Agreement Between
Board of Education
of the
Montebello Unified School District
and
Montebello Teachers Association
THIS AGREEMENT is made and entered into this first day of July, 2004 by and between the BOARD OF EDUCATION OF THE MONTEBELLO UNIFIED SCHOOL DISTRICT, hereinafter referred to as District, and the MONTEBELLO TEACHERS ASSOCIATION, hereinafter referred to as Association.
RECITALS:
WHEREAS, the District and the Association recognize the importance of providing quality education for the students of the Montebello Unified School District and that the character of such education depends predominantly upon the quality and morale of the teaching service; and
WHEREAS, the members of the teaching profession are particularly qualified to assist in formulating policies or programs designed to improve educational standards; and
WHEREAS, the District has a statutory obligation, pursuant to Division 4 of Title 1, Chapter 10.7, Sections 3540-3549 of the Government Code of the State of California, to reach agreement by written document with the exclusive representative of its teaching personnel, to wit: the Association; and
WHEREAS, the parties have reached certain understandings which they desire to confirm in this Agreement; and
In consideration of the following mutual covenants, it is hereby agreed as follows:
I. PREAMBLE
A. The articles and provisions contained herein constitute a bilateral and binding Agreement by and between the District and the Association, a chapter of the California Teachers Association and the National Education Association.
B. This Agreement is entered into pursuant to Division 4, Title 1, Chapter 10.7, Sections 3540-3549 of the Government Code of the State of California.
C. This Agreement shall remain in full force and effect from July 1, 2004 until June 30, 2007.
D. Either party may unilaterally reopen the contract for the school years 2006-2007 with the following conditions.
1. Wages Article XII, plus one article for each may be opened.
2. The Association is not contractually prohibited from striking post-factfinding.
II. RECOGNITION
A. The District recognizes the Association as the exclusive representative of all full time certificated employees under contract with the Montebello Unified School District and part time adult education teachers who are not management or supervisory. Additionally, the District recognizes the right of the Association to represent any Bargaining Unit member appointed to Extended Day, Summer School or other additional assignments covered by this Agreement. Any newly created positions or changes in current positions shall be jointly reviewed to determine their Bargaining Unit status.
B. The parties to this Agreement recognize that the duties and the work performed by the certificated employees in the Bargaining Unit described above shall be performed by the said certificated employees for the term of the Agreement.
III. DEFINITIONS
A. Bargaining Unit member refers to any certificated employee covered by the terms and provisions of this Agreement.
B. Association refers to the Montebello Teachers Association, a chapter of the California Teachers Association and the National Education Association.
C. Board refers to the Board of Education of the Montebello Unified School District or its designated representatives.
D. District refers to the Montebello Unified School District.
E. Certificated Employee refers to those employees covered by the terms and provisions of this Agreement as indicated in the Recognition provision.
F. Classroom Teacher refers to a Bargaining Unit member whose position is described under the job description of Classroom Teacher and/or who is assigned by the site administrator or his/her designee to an instructional setting for sixty (60%) percent of the standard teaching day (Includes RSP and Speech and Language Specialists).
G. Support Personnel refers to any Bargaining Unit member who is not a Classroom Teacher as defined above.
H. Full time Adult Education (AE) and Regional Occupation Program (ROP) Assignment refers to an eighteen (18) hour or more per week assignment in the District.
I. Roving/Rotating Bargaining Unit member in a year round school is one who has a change of room assignment when returning from an intersession during the school year.
J. Day refers to any work day a Bargaining Unit member is required to be in attendance.
K. Professional Day as defined in Hours and Assignments, Sections F and G.
L. Participating Teacher refers to a Referred Participating Teacher or a Voluntary Participating Teacher with permanent status who receives assistance to improve his or her instructional skills, classroom management, knowledge of subject, and/or related aspects of his or her teaching performance in the Peer Assistance and Review program.
M. Referred Participating Teacher refers to a classroom teacher with permanent status referred into the Peer Assistance and Review program through the evaluation process due to an indicated need of assistance.
N. Voluntary Participating Teacher refers to a classroom teacher with permanent status who decides to participate in the Peer Assistance and Review program through the process of self-referral
O. Consulting Teacher refers to a classroom teacher who has taught in a classroom setting for the past three (3) consecutive years, has had a minimum of five (5) years of classroom teaching in the District and has been selected, trained and assigned by the Joint Panel. All Beginning Teacher Support and Assessment Program Support Specialists shall be eligible to be Consulting Teachers beginning in 2000-2001.
P. Joint Panel refers to a panel composed of District and Association members who shall be responsible for selection, training, and assignment of Consulting Teachers.
Q. Beginning Teacher refers to a first or second year classroom teacher or other classroom teacher eligible to participate in the Beginning Teachers Support and Assessment program. The Beginning Teacher program is designed to meet the unique needs of the Pre-Intern, Beginning Teachers Support Assessment program, and other Beginning Teachers.
IV. HOURS AND ASSIGNMENTS
The following hours of service shall be observed by certificated personnel:
A. Hours of Service (Board Day) - Bargaining Unit members
Board Day or the Hours of Service for Bargaining Unit members shall be 8:00 a.m. to 3:15 p.m. or its equivalency. After consultation, equivalent hours may be assigned to individual Bargaining Unit members or special situation assignments by mutual consent. Bargaining Unit members will be required to punctually observe the hours of their assignment.
The Instructional Day for Head Start Teachers shall be two hundred seventy (270) minutes. This is to include the thirty (30) minutes to meet with aides prior to class and thirty (30) minutes after class to meet with second aide. The Board Day for Head Start Teachers shall be five-sixth (5/6) that of regular Bargaining Unit members. All sections of Hours and Assignments, Section D shall be applicable to Head Start Teachers except for Section D-1 where the hours shall be two and one-half (2 1/2) hours instead of three (3) for meetings beyond the Board Day per month. All unmentioned provisions of Hours and Assignments and the total contract are applicable to Head Start Teachers as written.
The Board Day for Infant Toddler Teachers shall be the same as the designated Board day at the high school where the teacher is assigned. The Instructional Day for Infant Toddler Teachers shall be the time period from fifteen minutes prior to the beginning of first period through fifteen minutes following the end of sixth period. Within this period of time each Infant Toddler Teacher shall be assigned a thirty minute duty free lunch. In the case that the designated Board Day at the high school where the teacher is assigned ends prior to fifteen minutes after the end of sixth period, the Infant Toddler Teacher's Board day shall be extended to conform to the fifteen minute requirement stated above. All unmentioned provisions of Hours and Assignments and the total contract are applicable to Infant Toddler Teachers as written.
B. Hours of Service (Board Day) - Support Personnel
Hours of Service for support personnel shall be the same as classroom Bargaining Unit members assigned to the same site. Reasonable equivalent hours for support personnel, which may vary from the regular Board Day for classroom Bargaining Unit members at the site, shall be determined for the succeeding year by June 1 of the current year (April 1, YRS). The support personnel who will be affected shall receive written notice by the aforementioned date.
C. School Calendars
1. School Calendars, including Board Days, for the term of this Agreement are described in Appendix A which is attached hereof and made a part thereof.
2. The traditional calendar shall be one hundred eight-three (183) days including three (3) days of staff development. Recognizing our commitment to improve student achievement, staff development shall be conducted on the first and last days of school, formerly pupil free days.
3. The YRE calendar shall be one hundred seventy-eight (178) days, including three (3) days of staff development. Staff development shall be conducted on the first and last days of school, formerly pupil free days.
D. School/District Business
The time in Sections 1, 2, and 3 below is intended for School/District business. Administrators are not required to use all of the time provided in this section. The term School/District business shall refer to those activities which promote and enhance the professional knowledge, training, preparation, growth, or effectiveness of Bargaining Unit members. One example of School/District business is in-service activities which may include, but are not limited to, conferences, workshops, visitations, staff in-service meetings, individual research, and program/curriculum development. Additionally, this time may be utilized for student/parent conferencing or general staff meetings.
1. A maximum of three (3) hours per school month beyond the time in Paragraphs A and B above as determined by site administrator. These hours are not cumulative from month to month. Written notice will be distributed to all staff members at least one (1) week in advance of the meetings, except in the event of an emergency beyond the control of the site administrator. No meeting shall begin before 7:30 a.m. or end after 4:45 p.m.
2. A maximum of two (2) hours per school month within the Board Day may be required for School/District business. These hours are not cumulative.
3. A maximum of two (2) hours beyond the board day (D.1) may be utilized within the board day (D.2) with mutual agreement from the principal and faculty club chairperson. The agreement must be in writing no less than twenty (20) days prior to implementation. This provision shall take effect July 1, 2006. In no case shall more than five (5) hours of meeting time per school month be required.
4. A maximum of four (4) evenings per school year, as determined by the site administrator. These meetings include such activities as: Back-to-School Night, Open House, Parent Conferences, Graduation, Community Meetings, School Programs, and other activities as deemed necessary and vital to the functioning of the school. Written notice will be distributed to all staff members at least three (3) weeks in advance of the meetings, except in the event of an emergency beyond the control of the site administrator. Lighting, safety, and security must be provided according to existing codes and in accordance with the contractual provision for Safety, Security and General Working Conditions, Article XVII. No evening meetings shall begin before 5 p.m. or end after 9 p.m.
5. For inservice held beyond the Board Day, teachers in identified primary language settings will be permitted to apply at least one (1) hour per month toward Hours and Assignments, Article IV, Section D-1 of the Agreement. Additional time may be credited by approval of the principal.
6. Staff Development Days
a. Staff development for each of these days will focus on instructional methods, including teaching strategies, classroom management and other training designed to improve pupil performance and academic content in the core curriculum.
b. The Staff Inservice Committee will be encouraged to use staff development days within the contractual year. These days shall include, but not be limited to:
(1) Planning and preparing the instructional program.
(2) Keeping records.
(3) Researching curriculum needs.
(4) Conferring with administrators, support personnel and/or colleagues.
(5) Meeting in Committees.
(6) Any and all other activities that would help in improving the instructional program.
E. Staff Inservice Committee
In order to assure effective use of time in Section D which is used for inservice, each sites Bargaining Unit members shall establish a Staff Inservice Committee which shall include staff-elected Bargaining Unit members. The Staff Inservice Committee shall advise and be consulted prior to all site inservice/staff development activities and the selection of all staff development days which are not specified in this Agreement.
F. Teaching and Preparation Time
1. The Board Day shall be seven (7) hours and fifteen (15) minutes. Within the confines of the Board Day, the remaining minutes beyond the standard teaching day (exclusive of lunch, recess and nutrition) shall be interpreted as preparation time. K-12 teachers shall be on the school site seven (7) minutes prior to the start of their first class. All other preparation time need not occur at the school site providing the site administrator or his/her designee has not directed the individual Bargaining Unit member or the staff under Hours and Assignments, Sections D, F, or G. (This will be recognized as the teacher Professional Day.)
Elementary The standard teaching day for K-4 Bargaining Unit members shall not exceed three hundred five (305) minutes. K-4 classroom teachers shall not be responsible for supervision duty except on rainy days. An additional ten (10) minutes shall be added to multi-track year round schools to accommodate a one hundred seventy five (175) day pupil calendar. The staff and site administration shall decide how these minutes will be added to the instructional day.
Intermediate The standard teaching day shall be three hundred five (305) minutes including passing time. An additional ten (10) minutes shall be added to multi-track year round schools to accommodate a one hundred seventy five (175) day pupil calendar. The staff and site administration shall decide how these minutes will be added to the instructional day.
High School The standard teaching day shall be three hundred five (305) minutes including passing time. The standard teaching day shall be five (5) class periods, and an equivalent preparation period shall be assigned to each Bargaining Unit member. An Alternative Teaching Day schedule shall be no more than the equivalent of ten (10) teaching periods in any given school year. Should the site administrator propose an Alternative Teaching Day schedule to a Bargaining Unit member to which the Bargaining Unit member agrees, the Bargaining Unit member and the site administrator shall sign a written statement acknowledging the terms of the agreement. The Term of Agreement form shall be developed by the Human Resources Office and approved by the Association.
