aa.ociati~n Activities , .
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Bereavement Immediate Family .
Bereavement - Near Rela~ive ,
Bereavement - Payment ., ,
Illness and Injury
Extended Absence . , ,
Per.onal Leave . , . ., ,
Reque.t. and Control of Personal
Lunch Period. ........
Professional Absence ,
Elected Officer
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RTICLE IV - ADDlTIONAL CONTRACTS AND ASSIGNMEN'rS
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iTICLE V - GRIEVJ\I.';CE AND ARBITRATION
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Procedure ".
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:lTICLE VI - DISCIPLlNE, DISCBAAGE AND EVALUATION
Discharge, Discipline,
Employee Evaluation
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iTICLE VII - COMPENSATION CLAIMS
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, ARTICLE VIII - WORK SCHEDULES
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Work Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plann1.nS Tim. ........ . . . . . . . . . . . . . . I . . . . . . . . .
York Year -. . . . . . . .. ......."...............
Job Vacancies ......... . . . . . . . ... . . . . . . . . . . . . . . .
Teaching Assignment ............................
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,\RTICLB IX - WAGES A.'ID WORKING CONDITIONS
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Classifications and Races ot Pay . . . . . . . . . . . . . . . . . , . . . .. 12
Extracurricular Pay ............................ 12
Travel Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Payment ........ .......................... 13
Retained Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
New PO.1.t:l.ODS ................ .. ............. 13
Tax Sheltered An1U11ty .. ... ..,., ..........,.... 13
Credit Union . . . , .. " . . . . . . . . . . . . . . . . , . . .. 13
Raciremenc Incencive or Benefit Paymenc '" """"""." 13
Superannuation/Disability/Withdrawal Incremenc . , , , , , . , , , , , , , " 14
Graduate Credit Reimbursement , . . . . . . . . .. .........,.. 15
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.RTICLE X - INSURANCE . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . .. 15
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Medical/Oospital Currenc Employees . . ., """.,."..",
Medical/Oospital Retired Employees . , , , . " ,.".,."""
Medical/Hospital Surviving Dependents "".",
Medical/Hospital Suspended Employees , , . , , . .
Dental Care ..... ...............
Vision Care .. ..................
Employee Participation Medical/Hospital, Dentafi"Vision , , , , , , , , , ,
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Workmen's Compensat.ion . .. ........................
Tuberculin Skin Test. ..... .....................
Life Insurance . . . . . . , . . .. .,.. .. ....... ....
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RTICLE XI - CONFORMITY TO LAW
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Unlawful Provision .
Remaining Provision
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RTICLE XII - ASSOCIATION PRIVILEGES
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Local Liaison . . .. .......
Bulletin Board . . . . . . . . . . . .
Mail Facilitie.s ..... . . . . .
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R'1'ICL! XIV - SAFErY AND HEALTH
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RTICLE XVI - LABOR PEACE
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UICLE XVII - TERMINATION CLAUSE
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tTICL! XVIII - KISCEL~~EOUS
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?PENDICES
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Demand., Proposals aud Waivers
Equality ot Application ,
Partial Invalidity . . ,
Part-Tt=e Teachers . . . . . . . . . . '" . . . .
Summer School. H~ebound Instruction, Extension and Supplemental Program
Tenure . . . . . . . . . . . . . .. ..................
Assault . .. ..... .. ........... .... ...
Student Evaluation . . .. ... . . . .. ........
No Substitute Benefits , , , , ,
Modification .
Captions . . . . . . . .
Multiple Councerparcs
Copies of Agreement
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COLLECTIVE BARGAINING AGREEMENT
Thil Collective Bargain1ns Agreement hereby 19 entllred into as of the first
day of September, 1991 by and between WEST SHORE SCHOOL DISTRICT (hereinafur
refund to as tha "Board") and WEST SHORE EDUCATION ASSOCIATION (hereinafter
referred to as tha "AssociaUon"),
ARTICLE I - PURPOSE OF AGREEMENT
Pr8llmbla
1.00 The parties recogniu that it is desirabla to preserve harmonious
relations between the BQard and the As.ociation.
Promotion of Efficiency
1,01 It is racognized by the Association that the Board, in granting the
banefitl let forth in this Collective Bargaining Agre.mant, is adding to its
cost of operation and that, therefore, this Collective Bargaining Agreement i.
made vith tha specific understanding that the Association will cooperata vith
and assist tha Board in promoting batter efficiency and presenting a
continually improved educational program in the Board's school system, It is
recognized that the successful operation of the Board's school system can be
assurad only through the cooperation of the parties hereto.
Association Responsibility
1,02 In consideration of the obligations undertaken by the Board in this
Collective Bargaining Agreement, the Association recognizes its
responsibilities to encourase maximum productivity per employee.
, ARTICLE II - RECOGNITION
Alsocution
~
2,00 The Board recognizes and acknowledges the Ass'ociation as the sole and
exclusive representative, for the purposes of collecC1ve bargaining with
respect to wages, hours, and other terms and condition. of employment, of all
employeea in the unit described in Paragraph 2,01 of tbis Collective
Bargaining Agreement,
"
Unit
2.01 This Collective Bargaining Agreemsnt shall apply to a bargaining unit
including teachers, nurses, dental hygienists, counselors, home and scbool
visitor, librarian., school psychologists and senior teachers employed by the
Board :Ln chs West Shore School District, but excluding all instructional
coordinators, supervisors, first level supervisors and confidential employees
.s defined in Public Employe Relations Act of che CO\llDlonwealtb of
Pennsylvan:l.a,
Association Membership
2.02 No smployee of the Board shall be required to join or maintain
membership in the Associat:l.on or any other employee organ:l.zation as a
condition or term of employment, nor Ghall membership or nonmembership in the
Association or any other employee organization have any effect upon an
employee's employment or any terms or conditions thereof,
1
I
~
. - -
.
Membership Dues Deduction
2.03 (a) The Board shall deduct from the wages of tho'e employees who so
authorize sueh deduetions by a proper and lawful written authorization. tha
dues established by the Association,
(b) The authorization form to be exeeuted by the employees shall eontain
an assignment, shall be furnished by the Association to the Board and shall b.
approved by t-he Board prior to be1ns used,
(c) To the lIlCtent permissible by law, the authodzation form shall be
irrevocable for the sehool year if not revoked prior to November 1, thereof,
If not revoked, the euthorization shsll be pru\IIIIed to be continuing and :In
full force and effect,
(d) Por the convenience of the employees, the Board shall make
authorized deductions for fourteen (14) consecutive pay. in as nearly equal
amounts as reasonably convenient. Dedueted amounts ahall be remitted to the
Assoeiation promptly afcer deductions are effected,
While the partiea recognize that not all employees will desire to have
the sllllle amount deducted from wages, the Board shall not be obligated to
deduct more that four (4) different amounts from employee's wages,
Should an employee's employment terminate or should an employee commence
in a non-pdd, !eave of absence prior to the making of all deductions. th.
balance of the deductions shall be made from the employee's final pay
immediately preceding the employee's termination or eommeneement of a non-paid
leave of absence .s appropriate,
(e) No employee shall be required to auchorize 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 III - LEAVES OF ABSENCE
Association Accivities
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, gnnt fiftulI (15) employee daYII off, with: pay each echool year to
employees designeted by the Association to at~en4 'any official Association
activities held on other than school property. '
Additionally, the Board, to the e.'Ctent the see 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
off with pay each school year to employees designated by tha Association to
attend any official Association activities held on other than school property.
For such additional days. the Association shall pay to the Board an amount of
money equal the amount e.'Cpended by the Board in acquiring substitute employees
for said additional days. The Board shall submit a statnent to the
Association for such mount, and the Association shall IIl8ke 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 tha day or days for which time off is required and
shall state the specific location of the activity.
Sabbatical Leaves
3.01 Sabbaticsl leaves shall be governed as provided in the Pennsylvania
Public School Code of 1949, as amended.
2
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....c.w. w,..,'""'''~
Bereavement - Immediate Family
3.02 An employ.e absent from duty because of the death of a member of the
immediate family of .aid employee shall be entitled to four (4) .chool days'
leave with pay for .uch reeson, An employee may request the Board's
Superintendent or other designee for five (5) school days of absence
hereunder, Kember. of the immediate family shsll be defined as the parent,
stepparent, Drothei, sister, child, stepchild, spou.e, parent-tn-law of said
employee, or a near relative of said employee (as defined in Section 3.03) who
resides in the same household of .aid employee or any per.on with whom .aid
employee hu made hi. hOllIe,
i
Bsreavement - Near Relative
3,03 An employee absent from duty because of the death of a near relative of
said amployee shall be entitled to one (1) school day of leave on the day of
the funeral of said near relative. A near relative shall be defined as a
arandchlld, first cousin, grandfather. grandmother, aunt, uncle, niece,
nephew. .on-in-law, daughter-in-law. brother-in-law. or sister-tn-law.
Bereavement - ~ayment
3.04 Bereavement compensation shall be paid in the same time and manner ss
compensation would have been paid for tbe same period had the employee
concerned actually engaged in the performance of his duties.
Illness and Injury
3,05 An employee who is prevented by illness (which shall include disability
resultins from pregnancy) or accidental injury from following his or bel'
occupation shall receive as pay for each day of absence. up to ten (10) days
in the .chool year in which the illness or accidental injury occurs. the same
wage payments said employee would bave received had said employee actually
performed his or her duties during said period.
No wases shall be paid. however, if tbe accidental injury prevant1ns the
employee from following his or her occupation shall bave been incurred while
tbe employee was enaaaed in remunerative work unrelated to school duties,
Any unused portion ot the aforesaid ten '(10) day absence period may be
aecumulated in the Board's school district frOlll 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 years in the event the
employee is prevented by illness or aecidental injury from following his or
her oecupation. Accumuleted sick leave from other distriets may be
transferred into the Board's school district as provided in the Pennsylvania
Publie School Code of 1949. as amended.
In addition to the aforesaid ten (10) day absence period. any employee
in said employee's fint or seeond year of employment as a teacher in the
public Ichools of the Commonwealth of Pennsylvania who shall have exhausted
laid employee's accumulated liek leave through being prevented by illness or
accidental injury from following his or her occupation and who further is
prevented by illness or accidental injury from following bis or her
oecupation, shall receive up to five (5) additionsl days of paid absence in
the respective .chool years and ,hall not be accUlllulated, it being tbe
intention of the parties that absence occasioned by illness or accidental
injury shall first be charged against those' days which are available for
accumulation as provided in the Pennsylvania Public School code of 1949. as
amended.
On the first actual work day of Gacl. work year. the Board to the extent
it reasonably ie able 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,
.... Co....
'::011: -.,;' ....u=.~ t ;;.t-tU"":c.. ;:'I_MVUL- .. J. ~ I.
'l:he Board may require any elllp10yee vho bas bad mon than four (4)
absences in a school year to furnish a physician's certificate certifying that
1llneaa or accidental injury prevented the employee from fo110ving his or her
occupation during the period for whicb compensation is requested by reason of
such an event, For purposes of this paragrapb, an absence of consecutive days
ahall be considered one absence.
Extended Absence
3,06 (a) There shall be tvo (2) cypes of extended absence:
(i) Incapacity - If any employee has exhaustsd all such IIIIployee'.
