Clerical/Food Service Contract 2007-2010

AGREEMENT

A. This Agreement is entered into between the Board of Education of the School District of the Menomonie Area, herein referred to as the "Board," and Local No. 727‑C, WCCME, AFSCME, AFL‑CIO, herein referred to as "Union".

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

ARTICLE I ‑ RECOGNITION

SECTION 1:

The Board recognizes the Union as the exclusive bargaining representative on wages, hours, and conditions of employment for all regular full‑time and regular part‑time clerical and food service, excluding all supervisors, managers.

SECTION 2:

The purpose of this Article is to recognize the right of the Union to represent the employees referred to in Section 1 as bargaining agent in negotiations with the Board, as provided in the Wisconsin Statutes; however, such recognition is not to be construed as obligating the Board in any way to continue any functions or policies in effect at the time of such recognition, and the board specifically reserves the right to create or eliminate any positions as is deemed necessary.

SECTION 3:

Unilateral rights claimed in this Agreement shall be consistent with those rights and responsibilities conferred upon the Board and the Union by applicable state and federal law. Nothing contained in this Agreement shall be interpreted as granting to either party, hereto, authority to unilaterally act upon or change anything contained herein.

ARTICLE II ‑ MANAGEMENT RIGHTS

SECTION 1:

It is recognized that the Board has and will continue to retain the rights and responsibilities to operate and manage the school system of the District and its programs, facilities and properties; and the activities of its employees during working hours.

SECTION 2:

Without limiting the generality of the foregoing Section 1, it is expressly recognized that the Board's operational and managerial responsibilities include:

1. The rights to determine location of schools and other facilities of the school system, including the right to establish new facilities and to relocate or close old facilities.

2. The determination of financial policies of the District, including the general accounting procedures, inventory and supplies and equipment procedures and public relations.

3. The determination of the management, supervisory or administrative organization of each school or facility in the system and the selection of employees for promotion to supervisory, management or administrative positions.

4. The maintenance of discipline control and use of school system property and facilities.

5. The determination of safety, health, and property protection measures where legal responsibility of the Board or other governmental unit is involved.

6. The right to enforce the reasonable rules and regulations now in effect and to establish new reasonable rules and regulations from time‑to‑time not in conflict with this Agreement.

7. The direction and arrangement of all working forces in the system, including the right to hire, suspend, discharge or discipline employees.

8. The creation, combination or elimination of any employee position deemed advisable by the Board. Combination shall mean the Board's right to combine part‑time positions within the District into full‑time positions and the right to combine full‑time positions due to diminished workload.

9. The determination of the size of the working force, the allocation of assignment of work to employees, the determination of policies affecting the selection of the employees and the establishment of quality standards and judgment of employee performance.

10. The determination of the layout and the equipment to be used and the right to plan, direct, and control school activities. The determination of the processes, techniques, methods, and means of employee work performance.

11. The right to establish and revise the school calendar and assign workloads. With the exception of the bargaining unit work as defined in Article IX, Section 3, nothing in this Agreement shall limit, in any way, the District's contracting or subcontracting of work or shall require the District to continue in existence any of its present programs in their present form and/or location or on any other basis.

SECTION 3:

The foregoing enumeration of the functions of the Board shall not be considered to exclude other functions of the Board not specifically set forth; the Board retaining all functions and rights to act not specifically nullified by this Agreement.

ARTICLE III ‑ FAIR SHARE AGREEMENT

A. As provided for by Section 111.70 (1)(h) of the Wisconsin Statutes, the board agrees that each month, it will deduct dues as established by the Union of a Fair Share service fee in the same amount from the pay of each bargaining unit employee, with the exception of those employees who are not members of the Union on the effective date of this Agreement and who were also hired prior to July 1, 1976. It is further agreed that once an employee joins the Union or pays his/her Fair Share service fee that he/she shall continue to pay such fee thereafter. All those hired after July 1, 1976, shall either join the Union or pay their Fair Share service fee.

B. The Union shall annually certify to the employer, during the month of January, the amount of dues uniformly required of all bargaining unit employees. If a change in the amount of dues is certified by the Union, such change shall be implemented within forty‑five (45) days of such request. The Board shall monthly remit the aggregate amount collected to the Treasurer of the Union.

C. The Union, as the exclusive representative of all employees in the bargaining unit, will represent all such employees, members and non‑members fairly and equally. No employee shall be required to join the Union, but membership in the Union shall be made available to all employees who apply consistently with the Union's Constitution and Bylaws after the Board notifies the Union that any employee has been hired.

D. It is agreed that, should any court action or action by a federal or State of Wisconsin administrative agency having proper jurisdiction, arise out of the Board's compliance with this Article, commenced by any party other than the employer, the Union will indemnify and save harmless, the Board, its individual members, the District and all administrative personnel, against any and all liability assessed by said court or agency of competent jurisdiction.

