2010-2015 PTFT Final - Peters Township School District

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AGREEMENT BY AND BETWEEN PETERS TOWNSHIP SCHOOL DISTRICT AND PETERS TOWNSHIP FEDERATION OF TEACHERS EFFECTIVE: SEPTEMBER 1, 2010 THROUGH AUGUST 31, 2015

PETERS TOWNSHIP SCHOOL DISTRICT PETERS TOWNSHIP FEDERATION OF TEACHERS TABLE OF CONTENTS Page Section 1 - Recognition 1 Section 2 - Responsibilities of the Parties 1 Section 3 - Grievances 2 A. B. C. D. E. Definitions Meetings and Hearings Procedure Year-End Grievance General Provisions Regarding Grievance Procedure Section 4 - Rights of Employees A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. 4 Savings Clause Federation Representation Just Cause Evaluation of Students Evaluation of Employees Summoning Procedure/Conferences Personnel Files Security of Personal Property State Attendance Registers Protection of Persons and Property Training Safety Worker's Compensation Transportation of Students Use of Recreational Facilities Employee Parking Lounge Areas Mailbox Leaving Work Site Curriculum Revisions, Individual Education Program Classroom Visitations Work Space Section 5 - Rights of Federation A. B. C. 2 2 2-3 4 4 4 5 5 5 5-6 7 8 8 8 9 9 9 10 10 10 10 10 10 11 11 11 11 11 Use of School Building Bulletin Boards Mail Privilege 11 11 11 ii

D. E. F. G. Meetings with the Superintendent Dues Check-Off Copies of the Agreement Federation President Section 6 - Assignments, Transfers and Vacancies A. B. C. D. E. F. G. 11 12 12 12 12 Notice of Assignment Limitation of Assignment Vacancies Involuntary Transfers Vacancies for Non-Bargaining Unit Positions Part Time Positions Long-Term Substitutes 12 13 13 14 14 15 16 Section 7 - Seniority/Furlough/Demotion/Recall 16 General Rules Governing Leaves 19 Section 8 - Leaves With Pay 19 A. B. C. D. E. F. G. H. I. J. K. L. Sick Leave Leave Due to Death Personal/Emergency Leave Court Proceedings Legal Matters Jury Duty Leave Afternoon Leave Military Leave Sick Leave Bank Early Notification of Retirement Professional Improvement Annual Federation Leave Section 9 - Leaves of Absence Without Pay A. B. C. D. E. F. 23 Sick Leave Without Pay Child Rearing Leave Professional Study Without Pay Other Leaves Federation Leave Family Medical Leave (FMLA) Section 10 - Rate of Pay A. B. C. D. E. F. 19 20 20 21 21 21 21 21 22 22 23 23 23 24 25 25 26 26 26 Salary Schedules Methods of Payment Travel Allowance Payment for Credit Salary Scale Classification Eligibility Severance Pay iii 26-30 31 31 31 31 32

G. H. I. Continuous Service Payments Early Retirement Incentive Program ACT 48 Section 11 - Insurance and Hospitalization A. B. C. D. E. F. G. 33 Health Care Life Insurance Dental Care Vision Care Non-Full Time Employees Continuation of Benefits Description of Benefits 33-34 35 35 35 36 36 36 Section 12 - Extra Duty Activities A. B. C. D. E. F. G. 36 Participation New Positions Vacancy Joint Committee Mentor Teachers Team Facilitators Salary Schedule 36 36 37 37 37 37 38-42 Section 13 - Hours of Work A. B. C. D. 32 32 33 42 Work Year Work Day Open House Online Courses 42 43-45 45 46 Section 14 - Election of Remedies 47 Section 15 - Prior Agreements 47 Section 16 - Severability 47 Section 17 - Duration of Agreement 48 Appendix A - Grievance Forms 49 Appendix B – Extended Season Pay Schedule 50-55 Appendix C – Summary of PPO Blue Benefits 56-58 Appendix D – 403B Resolution 58 Appendix E Memoranda of Understanding 59-65 iv

