4000 Personnel
4300 Teacher, Nurse and Other Professional
4320 Activities
4325 Negotiations
4325.1 Professional Negotiations Agreement Between the Moffat County Board of Education and the Moffat County Education Association
Preamble:
The Moffat County Board of Education and the Moffat County Education Association recognize that teaching is a profession; the Board and Association believe that the objectives of the educational program are realized to a high degree when mutual understanding, cooperation, and effective communications exist between the Board and its teaching staff. The Board and the Association believe the primary function of the Board and its professional staff is to assure each boy and girl attending the Moffat County Schools an effective educational program. This agreement is to insure a formalized procedure which may be used for matters pertinent to negotiations carried on by the Board and the Association. Both the Board and the Association recognize that teachers and other persons of the professional staff in the district have the right to join, or not to join, any organization for their professional or economic improvement.
Negotiating Unit:
Eligibility for inclusion in the negotiating unit is and shall be limited to persons whose employment in the district requires that they possess a valid certificate issued or recognized by the State Board of Education, except those persons on per diem appointment, (personnel not under contract), and persons holding positions designated by the Board as administrative or supervisory.
Recognition:
The Moffat County Education Association recognizes the Moffat County Board of Education as the elected representative of the people of Moffat County School District, as the employer of personnel of this District, and as the legal authority for the District.
The Moffat County Board of Education recognizes the Moffat County Education Association as the negotiating agent for this negotiating unit.
This recognition will remain in effect for the duration of this contract until the negotiating agent no longer represents the majority of eligible employees of the District.
Whenever 30 per cent or more of the eligible members of the negotiating unit request a representative election, the Board shall conduct such election. The expense of the election shall be borne jointly by the board, the negotiating agent, and the challenging parties. One of the proposals on the ballot shall be no representation.
No Strike Clause:
The Association affirms that it does not have the right to strike. The Association affirms that neither the Association nor any of its agents will assist in or participate in strikes, slowdowns, or any deliberate effort which shall interfere with, impede or impair the normal operation of the school or schools in the district.
Any deliberate effort of the Association to strike, or slow down the normal function of the school will result in an immediate revoking of this agreement.
Scope:
The scope of this agreement encompasses matters of salaries and related economic conditions of employment.
Negotiations Procedure:
1. Both parties agree to negotiate in good faith.
2. Requests for meetings may be made by either party provided the request is submitted in writing to the Superintendent of Schools or the President of MCEA.
3. The term days when used in this article shall mean calendar days.
4. Upon a request of either party for a meeting to open negotiations, a mutually acceptable meeting date shall be set no more than fifteen (15) days following any request. In any given school year, any request shall be made not before the first day of December nor later than the first day of February. Any request will specify all subject matter to be negotiated. At the first meeting all specific written proposals to be negotiated during the prescribed negotiating period will be presented by the requesting party. The non-requesting party will submit in writing all additional issues upon which it wishes to negotiate no later than the second meeting.
5. Negotiations mutually agreed upon shall be conducted at times and places agreeable to the negotiators named by each party, provided that the first meeting shall be held not later than the fifteenth day of February, and that negotiations shall terminate not later than the first day of May, unless extended by mutual consent.
6. Negotiations shall be conducted in closed sessions unless both parties agree to the contrary, and news releases are to be upon mutual agreement of both parties.
7. Not later than five (5) days prior to the first scheduled meeting the Board and the negotiating agent shall furnish in writing to the Superintendent of Schools and President of MCEA the names of not more than five (5) persons who shall serve on their negotiating team and who shall be responsible for negotiations pursuant to this agreement. The members of the negotiating team must be members of the negotiating unit. The Board's team shall consist of Board members and/or administrators.
Official meetings will require a quorum of at least three members from each team.
Once negotiations have begun, the designated members of the respective negotiating teams cannot be changed except by mutual consent.
8. All regular meetings shall be conducted at a time other than the regular school day (such as after 3:30 p.m.) and such meetings shall not exceed three hours. If it is necessary to schedule extreme emergency meetings during school hours, it is understood that the negotiating team will be allowed released time without loss of pay.
9. Caucuses may be called only by the team chairman prior to adjournment.
10. All tentative agreements shall be reduced to writing and initialed by the team chairman prior to adjournment.
11. Both parties shall furnish each other, upon reasonable request, available information pertinent to the issues under consideration.
12. Tentative agreement(s) reached as a result of such negotiations will be reduced to writing and will be presented to the Board of Education and the Moffat County Educational Association for ratification prior to adoption.
Following ratification by both parties the final agreement will be signed by the negotiating agent and the Board.
13. Resolving Differences:
After full consideration of all proposals and counter-proposals, if either party determines that the differences of position are so serious that further negotiations seem impossible of producing a satisfactory agreement, then either party may declare impasse. Such notification shall be in writing with reasons therefor and presented at a designated negotiating session.
Following written notification by either party declaring impasse, a mandatory "cooling off" period of ten (10) days will elapse and one more meeting will be held so that both parties will in good faith try to reach agreement on the item(s) of impasse as stated in the written notification.
In the event there are still unresolved item(s) and agreement has not been reached for further negotiations either party may request impasse procedure.
14. Impasse Procedures:
Within ten (10) days of a request by either party, the Board and the Association will appoint one person who is not a member of their respective group to a Board of Review.
Within ten (10) days after the appointment of the two members, they will meet and select a third party who will be the chairman.