.ick llIave and has no sabbatical leave available and uid employee is absent
frOll1 vork because of the illness (which shall include disability nsu1tini
frOll1 preiUancy) of or injury to said employee, the Board ahal1, nonetheless,
retain such employu as 111 CIIIployee, vithout payor other benefits, for a
period of one (1) year subllequent to the e;lthaustion of the employee's sick.
leave, To be eligible for such retention, the employee lIIUst submit a written
request therefor vhen tbe employee knows or reasonably should have knawn of
the inability to return. If the employee desires to return to work. at the
expiration of said one (1) year period, the employee shall iive written notice
to the Board of such desire not less than sixty (60) days prior to the end of
said year and, thereupon, shall be ob l1gatad to return at the call of the
Board at the end of said year,
(ii) Child Rearing - An employee ",ho desires to be absent from
emploYlllent with the Board illllllediately subsequent to the birth or adoption of a
child shall within the six (6) veek period iI1l1Ilediate1y subsequent to auch
birth (aside frOlll being unable to return because of disability resulting from
pregnancy) or adoption, notify the Board in writing of such desire. '1:0 the
extent reasonably possible, the employee shall give the Board not less than
cwo (2) wuks noUce in wrieing of the date upon which such absence is to
commence and such absence must commence within the first six (6) months of the
child's life. If the Imployee has satisfied the foregoing requirements, the
Board shall permit such an IlIIployee to be absent from work for up to six (6)
consecutive months immediately subsequent to the da~e set forth in the notice
as the date upon which the absence is to commence. ' '
(b) Extended absences shall be governed by"the folloving conditions:
(i) An employee who desires to return to work. at the expiration of his
or her extended absence, or who desires to request an extension of the leave,
or ",ho wishes to terminate employment, shall give the Board written notice of
such desire not less than s1.1(cy (60) days prior to the expiration of such
absence, '!:hereupon, excluding termination, ths employee shall be obliged eo
return to work upon the commencement of a grading period or the first student
day of a new calendar year as selected by the Board. At the employee's
written request, and at the Board's sole discretion, the extended absence
period could be altered so long as the employee returns to vork. at the
commencement of a period as defined above. Any such alteration of an excended
absence period shall be subject to the same terms and conditions as the
extended absence itself.
(ii) The Board in offering reinstatement to an employee who properly has
applied theT.~~or, shall offer said employee the job the employee held before
going o~ extended absence, if such job is vacant and available. If such job
is not vacant and available, the Board shall offer said 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'
job the employee held before going on extended absence, or a job substantially
similar to said previOUS job.
4
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(1.1i) An employee granted an extended absence (or baving an ll."(tended
ab.ence further extend~d by the Board) 9hall neither be paid nor accrue any
seniority, longevity. pension, retirement, medical or other benefits during
such absence. except as may be required by laYj further. an extended absence
shall not be counted as "employed time" for purposes of computing pay
increases, .alary .tep. r.tirement. etc. Provided. however. an ~loyee who
has be.n employed and worked for ninety (90) or more student daya snd has been
paid wage. th.r.for (i..,. thoee qualilying as student days for purpoee. of
caul1njJ the school district to sati.fy Pennaylva:nia laws and r&gulation9
regarding student att.ndance) during a school year in yhich said employee is
granted an extended absence shall have such 1chool year counted for purposes
of longevity as relates to pay increases.
Provided, further. an employee who has ba.n .mployed and worked for l.ss
than ninety (90) student days during a school year in which said employee is
grant.d an extended absence shall, upon returning to york, not be paid a lower
wage than said employee yas receiving at the commencement of said employee's
extended absence. but. instead shall be placed on the salary or wage step
which most closely equals the yage said employee wa.s receiving at the
commencement of said ll."(tended absence even though such step may in fact be a
lower step than the employee previously enjoyed.
An employee who is granted and returns to work immediately upon the
expiration of an extended absence shall retain the "sabbatical" status
(accumulated y.ars of sarvice) and accumulated sick leave the employee enjoyed
at tbe commencement oi the .xtend.d absence.
(c) To the extent permitted by the carrier of the then current plan. if
any, an employee on an extended absence may continue medical/hospital, dental,
vision. and lile in9urance coverage by paying the COSt thereof in advance to
the Board at such ti:ne or times as the Board shall direct. If the Board
elects to provide all or part of such benefits through third party
administretion, direct reimbursement or some other Board funded mechanism an
employ.. on an extended abgence ~ay continue to participate 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
annual cost. as the case may be) by the number of employees in tbe bargaining
unit. If the employee fails to make any payment 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 witbin fifteen
(15) days of said notice automatically shall terminate any further right of
the employee (or dependents) to participate in the program.
Personal Leave
3,07 Each employee shall be granted not more that two (2) days of absence
with pay each school year for personal reasons (personal leave) in the manner
h.reinafter set forth. Per90nal leave may be accumulated to a maximum ol lour
(4) days. Personal leave accumulated in excess of four (4) days shall ~pire
and shall not be paid for,
Requests and Control of Personal Leave
3,08 Employees shall request personal leave in writing at least five (5) days
prior to the dete of the leave desired on the Personnel Absence Request Form
to be provided by the Board and available through the Board' s building
principels, The Board may yaive the five (5) day period aforesaid if. in tbe
Board's sole discretion. the employee was unable to comply yith said five (5)
day requirement because of an emergency beyond the employee's control.
~ersonal 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
5
Board. The form shall be dated. shall clearly designate the dey o~ days for
which the absence is requested, and shall be .igned by the employee making the
request, A copy of laid fom is attached hereto as Appendu "A."
The Board may restrict the number of employees taking personal leave per
day to the following percentages for the areel indicated:
(a) Four percent (4%) of the number of employees in the bargaining unit;
(b) Fourt~en percent (14%) of the number of employees in a buildina;
(c) Thirty-five percent (35%) of the employeea in each department of two
or more employees. with numbers over half to be rounded up to the n~~t nearest
whole number,
Personal laave shall not be granted:
(d) On the fint three (3) and tbe last two (2) days of student
attendancI durina the school term;
(e) During any "in-service" day;
(f) For more tban evo (2) consecutive work days unless advance notice of
a minimum of thirty (3D) days is given by submittal of the Personnel Absence
Request Fom, However, not more than two (2) consecutive personal days may be
approved on any day(s) immediately preceding or following a scheduled holiday
on which students do not attend school;
(g) Dudna any period of time devoted to scaff curriculum or otber
non-student development (such as parent conference days, "Act 80 days",
professional development. etc.);
(h) On any day on which a field trip has been scheduled for which the
tmploy.. is assigned supervisory or other duties related to the field trip;
(i) On any dayes) on which the teacher is scheduled by the
administration to administer his/her mid-year or final ~~amination{s) to
students.
Lunch Period
3.09 Each employee shall be entitled to a lunch period of thirty (3D)
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 detemines that too.many'employees are absent fr01ll
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,
Professional Absence
3.10 The Board at all times shall have the right to rellsonably assign any
employee or employees to duties outside its school district. Additionally, to
the extent that employees may desire to be assigned to duties outside the
school district for such purposes as attendance at professional meetings and
seminars. they ,hall have the right to submit requests for such assignments to
the Board. and the Board 'Will accept or reject the request accordingly.
Reimbursement 'Will be consistent 'With Section 9.02.
Elected Officer
3.11 An employee elected to an office of a local. state or national affiliate
of the Association may have a one (l) year leave of absence 'Without pay to
serve in ,aid office, Unless otherwise specifically granted by the Board, the
employee shall acquire no seniority or other benefit during said period,
6
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Jury Absence
3,12 Employee. called for jury duty in a courc of record or required under a
subpoena to give testimony before any judicial or administrative tribunal
shall be compensated for the difference between the wage. the employee would
have received hereunder but for such abeence and the ameunt received for the
performance of such ebligacien. Provided, however. that .uch compensaden
shall not be-paid it the subpoena relaces te employment of the employee other
than with the Board or to any proceeding against the Board in which the Board
has not subpoenaed the employ.. to give testimony.
Military Service
3,13 The Beard shall comply with the requirements of the laws of the United
States and the Commonwealth of Penn.ylvania a. they relate to the treatment ef
employe.s of the Board who are engaged in military service.
ARTICLE IV - ADDITIONAL CONTRACTS AND ASSIGNMENTS
Individual Centracts
4.00 The Board shall enter into a separate individual centract with each of
its empleyees classified as a professional employee under the Pennsylvania
Public School Code of 1949. as amended, who has completed satisfactorily two
(2) years of service in any scheel district in the Cemmonwealth ef
Pennsylvania. Such individual centract shall compert with the form required
by said Public Scheol Cede and shall be censistent with this Collective
Bargaining Agreement,
Jeb Assignments
4.01 On the first actual werk day ef each werk year, the Beard, to the e~tent
it reasenably is able se te do, shall advise each emPleyee ef the employee's
salary step. salary en schedule, elttra duty assigIllllent and c.'Ctra duty pay,
Said advice shall be in the form marked Appendix "B", attached hereto and made
part hereof. " '
.'
Senierity
4,02 Senierity shall !:efer te the length ef time an employee has been
centinueusly empleyed as a regular full-time employee by the Board (which
shall include employment with entities merged int'o or consolidated with the
Board) with the employee having the longest term of continueus service having
the most senierity, Break of continuous service 6hall be by resignAtien or
termination of employment. An employee' 6 seniority shall be computed from
said empleyee' s most recent date of hire, Fractional or part-time service
shall accrue senierity on a pre rata basis. Employees having identical dates
of bire shall have 6eniority determined among them by lot,
ARTICLE V - GRIEVANCE AND ARBITRATION
Complaint
5.00 A grievance is a complaint by an employee or employees regarding the
meaning. inteTpretation or application of any provisien 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
7
1II1sunderstanc!iug, The Board and the Association earnestly desire that euch
grievance. or diff.rences be promptly settled so tbat efficient operatio~ of
the Board's school system shall not be interrupted and morale and earnings of
employees shall not be impaired, Accordinily, a procedure for the adjustment
of any grievance which may arise i. hereinbelow outlined,
Continued Business
5,01 In the-event' of a diapute or diHerence, the parties hereto and the
employees shall continue to transact and carryon their business in tbe ..me
manner .. at the time of arising of the issue or iuues in the dispute.
Accordingly, grievances shall be handled exclusively through the procl8s
hereafter described.
Procedure
5.02 (a) Step 1 - Any grievance which arieee shall be presented in writing by
or on behalf of the CDIployee to the employee's building principal within five
(5) businsss daya of the occurrence of the event giving rise to the grievance,
For purpose. of this grievance procedure, the date of the occurrence of ths
evant giving rise to the grievance .hall be the later of the date upon wbich
the event actually occurs or the date upon which the employee affected knows
or reasonably should have knovn of such event hac! the employee exercised
reasonable diligence.
(b) Step 2 - If,the grievance properly has been presented pursuant to
Step 1 and, if the matter has not been satisfactorily settled within seven (7)
business days subsequent to the occurrence 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 .ubsequent to the occurrence of the
event giving rise to the grievance and attempt to work out a .ettlement 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 satislactorily settled within
seventeen (17) business days subsequent to the occurrence of the event giving
rise to the grievance, either the employee or t~e 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 in writing
, (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 pre.ented to an arbitrator. If within forty (40)
business days subsequent to the occurre.nce of the event giving rise to the
grievance the pareies have not agreed upon an arbitrator, then either party
may, within forty-five (45) business days subsequent to the occurrence of the
event giving rise to the grievance., request the American Arbitration
Association to invoke its procedure for the .election of an arbitrator to
conduct the arbitration in accordance with its Rules on VoluntaTY Labor
Arbitration,
The Arbitrator shall have no power to add to, subtract from or modify'
the terms of this Collective Bargaining Agreement, nor shall the Arbitrator
have the power to requiTe any act which violates that law or this Collective
8
Bargaining Agreemant. Th~ decisions of th~ Arbitrator shall be final and
binding upon tha Board, tha Association and ths employ~e.,
(a) The COlt of arbitration shall be borne equally by tha pareills.
(f) Time ehall be the IISSllnce of this grillvance procedur~ and, in the
evant the tima limits hereinabova set forth are not strictly adhered to by tha
MsociatlO11 and the r"p~ctiva lIlIIploY~&II the grievance concerned .hall be
dllllllad walved,
Days upon vh!ch the Board's main offiCII is not open shall not be
considered "budnese days" and shall not ba cO\lnted for purpoua of computina
days of elaps~d time in the grievance procedures, If an office at which a
grievanca 11 to be pres~nted is closed on the data for presentation, th.
Sriavance may be presented at the Board's main administrative office,
(g) Unless the law shall otherwi.e requin, amployees shall not be paid
while enaaged in the preuntation of grievances, nor shall grievances be
procllSsed during echool hO\lrs, regardle.. of the employee'. capacity in tha
grievanca presentation. While an employee may prasent his or h~r own
8ri~vance, tha Association may be represented and may present its position at
each .up of the grievance, Tha Board shall notify the Association of the
fll:lllg of each gdavance. Except for nec&Ssary witnesse.. neither the
At.oeiation nor the grievant shall be represented by Illore than one employee
other than the grievant during a grievance presentadon,
(h) There ehall be no reprisals by either party or any employee asainst
any person by reason of such person's proper participation in a grievance
procedure,
(i) Settlem~nts of grievances shall be in writing, and shall be signed
by the pardes participating therein,
(j) Forms for use in zrievance presentation are marked Appendix "C-l"
through "C_3," aetach~d h~reto and made II part hereof.
