AGREEMENT
between the
Superintendent of Schools
and
Board of Education
of the
with the
SCHOOL
AFT,
TABLE OF CONTENTS
|
ARTICLE |
Title |
|
|
ARTICLE
I |
Recognition |
1 |
|
ARTICLE
II |
Definitions |
1 |
|
ARTICLE
|
Employment |
1 – 2 |
|
ARTICLE
IV |
Vacancies |
2 – 3 |
|
ARTICLE
V |
Salaries |
3 – 4 |
|
5.1 |
Full
Day Per Diem Rates |
3 |
|
5.2 |
Half
Day Per Diem Rates |
3 – 4 |
|
ARTICLE
VI |
Alliance
Rights |
4 |
|
ARTICLE
|
Printing
And Distribution Of Collective Bargaining Agreement |
4 |
|
ARTICLE
VIII |
Grievance
Procedure |
5 |
|
ARTICLE
IX |
Existing
Policies |
6 |
|
ARTICLE
X |
Management
Rights |
6 |
|
ARTICLE
XI |
Entire
Agreement |
6 – 7 |
|
ARTICLE
XII |
Terms
Of Agreement |
7 |
|
ADDENDUM
A |
Education
Law Section 3023 and Section 3028 |
8 - 9 |
ARTICLE I
RECOGNITION
The Board of Education of the
ARTICLE II
DEFINITIONS
DISTRICT: The
SUPERINTENDENT: The
Superintendent of Schools of the
SUBSTITUTE
TEACHER: A per diem substitute
teacher.
BOARD: The
Board of Education of the
ARTICLE
EMPLOYMENT
The work day for a per diem substitute teacher
shall be the same as the work day of a regular teacher or that of the teacher
being replaced if that is longer. If the
length of a workload varies from a regular schedule day, the substitute will be
advised in advance.
The District or its agent will attempt to give
substitute teachers advance notice of assignments. If not possible, an extension of arrival time
will be granted. When advance notice is
provided, the substitute must report at least fifteen (15) minutes prior to the
scheduled time of students’ arrival and must stay at least ten (10) minutes
after the students’ scheduled day ends.
Failure to comply will result in deletion from the active substitute
list.
When a per diem substitute teacher is called by the
District or its agent for an assignment and shows up for the assignment, on
time, the substitute will be paid for that assignment. If the assignment is reduced or eliminated,
at the option of the District, the substitute may be required to perform
other duties. However, in the event that
the school where the assignment is to take place is closed in advance of is
normal starting time as a result of inclement weather or other unforeseen
circumstances, the substitute should not report for work and will not be
paid. It is the responsibility of the
District to announce school closings and the responsibility of substitutes to
make themselves aware of any such closings.
The District shall announce these situations by having them broadcast
over local radio stations.
When it is known in advance of the first day’s
absence that a regular teacher is to be absent for two or more consecutive
days, the District will attempt, but not be bound to employ the same substitute
for each day provided the substitute has demonstrated a level of performance
that, in the judgment of the District is satisfactory.
Substitute teachers shall notify the
Superintendent in writing of any accident or claim against them. In addition, a substitute teacher shall not
be entitled to the protection provided in the Education Law unless, within the
time limits of the applicable section of Education Law, he/she shall deliver to
the Superintendent the original or a copy of any summons, complaint, process,
notice, demand or pleading that has been served. For information only, refer to Addendum A
of this Agreement, Education Law Sections 3023 and 3028 and their time limits.
Substitute teachers will be made aware of and are
expected to follow all rules and procedures as outlined in school and District
instructional handbooks as they relate to students, classroom, building and
ground activities.
Substitute teachers will receive the following
orientation information once their application has been completed and
accepted: payroll information, school
year calendar, times of phone contacts, and building location, work hours, and
building phone numbers.
When substitute teachers report to the school
office for duty, they will receive lesson plans for the day, a classroom
roster(s), a class schedule and a floor plan with fire exits.
Substitute teachers shall be advised that they
are eligible to participate in the New York State Teachers’ Retirement System,
and upon request to the Office of Human Resources shall be provided with a
NYSTRS information packet containing retirement election options and enrollment
forms.
ARTICLE IV
VACANCIES
Substitute teachers who have been employed by the
District for twenty-five (25) days or more, and who have filed an application
for permanent employment will be considered for any vacancy for which they are
certified. It is the obligation of the
substitute to be sure that the information contained in the application is
complete, current and accurate.
The District will give serious consideration for
permanent employment to any substitute teacher who meets the above criteria,
and who has received positive recommendations for a particular vacancy from at
least one district supervisor and the building principal of the school where
the vacancy exists.