ARTICLE IV ‑ WORK STOPPAGES

SECTION 1:

The parties recognize the importance of Wisconsin law, which expressly prohibits strikes at any time by employees covered by this Agreement. In addition, thereto, the Union further agrees that neither it nor any of the employees in the bargaining unit will participate in, authorize, assist or support any strike, slowdown, sanction, work stoppage or any concerted group activity which has the effect of withholding, in full or in part, any services during the term of this Agreement.

SECTION 2:

In the event of any violation of the preceding clause (Article IV, Section 1), the Board may take whatever disciplinary action it deems appropriate including discharge.

ARTICLE V ‑ GRIEVANCE PROCEDURE

SECTION 1:

The purpose of this procedure is to provide an orderly method for resolving grievances. A determined effort shall be made to settle any such differences at the lowest possible level in the grievance procedure. Meetings or discussions involving grievances or those procedures shall not interfere with the employee's duties to the District. The parties agree that grievances shall be processed with the minimum interference with the operation of the school system; however, the parties shall make a good faith effort to meet at all reasonable times to resolve all issues.

SECTION 2:

For the purpose of this Agreement, a grievance is defined as a difference of opinion regarding the interpretation or application of this Agreement. All grievances must be submitted, in writing, utilizing the form attached, hereto, as Exhibit B. The Board agrees to furnish a supply of grievance forms to the secretary of the Union.

SECTION 3: ‑ Steps in Grievance Procedure:

Step 1:

An aggrieved employee and/or authorized Union officers shall properly attempt to orally resolve the grievance with respective immediate supervisor(s).

Step 2:

If the grievance is not resolved informally, it shall be reduced to writing by the employee and/or authorized Union Officers who shall submit it to the District Administrator by hand delivery or by registered mail, utilizing proper form for such, herein attached as Exhibit B. Grievances not submitted to the District Administrator in accordance with this procedure within fifteen (15) working days after the facts upon which the grievance is based first occurred or first became known to the grievant, the grievance shall be deemed to be waived. The District Administrator shall act on grievances and in his/her absence, may appoint a designee. Within fifteen (15) days of the receipt of the grievance, the District Administrator shall meet with the grievant and the Union representative(s) to attempt to resolve the grievance. If the grievance is not resolved by the above meeting, the District Administrator will reply, in writing, with a copy of such reply to the Union secretary, within twenty (20) workdays after receipt of the written grievance. After the District Administrator’s reply, and within twenty (20) of the Union representative’s workdays, the Union will communicate to the District Administrator, the status of the grievance.

SECTION 4 ‑ Arbitration:

Any grievance which cannot be settled through the above procedure may be submitted to final and binding arbitration by either party requesting the Wisconsin Employee Relations Commission to appoint a member of the commission of its staff as arbitrator.

SECTION 5 ‑ The Decision of Arbitrator:

The sole function of the arbitrator shall be to determine whether or not the employee's rights have been violated by the District contrary to an express provision of this Agreement. The arbitrator shall have no authority to add to, subtract from, or modify this Agreement in any way. The arbitrator shall have no authority to impose liability upon the District arising out of facts occurring before the effective date or after the termination of this Agreement. Any decision by the arbitrator within the scope of his/her authority shall be final and binding upon the Board, the Union and the employees.

SECTION 6 ‑ Arbitration Procedure:

All arbitration proceedings shall be held at such time and place as shall be mutually agreed upon between the Board and the Union. If the Board and the Union are unable to agree, the time and place of hearing shall be designated by the arbitrator. In all arbitration proceedings, the Board and the Union shall each have the right to be represented by counsel, the opportunity to confront and cross‑examine witnesses and the opportunity to present arguments orally as well as by post‑hearing brief. The arbitrator's decision shall be based upon the evidence presented at the hearing and he/she shall issue a written decision stating the reasons for his/her determination.

SECTION 7 ‑ Costs:

Both parties shall share equally the costs and expenses of the arbitration proceedings, if any, including transcript fees and fees of the arbitrator.

ARTICLE VI ‑ DISCIPLINE AND DISCHARGE

SECTION 1:

Discipline, including discharge, is recognized as a management right of the Board; and may be exercised by the Board, through its designated representatives, in regard to any employee who does not fulfill his/her responsibilities to the Board as an employee or does not comply with Board policies now or hereafter in effect.

SECTION 2:

The employer shall not discharge or discipline any employee without cause. If, in any case, the employer feels there is just cause for discharge, the employee and his/her steward will be notified, in writing, that the employee has been discharged and the reasons therefore. The Union shall have the right to take up the suspension and/or discharge as a grievance at the second step of the grievance procedure through the arbitration step if deemed necessary by either party. Any employee found to be unjustly discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment.

