Cornell University ILR School DigitalCommons@ILR Retail and Education Collective Bargaining Agreements - U.S. Department of Labor Collective Bargaining Agreements 7-1-1988 Hamilton County Board of Education and Hamilton County Education Association (1988) Follow this and additional works at: http://digitalcommons.ilr.cornell.edu/blscontracts2 DigitalCommons@ILR is celebrating its 10th anniversary! Please share your DigitalCommons@ILR story! This Article is brought to you for free and open access by the Collective Bargaining Agreements at DigitalCommons@ILR. It has been accepted for inclusion in Retail and Education Collective Bargaining Agreements - U.S. Department of Labor by an authorized administrator of DigitalCommons@ILR. For more information, please contact hlmdigital@cornell.edu. Hamilton County Board of Education and Hamilton County Education Association (1988) Location Hamilton Co., TN Effective Date 7-1-1988 Expiration Date June 1991 Number of Workers Unknown Employer Hamilton County Board of Education Union Hamilton County Education Association Union Local Hamilton Co., TN NAICS 61 Sector Local government Item ID 6178-008b183f006_05 Keywords collective labor agreements, collective bargaining agreements, labor contracts, labor unions, United States Department of Labor, Bureau of Labor Statistics Comments This digital collection is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial, educational use, only. This article is available at DigitalCommons@ILR: http://digitalcommons.ilr.cornell.edu/blscontracts2/358 MEMORANDUM of AGREEMENT between The Hamilton County Board of Education and The Hamilton County Education Association 1989 - 1990 T A B L E O F C O N T E N T S Articles Number Title Page I Preamble............................................... 1 II Recognition............................................ 1 III Management Rights..................................... 2 IV Association Rights.................................... 2 V Payroll Deductions.................................... 3 VI Salary, Supplemental Pay, Travel Allowance and Retirement Pay................................... 4 VII Insurance.............................................. 6 VIII Employee Workday...................................... 10 IX Employee Assignment................................... 12 X Vacancies, Transfers, Reassignments, and Reduction In Force......................................... 13 XI Employee Safety and Legal Protection................... 16 XII Sick Leave............................................. 18 XIII Temporary Leaves of Absence........................... 19 XIV Extended Leaves of Absence............................ 20 XV Sabbatical Leave....................................... 22 XVI Employee Local Evaluation............................. 23 XVII Personnel Files........................................ 24 XVIII Student Discipline Procedures......................... 26 XIX Grievance Procedure................................... 26 XX Employee Relations.................................... 30 XXI Legal Savings.......................................... 31 XXII Printing and Distribution............................. 31 XXIII Duration............................................... 32 Appendices Letter Title Page A Dues Deduction Authorization Form..................... 33 B Teacher Salary Schedule............................... 34 C Administrator Salary Schedule......................... 37 D Supplemental Pay Schedule............................. 40 E Informal Level Grievance Form......................... 43 F Grievance Form......................................... 44 G Sick Leave Bank........................................ 45 H Procedures Requiring a Second Medical Opinion......... 48 I Outpatient Surgical Procedures........................ 49 J Employee Relations Form............................... 51 ARTICLE I - PREAMBLE The Board and the Association recognize that the interest of public education will be served by establishing procedures to provide an orderly method for the Board and the Association to reach agreement on matters within the scope of negotiations. Therefore, pursuant to the Education Professional Negotiations Act (Tennessee Code Annotated 49 5-601-613) The Hamilton County School Board, hereinafter referred to as the Board, and The Hamilton County Education Association, hereinafter referred to as the Association, have negotiated in good faith. There­ fore, the Board and Association enter into the following covenants and agree as follows: ARTICLE II - RECOGNITION Section 1 - Parties to the Agreement This Memorandum of Agreement is between the Hamilton County Board of Education, hereafter referred to in this Agreement as the "Board" and the Hamilton County Education Association, hereafter referred to in this Agreement as the "Association." Section 2 - Association as Exclusive Representative In accordance with the Tennessee Education Professional Negotiations Act, the Board hereby recognizes the Association as the exclusive representative for the purpose of collective negotiations of all profes­ sional employees under contract, on Board approved leave of absence, on a per diem or hourly basis, but excluding those designated by the Board as "management personnel" pursuant to TCA 49-5-608. Section 3 - Board's Representative for