2. Supervision
Issues of additional supervision are a site concern and are an appropriate subject for a site-based project agreement. This will be a priority of the joint committee to meet and discuss site-based decision making. The foregoing does not alter the 1991-94 contract language for high school supervision.
The following regulations have been adopted to govern the unassigned preparation time.
3. The following are examples of individual preparation time. This section shall not impact on Section D, Hours and Assignments, Article IV.
a. To plan the instructional program.
b. To prepare instructional materials.
c. To complete record keeping tasks.
d. To research curriculum needs.
e. To confer with parents.
f. To maintain positive classroom environment.
g. To confer with administrators, support personnel and/or colleagues.
h. Committee meetings
i. Inservice Education (at Staff Inservice Committee option).
4. At the discretion of the principal, any Bargaining Unit member may be given an additional teaching assignment, substituting assignment, or special duty assignment during preparation time providing that such assignment is deemed necessary in the best interests of the instructional program. Any Bargaining Unit member given an additional temporary teaching assignment during preparation time shall be compensated at one-sixth (1/6) their per diem rate of pay. This provision must be utilized on an equitable basis at all levels. This provision cannot be used to supplant the employment of substitutes.
5. By mutual consent, any Bargaining Unit member may be given an additional regular teaching assignment during the preparation time and shall be compensated at one-sixth (1/6) their annual rate of pay.
6. Any elementary or intermediate Bargaining Unit member who is assigned a portion of another Bargaining Unit members class shall be additionally compensated at his or her per diem rate of pay proportionate to the time involved and students as determined by the principal. For the purposes of this paragraph an occasion is defined as no more than six (6) students for no more than one day or an entire class for no more than one hour. This provision must be utilized on an equitable basis at all levels. This provision cannot be used to supplant the employment of substitutes.
7. During the preparation time, no Bargaining Unit member has the authority or permission to request a conference with a student if it means that the student must be absent from part of a regular instructional period without prior approval of the instructing teacher.
8. The site administrator shall endeavor to keep classroom interruptions during instructional time to a minimum. At the high school level the site administrator and the Faculty Discipline Representative will present a plan dealing with classroom interruptions to the faculty at the opening of school.
G. Leaving Building During School Day
1. Inasmuch as a large majority of pupils stay at school during the noon hour or return early, the principal shall maintain an adequate staff to cope with any emergency that might arise. Those Bargaining Unit members who are not members of this adequate staff may leave the grounds provided [1] they notify the principal on leaving and [2] they return ten (10) minutes prior to the hour at which their class reconvenes.
2. Friday afternoons or afternoons of the day prior to a holiday, recess, or the day of a required evening meeting are to be kept free from professional meetings in the District.
3. Classroom teachers are required to observe the Professional Day in order to:
a. Teach assigned classes.
b. Attend required meetings/inservices as outlined in Section D.
c. Confer with parents as outlined in Section J.
H. Duty-Free Lunch
A minimum of thirty (30) minutes duty-free lunch shall be provided each day including rainy day schedule.
I. English Language Learner Settings
1. The District shall make reasonable attempts to assist the site administrator to help alleviate the work load of Bargaining Unit members in primary language, ELD and SDAIE settings by
a. Strict adherence to the class size provisions within the contract.
b. Where instruction is required to be delivered in more than one language, no more than one (1) grade level of students will be assigned to primary language settings in grades K-6.
c. No assignment of English speaking students who have been identified as Special Education or retainees to primary language settings.
d. Upon request, and when financially feasible, an attempt will be made to provide a one and one-half (1 1/2) hour instructional assistant to all Bargaining Unit members in primary language settings.
2. District and site administration shall be encouraged to provide instructional assistant time to all Bargaining Unit members in K-8 primary language settings upon request.
3. The District shall provide non-English written and audio-visual materials for use in primary language settings, libraries, and media centers on a par with English language materials.
4. The site administrator and the Staff Inservice Committee are encouraged to address the specific needs of Bargaining Unit members who teach in primary language settings. Staff development days shall be considered as a process to address staff needs.
5. Specially Certificated Bargaining Unit members shall receive the following benefits:
a. A five hundred ($500) dollar, one (1) time payment shall be awarded the first year a teacher with a primary language instruction certification and/or credential is assigned to a full time primary language or Structured English Immersion (SEI) setting. This provision shall apply to Bargaining Unit members participating in the primary language or SEI programs only. This provision shall be retroactive to Bargaining Unit members who previously completed certification and are currently in primary language settings. The District will offer probationary contracts to Temporary Employees who are re-hired and who satisfactorily meet the District Standards in Language Proficiency.
b. The District shall continue to pay the registration for courses offered through the Los Angeles County Bilingual Teacher Training Program (BTTP) designed to assist the Bargaining Unit member in passing the Bilingual Certificate of Competence (BCC/BCLAD) examination.
c. All units for courses designed to assist in the passage of the BCC/BCLAD test shall be applicable as qualifying for advancement from one (1) class to a higher class on the salary schedule. A maximum of fifteen (15) Units will be allowed.
d. Site administrators shall be encouraged to allow Bargaining Unit members to leave campus at the end of their teaching day in order to attend classes designed to assist in the passage of the BCC/BCLAD or LDS/CLAD exam.
e. A three hundred fifty ($350) dollar annual stipend shall be given to each Bargaining Unit member who possesses a primary language instruction certificate and/or credential and is a primary language certificate and/or credential and is a primary language or SEI classroom teacher beginning the first year she/he is assigned to a full time primary language or SEI setting.
6. Bargaining Unit members who have been assigned to a primary language setting shall have the opportunity to request to be assigned to a non-primary language setting, and they shall be interviewed and considered in filling available positions. When a Bargaining Unit member requests a transfer, the Bargaining Unit members current principal does not have veto power over the transfer.
J. Parent Conferences
All parental requests for parent conferences shall be honored (K-12). When a conference which is not regularly scheduled is requested by a site administrator, the Bargaining Unit member shall be notified a minimum of one (1) day in advance except in those situations when a delay in the conference will result in great personal hardship to the student and/or parent/guardian. In such cases the site administrator or the administrative designee shall notify the Bargaining Unit member with respect to the reasons for the conference. These emergency requests shall be honored within the Board Day without interrupting instruction unless the Bargaining Unit member has a prior commitment to a District related responsibility or is unable to meet due to illness.
The Bargaining Unit member may request the presence of a designee of the site administrator in the event that there is reason to suspect that a difficult situation may exist. Such a request shall be honored.
1. Bargaining Unit members are encouraged to conference with parents or guardians of their students regarding individual progress during the school year.
2. Head Start Teacher-Bargaining Unit member will conduct home visits and inform administrator of dates, times, and location of home visits. An administrator shall be available during these home visits for immediate telephone contact.
3. K-4 Settings - Bargaining Unit member shall schedule and attempt to conference with parents/guardians of all students who are assigned to their classrooms, at least twice during the year.
4. 5-8 Settings - Bargaining Unit members shall schedule and attempt to conference with a minimum of thirty (30) parents or guardians of students assigned to their classrooms during the fall conference period. During the second conference period, Bargaining Unit members shall schedule and attempt to conference parents/ guardians of students with whom they have not had contact since the fall conference and whom they have identified as having specific needs relating to school progress.
5. K-8 Settings - Parent conference reports - The Bargaining Unit member shall provide the site administrator with his/her projected conference schedule and summary of results which shall include but not be limited to the following:
a. The name, date and time for each conference scheduled.
b. The name, date and time of each conference held.
6. 9-12 Settings - Through computer services, Bargaining Unit members will generate communications to parent(s)/guardian(s) regarding students who receive a grade of D or lower or who are in danger of failing at the nine (9) week and twenty-eight (28) week grading periods. These communications will request that a parent conference take place and provide parent(s)/guardian(s) with the ability to request the scheduling of a conference. All affirmative responses by parent(s)/guardian(s) will be honored.
7. To meet the needs of parent conferences in this section, the standard teaching days during parent conferencing periods in K-4 settings shall be reduced by no less than six hundred fifty (650) minutes for the school year. The standard teaching day in each 5-8 setting shall be reduced by no less than five hundred sixty (560) minutes for the school year.
K. Tandem Teaching
Tandem teaching assignments (two [2] people sharing one [1] full-time teaching assignment) shall be considered as a single teaching assignment for the purposes of determining contractual obligations and employment conditions. These assignments are not to be construed as being part-time or as having any relationship to or effect upon part-time positions and the rights and obligations of people in such positions under the terms of this contract. Tandem positions are unique and not to be seen as establishing any precedent relative to rights or obligations otherwise authorized by this contract.
1. Tandem teaching assignments shall be with the mutual consent of the site administrator and the teachers involved.
2. A written plan for a tandem teaching assignment shall be presented to the site administrator for approval and referred to the Human Resources office for final approval.
3. Tandem teachers shall be paid at their regular per diem rate of pay and shall be entitled to all health, dental, vision, and life insurance benefits in the same proportion that their assignment bears to a full years assignment.
4. Tandem teachers shall be entitled to all leave provisions in the contract in the same proportion that their assignment bears to a full years assignment.
5. Tandem teachers shall be entitled to all rights, protections, and benefits set forth in this Agreement that are afforded to all Bargaining Unit members.
6. Tandem teachers shall receive one (1) step increase upon the accumulation of each one (1) full time equivalent year.
L. Summer School Personnel
The following regulations are established governing employment and assignment of summer school personnel:
1. Regular Bargaining Unit members in the Montebello Unified School District shall be given preference in summer teaching appointments.
2. Assignments shall be made from those Bargaining Unit members who have an application on file with the Assistant Superintendent, Human Resources.
3. Bargaining Unit members assigned shall be expected to complete their assignments unless, due to decrease in enrollments, it becomes necessary to discontinue classes.
4. Bargaining Unit member assignments will be made by the Assistant Superintendent, Human Resources, and the best interests of the students will be a major consideration in all teaching appointments.
5. The Human Resources division shall send a notification concerning summer school application procedures to each school in the Montebello Unified School District. Bargaining Unit members shall have a period of at least two (2) weeks in which to make formal application for summer school employment to the Human Resources Office.
6. The decision as to which Bargaining Unit members are selected for summer school employment shall rest with the summer school building principals with approval of the Assistant Superintendent, Human Resources. In making these decisions, the principals shall take into consideration the following criteria as determined by the application form and individual interview:
a. When all other factors are substantially equal, preference shall be given first to Bargaining Unit members who have taught the grade and/or subject in question on a regular basis during the preceding year at that site.
b. Bargaining Unit members area of competence.
c. Quality of teaching performance.
d. Bargaining Unit members attendance record.
e. Willingness to accept an assignment away from the regularly assigned school.
f. Appropriate teaching credential.
M. Room Assignments
1. Bargaining Unit members being assigned to more than three (3) different room assignments per day (except for physical education and assignments which require specialized settings) may request the administration and the department(s) to confer and explore other options including, whenever possible, the choice of the preparation time/period.
2. Site Administration shall include consideration of proximity and set-up when making multiple room assignments.
IV. B SUPPORT PERSONNEL
Unless otherwise stated, the total Contract shall be applicable to Support Personnel with the following additions.
A. Support personnel who serve multiple schools shall not be required to exceed time allocation in Hours and Assignments, Section D.
B. Resource Specialist Program and Special Class Teachers shall be assigned to sites based upon State Code requirements. Sites shall be encouraged to use Montebello Unified School Districts special education resources.
C. Each school site shall have a designated translator who is accessible to support staff as well as other Bargaining Unit members at the site.
D. Support staff personnel who serve both year round and non-year round schools shall adhere to the site calendar in which the majority of their time is spent.
E. Support Personnel shall not be required to work beyond the Board Day to complete their regular assignment as a result of being assigned temporarily to a classroom.
F. Whenever possible, the District will avoid utilizing Support Personnel for substitution assignments.
G. The District shall consider formulas developed by professional organizations (such as California School Nurse Organization, California Association of School Psychologists, etc.) in the staffing of school sites.
