JUNCTION CITY SCHOOL DISTRICT

 

LICENSED BARGAINING MEETING

April 6, 2005 6:00 p.m.

 

MINUTES

 

Recorder: Stephanie White

Location: Boardroom

 

Attendance:

 

Patty Turley

Lois Cersovski

Darbi Haffner

Cindy Bandow

James Sundell

Barb Coolman

Janet Dunham

Galen Carpenter

Mary Jo Husiman

Judy Croce

Denise Pratt

Mike Brotherton

Brian Hungerford

Wanda McClure

Kathleen Rodden-Nord

Kathryn Hedrick

Tom Endersby

Stephanie White

 

Introductions were made. The purpose of this meeting is to share proposals; no discussion on the proposals is scheduled unless there are questions. Kate Gillow-Wiles was absent and Cindy Bandow is filling in for Cal Fagan who is in the middle of baseball season. Brian asked Janet if a discussion of ground rules was needed. Janet said that we have never had a signed set of ground rules, but the basic element of respect is important, and caucuses were very helpful.

 

Brian Anything TAd is, of course, subject to ratification by the Board and the local association and LUBC. What are your thoughts on these sessions being open versus closed? Janet They have been open in the past. Brian Are there any other ground rules anyone can think of? James If a meeting needs to be cancelled, postponed, reschedule, the bargaining chair (Janet Dunham) and superintendent (Kathleen Rodden-Nord, or Stephanie White) should both communicate that to each other. This bargaining team is authorized to negotiate tentative agreements, subject to ratification of LUBC. Brian The same with the districts team, subject to ratification of the board. If we reach an agreement on an article, are we in agreement to TA that article and set it aside? Janet That has worked well in the past. Brian This is our whole team. Is your whole team here? Janet Kate Gillow-Wiles is absent as well as Cal Fagan.

 

James Sundell passed out the associations proposal.

 

Bold and underlined text in the proposals are additions, and strikethrough text are deletions.

 

Associations Proposal

 

Janet Page 5, Article 1 Recognition.

 

A. Add: The Board recognizes the Council/Association as the exclusive bargaining representative for all licensed and employees hired to work after retirement.

 

D. Definitions. 1. Substitutes. delete: on the sixty-first consecutive work day. 2. Temporary.delete: on the sixty-first consecutive work day.

 

Add: 3. Probationary: An employee who has not completed the probationary period. An employee is probationary for his/her first three (3) years of employment. An employee who has satisfied the three-year probationary period in another Oregon school district will complete his/her probation period after one year of service in the District.

 

Old #3 becomes new #4.

 

Add: F. Subcontracting: There shall be no subcontracting of bargaining unit positions during the term of this agreement.

 

Brian Could you please clarify, an employee who has completed three years in another Oregon district, after one year at JCSD, the employee would become a contract teacher? Janet Yes.

 

Page 8, Article 4 Association Rights.

 

D. School Equipment. Add: E-mail, computers. Brian Has past practice been that you have had access to the e-mail system and computers? Janet Yes.

 

Page 10, Article 6 Grievance Procedures. Janet We have already agreed to this in a memorandum of understanding, we are just adding it into the contract. Brian When was the memorandum of understanding done? Patty About four years ago when Don Anderson was here.

 

Add: E. 1. The term immediate supervisor, as it appears in Article 6, Section III (A) and (B), shall be defined as the Superintendent of the District in such cases that a grievance arises out of an alleged contract violation resulting from an act or omission of the District Board of Directors or the District Superintendent. That term may include the Director of Special Education in such situations where a grievant is a special education teacher and the grievance in question involves an act or omission by the Director of Special Education that has allegedly violated a provision of the contract.

 

Add: E. 2. In all other circumstances, the term immediate supervisor, as it appears in Article 6, Section III (A) and (B), shall be defined as the building level administrator with direct supervisory responsibility of the grievant.

 

Add: B. 3. In situations where the Superintendent is properly identified as the immediate supervisor, Level Three of the grievance procedure shall be omitted, and the Level Two decision of the Superintendent may be appealed directly to Level Four, Board of Directors.

 

Page 14, Article 7 School Work Year.

 

Janet We are proposing to change paid holidays from four to six. We currently have four and the average is eight. Brian What holidays are you currently getting paid for? Janet I dont know.

 

Janet B. Grading Days, we already do this, we just would like it to be in the contract.

 

Add: B. Grading Days.