Negotiations The Association recognizes the Board as the duly appointed governing body of the Hamilton County School System and agrees to negotiate only with the Board's designated representative. Section 4 - Definition of Terms A. The term "employee" shall mean any professional employee included in the negotiating unit. References to males will include females. B. The term "teacher" shall mean any professional employee in the negotiating unit whose salary is determined in accordance with the Teacher Salary Scale in Appendix B. C. The term "administrator" shall mean any professional employee in the negotiating unit whose salary is determined in accordance with the Administrator Salary Scale in Appendix C. D. The term "principal" shall include vocational school managers, where applicable. The term "assistant principal" shall include vocational school assistant managers, where applicable. -1- Section 5 - administrative and Supervisory Role Designation The Association and the Board recognize and agree that certain profes­ sional employees hold positions which are primarily supervisory and/or administrative in nature and further recognize and agree that necessary and proper distinctions shall be made delineating the administrative and/or supervisory role where applicable throughout the body of this Memorandum of Agreement. Section & - Agents of the Board The Board recognizes administrators and supervisors as agents of the Board, and as such, administrators and supervisors are directly respon­ sible for the administration of all applicable (1) federal, state, and local statutes, (2) Board policies, (3) administrative regulations to implement these statutes and policies and (4) Memoranda of Agreements. ARTICLE III - MANAGEMENT RIGHTS The Board hereby retains and reserves unto itself all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws of the State of Tennessee and of the United States, to manage and control the school system in the public interest, provided that the exercise of these rights and responsibilities shall be in conformity with the provisions of this Agreement. The Board in the adoption of policies, rules, regulations, and practices, shall be limited only by the specific and express terms of this Agreement. ARTICLE IV -- ASSOCIATION RIGHTS Section 1 - Use of Facilities The Association shall, with prior approval of the school principal, have the right to make use of school buildings, facilities and eguipment at all reasonable hours. The Association shall pay for the reasonable cost of all materials and supplies incidental to such use. When use of facilities requires special custodial services, the Association shall pay for such services. Section 2 - Communications The Association shall have the right to post notices of activities and matters of Association concern on employee bulletin boards, in an area used exclusively by employees. The Association may use the school system's regular interschool mail delivery system and employee mailboxes for communications to employees or members of the Association. Material which is distributed by the Association shall clearly indicate that such material is from the Association. Section 3 - Access to Members Duly authorized representatives of the Association shall, with prior approval of the school principal, be permitted to transact official Association business on school property at all reasonable times, pro­ vided that this shall not interfere with or interrupt normal school operations. -2- Section 4 - Association Leave At the beginning of each school Year the Association shall be granted twenty-six unpaid leave days to be used by its officers or representa­ tives. Use of the days shall be left to the discretion of the Associ­ ation. If the Board reguires an Association Representative or an employee to participate during school hours in negotiations, grievance proceedings, conferences or meetings, he shall suffer no loss of pay or other benefits. ARTICLE V - PAYROLL DEDUCTIONS Section 1 - Dues Deduction Authorization Any employee who is a member of the Association or who has applied for membership, may sign for the Association to deliver to the Board an assignment authorizing payroll deduction of professional dues. The forms of the assignment shall be (1) United Teaching Profession member­ ship enrollment form and (2) Dues Deduction Authorization Form Appendix A. Form Two (2) shall be made available to the Association by August 15 of each year. The Association shall deliver to the Finance Department all completed Dues Deduction Authorization Forms and an alphabetical list by work assignment of all employees who desire payroll deductions on or before the fourth school day of October each year. The Board shall have no obligation to deduct dues for the current school year for forms or lists received after this date. Section 2 - Deduction Procedure Pursuant to the deduction authorization, the Board will deduct one- twelfth (1/12) of the total amount to be deducted from the regular salary check of the employee beginning with the last paycheck in October and continuing thereafter for eleven (11) consecutive paychecks. Section 3 - Pro-Rata Deductions Deductions for Employees authorizing dues deduction after the dates of commencement of deductions as specified in Section 1 of this article shall be pro-rated