V. ADULT EDUCATION
A. Definitions
1. Full-Time Bargaining Unit members are those with regular assignments of eighteen (18) hours or more per week.
2. Temporary Bargaining Unit members are those with regular assignments of less than eighteen (18) hours per week.
B. Hours of Service
1. All Bargaining Unit members are expected to adhere to the assigned hours. Any deviation from the schedule must have prior approval of the appropriate administrator.
2. All Bargaining Unit members will be required to attend not more than two (2) meetings per semester of not more than one and one-half (1 1/2) hours each. This provision shall exclude full-time adult education Bargaining Unit members who teach on a high school site during the regular 9-12 school day.
3. All full-time Bargaining Unit members contracted for Adult Education for instructing 9-12 pupils on a 9-12 site, who have been assigned six (6) periods, shall have one of those periods for preparation. By mutual consent, any Bargaining Unit member may be given an additional regular teaching assignment during the preparation period and shall be compensated at one-sixth (1/6) their annual or appropriate hourly rate of pay, whichever applies.
4. The work year of all full-time adult education teachers, who teach five (5) periods and who are assigned to a high school site during the regular 9 to 12 school day, shall correspond to the high school teachers work year. (Hours and Assignments, Sections A-H).
C. Grievance Procedures
The procedures as outlined in Grievance Procedures will apply to all Bargaining Unit members.
D. Wages
1. Except as otherwise provided in Section F below, all Adult Education Bargaining Unit members shall be placed on the salary schedule listed below. Bargaining Unit members are entitled to masters degree and anniversary increments. The salary schedule is developed on a 1:1.330 ratio in six (6) steps.
INDICES
STEP
1. 1.00000
2. 1.05500
3. 1.11000
4. 1.22000
5. 1.27500
6. 1.33000
Step 1 All Bargaining Unit members who have not previously worked for the Montebello Unified School District Adult Education Program on a regular basis.
Step 2 All Bargaining Unit members who have completed one (1) year of a regular assignment with the Montebello Unified School District Adult Education Program.
Step 3 All Bargaining Unit members who have completed at least two (2) years of a regular assignment with the Montebello Unified School District Adult Education Program.
Step 4 All Bargaining Unit members who have completed at least three (3) years of a regular assignment with the Montebello Unified School District Adult Education Program.
Step 5 All Bargaining Unit members who have completed at least four (4) years of a regular assignment with the Montebello Unified School District Adult Education Program.
Step 6 All Bargaining Unit members who have completed at least five (5) years of a regular assignment with the Montebello Unified School District Adult Education Program.
2. The masters degree increment and anniversary increment shall be granted to all full-time Adult Education Bargaining Unit members and shall be comparable to those granted to K-12 Bargaining Unit members.
3. Bargaining Unit members must work sixty (60%) percent of their assigned hours for a full school year to qualify for advancement on the salary schedule.
4. Bargaining Unit members who substitute shall be paid their regular hourly rate.
5. All Bargaining Unit members with an assigned class which meets on the holidays listed below will be compensated as if that class had met.
a. Veterans Day
Thanksgiving Day
Dr. Martin Luther King Jr. Day
Lincoln Day
Washington Day
Memorial Day
b. Full-time Adult Education Bargaining Unit members in addition receive:
Friday after Thanksgiving
6. All full-time Bargaining Unit members contracted for Adult Education for instruction of 9-12 pupils on a 9-12 site will be placed on the appropriate certificated salary schedule for which they qualify and shall be eligible for all contractual benefits.
a. Persons possessing a valid secondary school credential shall be given preference in filling positions at comprehensive 9-12 sites.
b. All full-time Adult Education Bargaining Unit members, who are eligible to be on the K-12 salary schedule, who have a regular assignment of five (5) periods and an equivalent preparation period at a high school site, shall be placed on the Adult Education or K-12 salary schedule, whichever is greater. A year of such service qualifies the Bargaining Unit member for a one (1) step advancement on either schedule interchangeably.
7. All full-time Adult Education Bargaining Unit members shall receive wages in ten (10) equal warrants.
8. A one thousand ($1000) dollar amount shall be granted to each Full Time Adult Education Bargaining Unit member upon receipt of any K-12 teaching credential and each year thereafter beginning July 1, 2004. No more than one such credential stipend shall be granted to any Adult Education Bargaining Unit member per year.
E. Transfer/Reassignment Policy
1. All tentative vacancies will be posted at Bell Gardens, Montebello, Schurr and Ford Park Adult Centers by the Adult Education Administration.
2. Requests for transfer should be sent to the Director of Adult Education.
3. Requests for summer assignments shall be made in writing to the Director of Adult Education or Adult School Principal.
4. Provisions of Transfer and Reassignment Policy do not apply to temporary Bargaining Unit members but consideration will be given to all requests for transfer, vacancies and summer school employment.
F. Health and Welfare Benefits
All of Health and Welfare Benefits applies to full time Bargaining Unit members. Temporary Bargaining Unit members are not covered by this section. If a full time Bargaining Unit members Adult Education assignment falls below eighteen (18) hours per week, benefits will cease on the first day of the month following the reduction.
G. Leave Policy
It shall be the policy of the Board of Education to consider individually, requests for leave of absence for purposes other than military service, pregnancy, or for health reasons. Requests for leave for health reasons shall be upon verification of a physicians recommendation.
1. All full-time Adult Education Bargaining Unit members (except those covered in Hours and Assignments, Section F) shall have full leave benefits as described in Leave Policy with the following exception:
All full-time adult education teachers are eligible to apply for a sabbatical leave. A maximum of one sabbatical leave may be granted each year to a qualified adult education Bargaining Unit member. Adult Education applicants will be reviewed and ranked separately by the Sabbatical Leave Committee. Any leave granted shall be funded through Adult Education funds at fifty (50%) percent of the recipients regular rate of pay on the base salary schedule.
2. The following leave provisions, as per Leave Policy, shall apply to temporary Adult Education Bargaining Unit members:
a. Sick Leave of Absence
b. Personal Necessity Leave Using Sick Leave
c. Industrial Accident Leave
d. Bereavement Leave
3. Adult Education Bargaining Unit members, and other Bargaining Unit members serving in a regular hourly position requiring certification, shall be entitled to benefits under illness leave on the basis of receiving one (1) hours leave for each eighteen (18) hours of pay expected to be received by June 30 of each school year. If such Bargaining Unit member does not take the full amount of leave allowed in any school year under this section, the amount not taken shall be accumulated from year to year to an indefinite number of hours.
Leave benefits become effective with the assignment of a Bargaining Unit member and are based upon that assignment. Leave shall be paid in accordance with class hours as approved by the Director of Adult Education who shall determine that the class is continuing under a substitutes direction or would have been continued had not the instructor been taken ill.
4. Full-time Adult Education Bargaining Unit members may, at their option, sell back and be paid for any unused sick leave days for that year at the end of each school year. Payment will be made at the daily rate paid to K-12 substitutes in the Montebello Unified School District according to the following formula:
Average Number of Hours Worked Daily x K-12 Daily Substitute Rate
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5. Difference Pay - Full time Adult Education Bargaining Unit members in other than K-12 assignments shall receive one hundred (100) days of difference pay at fifty-five (55%) percent of their regular hourly rate under the same conditions as K-12 teachers. The one hundred (100) working days at difference pay shall not apply to extended day activities or non-contract duties such as teaching driver training. A Bargaining Unit member who uses any portion of the days herein provided during one (1) school year shall be limited to the balance of the unused days thereafter for the same illness when the leave is continuous. The same illness shall be determined by the Bargaining Unit members attending physician. The Board reserves the right to require independent medical verification of such determination.
H. Tenure
To qualify for tenure, the Bargaining Unit member, during each of the two (2) probationary years, must work a minimum of eighteen (18) hours per week and teach at least seventy five (75%) percent of the individual teachers assigned teaching days. Tenure will be granted after two (2) years of successful teaching for the average number of hours worked during the two (2) probationary years and in subject or subjects taught during that period. Summer session is not included.
I. Evaluation Procedures
Procedures in Appendix B will apply to full-time Bargaining Unit members.
VI. ROP
A. Definitions
1. Full-Time Bargaining Unit members are those with regular assignments of eighteen (18) hours or more per week.
B. Hours of Service
1. All Bargaining Unit members are expected to adhere to the assigned hours. Any deviation from the schedule must have prior approval of the appropriate administrator.
2. All Bargaining Unit members will be required to attend not more than two (2) meetings per semester of not more than one and one-half (1 1/2) hours each.
3. All full-time Bargaining Unit members contracted for ROP for instructing 9-12 pupils on a 9-12 site, who have been assigned six (6) periods, shall have one of those periods for preparation. By mutual consent of the Bargaining Unit member and the Director, Career Vocational Education, any Bargaining Unit member may be given an additional regular teaching assignment during the preparation period and shall be compensated at one-sixth (1/6) their annual or appropriate hourly rate of pay, whichever applies.
4. The work year of all full-time ROP teachers, who teach five (5) periods and who are assigned to a high school site during the regular 9 to 12 school day, shall correspond to the high school teachers work year. (Hours and Assignments, Sections A-H).
C. Grievance Procedures
The procedures as outlined in Grievance Procedures will apply to all Bargaining Unit members.
D. Wages
1. Except as otherwise provided in section F below, all full-time ROP Bargaining Unit members shall be placed on a three-step salary schedule including masters degree and anniversary increments as follows:
Step I All Bargaining Unit members who have completed one (1) year of a regular assignment with the Montebello Unified School District ROP.
Step II All Bargaining Unit members who have completed at least two (2) years of a regular assignment with the Montebello Unified School District ROP.
Step III All Bargaining Unit members who have completed at least three (3) years of a regular assignment with the Montebello Unified School District ROP.
2. The masters degree increment and anniversary increment shall be granted to all full-time ROP Bargaining Unit members and shall be comparable to those granted to K-12 Bargaining Unit members.
3. Bargaining Unit members must work sixty (60%) percent of their assigned hours for a full school year to qualify for advancement on the salary schedule.
4. Substitutes will be paid the hourly ROP rate.
5. All full-time Bargaining Unit members contracted for ROP instruction of 9-12 pupils on a 9-12 site will be placed on the appropriate certificated salary schedule for which they qualify and shall be eligible for all contractual benefits. All full-time ROP Bargaining Unit members, who are eligible to be on the K-12 salary schedule, who have a regular assignment of five (5) periods and an equivalent preparation period at a high school site, shall be placed on the Adult Education or K-12 salary schedule, whichever is greater. One year of such service qualifies the Bargaining Unit member for a one (1) step advancement on either schedule interchangeably.
6. All full-time ROP Bargaining Unit members shall receive wages in ten (10) equal warrants.
7. Full-time ROP Bargaining Unit members shall be paid for Thanksgiving Day and Washington Day.
E. Transfer/Reassignment Policy
All of Transfer and Reassignment Policy of the contract will apply to full-time Bargaining Unit members with the following conditions:
1. Tentative vacancies will be posted in the ROP Offices.
2. Requests for transfer should be sent to the Director, Career Vocational Education.
3. Requests for summer assignments shall be made in writing to the Director, Career Vocational Education.
4. Provisions of Transfer and Reassignment Policy do not apply to temporary Bargaining Unit members but consideration will be given to all requests for transfer, vacancies and summer school employment.
F. Health and Welfare Benefits
All of Health and Welfare Benefits applies to full time Bargaining Unit members. If a full time Bargaining Unit members ROP assignment falls below eighteen (18) hours per week, benefits will cease on the first (1st) day of the month following the reduction.
G. Leave Policy
It shall be the policy of the Board of Education to consider individually, requests for leave of absence for purposes other than military service, pregnancy, or for health reasons. Requests for leave for health reasons shall be upon verification of a physicians recommendation.
1. All full-time ROP Bargaining Unit members shall have full leave benefits as described in Leave Policy.
2. Full-time ROP Bargaining Unit members, serving in a regular hourly position requiring certification, shall be entitled to benefits under illness leave on the basis of receiving one (1) hours leave for each twenty (20) hours of pay expected to be received by June 30 of each school year. If such Bargaining Unit member does not take the full amount of leave allowed in any school year under this section, the amount not taken shall be accumulated from year to year to an indefinite number of hours.