 

a. There will be one (1) recordkeeping day per grading period, normally scheduled at the end of the grading period; three (3) days for a school using a trimester schedule and four (4) days for a school using a quarter schedule.

 

b. The High School and Middle School will end the grading period with a grading day and start the next grading period with a teacher preparation day for; the first three (3) terms of a school using a quarter schedule or the first two (2) terms of a school using a trimester schedule.

 

c. The Elementary Schools will schedule two (2) consecutive days in the fall and winter and two (2) consecutive days in May for work samples and portfolios.

 

Brian So you are proposing three total recordkeeping days, one per trimester? Janet Yes. Brian Are all schools on a trimester schedule? Janet Just the middle and high schools. Kathleen A total of six? Janet Yes. Brian Is one of those days used for grading? Janet It is different for the elementary schools, they use one of those days for conferences. Darbi The first eight hours is for grading and the second eight hours is for conferences.

 

Judy What is the total of non-contact days and the total days you are asking for? Janet 16 plus 4 = 20 non-contact days. Judy This is the same amount, you are just asking for different days? Janet Correct.

 

C. Preparation Days.

 

a. There will be one (1) uninterrupted day (no required meetings) during the inservice preparation days scheduled prior to the start of school for teachers to prepare for students.

 

b. There will be one (1) day after Winter Break and one (1) day after Spring Break for teachers to use as preparation days to prepare for students.

 

Brian Is a required meeting one that is called by the building administrator? At some point we will want to clarify what is meant by required. Janet If on a recordkeeping day teachers want to get together to meet, that is not a required meeting.

 

Page 15, Article 8 Teaching Hours and Teaching Load.

 

Add under D: The District has the right to staff preparation time with licensed staff, classified staff, or some combination of the two within OAR 584-036-0011 and OAR 581-037-0015.

 

*The parties have reviewed and agree to the attached intent notes, Article 8.

*No District obligation above 100 minutes of prep time.

*District has right to staff prep time with classified, licensed, or some combination of the two.

*District has right to schedule prep time next to recess or lunches.

*Recess and lunch minutes do not count toward the 100 minutes.

 

Brian Is this from the memorandum of understanding? Janet Yes, we just took it out of page 58 and moved it to here.

 

Page 20, Article 11 Sick Leave.

 

B.2. delete three days and change to sixty (60) days, per FMLA. B.3. Change children in the home to family members. Brian These days are accumulated as personal and sick days, it does not add an additional 60 days, correct? Janet Correct. Brian The intent of #3 is that family members takes on the same definition as in #1? Janet Correct.

 

G Sick Leave Bank. Janet We changed the date from September 30 to February 28 because September is a busy month for Ramona and this date just worked better for her.

 

Page 22, Article 12 Paid Leaves of Absence. Janet We are proposing three (3) personal days per year, instead of the two (2) we currently have.

Page 23, Article 13 Leaves of Absence General. Changed the ORS numbers to reference the correct statute. Add: upon request by the employee or when the employee has exhausted all accumulated paid leaves. Janet This is per FMLA.

 

Page 24, Article 14 Professional Development and Educational Improvement.

 

Janet Currently we have $5,000 for special needs training and we would like to increase that to $15,000. We are also adding special education teachers as those who can access this money. Brian Have people been accessing the $5,000? Janet They have been recently; not many people knew it was there before.

 

Section F Elementary and Secondary Education Act (ESEA) / No Child Left Behind (NCLB). This section was added (section attached to associations proposal and official minutes in district office).

 

Page 26, Article 15 Educational Improvement Leave.

 

Add: C. If a Bargaining Unit Member, currently teaching, is working toward additional certification or training to become highly-qualified, he/she will be given up to ten (10) days of district approved paid leave per year. The District shall not discriminate on the granting of this leave. Examples include, but are not limited to: *National Board of Professional Teaching Standards Certification, *Administrative Certificate, *Speech and Hearing Licensure, and *Working to become Highly Qualified.

 

Page 31, Article 20 Reduction In Force.

 

Janet These additions of B.1, 2, 3, 4, 5, and 6 address seniority, competence, and grade level. (Section attached to the associations proposal and official minutes in district office.) In F, the language of RIF grievances beginning at the level three, appeals to the Superintendent was added because we did agree to this already in a memorandum of understanding.

 

Page 37, Article 23 Miscellaneous Provisions.

 

Janet We took out C Non-Traditional Classes, and moved it to its own section #30. Brian Is that a new, or existing article? Janet New one. Section D Highly Qualified Teachers, was added. (Section attached to the associations proposal and official minutes in district office.) Janet We added this section to protect teachers, and the district as well.

