JUNCTION CITY SCHOOL DISTRICT

 

LICENSED BARGAINING MEETING

May 4, 2005 6:00 p.m.

 

MINUTES

 

Recorder: Stephanie White

Location: Boardroom

 

Attendance:

 

Patty Turley

Madeline Jorgenson

Darbi Haffner

Cindy Bandow

James Sundell

Barb Coolman

Mary Jo Husiman

Kate Gillow-Wiles

Janet Dunham

Judy Croce

Mike Brotherton

Brian Hungerford

Wanda McClure

Kathryn Hedrick

Tom Endersby

Stephanie White

 

Cal Fagan and Galen Carpenter were absent for the association and Denise Pratt and Kathleen Rodden-Nord were absent for the district.

 

James We prepared a packet for you. James went over the associations proposed changes to article 6 Grievance Procedures. Brian I had prepared one as well, but inadvertently left out some of the things that we agreed on, so I am glad you prepared this. It doesnt look like anything is missing from here. We would agree to sign off on this one.

 

Judy Croce signed off on Article 6 Grievance Procedure, for the district and Janet Dunham signed off for the association.

 

James Article 8 Teaching Hours and Teaching Load. We made some changes to our initial proposal. We would like to add during the student contact day to the end of the first bullet at the end of Section D. Brian I agree that is what is consistent with what the intent was. Is the 4th bulleted item clear enough? James I believe so. Brian We will discuss this in caucus. I dont think we will have a problem with the additions, but we do have a problem with the reference to the OARs; we will talk about it in caucus.

 

James Article 9 Complaint Procedure. We added association representative, but not association designated representative. Brian Is it your intention to having it the same as the grievance? James No, in that article it is ok to add association designated representative. This would be separate. We are talking about a complaint made against a teacher. The complaint procedure is different than the grievance procedure. Patty Has there ever been a time when there was an association rep there as well as a personal attorney? Brian When it is a criminal matter then maybe a personal criminal attorney would be involved. I agree that the complaint procedure is different than the grievance procedure. We will talk about this in caucus. James We would like to make a change to our initial proposal and add The teacher shall receive a copy of the signed complaint two (2) working days prior to the initial conference to Section C.

 

Brian Did you look over our proposal? Janet We felt that we didnt want to accept any anonymous complaints. Brian Our intent wasnt to accept anonymous complaints. We are just saying that when the principal receives a complaint, they have the right to reduce that complaint to writing and then to sign off on the complaint. James The principal could write it out, but then could get the complainant to sign it. Brian Sometimes people have a problem with signing their name to something. Just because a person doesnt sign a complaint form doesnt mean that the event didnt happen. Patty Then they shouldnt be complaining. Brian I dont see how whether or not a complainant signs a document makes or breaks the complaint. This wont enhance the protection of teachers. Kathryn Just because a person doesnt want to sign a complaint form doesnt mean the event didnt happen; I still may need to pursue it. Brian This is just how we process complaints, if discipline comes out of it that is a whole other layer.

 

James Article 10 Teacher Discipline. This is our counter proposal to your article 10 proposal. Brian In your initial proposal you didnt have changes to section A. Patty This is a counter proposal to your proposal. Brian This seems like retaliation for our proposal. This is not a counter proposal to reach an agreement; its moving further from an agreement. James There is no definition of discipline in the contract, and this, we feel, helps define it; it narrows it down. Brian This doesnt narrow it down. This is saying that any decision an administrator made could be construed as discipline. I dont think we need to have any more discussion on this one.

 

James Article 21 Mid-Year Early Retirement. I think we need to look at the current language and keep this article as is. Patty We hope that we can sign off on this article and then construct the districts proposed changes into a new Article 31 Re-Employment of Retirees. James The rationale behind it is that if you employee a teacher you would put them on the proper spot on the salary schedule and bring their sick leave from their past teaching job with them; it is only fair. Brian The insurance issue is the component of our proposal. Patty If a person retires, they can go to another district and get benefits, and still be getting the $500.00 a month stipend from here. Brian We will talk about this in caucus. This is just a situation where we would be less likely to rehire employees. Wanda Anyone who takes the lump-sum, we are obligated to pay PERS on them after six months. We cant have language in the contract that says that the district does not pay PERS on that employee because we are obligated to do so. Brian Is it your position that you want to encourage people to retire, discourage, or do you care? Janet We just want to protect those individuals who wish to do so.

 

Brian You made a proposal in Article 24 for a new section E (TSA) to change the number of participants to 5. Wanda did some checking with Ramona Kelley and will explain our thoughts. Wanda The current practice is 8 participants (any group); it is the practice we have now and the practice we would like to continue with.