Leave benefits become effective with the assignment of a Bargaining Unit member and are based upon that assignment. Leave shall be paid in accordance with class hours as approved by the Director, Career Vocational Education who shall determine that the class is continuing under a substitutes direction or would have been continued had not the instructor been taken ill.
3. Full-time ROP Bargaining Unit members may, at their option, sell back and be paid for any unused sick leave days for that year at the end of each school year. Payment will be made at the daily rate paid to K-12 substitutes in the Montebello Unified School District according to the following formula:
Average Number of Hours Worked Daily x K-12 Daily Substitute Rate
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4. Difference Pay - Full-time ROP Bargaining Unit members in other than K-12 assignments shall receive one hundred (100) days of difference pay at fifty-five (55%) percent of their regular hourly rate under the same conditions as K-12 teachers. The one hundred (100) working days at difference pay shall not apply to extended day activities or non-contract duties such as teaching driver training. A Bargaining Unit member who uses any portion of the days herein provided during one (1) school year shall be limited to the balance of the unused days thereafter for the same illness when the leave is continuous. The same illness shall be determined by the Bargaining Unit members attending physician. The Board reserves the right to require independent medical verification of such determination.
H. Evaluation Procedures
Procedures in Appendix B will apply to full-time Bargaining Unit members.
VII. CLASS SIZE/FACILITIES PLANNING
A. Intent
The Board and the Association believe that the goal of the District is to program a reasonable number of students into each class. Oversize classes are a detriment to learning and should be avoided whenever possible. In pursuit of this goal, site administrators shall take into consideration the number of functioning work stations available within a classroom prior to the assignment of students into that classroom.
B. Student-Teacher Staffing Formulas
Subject to the California Education Code, the Board shall determine the student-teacher staffing formulas.
C. Class Size
1. Grades K-4
The administration shall create classes with thirty-three (33) students or less.
2. Grades 5-8
The administration shall create classes with an average of thirty-four (34) students or less, with not more than one class in excess of thirty-four (34) students, except in keyboarding/typing, performing arts and physical education subject to the following limitations:
a. all keyboarding/typing classes shall have a maximum of forty (40) students;
b. all performing arts classes shall have a reasonable number of students; and,
c. all physical education classes shall have an average of forty (40) students or less for each Bargaining Unit member, with not more than one class in excess of forty (40) students.
3. Grades 9-12
The administration shall create classes with an average of thirty-six (36) students or less, with not more than one class in excess of thirty-six (36) students, except in keyboarding/typing, performing arts and physical education subject to the following limitations:
a. all keyboarding/typing classes shall have a maximum of forty-two (42) students;
b. all performing arts classes shall have a reasonable number of students; and
c. all physical education classes shall have an average of forty-four (44) students or less for each Bargaining Unit member. The District and Association will monitor jointly the physical education class sizes at each comprehensive high school by October 15.
4. The class size limitations set forth above shall apply unless additional students are requested by the Bargaining Unit member.
5. If class size limitations are exceeded, the administration shall have twenty (20) working days in which to correct the situation by reassigning students, providing additional teachers or providing additional instructional aide time upon request.
6. If any Bargaining Unit member maintains a class with excessive students for more than fifty per cent (50%) of any semester, the Bargaining Unit member may apply, with adequate documentation, for one hundred fifty dollars ($150) in additional funds for supplementary materials to enhance the educational program. The application must be made within twenty (20) working days of the ensuing semester. The materials will be purchased during the ensuing semester unless the site administrator and Bargaining Unit member make other arrangements.
D. Class Size Reduction (CSR) and Facilities Planning
1. The number of students in CSR settings will be in accordance with the law.
2. District CSR and Facilities Planning Committee
a. The Committee will consist of an equal number of representatives from the District and the Association.
b. The purpose of the Committee is as follows:
(1) Share information concerning legal mandates, Board policy, and other information regarding CSR and Facilities Planning Committee.
(2) Discuss implementation plans for CSR and Facilities Planning Committees.
c. The Committee will publish and distribute informational materials regarding CSR to all participating sites.
d. The Committee may take notes for publication and dissemination.
3. Site CSR and Facilities Planning Committees.
a. The principal at each participating site will create a CSR and Facilities Planning committee by the twentieth (20th) working day of the school year.
(1) Each committee will meet at least four (4) times a year.
(2) Each committee will include, but not be limited to, the principal, a teacher from each grade level elected by Bargaining Unit members at that site, classified personnel, parents, and support staff.
(3) Each committee will elect its own chairperson(s).
b. Each committee will make recommendations to the principal regarding the following aspects of CSR:
(1) Facilities Planning
(2) Grade level implementation for CSR
(3) Training for CSR
(4) Timelines for implementation for CSR and Facilities
(5) Short and long term goals for the site CSR and Facilities
(6) Other issues as determined by the committee.
c. The principal will present the CSR and Facilities Plan to the committee prior to submitting the plan to the District.
d. The chairperson(s) will be responsible for the following:
(1) Notices of meetings
(2) Record keeping
(3) Maintenance of notes for publication and dissemination.
e. Committee members may seek training in some or all of the following areas:
(1) Decision making
(2) Consensus
(3) Team building
(4) Conflict resolution.
f. Committees will establish their own operating procedures.
VIII. YEAR ROUND SCHOOLS
A. The beginning date of year round schools shall be July 1. If increased enrollment necessitates the addition of other year round schools, Bargaining Unit members in the schools to be designated shall be provided the same opportunity to transfer to a non-year round school when openings are available as was previously permitted. The District and the Association agree to negotiate and reach an agreement on all mandatory terms and conditions affecting Bargaining Unit members.
B. For Year Round School Calendar, see Appendix A.
C. For the term of the contract, an involuntary transfer to a different track shall be applicable to Transfer and Reassignment Policy Track assignments and notification for the following school year shall be completed prior to May 1. In the event that a change occurs which necessitates an involuntary transfer of a Bargaining Unit member to a different track after the May 1 notification, the procedure outlined in Article XIII, Section D 2 c shall apply. Bargaining Unit members at a site shall be provided first consideration for an opening at that site for a different track for the subsequent school year.
Should it become necessary to transfer a Bargaining Unit member(s) to a different track, the primary consideration in making such a change shall be program needs at the school(s) concerned. The criteria for establishing the staffing needs for the school(s) program may also include, but not be limited to:
1. Teacher seniority
2. Credentialing requirements
3. Experience in teaching specific subject areas
After consideration of the above criteria, a conference shall be held with the Bargaining Unit member. A written summary outlining the specific reasons for the decision covered in the conference will be provided the Bargaining Unit member upon request. The Bargaining Unit member may request a transfer to another school and shall be given first consideration for the transfer request if a track change occurs.
D. Under Hours and Assignments, Section D will be adjusted to reflect an equivalent number of hours assigned to Bargaining Unit members in non-year round schools.
E. 1. If enrollment increases, thus creating the need for additional classroom settings, it is agreed that every reasonable alternative will be considered to avoid Roving/Rotating Bargaining Unit members. These alternatives shall be discussed with the Association and shall include, but not be limited to, such alternatives as providing additional classrooms, converting spaces not being used as classrooms into classrooms, 12-month Bargaining Unit members, boundary changes, maximum enrollment, transportation, and implementing double session. Final decision regarding this issue shall be made by the Superintendent.
2. Should it become necessary to assign a Bargaining Unit member to a Roving/Rotating assignment, the primary consideration in such an assignment will be the school(s) educational program needs. Before reaching a final decision, additional areas of consideration may include grade level needs, teacher seniority, credential requirements and experience in teaching specific subject areas. Each year when assigning a Roving/Rotating position, the following procedures shall be followed:
a. The site administrator will request volunteers following a discussion with all Bargaining Unit members involved.
b. Prior to their assignment at year round schools, newly employed or voluntarily transferred Bargaining Unit members will be notified that they will be considered first for Roving/Rotating assignments should no volunteers come forward.
c. If additional Roving/Rotating assignments are still necessary, the site administrator may assign Bargaining Unit members to a Roving/Rotating position. A meeting shall be held with all site Bargaining Unit members whereby input shall be solicited and considered before final decisions are made. A conference shall be held with the affected Bargaining Unit members and a written summary outlining the specific reasons for the decision and selection process will be provided to the Bargaining Unit member upon request.
3. The following considerations shall be provided by the District to teachers affected by Roving/Rotating assignments.
a. The District will be responsible for packing and moving all district materials for a Roving/Rotating teacher from one room to another at each room change. These moves will be accomplished at a time that will not interfere with the existing educational program. The Roving/Rotating Bargaining Unit member shall receive a stipend of two hundred fifty ($250) dollars for inconvenience in the preparation for moving to another room.
b. Bargaining Unit members shall receive a stipend of one hundred ($100) dollars for inconvenience in disassembly and re-assembly of the assigned classroom when it is utilized by another teacher serving in a Roving/Rotating assignment.
c. The District shall provide reasonable assistance in storing or moving materials as required by room scheduling needs.
d. Movable cabinets will be provided for the use of Roving/Rotating Bargaining Unit members for the storage of materials.
e. Whenever possible, no extra duty assignments (i.e. committee meetings, after school meetings or activities, etc.) will be assigned to affected Bargaining Unit members the week prior to and following each room move.
4. Special consideration will be made to avoid Roving/Rotating Unit members in kindergarten or first grade settings.
F. At the end of each school year, Bargaining Unit members seeking a voluntary transfer to a non-year round school shall be given first consideration for the transfer requests.
G. Support staff personnel in year round programs shall be at a daily level per student, no less than what is offered in the traditional program. A conference with the affected member and the site administrator shall be held to determine support staffs annual assignment. Whenever possible, support staffs annual assignment shall be by mutual consent as a normal procedure. An involuntary assignment shall be applicable to Transfer and Reassignment Policy. Assignments and notification for the following school year shall be completed prior to May 15.
H. Bargaining Unit members shall be eligible for unpaid leaves of absence for up to one (1) session of track assignment (as provided for in Leave Policy, Section W). Leave requests must be submitted at least four (4) weeks prior to the first day of leave.
I. A Bargaining Unit member may have the flexibility to extend his/her intersession by providing for coverage with another year round Bargaining Unit member. This should be verified in writing by the Bargaining Unit member and approved by the site administrator. Written justification of a denial shall be given to the Bargaining Unit member by the site administrator.
J. The District encourages Bargaining Unit members to apply for substitute teaching assignments. Should the Human Resources Office intend to remove a Bargaining Unit member from substitute availability, the Human Resources Office will notify the Bargaining Unit member. Upon request, a conference will be held with the affected Bargaining Unit member prior to removal. A written summary outlining the specific reasons for the decision will be provided upon request. Nothing in this provision negates or restricts the District rights under E. C. 44953.
K. The District shall agree to give a minimum of one (1) year prior notice to all year round school Bargaining Unit members should the elimination of year round schools occur. In the event that one (1) year prior notice is not possible, the District shall maintain the twelve (12) calendar months pay period for one (1) year following such change, at Bargaining Unit members request. If a configuration other than traditional schools were to be implemented, the District and the Association shall negotiate and reach agreement on all mandatory terms and conditions affecting Bargaining Unit members.
L. If a Bargaining Unit member is involved in a transfer from a year round school to a non-year round school, the District shall maintain the twelve (12) calendar month pay period for one (1) full school year following such change, at the Bargaining Unit members request. The District shall notify the Bargaining Unit member in writing of the transfer and the pay warrant options as soon as practicable. If the transfer takes place anytime after July 1, this contract provision calling for twelve (12) equal checks will not apply, so that all pay must be made by June 30 of that school year.
M. Each year round school staff shall develop a plan for communicating with off-track Bargaining Unit members. The site administrator shall implement the plan. The site administrator will publish in his/her normal written communication, a list of those teachers who will be assigned Roving/Rotating and Intersession assignments and the rooms they will occupy when the site administrator schedules such assignments.