so as to complete deductions at the same time as other association deductions. Authorization forms must be received in the Finance office within ten (10) working days of the employee's next regular paycheck. Section 4 - Duration of Authorization Dues deductions shall continue in effect from year-to-year. Such deductions shall be revoked by written notification to the Finance Office of the Hamilton County Department of Education and the Hamilton County Education Association by September 1 of any school year. -3- Section 5 - Board Obligation Release In the event that an employee's net salary is insufficient to permit dues deduction for the month, the Board shall have no obligation to deduct dues for that month from said employee. Section 6 - Transmission of Dues to Association All dues deducted by the Board, shall be remitted to the Association, within twenty-one (21) calendar days from the date deducted. An alpha­ betical list by work assignment of employees for whom such deductions have been made shall also be supplied to the Association. The list shall be separated by payroll classification. Section 7 - Indemnification The Association agrees to indemnify and hold harmless the Board against any and all claims, suits or other forms of liability, arising out of the provisions in this dues deduction agreement between the parties. Section 8 - Other Payroll Deductions The Board shall continue to provide payroll deductions for Board- approved annuities, bonds, credit unions, insurance programs and chari­ table organizations. ARTICLE VI - SALARY, SUPPLEMENTAL PAY, TRAVEL ALLOWANCE AND RETIREMENT PAY Section 1 - Teacher Salary Schedule The salary of each teacher shall be determined by the Teacher Salary Scale shown in Appendix B. A teacher whose regular assignment requires more than two hundred one (201) days shall be compensated at the contracted daily rate provided that, this provision does not apply to any paid supplemental duty. The Board agrees to continue the present practice of granting salary credit for approved work experience as determined by the State Department of Education. Section 2 - Administrator Salary Schedule The salary of each administrator shall be determined by the Admini­ strator Salary Scale shown in Appendix C. Section 3 - Placement on Salary Schedule Each employee shall be placed on his proper step of the salary scale with full credit for allowable teaching experience and academic train­ ing, as established by the State Board of Education, except for those employees whose salary is determined by the Central Office Administra- tive/Supervisory Salary Scale, Appendix C. The maximum teaching experience allowed on the County pay scale shall be fifteen (15) years. -4- Section 4 - Methods of Payment ft. Pay Periods Each teacher shall be paid by check in twenty (20) equal install­ ments except that a teacher who is employed for twelve (12) months shall be paid biweekly. The first paycheck for teachers shall be issued on the first Friday falling on or following the tenth workday of the year. Paychecks shall be issued biweekly thereafter except for the seventeenth check which will be three weeks after the sixteenth paycheck and the last paycheck shall be issued on the last working day of the school year. Each administrator shall be paid biweekly by check. An employee shall receive his check at his regular work location and on regular school days except for participants in the approved 12-month salary distribution plan. When a pay date falls on or during a school holiday, vacation or weekend, a teacher shall receive his pay check on the last working day, preceding the holiday, vacation or weekend, except for the winter recess when checks will be issued on the first working day after the recess. B. Extended Contract Any teacher whose contract extends beyond two hundred one (201) days, but less than 12 months, shall be paid by check at the conclusion of the extended work period, or monthly. Section 5 - Confidentiality of Paychecks The building principal or his designee shall be responsible for distrib­ uting paychecks in such a manner so as to protect the privacy of the employee. Upon written authorization, an employee may permit another individual to receive his paycheck. Itinerant employees may elect to have their paychecks mailed to their home address. Section 6 - Paid Supplemental Duties The compensation for teachers who direct paid supplemental duties shall be as shown in the Supplemental Pay Schedule, Appendix D. Section 7 - Department Chairmen and Team Leaders With the approval of the school principal, grade level chairmen of elementary schools, subject area department chairmen of secondary schools (grades 7-12) and grade level team leaders of middle schools shall be compensated at the rate of ten dollars ($10.00) monthly for each teacher in their department or team other than the department chairman or team leader. Section 8 - Expenses for Traveling Employees Any employee who is required by reason of his assignment, to travel from one place of responsibility to another during the contract day shall be reimbursed for all mileage beyond his base location at the rate of twenty-one cents (2It) per mile. Each itinerant employee shall be assigned a base location. -5- An employee who is assigned to more than one school per day shall be