 

Page 40, Article 24 Dues and Payroll Deductions.

 

Section E was added: Tax-Sheltered Annuity: Tax-sheltered annuity plans will be accepted by the District provided there are at least five (5) participants signed up to participate in the same plan. This does not apply to plans already in force. Authorization to start or stop voluntary deductions shall be in writing to the business office at least fifteen (15) days prior to the deduction being made.

 

Old Section E is now new Section F.

 

Page 42, Article 26 Insurance.

 

It was proposed that the 05-06 district insurance contribution increase to $834 per month and 06-07 district insurance contribution increase to $960 per month. Section E was deleted because it is obsolete. (15% increase for both years.)

 

Page 43, Article 27 Salaries.

 

Delete Section A and replace with new Section A.

 

The salary schedule, Appendix A, for the 2005-06 year represents a 3.5% increase to each cell of the 2004-05 salary schedule. Janet We feel this catches us up to the Cost of Living.

 

The salary schedule, Appendix A, for the 2006-07 year shall be increased by the annualized cost of living over the prior twelve (12) months national CPI-U of may through April, as reported by the US Department of Labor Statistics, rounded to the nearest one hundredth of a percent. This increase shall be applied to each cell of Appendix A July 1 of the contract. The increase to each cell of Appendix A shall be no less than 2%, nor greater than 4%.

 

#4 was added: Eligible employees will receive an experience step advancement each school year. Janet This has been given, we just added it to the contract.

 

H. (Typed with changes): If the District determines that additional days beyond the regularly scheduled work year are required for counselors, media specialists, special education personnel, speech therapists, or nurses, all such days will be paid at the employed rate per diem. This shall not prevent the District and such employees from agreeing compensatory time in lieu of per diem pay for such extended contract time up to ten (10) days of employment, although employees may choose compensatory time or a combination of the two.

 

L was added: A yearly stipend of $1,500 will be given to any teacher who remains in the District after passing the National Board for Professional Teaching Standards (NBPTS) for as long as the certification is valid. Janet Jill Case is very supportive of this, and we have someone with this certification. Kathleen Mary Jo. Brian Congratulations!

 

Page 45, Article 28 Duration of Agreement.

 

Janet We are proposing a two year contract, 2005-07.

 

Page 48, Article 30 Non-Traditional Classes. New section (Article attached to associations proposal and official minutes in district office.)

 

Page 52, Appendix A Salary Schedule 2005-2006. Proposed salary schedule with 3.5% increase.

 

Page 53, Appendix A Salary Schedule 2001-2002 deleted.

 

Page 54, Appendix B Salary Schedule Index (take dates off). Brian You dont have the intent to change the index? Janet No.

 

Page 55, Appendix C Extra Duty Schedule. Add special education teachers / IEP building level case managers at 9.5%. Brian Can you explain this? Janet Special education teacher have IEPs that need to be done and they cannot do it during the school day.

 

Page 58 and 59 were taken out because they were added to the contract.

 

There were no more questions on the associations proposal. Took a five minute break.

 

Districts Proposal

 

Brian We are proposing a four year contract with 2009 as the end date.

 

Page 4, Article 1 Definitions.

 

D3 Add: Article 10 Teacher Discipline, Article 13 Leaves of Absence included as provisions of the contract that substitutes and temporary employees are not covered by.

 

Page 7, Article 4 Association Rights.

 

A. Information: Add: The District may charge the Association the actual cost associated with the compilation and copying of such information.

 

D. School Equipment: Add: Any Association use of the District e-mail system must comply with the Districts acceptable computer use policy. Brian You added e-mail and computer system to this section, and that was our assumption, so we added this part. The Districts acceptable computer use policy is IIAE.

 

Page 9, Article 6 Grievance Procedures.

 

Eliminate 2B Brian Before we put the definition of days in the contract we had this section in there. Now that we have the definition of days as District business days, this section is no longer needed.

 

2C change representative to Association representative. Brian This just stops someone from bringing a spouse, friend, relative, etc. as their representative. This way the representative will know the contract.

 

2F add processing of a grievance.

 

2H delete or student. Brian We had some concern with this language. It is implying that students can be contacted at school for questioning. I think that both parties would agree to eliminate students in the grievance process and they would not be contacted at school.

 

E4 add: The Arbitrator may not substitute his or her judgment for that of the District, and mat not add to, delete from, or otherwise modify the terms and conditions of this Agreement.

