EAU CLAIRE SCHOOLS CLASSIFIED STAFF FEDERATION

LOCAL 4018

BILATERAL AGREEMENT WITH

EAU CLAIRE BOARD OF EDUCATION

July 1, 2002 - June 30, 2004

ARTICLE I - PREAMBLE

Section 1.01 - Execution Date

This Agreement is entered into this 1st day of July , 2002_, by and between the employer, the Board of Education of the Eau Claire Area School District, hereinafter referred to as the Board, and the employees, the Eau Claire Schools Classified Staff Federation Local 4018, AFT-WFT, AFL-CIO, hereinafter referred to as the Union.

Section 1.02 - Intent

The intent of this Agreement is to set forth and record herein the basic and full agreement between the parties on those matters pertaining to the wages, hours and conditions of employment for support staff personnel included in this bargaining unit.

The Union and the Employer agree that the language of the Agreement shall be interpreted and applied in a manner consistent with the requirements of the Americans with Disabilities Act. Any disputes that arise under this paragraph shall be resolved in accordance with established procedures of the American Arbitration Association or as the parties may otherwise agree.

ARTICLE II - RECOGNITION

Section 2.01 - Union Recognition

The Board recognizes the Union as the exclusive bargaining representative for all regular full-time and regular part-time clerical, data processing personnel and educational assistants, but excluding confidential and supervisory personnel, Head Start aides, and other restricted choice positions.

Section 2.02 - Purpose of Article

The purpose of this article is to recognize the right of the bargaining agent to represent employees in the bargaining unit in negotiations with the Board as provided in Section 111.70 Wisconsin Statutes.

Section 2.03 - Continuing Communication

Upon request of either party, representatives of the Union and Board will meet to discuss issues of mutual concern.

Section 2.04 - Scheduling Meetings

All meetings scheduled pursuant to the terms of this Agreement shall be scheduled by mutual agreement between the Board and Union. Employees shall not suffer loss of pay for attending any meetings with representatives of the Board during normal working hours.

ARTICLE III - UNION DUES

Section 3.01 - Use of School Facilities

The Union may distribute materials to its members via school mail and may post notices to members on bulletin boards at each work site. The Union may use school buildings for meetings, provided the Principal is notified in advance and no cost is incurred by the Board. The Union may also use school office machinery, provided school operations are not adversely affected, and the cost of materials is reimbursed to the Board. Work on Union activities shall not be done on paid time.

Section 3.02 - Dues Deduction

Union dues will be deducted from the paycheck of each employee requesting such deduction and forwarded to the Union treasurer. Method of dues deduction will be mutually determined by the Union treasurer and a designated representative of the Board.

Section 3.02(a) - Fair Share

The Union, as exclusive representative of all employees in the bargaining unit, will represent all such employees, Union members and non-union members, fairly and equally, and all employees will pay their proportionate share of the costs of the collective bargaining process and contract administration by paying the union dues required of all members of the Union. No employee shall be required to join the Union but membership in the Union shall be made available to all employees who apply, consistent with the Union Constitution and By Laws.

Section 3.03 - WFT Convention leave

Up to six (6) delegates or their representatives may attend the two-day WFT convention without loss of salary. Four additional people may attend using payroll deduction or compensatory time off.

Section 3.04 - Federation Days

The Union shall be granted a special bank of ten days each year, which may be used for the conducting of Union business by Union representatives. Notification that such time is to be used must be made to the Executive Director of Personnel by the Union President, in writing, as far in advance as possible.

ARTICLE IV - BOARD OF EDUCATION FUNCTIONS

Section 4.01 - Management Rights

The Board retains all rights of possession, care, control and management that it has by law, and retains the right to exercise these functions during the term of the collective bargaining agreement except to the precise extent such functions and rights are explicitly, clearly and unequivocally restricted by the express terms of this Agreement. These rights include, but are not limited by enumeration to, the following rights:

1. To direct all operations of the school system.

2. To establish and require observance of reasonable work rules and schedules.

3. To hire, promote, transfer, schedule and assign employees in positions with the school system.

4. To suspend, discharge and take other disciplinary action towards employees.

5. To relieve employees from their duties because of lack of work, lack of funds, or other good reason.

6. To maintain efficiency of school system operations.

7. To take necessary action to comply with state or federal laws.

8. To introduce new or improved methods or facilities.

9. To select employees, establish quality standards and evaluate employee performance.

10. To contract out for goods or services provided that staff is not reduced.

11. To determine the methods, means and personnel by which school system operations are to be conducted.

12. To take necessary action to carry out the functions of the school system in situations of emergency.

13. To determine the educational policies of the school district.

ARTICLE V - GRIEVANCE PROCEDURE

Section 5.01 - Definition

For the purpose of this Agreement, a grievance is defined as any dispute regarding the interpretation or application of a specific provision of this Agreement.