reimbursed for all approved travel after arrival at the first assigned location (base location). If the distance from the employee's last assigned location to his home is greater than the distance between his home and his base location, he shall be reimbursed for the difference. Any employee who is required to serve more than one school per week shall also be reimbursed for travel incurred as a result of his job assignment. The base location for an employee who travels to more than one assignment per week shall be the location in which the greatest amount of time is spent. If an equal amount of time is spent in two or more locations, the employee may designate which of the assignments shall be the base location. Other job related travel, approved by the Superintendent or his designee, shall also be reimbursed at the rate of twenty-one cents (214) per mile. Section 9 - Sick Leave Payment Employees who retire under any State of Tennessee or Hamilton County approved retirement plans shall be paid for accrued sick leave. In the event of termination of employment as a result of death, any salary payment and accrued sick leave days shall be paid to the employee's beneficiary. The sick leave payment shall be at the rate of ten dollars ($10.00) per day to a maximum of one hundred sixty (160) days. Section 10 - Unused Personal Leave At the end of each school year, two days of unused personal leave shall be credited as sick leave. Employees shall be paid forty dollars ($40.00) for the third unused personal leave day. The first two days of personal leave shall be designated as state personal leave. ARTICLE VII - INSURANCE Section 1 - Comprehensive Medical and Life For the 1988-89 and 1989-90 school years, the Board agrees to pay for individual coverage for each full-time employee for a health care protection plan and a life insurance plan that meets the following specifications: (a) A $100 deductible per individual per calendar year with a maximum of three (3) deductibles per family. (b) Policy payment of 80% of covered expenses until deductible plus out-of-pocket expenses equal $600 per person and 100% of covered expenses thereafter, except as provided for in (i)-(o) below. (c) Payment for semi-private room, subject to limitations of (a) and (b) above. (d) Maternity covered as any other illness. -6- (e) Aggregate maximum benefit of $1,000,000.00. (f) Mental and nervous disorders covered to a maximum of $10 , 00 0 . 0 0 . (g) Group life insurance in the amount of $10,000.00. (h) Accidental Death or Dismemberment coverage in the amount of $10 , 000 . 0 0 . (i) Surgical procedures, which are listed in Appendix H, require a second confirming opinion by a physician not associated with the physician giving the original opinion, in order to receive 80% payment in accordance with (b) above. If the employee elects not to receive a second confirming opinion, the surgery cost and physician's fee will only be paid at 50% of (Usual, Customary, Reasonable) UCR. A second or third opinion will be paid at 100%. (j) Surgical procedures, which are listed in Appendix I, will be paid at 100% and deductible waived if done on an out-patient basis. (k) Pre-admission testing done prior to hospital admission will be paid at 100% and deductible waived, instead of the standard 80% and deductible. (l) No payment for room and board for Friday and Saturday hospital admission for elective surgery unless surgery is performed within twenty-four hours of admission or unless such admission is required by the procedure being performed. (m) All emergency room treatments shall be subject to a $25.00 deductible, in addition to any other applicable deductibles, per visit. (n) Hospice care will be paid at 100% and deductible waived, instead of the standard 80% and deductible. (o) Home nursing service in lieu of hospital confinement, as prescribed by a physician, will be paid at 100% and deductible waived to a maximum of 100 days, instead of the standard 80% and deductible. (p) Any employee who finds erroneous costs on medical bills which have been paid by the health insurance plan will receive a reward of 50% of the cost saved. (q) The Plan will pay 100% of the physician's fee for second opinions relating to any surgical procedure. (r) Donor surgery shall be covered as any other illness or procedure under this plan. (s) Substance abuse treatment shall be covered to a maximum of $5,000.00. -7- Employees who elect family coverage health care shall have the premium cost deducted from their paychecks. Section 2 - Liability All employees shall be covered by Board-financed liability insurance covering job-related performance of duties in accordance with existing insurance policies. The Board agrees to provide each school with a copy of all Board liability insurance policies. When, by the nature of his job assignment, an employee must transport students in a school owned or individually owned vehicle, the employee shall be covered by the self-insurance plan administered by the County and funded in part by the Board of Education. Section 3 On-the-Job Injury Absence due to an injury incurred by an employee while performing duties directly related to his assignment which renders the employee unable to perform normal duties shall not be charged against the employee's accumulated sick leave to a maximum of