EAU CLAIRE
SCHOOLS CLASSIFIED STAFF FEDERATION
LOCAL
4018
BILATERAL
AGREEMENT WITH
July
1, 2004 - June 30, 2007
ARTICLE I - PREAMBLE
Section 1.01 - Execution Date
This Agreement is entered into this 1st day of July
, 2004_, 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-Wisconsin,
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
ARTICLE II - RECOGNITION
Section 2.01 - Union Recognition
The Board recognizes the
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
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
ARTICLE III - UNION DUES
Section 3.01 - Use of School
Facilities
The
Section 3.02 - Dues Deduction
Union dues will be deducted from the paycheck of each
employee affected by this Agreement 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 – AFT Wisconsin Convention Leave
Up to six (6) delegates or their representatives may attend
the two-day AFT-Wisconsin convention
without loss of salary. Four additional
people may attend using payroll deduction, vacation,
Federation Days, 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, days closed
due to weather, 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 provided the grievance does not refer to transfer and the
administrator has authority to affect resolution of the problem. 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 or administrator shall meet with the grievant's representative and
forward a written response, together with supporting reasons, to the grievant
and the Union within ten (10) days of
receipt of the written grievance. If no response within agreed to time frame is received, the
grievance may be advanced to the next Step in the grievance procedures.
Step 2 -
Superintendent:
If dissatisfied
with the response at Step 1 or there is no response
in Step 1, the grievant or the Union may submit a written statement
of the grievances to the Superintendent within ten
(10) days of receipt of Step 1 response or
from the deadline for the response to have been received. 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. If no response
within agreed to time frame is received, the grievance may be advanced to the
next Step in the grievance procedures.
Step 3 - Board:
If dissatisfied
with the response at Step 2 or there is no response
in 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 or from the
deadline for the response to have been received. 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 fees and expenses of the arbitrator shall
be shared equally 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.
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 up to
an additional six (6) months. The probationary period for school year
employees shall be considered frozen during summer recess.
Employees must complete
the probationary period of employment before requesting transfer.
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. The Union
President shall receive copies of all reprimands.
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. In the case of school district same-day hires, with all
variables being equal, coin toss(es) will decide who will go through the
process first. In the case of school
district same-day hires, with all variables being equal, coin toss(es) will
decide who will be listed as bumping options in the letter to employee affected
by layoff. 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 Specialist
Payroll and
Benefit Clerk
Payroll and Benefits
Specialist
Accounts Payable
Clerk/Accounts Receivable Clerk
Food Services
Bookkeeper
Financial
Secretary/High School
General Services
Clerk-Payroll
Food & Nutrition Support Specialist
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
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 – Personnel
General Services Clerk – Curriculum/Auxiliary Program
Information Technology
Assistant – Middle School
Category
4: Library Assistant I
Category
5: Operations Coordinator
Applications
Specialist/Operations Assistant
Senior
Applications Analyst
Webmaster/Network Operations Support
Category
6: General School Assistant
– K-5
Special Education
Assistant (EEN, ED, EMR, LD)
General School
Assistant - Title I Secondary
ELL Assistant
Category
7: Special Education
Assistant (TMR, Severe-Profound)
Health Care
Assistant
Category
8: Parking Lot
Attendant/Security Officer
Secondary Hall Monitor
Category
9: Microcomputer and
Electronic Technician
Secondary
Building Technology Support Specialist
PC/Support
Specialist
Network Operations Technician
Category 10: Educational
Interpreter for Deaf/hard of Hearing
Category 11: Certified
Occupational Therapy Assistant (COTA)
Category 12: Charter
School Assistant
Montessori Associate II
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. The District will
interview bargaining unit candidates on the basis of seniority (most senior to
least) until it finds a qualified candidate.
If all interviewed bargaining unit candidates are found to be not
qualified, the District may seek applicants from outside the bargaining unit. 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
Accounts Payable
Clerk/Accounts Receivable Clerk
Operations Coordinator--DP/Tech
Senior
Applications Analyst--DP/Tech
Applications
Specialist/Operations Assistant--DP/Tech
Financial Secretary/High School
Registrar/High School
Financial
Secretary/Registrar - Middle School
Food & Nutrition Support Specialist
Webmaster/Network Operations Support
Network Operations Technician
Group
B: Microcomputer and Electronic
Technician
Instructional
Services Executive Secretary
Instructional
Media Secretary
Curriculum &
Instruction Secretary
Secondary School
Secretary
Pupil Services
Secretary
Student Services
Executive Secretary
Budget and Fiscal
Specialist
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
– K-5
Charter
School Assistant
Montessori Associate II
Secondary
Hall Monitor
Certified
Occupational Therapy Assistant (COTA)
General School
Assistant – Secondary
General School
Assistant - Title I Secondary
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
General Services Clerk –
Personnel
General Services Clerk –
Curriculum/Auxiliary Program
ELL Assistant
Information
Technology Assistant – Middle School
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.
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 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 that file shall be located in the
Personnel Office of the District. Employees will receive a copy of any
material which is to be placed in the personnel file
after employment with the District by anyone other than the employee. An employee may review the file upon request
and may receive copies of 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.
If hired prior to
September 26, 2002, an employee’s seniority shall be based on the employee’s
date of hire. If hired on September 26,
2002 or later, an employee’s seniority date shall be based on the employee’s
date of hire as a bargaining unit employee. 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 15
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 15 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 15
date may be extended by mutual agreement of the parties.