Section 5.02 - Purpose

The purpose of this procedure is to provide an orderly method for resolving differences arising during the term of this Agreement. A determined effort shall be made to settle any such differences through the use of the grievance procedure, and there shall be no suspension of work or interference with the operations of the District.

Section 5.03 - Union Representation

The Union representative may assist in processing the grievance at any step.

Section 5.04 - Presence of Grievant

The grievant may be present at any step but shall be present when requested by management.

Section 5.05 - Determining "Days"

Saturdays, Sundays, and legal holidays shall be excluded in computing time limits under this article.

Section 5.06 - Grievance Steps

Grievances shall be processed in accordance with the following procedure:

Informal Step:

An employee may discuss a potential grievance with the employee's immediate supervisor or the administrator who has authority to affect resolution of the problem. The employee may be represented at such meetings by the Union. The scheduling of this meeting must occur within fourteen (14) working days of realization of alleged violation.

Step 1 - Immediate Supervisor:

If an employee or the Union wishes to file a formal grievance, a written statement of the grievance shall be presented to the affected employee's immediate supervisor. The written grievance shall give a statement of the alleged grievance including the facts upon which the grievance is based, the issue involved, the section (s) of the agreement alleged to have been violated, and the relief sought. The immediate supervisor shall meet with the grievant's representative and forward a written response, together with supporting reasons, to the grievant and the Union within five (5) days of receipt of the written grievance.

Step 2 - Superintendent:

If dissatisfied with the response at Step 1, the grievant or the Union may submit a written statement of the grievances to the Superintendent within five (5) days of receipt of Step 1 response. The Superintendent and/or designee shall schedule a meeting with the grievant and the Union's representative within seven (7) days. The Superintendent and/or designee shall forward a written response, together with supporting reasons, to the grievant and the Union within ten (10) days after the meeting.

Step 3 - Board:

If dissatisfied with the response at Step 2, the grievant or the Union may submit a written statement of grievance to the Clerk of the Board and Superintendent within ten (10) days of receipt of the Step 2 response. The Board will hold a hearing on the grievance within thirty (30) calendar days. At least five (5) days advance notice of the hearing will be given to the grievant and the Union. The Board will forward a written response, together with supporting reasons, to the grievant and Union within ten (10) days after the hearing.

Step 4 - Arbitration:

If dissatisfied with the response at Step 3, the Union may submit the grievance to arbitration by a member of the Wisconsin Employment Relations Commission (WERC) or its staff. If a grievance is of an urgent nature, the Union may submit the grievance to arbitration by any person mutually selected by the parties or by a person selected by the parties alternately striking names from a list of five potential arbitrators supplied by the WERC. The cost of providing an arbitrator will be shared by the parties. The decision of the arbitrator shall be final and binding upon both parties.

Section 5.07 - Consolidating Grievances

Grievances involving the same act or the same issue should be consolidated in one proceeding provided the grievances have been processed through the grievance procedure by the time the parties meet to select an impartial third party.

Section 5.08 - Scheduling of Hearing

The arbitrator shall meet with the representatives of both parties, hear evidence and give an opinion within thirty (30) days of the close of the hearing.

Section 5.09 - Authority of the Arbitrator

It is understood that the function of the arbitrator shall be to provide an opinion as to the interpretation and application of specific terms of this agreement. The arbitrator shall have no power to add to, subtract from, modify, or amend any terms of this agreement.

The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator will be final and binding on the parties.

Section 5.10 - Arbitration Expenses

The fees and expenses of the arbitrator shall be shared equally by the parties.