twenty (20) working days per separate incident, provided that the employee alleging such injury files or causes to be filed a completed copy of the specified accident report form with the Finance Office within five (5) working days of the acci­ dent. If the injury occurs while the employee is on a Board approved activity outside of the District the employee shall file or caused to be filed the accident report within five (5) working days of the return date. The Board reserves the right to require a physician's statement to verify the employee's inability to perform normal duties. Failure to file an accident report within the five (5) working day period shall relieve the Board of any responsibility under this section. For such an on-the-job injury the Board agrees to fully pay the deduct­ ible and other costs not covered by the health insurance plan in effect at the time of the injury. If the injury requires that an employee be absent from assigned duties for more than twenty (20) working days, the employee has the option of either: (1) Using accumulated sick leave days or (2) receiving benefits equivalent to those payable under the State of Tennessee Workman's Compensation law. Section 4 - Duration of Coverage The Board-provided insurance programs shall be for the duration of this Agreement. -8- Section 5 - Description of Coverage The Board shall provide each new employee with an application form and a description of the insurance coverage within twenty (20) calendar days of the date of employment. The description shall include a statement of conditions and limits of coverage. If a change in coverage is made, all employees shall receive written notification of the change. Section 6 - Dental Expense Reimbursement Plan The Dental Expense Reimbursement Program will meet the following spec i f icat ions: (a) The Dental Expense Reimbursement Program is effective for dental services provided on or after February 1, 1986. The Program year is July 1 through June 30. (b) The plan becomes effective for full-time employees and their dependents upon the date they become eligible for employee health insurance. To participate, an employee must complete the Enrollment Form. There will be an open enrollment period during September 1987. If additional dependents are acguired, they may be added to the Program within sixty (60) working days of the date of acquisition. New employees must enroll during their initial orientation period. Coverage will be effective immediately upon enrollment. All employees shall sign either the Enrollment Form or a waiver of benefits form. Eligibility is discontinued effective with the date of separation for any reason. (c) Dependents shall be defined the same as in employee's medical plan. An employee need not have dependent health coverage to receive dependent dental coverage. (d) The Dental Expense Program will pay eighty percent (80%) of the first $250.00 of any dental expenses and then fifty per cent (50%) of any additional expenses up to $1,000.00 maximum reimbursement per program year per covered individual for dental expenses not covered under the employee medical plan. The Program is secondary to any other dental plan and to our own Health Plan. (e) All dental procedures are covered dental expenses if provided by or under the direction of a dentist licensed to practice by the state in which he or she practices. (f) An employee must complete a dental reimbursement request form and submit the completed form to the Finance Department with a paid cash receipt, charge card receipt or cancelled check, within 90 calendar days of service to be eligible for reimbursement. (g) Reimbursement shall be made within ten work days from the date proof of payment and reimbursement form is received by the Finance Department. -9- (h) The plan will continue in effect for current employees and their dependents. New employees and their dependents will become eligible upon the date they qualify for medical insurance. Any changes in this Program will be developed through the negotiations process. Employees will be notified of changes at least one (1) month in advance of the effective date of change. Section 7 - Continuation Employees on Board approved paid leave shall continue to have Board contributions made according to Section one (1) of this Article. Employees on Board approved non-paid leave shall have the option to continue any or all of the Board-paid programs by paying the premiums to the Board within thirty (30) days of the billing date. Section 8 - Insurance Committee An Insurance Committee, composed of three members selected by the Superintendent and three members selected by the Association, shall meet at least quarterly to discuss the insurance coverage provided by this Agreement and to discuss the selection of carriers. Section 9 - Health Insurance for Retired Employees The Board shall provide for employees who retire after June 30, 1987, an amount for individual health insurance coverage. The amount to be provided and the specifications of the plan shall be in accordance with section 1 of this Article. To be eligible for this coverage, an employee must be between the age of 55 and the age at which he becomes eligible for Medicare or have at least 30 years in the Tennessee Consolidated Retirement System. The employee must also have at least 