 

James Can you clarify the first part of that? Brian The District Board has discretion and the Arbitrator cannot assume the role of the District Board.

 

E6 delete section. Brian I dont think we have done this in the past and it is something that we may not know 72 hours in advance.

 

Page 15, Article 8 Teaching Hours and Teaching Load.

 

D. Preparation Period: add: not to exceed 50 minutes. Brian Some periods are 66 minutes long and others are 55 minutes. Does that mean that some prep times are 66 minutes and others are 55? At some point I would like to have an exact idea of how many minutes a prep period is. The numbers dont add up for the elementary teachers. We read it as 150 minutes per week not 200 like the contract reads. The memorandum of understanding should be included in this section as well.

 

Page 17, Article 9 Complaint Procedure. Add: or the administrator.

 

Brian There are occasions where we receive verbal complaints over the phone. We still require the complaint in writing, but the building administrator can sign the complaint instead of the complainant.

 

C and E change representative to Association representative for the same reasons as in the grievance procedure.

 

Page 18, Article 10 Teacher Discipline.

 

A. add: For purposes of this article, discipline shall be defined as a written reprimand or suspension without pay.

 

Delete Section C. Brian Employees would still be subject to Fair Dismissal Law.

 

Page 19, Article 11 Sick Leave

 

Add: or who demonstrates a pattern or practice of questionable leave usage Brian Both law and the contract allow that the district request a medical certification if the employee is out ill for five consecutive days. This is allowing the district to require a medical certification if a pattern develops (employee gone every Friday before spring break, or during hunting season each year, etc.)

 

A1 add: basis of one day per month, beginning with the first school day. Brian This would prevent a new employee to use all of their sick time and not work the entire year. Patty So a person cannot get sick with the flu until a certain time in the year? Brian A current employee may have accrued sick time, so it shouldnt be a problem for them. Patty What about for work backs? Brian I dont think the intent was to include work backs in this article. James Has there been a problem with this in the past? Brian I dont think it has been a problem in this district. James Can we reword it to say that an employee who terminates their employment and has used sick time that hasnt been earned will be expected to pay it back? Brian We could certainly look at the wording of that.

 

C add: be charged against the members accrued sick leave days in the amount necessary to prevent the member from suffering a loss in pay; and delete: not be charged against the members sick leave days. Add: as long as the member has sufficient sick leave available; and delete: a maximum of twelve (12) consecutive months; add: until no available sick leave remains.

 

Brian Workers Compensation pays 2/3 of the employees salary and the district makes up the 1/3 and this allows the district to count the 1/3 of the salary as sick leave time.

 

G Sick Leave Bank. Add: No member who has established eligibility for long-term disability or PERS disability may receive days from the sick leave bank.

 

Kathleen An employee can no longer receive benefits when they are receiving PERS, LTD. James If they were getting both sick leave bank hours and disability, the LTD would be reduced by the amount received by the district. Brian That may be; this is just primarily a notice piece.

 

Add: Denial of a request to receive days from the sick leave bank may not be grieved under this contract.

 

Page 23, Article 13 Leaves of Absence General

 

B. Change March 31 to March 1 as the date the district needs to be notified of intent to returns.

 

C. Add: if, in the Districts discretion, the leave warrants credit in the form of step advancement. Brian In some instances, a leave of absence does not warrant a step increase.

 

James I have a question on military leave. There is a statute governing status be given to employees who are on military leave. Kathleen We cannot deny their leave. Brian I dont know if we have to give them credit for the time they were gone, however. Kathleen We will look into it. Patty They will be placed on the step above that of which they left? Brian Yes. Our purpose is to clarify that taking a years leave of absence doesnt necessarily mean that you will get credit for a years experience for the year you were off.

 

Page 25, Article 15 Educational Improvement Leave

 

Brian We are proposing to delete this article because we dont believe it happens.

 

Page 30, Article 20 Reduction In Force

 

C4: The District shall continue to pay insurance benefits on behalf of the teacher for a period of three (3) months for probationary and contract teachers who complete the school year prior to being laid off (the three months shall be July, August, and September). Teachers who are laid off prior to the conclusion of a school year shall be entitled to insurance benefits through the end of the month following the month in which they are laid off. Such coverage may be continued for the balance of the layoff, provided the employee pays the premium and such practice is with the approval of the insurance carrier.

 

Brian Some questions have come up in the past about how long an employee gets insurance when they are laid off; this just clarifies that.