ARTICLE VI - EMPLOYMENT SECURITY

Section 6.01 - Probation

Every new employee will serve a five (5) month probationary period during which the fair discharge clause shall not apply. The probationary period may be extended by the Board for an additional five (5) months. The probationary period for school year employees shall be considered frozen for two (2) months during summer recess.

A probationary employee may be discharged with no right to appeal beyond Step 2 of the grievance procedure.

Section 6.02 - Trial Period

An employee who is transferred to a new position shall serve up to a forty-five (45) day trial period, during which the employee shall be returned to the previous position upon request of the employee or the Board.

Section 6.03 - Fair Discipline

Except in emergencies involving flagrant behavior, before disciplinary action is taken against any employee, the employee's immediate supervisor shall meet with the affected employee and discuss the reasons for considering discipline and the discipline being considered. The employee must be present and may be represented by the Union. The Board may suspend a non-probationary employee for cause. A lesser stand of cause shall apply to suspension than in 6.04.

Section 6.04 - Fair Discharge

No employee who has completed the probationary period may be disciplined, discharged or refused continued employment except for sufficient cause.

Comments or suggestions for improvement on supervisory reports shall not be considered discipline. Reprimands shall be considered discipline.

Section 6.05 - Continued Employment

The Board shall inform every school year employee in writing, on or about May 1 of each year, whether the employee can be reasonably assured of continued employment the following fall semester.

Any employee who voluntarily terminates his/her employment with the school district shall give ten (10) working days prior notice to the school district.

Section 6.06 - Layoff

If the Board deems it necessary to eliminate positions, a written, thirty (30) calendar day notice of displacement shall be given to the affected employees. The District will copy the Union with any such notice and will discuss with the Union the reductions and the displaced employee’s options. Displaced employees will be given their options in writing and will have up to three (3) district business days after the date of receipt to submit their choice in writing to the district personnel office. In the event more than one employee has received a displacement notice, the more senior displaced employee shall exercise his/her options first. Employees bumped as a result of the most senior displaced employee’s decision shall select before the process is restarted with the second most senior displaced employee. The individual whose position is eliminated may choose to:

a. Take a voluntary layoff;

b. Displace the least senior person, working the same number of hours, same number of work days, in the same job title. In the alternative, the displaced employee may bump the least senior employee working fewer hours (by increments), if less senior than the bumping employee. For example, a displaced employee could bump the least senior 7-hour, 5 3/4-hour, or 4 1/2-hour employee in the same job title.

c. If qualified, displace the least senior person, working the same number of hours, same number of workdays, in any job title in the same layoff category, provided the salary level and calendar status do not increase. In the alternative, the displaced person may bump the least senior employee working fewer hours (by increments), if less senior than the bumping employee and provided the salary level and calendar status does not increase. For example, if qualified, a displaced employee could bump the least senior 7-hour, 5 3/4-hour, or 4 1/2-hour employee in any job title in the same layoff category provided the salary level and calendar status do not increase.

d. If qualified, displace the least senior employee, working the same number of hours, same number of work days, in any job title in any other layoff category, who has less seniority than the person displacing provided the person displacing does not increase his or her salary level or calendar status. In the alternative, the displaced employee may bump the least senior employee working fewer hours (by increments), if less senior than the bumping employee and provided the salary level and calendar status do not increase. For example, if qualified, a displaced employee could bump the least senior 7-hour, 5 3/4-hour, or 4 1/2-hour employee in any job title in any other layoff category, provided the salary level and calendar status do not increase.

e. At the end of the displacement process, those adversely affected will receive formal layoff notices.