20 years of service in the Hamilton County School System. ARTICLE VIII - EMPLOYEE WORKDAY Section 1 - Workday for Teachers The normal workday for teachers shall be at least seven (7) hours. The principal or immediate supervisor shall be responsible for determining the specific period of time that a teacher shall be at his assigned work location(s). Teachers may be assigned duties beyond the normal workday, provided, however, that such duties shall be distributed on an equitable basis, as determined by the principal. Section 2 - Workday for Administrators The workday for administrators shall be determined by the Board. Section 3 - Definition Workday shall mean the length of time that an employee is required by his immediate supervisor to be at his assigned work location(s). -10- ‘ction 4 - Teacher Load le principal shall provide the following for the teachers in the lilding if this can be accomplished with the staff assigned to his lilding: (a) With the approval of the principal or his designee, a teacher may leave the building or grounds during his duty-free lunch period. (b) Fifty-five minutes of daily duty-free preparation time for classroom teachers on the secondary level. Elementary classroom teachers shall be given at least one and one-half (\\) hours of duty-free preparation time per full school week. This preparation time shall occur during no less than two days and shall consist of a minimum of thirty (30) consecutive minutes per planning period. Duty-free preparation time for classroom teachers is to be used for activities directly related to the instructional program. (c) A daily teaching load not to exceed five (5) hours of pupil contact per day for all classroom teachers in a middle, junior or senior high school. (d) Teachers shall not be required to complete monthly attendance forms or transportation reports, except that vocational teachers may be required to complete reports required by the State Department for the first three months of the school year. (e) A committee composed of the principal, the Association faculty representative and a teacher selected by the faculty shall be established in each elementary school. The function of this committee shall be to assist in formulating plans for provid­ ing planning time. (f) Bus duty assignments shall be equitably distributed and held to as minimal amount of time as possible. ection 5 - Duty-Free Lunch daily duty-free lunch period equal in length to the scheduled student unch period at the school shall be provided for teachers. eachers shall not be required to attend conferences during duty-free unch. ection 6 - Teacher Response eachers utilizing duty-free time shall be required to respond to an mergency situation or an irregularly scheduled school activity, when so irected by the principal. -11- Section 7 - Faculty Meetings By the end of the first week of the school year the principal shall notify the employees of the regular schedule for faculty meetings. This shall not preclude the principal from calling faculty meetings necessi­ tated by an emergency situation. When scheduling regular faculty meetings, the principal shall meet the following conditions: (a) A maximum of four meetings per calendar month may be held. (b) Meetings held prior to the start of the student school day shall not exceed thirty minutes. Meetings held after the end of the student school day shall not exceed forty-five minutes. (c) Items of school-wide interest submitted by members of the faculty to the principal at least one day in advance of a meeting shall be placed on the agenda. This shall not pre­ clude other items of school-wide interest submitted by the faculty from being discussed. (d) Morning meetings shall not be scheduled on Monday or on any day immediately following any holiday or other day upon which teacher attendance is not required at school. Afternoon meetings shall not be called on Fridays or any day immediately preceding any holiday or other day upon which teacher atten­ dance is not required in school. Section 8 - Inclement Weather When it is necessary to adjust the student school day due to inclement weather, the employee workday will be adjusted accordingly unless otherwise directed by the Superintendent or his designee. Section 9 - Itinerant Teachers Teachers assigned to more than one school shall be required to serve no duties beyond those normally assigned to a teacher serving in only one (1) school. ARTICLE IX - EMPLOYEE ASSIGNMENT Section 1 - Assignment of Employees The immediate supervisor shall give written notice of a teacher's assignment for the forthcoming school year, before the end of the preceding school year, if administratively possible. A newly elected employee shall be given written notice of assignment within seven (7) calendar days of the Board action. Section 2 - Traveling Teachers Subject to the needs of the total school system, schedules of teachers who are assigned to more than one school shall be arranged so as to reduce, to the extent possible, the amount of travel required. -12- ARTICLE X - VACANCIES, TRANSFERS, REASSIGNMENTS AND REDUCTION IN FORCE Section 1 - Posting of Notice of Teaching Vacancies Thirty (30) calendar days prior to the end of each school year and continuing every two weeks up to fifteen (15) working days prior to the first day teachers report