ARTICLE VII ‑ SENIORITY

SECTION 1 ‑ Seniority Defined:

Seniority, for benefit purposes, is defined as the employee's original date of hire. Seniority, for purposes of posting and bumping, is defined as the employee's total paid hours of work, excluding overtime, but including temporary layoffs and properly approved absences. Seasonal layoffs shall not be considered temporary layoffs. Employment, for the purposes of determining seniority, shall include time for vacations, leaves of absence properly applied for and granted, temporary layoffs due to lack of work, military service prescribed by law, illness or accident under the Sick Leave provisions hereinafter set forth, or by mutual agreement between the Board and the Union. The employer recognizes the principle of seniority and such principle shall predominate where applicable, provided that qualifications of employees involved in any decision to which the principle of seniority is applicable, meet any necessary qualifications. The provisions contained in this article are only applicable within each of the respective recognized work groups set forth in Article I. Section 1. Seniority rights may only be exercised and recognized intra the respective recognized work groups by mutual agreement of the Board and the Union.

SECTION 2 ‑ Probationary Period:

Any new employees hired by the Board on or after the effective date of this Agreement shall be considered as probationary employees for a period of six (6) months from the date of hire. Upon completion of the six(6)-month probationary period of employment, unless extended by mutual agreement of the Board and the Union, the employee shall be placed on the seniority roster and the date of the employee's seniority shall be his/her date of hire; provided, however, that during such six(6)-month probationary period, hereinbefore referred to, the Board may terminate the employment of any such probationary employee at its option, without right of appeal by said probationary employee in any manner whatsoever. Probationary employees may not avail themselves of the job posting procedure.

SECTION 3 ‑ The period of seniority of an employee shall be forfeited if:

1. The employee is absent for more than eighteen months after the employee became eligible for payments under the District's long‑term disability insurance.

2. The Employee is laid off and not re‑employed in a one(1)-year period from such layoff.

3. The employee leaves the employment of the Board of his/her own volition.

4. The employee fails to notify the Board that the employee will return to work within forty‑eight (48) hours after the employee receives from the Board the delivery of a notice of work available to the employee; or fails to return to work within eighty‑eight (88) hours after the delivery of such notice to the employee. Such notice shall be sufficient if sent by certified mail, return receipt requested, to the address for the employee last known on the employer's record. A copy of such notice shall also be mailed to the Union for informational purposes.

SECTION 4 ‑ Postings:

All new and vacated positions shall be posted at each school for a period of ten (10) working days. Such postings shall state the name and location of the job to be filled, the date the job is to be filled, hours of the job, qualifications of the job, and the rate of pay. The qualifications set forth therein shall be consistent with the job requirements of the position to be filled. The process for filling above positions shall be conducted per established round table Posting Meeting Procedure.

The Board may temporarily fill a vacancy, when necessary, and including a qualification period, while the posting procedure is carried out. Following are definitions for the three terms of new, vacant and displaced:

New: The following criteria is the only criteria for defining new:

1. An addition to the number of hours per day of forty-one percent (41%) or more.

2. A change in daily start time of two and one-half (2½) hours or more within the term of the current collective bargaining agreement.

3. A plus or minus three percent (3%) variance in the number of days per year is possible without posting or implementing bumping procedures.

Vacant: A position from which an employee leaves for any reason.

Displaced: No longer a position of work or a permanent reduction of the number of hours per day.

SECTION 5 Transfer ‑ Layoff ‑ Recall ‑ Bumping:

1. Layoff: In the event it becomes necessary for the Board to lay off employees for any reason, employees shall be laid off in the inverse order of their seniority.

2. Recall: Employees shall be recalled from layoff according to their seniority. Recall rights shall end should an employee refuse recall to a position in the bargaining unit of equivalent, or more, hours of his/her former position. A full-time employee on layoff status may refuse recall offers of part-time, substitute, or other temporary employment without loss of rights to the next available full-time position for which the employee is qualified. Full-time employees on layoff status shall not lose rights to a full-time position by virtue of accepting part-time or substitute appointments with the District. It is understood that the District considers all AFSCME employees working eight (8) hours per day as full-time employees.

3. Bumping: A displaced employee will have five (5) days to use seniority to bump less senior employees provided he/she is qualified to perform the work. An employee may elect to take the bump.

4. Transfer:

a. Filling of Postings: Vacancies shall be awarded to the most senior employee qualified to perform the work available. The qualifications of employees are matters of fact and include knowledge, skill, and efficiency.

b. Qualification Period: Employees who are not able to satisfactorily perform the work required by any position awarded pursuant to Section 5.4a. of the Article, shall be returned to the former position held by such employee within a thirty (30) working-day qualification period. Employees shall be returned to their former positions should they request the same within thirty (30) working days. Employees awarded positions after the school year ends shall begin their qualification period when Board of Education approved (school calendar) calendar begins.

Employees actively in a qualification period may not avail themselves of the job posting procedure. The original position will be filled by a substitute until the qualification period is over.

ARTICLE VIII ‑ HOURS OF WORK, WORKWEEK, AND

OVERTIME COMPENSATION

SECTION 1. ‑ Hours of Work and Workweek:

1. Full time year round: Forty (40) hours per week for fifty-two (52) weeks.

2. Full time seasonal: Forty (40) hours per week for less than fifty-two (52) weeks and a minimum of one hundred eighty (180) days.