LAYOFF CATEGORIES

Category 1: Accounts Payable Clerk

Budget and Fiscal Assistant

Payroll and Benefit Clerk

Payroll and Benefits Specialist

Payroll/Accounts Payable Clerk

Payroll Specialist

Food Services Bookkeeper

Financial Secretary

Financial Secretary/Registrar - Middle School

General Services Clerk-Payroll

Category 2: Instructional Media Secretary

Pupil Services Secretary

Curriculum & Instruction Secretary

Secondary School Secretary

Student Services Executive Secretary

Instructional Services Executive Secretary

Buildings and Grounds Secretary

Charter School Executive Secretary

Information Technology Executive Secretary

Category 3: Alcohol and Other Drug (AOD) Clerk

Information Technology Clerk

Pupil Services Clerk

Central Services Receptionist

Elementary Secretary

Business Office Clerk

General Services Clerk

General Services Secretary

Instructional Media Clerk

Library Assistant II

Library Assistant III

Registrar/High Schools

Secondary Clerk-Typist

Secondary Office Assistant

Special Education Secretary

Special Education Registrar

Duplicating Center Operator

General Services Clerk - Food & Nutrition

Food & Nutrition Secretary

Category 4: Library Assistant I

Category 5: Operations Coordinator

Applications Specialist

Senior Applications Analyst

Category 6: General School Assistant - Elementary

General School Assistant - Title I Elementary

General School Assistant - Kindergarten

Special Education Assistant (EEN, ED, EMR, LD)

Instructional Media Clerk

General School Assistant - Secondary

General School Assistant - Title I Secondary

Skill Center Assistant

Category 7: Special Education Assistant (TMR, Severe-Profound)

Health Care Assistant

Category 8: Parking Lot Attendant/Security Officer

Category 9: Microcomputer and Electronic Technician

Secondary Building Technology Support Specialist

PC/Support Specialist

Category 10: Educational Interpreter for Deaf/hard of Hearing

Category 11: Certified Occupational Therapy Assistant (COTA)

Category 12: Charter School Assistant

Category 13: Automated Substitute Finder Operator

Section 6.07 - Recall From Layoff

Within twenty-six (26) months of the date of the written layoff notice, notices of all bargaining unit job openings created by retirement, resignation, newly created positions, or other reasons excluding leaves of absence shall be sent by certified mail to the laid off employee’s last known address. In the event a job opening occurs while an employee is on layoff, that laid off employee may apply by providing a written request for a transfer pursuant to Section 6.08. All employees on layoff status shall be treated as if an active employee for transfer purposes. However, if another employee transfers into a vacant job opening, the second position shall be filled by a laid off employee, if qualified.

If qualified, employees on layoff status must accept the offered position even though the position has a lower pay rate, fewer hours, and/or less days, than that of the position previously worked by the laid off employee within seven (7) calendar days of receipt of notice of recall. The employee shall report to work within fourteen (14) calendar days after accepting the position. Failure to timely accept the position or return to work shall result in loss of all recall rights. Unemployment compensation regulations would apply.

Any qualified laid off employee in the layoff category shall be recalled (by seniority). In the event there are no qualified laid off employees in the layoff category, qualified laid off people within the bargaining shall be recalled (by seniority).

Section 6.08 - Transfer

A qualified employee will be granted a transfer before a new employee is hired, except for positions in Group B. Every qualified employee has the right to a personal interview before a transfer is made, ~~unless automatic transfer applies~~. Employees not granted transfer may request reasons for denial within five (5) days of receipt of the denial of transfer. Upon receiving the request for reasons for denial of the transfer, the employer shall have ten (10) working days to respond. In the case of school district same-day hires, with all variables being equal, coin toss(es) will decide who is granted the transfer. For the purpose of transfer, consideration is given separately by grouping in the following categories:

Group A: Food Services Bookkeeper

Payroll and Benefit Clerk

Accounts Payable Clerk

Business Office Clerk

General Services Clerk-Payroll

Payroll/Accounts Payable Clerk

Operations Coordinator--DP/Tech

Senior Applications Analyst--DP/Tech

Applications Specialist--DP/Tech

Financial Secretary/High School

Registrar/High School

Financial Secretary/Registrar - Middle School

Group B: Microcomputer and Electronic Technician—DP/Tech

Instructional Services Executive Secretary

Instructional Media Secretary

Curriculum & Instruction Secretary

Secondary School Secretary

Pupil Services Secretary

Student Services Executive Secretary

Budget and Fiscal Assistant

Payroll and Benefits Specialist

Payroll Specialist

Buildings and Grounds Secretary

Elementary Secretary

Charter School Executive Secretary

PC/Support Specialist—DP/Tech

Secondary Building Technology Support Specialist—DP/Tech

Information Technology Executive Secretary

Group C: Alcohol and Other Drug (AOD) Clerk

Information Technology Clerk

Pupil Services Clerk

Central Services Receptionist

Library Assistant III

Library Assistant II

Library Assistant I

General Services Clerk

General Services Secretary

General School Assistant – Elementary

General School Assistant - Title I Elementary

General School Assistant – Kindergarten

Charter School Assistant

Certified Occupational Therapy Assistant (COTA)