IX. NON-PERMANENT CERTIFICATED EMPLOYEES
IX. A. TEMPORARY CONTRACT TEACHERS
A. Definitions:
1. School Year: At least seventy-five (75%) percent of the number of required service days for the position for such school year.
2. Vacant Position: A position in which the Bargaining Unit member is qualified to serve and which is not filled by a permanent or probationary Bargaining Unit member. It shall not include a position which would be filled by a permanent or probationary Bargaining Unit member, except for the fact that such a Bargaining Unit member is on leave of absence or position leave.
B. Any person employed for one (1) complete school year as a temporary unit member shall, if reemployed for the following school year in a vacant position requiring certification qualifications, be classified as a probationary unit member and the previous years employment as a temporary unit member shall be deemed one (1) years employment as a probationary unit member for purposes of acquiring permanent status.
The decision as to which temporary Bargaining Unit members are selected for re-employment as probationary Bargaining Unit members shall rest with the Assistant Superintendent, Human Resources. The criteria for making selections shall include but not be limited to the following:
1. The program and educational needs of the District as a whole.
2. The program and educational needs of individual school programs.
3. The quality of performance evaluations.
4. Credentialing requirements.
5. Bargaining Unit members subject areas of competence.
6. Bargaining Unit members length of in-district service under contract.
7. Balance of district teaching staff in terms of race, ethnicity and sex.
C. By November 1 of each year, adjustments in the number of temporary contract/probationary positions shall be established.
D. Temporary contract Bargaining Unit members, who are not hired at the conclusion of the school year, will be provided the opportunity to personally pay to the District two (2) months insurance premiums for the district insurance coverage. If the individual temporary contract Bargaining Unit member is re-hired the subsequent year, the two (2) monthly premium payments will be returned to the individual.
E. A one (1) semester, full-time assignment, temporary contract Bargaining Unit member shall have full health and welfare benefits for that semester.
IX. B. PROBATIONARY TEACHERS
The District recognizes that probationary teachers are accorded specific due process rights pursuant to the Education Code, and will continue to recognize those rights.
X. ORGANIZATIONAL SECURITY
A. The Board and the Association recognize the right of employees to form, join, and participate in activities of employee organizations.
B. Any employee who is a member of the Association, or who has applied for membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues in the Association. Such authorization shall continue in effect from year to year unless revoked in writing. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such dues from the regular salary check of the Bargaining Unit member each month for ten (10) months. Deductions for Bargaining Unit members who sign such authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year. Association members who currently have authorization cards on file for the above purpose need not be re-solicited.
C. Any employee covered by the terms of this Agreement, who is not a member of the Association, shall pay to the Association a representational fee or authorize a payroll deduction for such payment as a condition of continued employment. The amount of the representational fee shall be established by the Association no later than August 1 immediately preceding the commencement of the school year. In no case shall the amount of the representational fee exceed the combined dues paid by regular members of the Association. There shall be no charge to the Association for such mandatory agency fee deduction. For those employees who have not within thirty (30) days of commencement of employment authorized a payroll deduction for payment to the Association of the membership fee or representational fee, the District shall immediately begin automatic payroll deduction of the representational fee.
D. Any Bargaining Unit member who is a member of a religious group whose beliefs prohibit joining an employee organization or paying a representational fee to such an organization shall demonstrate such membership and beliefs to the Representational Fee Appeals Panel to be established by the Association. A member desiring to be exempt from joining the Association or paying the representational fee shall file a claim of exemption with the Association.
Any Bargaining Unit member who is deemed qualified by the panel as a religious objector shall not be required to join or financially support the Association as a condition of employment; such Bargaining Unit member shall pay, in lieu of an agency fee, a sum equal to such agency fee to one of the following non-religious, non-labor organization, charitable organizations exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code:
1. Foundation to Assist California Teachers
2. Martin Luther King, Jr. Memorial Scholarship Fund
César Chavez Memorial Education Awards Program
3. Montebello YMCA
To receive a religious exemption, the Bargaining Unit member must submit a detailed written statement establishing the basis for the religious exemption to the panel. If accepted, payment shall be made on or before the due date for cash dues/fees for each school year to one of the above charities. Proof of payment shall be made on an annual basis to the Association and District as a condition of continued exemption from the payment of the agency fee. Proof of payment shall be in the form of receipts and/or cancelled checks indicating the amount paid, date of payment, and to whom payment in lieu of the agency fee has been made. No in-kind services may be received for payments, nor may the payment be in a form other than money, such as the donation of used items. Such proof shall be presented on or before the due date for cash dues/fees for each school year.
E. With respect to all sums deducted by the District pursuant to authorization of the employee, whether for membership dues or representational fees, the District agrees promptly to remit such monies to the Montebello Teachers Association and to send to the Association monthly an alphabetical list of Bargaining Unit members for whom such deductions have been made, indicating the amount of the deduction and indicating any changes in personnel from the list previously furnished.
F. The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.
G. The District shall be responsible for ensuring compliance with Sections C-D. The Association shall notify the District of delinquencies in the payment of money for Association dues (dues paid directly to the Association by members), or representational fees. The District shall implement payroll deduction for the annual fees, pro-rated into equal installments, for the remaining payroll deduction periods within thirty (30) days after the Association notifies the District in writing that an employee has violated the organizational security provisions of this Article and the Association requests payroll deductions to be initiated.
H. The Association agrees to pay for all reasonable fees and costs and further agrees to indemnify and hold the District harmless from any and all claims, demands, settlements, judgments, or any other costs arising from the provisions of this Article.
I. The District agrees to forward the names of all Bargaining Unit members with five (5) years or more experience in the Bargaining Unit who become administrators, within thirty (30) days of the change of status.
XI. GRIEVANCE PROCEDURES
A. Definitions
1. A grievance is a claim by one or more Bargaining Unit members that there has been a violation, misinterpretation or misapplication of a provision of this Agreement.
2. A grievant is a person or persons filing a grievance.
3. A day is any day during which Bargaining Unit members are required to be in attendance.
4. Immediate Administrator is the administrator having immediate jurisdiction over the employee who is filing the grievance. In the event that an employee reports to more than one administrator, the school site administrator is the immediate administrator.
B. Purpose
1. Most grievances arise from misunderstandings or disputes which should be settled promptly and satisfactorily on an informal basis at the immediate administrative level. The employer and employee organization agree that every effort will be made by management and the grievant to settle grievances at the lowest possible level. Inasmuch as dissatisfactions and disagreements arise among people in any work situation, the filing of a grievance shall not be construed as reflecting unfavorably upon an employees good standing. Employees, employee representatives and all other persons involved in the presentation of a grievance will be free from restraint, interference, coercion, discrimination or reprisal.
2. Any employee may present grievances relating to a contract dispute to his employer and have such grievances adjusted without the intervention of the employee organization as long as the adjustment is not inconsistent with the terms of this Agreement.
3. Failure by the administration to adhere to decision deadlines shall mean that the administration finds in favor of the aggrieved person. Failure of the employee to adhere to the submission deadlines shall mean that the employee is satisfied with the latest decision and waives any right to further appeal. However, nothing prevents the parties from extending the dates by mutual agreement.
4. In the event a grievance is filed at such a time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and, if left unresolved until the beginning of the following school year, could result in harm to the grievant, the time limits set forth herein may be reduced by mutual consent so that the procedure may be exhausted prior to the end of the school year or as soon as is practicable.
C. Grievance Procedures
1. Informal Level
Any employee who believes he/she may have a grievance shall request a conference(s) with his/her immediate supervisor. This request must take place within ten (10) days after the grievant knew or reasonably should have known of the circumstances which form the basis for the grievance. Failure to do so will render the grievance null and void. In the event the conference does not take place within five (5) days following the request, the Bargaining Unit member may proceed to Level 1. It is the intent of the Informal Level that at least one personal conference be held between the grievant and the immediate administrator to attempt to resolve the matter.
2. Level 1
If the grievance is not settled to the satisfaction of the grievant within fifteen (15) days of his original request for a conference at the Informal Level, but no longer than five (5) days following the conference, the grievant shall present the grievance in writing to the immediate administrator and to the Association. The written grievance shall include (a) names, dates and places necessary for a complete understanding of the grievance; (b) a listing of the provision(s) of this Agreement which are alleged to have been violated or misapplied; (c) a listing of the reasons why the original resolution of the problem is unacceptable; and (d) a listing of specific actions requested which would remedy the grievance. The administrator shall respond to the grievant in writing within five (5) days after the Level 1 meeting or receipt of Level 1 grievance submission form.
3. Level 2
If the grievant is not satisfied with the disposition of the grievance, the grievant shall, within five (5) days, transmit grievance documentation from Level 1 to the Superintendent or the Superintendents designee. Within ten (10) days from the receipt of the grievance, the Superintendent or designee shall meet with the employee on the grievance and shall indicate the disposition of the grievance in writing within five (5) days of such meeting and shall furnish a copy thereof to the grievant.
4. Level 3
If the grievant is not satisfied with the disposition of the grievance at Level 2, the grievant, with the concurrence of the Association, within ten (10) days after a decision by the Superintendent or said designee, may submit the grievance to arbitration. If any question arises as to the arbitrability of the grievance, such question shall be ruled upon by the arbitrator prior to initiating the hearing. The arbitrator, however, may request from the parties any information that he/she deems necessary to rule on the issue of arbitrability.
5. Either party prior to the arbitration hearing may elect to have the matter submitted to mediation before the same arbitrator/mediator. The parties will not be represented by attorneys at such mediation. The cost of the mediation shall be borne equally by the parties. If mediation is not agreed upon by both parties, the party who requests mediation shall pay the costs of the mediation. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two (2) parties within ten (10) days after said notice is given. If the two (2) parties fail to reach agreement on an arbitrator within ten (10) days of submitting the grievance for arbitration, Judicial Arbitration and Mediation Services, Inc. (JAM) will be requested to supply a list of five (5) names. Only those who have mediated or arbitrated a minimum of ten (10) labor related cases and who are available to hear the case within forty-five (45) days may appear on the list. Either party will alternately strike from the list until only one (1) name remains. The order of striking will be determined by lot. If no qualified JAM arbitrator is available within forty-five (45) work days, an arbitrator shall be selected from a list of five (5) names provided by the American Arbitration Association (AAA). The list of names provided by the AAA shall only contain those arbitrators who have mediated/arbitrated at least ten (10) labor related cases and who are available to hear the case within forty-five (45) days. If no qualified arbitrator is available within such forty-five (45) work days, a qualified arbitrator shall be selected from a list provided by JAM.
6. The arbitrators decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of this Agreement. However, it is agreed that the arbitrator is to include in any decision such reimbursement for financial loss of wages or fringe benefits or other non-financial remedies as judged to be proper. The decision of the arbitrator will be submitted to the Superintendent and the Association and will be final and binding upon the parties to this Agreement.
7. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. The arbitrator shall have no power to establish salary structures. The arbitrator shall have no power to change any practice, policy or rule of the public school employer nor to substitute his/her judgment for that of the public school employer as to the reasonableness of any such practice, policy, rule or any action taken by the public school employer outside the scope of this Agreement.
8. All fees, expenses, and costs of the arbitrator shall be paid by the party against whom the decision is rendered. All costs and expenses of the arbitrator for the first three days shall be limited to eight hundred dollars ($800) per day with days four (4) and five (5) limited to one thousand dollars ($1000) per day when a JAM arbitrator is used and the decision is not favorable to the Association. If the decision of the arbitrator is not entirely favorable to either party, the arbitrator shall decide the cost liability of each party limited to the maximum costs described above. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
If any grievance meeting or hearing must be scheduled during the school day, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time. The arbitrator will be requested to schedule the grievance procedure at times causing the least disruption of the student day.
9. Either party may request an individual to make a written record of the entire arbitration hearing. The cost of the services and expense of such individual shall be paid by the requesting party or shared by the parties if they both mutually agree.