Section 1 - RECOGNITION The District recognizes the Federation as the exclusive representative of the employees of the District in the Unit certified by the Pennsylvania Labor Relations Board for the purpose of collective bargaining with respect to wages, hours and other terms and conditions of employment. The term "employee" as used in this Agreement applies to all individuals occupying jobs included in the bargaining unit as certified by the Pennsylvania Labor Relations Board in Case No. PERA-R-85-58-W and any subsequent clarification thereof. The present certified unit is: "All full-time and regular part-time professional employees including but not limited to teachers, counselors, nurses and librarians; and excluding management level employees, supervisors, first-level supervisors, confidential employees and guards as defined in the Act." Section 2 - RESPONSIBILITIES OF THE PARTIES The District (its officers and representatives at all levels) is bound to observe the provisions of this Agreement. The Federation (its officers, representatives, agents and members at all levels) is bound to observe the provisions of this Agreement. The parties' officers, representatives, agents and members shall deal fairly and reasonably with one another in all relationships under this Agreement. In addition to the responsibilities that may be provided elsewhere in this Agreement, the following shall be observed: A. During the term of this Agreement, there shall be no lockouts; B. During the term of this Agreement there shall be no strikes, work stoppages or other impeding of work; C. There shall be no reprisals against any employee because of membership in the Federation or the exercise of any rights arising out of this Agreement; D. It is the continuing policy of the District and Federation that the provisions of this Agreement shall be applied to all employees without regard to age, race, handicap, color, religious creed, national origin, sex or participation in Federation activities or lack thereof. E. The Federation Building Representative, President and Grievance Chairperson shall be permitted to engage in Federation activity during his/her preparation period so long as it does not interfere with his/her professional duties or District operations. When members of the bargaining unit are mutually scheduled by the District and Federation to participate in conferences or meetings during working hours, they shall suffer no loss in pay or benefits. There shall be no other Federation activity during working time, excluding the duty-free lunch period. F. The forms needed for the implementation of the Agreement will be discussed between the Federation and District and reproduced and distributed by the District. G. The Federation agrees that Federation membership on the part of the employee shall not cause or permit any employee to interfere with any arrangements entered into between the District and any other union or association or non-union contractor which requires cooperative efforts on the part of the contractor and the employees. H. The provisions of this Agreement shall not limit the right of the District to make such 1

arrangements which may eliminate other duties of members of the bargaining unit. I. Class Size. The District and the Federation agree that class size may have an effect on educational standards, the finances of the District and the working conditions of the staff. Section 3 - GRIEVANCES The applicable procedures of this Agreement will be followed for the settlement of all grievances. A. B. C. Definitions 1. A grievance is a complaint by an employee, a group of employees, or the Federation regarding the meaning, interpretation or application of any provision of this Agreement. 2. An "aggrieved employee" or "grievant" is the party initiating the grievance. 3. For the purpose of this grievance procedure, "days" will be defined as weekdays. Meetings and Hearings 1. Meetings, hearings and other activity under this grievance procedure shall not be conducted in public. 2. Meetings, hearings and other activities shall be conducted at mutually agreed upon times, which shall normally be outside the work day. 3. Notice of time and place of grievance meetings will be provided by the Federation to all grievant(s) and the grievant(s) may attend if desired. Procedure 1. Any employee who has a complaint or prospective grievance shall discuss it with the chief building administrator in an attempt to settle the matter informally within thirty (30) weekdays after the occurrence of the event giving rise to the grievance or when the employee reasonably should have known of its occurrence, whichever is first. A Federation representative may be present at the request of the grievant. 2. If the grievance has not been satisfactorily resolved informally, the grievant may present the grievance in writing on the standard Step 2 grievance form to the chief building administrator within ten (10) weekdays after the informal discussion. That administrator shall make a decision and communicate it in writing to the designated Federation grievance representative within ten (10) weekdays after receipt of the Step 2 form. If the administrator's decision is not appealed, the grievance shall be considered settled on the basis of the administrator's decision last made, and shall not be eligible for further appeal. (See Appendix A for Grievance Step II Form.) 3. A grievance to be considered beyond Step 2 must be appealed in writing on the standard Step 3 grievance form to the Superintendent by the Federation within ten (10) weekdays after the final Step 2 answer. If an appeal is made to the Superintendent by the Federation, the grievant has the right to be present at the Step 3 meeting. The Superintendent, within ten (10) weekdays after receipt of the appeal, shall meet and 2