 

Brian Article 11 Sick Leave. This is a modification of our first proposal; we changed it to say Members who leave employment with the District and who have used more sick leave days than have been earned as of their separation from the District, shall have an amount equivalent to those unearned sick leave days withheld from their final paycheck. Janet I have a question about the first paragraph, could you clarify that please? Brian This is just stating that if a persons absences start following a pattern, every Friday, every hunting season, day before and/or after a holiday, the district would be able to request a medical certification. James Would the district be willing to cover the medical expenses for obtaining the medical certification? Barb This implies that there has been misuse. Brian There is a small percentage of the workforce who use their sick leave for reasons other than being sick. We are not denying the leave, we are just saying that when if we notice a pattern we would be able to ask why, or require a medical certificate. Kathryn Right now, there is no way I can inquire as to why an employee was gone. Barb I am uncomfortable with the wording. Brian Is there another way you want to word it and still get the point across?

 

James For the injury on duty, does an employee have the right to opt out of having their sick leave used for the other 1/3 of the time? Brian They dont. I would be concerned about their insurance.

 

Brian G, you had proposed a date in February, and we are just counter proposing a date of October 31. Janet Ok.

 

Caucus at 7:23 p.m.

8:06 p.m.

 

Janet Article 8D we are ok to delete the OARs and to add the wording of prep time during the student contact day just for clarification to the last asterisk. Brian That is fine, we will go ahead and TA on Article 8 with the changes.

 

Janet Article 9B We feel strongly that the complaint needs to be signed by the complainant. Brian We feel equally strongly that the principal can sign off. We also have a problem with the first sentence in C. We should table this article for another meeting. Madeline When a complainant signs the complaint, they are saying that what the complaint says is accurate. Brian Just because the complaint isnt signed by the person making the complaint doesnt mean that the complaint wasnt there. Patty If they feel strongly enough to make the complaint, they should sign it. Brian What if the person doesnt feel that the complaint is important enough to fill out a formal complaint, but the administrator feels as though it should be followed up on? We should table this until the next meeting.

 

Brian Article 10. Janet Brian, what we put in A was not retaliatory; we are ok with the current language. Brian This is how we read it: You propose to add one more personal day to make it three, so our counter proposal would be to take one off and have one personal day instead of two. We still have a proposal on Article 10. We will table this until the next meeting.

 

Brian Article 31 We should table this until the next meeting. I dont feel comfortable with signing off on this, or Article 21, without Kathleen looking at them.

 

Janet Article 24E We would like to clarify participants as being administrators, classified, certified, and confidential. Brian Ok. Article 24 was TAs with changes.

 

Janet Article 11 We feel very strongly about the second paragraph in A. Under certain circumstances this could be construed as discrimination against certain individuals. There certainly are those who do abuse sick leave, but we dont want this in the contract. Brian Fern Ridges contract just says that the district may require a medical certification, we could take out the after 5 days and use what Fern Ridge has. Mary Jo It would be hard to get a medical certification when I have the flu because I dont go to the doctor. Am I going to have to go to the doctor every time I am gone from work? Brian This is just for when absences become a pattern. Patty When someone is out of the classroom it causes a disruption of instruction. If a person is routinely doing this, it would seem that their attitude would show up in other aspects of instruction. Kathryn Does the association have an answer to how I can ask if someone is absent? James We can come back with suggestions.

 

Janet In A1, we are ok with the change to the language about withholding the unearned sick leave from the final paycheck. We want to make sure that this just pertains to sick leave from the district. If they use sick leave bank time, that does not have to be repaid. Brian That is understood.

 

Janet C Several of us felt that adding this was adding insult to injury. We understand that the district is running a business but we feel the district should take care of the 1/3 if the injury happened on the job. Brian I understand what you are saying, but we have never seen the current language in other contracts. Janet Could this be written another way that distinguishes fault? Brian I understand your position, but our position would still be our proposed language. Cindy Could the employee choose to have the 1/3 taken from sick leave, or to have it unpaid? Brian Any improvement to this article language would be an improvement, we can definitely look at that.

 

Janet The rest of the changes in this article are ok with the association. Brian We can bring a counter on Article 11 next time.

 

Janet The district was supposed to have a calendar for us to see. Brian I would like to do that when Kathleen is here. Janet Do you have one? Brian There has been discussion back and forth between the administration and the board. Wanda The administrators will be meeting again and modifying the calendar.

 

Patty I shared this chart with Kathleen, it shows the instructional hours for districts in Lane County.

 

Brian Thanks for the information. We will meet again on Tuesday, May 17 from 4:00 until 6:00 p.m. and then again on May 31 from 6:00 9:00 p.m.

 

The next meeting will be on May 17, 2005 from 4:00 p.m. to 6:00 p.m. at the District Office. 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 9:00 p.m.