D. Rights to Representation
1. No party to a grievance shall take any reprisals against any other party to the grievance.
2. A Bargaining Unit member may be represented at any level of the grievance procedure by himself/herself or, at his/her option, by a representative selected by the Association. After Level 2 the grievant must have the concurrence of the Association to proceed to Level 3. If a Bargaining Unit member is not represented by the Association or its representative, the Association shall have the right to be in an observer role. The grievant and the administrator, who is a party to the grievance, shall be in attendance at each level of the grievance, whenever possible.
E. Miscellaneous
1. If a grievance arises from action or inaction on the part of a member of the administration at a level above the principal, the aggrieved person shall submit such grievance in writing to the Superintendent and the Association directly, and the processing of such grievance will be commenced at Level 2. All procedures heretofore indicated shall be adhered to.
2. Decision rendered at Level 1 and 2 of the grievance procedure will be transmitted in writing to the Association. Time limits for appeal provided in each level shall begin the day following receipt of written decision by the parties in interest.
3. When it is necessary for a representative designated by the Association to investigate an alleged violation, misinterpretation or misapplication of a provision or provisions of this Agreement, he /she will, upon written notice to the Superintendent or his designee, be released without loss of pay for a reasonable length of time. The notice for release time must be made at least one day in advance. The Association shall be required to pay the cost of the representatives substitute. The representative will have the right to visit the appropriate District sites and confer with the appropriate District employees covered by the provisions of this Agreement, during their student free time. The Association representative handling a disciplinary procedure shall be released according to this provision without loss of pay or cost to the Association.
4. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
5. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents will be prepared jointly by representatives of the District and the Association.
6. Until final disposition of a grievance takes place, the grievant is required to conform to the original direction of his/her immediate administrator.
XII. WAGES
A. The salary compensation for Bargaining Unit members for each school year during the term of this Agreement shall be the following:
1. 2.16188:1 ratio as per Section C-Salary Index with a fourteen (14) step - six and a half (6.5) column salary schedule.
2. Salary Schedules and Hourly Rates
a. For the 2005-2006 school year salary schedules A, E, F, G, III A 1a, III A 1b, III B and L will receive five tenths (.5%) percent ongoing salary schedule increase.
b. Also for the 2005-2006 school year, the formula described below shall determine additional increases not to exceed five and five tenths (5.5%) percent.
(1) The schedules shall be increased by five tenths (.5%) for every one (1%) percent base increase (calculated to the nearest tenth of one percent over the 2004-2005 funded revenue limit before deficit in accordance to the formula described below:
i. Funded base revenue limit COLA percentage increase before deficit, and;
ii. Deficit factor reduction percentage decrease received by the District, and
iii. All other unrestricted ongoing increases to the revenue limit and/or increased ongoing increases to the revenue limit and/or increased ongoing Unrestricted General Fund revenue;
(2) In the event that the District is required to increase the current employer contribution to STRS in 2005-2006 (or other statutory adjustment that effect STRS employer costs) the estimated Unrestricted General Fund cost increase shall be reduced by half of the equivalent percent.
(3) The final calculation of the formula above shall subtract the five tenths (.5%) percent described in 2.a. above. In no case shall the final calculation yield less than a point five (.5%) percent increase.
c. Increases to schedules A, E, F, G, IIIA 1a, III A 1B, III B and L more than five and five tenths(5.5%) percent (calculated to the nearest tenth of one percent over the 2004-2005 funded base revenue limit before deficit) shall be calculated at a rate of three tenths (.3%) percent for each additional one (1%) percent of additional new ongoing unrestricted revenue.
d. The increases to schedules A, E, F, G. III A 1a, III A 1b, III B and L shall be implemented no later than forty-five (45) days following the Governors signing of the State budget. Retroactive increases shall be paid no later than sixty (60) days after the Governors signing of the State budget.
3. Revenue and Expense Committee
a. A Revenue and Expense Committee will be established on or before August 1, 1995. The Committee will be composed of an equal number of Association, CSEA and District representatives. Ex-officio members of the Committee shall include the MTA Executive Director, the CSEA Labor Relations Representative and the District Business Manager.
b. The purpose of this Committee will be to review the Districts budget, revenues and expenditures on a monthly basis.
c. This Committee shall report to the Board and the Executive Committees of MTA and CSEA during the first week of November, February, April and June.
4. All Bargaining Unit members shall be paid on the first day of each month in ten (10) or twelve (12) month cycles depending on the calendar in which they teach and shall have the option of direct deposit of warrants (August 1 for YRS and October 1 for Traditional).
B. Calendar Month Basis
If a Bargaining Unit member is involved in a transfer from a year round school to a non-year round school, the District shall maintain the twelve (12) calendar month pay period for one (1) full school year following such change, at the Bargaining Unit members request. The District shall notify the Bargaining Unit member in writing of the transfer and the pay warrant options as soon as is practicable. If the transfer takes place anytime after July 1, this contract provision calling for twelve (12) equal checks will not apply, so that all pay must be made by June 30 of that school year.
C. 2005-2006 SALARY SCHEDULE A10 MONTH CLASSROOM TEACHERS
CLASS B CLASS C CLASS D CLASS E CLASS F CLASS X
BA BA + 30 BA + 45 BA + 60 BA + 75 BA + 90
or incl. MA
BA + or Doctorate
Prelim., Clear or equivalent Credential
or
MA
STEP STEP
1 36,780 39,400 42,020 44,640 47,260 48,570 1
2 38,800 41,420 44,040 46,660 49,290 50,600 2
3 40,830 43,450 46,070 48,690 51,310 52,620 3
4 44,870 47,490 50,110 52,730 55,350 56,660 4
5 46,890 49,520 52,140 54,760 57,380 58,690 5
6 48,920 51,540 54,160 56,780 59,400 60,710 6
7 50,940 53,560 56,180 58,800 61,420 62,730 7
8 52,960 55,580 58,200 60,820 63,450 64,760 8
9 54,990 57,610 60,230 62,850 65,470 66,780 9
10 57,010 59,630 62,250 64,870 67,490 68,800 10
11 - 61,650 64,270 66,890 69,510 70,820 11
12 - - 66,300 68,920 71,540 72,850 12
13 - - - 70,940 73,560 74,870 13
14 - - - - 75,580 76,890 14
TOP STEP +
16 YEARS ($1600) 58,610 63,250 67,900 72,540 77,180 78,490
20 YEARS ($2400) 59,410 64,050 68,700 73,340 77,980 79,290
25 YEARS ($3200) 60,210 64,850 69,500 74,140 78,780 80,090
30 YEARS ($6000) 63,010 67,650 72,300 76,940 81,580 82,890
Schedule A and L Salary Index
INDICES
STEP STEP
CLASS B CLASS C CLASS D CLASS E CLASS F CLASS X
1 1 1.07125 1.1425 1.21375 1.285 1.32063 1
2 1.055 1.12625 1.1975 1.26875 1.34 1.37563 2
3 1.11 1.18125 1.2525 1.32375 1.395 1.43063 3 4 1.22 1.29125 1.3625 1.43375 1.505 1.54063 4
5 1.275 1.34625 1.4175 1.48875 1.56 1.59563 5
6 1.33 1.40125 1.4725 1.54375 1.615 1.65063 6
7 1.385 1.45625 1.5275 1.59875 1.67 1.70563 7
8 1.44 1.51125 1.5825 1.65375 1.725 1.76063 8
9 1.495 1.56625 1.6375 1.70875 1.78 1.81563 9
10 1.55 1.62125 1.6925 1.76375 1.835 1.87063 10
11 - 1.67625 1.7475 1.81875 1.89 1.92563 11
12 - - 1.8025 1.87375 1.945 1.98063 12
13 - - - 1.92875 2 2.03563 13
14 - - - - 2.055 2.09063 14
MTA SALARY SCHEDULE L12 MONTH TEACHERSFOR 2005/2006
CLASS B CLASS C CLASS D CLASS E CLASS F CLASS X
BA BA + 30 BA + 45 BA + 60 BA + 75 BA + 90
or incl. MA
BA + or Doctorate
Prelim., Clear or equivalent Credential
or MA
STEP STEP
ANNUAL SALARY
12 WARRANTS @
1 36,780.00 39,400.00 42,020.00 44,640.00 47,260.00 48,570.00 1
3,065.00 3,283.33 3,501.67 3,720.00 3,938.33 4,047.50
2 38,800.00 41,420.00 44,040.00 46,660.00 49,290.00 50,600.00 2
3,233.33 3,451.67 3,670.00 3,888.33 4,107.50 4,216.67
3 40,830.00 43,450.00 46,070.00 48,690.00 51,310.00 52,620.00 3
3,402.50 3,620.85 3,839.17 4,057.50 4,275.83 4,385.00
4 44,870.00 47,490.00 50,110.00 52,730.00 55,350.00 56,660.00 4
3,739.17 3,957.50 4,175.83 4,394.17 4,612.50 4,721.67
5 46,890.00 49,520.00 52,140.00 54,760.00 57,380.00 58,690.00 5
3,907.50 4,126.67 4,345.00 4,563.33 4,781.67 4,890.83
6 48,920.00 51,540.00 54,160.00 56,780.00 59,400.00 60,710.00 6
4,076.67 4,295.00 4,513.33 4,731.67 4,950.00 5,059.17
7 50,940.00 53,560.00 56,180.00 58,800.00 61,420.00 62,730.00 7
4,245.00 4,463.33 4,681.67 4,900.00 5,118.33 5,227.50
8 52,960.00 55,580.00 58,200.00 60,820.00 63,450.00 64,760.00 8
4,413.33 4,631.67 4,850.00 5,068.33 5,287.50 5,396.67
9 54,990.00 57,610.00 60,230.00 62,850.00 65,470.00 66,780.00 9
4,582.50 4,800.83 5,019.17 5,237.50 5,455.83 5,565.00
10 57,010.00 59,630.00 62,250.00 64,870.00 67,490.00 68,800.00 10
4,750.83 4,969.17 5,187.50 5,405.83 5,624.17 5,733.33
11 - 61,650.00 64,270.00 66,890.00 69,510.00 70,820.00 11
- 5,137.50 5,355.83 5,574.17 5,792.50 5,901.67
12 - - 66,300.00 68,920.00 71,540.00 72,850.00 12
- - 5,525.00 5,743.33 5,961.67 6,070.83
13 - - - 70,940.00 73,560.00 74,870.00 13
- - - 5,911.67 6,130.00 6,239.17
14 - - - - 75,580.00 76,890.00 14
- - - - 6,298.33 6,407.50
TOP STEP +
16 YEARS ($1600) 58,610.00 63,250.00 67,900.00 72,540.00 77,180.00 78,490.00
4,884.17 5,270.83 5,658.33 6,045.00 6,498.33 6,540.83
20 YEARS ($2400) 59,410.00 64,050.00 68,700.00 73,340.00 77,980.00 79,290.00
4,950.83 5,337.50 5,725.00 6,111.67 6,498.33 6,607.50
25 YEARS ($3200) 60,210.00 64,850.00 69,500.00 74,140.00 78,780.00 80,090.00
5,017.50 5,404.17 5,791.67 6,178.33 6,565.00 6,674.17
30 YEARS ($6000) 63,010.00 67,650.00 72,300.00 76,940.00 81,580.00 82,890.00
5,250.83 5,637.50 6,025.00 6,411.67 6,798.33 6,907.50
D. Salary Placement and Qualification
1. Class B:
Teachers, librarians/media-specialists, counselors, and school nurses who have a Bachelors degree.
2. Class C:
Teachers, librarians/media-specialists, counselors, and school nurses who have a Bachelors degree, plus thirty (30) semester units. A quarter unit is equal to two-thirds (2/3) of a semester unit.
3. Class D:
Teachers, librarians/media-specialists, counselors, and school nurses who have: (1) Masters degree; or, (2) a Bachelors degree, plus forty five (45) semester units; or, (3) a Bachelors degree plus a preliminary, clear or equivalent credential. A quarter unit is equal to two-thirds (2/3) of a semester unit.
4. Class E:
Teachers, librarians/media-specialists, counselors, and school nurses who have a Bachelors degree, plus sixty (60) semester units. A quarter unit is equal to two-thirds (2/3) of a semester unit.