confer with the Federation for the purpose of resolving the matter. The Superintendent shall make a decision and communicate it in writing to the Federation grievance representative within ten (10) weekdays after completion of the conference. If the Superintendent's decision is not appealed within 10 weekdays, the grievance shall be considered settled on the basis of the Superintendent's decision last made, and shall not be eligible for further appeal. Minutes of Step 3 meetings shall be prepared by the District and jointly signed by the District's representative and representative of the Federation. If the Federation representative shall disagree with the accuracy of the Minutes as prepared by the District, such representative shall set forth and sign the reason for such disagreement within five (5) weekdays after receipt of such Minutes. Such exception as filed by the Federation shall be affixed to and shall become an official part of said Minutes. The Minutes, except for such disagreement, shall then be regarded as agreed to. Minutes shall conform to the following: (1) Date of meeting; names of those in attendance; and identifying number of grievance. (2) Background information and facts. (3) Position of the Federation and reasons therefore. This portion to be prepared by the Federation. (4) Position of the District and reasons therefore. (5) The District's decision. These minutes taken in Step 3 shall in no way limit the introduction of witnesses or evidence at Step 4. If the District's decision in Step 3 is not appealed to arbitration by the Federation within ten (10) weekdays after receipt of the District's decision from the Step 3 meeting, that particular grievance shall be considered settled on the basis of such decision and shall not be eligible for further appeal. 4. Any grievance that has been processed in accordance with the provisions of the preceding steps of this Section, but has not been satisfactorily settled shall, upon appeal by the Federation, be submitted to arbitration in accordance with Section 903 of the Public Employee Relations Act. If within ten (10) weekdays (or a longer period if mutually agreed upon) after receipt of such written request, the parties are unable to agree upon an arbitrator, the Pennsylvania Bureau of Mediation shall be requested to submit names of impartial arbitrators in accordance with the act. The Federation and the School District shall alternately strike a name until one name remains and the remaining person shall be the arbitrator. In the first case the Federation shall make the first strike; thereafter, the first strike shall alternate between the District and the Federation. The arbitrator shall submit a decision in writing within thirty (30) weekdays after the conclusion of the hearing and a decision of the arbitrator so rendered shall be final and binding upon the employee involved and upon the parties to this Agreement. The arbitrator shall not have the right to add to, subtract from, modify or disregard any of the terms or provisions of this Agreement and shall limit the decision to the grievance presented for a decision in accordance with said Agreement. 3