for the following school year, the Board shall post in each school a list of all officially known vacancies for the following school year. A copy of the posting shall be provided to the Association office. The official notice shall contain the date of posting, a description of the position, the name and location of the vacancy, the requirements of the position, the office to which application is to be made, and a date by which application is to be received, which shall be no less than six (6) working days from the date of posting. Section 2 - Filling of Teaching Vacancies A teaching vacancy created by a resignation, termination or new position and occurring on or after fifteen (15) working days prior to the first day teachers report for the following school year, shall be filled for the following school year without advertising. At the end of the school year, that position shall be declared open and shall be advertised as such at least thirty (30) calendar days prior to the end of the school year. When filling advertised vacancies if, in the judgment of the receiving principal the total qualifications of two or more current tenured, certified employees are equal, length of service in the Hamilton County School System since the most recent date of hire shall be given primary consideration in filling the position. For the 1986-87 school term, a continuing list of vacancies filled and to be filled without advertising will be posted in the personnel office, in the HCEA office, and distributed to each school on a monthly basis beginning in November and ending in March. This list shall contain the title, location and effective dates of each position. Section 3 - Promotional Vacancies A promotional position is an administrative/supervisory position and one paying a salary differential above the Teachers' Salary Scale (Appendix B). A vacant or newly created promotional position shall be posted in each school for at least six (6) working days before the position is filled on a permanent basis. A copy of the vacancy notice shall be provided to the Association. The posting and content of the vacancy notice shall be in accordance with Section 1 and also shall state the minimum salary for the position. Employees who are qualified for the promotional vacancy and who desire to be considered for the position shall apply to the personnel office in writing within six (6) working days of the posting date. -13- A promotional position shall not be filled until all properly submitted applications from qualified employees have been considered. In filling such vacancies preference shall be given to qualified employees already employed by the Board. Qualified employees not selected for a promo­ tional vacancy shall be notified in writing within six (6) working days of the appropriate Board action. Section 4 - Involuntary Transfer and Reassignment Procedures When the Board determines that an involuntary transfer or reassignment is necessary, volunteers from among those affected holding necessary certification will be given preference. In the event that two or more employees volunteer for the same transfer or reassignment, preference will be given to each employee's length of service in the school system. If no volunteer is available, the desires of tenured employees in the affected area shall be given preference. An employee who is to be involuntarily transferred shall receive written notice of the reason for the transfer five (5) working days prior to the enactment of the transfer. Written notification shall be received at least five (5) working days prior to the Board meeting at which the recommendation is to be presented. In the event that the employee objects to the involuntary transfer or reassignment, the employee may request a meeting with the Superintendent or his designee. Such a meeting shall be held before the proposed transfer or reassignment is presented for Board action. If, after this meeting, the employee still objects to the transfer or reassignment, he may file a written statement of his objection with the Superintendent. At the employee's request, a copy of the written statement shall be given to the Board and the employee shall be afforded the opportunity to appear before the Board for the purpose of stating his objections prior to Board action on the transfer or reassignment. Section 5 - notification to the Association The names of all employees who have been reassigned or transferred and the positions to which they have been reassigned or transferred shall be made available to the president of the Association or his designee immediately prior to the Board meeting. Section 6 - Layoffs Subject to the total educational needs of the school system as assessed by the Superintendent and approved by the Board, the following procedure shall be used in the event that a reduction of professional employees is necessary: A. Employees in the affected area shall be declared surplus in reverse order of their total length of service since the employee's most recent date of hire in the Hamilton County School System. B. An employee who is declared surplus, and who does not secure a position through the procedure described in Section 2 of this Article, shall displace the employee in the surplus certifica- -14- tion who has the least total years of service based on that