ARTICLE V
SALARIES
5.1 Full Day Per Diem Rates
The daily salaries for the school years
2006-2007, 2007-2008 and 2008-2009 shall be as follows:
2006-2007 2007-2008 2008-2009
Up to and including 20 days $ 91.00
$ 93.00
$ 95.00
After 20 days
$ 101.00 $ 103.00 $ 105.00
5.2
Half Day Per Diem Rates
Half Day Rate
$ 59.00 $60.00 $61.00
Any teacher who has retired from the District
shall immediately receive the post twenty (20) day salary upon his/her first
day of substitute service.
After twenty (20) consecutive days in the same
assignment (on the 21st day), the substitute will be placed on the
appropriate column and step (up to step 4) of the regular teachers salary
schedule.
The District and
In order to allow for appropriate academic
transition and to accommodate variations in scheduling and teacher assignments,
a half day will be defined as follows:
Elementary level: Replacement of the classroom teacher will coincide with the end
of an academic period or session closest to mid-point of the workday in that
building. The exchange will not exceed
more than 20 minutes beyond the midpoint of the work day.
Middle School and High School levels: Replacement of the classroom teacher will coincide with the end of
an academic period and is defined to be:
A.M.
assignment – Thirty (30) minutes prior to the beginning of period 1, for
preparation and to provide supervision of homeroom or half duty through the end
of period 4.
P.M.
assignment – Twenty (20) minutes prior to the beginning of period 5, for
preparation, through the end of the academic day and dismissal.
ARTICLE VI
The District agrees to deduct dues or agency fee
from the salaries of substitute teachers in the unit represented by the
The deduction will be at the rate of one dollar
($1.00) for each more than half-day worked; fifty cents ($.50) for each
one-half or less day worked; until such time as the District is notified in
writing by the
The
The District shall deduct from the salary of
employees in the bargaining unit who are not members of the
The Alliance may use without cost at reasonable
times available District school facilities for meetings provided the building
use form has been submitted in timely fashion to the building principal.
ARTICLE
PRINTING
COLLECTIVE
BARGAINING AGREEMENT
The
The District agrees to provide each substitute
teacher with a copy of this collective bargaining Agreement, upon the
substitute’s request. Copies of this
Agreement shall be available from the Office of Human Resources.
ARTICLE
VIII
GRIEVANCE
PROCEDURE
8.1 “Grievance”
shall mean a claimed violation of a provision of this Agreement. A grievance may be brought by the alliance
unit member or group of unit members.
8.2 All
grievances shall be in writing and shall include the name and position of the
aggrieved party(s), the specific provision of this Agreement claimed to have
been violated, the alleged events and conditions which constitute the alleged
violation, the identify of the individual(s) responsible for causing the
alleged violation, if known, and a general statement of the nature of the
grievance and the redress sought by the aggrieved party.
8.3 All
grievances shall be first presented to the building principal. No grievance will be considered unless
submitted within ten (10) school days of the alleged violation. The building principal shall conduct such
investigation, as he/she deems appropriate and render a written decision
concerning the grievance within 10 school days after submission of the
grievance.
8.4 If
the grievant is dissatisfied with the decision of the building principal, the
grievant may proceed pursuant to paragraph 5 within ten (10) school days of
receipt by the grievant of the decision of the building principal.
8.5 The
a)
The
Assistant Superintendent for Human Resources who shall conduct a hearing,
during which the grievant may be represented by counsel or a representative of
the
or
b)
The
Public Employment Relations Board’s Mediation/Arbitration procedure to resolve
the grievance.
The decision of the Assistant Superintendent for
Human Resources or the resolution achieved in mediation/arbitration, as the
case may be, shall be final and binding on the parties.
If any provision of the Agreement or any
application of this Agreement to any employee or group of employees shall be
found contrary to law, such provision or application shall not be termed valid
and subsisting except to the extent permitted by law; but, thereto the
provisions or applications of the Agreement shall continue in full force and
effect.
ARTICLE IX
EXISTING
POLICIES
Any existing District policy, either written or
understood, affecting terms and conditions of employment of substitute teachers
will continue to remain in effect unless specifically altered by this
Agreement.
ARTICLE X
MANAGEMENT
RIGHTS
The District retains all rights not affected by
any provisions of this Agreement and nothing in this Agreement shall be
construed as delegating the authority of the Board of Education of the
Shenendehowa Central School District, its Superintendent of Schools, or any
other School District Officer, or in any way to reduce or abridge such
authority so long as the District does not violate the rights of the Alliance
or its members as guaranteed by statutory provisions of the State and such
other rules and regulations as are promulgated by the Commissioner of
Education, the legislature and the courts.