Association Spokesmen
5,03 The As.ociation shall designate at least one spokesman employ~d in ~ach
school building from among the employees in the unit hereinbefore described,
The Association shall keep the Board advised in writing at all tim811 of the
nam~s of the spoke$lllen, The duties of spokesmen shall be as follows:
(a) Receipt on behalf of the Association .of "uch written mesaages and
information as originate with and axe authorized by the Board; and
(b) Representation of employees in the presentation and processing of
arievances,
ARTICLE VI - DISCIPLINE, DISCHARGE AND EVALUATION
Discharge. Discipline. Suspension, and Reprimand
6,00 The Employer has the right to discipline and/or discharge any employee
for any cause permitted under the Pennsylvania Public School Code of 1949. as
am~nded ,
Suspension of employees shall be effeceed for any reason permitted by the
Public School Code of 1949. as amended,
The Employer shall not reprimand an employee in writing without just
cause,
Employee Evaluation
6.01 The following shall apply to employee evaluation:
(a) Employees covered by ehe Public School Code of 1949, as amended.
shall be rated only by persons authorized to do so thereunder.
9
(b) Any employees evaluated by a classroom visit shall ba sivan a
parsonal copy ot the clu81'oom evaluation report prepared by the avaluator,
No such report shall be placed in the amployee's file or otharwise acced upon
without first offaring che employee a conferance and, if appropriate under the
circ\llll8tances, offar:l.11I suggestions for improvemant in the elllploy..' s work
performance, No employee shall be r.quired to sign an incomplece evaluation
form.
(c) The-public address system in a building shall not be the basis upon
which any employee is Ivaluated or rated, and observation of an employee for
evaluation purposes shall be on an open basis,
(d) Observations of employees conducted during the la.t two (2) weeks of
the regular school year shall not b. th. exclusive basis for ratil1l or
evalUAtion purposes.
ARTICLE VII - COMPENSATION CLAIMS
Coopsradon
7,00 Ar1y employee injured in the cours. of perfol:lll1ng hi. or her dudes
immediately .hall report the same to th. office of tha Board'. Superintendant,
The Board will cooperate toward the prompt settlem.nt of employee on-che-job
1njury claims when such claims ara due and owing.
ARTICLE VIII - WORK SCHEDULES
Work Bours
8,00 Except in case of emergency (which shall include non-regular arrival or
departura of bus transportAtion for students) and as hereinafter provid.d,
elementary-assigned teaching employees shall not be required to be on duty
mor. than forty-five (45) IIl1nutes longer per day than the period measured by
the COlDlllenCtlllent and' t.rmination of the applicable school day. High school
and middle sehool-assigned teaching elllployees shall not be required to be on
duty more than thirty (30) minutes longer per day than the period measured by
the cOllllllencement and termination of the applicable school day, The Board
shall apportion said forty-five (45) minutes of elementary time before the
COllllllencement of school and/or after the termination of school. The Board
shall apportion said thirty (30) minutes of high school and Illiddle school time
before the commencement of school and/or after the termination of school,
Other employees shall ropoX'!: when dirscted by the Board but shall not be
required to work more hours per week than teaching employees.
Further, without extra pay, all employees, in addition to reportina as
afor.said, shall report for faculty Illeetings held between the hours of 8100
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 nocice,
Shortness of notice, however, shall not excuse attendance. All employees
sponsoring student activities shall report, without extra pay, at those times
such activities are scheduled,
Additionally, each employee shall report for back-to-school nights at any
school at which an employ.e i6 a6s1aned twenty per centUlll (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 es the Board shall de carmine '
appropriate. Employees nquirad to attend more than two (2) back-to-school
nights lllay condder this excess time part of his/her contracted in-service
time for that ~chool year.
10
Employees will r8main in their buildina of primary aesigaments throughout
the work day. Employees who ars required to travel between buildings operated
by the Board shall follow such schedule or schedules as are directed by the
Board.
Planning Time
8,01 The Board will schedule five (S) planning periods par weele: for each
employee working as a teacher. Insofar aa reuonably possible the Board shall
schedule one (1) planning period per day for each employee working as a
teacher,
At the high school, live (5) of the scheduled planning periods will be of
the same 1enath as the class period,
A p1anninl period shall be any unasaigned segment of time, fifteen (IS)
minutes or more in length (excluding the employee's thirty (30) minute lunch
period), during any part of ehe day while ehe employee is required to be on
duty,
Each employee shall be afforded an aggregate of no 1esl than two hundrej
(200) minutes of planning time in each weele: containing five (S) complete days
of actual full-time scudent attendance.
Worle: Year
8.02 Each employee shall be under contract with the Board each school year
for a period of nine and one-half (9i) months, said period to c01lllllence and
terminate as direct8d by che Board.
The Board, at its sole discretion, may extend the contract period as to
SOllIe or all employees in such instances as it deems desirable. In the event
of such extension, ~mployees required to work during ehe extended period shall
receive additional c01llpeneaeion for such period to be computed on a daily
proration of their respective compensation for the initial nine and one-half
(91) month period.
While the initial contractual period shall be for a period of nine and
one-half (9l) months, employees shall not be required to work more than one
hundred eighty-sL~ (186) days during said period.
Job Vacancies ~.,
8,03 The Board shall notify the employees of job vacancies occurring within
the school district and will perut the employees to :I.nd:l.cate a desire to
occupy any such vacancy, For purposes of this section, the Board shall g:l.ve
the aforesaid notice by distribution through the school mail facilities during
tha school year and by posting in each open school building during non-school
periods, such as the summar and vacation seasons. Additionally, during summer
and vacation seasons, the Board will mail a copy of the notice to the
Association, Ii the Assoc:l.ation detertllines to advise any elllployees of any
notice it has received, it specifically agrees to simultaneously notify all
employeas in the bargaining unit.
Desire 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
facilities or posting as the case may be. While the Board shall consider any
indications f:l.led with it, the Board shall have the sole right to fill a job
vacancy,
Teaching Assignment
8.04 If the Board determines to change the subject matter or grade level to
be taught by a teacher, the Board will endeavor to notify such teacher of the
change by July 31 of the summer preceding the change. The Board may make
changes after July 31, but in 6uch 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 Board will give ,.rious consideration wherever reasonably
possible to the balance of the workload among the work force,
ARTICLE IX - WAGES AND WORKING CONDITIONS
Classifications and Rates of Pay
9.00 Emtlloyus shall be classified, when so required, pursuant to the
requirements of the Pennsylvania Public School Code of 1949, a' amended, The
rates of pay for employees subject to this Collective BarsaininlJ Alrument
shall be as sec forch in Append:lx "D," accached hereto and III&de e part hereof,
Commencing with the school year beginning on or about September 1975, an
employee for the purpose of determining salary classifications beyond the
Mastars Degree which are based upon hours alone, but noc co include lIalary
classifications based upon graduace degrees, an employee shall be encitled co
credit for graduate credits earned at a fully accredited institution the
credits of which are acceptable for Pennsylvania ceacher certification and not
counted toward a degree from and afcer the time the employee has given the
Board satisfactory evidence of baving earned such credits.
(a) For credics for which sacisfactory evidence of completion bas been
furnished to che Board on or before Occober 30 of the six (6) month period in
which earned, the salary increase applicable shall be made retroactive to the
co~encement of the school year in which reportedj and
(b) For credits for which satisfactory evidence of completion has been
furnished to the Board on or before March 30 (but afcer October 30) of the six
(6) monch period in which earned, the salary increase applicable shall be made
retroactive only to the co~encement of the semester in which reporced,
Extracurricular Pay
9.01 Employees who an assigned by the Board co extracurricular activities \
shall receive compensacion 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 Reimbursement
9.02 Employees required to use personal vehicles in che course of employment
with the Board ahall be reimbursed per mile traveled at such mileasa rate as
may be 8lCcludable or deductible on accounc of automobile travel from the
ineome of the recipient under the Internal Revenue Code and Regulations of the
United States if allowed by applicable Pennsylvania low and/or regulations
and, if not, at the rate allowed by applieable Pennsylvania law arul/or
regulations. Further, total reimbursement shall be calculated to the nearest
"whole cent.
, No personal vehicles shall be used wichout 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
transporc students in their personal vehicles.
Employees who have reeeived the prior permission of the Board to be away
from the Board's school district in the eourse 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 form approved and provided by the Board, and receipts
for meals, lodging, registration. tolls, and parlting fees. The Board shall
not reimburse employees for sales or other state taxes from which the district
1s exempt.
, ?
Payment
9,03 Wages shall be paid every two weeks in cash or by check, as the Board
.hall decide, Additionally, upon request by an employee, the Board may but
ahall not be required to cause tbe employee's wages to be deposited directly
to a bank account .elected by the employee, Upon request aubmitted in writing
to the Boerd on or before May 15, an employee may receive all wages due for
the school year in the 1aet pay of June thereof, The Board at any time after
the close of school in June may pay in advance any wages it deems appropriate.
Retained Rates
9,04 No employee shall be given a decrease in bis pay rate by reason of the
pey rates e.tablished in this Collective Bargaining Agreement.
New Positions
9.05 The Board may, from time to time, create new positions which carry
additional compensation with them. In such event, the Board shall nelotiAte
with the As.ociation as to the rate of compensation. There will be no right
to strike in connection with such negotiation.
Tax Sheltered Annuity
9.06 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.
Credit Union
9.07 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 (1) deductiOn authorization in October and April of
each school year, An authorization not changed at one of those times shall be
presumed to continue, Te~inAtions may be requested at any time.
Retirement Incentive or Benefit Payment ,...' ,
9,08 To the extent permitted by law, applicable governmental regulations and
agencies, lull-time employees in active service who have been employed in the
Board's achool district for at least ten (10) years, who shall become eligible
for retirement as defined in the Public School E1nployes 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
semester, shall, subject to the conditions hereafter set forth, upon
te~ination of their employment by retirement at the end of the semester for
whieh they have given notice, receive payment of the amount indicated below
opposite the age of the employee upon the 30th day of June immediately
subsequent to the employee's final academic semester, it being understood that
a final academie semester must be a full regular semester scheduled by the
Bosrd and not A portion or portions of semesters:
13
f...U.,,-.....O-7.~ _....4.J
~~~~ _~~. ~"V~~ ~_n__~ _.~..
.' .--
It notice is not given on or before October 1 or the first day of the
employee'. final academic semester, the Board shall not be required to pay the
afore.aid payment but may do so if, in tbe Board's sole discretion, it is in
the intere.t of the district,
Further, under the same notification conditions above, a retiring
employee, instead of receiving any Retirement Incentive, 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, 1IIAjor medical,
dental and vision insurance until age 65. Tbe maximum amount which the Board
,hall be obliged to pay, however, shall be an amount equal to one hundred and
fifty percent (150%) of the Retirement Incentive for which the employee would
have been eligible.
Upon the giving of written notice of intention to retire and the
acceptance thereof by tbe Board, retirement shall be mandatory.
'Entitlement to the retirement incentive or benefit payment shall be
subject to the following conditions:
(a) The employees shall retire both from employment by the Board and
frOlll all teaching or employment in the public schools of PetlUSylvania which i.
part of or affiliated with the Public School 'Employes Retirement System of the
Commonwealth of Pennsylvania or any successor thereof,
(b) The employee shall not be eligible ,fo~ .or subject to disability
retirement of any kind. "
I
I
Superannuation/Disability/Withdrawal Increment
9,09 EMployees in active service who have been employed in the Board's school
district for at least ten (10) years, who shall becOllle eligible for
"supsrannuation," "withdrawal," or "disability" retirement as defined in the
Public School Employees Retirement Code and who sball, 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
whicb is to be their final academic semester, shall receive a salary increment
computed in the manner hereinafter described but payable with salary payments
remaining after the employee gives notice in writing of the employee's intent
to retire, the payments to commence as soon as reasonably practicable after
such written notice is received by the Board, Employees who decide to retire
should provide notice to the Board as early as possible, If notice 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 to retire and the
acceptance thereof by the Board, retirement shall be mandatory.