3. Part time: Less than forty (40) hours per week at a minimum of one hundred eighty (180) days per year.

4. A schedule of workdays shall be identified (during the month of June annually) by mutual agreement between the employee and supervisor. The annual amount of time may be extended by a supervisor, but the benefit amount would not change.

5. All positions are considered Monday through Friday positions unless originally posted differently. The following situations pertain to regular part-time employees. If the employee works up to six (6) hours per day, the employee will be provided with a fifteen(15)-minute break and will be provided a joint option, between the employee and the supervisor, to be provided a thirty(30)-minute unpaid, uninterrupted meal period. If the employee works six (6) or more, but less than eight (8) hours per day, the employee will be provided with two paid fifteen(15)-minute breaks and will be provided a joint option, between the employee and the supervisor, to be provided a thirty(30)-minute unpaid, uninterrupted meal period.

6. Calculations for the determination of fringe benefits shall be based upon a minimum of one hundred eighty (180) days of work and payroll shall be in equal amounts over twelve months. This is applicable the first school year the employee is paid at the top of the pay schedule.

SECTION 2. – Summer Work:

1. Definitions

a. Summer begins when Board of Education approved (school calendar) calendar ends. Summer ends when Board of Education approved (school calendar) calendar begins.

b. Summer AFSCME Work Schedule:

Begins with the first pay period following the end of the academic calendar. Ends at the last pay period before the beginning of the new academic calendar year.

c. Summer Worker Outside Work: (i.e. grounds)

Summer grounds workers may begin the second Monday of May. Summer grounds work will end the first Friday of September.

d. Summer Inside Work Schedule: (i.e. cleaning)

May begin no earlier than the last student contact day of the academic calendar. Ends upon completion of the workday prior to the first student contact day.

2. Determination of Work Schedules

a. Shifts may be eight (8) or ten (10) hours in length. Ten(10)-hour shifts will be considered only when staffing and scheduling permits adequate coverage for the building.

b. Ten(10)-hour days shall not create overtime.

c. Work schedules shall not reduce the number of normal business days.

d. Buildings with one (1) position, through mutual agreement of the building administrator, buildings & grounds administrator and building employee, may exercise the four (4), ten(10)-hour schedule option.

e. Management would be able to revise an individual’s schedule if it is not working for district operations.

f. Thirty (30) days prior to the last day of the academic calendar, summer work schedules will be determined. Summer supervisors and building administrators shall meet with all workers to assign summer schedules and duties.

g. The building & grounds administrator will determine which sites permit ten(10)-hour schedules on a year-to-year basis based upon information provided by the building administrator.

SECTION 3. - Meal Periods:

All eight(8)-hour employees will have an uninterrupted thirty(30)-minute meal period, without pay, with the following exceptions.

SECTION 3a. ‑ Meal Periods for Clerical Employees:

Employees shall have their meal periods scheduled between 11:00 AM and 1:30 PM by their immediate supervisor.

SECTION 3b. - Meal Periods for Food Service Employees:

All eight(8)-hour employees shall have their meal period scheduled by their immediate supervisor.

SECTION 4. ‑ Rest Periods:

All full-time employees' work schedules shall provide for a fifteen(15)-minute period during each one‑half (½) shift with the following exceptions.

1. Clerical: The rest period shall be scheduled as close to the middle of each one‑half (½) shift as is feasible.

2. Food Service: All six (6) to eight(8)-hour employees’ work schedules shall provide for a thirty(30)-minute rest period. All four (4) to six(6)-hour employees’ work schedules shall provide for a fifteen(15)-minute rest period.

SECTION 5. ‑ Overtime:

Employees shall receive time and one‑half (1½) their regular rate of pay for all time worked in excess of eight (8) hours per day and/or forty (40) hours per week. An employee working ten(10)-hour days as part of their regular schedule defaults to the forty (40) hours per week rule. A system wide overtime resource list shall be established for each work group and shall be offered overtime at schools other than their own after such overtime has been offered to the employees assigned to a school. Overtime work is voluntary; however, the employer may require that overtime work be performed according to inverse order of seniority. Employees on injury leave and on light duty status shall not be eligible for overtime. However, employees who have permanent partial disabilities shall be eligible to work overtime.

SECTION 6. ‑ Report Pay:

Employees who are not required to be at work when the schools are closed and are not notified in time because of inclement weather, and who report for work shall be paid a minimum of two (2) hours pay for reporting. If an employee is called to work in an emergency situation, the employee will receive a minimum of two (2) hours pay for reporting.

SECTION 7. – Food Service Out-of-Classification Payment:

Employees who perform work normally performed by an employee in a higher food service bargaining unit wage classification, shall receive the higher rate of pay for all such work. Such hours of work shall count towards bargaining unit posting and bumping seniority, but shall not count towards full-time equivalency benefits.