5. Class F:
Teachers, librarians/media-specialists, counselors, and school nurses who have a Bachelors degree plus
seventy-five (75) semester units. A quarter unit is equal to two-thirds (2/3) of a semester unit. Ten (10) semester units may be District Salary Credits.
6. Class X:
Teachers, librarians/media-specialists, counselors, and school nurses who have a Bachelors degree plus ninety (90) semester units including a Masters degree or Doctorate. A quarter unit is equal to two-thirds (2/3) of a semester unit. Twenty (20) semester units may be District Salary Credits.
7. Prior Experience Credit:
Beginning July 1, 2000, one step for a full year of (K-12) public school teaching experience to a maximum of nine (9) years will be granted. The nine (9) years prior experience credit allowance shall not be retroactive. To qualify for credit, service rendered must have been seventy-five percent (75%) of the teaching days included in the academic year in question. Fractional years are not combined to qualify as one (1) year. Commencing July 1, 2000, one step for a full year of practical nursing experience, and/or higher education instructional experience, to a maximum of nine (9) years, will be granted for school nurses. Beginning July 1, 2000, any infant toddler teacher employed by the District for at least three (3) years immediately prior to being hired as a K-12 teacher shall be placed on the salary schedule on the appropriate column at the first step that constitutes an increase from their annual salary as an infant toddler teacher. Beginning July 1, 2000, any adult education teacher or ROP teacher employed by the District for at least twenty-five (25) hours per week for at least three (3) years immediately prior to being hired as a K-12 teacher shall be placed on the salary schedule on the appropriate column at the first step that constitutes an increase from their per diem salary received (based on a five-hour day) as an adult education or ROP teacher.
8. Beginning July 1, 1990, teachers who are employed with a Vocational Credential shall be placed no lower than Step 4, Class B of the Certificated Salary Schedule. Teachers who subsequently acquire a regular credential may request a reclassification from Class B according to the number of semester units and the number of actual years of classroom teaching experience completed.
9. School nurses employed prior to October 12, 1970, shall retain their class status without reduction until such time as they qualify for a higher class according to provisions 1 through 5. Ten (10) CEUs shall be accepted as equivalent to one (1) semester Unit for advancement on the salary schedule for school nurses. Verification of completion of CEU training will be filed in the Human Resources Office before credit is granted.
10. College Unit Recognition
Advancement on the schedule can be achieved by the following:
a. All units earned subsequent to the BA/BS degree, (except District Salary Credits), must be upper division or graduate level units, with a grade of at least a C and from an accredited institution that would or could lead to a credential or a degree.
b. Coursework that enhances a Bargaining Unit members ability or potential to address identified District needs and/or state mandate(s) in the Bargaining Unit members current assignment will receive salary credit, if approved by a two-thirds (2/3) vote of the District Salary Credit Committee.The course work must be approved and filed, with the required documentation, with the District within sixty (60) days of completion of the coursework.
c. Lower division units from an accredited institution and with a grade of at least a C that are aligned to a Bargaining Unit members District-approved credential or degree/waiver plan on file with the District, and were commenced, by the Bargaining Unit member after January 1, 2003.
11. To be eligible for a service increment on the certificated employees salary schedule, the employee must have served sixty (60%) percent of the days school was in session during the preceding academic year of service. This means that the employee must have been present in the classroom on sixty (60%) percent of the days school was in session. The only exception to this provision shall be an approved sabbatical leave of absence which shall count as a regular period of service and shall not interrupt the employees progress on the salary schedule.
12. All salaries for regular probationary and permanent certificated Bargaining Unit members shall be set for the ensuing school year not later than June 30, except that those intending to qualify for a change in salary classification shall comply with the following: The deadline to file a request for a change in salary classification and to file a transcript or a copy of a transcript request form with the Human Resources Office:
Traditional: Opening of School and/or January 31
Year Round: June 30 and/or December 31
Official transcripts verifying course work completed by the above dates must be filed with the Human Resources Office before a change in salary classification may take place. According to this provision, a request for a change in salary classification, along with official transcripts or a transcript request form, must be submitted prior to a monthly payroll period deadline for a salary change to be effective for that month; otherwise, the salary change will become effective the following month. In all instances, salary changes will not be made retroactive to months prior to submission of official transcript(s) or copy of transcript request form(s). Implementation of the change will be processed upon receipt of official transcripts.
Official transcripts (those which bear the University Seal and/or an original signature from the Registrar) must be submitted from an accredited college or university for salary advancement.
13. Anniversary Increments and Masters/Doctorate Degree Recognition for Bargaining Unit members (effective July 1, 2005) Pre-school increments designated in Section F.2.
a. A one thousand six hundred dollar ($1,600) amount will be granted each year beginning with the sixteenth (16th) year through the nineteenth (19th) year of service with the District or to any Bargaining Unit member who has been at Step E13, F14, or X14 for five (5) or more years or on
Psychologists Schedule F, Step 6 for ten (10) or more years.
b. A two thousand four hundred dollar ($2,400) amount will be granted each year beginning with the twentieth (20th) year through the twenty-fourth (24th) year of service with the district or to a Bargaining Unit member who has received the stipend in (a) above for four (4) or more years.
c. A three thousand two hundred dollar ($3,200) amount will be granted each year beginning from the twenty-fifth (25th) year of service with the District or to any Bargaining Unit member who has received the stipend in (b) above for five (5) or more years.
d. A six thousand dollar ($6,000) amount will be granted each year beginning from the thirtieth (30th) year of service with the District or to any Bargaining Unit member who has received the stipend in (c) above for five (5) or more years.
e. A three hundred and fifty dollars ($350) amount will be granted upon receipt and each year thereafter for Bargaining Unit members holding a Masters Degree or Doctorate from an accredited college or university. No more than one (1) three hundred and fifty dollar ($350) amount shall be granted to a Bargaining Unit member per year.
f. The monthly amount of the above increment shall be determined by dividing by the number of months assigned rounded to the nearest dollar, for all eligible certificated employees. To be eligible, the employee must be regularly employed on a monthly basis, must have rendered and continue to render satisfactory performance and must have rendered the necessary qualifying years of service.
g. A qualifying year of service is any year in which the employee is entitled to receive credit for a year of service under Board policy.
h. A one thousand ($1000) dollar amount shall be granted to each Full Time Adult Education Bargaining Unit member upon receipt of any K-12 teaching credential and each year thereafter beginning July 1, 2004. No more than one such credential stipend shall be granted to any Adult Education Bargaining Unit member per year.
14. a. District Salary Credits shall be afforded for staff development activities conducted outside of the Board Day and for which the Bargaining Unit member has not been compensated. Fifteen (15) hours of staff development equals one (1) District Salary Credit, which is equal to one (1) semester unit.
b. District Salary Credits may be earned in two ways:
(1) Staff development programs developed or designated by the Instructional Division and completely by the Bargaining Unit member.
(2) Staff development programs submitted by the Bargaining Unit member to a committee composed of four (4) members selected by the District and four (4) members selected by the Association. This committee shall meet at least two (2) times a year to review plans and approve District Salary Credits. Approval shall be by consensus or not less than a two-thirds (2/3) majority of the committee.
E. Positions Related to Salary Schedule for Bargaining Unit members
1. Certain positions related to the schedule of salaries for regular classroom Bargaining Unit members shall receive an amount in addition to that provided in the regular teaching schedule. Salary rates for such positions shall be determined by placement of the incumbent on the Salary Schedule for Bargaining Unit members in terms of his/her training and experience, this rate to be multiplied by the index figures shown in the following list of positions (rounded off to the nearest dollar):
*1. Attendance Supervisor (10 s.m. & 10 days) 1.08
*2. Director of Athletics (High Schools, 10 s.m. & 10 days) 1.08
*3. Counselor (full-time, 10 s.m. & 10 days) 1.08
*4. Director of Student Activities (High Schools, 10 s.m. & 10 days) 1.08
*5. School Community Counselor (10 s.m. & 10 days) 1.08
*6. Special Education Program Specialist (10 s.m. & 10 days) 1.08
*7. Resource Teacher (10 s.m. & 10 days) 1.05
*8. Teacher Program Specialist (10 s.m. & 10 days) 1.05
9. School Nurse Practitioner 1.03
10. Speech and Language (10 s.m. & 10 days) 1.08
* Ten (10) school months plus ten (10) working days paid on a yearly salary basis of ten (10) calendar months.
2. The additional days will be assigned at the discretion of the site principal. However, the total of ten (10) additional days must be within the period of ten (10) working days immediately preceding the opening of the school year, through the ten (10) working days immediately following the close of the school year. Any other arrangements for assignment must be made by joint decision of the principal, the individual, and the Assistant Superintendents in charge of Personnel, Pupil & Community Services, or Instruction.
3. For psychologists hired before July 1, 1990, salary rates shall be determined by multiplying the highest rate (X14) of the Salary Schedule for Bargaining Unit members by the appropriate index from the following table:
Psychologist Schedule F (GR 01) Per Month
Base Amount
Step Index 10 Months 12 Months Annual
1 (01) 0.75 $ 5,767.00 $4,805.83 $57,670.00
2 (02) 0.98 7,535.00 6,279.17 75,350.00
3 (03) 1.01 7,766.00 6,471.67 77,660.00
4 (04) 1.04 7,997.00 6,664.17 79,970.00
5 (05) 1.07 8,227.00 6,855.83 82,270.00
6 (06) 1.10 8,458.00 7,048.33 84,580.00
7 (07) 1.13 8,689.00 7,240.83 86,890.00
16th $1,600 8,849.00 7,374.17 88,490.00
20th 2,400 8,929.00 7,440.83 89,290.00
25th 3,200 9,009.00 7,507.50 90,090.00
30th 6,000 9,289.00 7,740.83 92,890.00
For Psychologists hired after July 1, 1990, salary rates shall be 1.13% of their placement on the Section C Salary Schedule. Psychologists shall work ten (10) calendar months, eight (8) hours per day.
F. 2005-2006 Salary Rates for Positions Not Related to Salary Schedules for Bargaining Unit Members
1a. Adult Education - Hourly Assignment, as needed
Step I All Bargaining Unit members new to the MUSD Adult Education Program on
a regular basis. $34.10
Step II All Bargaining Unit members who have completed one (1) year of a regular
assignment with the District Adult Education Program. $35.95
Step III All Bargaining Unit members who have completed at least two (2) years of a
regular assignment with the District Adult Education Program. $37.85
Step IV All Bargaining Unit members who have completed at least three (3) years of
a regular assignment with the District Adult Education Program. $41.60
Step V All Bargaining Unit members who have completed at least four (4) years of a
regular assignment with the District Adult Education Program. $43.50
Step VI All Bargaining Unit members who have completed at least five (5) years of a
regular assignment with the District Adult Education Program $45.35
A one thousand ($1000) dollar amount shall be granted to each Full Time Adult Education Bargaining Unit member upon receipt of any K-12 teaching credential and each year thereafter beginning July 1, 2004. No more than one such credential stipend shall be granted to any Adult Education Bargaining Unit member per year.
1b. ROP- Hourly Assignment, as needed
Step I All Bargaining Unit members who have completed one (1) year of a
regular assignment with the MUSD ROP. $38.90
Step II All Bargaining Unit members who have completed at least two (2) years of
a regular assignment with the MUSD ROP. $41.10
Step III All Bargaining Unit members who have completed at least three (3) years of
a regular assignment with the MUSD ROP. $43.15
Step Advancement Bargaining Unit members must work sixty percent (60%) of their assignment per year (a full school year and no less than sixty-three (63) hours) to qualify for advancement on the salary schedule.
Anniversary Increments and Masters/Doctors Degree Compensation same as contract unit members in Section 1-Item R.
Substitutes Adult teachers who substitute will be paid at their regular rate of pay according to their step level. All other substitutes will receive the amount in Step I (Adult Education rate for current year).
2. 2005 - 2006 MTA SALARY SCHEDULE E - HEADSTART TEACHERS
Assignments to be ten/twelve (10/12) calendar months as needed, with pay for Winter Recess and Spring Recess vacation periods.