 

D: The layoff and recall procedure applies to all members of the bargaining unit.

 

Brian This doesnt apply to all members. It would also be ok to state this, and add with the exception of those listed in Article 1.

 

Page 32, Article 21 Mid-Year Early Retirement

 

Add B & C:

 

B. This article shall not apply to members who retire under PERS and access the lump sum payment option.

 

C. Members who retire from employment with the District and are subsequently re-hired pursuant to this provision shall be eligible for either the stipend set forth in the early retirement provision of this contract or the District insurance contribution provided under Article 26, but not both.

 

Page 35, Article 23 Miscellaneous Provisions

 

Delete Section B.

 

Brian Our perspective is that this section adds an obligation to the district and the district would then propose nothing more than what the contract says.

 

Page 38, Article 26 Insurance

 

Brian The district is proposing that the 05-06 district insurance contribution increase to $775 per month, the 06-07 district insurance contribution increase to $815 per month, and the 07-08 district insurance contribution increase to $845 per month. We added the date of October 1 as the beginning date just to clarify that the new insurance contributions start as of that date and not the beginning of the year. It was added that the parties will meet to negotiate the amount of the districts 08-09 insurance contribution prior to May 1, 2008.

 

Page 39, Article 27 Salaries

 

Brian We are proposing a 1% salary increase to each of the cells on the salary schedule for 05-06, 06-07, and then again for 07-08. Any teacher ineligible for a step advancement for 05-06 due to their placement on the salary schedule shall receive a one-time payment of $750.00 We will meet to negotiate the 08-09 salary schedule prior to May 1, 2008. James On the longevity stipend, anyone at the top of any lane will get the $750.00? Brian Yes. James What about next year? Brian This would just be for the first year (05-06).

 

A1: Employees new to the District shall be awarded full experience credit, up to ten (10) years for teaching experience outside the District. If the District elects to give a higher credit for more than ten years of experience, it shall notify the Association of that fact along with the reasons.

 

Delete Section D and moved it to Article 13.

 

Old Section E, is now Section D Change it to say: Teachers will be paid on a twelve (12) month payment schedule. Brian This is just easier for payroll to do. James Will they still get paid all of their summer paychecks in June? Kathleen That is what we do presently. Wanda They get their summer paychecks on the last working day in June.

 

Delete Section E1.

 

Delete Section K.

 

Add new section K: Funding: The parties recognize that the monetary amounts specified in this agreement are contingent upon the District receiving adequate funding. If the District determines that it is not possible to fund the economic components of this agreement without making reductions in staff or programs, it may reopen this agreement for the purpose of renegotiating salary and insurance contributions, as well as any other item having an economic consequence. Any such re-opener bargaining shall be in accordance with ORS 243.698.

 

Page 41, Article 28 Duration of Agreement

 

Brian We are proposing a four year contract, 2005-2009.

 

Page 43, Article 29 Extra Duty Assignments.

 

Delete Section I Obsolete.

 

Brian We will get you a new salary schedule by the next meeting and we have no changes to the index. We have no problem taking the dates off of the salary schedule index. You suggested that we put the memorandums of understanding in the contract and we will look into that. James The first memorandum of understanding was for one year only, we should delete that. Brian I agree. James We proposed to put the grievance memorandum of understanding in the contract. Brian We will look at that.

 

There were no questions about the districts proposal.

 

Brian Do we want to set an agenda for the next meeting? Janet We are open for suggestions. We could take sections of each proposal to discuss. Brian We are open to TAing articles neither party had changes on. We could also sign off an changes that the association made that the district agrees to and visa versa. Should we set a time schedule for the meetings? Janet Yes, and once it gets close to the end time, if both parties agree and feel as though there is progress being made, we can keep going.

 

It was agreed to hold the meetings from 6:00 9:00.

 

Brian Are there any other documents needed from the district? James I would like to sit down with someone at one point and get an idea of what the insurance looks like, and who is on what plan and who is opting out. Patty I would like to get the salaries and benefits for each employee group. Wanda I provided that information to Janet. Janet Yes, Patty. I have those from Wanda.

 

The next meeting will be on April 18, 2005 at 6:00 p.m. in the District Office Boardroom. The meetings are open to the public, and minutes will be posted on the district website at www.junctioncity.k12.or.us. (Just click on Board Info, and then click on Meeting Minutes Archives; there will be a link for Licensed Negotiation Minutes.)

 

Adjourn 8:00 p.m.