14
The superannuation/disability/withdrawal increment to be paid hereunder
.hall be the product obtained by multiplying one-half (1) time. the daily rate
of pay for said employee times the years of service of said employee in the
WeSt Shore School District (i,e. 1 x daily rate x years. increment), Said
increment shall be added to the employee's salary in as nearly equal
installments as convenient,
Graduate Credlt RetMbursement
9,10 Effective with the commencement of this Agreement, the lloard shall
reimburse each employee who is not otherwise reimbursed the .mount hereinafter
indicated for each qualifying graduate credit earned by said employee and not
countsd toward permansnt certification or otherwise required by law or
regulation up to a maximlllll of twelve (12) in anyone school budget year, The
following shall be required to qualify a credit for reimbursement:
(a) The credit shall have the prior approval of the Board and thereafter
shall ba aarned at a fully accredited institution, the credits of which are
acceptable for Pennsylvania teacher certification;
(b) Unless otherwise agreed in writing by the ~oard, the credit sball he
in an area in which the employee bas Pennsylvania teacher certification;
(c) The employee shall have received a satisfactory grade for tbe credit
(C or better); and
(d) Within six (6) months of completion, the employee shall furnisb the
Board with satisfactory evidence from the Office of the Registrar of the
institution where the credits were t3ken of successful completion of the
credit.
The rate of credit reimbursement for credits earned during the term of
this Collective Bargaining Agreement shall be the leeser of the cost or one
hundred ten dollars ($110,00) per credit earned.
ARTICLE X - INSURANCE
Medical/Hospital - Current Employees
10,00 The lloard shall pay the current premium cost for Blue Cross and Blue
Shield prevailing fee coverage for each employee, with the plan to provide for
three hundred sixty-five (365) days and non-member hospital coverage and also
shall pay the current premium coat for $100 deductible major medical insurance
with said group in the lifetime maximum amount of $1,000,000 for such
employee. Mental care maximum shall be $10,000 with 80/20% inpatient and
SO/50% outpatient co-insurance coverage.
Premiums for coverage for dependents (as defined by Blue Cross and Blue
Shield, but to include full time student dependents to age 25) shall be paid
for by the Board,
The aforesaid plan shall include the outpatient radiation therapy rider
and shall bave no deductible on outpatient laboratory studies. Outpatient
accident and surgery non-member hospital coverage shall be 80% coverage,
The aforesaid coverage shall include alcohol rehabilitation, emergency
medical care within seventy-two (72) hours, follow-up care to emergency
accidents, outpatient inhalation and physical therapy, all medically accepted
outpatient diagnostic tests, and one (1) routine pap test per twelve (12)
month period,
The aforesaid coverage shall include outpatient allergy testing,
emergency medical care within seventy-two (72) hours, follow-up care to
emergency accident within sixty (60) days, outpatient physical therapy,
chemotherapy, one (1) routine pap test per twelve (12) month period and
treat1l1ent by licensed physical therapists who are eligible providers. Home
and office visits shall not be covered.
The aforesaid coverage shall include Blue Cross occupational therapy,
Blue Cross speech therapy. Major Medical mail order drug program with five
dollar ($5.00) co-pay, and Blue Shield inpatient: and outpadent respiratory
therapy.
Medical/Bospital - aetired Employees
10.01 To the extent permitted by ehe carrier of the then current plan. if
any, the reti~ed employees of ehe bargaining unit shall be permitted eo retain
medical/hoapital 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. If the employee fails to make payment by the due date set by
the Board, both the employee and the Auociatioll shall be notified of such
failure. Failure by the employee to make payment to the Board within fifteen
(is) days of said notice automatically shall terminate eny further risht of
ehe employee (or dependents) to participate in the program.
Medical/Hospital - Surviving Dependents
10.02 To the extent permitted by the carder of the then current plan. if
any. the surviving dependents of a deceased employee ahall continue to have
their medical/hospital coverage premiums paid by the Board to the extent 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. vhichever shall later occur.
Additionally, to the extent permitted by the carrier of the then current
plan, if any. the surviving dependents of a deceased employee shall be
per.nitted to retain medical/hospital coverage as members of the unit group for
a period of tvo (2) years immediately following the aforesaid August 31 by
paying the cost thereof in advance to the Board at such time or times as the
Board shall direct. If the surviving dependents fail to make payment by the
due date set by the Board, both the dependents and the Association shall be
notified of such failure. Failure by the dependents to make payment to the
Board within fift8ltn (15) days of said nodce automatically shall terminate
any further right of the dependents to participate in the program.
Medical/Hospital - Suspended Employees .
, .
10.03 To the extent permitted by the carrier" of the then current plan. if
any. employees vho a:e "suspended" (on layoff) as defined in the Pennsylvania
Public School Code of 1949, as amended. shall be permitted to :eta1.n
medical/hospital and life inSl'rance coverage by paying the cost thereof in
advance to the Board at such time or times as the Board shall direct. If the
employee fails to make payment by the due date set by the Board. both the
employee al1d the Association shall be notified of such failure. Failure by
the employee to make payment to the Board vithin fifteen (15) days of said
notice automatically shall terminate any further right of the employae (or
dependents) to participate in the program.
Dental Care
10.04 'rhe Board shall pay the current premiuIII cost for Blue Shield Basic
Dental Care Protection or its equivalent for each elllployee and each employee's
depel1dents (as defined by Blue Cross and Blue Shield or an equivalent plan.
but to include full time student dependents to age 25. which equivalent shall
include both third party administration and direct reimbursement plans, to
include 100 percent UCP. (usual. customary. and reasonable) coverage for
diagnostic. preventive, restorative. oral surgery, endodol1tic and periodontic
services. and 50 percent UCP. coverage for single connected inlays. onlays. and
crowns (none of which is part of a fixed bridge or are splinted together).
Benefits payable under the Program shall be limited to a maximum of $1,000.00
per person for services rendered in any calendar year,
V:!.Iion Care
10.05 Tha Board shall pay the current premium cost for the Pennsylvania State
Employee BBnefit Trust Vision Cera Program or its equivalent (which equivalent
ahall include both third party administration and direct reimbursement plans)
for each employe. and eligible employee dependents to include 100 percent UCR
(usual, customary, and reasonable) coverage for examination and refraction,
duale v1siolt. lensu, bifocal lenses, trifocal lenses, contact lenses (when
certified as medically necessary by the treating physician) . and fr&llles
~imum allowance $15 wholesale). Contact lenses not certified as medically
necessary by the treat1ng phy.ician will be provided only at the benefit level
'Pecifically .et forth in the plan.
Employee Participation - Medical/Hospital, Dental. Vision
10.06 The Board shall deduct a health care administrative fee of two dollars
($2.00) from each wage payment of each bargaining unit employee hav:l.ng
Kedical/Bospital coverage under section 10.00 of this Collective Bargaining
Agreement. Employees not eleceing the district-provided Medical/Hospital
under Section 10.00 shall so notify the Business Office. Such prior
notification .hall be in writing.
Automobile Insurance
10.07 The Board will continue to maintain "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 I s
individual insurance shall be the first insurance relied upon in ehe evant of
a claim.
Workmen's Compensation
10.08 Th. Board will comply with tbe lav of Pennsylvania in affording
workmen's compensation for employees.
Tuberculin Skin Test
. . .\'
'" '.
10.09 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 test in
addition to the Skin Test be advisable. the Board vill provide and the
employee, at the employee's expense, will take the same. The employ.. shall
rece:l.ve a report of the results of such test.
Life Insurance
10.10 The Board shall pay the premium for a term lifa insurance plan of its
selection with said plan to rrovide each employee with a $30.000.00 death
benefit.
ARTICLE XI - CONFORMITY TO LAW - SAVING CLAUSE
Unlavful prov:l.sion
11.00 If any provision or the enforcement or performance of any provisioll of
this Collective Bargaining Agreement is 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 vith the
17
law. then it shall be deemed restored in full force and effect as if it had
never been in conflict with the law.
Remaining Provision
11.01 If an, provision of this Collective Bargaining Agreement or the
application of such provision to any person or circumstances ehall be held
invalid, the- remainder of this Collective Barsaining Agreement or the
application of luch proviaion to othar parsons or circumstances shall not be
affected thereby.
ARTICLE XII - ASSOCIATION ?RIVILEGES
Meet And Discuss Committee
12.00 A Meet and Discuss Committee shall be continued. Each party shall have
the right to designate four (4) representativu to the Meet and Discuss
Committee. The parties may change their representatives from time to time.
Onlesl the parties otherwise agree, the Meet and Discusl Committee .hall
meet at least each month at a time and place convenient to both parties.
The Meet and Discuss Committee shall have a chairman who shall be
responsible for scheduling the meetings of the Meet and Discuss Committee.
Each party shall have the right to designate alternately the chairman.
commancing with the execut~on 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 tvo (2)
months. but the incumbent chairman shall serve until the appropriate party
designaces his successor.
The purpose of the Meet and Discuss Committee shall be to mut and
discuss matters affecting the operation of the West Shore School District.
The Meet and Discuss Committee, upon majority vote of the representatives in
attendance may make such recommendations to the Board as 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 conneceion
with the Meet and Discuss Committee during vork'hours nor shall ehey be paid
for such activities. Meetings of the Meet and Discuss Committee shall not be
scheduled during work hours unless the Board' grants released time to the
bargaining unit employees.
Local Liaison
12.01 A Liaison Committee shall be established in each school building in the
Board'. .chool district. Each party shall have the right to designate one (1)
repressntative for each ten (10) teaching employees or major fraction thersof,
up to a total of five (5) representatives per party to the Liaison Committee.
The parties may change their representatives from time to time. The Liaison
Collllll1tt.. .hall meet at the call of either party at reasonable times other
than during ehe work day, but neieher party shall be required to meet more
than one time per calendar month.
The purpose of the Liaison Committee shall be to meet and discuss
matters affecting the operation of the school building for vhich 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 Association for use in posting routine
18
announcements, but not for .olicitations for funds for political activitie..
All announcBIIlents must be presented to the building Principal prior to
posting.
Mail iacllitiu
12.03 The Association may make reasonable use of the message distribution
facilities operated' by the Board within the school district. Such use shall
be lim:l.tad to the lending of routine announcements. Material sent through
.ai~ facilities shall ba neitber critical of nor in opposition to the Board or
any of its employees. Copies of all material distr:l.buted through tbe Board's
message facilities shall be givsn at the time of distribution to tbe building
Principals of the buildings in vhich distribution is made. Said facilities
shall not be used to make solicitaeion for political activities. Violation of
any part of this paragraph shall give the Board the right thereafter to
withdraw tbe use of said facilities from the Association for such period as
the Board deems appropriate, to include a witbdraval for tha term of this
Collectiva Bargaining Agreement.
Use of ROODlB
12.04 The Board will endeavor when possible, to make available to the
Association the use of school rooms for Association meetings being held after
school hours on non-duty time. To obtain ehe 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 .hall, on each occasion, leave such facilities in good
order and repair. Such meetings shall be conducted in an orderly fashion in
the room designated by the Principal and shall not be disruptive of the use of
tbe school by others.
Complimentary Tickets
12.05 A faculty athletic pass will be issued to each employee. Said pass
shall admit the employee end one guest to athletic events held by the Board's
students, to the extent seating space .is available (it being understood that
the Board'. students shall have priority in attendance), but shall not admit
anyone to any fund raising event. Said passes 'shall be non-transferable.
Should a person other than the employee use or attempt to use the employee's
pas., the Board shall have the right to withdraw said pass for such period as
the Board deems appropriate, to include a vithdrawal for the term of this
Collective Bargaining Agreement.
Vending Machines
12.06 To the extent, in the Board's judgment, it is reasonably convenient so
to do, the Board shall maintain vending ilia chines 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 Mutings
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 vhich is to be publicly distributed to the extent the same
is available. Further, the Board will provide the Association with a copy o~
any publicly distributed minutes of Board meetings. but such copy shall not
have any attachments or exhibits.
19
Statutory Rights
12.08 This Collective Bargaining Agreement shall not be construed to restrict
or deny any rights granted to bargaining unit employees under ehe Public
School Code of 1949, as amended.