ARTICLE IX ‑ GENERAL PROVISIONS

SECTION 1. ‑ Work Rules:

The Board's management right to establish reasonable work rules is recognized. The Board agrees to furnish each employee with a copy of the work rules, to include new employees hired after the date of this Agreement. Employees shall comply with all work rules not in conflict with the terms of this Agreement and such work rules shall be enforced by the Board on a uniform basis. The administration will review work rules with employees annually.

SECTION 2. ‑ Union Bulletin Boards:

The Board agrees to allow the Union to erect a bulletin board within each building of the District at a place approved by the Board or its designated representative. The initial cost of such bulletin board shall be the Union's, however, the Board agrees that the employees within the bargaining unit may maintain such bulletin boards during their respective shifts of employment. The Union shall limit its posting of notices and bulletins to such designated bulletin boards.

SECTION 3. ‑ Bargaining Unit Work:

No one outside of the bargaining unit shall be employed by the Board to perform work normally done by members of the bargaining unit, except in cases of emergency, special projects or for vacation replacements for regular employees. However, non-bargaining unit Board employees may perform bargaining unit work in the following two instances: (1) minimal amounts of work which are incidental to their normal duties, and (2) work necessary for a Board supervisor to learn or teach basic skills in order to train bargaining unit employees safe and proper work techniques, procedures, and practices related to the bargaining unit employee’s job duties. Nothing contained, herein, shall preclude the Board from the creation of new positions in the District, subject to the provisions of Article VII concerning the posting and application for such positions. It is agreed that the Board may make interim assignments to fill vacated positions as may be necessary to comply with the job posting procedures as provided, herein.

SECTION 4. ‑ Total Compensation:

1. Employees covered by this Agreement shall be compensated according to Appendix A, attached hereto, and made a part, hereof.

2. Seasonal and part‑time employees shall receive benefits, exclusive of vacations, proportionate to the amount of time scheduled to work.

SECTION 5. ‑ Privileges of Union:

1. The Union and its representatives may have the privilege of using school buildings at all reasonable times for meetings, provided established procedure is followed in requesting such use and no additional costs are incurred by the District.

2. Duly authorized representatives of the Union may be permitted to transact official Union business on school property, provided that this shall not interfere with or interrupt normal school operation and provided, further, that established procedure is followed in transacting such business.

3. The Union may have the privilege of using school facilities and equipment when such equipment is not otherwise in use, provided established procedures are followed in requesting such use. Consumables will be paid for at cost. The Union will assure that it has individuals properly instructed and trained in the use of any school equipment prior to the use of same.

SECTION 6. ‑ Personnel Records:

Personnel records, including remarks, warnings, and disciplinary measures taken shall be dated. Employees may request to see their own personnel records and reasonable access to the same shall be made available.

SECTION 7 ‑ Employee Termination:

Employees who terminate their employment with the Board must give at least a two‑week in advance notice of their intent to quit.

SECTION 8 ‑ Validity:

If any provision of this Agreement is or shall be, at any time, contrary to law, then such provision shall not be applicable except to the extent permitted by law and any substitute action shall be subject to appropriate consultation and negotiation with the Union. In the event that any provision of this Agreement is, or shall be at any time, contrary to law, all other provisions of this Agreement continue in effect.

SECTION 9:

If a full day of school is canceled due to inclement weather, day shift employees shall be allowed to report to work up to one hour later than the regular start‑time and work that amount of time beyond the regular work schedule or shall be allowed to report to work up to one hour later than the regular start‑time and not receive pay for the lost time.

SECTION 10:

When a regular employee fills a substitute position, he/she shall receive his/her regular rate of pay.

ARTICLE X – RETIREMENT STIPEND

Employees who elect to retire shall be eligible for the following retirement stipend:

A. Annual retirement stipend of eighteen hundred dollars ($1,800); such stipend to be paid for not more than sixty (60) months. On July 1, 2008, this stipend will increase to two thousand four hundred and sixty-seven dollars ($2,467).

B. To be eligible for the retirement stipend, the retiree shall have served the district for fifteen (15) full or part-time years with full payment of the stipend to be based on having served the district thirty-one thousand two hundred (31,200) hours and any hours less would be a direct proration of the stipend.

C. To be eligible for the retirement stipend, the employee must file a resignation from employment with the district on or before April 15.

D. If the employee elects to have the district apply the retirement stipend toward partial payment of a health/medical insurance premium, then the stipend would be untaxed. The employee would be required to pay any required balance of the health/medical insurance premium directly to the health/medical insurance administrator by the fifteenth (15^th) of the month prior to the month of coverage.

E. In the event of death of the retiree, the earned retirement stipend would be transferable to the surviving spouse or dependent children.

F. Monthly payments of the retirement stipend would begin the month following the month in which the employee retired.

G. Health insurance benefits provided by the district shall cease at the point any employer of a retiree provides anything in the way of a health insurance benefit. Retirees waive all rights in determining plan of health insurance benefits.

H. The retirement stipend may not be used in conjunction with benefits received from the District's disability insurance program.

ARTICLE XI ‑ DURATION

SECTION 1:

This agreement shall be binding and in full force and effect from July 1, 2007, through June 30, 2010, for all items contained herein.