The Board of Review shall confer with both parties and make recommendations for settlement of the issue(s) in question within twenty (20) days from the date of selection of its chairman.
All fees and expenses of the chairman of the Board of Review will be shared equally by the parties to this agreement. The fees and expenses of the appointees of the Board and the Association shall be paid by the respective parties.
All recommendations of the Board of Review shall be advisory subject to the approval of the board and the Association.
Grievance Procedure:
1. Definitions: A "grievance" shall mean a complaint by a member or members of the negotiating unit that there has been as to him or them a violation or inequitable application of any of the provisions of this agreement.
An "aggrieved person" is the person or persons making the complaint.
A "party in interest" is the person or persons making the complaint and any person who might be required to take action or against whom action might be taken in order to resolve the complaint.
The term "days" when used in this article shall, except where otherwise indicated, mean working school days; thus, weekend or vacation days are excluded.
2. Purpose:
The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise under the scope of this agreement. Both parties agree that grievance proceedings will be kept as informal and confidential as shall be appropriate at any level of the procedure.
3. General Procedures:
Since it is important that the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process.
In the event a grievance is filed on or after May 1, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the parties agree to make a good faith effort to reduce the time limits set forth herein so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.
In the event a grievance is filed so that sufficient time as stipulated under all levels of the procedure cannot be provided before the last day of the school year then said grievance shall be resolved in the new school term in September under the terms of this agreement and this article, and not under any succeeding agreement.
Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this agreement.
4. Initiation and Processing:
Level One
A. A teacher with a grievance must first discuss it with his principal or immediate superior.
B. If the teacher is not satisfied with the disposition of his grievance, he may file a written grievance with his principal.
Information copies are sent by the aggrieved party to the representative of the Association and to the Superintendent.
C. The principal must within five (5) days render a written decision with copies to the aggrieved, the Association and the Superintendent.
Level Two
A. Within five (5) days of receipt of the decision rendered by the principal, the decision may be further appealed to the Superintendent. The appeal shall include a copy of the decision being appealed and the grounds for regarding the decision as incorrect.
B. Appeals to the Superintendent shall be heard by the Superintendent or Assistant Superintendent within ten (10) days of his receipt of the appeal. Written notice of the time and place of hearing shall be given five (5) days prior thereto to the aggrieved employee, the Association and any administrator who has theretofore been involved in the grievance.
C. Within ten (10) days of hearing the appeal, the Superintendent or Assistant Superintendent shall communicate to the aggrieved employee and all other parties officially present at the hearing his written decision, which shall include supporting reasons therefor.
Level Three
A. Within ten (10) days of receipt of the decision rendered by the Board, the decision of the Board may be further appealed to an Advisory Council. In such a case written notification of an appeal must be filed by the aggrieved, with the approval of the Association, with the President of the Board.
B. Within ten (10) days the Board and the Association will each appoint the person who is not a member of their respective group to the Advisory Council.
C. Within ten (10) days after the appointment of the two members they will meet and select a third party who will be the chairman.
D. The chairman will give the aggrieved and the Association at least seven (7) days written notice of the hearing including the place and time thereof.
E. The Council shall confer with both parties and make recommendations for settlement of the issue(s) in question within twenty (20) days from the date of selection of its chairman.
F. All fees and expenses of the chairman of the Advisory Council will be shared equally by the parties to this agreement. The fees and expenses of the appointees of the Board and the Association shall be paid by the respective parties.
G. All recommendations of the Advisory Council shall be advisory subject to approval of the Board and the Association. Nothing contained in this article or elsewhere in this agreement shall be construed to prevent any individual employee from presenting and processing a grievance and having it adjusted without intervention or representation by the Association. Failure at any step of this procedure to communicate the decision in writing on a grievance within the specified time limits shall permit the relevant to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants. Forms for processing grievances will be jointly prepared by the School Board and the Association.
Every effort will be made by all parties to avoid interruption of classroom activities and to avoid the involvement of students in all phases of the grievance procedure.
No grievance shall be recognized by the Board of Education or the Association unless it shall have been presented at the appropriate level within twenty (20) days after the aggrieved person knew or should have know that the act or condition on which the grievance is based occurred; and if not so presented, the right of grievance will be forfeited.
5. Initiation of Group Grievances:
Where members of the negotiating unit in more than one school or a group of teachers from several buildings have a grievance, the Association may initiate a group grievance. In such a case, a written grievance must be filed originally with the administrator having jurisdiction over the act or condition or at level two, which ever is applicable, and information copies of the
grievance shall be sent simultaneously to the principals of the employees involved.
Appeals to the Superintendent or grievances filed originally with him under this article shall be heard by the Superintendent or Assistant Superintendent with ten (10) days of the receipt by him of the appeal or grievance. Written notice of time and place of hearing shall be given five (5) days prior thereto to all parties involved. The Superintendent shall render his decision in writing within ten (10) days after concluding the hearing.
General Provision:
No reprisals of any kind will be taken by the Board of Education or by any member of the Administration against any party in interest, any School Representative, any member of the Grievance Committee, or any other participant in the grievance procedure by reason of such participation. No reprisals of any kind will be taken by the Association or any of its members against members of the Board of Education or any member of the Administrative Staff as a result of any such grievance.
The filing or pendency of any grievance under the provisions of this article shall in no way operate to impede, delay, or interfere with the right of the Board to take action to correct the complaint.
Adopted: 9/9/59
Moffat County School District RE-1 Policy 4325.1