ARTICLE XIII - EMPLOYER'S RIGHTS
Control of School System
13.00 Recognizing that the successful operation of the Board's school system
depends upon the cooperation of the parties hereto, it specifically is
understood and agreed that the Board shall have the exclusive right to
supervise, manage and control the operation of its school system, to includ~,
inter alia, the rights to hire, discharge, aseian, suspend, transfer, promote,
demote, maintain order, efficiency and discipline, to determine methods,
policy, equipment, books, materials, processes and other items to be used, job
classifications to be \ employed. employee qualificationa, working forces,
. schedules, number of ~ployeu and X. asdfications to be employed, to
~introduce or discontinue" any progrem, to subcontract and outcontract or
otherwise acquire outside services' and 0 require amplo ees to 0 81
Slue . ons stent vith 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 Board specifically retains the right to exercise all powers
and rights granted or not denied to the Board under the laws of Pennsylvania
(inclading the Pennsylvania Public School Code of 1949. as amended).
ARTICLE XIV - SAFETY AND HEALTH
Rest Rooms
14.00 The Board shall continue to maintain sanitary wash rooms and eoilet
facilities.
".'
Safety
14.01 (.) The Board shall continue to afford all reasonable precautions to
protect ths health and safety of its employees during their vork. Safety
appliances, methods. drills and instruction, if required 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 receipt of the written report on a copy
thereof within five (5) calendar days of receiving the report.
(c) Employee attendance shall not be required vhenaver student
attendance is not required because of inclement veather.
(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 unusual situation.
20
ARTICLE XV - KANAGEMENT WORK
Supervisory Personnel
15.00 Whib the Board desires that no bargainins unit work shall be don. by
the Board's .upervisory persollDel, it shall be permissible for the Board to
...ign unit work to .upervisory personnel when it deems the S8III. appropriate.
ARTICLE XVI - LABOR PEACE
Strikes, Etc.
16.00 (a) Under no circumstances shall the Association or any employee,
individually or collectively, cause, permit or take part in any atrik.,
sitdown, slovdoVD, picketing, stayin, limitation, curtai1=ent or restriction
of production or interference with work in or about the Board'. school Iystem
or in the mOV81llent of goods, materials or persons in or about the Board's
school system whether from building to buildinl or otherwise or between the
Board's school system and any place outside of the Board's school system.
Under no circum.tances .hall the Associa~ion or any employee honor or refuse
to cross any picket line whera such honoring or refusal may affect the
operation of the Board's school system.
(b) III the event of the occurrence of any activity described in this
Paragraph, the Association immediately shall publicly c11savov such act:l.vity,
post notice at the Board 1 s schools that such action is unauthorized and a
violation of this Collective Bargaining Agreell\ent and 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 its members to
report to vork at their scheduled time notwithstanding the existence of such
picket line.
ARTICLE XVII - TERMrnATION CLAUSE
Tem
17.00 This Collective Bargaining Agreement shall ba in full force and effect
from commencement of the first pay period of the school year beginning on or
about September 1, 1991 up to ancl including August 31, 1994, ancl shall
continue in full force and effect from year to year thereafter unless written
notice of desire to cancel or terminate this Collective Bargaining Agreement
expires.
ARTICLE XVIII - MISCELLANEOUS
Demands, Proposals and Waivers
18.00 The Board and the Association acknovledge that during the negotiations
which resolved in this Collective Bargaining Agreement, each had the unlimited
right and opportunity to make demancls and proposah vith respect Co any
subject or matter not removed by law from the area of collective bargaining
and that the understanding and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth in this Collective
Bargaining Agreement. Therefore, the Board ancl the Association, for the life
of this Collective Bargainiug Agreement, each voluutarily and unqualifiedly
vaives the right. and each agrees that the other shall not be obligated to
bargain collectively vith respect to any subject or matter not specifically
referred to or covered in this Collective Bargaining Agreement, even though
such subject or matter may not have been vith the knowledge or contemplation
of either or both of the parties at the time that they negotiated or executed
this Agreement.
?1
Equality of Application
18.01 In the continuance of the policy established and llIaineained by the
Board, the Board and the Assoc1ation agree that tha provisions of the
Collect1ve Bargaining Alnelllent shall apply e~ually to all employees covered
by tbb Collective Bargaining Alnement without discrilllinat10n, and 1n
carrytng out thair nepective obligadona undar ehi. Collective Bargaininl
Agreement neither the Employer nor the Association will di.crtminaee against
any employea on account of race, color, national origin. sex, age, marital
statu. or handicap.
Partial Invalidity
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 thill Colhctive Bargaining Agreement. Should a substitute
provision be necessary, the Association or the Employer sball have the right
to negotiate for tha same, but in no event shall ebe Association have a right
to strike.
Part-Time Teachers
18.03 The Board lII4IY continue to employ part-time teachers. The wages and
vorldns conditions of such teachers shall be determined pursuant eo the
procedure permitted by the Pennsylvania Public School Code of 1949. as
amended.
Summer School, Homebound Instruction, ~~tension and Supplemeneal Program
18.04 The Employer may offer summer school, homebound instruction, extension
and .upplemental 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 said Code and shall not be subject to tha
terms of this Collective Bargaining Agreement. The foregoing notvithstanding,
the rate of pay for said service shall be as defined in Appendix "E" of this
Collective Bargaining Agreement for the period f%om September 1, 1991. through
August 31, 1994, with employees being paid for'tima actually vorked.
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 end, if not, at the rate estab115hed by Pennsylvania law with
mileage to be calculated as the shortest of: (1) the distance from the
employee's home to the place of instrucdon; or (2) the distance from the
school vithin the attendance area of the student's residence which is or. but
for special asdgnment, would be the school attended by the student to the
place of instruction.
Tenure
18.05 Tenure shall be controlled by the provisions of the Penn5ylvania Public
School Code of 1949, as amended.
~~
Assault
18.06 Employees who are assaulted in the course of their employment promptly
shall report the .ame to eheir building Principal or other immediate
supervisor.
If. all . result of acciviti8ll properly undertaken by an employee in
connection with the exercise of the employee's duties, a criminal charae or
charga. are brought'against the employee by someone other than the Board, and
the employee is acquitted thereof, the Board shall pay reasonable attorney's
feea and court COltl incurred by the employee in the defeuse of said criminal
charaes. For the purpose of th:l.. section an employee's "duties" shall be
de.med to include activitils undertaken by employees at "school events" taking
place before and after the ulual school day such as athletic contests, social
events, etc.
Student Evaluation
18.07 Teachina el1ll'loyees shall have the initial responsibility of determining
the aradel and evaluation. of ltudents. No grade or evaluation of a student
so determined shall be changed vithout notice to and the offer of a conference
with the teachina employee who made the initial determination thereof. Notice
shall be by mail to the last address given to the district by the teaching
employee.
No Substitute Benefits
18.08 The benefits set forth in this Collective Bargaining Agreement shall be
th. exclusive benefits availabla to the employees. Employees shall not be
givell monetary payments or other 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 executed by both parties.
Captions ;' :",::,"
'"
18.10 The captions, paragraph numbers and index appearing in this Agreement
are inaerted only as a matter of convenience and in no way define, limit,
con. true or describe the scope or intent of such paragraphs or articles of
thi. Collective Bargaining Agreement nor in any vay affect this Agreement.
Multiple Counterparts
18.11 Thb Collective Bargaining Agreement may be executed in D1ultiple
counterparts, each of which, for all purposes, shall be considered an
original.
Copies of Agreement
18.12 The Board, at its own cost, shall produce copies of this Collective
Bargaining Agreement. The general di.tribution of the contract shall be made
to all bargaining unit employees by WSEA through intraschool mail with a cover
memorandum jointly signed by the President of WSEA and the Superintendent of
Schools.
By:
P.mela L. Iams, President
WEST SHORE SCHOOL DISTRICT
DaCe
.'.- .
.. - .,..._-
.
_.~- ....--. -"-"- --..---
. .
miST:
David E. rrantz. Board Secretaq
WEST SHORE SCHOOL DIStRICT
Dau
(SEAL)
lly:
Marcia B. Luatzelschwab, President Date
WEST SHORE EDUCATION ASSOCIATION
ATTEST I
George L. Lebecki, Secretary
WEST SHORE EDUCATION ASSOCIATION
(StAL)
Date. .
. ,'., . ,"
nOlI t
I of !Ilployee
1lES'r SHORE .-..JOL DtSnlIC'I - PEI\SONlIEL ABSENCE ~.. .ORK
Bul141Da/Po.ltlOO
Cr.de/SUbj.
"' of Allllncos Illd/or Ac~lvlty or Colllerence
(1!Idlcete ..../p... vIlere .pp1l.cable)
~er of Scbool Day. llequiU~ed _ SIIb.tltute lIee<Ied, 0 'Ie. 0 Ho/ll.~'(')
IlEASCIlI ral A!SZIICI N!QllES'1:
Date of ReCUt'll
....
p...
'Per.OllIl LeI".* (5 d.y 1I0tl..)
o Profeal10ll11 Leave (Compl.te SectIon 11)
o A."OC1adOll Acdvltl..
o Other (.le.,. bpl.1II)
Iloer.....,. '.nonal Laav.*
. (1A4lc.t. aplllUlclon 111 ''Other'')
Pre-Approved V'C4tlon
; Bt~m=i Le.ve. lel.don to
natura ef acquelcer D.t.
e IIIIployee 1. relpOlIl1ble to ClUte tIl.. tIl. &1locted lI\IlIber of per.onal II&r' for. l1.,elI rur 11 IlOt _eded,
:nOlI It
1'0 BE cnlPLIl%ED at PIIISOIIS ~1lG PIIOnSSIOIlAL WVI
Purpo.. of La.... or Actlvll:y
It. D.t.(.) for ""lob raillburullenc rill b. requa.tllll
Loc.tlon
",cc""dinl .,.
iJ HelIber 0 Ollurver
S. Dl.tr1ct co.t. (Cgaplllllce -,&re..""t $actlca 9.01)
o Pr..fllter 0 Scudent Act. SpoII.or
S h.ve! $ Ilellltrl.lca
111101
$ Other
$ 1Ie.1JI
$ Lcdllnl :ro:w.
Hlahts COS'IS
o Omcer 0 WSEA Rep.
:nOlI tl1 :rOUI. coStS Il11EAlDOlIlh (Proful1on&1 1A..,e 0Il1y)
$ A511110.
. $ .\5H Ho.
IlA:IllllE OF II1HEIlLU:Z SUPERVISOR
D.t.
Ired .t Svltcbbo.rd1 0 tel 0 110.
OIIIIlelld.aclanl 0 Approve 0 Dt'lt>prove
Ilem&rlul.
IIAX\Jl\! OF DISI:IUct LBV!L SUPERVISOR D.te Ilelurka I
lor .\SStSUNr SUPEIlIlltEllDElIt
0_n4Iclon. 0 Approv. o Dlupprove
Ilell&rkll
1IAt\J\U\ or SUl'WIlnNIlEIlt D.ce
omend.tlonl 0 Approve o Dlupprove
.uescor fotv.rd. .ll three (3) ~opl" to 1medbte IIIpervhor; the .upervhor IIIb..lu .11 coplea, throuab chaMell, to
,Superintcndent. All profeuland le.ve requuU are .cted on br the appropriate .....iat.nt Super1DtelldCllt.
.lcvlna actIon on requ.at. white - per.onnel. yallav - tmmedilta Supervllorl pink . Eaployee
VEST SHORE SCHOOL DtSntC1!
lMPLOYEE STATUS REPOR.T
Year: 1991.92
The purpose of this report is to comply with Section 4.01 of thi. Agreement
and, while it does advise tho employoe of current work aslipent., it 1.
not an employment contract.
NAME:
BUlLDING(S):
DECREE RECORDED:
SALARY ON SCHEDULE: $
SALARY STEP:
P:XTR.A nUTi' AS SICNMENT (S)
EXTRA DUTY ASSIGNHENTlS)
EXTRA nUTi' PAY
....
$....
....
$....
$....
$....
$......
....'~ .
'.'
....
....
Appendix B
1
ws, nOllE ReHOot btSn.!C't
n4PL0YEE STA.TUS tl!POR.T
Year: 1992-93
The purpos. of this ~eport 11 to comply with Section 4.01 of this Ap:.emollt
and, whlle it doe. .dvile the employee of current work assipena, it is
not an employment contract.
NAME:
BUILDING(S) :
DEGREE llECORDED:
SAL\RY ON SCHEDUU:: $
SAL\RY StEP:
pTRA. DUTY ASSIGNMENTlS)
EXTRA DUTY ASSIGNKENTlS)
EXTRA DUTY' PAY
....
$....
....