D. Year-End Grievance In the event a grievance is filed in writing in such time that it cannot be processed through all the steps of the grievance procedure by the end of the school year, the time limits set forth herein may be reduced by mutual agreement so that the grievance procedure through Step 3 may be exhausted prior to the end of the school year or as soon thereafter as practicable. Any grievance which, as of the effective date of this Agreement, has been presented in writing and is in the process of adjustment under the grievance sections, may be processed under the grievance procedure of any successor Agreement and processed in accordance with the applicable provisions of this Agreement. E. General Provisions Regarding Grievance Procedure 1. If the District fails to respond within the prescribed time limits of any step of the grievance procedure, the grievant or the Federation may proceed to the next step of the grievance procedure. 2. Additional time at a specific step may be granted by mutual agreement of the parties. 3. Conferences and hearings shall be mutually scheduled at a reasonable time normally outside the work day and at a place so involved parties, including witnesses, shall have a fair and reasonable opportunity to attend. 4. When delivery of a written document is required to be made from one party to another, that delivery may be achieved by personal delivery or by mail. 5. Subject to the approval of the administrator at the step involved, a grievance may be filed initially at Step 2 or 3. Grievances relating to disciplinary suspensions or discharge may be filed initially at Step 3. 6. The Federation may, in its discretion, initiate a Federation grievance at Step 3. Section 4 - RIGHTS OF EMPLOYEES A. Savings Clause 1. Nothing contained herein shall be construed to deny or restrict to any professional employee such unqualified rights as he/she may have under the Public School Code of 1949, as amended, or any successor code adopted by the legislature during the term of this Agreement, or under the Public Employee Relations Act, or under applicable laws. Contracts between the District and an employee shall be consistent with the terms and conditions of this Agreement. Nothing in an individual contract shall operate to nullify the provisions of this Agreement and inconsistencies shall not prevail over this Agreement. 2. In the event that any provision of this Agreement is or shall be, at any time, contrary to the Law of Last Resort of Pennsylvania or of the United States or by a court of competent jurisdiction from whose judgment or decree no appeal has been taken within the time provided for doing so, all other provisions of this Agreement shall remain in effect and, within ten (10) weekdays after such provisions has been held to be contrary to the law, the parties shall meet to negotiate a substitute provision. 4

B. Federation Representation An employee shall have the right to Federation representation at any meeting which could result in disciplinary action. C. D. Just Cause 1. No employee shall be suspended, furloughed, reduced in rank or compensation, terminated, discharged or disciplined, without just cause. 2. Any formal disciplinary statements to be included in an employee's personnel file shall identify the person making the claim of alleged violations, and shall contain the statement of the facts including the time, place and date of the alleged violation. All such statements shall be communicated to the employee in a sealed envelope. Evaluation of Students 1. E. The employee shall be considered an expert in the evaluation of pupil progress. It is the responsibility of the classroom teacher to evaluate pupil progress and determine grades and other appropriate evaluations of pupils and must be in compliance with District policies and procedures. Such grades and evaluations shall not be changed by the District without some reasonable basis. Apart from correcting clerical errors, administrative grade changes should be clearly identified by the initials of said administrator on the report card of the nine weeks in which the grade change is made and on the transcript, if the final grade is impacted. Absent extraordinary circumstances, the administrator will consult with the teacher prior to any grade change. If a grade is changed by the District, the District shall provide the teacher with a written statement within ten (10) days providing the basis for the change and said statement shall be retained in the student's permanent file. The teacher shall also have the opportunity to add a written statement which shall also be placed in the student's permanent file. Evaluation of Employees 1. A classroom observation shall be defined as an official visitation for the purpose of professional employee and temporary professional employee evaluation and to improve methods of classroom instruction. Classroom observations by building administrators shall not exceed one in each semester or two in each school year for professional employees however, professional employees with more than ten years of teaching experience shall be observed only once per school year. The district shall provide a copy of all observation and evaluation criteria to each employee at the beginning of each school year or upon the commencement of employment, whichever is applicable. Professional employees with at least five years of satisfactory teaching experience and three years of teaching experience in Peters Township School District may participate in the differentiated supervision program. Teachers may not participate in this program for more than three consecutive years. Teachers who wish to participate in the differentiated supervision program will meet with the building principal to develop a plan for the differentiated supervision. Said plan must be approved by the building principal. If the building principal does not approve the plan or does not approve of the teacher participating in the differentiated supervision program the teacher may appeal this decision to the Superintendent. The Superintendent’s decision will be final and 5