General School Assistant – Secondary

General School Assistant - Title I Secondary

Parking Lot Attendant/Security Officer

Instructional Media Clerk

Secondary Clerk-Typist

Secondary Office Assistant

Special Education Registrar

Special Education Secretary

Duplicating Center Operator

Skill Center Assistant

General Services Clerk - Food & Nutrition

Special Education Assistant

Educational Interpreter for Deaf/hard of Hearing

Health Care Assistant

Automated Substitute Finder Operator

Food & Nutrition Secretary

1. Transfer within Groups will be granted provided the employee is qualified for the position and is the most senior qualified employee requesting transfer within the transfer group.

The decision as to which employee is transferred, if more than one applies, will be made on the basis of seniority.

2. Transfer between Groups may be granted on the basis of qualifications and seniority.

3. A requested transfer within or to a position in Group B may be made at the discretion of the employer.

4. Employees must complete the probationary period of employment before requesting transfer.

5. Supervisors of employees requesting transfers shall not be notified of the transfer request in writing by the Personnel Office, unless the transfer is granted.

6. Any transfer granted from May 1 until the end of the school year that affects a position within a school will not take place until the end of the school year unless an exception is made by the Executive Director of Personnel.

Section 6.09 - Program Relocation

If the program moves, the employee moves with the program. If the move requires reduction of staff in the program, the employee(s) shall follow the layoff language contained in this contract.

ARTICLE VII - CONDITIONS OF EMPLOYMENT

Section 7.01 - Personnel File

No official report regarding an employee, with the exception of employment references, shall be filed by an administrator or supervisor unless the employee is sent a dated copy at the same time. The employee shall have the right to submit a written response to the report or statement. Such a response shall be attached to and filed with the report or statement in the employee's personnel file.

The Board shall maintain only one personnel file for each employee and the employee will receive a copy of any material which is to be placed in the file. An employee may review the file upon request and may copy any material in the file by paying the cost of duplication.

Section 7.02 - Seniority

An employee's seniority is the period of continuous employment in the Bargaining Unit. Employment is not considered interrupted by school recess. An employee does not accrue seniority while on a leave of absence except as specifically agreed elsewhere in this agreement. The Board will provide a seniority list to the Union President annually by December 1 and inform the Union President of any changes in the list when the changes occur. Employees, where hiring choices are restricted, such as Head Start shall not accrue seniority. If employment continues beyond the period of restricted hiring choice, the seniority shall revert back to the first day of work.

An employee's seniority shall be based on the employee's date of hire. Adjustments will be made for any leave of absence during which no seniority is accrued.

Section 7.03 - Reclassification

Requests for job reclassification for individuals or groups shall be submitted no later than October 1 of each year.

Reclassification requests may be introduced through Union recommendation, through management recommendation, or by the individual or individuals requesting reclassification.

Consideration of reclassification requests will be by joint committee with equal representation of union and management. If the committee reaches agreement on the reclassification proposal the agreement will be submitted to the Board of Education for approval. If the joint committee is unable to reach agreement on reclassification by February 1 of the same school year in which the request was made or if the Board of Education does not accept the reclassification proposal, the issue will be submitted to interest arbitration. The February 1 date may be extended by mutual agreement of the parties.

Reclassification of individuals or groups of employees shall be implemented the following July 1. The cost of reclassification will be included in the calculating of the cost of the successor agreement.

Employees who are reclassified shall be placed on the lowest step which assures a salary increase.

Section 7.04 - Posting Vacancies

1. All vacancies, whether caused by a discontinuation of employment or creation of a new position, shall be posted for seven (7) calendar days at all active work sites before outside applicants are considered.

2. Employees, in order to be considered for a vacancy, must post for the position in writing to the Personnel Office. Such posting in writing must be received by the Personnel Office by the end of the seventh (7th) day of the posting period.

3. Employees who sign up at the Personnel Office and leave self-addressed, stamped envelopes will be sent summer postings.