$----
$----
$..... .
$ "" ".."
,.... ..
'.- .
....
....
....
Appendix II
it
WEST SHORE SCHOOL DISTRICT
mG'LOYG S'l'A'1'tJS REPO!!.'l'
Y.al:: 1993.94
Th. purpose of this report 18 to comply with Section 4.01 of this Agreement
and, while 1t do.. advise the urploy.. of currellt work assignments, 1t 18
not an .mployment contract.
NAME:
BUILDING(S) :
DEGREE RECOIUlED:
SAlARY ON SCHEDULE: $
SAUR.Y STEP:
EXTRA DUTY ASSICNMENT(S'
EXTRA DUTY ASSIGNMENT(S)
EXTRA DUTY PAY
.....
$....
$-- ..
$----
$..... ','"
$ >...
...... .\
~ ,
....-
Appand1x B
.. .
.\
I' o...j .., - -.... - ~"'"' -.""'-
~;__ _~~I ~n_I'~ ~~n__~ -~.~..
ro..:.",
WES'I SHORE SCHOOL DISTRICT
Grievance Form
Step 1
NOTICE: Thi. Grievance Form IllUst be completed fully and legibly and
presented.in compliance with the time requiraments for each step at
which it is presented.
Name of Grievant Cs)
Date of eventCs) upon which grievance is based
Location of event Cs) upon which srlevance is based
School to which Grievant is assigned
Name of Principal of .chool to which Grievant is ..signed
Name of Grievant's Building Representative
Has Grievant notified Grievanc's Building Representative of filing of
grievance?
SectionCs) of Agreement upon which grievance is based
Statement of events giving rise to grievance:
;" .......
.'
Relief Request~d:
Date Filed
Signature of Grievant
Received by:
Date
Time
Signature of Administrator
By Board:
Datil Presented
Disposition, if any
Signature of Board Representative
Appendix C-l
i
Gdevance Fom
WEST SHOD SCHOOL DISTRICT
Step 2
I am presenting a grievance pursuant
~o Procedure Scep 2 of che Agrelmeuc.
Name of Grievanc(s)
Dace Grievance Filed
Statement of evente giving rise to grievancel.
*NOTE I
If more than one grievance hat been filed, identify specifically che
griev~ce being presented under this step, co include Sect1on(s) of
Alreement upon which adevance b based.
Dace Filed
Signature of Grievant
Received by:
Date
T:l.me
Signature of Superintendenc
;:
. . ~
.~- ..~: .
By Board:
Date P1'llsented
Disposition, if any
Signature of Board Representative
Appendix C-2
11
WEST SliO\u; SCHOOL DISTRICT
Grievance Form
Sup 3
I em p1:..ant:!.ns a ad.evance PU1:SUlU1t to
Procedu1:e Step 3 of the Agreement.
!IIIII of Cdlvant (s)
nate Grievance Filed
Statement of events givinS 1:ile to grievance:*
*HOTE :
If more than one grievance has been filed, identify specifically the
81:ievance being p1:elented unde1: this .tep, to include Section(s) of
Agreement upon which grievance is based.
Date Filed
Signature of Grievant
Received by: Dat'e
Signature of Board Reprasentative .'
. ..
f...,..
.. ....
Time
By Board:
Date Presented
Dispo.ition. if any
Si;nature of Board Representative
Appendix C-3
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lI!GOTlATED IXTIA lIUTY ASSIGlIIEIITI
DIIl1ICT POSITIONS OIYI 10. PEl
POSITICII . CWSTII IUILOING
OIYI 10. ,EI
I'ClII1I CII C1.USTD OISTllef
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c..nceul- Olr.ct.... 1114 , Oobet. .
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orlwr Efb:lelClll t OcporlMnC hid - 11/16
__ I_lea I r,.1I111 t
L1brory , '''''1111II I.ar4UIge ,
Multh Some" I GuIdance t
IUlc I IltlICll/P.hyl. Ed. t
OM,. eooch 1/9 I IIIm_Uc. ,
SpeClel OI,..,lc. Coord. 1/11 , Soclll scudl.. t
IIaI' of hthl.... 111117 I Ocporc.nC H.1d - 11116
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Sel enc:e t
SlMIOll HIGH SCHOOl. POSITIONS Field Hockey C...dl -
Mud 116 t
DIYI MD. PEl auhune IlIa I
POSITICII ClUSTEI IUILDING Fres/lllln 1/9 ,
FoocllIU CoaclI .
Hlld 1/2 t
Arl \lClrk Dlreclor 1/1' I AulsCllll liS ,
Athleclc Equlpoent Nonager 1110 , FrtaMlll .. 1110 :s
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AI.odlovhUlI Coordlnal.... "" , G)1nlCica COIdI .
lUebe U Coech - Held. 116 ,
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AI.laclllc Glrla 118 2 DI~tCK" IIZ 1
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thterleecllrG . l..tN:C1llN11 Aue. 1/10 S
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IOIDI IIGII SCIIOOC. POIITIOIIS (cantlrud) IlIDOLr SClIOOL POIITIClII
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Idlool tt_ Adwllor 1114 , ",.Iulnt IoyI 11'2 ,
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Adwl_ 1/10 I l/lItNeclen) 1111\7
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IIEST SHOM SCHOOL DISTRICT
EXTRA DUTY POSITION EXPERIENCE INCREMENTS
ror person. occupy1n1 extra duty po.itions in the Clusters 1 through 16 thar.
ahall be four (4) on.-tLm. only lonlevity increments as followsl
A. Commencing with the 1988-89 Ichool year, employee. completing two (2) or
more conlecutive year. of previous experience in an extra duty position
ahall receive an increment equel to seven percent (7%) of the appropriate
year's Clu.tar baa. value, as applicable.
B. Commencinl with the 1988-89 school year, employees completing five (5) or
more cOD.ecutive year. of previous experience in an excra duty poeition
ehall receive an increment equal to ten percant (10%) of the appropriate
y.ar'. Cluster ba.e value. as applicable.
C. Commencing with tha 1988-89 .chool yesr, employee. completing eight (8)
or mora consecutive years of previous experience in an extra duty
poait10n .hall rsceive an increment equal to fif~een percent (15%) of the
appropriate year'. Clustar base value, as spplicable.
D. Commencing with the 1989-90 .ahool year, employees completing eleven (11)
or mora conaecutive years of previou. experience in an extra duty
pOlition ahall receiva an increment equal to tventy percent (20%) of the
appropriate year's Clultar base value, as spplicable.
The f0r810ing notwithstanding, longevity increments. shall be reduced or not
paid in instances in which payment of all or part vould cause the employee to
receiva mora than the Cluster value (plus any approved longevity increment)
tor the po.ition occupied.
AppendL-c E
vii
__..__r
- - .- . ...
. .--
...- .
WelT IMORE /CHOOL JJI/TRICT
Iii
EXCELLENCE IN EDUCATION. . .
A WEST SHORE TRADITION
Novellber 9, 1990
Mrs. Marcia Luetzelschvab
Pradd.ent
Vest Shore Education Aaaociation
l750 Valley Road
Etters, PA 17319
Dear Karc1a:
As you are avara, our letter to you dated October 19. 1990, contained a proposed
early-bird contract .ettlement. The letter containing the early bird proposal
va. di.cu..ed at a q.S.!.A. general lIembership lIeeting Oll Octobar 25. Following
that lIeeting, you indicated to the Board. ehat ehe membership v.nted ....to seek
clarification and pur.ue the Board'. proposal.'
On November 1, 1990, e lIeeting va. held vith the express purposa of clarifying
anel pursuing throush e roundtable dbcuuio.lI fomat. As a result of the
roundtable discus.loDJ and di.tus.iona held &Song the Board of Directots (Nove~-
ber 8, 1990) a 'clarified' early bird. i. being offared.
As stated. in our e.rlier letter (October 19, 1990) to you, it would be a great
rellef for all partie. if ve could bring to clo.ure all of !:he oueseandlng and
future financial i..ue.. It would be 1I0.t beneficial to .ettle the early bird
and !:he long term .ubatituee i..ua now, .0 !:hat we can .pend the next three years
foc\l4ing on the needs of our .tucl.ne. .. a united. teu.
In order to achieve thi. goal, the Board is villing eo enter into all early bird.
.ettltllent that would provide an average vage locrea.e of $lO,600 over the nexe
three yeara, The distribution of ehe $10,600 i. detailed in the salary schedules
identified a. 'Attac~nt A.' As you are avare. this 1I0netary settlement is
based upon the recently concluded settlellent in the Cullberland Valley School Dis-
trict.
L.\RR'l .... s...nE
.iu.P'MUMUC
H. H. FlSKELSTOS
1000 HUMMEL AVENUE · LEMOYNE, PA 11043.1739
Phone (717) 763-7101
PA!dELA L IA~'
'PrtJiJ"t1 ., tAl .,""
D'" VIO Eo FRASl
~__'I'O"""",''R..'
. .
1Ir.. Karcia tuatu lachvall
Koveabsr t, 1990
'ale 2
.
Tbb .eccllMnt would 1nclude a 251 incr.... 1n ehe I.D.a. cOIlp.nll&don O"nr the
thr.. y..r pedod. Tbe 251 mcn... is appU.d eo the 1990-9l b... salad.. 1n
the follovinS uonu:
1991.92................. .11
1992-93. . . . . . . . . . . , . . . . . . ax
1993-94........ . . . . . . . . . . .91
The E.D.1. sch.dule. for the thre. year. are deeailed in "Aetachment B."
The group life insurance would b. incre..ed froll $20,000 to $30,000.
The folloving itelllS would be added to enhaDc, the h~spitaH:z:adon insurance:
* r..pir.tory th.rapy for inpatient and out~atient service;
* dependant .tudent. will remain .ligible for insurance until
ase 2S (up fro. age 23);
* lifetime ...imua for major medical increased from $500,000
to $1,000,000;
* and lnpaeient .edical day. increaled from 120 days to 365 day..
As has been indicated to you prev1ously, the profes.ional staff could suggest no
more than cwo ch&lI5u in \lOrding e. eopics for the early bird; ai.ilady, the
Board could .ulle.t no .ore than evo change. in vordins as topic. for the ..rly
bird. It i. the Board'. int.nt to .ugS..t no wordins ch&nses unles. the V.S.E.A.
reque.t ch&nSIS in vordins: the Board'. nwaber of subaitea1a vould equal the nUlll-
ber submitted by the union, to . maxi=um of evo (2) .ach.
In regards to the internt expressed by the .e.ff in p.yment for ,ccUlllulated sick
leave, the Board would be villing to discus. that it.. .s one of the union's
vording chang... If you choose payment for accumulat.d .ick leave as a vording
chans" the Boerd would con.id.r the ite.. vithill the param.ters d.tailed in "At.
tachm.nt C."
As mentioned, it i. the hop. of the Bo.rd that no vordins chans.. vill be pro-
pond. If it b.co.... necessary for the katd to propole vordina ch.nges, the
Board vould le.n favorably tovard additional day. (Ieudent and t.ach.r) and ad-
ditional tiM added to tha t.ach.r work t1&y.
There are .o.a logi.tical wording chanse. n.c.S..ry vithin the Agreement to pro-
vide proper dat.. and other foru of updating. The.. changes vould. noe be
considared wording chan," for either the V.S.!.A. or Board. The losistical
chang.. an contained in "AttacMane D."
Hre. Kuala Luetz.lachvah
.ov.~~ 9, 1990
'aCI ,
Th. loard bIU..,.. thae thl eeeel_nt of ch. 1011I Cera IUb.Ucute luUl, AI pare
of thl eafly bltd propo..l, provld.. a unique OM eiM opporcun1cy to. put thl
paac blhll14 UI aNi co ccmaldar&bly bd&hcan the futurl.
Acclpeanc. of chi. eoeal packaCI .. 'Ieel,..ne of a p..t i..UI anel a .Itelemane
for poelntial future IUUle wf,ll a..ure our t,achen, .cudene. ancS panntl puce
of .1114 for the nixe threa y,arl. If va do noe .dzl !:hI. opporeun1cy nov, le
. could bl laic foraver. V. rallUlIt that you dlledbutl a copy of chb eltel'lIIll1C
(VI arl provi4in& you today wich 510 copiae of the ....) to lach of your aembers
anc! dlscuII it rich your fellow prole..ionala ae your ...einS schldult4 lor
Novellber 14, and advlla \II 'll\achar you daal.ra to join UI in the .ffore to achbva
. bdshe aNi paaceful future for the y..r. co C01II in our Vut Shon School dh.
edce.