participation in this program shall not be subject to the grievance procedure. A joint committee comprised of two teachers appointed by the Federation President and two administrators appointed by the Superintendent, will be formed for the purpose of designing a new observation instrument consistent with Pennsylvania Department of Education regulations. The decisions concerning the instrument and its implementation shall be made by this joint committee. The joint committee may meet, at the request of either party, to consider and/or make modifications to the instrument. 2. As defined in paragraph E(1) above, the specified number of observations may be waived in the event that in the opinion of the building administrator additional classroom observations are necessary. In such a case, the affected employee shall be notified of this need and the reasons on the initial or the subsequent classroom observation form. 3. Classroom observations shall be made only by building administrators, the superintendent, assistant superintendent, or other certified administrators. 4. Classroom visits and/or observations shall not be made for arbitrary or capricious reasons. 5. A classroom visit shall be defined as an unofficial visitation by an individual(s) as designated above for purposes other than evaluation. The individual(s) involved will advise the employee of the purpose for the visit. 6. Counselors, librarians, nurses and long term substitutes shall also be subject to classroom observations as defined herein. 7. Observations of employee performance shall be conducted openly and no mechanical devices shall be used without prior notice and approval of the employee. 8. Copies of completed classroom observation forms made by an administrator shall be provided to the employee within five (5) weekdays following the observation. A conference concerning the observations shall be held within five (5) weekdays following receipt of the form by the employee. Said conference shall be between the affected employee and the observing administrator. 9. The observation report shall be signed by the employee with the express understanding that his/her signature merely acknowledges receipt of the written summary and does not necessarily indicate agreement with its contents. The employee shall have the right to respond, in writing, to the written summary within five (5) weekdays following the observation conference. Such response shall be attached to all copies of the observation. 10. If an area is identified as needing improvement on a classroom observation report, the District shall: a. Notify the employee of the specific deficiencies within the area; b. Provide a written explanation of the alleged deficiencies and suggestions for corrections; 6

c. 11. Provide assistance, including but not limited to, demonstration of techniques and methods in the areas needing improvement. The annual summative evaluation for professional employees (DEBE 333 Alternate Rating Form or its successor or equivalent) shall be noted as "Satisfactory" or "Unsatisfactory". The summative evaluation for temporary professional employees (DEBE 333 Alternate Rating Form or its successor or equivalent) shall rate employees on a scale of 1 through 80 and shall be completed a minimum of two times per year. F. 12. In the event of an unsatisfactory final rating, the employee shall be given written notice no later than the last student day of school. All ratings, evaluations, observations, reports and anecdotal records are to be held confidential and shall be delivered in sealed envelopes. 13. Unsatisfactory ratings for employees must contain an anecdotal record. The employee involved may, if he/she objects to a rating and/or record, file a rebuttal which shall be attached to the rating and become part of the permanent personnel files, along with the rating. 14. An employee who wishes to contest a rating must so indicate within ten (10) days of the formal receipt of the rating and request a conference with the administrator who assigned the rating. This conference shall be held within ten (10) weekdays of receipt of the request. Should this conference not result in satisfactory resolution, the employee may request a rating conference with the superintendent or his/her designee within 10 weekdays of the first conference. The meeting with the superintendent shall be held within ten (10) weekdays of receipt of the request, and the superintendent shall render a written decision within ten (10) weekdays following the conference. 15. Absent extraordinary circumstances, official classroom observations will not be scheduled during the first two weeks or the last two weeks of classes nor on the day preceding or the day following a vacation. Summoning Procedure/Conferences Whenever an employee is required to report for a conference which may lead to disciplinary action, the employee shall be informed in writing of the subject of the conference at least twentyfour (24) hours prior to the conference, the persons who will be in attendance, and the time and place of the conference. Twenty-four (24) hour notice will not be required if the meeting concerns the health, safety, and welfare of the students and/or staff. Said employee shall be entitled to representation by the Federation. The Federation shall inform the summoning administrator of any persons it has invited to such conferences. If during the course of the conference which may lead to disciplinary action, the employee finds himself/herself in a situation in which he/she feels his/her position is being compromised, the employee may withdraw from the conference. Once an employee has withdrawn from the conference, the District will take whatever action it deems necessary based upon the information that it has available. 7