SECTION 2:

At any time subsequent to March 1, but prior to April 1, the Union may give written notice to the Board, of its intention to terminate, alter or amend any part of this Agreement. Such notice shall include the parts or provisions that the Union wishes to terminate, alter or amend. Meetings between the parties concerning such notice shall begin not later than twenty (20) days after such notification is received by certified mail. If such notice is not given, the contract shall automatically be renewed and shall continue in effect for a period of one (1) year. Should negotiations on a new Agreement extend beyond the expiration date of this Agreement, said Agreement shall continue in force and effect unless terminated by either party, following a thirty (30) day advance notice of intent to terminate the same.

SECTION 3:

The parties acknowledge that during negotiations which resulted in this Agreement, each have the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining. And that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the District and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter not specifically referred to or covered in this Agreement, even though some subjects or matters may not have been in the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement; provided, however, that the District agrees that, during the term of this Agreement, no Board of Education policy shall be adopted which is in conflict with any of the provisions of this Agreement. This provision shall not preclude the parties, hereto, from mutually agreeing to negotiate any subject or matter not contained in this Agreement, or the change of any subject or matter contained, herein.

In witness, whereof, the parties, hereto, have set their hands this 8^th day of October , 2007.

For the Union:                                               For the Employer:

/s/Mark E. Case /s/Chris Smith

Mark Case, President                                    President, Board of Education

/s/Karen E. Debee /s/Bud Karis

Karen Debee, Core Bargaining Member           Clerk, Board of Education

/s/Brenda L.. Johnson

Brenda Johnson, Core Bargaining Member

/s/Debra Schuh

Debra Schuh, Core Bargaining Member

/s/Donna Shilts

Donna Shilts, Core Bargaining Member

/s/Aneta Spielman

Aneta Spielman, Core Bargaining Member

(employee resigned on 8/6/07 prior to ratification)

Cynthia Werner, Core Bargaining Member

APPENDIX A

TOTAL COMPENSATION

10.01 - Wages:

Employees covered by this Agreement shall be classified and receive compensation as follows:

July 1, 2007, through June 30, 2008

10.02 ‑ Wage Rates July 1, 2008, through June 30, 2009:

10.03 ‑ Wage Rates July 1, 2009, through June 30, 2010:

10.04 ‑ Wisconsin Retirement Fund:

The employer agrees to pay the employee's share of the Wisconsin Retirement Fund contribution, computed on the basis of up to a maximum of six point five percent (6.5%) of gross monthly salary to include any extra time or overtime.

10.05 ‑ Longevity:

Employees shall receive the following amounts in recognition for length of employment as of December 1^st:

.80% of paid wages per year after eight (8) years of service,

1.00% of paid wages per year after thirteen (13) years of service,

1.30% of paid wages per year after eighteen (18) years of service.

Longevity payments shall be calculated based on the total wages in the prior fiscal year, July 1^st through June 30^th, and such payments shall be made on the payroll preceding the Christmas holiday.

For the initial payment in December of 2007, all employees shall have their longevity adjusted so that no one falls below the payment he/she would have received using the previous dollar amount calculation plus a base increase of forty dollars ($40.00).

10.06 ‑ Insurances:

1. Health Insurance

a. The employee shall pay ten percent (10%) per year towards a family health insurance premium or zero (0) dollars per year toward a single health insurance premium. The deductible for the health/medical plan will be one hundred dollars ($100) for a single plan and three hundred dollars ($300) for a family plan. The employee shall determine which coverage (single or family plan) he/she will carry. Insurance coverage will be for the full twelve-(12) month period, commencing September 1^st and ending August 31^st.

b. Full‑time employees (2080‑hour) who terminate employment shall have their protection cease on the last day for which the premium has been paid. Seasonal and part‑time employees who terminate employment prior to the intended duration of employment shall receive such balance as may be due them, because of the twelve-(12) month proration formula, in the form of health insurance protection.

c. The employer's contribution shall cease as follows:

Coverage will extend through the last day of the month in which an employee terminates employment. This would apply to anyone terminating prior to the end of a regular school year. If termination is at the end of a school year, then coverage will extend through August 31^st.

d. Employees on worker's compensation shall have their determined amount of premium paid by the employer for a period of time for which temporary total compensation is received by the employee, but, in no case, to exceed one hundred and twenty (120) working days.

e. The Board may unilaterally change carriers, provided that the coverage and services are not diminished.

f. Should the health insurance premium increase during the term of this Agreement, the employer agrees to pay the same proportionate (percentage) amount during the term of this Agreement.

2. Long‑term income protection insurance.

The District shall pay one hundred percent (100%) of the costs of a long‑term income protection insurance plan of benefits made available to other District employees at the maximum rate of .0063 of eligible wages.

3. Dental Insurance

District shall pay ninety percent (90%) of the costs for a family or single coverage of a dental insurance plan of benefits.