Grade Levels
A (Gr. 01) B (Gr. 02) C (Gr. 03)
STEP STEP
01 $20,430.00 $24,780.00 $28,620.00 01
2,043.00 2,478.00 2,862.00
02 21,400.00 26,010.00 30,030.00 02
2,140.00 2,601.00 3,003.00
03 22,730.00 27,290.00 31,560.00 03
2,273.00 2,729.00 3,156.00
04 23,600.00 28,620.00 33,000.00 04
2,360.00 2,862.00 3,300.00
05 24,790.00 30,030.00 34,700.00 05
2,479.00 3,003.00 3,470.00
TOP STEP +
F (16 YEARS) $1,600 26,390.00 31,630.00 36,300.00
2,639.00 3,163.00 3,630.00
G (20 YEARS) $2,000 26,790.00 32,030.00 36,700.00
2,679.00 3,203.00 3,670.00
H (25 YEARS) $2,400 27,190.00 32,430.00 37,100.00
2,719.00 3,243.00 3,710.00
I (30 YEARS) $4,800 29,590.00 34,830.00 39,500.00
2,959.00 3,483.00 3,950.00
Level A: Headstart Bargaining Unit members who have earned sixty (60) semester hours of college work or who hold a Childrens Center Permit.
Level B: Headstart Bargaining Unit members who have earned ninety (90) semester hours of college work and hold a Childrens Center Permit.
Level C: Headstart Bargaining Unit members who hold a Childrens Center Permit and have earned either one hundred twenty (120) semester hours of college work or have been granted a Bachelors Degree from an accredited college or university.
Headstart Anniversary Increments shall be:
Step F 16th-19th year = $ 1600
Step G 20th-24th year = $ 2000
Step H 25th-29th year = $ 2400
Step I 30 + years = $ 4800
Annual Stipend Masters or Doctorate = $ 350
Supervisor (with six (6) or more units
of administration and/or supervision
coursework in child development) = $ 500
2005-2006 Salary Schedule G - Infant Toddler Teachers
Assignments to be ten/twelve (10/12) calendar months as needed, with pay for Winter Recess and Spring Recess vacation periods
Step
Level A Level B Level C
01 $23,840.00 $28,910.00 $33,390.00
2,384.00 2,891.00 3,339.00
* 1,986.67 * 2,409.17 * 2,782.50
02 24,970.00 30,350.00 35,040.00
2,497.00 3,035.00 3,504.00
2,080.83 2,529.17 2,920.00
03 26,520.00 31,840.00 36,820.00
2,652.00 3,184.00 3,682.00
2,210.00 2,653.33 3,068.33
04 27,530.00 33,390.00 38,500.00
2,753.00 3,339.00 3,850.00
2,294.17 2,782.50 3,208.33
05 28,920.00 35,040.00 40,480.00
2,892.00 3,504.00 4,048.00
2,410.00 2,920.00 3,373.33
TOP STEP +
F 16 YEARS $1,600 30,520.00 36,640.00 42,80.00
3,052.00 3,664.00 4,208.00
2,543.33 3,053.33 3,506.67
G 20 YEARS $2,000 30,920.00 37,040.00 42,480.00
3,092.00 3,704.00 4,248.00
2,576.67 3,086.67 3,540.00
H 25 YEARS $2,400 31,320.00 37,440.00 42,880.00
3,132.00 3,744.00 4,288.00
2,610.00 3,120.00 3,573.33
I 30 YEARS $4,800 33,720.00 39,840.00 45,280.00
3,372.00 3,984.00 4,528.00
2,810.00 3,320.00 3,773.33
* Annual Contract amount divided by 12 for those Headstart Teachers at YRE school sites.
Level A: Infant Toddler Bargaining Unit members who have earned sixty (60) semester hours of college work or who hold a Childrens Center Permit.
Level B: Infant Toddler Bargaining Unit members who have earned ninety (90) semester hours of college work and hold a Childrens Center Permit.
Level C: Infant Toddler Bargaining Unit members who hold a Childrens Center Permit and have earned either one hundred twenty (120) semester hours of college work or have been granted a Bachelors Degree from an accredited college or university.
Infant Toddler Anniversary Increments shall be:
Step F 16th-19th year = $ 1600
Step G 20th-24th year = $ 2000
Step H 25th-29th year = $ 2400
Step I 30 + years = $ 4800
Annual Stipend Masters or Doctorate = $ 350
Supervisor (with six (6) or more units
of administration and/or supervision
coursework in child development) = $ 500
G. Salary Payments for Assigned Extended Day Activities
1. High School
High school Bargaining Unit members who are employed in approved extended day activities requiring additional hours of time beyond the normal work week shall be compensated as follows:
a. Classes of Interscholastic Sports/Support Groups
The classes of interscholastic sports shall be established as follows:
Class I - Football
Class II - Basketball, Baseball, Softball, Track, Soccer, Wrestling
Class III - Cross Country, Volleyball, Tennis, Gymnastics, Golf, Water Polo, Swimming
Class IV - Athletic Trainer, Pepster Advisor, Drill Team Advisor, Intramural Facilitator
b. Position Titles
Position titles shall be established within each class as follows:
1. Varsity Head Coach
2. Varsity Assistant Coach
3. Lower Division Head Coach
4. Lower Division Assistant Coach
5. Athletic Trainer
6. Pepster Advisor
7. Drill Team Advisor
c. Credit for Experience - Steps
(1) Bargaining Unit members employed in the extended day program shall receive credit for experience as follows:
Step 1 2 3
Year 1 4 7
Base 1.0 1.2 1.4
(2) A Bargaining Unit member shall be granted up to three (3) years of prior, in-District experience credit to reach Step 2, provided said Bargaining Unit member has held at least one (1) of the Position titles in B, or a combination thereof, for a three (3) year period.
d. Ratios
The following ratios shall be established for the classes and positions in a and b above:
Class Var. Head Coach Asst Var. Coach LD Head Coach LD Asst Coach
I 2.0 1.5 1.3 1.0
II 1.7 1.0 1.2 0.9
III 1.4 0.9 1.0 0.8
IV Athletic Trainer 3 Seasons Per Season 0.8
Pepster Advisor 2 Seasons Per Season 0.8
Drill Team Advisor 2 Seasons Per Season 0.8
Intramural Facilitator 2 Semesters 0.8
e. Salary Schedule
The extended day salary schedule shall be established with the base of Class III, Lower Division Head Coach. Beginning July 1, 2002, and for each succeeding two (2) years, the base salary figure shall increase by the average salary increase for the preceding two (2) years as follows:
f. Index
(1) (2) (3) (4)
Class Sports Var. Head Var. Asst LD Head LD Asst
Coach Coach Coach Coach
I Football 2.0 1.5 1.3 1.0
II Basketball 1.7 1.0 1.2 0.9
Soccer
Baseball
Softball
Wrestling
Track
III Cr.Country 1.4 0.9 1.0 0.8
Golf
Swimming
Water polo
Tennis
Volleyball
Gymnastics
IV Athletic Trainer 3 Seasons Per Season 0.8
Pepster Advisor 2 Seasons Per Season 0.8
Drill Team Advisor 2 Seasons Per Season 0.8
Intramural Facilitator 2 Semesters 0.8
Other Extended
Class Day Activity 1st Semester 2nd Semester
I Band 2.0 marching band 1.0 performance
season (football season (festivals,
games, parade concerts and
season) basketball season)
II Annual 1.0 1.0
Newspaper
Choral Music (to include presentation of a two-act Broadway musical)
Drama (minimum 1 major production each semester)
Dance (minimum 1 major production each semester)
III Forensics .8 .8
g. Salaries (Effective July 1, 2005)
Class Sports Yrs Var. Hd. Var.Asst L.D. Hd. L.D.Asst
Coach Coach Coach Coach
I Football 2.0 1.5 1.3 1.0
1 $2890 $2168 $1879 $1445
4 3468 2601 2254 1734
7 4046 3035 2630 2023
II Basketball 1.7 1.0 1.2 0.9
Soccer
Baseball 1 $2457 $1445 $1734 $1301
Softball 4 2948 1734 2081 1561
Wrestling 7 3439 2023 2428 1821 Track
III Cr. Country 1.4 0.9 1.0 0.8
Golf
Swimming 1 $2023 $1301 $1445 $ 1156
Water Polo 4 2428 1561 1734 1387
Tennis 7 2832 1821 2023 1618
Volleyball
Gymnastics
IV Ath. Trainer 1 3 Seasons - Per Season $ 1156
Drill Team Advisor 4 2 Seasons - Per Season 1387
Pepster Advisor 7 2 Seasons - Per Season 1618
Intramural Facilitator 2 Semesters 1156
Other Extended
Class Day Activity 1st Semester 2nd Semester
I Band 2.0 1 $2890 1.0 1 $1445
4 3468 4 1734
7 4046 7 2023
II Annual 1.0 1 $1445 1.0 1 $1445
Newspaper 4 1734 4 1734
Choral Music (to include 7 2023 7 2023
presentation of a two-
act Broadway musical)
Drama (minimum 1 major
production each semester)
Dance (minimum 1 major
production each semester)
Renaissance (minimum 1 major
production each semester)
III Forensics .8 1 $ 1156 .8 1 $ 1156
4 1387 4 1387
7 1618 7 1618
h. Other High School Extended Day Activities
rating-in shall not exceed step two (4 years) compensated as follows:
1. Tall Flag Advisor - annual assignment .75
2. Orchestra, Jazz Band .6
3. District Orchestra Director 1.2
4. Art Consultant, Board of Education Publications .7
5. Stage Manager (School Sponsored Activities) .7
6. Other (as designated by immediate supervisor) .7
i. Teams (Athletic, Music, or Pep & Drill) or individuals who qualify may participate in play-off games after the regular season of competition. These play-offs range from two (2) to four (4) weeks depending on the sport. Coaches of Varsity teams will be assigned for this period of time. Assistant coaches may be assigned with the approval of the principal and the Director of Athletics. Music and Pep & Drill unit member may be assigned with the approval of the Principal. Football teams may have a maximum of six (6) coaches assigned. The compensation for competition in sanctioned play-off games to be one-eighth (1/8) of the total extended day salary for each week a team or individual(s) participates.
j. Reimbursement for the above activities shall be payable at the conclusion of the activity upon certification by the Principal, or, in the case of the Journalism (Newspaper) and Annual, the administrator in charge of publications.
k. Extra-pay assignments for certificated service shall be presented in writing to the Superintendent of Schools, and shall be approved by the Board of Education prior to actual assignment.
l. Compensation for Spring Football shall be $639 for the Varsity Coach and $552 for each authorized Assistant Coach.
G. 2. K-8
K-8 Bargaining Unit members who are employed in approved extended day activities requiring additional hours of time beyond the normal work week shall be compensated as follows:
a. Recreation Schedule R (5-8)
(1) Bargaining Unit members who are employed in the District Recreation Program shall be compensated on Step E (05), Range No. 3 of the Recreation Schedule R, on an hourly basis as follows:
A B C D E
Classification (1) (2) (3) (4) (5)
a. Playground Leader (Summer) $ 9.25
b. Recreation Instructor (School Year) 11.50
c. Sr. Recreation Instructor 12.65
d. Program Supervisor 13.80
(2) Bargaining Unit members who are employed to coach students during a regular sport season (one quarter) shall be assigned to work at least eight (8) hours per week during the quarter.
b. Other Extended Day Activities
1. Band .7 $1,012
2. Chorus .7 $1,012
3. Drama .7 $1,012
4. Dance .7 $1,012
5. Director of Student Activities .7 $1,012
6. Yearbook .7 $1,012
7. Newspaper .7 $1,012
8. Other (as designated by immediate supervisor) .7 $1,012
H. 2005 - 2006 Special Service Compensation and Part Time Assignments as needed.
1. Other Hourly Rates Base Amount
Site Translator $32.60
Home Teachers 32.60
After School Tutors 32.60
Continuing/Alternative Education Instructors 32.60
Contract Independent Study Teachers 32.60
Independent Study Teachers 32.60
Reading Recovery Teachers 32.60
V