Sincerely,
~., I' (/'
. .
., . .~ '.
,qr.:.,,:;l..',. ,/~7.n'~
I'llIlela L. 1oiiii
I'rul.dene
Board of School Director.
~~fiL2#/~
Larry sayra'
Super eandanc of School.
-
CIII
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Attachment A
WEST SHOl! SCBOO~ DIstRICT
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Attachment C
Optional Coap.u.atlon U901l IAtlre..nt
It .l.oe.d in lieu of any .11S1bl. ben.flta of r.tirement un6tr the exi.t1ns ..e.
clona 9.08 Ind 9.09 of the cuxnne Coll.ctlve llarldn1nl Aln8llllnc. upon
retlrell.nt, full dlle '1Ip1oye.. in acdve .emce who have ..rved West Shon
School Dlltrict for at 1.llt ten (10) Y.lrs Ihall bl .neltled to additional COli-
peu.atlon to be computed by lIultlplylns .. follow.:
For 1991-91: one-third of the nUllber of .Ild Imploy"'1 UDus.d
accWlUlat.d .1ck leeve day. - not to .xc..d 130
day. - by the 1990-91 dally .ub.titute teach.r p.r
d1e1l rlt..
For 1991-93 and 1993-94: evo-chlrdl of the number of laid .mploy....
unused Iccumulat.d .ick leave day. . DOt to
.xceed 200 daye . by tha per diem rat. of $100.
Exceptills.the .uperannuat10n/dis.bility/increllent formula, the same stipulations
enumer.ted in s.ction 9.09 ,hall apply to this option. To qualify for this COli.
pensation the ellploy.. Ihall not b. bu than 55 yun of 'S' Oll ch. June 30
1=II.diaelly lublequent to the .lIploye... final acadelllc lelle.ter.. defined in
..ction 9.08. turth.r, thl conditiou. outlin.d in 9.08 (a) and 9.08 (b) .hall be
applic.bl. to thl. retirellent bell.fit.
'. ;',
,t'", ",
weST SHORE EDUCATION ASSOCIATION
P.O. Box 229
Ettert, PA 17319
To: Larry Sayre
From: Marcia Luetzefschwab
Tel.: 717.938.3685
Date: October 16 ,1990
4'ov
~,
'19~
LONG-TERM SUBSTITUTE . POSSIBLE SElTLEMENT
DEFINITION:
MY teacher werking 80 days over two consecutive semesters in one assignment.
cr on. semester in one assignment, would be considered a long term substiMe. If
the assignment is expected to fast fa' that duration, long term substitute pay would
be initiated at the be9nning of the assi91ment. When an employee achieves that
status of long term substitute by vrtLre of meeting lhis definition. pay would be
made retroac:tlve if pay had not been made at the long term substitute level
previously. Substitute wcrk in day-Io-day jobs would not be included in meeting
the definition.
eeNEFITS:
..
After the definition of a long lerm substitute is accepled by bOth the district and the
usociation, those Individuals that meel the definition are to be included in the
bargaining unit rel7esented by the association and. thereby, entitled to the
benefits p-ovided by lhe applicable eoUec:tlve bargaining ageemenl
Salary (based on Slep 1 of contract ageed salary schedule fa' each named year)
(reb'oac:tlve 10 Api119. 1984)
1983-84
1984-85
1985-86
1986-87
1987-88
1988-89
1989-90
1~91
1991-
80%
85%
90%
95%
95%
100%
100%
100%
100%
'.
Other benefits:
Ben.llts, other than salary, would not be retoacllve. exceptions would be unused
PerSCltIal leave and $/= leave to cmy over it subsequentiy hired by the cistlct as
either a long term substitute or full-time employee.
longevity:
The e5sll'ict would recognize its CUTent peRcy 01 stepping up long term substitutes
by .geeing that:
a) A long term subs1itute would be advanced one "step" on schedule after \Wo
semesters of servic.; and
b) A long term substitute's experience in werling fer the District would be
recognized in placement on the step sehe<iJle when and it a contact is
awarded.
Implementation:
a) The Association will be supplied all data and any calculations as to payments
. owed to individuals as a result to this settlement ~or to actUal payment
and will give input to faaTrtate the implementation of the ageement
b) All payments of back monies owed to incividuals as a
conse<;uenc. of this settlement shall be made in a single lump sum
payment to be paid within 60 days of the date of the execution of a Settlement
Ageement er In two equal amounts over a period not to exceed one
year after the date of Settlement The individual being paid wiD choose the
method of payment
c) The provision of any Settlement Ageement shall be considered as
an amendment to the CUlTent CoRectlve Bar~ning Ageement
b.\Ween the two panies fer the Mose of identifying wages,
hOlZS, and wating COllations of long term StIbstiMes.
d) Arty Settlement Ageement
gievance procedl.re 01
Ageement.
is $\Ibject to enf<<cement ttv'ough the
the CUTent Collective Bargaining
WEST SHORE
SCHOOL DISTRICT
WEST SHORE
EDUCATION ASSOCIATION
MEMO OF UNDERSTANDING
RE:
LONG TERM SUBSTITuT!' TEACHER SETTLEMENT
A. DEFINITION OF LONG TERM SUBSTITUTE TEACHER
Any teacher workins 80 days over two consecutive semesters in one
assignment, or one semester in one assignment. would be considered a long
term substitute. If the assignmene is expected to last for that
duratioll, long term substitute pay would be initiated at the beginning of
the assigDlllent. When an employee achieves the status of long term
.ubstitute by virtue of muting this definition, pay would be made
retroactive if pay had not been made at the long term substitute level
previously. Substitute work in day-to-day jobs would not be included in
meeting the definition.
B. SALARY AND. BENEFITS DUE A LONG TERlof SUBSnnTrE TEACHER
Individuals that maet the definition of long term substitute teacher
shall be included in the bargainL~g unit represented by the association
and, thereby. entitled to the benefits provided by the applicable
collective bargaining agreement.
1. Salary: shall be based on Step 1 on the appropriate level of the
contract agreed salary schedule for each named year, retroactive to
April 19, 1984.
1983-84.............80% of appropriate level for 1983-84
1984-8S.............85% of appropriate level for 1984-85
1985-86.............90% of appropriate level for 1985-86
1986-87.............9S% of appropriate level for 1986-87
1987-88.............95% of appropriate'.level for 1987-88
1988-89............100% of appropriate level for 1988-89
1989-90............100% of appropriate level for 1989-90
1990-91............100% of appropriate level for 1990-91
1991---............100% of appropriate level for 1991---
a. Longevity: the district shall recognize the current practice
of stepping up long term substitutes relative to the following:
1) A long term substitute vould be advanced one "step" on
schedule after tvo semesters of service; and
2) A long term substitute's experience in working for the
District would be recognized in placement on the seep
schedule when and if a contract is awarded.
2. Other Benefits: benefits, other than salary, would not be
retroective. Exceptions would be unused personal leave and sick
leave to carryover if subsequently hired by the district as either.'
a long term substitute or full-time employee.
Page 1 of 2
MEMO OF UNDERSTANDING. LONG TERM SUBSTITUTE TEACliER SETTLEMENT, con' t.
C. IMPLEMENTATION
Th. Aaaoc:l.ation shall b. supplied all data and any calculation. a. to
paym.nts owed to indiv1duals as a ruult to this ..ttlament prior to
actual payment and will give input to facilitate ths implementation of
ths agreem.nt. .
All payments of back monies owed to individuals as a consequence of this
s.ttlement .hall ba made in a single lump sum payment to be paid within
sixty (60) days of the date of the execut10n of a Settlement Asreement or
in two equal amounts over a period not to exceed one year after the date
of Settlement. The individual being paid shall choose the method of
payment.
The providon of any Settlement Agreement shall be considered as an
amendment to the current Collective Bargaining Agreement between the two
parti.s for the purpose of id.ntifying wases, hours, and worltiD&
conditions of long term substitutes.
Any Settlement Agreement is subject to enforcement. tbrough tbe grievance
procedure of the current Collective Bargaining Agreement.
By:
Pamela L. lams. President
WEST SHORE SCHOOL DISTRICT
Date
ATTEST:
David E. Frantz, Board Secretary
WEST SHORE SCHOOL DISt1l.ICT
Daee
'"'\
,~ ,"
(SEAL)
By:
Marcia B. Luetzelschwab, President
WEST SHORE EDUCATION ASSOCIATION
Date
ATTEST:
George L. Labecki, Secretary
WEST SHORE EDUCATION ASSOCIATION
Date
(SEAL)
..
Page 2 of 2
DEC-28-9S TUE 8:43 WEST SHORE SCHOO~ .DXST.
p.eT
.
136 Lust Avenue
Highspire, P A 17034
September 28, 1993
Dr. Jean M. Dysze1
DiIec:tor, personnel
West Shore School District
srn Fishing Creek Road
New Cumberland, PA 17070
Dear Dr. Dyszc1:
Please accept my retirement as an employee of the West Shore School District, effective
June 30, 1994.
My retirement is conditional upon the Board granting the early retirement incentive
(Article 9.08), superannuation increment (Article 9.09), and Medical/Hospital Retired
Employees (Article 10.0) as stated in the Collective Bargaining Agreement.
Thank you for your consideration.
Sincerely,
~tJ~~
Samuel J. -Santeusanio
EXHIBIT "B"
DEc-2e-93'
TUE
e:42 WEST SHORE SCHOOL
. .
DIST.
P.06
*
We~1 Shore School Dis)"cf
507 Fishing Creek Road . Lewlsberry, Pennsylvania 17339-9411
.
Excellence in Education. . .
A West Shore Tradition
Oceober 22, 1993
Kr. Samuel J. S"nteusanlo
Red Land High School
Dear Kr. Santeusanio:
Ae last evening's meeting, the Board of School Directors accepeed your let.
ter of reeirement to be effective June 30, 1994. The Business Office will
proceed to equally increasa your remaining paycheck. to include tbe total
amount of $S.336.73 for tbe superannuaeion provisions of the Agreement, Sec.
tion 9.09. As you knov, tbi. increase is based Oll tbe number of years of
service tbat you have bad in tbe Vest Shore School District. Also, in ac.
cordance vieb the Agreement, Section 9.08. the Board approved tbe payment of
a Retirement Incentive ill the amount of $4,000.00 which will be paid in full
on the final paycbeck of June.
On behalf of ehe Board of School Diractora and the Administration, I vant to
ebank you for the years of service and dedioaeion you have given as a
teacher in tbe Vese Shore School District. You bave made a contribution to
ehe lives of those you bave come in contact vith, and I lllIl sure they join
with me in visbing you mucb happiness in your retirement.
~~.,~.,.~ dr--
Larry ayre
Superi endent of School.
njb:llETIRE
pc: Hr. Breigbner.RL
Personnel FUe
EXHIBIT "e"
LARRY A. SAYRE
S"""inJ.lll!efll
H. H. FINKELSTON
D,p_"! SIIp"inJ.nd.fIl
...U....N l.. THRlI!:H
Direct all correspondence to:
507 Fishing Creek Road . P. O. Box 803
New Cumberland, PA 17070.0803
- PnnnA~ l11n 938-9577
HARR.' L. MESSICK
P,,,id.1Il <l1~ 8o<vd
GARY A. SMITH
S"",dary lD the BOGr~
FEB-14-94 M6H 11:4~ WEST SHORE SCHOOL'DIST.
P.02
West Shore School District
501 Fishing Creek Road . Lewlsberry, PennsylVania '7339.9411
Excellence in Education. . .
A West Shore Tradition
February 14, 1994
Mr. Samuel J. Santeusanlo
136 Lusk Avenue .
Hlghsplre, PA 17034
Rs: Medical Excuse
Dear Mr. Santeusanlo:
The purpose of this letter Is to respond to your physician's most recent statement regardlng the
status of your health.