10.07‑ Vacations:

It is agreed that the purpose of vacation time granted to employees by the District is to improve the job performance of the employee by providing the employee an annual period of time without job responsibilities. Full‑time (2080-hour) employees shall be eligible for paid vacation time upon the completion of their probationary period and shall start to earn vacation time on their date of hire. Vacation time, with pay, shall be granted by the District, annually, based upon the following schedule: more than one (1) year but less than eight (8) years of service‑two (2) weeks; more than eight (8) but less than fourteen (14) years of service ‑ three (3) weeks; more than fourteen (14) years of service ‑ four (4) weeks. Effective July 1, 1997, employees who have completed twenty (20) years of service or more shall receive an additional five (5) days of vacation that shall be added over a five (5)-year period at the rate of one (1) day per year, with the first extra day to be added on their hire anniversary date following July 1, 1997.

10.08 ‑ Vacation Scheduling:

Vacation scheduling shall be subject to the following conditions:

1. Vacation shall be at the time requested by the employee provided the employee submits the request for vacation time to the appropriate immediate supervisor as follows:

a. All vacation requests for time while school is in session shall be submitted thirty(30)-calendar days in advance of the requested vacation dates.

b. All vacation requests for time during the nonschool summer months shall be submitted seven(7)-calendar days in advance of the requested vacation dates.

c. All vacation requests for time during Christmas and spring break shall be submitted ninety(90)-calendar days in advance of the requested vacation dates.

10.09 ‑ Vacation During Holiday:

If a holiday occurs during the calendar week in which a vacation is taken, the employee's vacation shall be extended one additional day.

10.10 ‑ Vacation Use:

Vacation time shall accrue from the hire anniversary date of one year to the hire date of the following year. Vacation time must be utilized within one year of its accrual period or it shall be forfeited. Employees and supervisors will receive a report on accrued vacation in June of each year.

10.11 ‑ Employees in Elderly Feeding Program:

Employees performing duties for the Elderly Feeding Program shall be subject to all applicable provisions of this agreement. Less than eight hour per day employees working the full calendar year shall be eligible for prorated vacation.

10.12 ‑ Holidays:

Employees shall receive the following holidays with pay, at their regular rate. Regular part‑time employees shall receive proportionate pay for any holiday adjacent to a workday and for those following holidays noted with an asterisk(*).

New Years Day          Thanksgiving Day*

Good Friday*              Friday following Thanksgiving*

Memorial Day*            Christmas Eve Day

Independence Day      Christmas Day*

Labor Day*                  New Years Eve Day

10.13 ‑ Holiday Pay:

Employees required to work on holidays shall receive holiday pay in addition to overtime pay for each hour worked.

10.14 ‑ Holiday Observance:

Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the same shall fall on Sunday, the succeeding Monday shall be observed as the holiday. If successive holidays shall fall on Friday and Saturday, the preceding Thursday and Friday shall be observed as the holidays and when the same shall occur on Sunday and Monday, the succeeding Monday and Tuesday shall be observed as the holidays.

10.15 ‑ Sick Leave:

It is agreed that the purpose of sick leave granted by the District to an employee is to allow the employee to be excused from his/her job responsibilities due to his/her personal illness or illness of employee's spouse, children, in‑laws, parents, grandparents, guardians, siblings, or members of the immediate household. Paid sick leave may be used for medical, dental, and vision examinations where appointments for such examinations must be made at least two days in advance of the examination and shall not exceed two days accumulative per year. Employees of the District shall be granted sick leave at the rate of thirteen (13) days per year and may accumulate a total of one‑hundred and twenty (120) days of sick leave. An annual record of sick leave accumulated and used shall be kept for each employee and will be available upon request, provided that sick leave used is reported by the employee as provided below:

Leave requests and forms shall be submitted to the supervisor in charge of the employee at the time of the leave.

Employees shall be allowed to use sick leave as needed except that in order to qualify for sick leave, employees must report their need for same to their building principal/supervisor at least one (1) hour before the start of their shift unless an emergency shall exist or the employee's illness shall develop during working hours, in which case, the employee shall still report the use of sick leave to his/her building principal/supervisor if at all possible without jeopardy of the employee's health. Employees on sick leave for more than two (2) consecutive days may be required to submit a physician's statement of illness to their principal.

The employee's accumulated total of sick leave shall be reduced by an amount equal to the amount of sick leave actually used. All pay and benefits, including the accumulation of sick leave, shall continue during absences due to illness. Any sick leave which is accumulated, but unused, at the time an employee is terminated, one year after being laid off, or otherwise separated from the District's service, other than retirement, shall be forfeited.

Employees can bank up to nine hundred and sixty (960) hours at five dollars ($5) per hour toward a health benefit or a cash settlement upon retirement after first accumulating nine hundred and sixty (960) hours.

Low Usage Incentive Pay (Short Term)

Any permanent employee using less than one (1) day of sick leave⁽¹⁾ between July 1^st and June 30^th of any year will be awarded an additional vacation day to be used the following year or two (2) bonus days pay.