The rights of the District include, by are not necessarily limited to:
a)
To
determine the course of study and services provided, consistent with applicable
law and regulation;
b)
To
direct and supervise employees in their respective employments;
c)
To
hire, promote, transfer, assign and retain employees;
d)
To
maintain the efficiency and effectiveness of all operations; and to determine
the methods, means and personnel by which such operations are to be conducted.
e)
For
security purposes the District reserves the right to initiate a program of
requiring that identification badges be worn by all employees, including
substitute teachers. The initial costs
associated with this program, i.e., the costs of producing photo-ID badges,
shall be borne by the District.
ARTICLE XI
ENTIRE
AGREEMENT
The provisions contained herein constitute the
entire agreement between the parties and shall supersede all previous
communications, representations or agreements, either written or oral, between
them with respect to the subject matter hereof.
Both parties acknowledge that they had full
opportunity during the negotiations prior to the execution of this agreement to
make any demands and proposals. There is
no obligation on either party, during the life of this agreement, to bargain
collectively with respect to any matter, whether included or not in this
agreement, even though such matters may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated and
executed this agreement.
ARTICLE XII
TERM OF
AGREEMENT
The provisions of this Agreement become effective
on the 1st day of July, 2006 and shall continue and remain in full
force and effect until the last day of June, 2009.
IT IS AGREED BY
IN WITNESS WHEREOF, the parties hereto have
hereunder set their hands and seals this ______ day of _________________________,
2006.
_____________________________________ ____________________________________
Superintendent of Schools Co-President
School
____________________________________
Co-President
ADDENDUM A
Education Law
Section 3023
Liability of a board of education, trustee,
trustees or board of cooperative educational services
Notwithstanding any inconsistent provision of
law, general, special or local, or the limitation contained in the provisions
of any city charter, it shall be the duty of each board of education, trustee
or trustees, in any school district having a population of less than one
million, and each board of cooperative educational services established
pursuant to section nineteen hundred fifty of this chapter, to save harmless
and protect all teachers, practice or cadet teachers, authorized participants
in a school volunteer program, and members of supervisory and administrative
staff or employees from financial loss arising out of any claim, demand, suit
or judgment by reason of alleged negligence or other act resulting in
accidental bodily injury to any person, or accidental damage to the property of
any person within or without the school building, provided such teacher,
practice or cadet teacher, authorized participant in a school volunteer
program, or member of the supervisory or administrative staff or employee at
the time of the accident or injury was acting in the discharge of his duties
within the scope of his employment or authorized volunteer duties and/or under
the direction of said board of education, trustee, trustees or board of
cooperative educational services; and said board of education, trustee,
trustees or board of cooperative educational services may arrange for and maintain
appropriate insurance with any insurance company any created by or under the
laws of this state, or in any insurance company authorized by law to transact
business in this state, or such board, trustee, trustees or board of
cooperative educational services may elect to act as self-insurers to maintain
the aforesaid protection. A board of
education, trustee, board of trustees, or board of cooperative educational
services, however, shall not be subject to the duty imposed by this section,
unless such teacher, practice or cadet teacher, authorized participant in a
school volunteer program, or member of the supervisory and administrative staff
or employee shall, within ten days of the time he is served with any summons,
complaint, process, notice, demand or pleading, deliver the original or a copy
of the same to such board of education, trustee, board of trustes,1
or board of cooperative educational services.
Section 3028
Liability of school district for cost and
attorney’s fees of action against, or prosecutions of, teachers, members of
supervisory and administrative staff or employees, and school volunteers
Notwithstanding any inconsistent provision of any
general, special or local law, or the limitations contained in the provisions
of any city charter, each board of education, trustee or trustees in the state
shall provide an attorney or attorneys for, and pay such attorney’s fees and
expenses necessarily incurred in the defense of a teacher, member of a
supervisory or administrative staff or employee, or authorized participant in a
school volunteer program in any civil or criminal action or proceeding arising
out of disciplinary action taken against any pupil of the district while in the
discharge of his duties within the scope of his employment or authorized volunteer
duties. For such purposes the board of
education, trustee or trustees may arrange for and maintain appropriate
insurance with any insurance company created by or under the laws of this
state, or in any insurance company authorized by law to transact business in
this state, or such board, trustee or trustees may elect to act as
self-insurers to maintain the aforesaid protection. A board of education, trustee or board of
trustees, however, shall not be subject to the duty imposed by this section,
unless such teacher, or member of the supervisory and administrative staff or
employee or authorized participant in a school volunteer program shall, within
ten days of the time he is served with any summons, complaint, process, notice,
demand or pleading, deliver the original or a copy of the same to such board of
education, trustee or board of trustees.