The District requested that its physician examine the substance of your physician's medical
status report. The District's physlclan's conclusion was that the medical evaluation provided by
your PhysIcIan was Incomplete. Since your doctor has determined that your problem has no
physlca organIc foundation, It is apparent he believes your Illness to be a mental disorder or
psychological in nature. It has been preliminarily determined that moderate anxiety depressive
neurosis does not meet the terms of psychiatric diagnosis of the Dlaonostic and Statistical t;1anual
01 Mental Disorders (DSM-III-R). Therefore, since you are claiming a mental disorder, it is
approprlat') that you submlt yourself to psychiatric evaluation. Therefore, the District will
suspend your sick leave pay until such time that It has sufficient Information to determine your
entitlement to sick leave. Suspension of your sicK pay compensation will result In the cessation
01 your contributions to the PSERS, Social Security, and your tax shelter annuity. Similarly, the
district will also not rpake contributions to the PSERS and Sodal Security.
In order to determine your entitlement to sick leave, the District respectfully requests access to
your medical records. Access to your medical records will enable the District's physician to more
thoroughly evaluate your medlcal condition. The District also respectfully requests that you
submit to 8 medical examination by the District's physician so that he may determine your current
medical condition. If you cooperate with the District in providing access to your medical records
and submit to a medIcal evaluation by the District's physician, your sick leave pay will be
reinstated retroactive to the date of the suspension of the same.
It Is noteworthy that your physician Indicated in his medical status report that your prognosis for
recovery Is excellent but you are unable to retum to your previous duties. The District Is willing
to assign you to professional duties other than your previous duties. The District contends that
this reassignment to other duties would enable you to return to work even under the advice of
your own physicIan. Your relusalto consider an allernatlve work assignment consistent with
your physician's opinion will be considered as an independent basis for the District's denial of
your sick leave pay.
continued...
EXHIBIT "0"
Direct ell correspondence to:
507 FIshing Creek Road · P. O. Box 803
-. . . . -. . -...-... -,,^...
HARRY L. MESSICK
P,esUJtnJ of 1M Board
GARY A. SMITH
LARRY A.SAYRE
SvptriNt",unJ
u IJ C'NIl1:" li:Tt'lN
FE"B-2e-...4
FRI
16 =,.le WEST S
, HORE SCHOOI-,D I ST.
p.0a
WIS! SHORE SCHOOL DISTRICT
Grievance Form
Ste!) 1
'tbi. Grievance Fom mu.e be completed fully and legiblY and prcsented in
co~liance with the time requirements for each .tep at which it il presented.
Name of Grievant(a) .sa."",~(.\ <;....""+~45a"'i..
Date of evellt(a) upon vhich grievance is based w.I::.,........,'l I '"it 1''1'-/
Location of event(.) upon ",bich grillvanCe 11 baaed A'(_I....':I~~""" ~....;..ldl'1
School eo which Ctievant il asa1gl1ed ~ Lu..a Sr.l<h~c.. (~ 1!.iJ..c#" d.:{~
Name of Principal of school eo vhich Grievani: is aseigned ~(,-t y l. l3~c, j L..'1.er
Nallle of Grievant'. Building Repruelltative 'J:e IS e e b 0-.1. c.~
Bas Grievane notified Grievant's Building Repreaentative of filing of grievanccl
yes
Section(.) of Agreemenl: upon vhlch grievance is based 3. oS Co. 0 0 . g :CJ'f. . 7. 0.3
'1,f)~; /f.O~'{r,oi j 1~,t:9 J.I ' J
Statement of events" g ving rIle to gr1evant;.e:. .
S.tl< f"7 ",," I.I<<~ k ,_." tr./ d<s", I<- h'."j f~' -.u..,( ".".... b!
PWr-L-'l~ s~t......~ Jt:tr.""-';'c,,/ 10., UMfro.C.r' w.c.d..cc..e. e,\'Q..\M. reB.....'..co{
'oCA.f~ ~ ~1....1l;.h"f ~ "-~.cI i '. ~ .
Relief Requested: r oIVIl\I\~ ~~ ~ ~IA.~ 1 Stell. f"J .
Date Filed ~rv..c.w'l.;1/.' 9') 1.../
~~,I.I/,~4~<<', li~t.
". 5i nure of Crievant
Received by:
~. ~ lflX
Sig ture of Administrator
Dater2-;}1-91' Time J; :1../
By Board:
Date Presented
Disposition, if any
Sisnature of Board Representative
EXHIBIT "E"
FEB-2l5-904
FRl
16:16
WEST SHORE
-
SCHoor ~D 1 $T.
p.e4
., ,..-
.... '''-''
-. .
\IES't SHORE SCHOOL DISnucr
Grievance form
Step 1-
I .~ preeeneing a srievance pursuane
to Procedure Step 2 of tha Agreement.
~Ii"\.u..& ~ Stt",+~USQ..""'I'~
Fe.R1r~l '2-1 , l rr i
Stataien~ of avenn siving dse to gdevanca:~ S,LL ~ \..AJCI,S. .
+<"'\M.I~ ..."", ~ /1\CMIl''''j pfVv-uL...I rC''f' ..I fw,sIu-'\. '
""".; .c:.. ~ ...,J,~-4 ,,,.....1- y .ide ""'-"<- t-f"'<.( .... ".<(.:t;z,/
"I.. -e.v'V.... \I.':'~ ~19 J 3,OS/ (,,&cJ; i.oe(' ;;,'-'3; 9'O~' /'i,o!;'.,'i.O!
\) o-.-l .Ii. "7. ~ ~"
*NarE: If 1II0re eban one Srievance has bUll filed, identify specifically tha grievance
beins presented under this step, to include Section(e) of Agreement upon which
arievance i. balled.
Jame of Crievant(.)
Date Cdevance filel!
Date rUed
ViI-
.... .
;:-:l fro ;; Y; I f7 Y
c.:., /i!tc~' /yl"';"'/
. .J~L-I,~d~;~~
/ e . 01: arlevaulO
Date
'tiDIe
tleceived by:
Signature of Superintendent
By Board:
Date preaented
Disposition, if any
Signature of Board lepresentative
"
."
MAV- ~-9~ THU 1~:0~ WEST
04/11/84 11:10 FAX 412 281 4611
SHORE SCHOO~.DXpT.
S1'EIlLE . HOFfJlAN
P.02
1ZI001
STEELE & HOFFMAN
IOllOUtH S'R!EI'
1l~.pDM'tl)lA1MlllOl
11UPHClllIl (IIn U14111 . fN:S1MIU 1117llJMAIO
I'It'DIUIGH
4111R1CK.UI1DING
PI1TIIUIl:IH. "'- IUI'
.4121 UI-4411
110'........ -14111 UI-4I11
IIUCIlS c:cx.mr
III L lI.nunamr.1UII1l1l0
guM......NIt, w..1II1.
Q." .IMI>>
~....~ Itll) lMoAZZ
~E.S'lUU
~Itt&4\loO
April IS, 1994
Tho,""" W. Scott. Bsq.
I<l1IIm A Gephart
218 PiDe StRiCt
P.O. Box 886
HaJrisbur& PA 17108-0886
RE: Samuel SlUIteuSllll!o
Dear Mr. Scott:
Tho purpose of this letter is to acknowledge Mr. Santeusanio's return to work uul to
refbnnulatl the basis of'lhe parties' understandil!g re~ni die conditions UDder which
Mr. Santeusanio did retum to ,work. Tho West Shore School Distric:t will issue. checlc to
Mr. Santcusanio reprr-nrins his sic!t leave from February 11, 1994, until the preseut coinCiidcut
with Mr. SanteUSaDio gfllylng his signature to this letter on the line provided below evidencing bis
settlement of the grievance filed In connection with the Dlstrict'i withholding ofbis sick leave.
As soon 15 Mr. Santeusanio presents a signed copy of this letter to the Dlstrlct, he will be
ismcd a chcclc in the amount of1us unpaid sick leave.
Sincerely yours,
~~~~
Charles E. Steele
CES:jr
AJ:) ="-I'J.'J$U AND AGREED TO:
A4f/U~J itn..,d.V-)
.r Samuel San io
Date: April L 1994
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE SCHOOL DISTRICT,
CIVIL DIVISION
Plaintiff,
No. 94-2620 Equity Term
Judge Bayley
v.
PRAECIPE TO DISCONTINUE
WEST SHORE EDUCATION
ASSOCIATION,
Filed on Behalf of West
Shore School District,
Plaintiff
Defendant.
Counsel of Record for this
Party:
Charlcs E. Steele
PA I.D. # 3658
Nancy A. McCann
PA I.D. # 61043
STEELE & HOFFMAN
107 South Street
Harrisburg, PA 17101
(717) 232-2277
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE SCHOOL DISTRICT,
CIVIL DIVISION
Plaintiff,
No. 94-2620 Equity Tenn
Judge Bayley
v.
WEST SHORE EDUCATION
ASSOCIATION,
Defendant.
PLAINTIFF'S PRAECIPE TO DISCONTINUE
PROCEEDINGS PURSUANT TO PA. R. C. P. 229
TO THE PROTHONOTARY:
Please discontinue, without prejudice, this actipn as to all defend~nts.
,j'l /fl.'
~ J ./\,.. [f,il
Dated: July 21, 1994
. .
. .
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Praecipe to
Discontinue has been served upon Thomas W. Scott and The Honorable Edgar B. Bayley by
Federal Express Mail, postage prepaid, this 21st day of July, 1994, at the following
addresses:
Thomas W. Scott, Esquire
Killian & Gephart
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
The Honorable Judge Edgar Bayley
Courthouse
One Courthouse Square
Carlisle, PA 17013
J] 6" (Fh L
Charles E. Ie
P.A.I.D. # 3658
Nancy A. McCann
P.A.I.D. # 61043
STEELE & HOFFMAN
422 Frick Building
Pittsburgh, PA 15219
(412) 261-4411
Attorneys for Plaintiff.
JUl 22 199iJv
STEELE &. HOFFMAN
4U FRICK BUlLDINO
P\TI'5BUROH. PENNSYLVANIA U1I9
nurHONE (4111161-1411 . fM.'liIMlLE (4111161-4511
HARlUSBUlIG
107 5Ol1IlI STIIEIrr
HAIUUSBUIW. PA. 17101
(7171111.1177
fACSIWlLE (7171I11.I04O
BUCK!I COUNTY
117 S. f\FI'H STIIEIrr. SUITE 110
QUAl<El\TOWN. I'A. 18911
(lIl) 118-1110
FACSIMILE (lIlllla-llll
NANCY A. McCANN
ATTORNEY AT Ut.W
July 21, 1994
The Honorable Judge Edgar Bayley
Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: West Shore v. West Shore Education
Association. No. 94-2620
Dear Judge Bayley:
Enclosed is a copy of lhe Plaintiffs Praecipe to Discontinue, regarding lhe above-
captioned matter which was filed wilh lhe Prolhonotary lhis date.
Thank you.
NAM:agm
Enclosure
cc: Thomas W. Scott
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE SCHOOL DISTRICT,
CIVIL DIVISION
Plaintiff,
No. 94-2620 Equity Term
Judge Bayley
v.
PRAECIPE TO DISCONTINUE
WEST SHORE EDUCATION
ASSOCIATION,
Filed on Behalf of West
Shore School District,
Plaintiff
Defendant.
Counsel of Record for this
Party:
Charles E. Steele
PA 1.0. # 3658
Nancy A. McCann
PA 1.0. # 61043
STEELE & HOFFMAN
107 South Street
Harrisburg, P A 17101
(717) 232-2277
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE SCHOOL DISTRICT,
CIVIL DIVISION
Plaintil1:
No. 94.2620 Equity Tenn
Judge Bayley
v.
WEST SHORE EDUCATION
ASSOCIATION,
Defendant.
PLAINTIFF'S PRAECIPE TO DISCONTINUE
PROCEEDINGS PURSUANT TO PA. R. C. P. 229
TO THE PROTHONOT MY:
Dated: July 21,1994
..
.
-
.
-.
.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Praecipe to
Discontinue has been served upon Thomas W. Scott and The Honorable Edgar B. Bayley by
Federal Express Mail, post,lge prepaid, this 21st day of July, 1994, at the following
addresses:
Thomas W. Scott, Esquire
Killian & Gephart
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
The Honorable Judge Edgar Bayley
Courthouse
One Courthouse Square
Carlisle, PA 17013
J) {eLL {f)l ~
Charles E. Ie
PAI.D. # 3658
Nancy A. McCann
PAI.D. # 61043
STEELE & HOFFMAN
422 Frick Building
Pittsburgh, PA 15219
(412) 261-4411
Attorneys for Plaintiff.