G. H. Personnel Files 1. The District shall maintain only one official personnel file for each employee. 2. No derogatory material shall be placed in the file unless it is signed and dated by a district administrator and unless the employee has had the opportunity to read the material. The employee shall acknowledge that he/she has read the material by affixing his/her signature to said material, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. The employee shall also have the right to make a written commentary to such material. Said commentary shall be attached to the report when filed. Should an attachment be made, such commentary shall be noted on the face of the report. 3. In the event the District receives any anonymous information regarding an employee, said information shall not be placed in the employee's file until the information has been discussed with the employee involved and an investigation regarding the material has been conducted. The results of the District's investigation and the employee's response shall be included in the file and said materials shall be placed in a sealed envelope (noted anonymous complaint) and placed within the employee’s file. Any person opening said envelope shall write his/her name on the envelope. The superintendent will determine which school officials (employees, agents, and representatives) have access to the envelope. Such officials will be involved on a need-to-know basis only. Such officials will preserve the confidentiality of the information in the envelope. 4. Employees shall have the right to review and copy any material in their personnel files. This review shall occur at a time mutually convenient (no longer than five (5) days) to the employee and the District Administration. 5. An employee may challenge through the grievance procedure the inclusion of any derogatory material in his/her personnel file. 6. The District agrees not to use derogatory material more than five (5) years old as a basis for progressive discipline and agrees to place said material in a separate envelope within the employee's file. Any person opening said envelope shall write his/her name on the envelope. The superintendent will determine which school officials (employees, agents, and representatives) have access to the envelope. Such officials will be involved on a need-to-know basis only. Such officials will preserve the confidentiality of the information in the envelope. Security of Personal Property Each employee shall be provided with either a locker or drawer space which can be secured with a lock. I. State Attendance Registers Clerical recording on the state attendance registers on a regular basis will be performed by nonbargaining unit persons. This provision will not affect the duty of bargaining unit employees to continue to report the daily attendance on forms provided by the District. 8

J. Protection of Persons and Property The District recognizes the need for an employee to take lawful and reasonable action to protect himself/herself from physical attack, to protect another person or property, or to quell a disturbance threatening physical injury to others. When instances of assault are reported to the school administration, appropriate investigation and action shall be taken as determined by the District. Such action shall include reimbursement at fair market value for damage to clothing or personal property worn by the employee while engaged in conduct protected by this section. In no event shall total reimbursement under this section exceed 2,000.00 in any school year. Teachers injured as a result of activity protected by this section and unable to attend school shall not be charged with sick leave for the first five school days of injury, until worker's compensation payments begin. Any sick leave payments made after the eighth calendar day following the employee's injury will be charged against the employee's sick leave. K. Training The District agrees that before any employee is required to write an IEP, such employee will be given training which will acquaint that employee with the pertinent provisions of P.L. 94-142 and the technical aspects of writing an IEP. Such training will be normally conducted during the work day and the work year. If it is necessary to schedule such training after the school day, the employee shall be compensated at the following hourly rates or fraction thereof: 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 29 29 30 30 30 Newly hired employees required to work before the first regular staff day shall be paid at the following per diem rates: 2010-2011 85 2011-2012 90 2012-2013 90 2013-2014 95 2014-2015 100 Newly hired teachers who work beyond the school day for induction purposes will be paid at the training rate. L. Safety No employee shall be required to work under unsafe or hazardous conditions or to perform tasks that endanger his/her health, safety or well being beyond the hazards inherent in normal circumstances. 9

M. Workers' Compensation A job related injury compensable under Workers' Compensation shall be treated according to the following guidelines: 1. During the first seven (7) calendar days of absence, the employee shall receive full pay with no deductions from the employee's sick leave account. 2. After the seventh (7th) day, the employee shall elect one of the following options: a. Workers' Compensation only b. Return the Workers' Compensation check to the District and use

a g r e e m e n t by and between peters township school district and peters township federation of teachers effective: september 1, 2010

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