Any employee that uses one (1) day of sick leave, but less than two (2) days of sick leave, will receive one (1) bonus day pay. Employee must give notification of option choice by June 30^th of the year earned. If notification selection of vacation day option is not received by June 30^th, bonus day(s) will be paid. The amount of pay per hour shall be based on the employee’s wage rate as of June 30^th.

Low Usage Incentive Pay is paid at the current daily hours worked. Payment shall be made no later than the second pay date of the following year.

⁽¹⁾Sick leave as defined in paragraph of section 10.16.

10.16 ‑ Commiseration Leave:

Employees of the District shall be granted three (3) days of commiseration leave, with pay, in the event of the death of the employee's spouse, child, son‑in‑law, daughter‑in‑law, parent, grandparent, father‑in‑law, mother‑in‑law, brother‑in‑law, sister‑in‑law, sibling, or member of the immediate household. Any commiseration leave with pay for situations not previously covered shall be determined by mutual agreement between the employee and the supervisor. Leave requests and forms shall be submitted to the supervisor in charge of the employee at the time of the leave.

10.17 ‑ Legal Leave/Personal Leave:

Employees of the District working 2080 hours (1.0 FTE) shall be granted a maximum of eight (8) hours, non-cumulative legal leave to conduct legal matters that must be attended to during the employee's shift.

Employees of the district working less than 2080 hours (<1.0 FTE) shall be granted a maximum of fourteen (14) hours of non-cumulative legal leave to conduct legal matters that must be attended to during the employee's shift of which six (6) hours may be used for personal leave at a minimum of two (2) hours per occurrence. This benefit shall not be prorated per Article IX (General Provisions), Section 4(B).

10.18 ‑ Worker's Compensation Supplement:

Employees of the District injured and receiving Worker's Compensation benefits from the employer or the employer's insurance carrier shall be paid the difference between such compensation and their regular rate of pay for a period not to exceed sixty-(60) working days.

10.19 ‑ Uniform Allowance:

The workday attire shall be in conformance with style standards determined by the support staff administrator. Suitable daily uniform will be provided for food service and laundry workers with the exception of food service clerical.

10.20 ‑ Mileage:

Employees shall be compensated at the prevailing IRS allowance rate for required mileage incurred beyond that incurred for reporting to any District worksite.

10.21 - Training:

All hours of training, which are directed by the Board, shall be paid at the employee's regular hourly rate, subject to the Fair Labor Standards Act.

EXHIBIT "B"

EMPLOYEE GRIEVANCE

Name: School Building:

Grievant:                                           Building:

Address: Address:

Grievant Phone:                                 Building Phone:

Employee Position: Date Grievance Filed:

Principal or Supervisor:

I. Oral discussion of grievance with principal or supervisor ‑ Yes ______ No ______ Date:

II. A. Statement of Facts:

B. Issue or Issues Involved:

C. Contract Provision Violated:

D. Remedy Sought:

(Signature of Employee)                                       (Date)

(Signature of Union Representative)                       (Date)

III. A. Informal Answer of Principal or Supervisor (Reduce answer to writing by grievant)

B. Answer is _____ is not _____ satisfactory to employee and/or Union.

C. Transmitted to District Administrator

(Signature of Union Representative)                       (Date)

D. Date of conference with District Administrator

E. Answer of District Administrator:

(Signature of District Administrator)                       (Date)

IV. Answer of District Administrator is ____ is not ____ satisfactory.

V. Will ____; will not ____ appeal to the WERC to appoint an arbitrator from its staff.

Custodial/Maintenance/Information Systems Contract 2008-2010

Attachment	Size
AFSCME Cust-Maint-Info Sys 2008-10 contract signed.pdf	107.7 KB

Paraeducator Contract 2009-2010

Attachment	Size
Paraeducator Contract 2009-10.pdf	90.52 KB

Teacher Contract 2007-2009

Attachment	Size
2007-08 & 2008-09 Teacher Contract.pdf	349.05 KB

Employee Work-Related Injury/Illness Report

 

 

 

 

Attachment	Size
Click here to download and print form	21.5 KB

Teacher Course Approval Request Form

Attachment	Size
Course Approval Request Form 7-15-10.pdf	34.25 KB

Request to Post Position Form

Attachment	Size
Click here to download and print form	79.99 KB

Request to Hire Form

Attachment	Size
Request to hire form 11-6-09.pdf	75.66 KB

Special Services Contract Request Form

Attachment	Size
Click here to download and print form	13.66 KB

Staff Evaluation Form

Attachment	Size
Click here to download and print form	33.3 KB

Dental/With Orthodontics

Attachment	Size
Dental Benefit Summary ortho.pdf	57.51 KB
Dental Benefit Summary no ortho.pdf	0 bytes

Dental/Without Orthodontics

Attachment	Size
Dental Benefit Summary 09208 no ortho.pdf	57.47 KB

Health/Medical/Rx

Attachment	Size
Health-Medical Booklet 2010.pdf	364.95 KB