employee's most recent date of hire with the Hamilton County School System. The displaced employee shall be placed on layoff, except that no employee shall be placed on layoff if he/she is qualified for the position of the employee with the least total years of service based on most recent date of hire, considering all certifications. A surplus employee shall be assigned an available vacant position in the affected certification. C. If the Board deems it necessary to make an exception to A or B above, the reason)s) for the exception shall be stated in a Board meeting. Prior to any decision granting an exception, the Board shall provide the Association with reasons for requesting the exception and names of any personnel who will be affected at least five (5) calendar days before the excep­ tion is to be presented at a scheduled School Board meeting. The Association shall have the right to respond to the pro­ posed exception prior to any action taken by the School Board. An employee on leave of absence shall be eligible for layoff as though he were in active service. An employee laid off as provided herein shall have the option of contin­ uing membership in the Board's health insurance plan by paying the full premium cost to the Board each month while laid off to a maximum of 24 months. The administration shall provide written notice to each employee who may be affected by a surplus action or layoff at the earliest date possible. Such notice shall include a specific written reason(s) for the layoff. In the event of a layoff, the Superintendent or his designee shall, meet with representatives of the Association to explain the reason)s) for the lay off, the manner of implementing the lay off and to offer the Association the opportunity to make suggestions relative to the lay off. Section 7 - Recall Employees who are laid off as provided for in Section Six (6) of this Article shall be placed on a recall list for twenty-four (24) months, after which they shall have no recall rights. Subject to the total educational needs of the system as assessed by the Superintendent and approved by the Board, tenured employees on the recall list in the affected areas shall be recalled in reverse order of their total length of service in the Hamilton County School System, since most recent date of hire. If the Board deems it necessary to make an exception, the procedure in Section 6-C shall be followed. Employees shall be notified of recall by certified mail. Within five (5) calendar days of the receipt of the offer to return to employment, or within fifteen (15) calendar days of the postmark date, whichever is sooner, the employee shall accept the position in writing, or it shall be determined that he has declined the offer. It shall be the responsi­ bility of each laid-off employee to keep the Personnel Office informed in writing of any change in address. -15- If an employee declines an offer of recall as provided for in this section, either by action or inaction, the employee's name shall be placed at the bottom of the recall list. No further recall obligation shall be required for that employee until all other laid-off employees in the area of certification have been offered positions. An employee on Board approved leave shall be eligible for recall at the termination of his leave. Employees affected by a layoff as provided in Section Six (6) of this Article, on their request, shall be placed on a special substitute list. As far as possible, personnel on this list shall be utilized both in day to day and long term substitute assignments before persons on the regular substitute list are called. An employee reemployed by exercising his recall rights shall be given full credit for any previously established teaching experience in the Hamilton County School System. The administration shall, within three (3) working days of the Board meeting, which the layoffs are enacted, provide the Association with (1) a list of employees laid off, (2) the date of most recent hire (3) the date of his earliest application and (4) area(s) of certification. Section 8 - Seniority Seniority shall be defined as the total length of service from the most recent date of hire in the Hamilton County School System. In the event that more than one employee has the same date of hire, seniority shall be determined by the date of most recent application. ARTICLE XI - EMPLOYEE SAFETY AND LEGAL PROTECTION Section 1 - Safety of Working Areas It shall be the obligation of the Board to determine if areas in which employees are assigned are safe and nonhazardous. It shall be the obligation of each employee to perform assigned duties in a manner which is safe and nonhazardous. Section 2 - Suspected Unsafe Conditions An employee who suspects that an unsafe situation exists shall imme­ diately so inform his immediate supervisor. The immediate supervisor shall evaluate the situation and determine what action, if any, is needed. If the situation poses immediate harm to an employee or stu­ dent, the employee will first take needed preventive action and then notify his immediate supervisor. Section 3 - Use of Reasonable Force If within the scope of his assignment the safety of an employee or student is threatened by a real and present danger, an employee may use reasonable force as necessary to protect himself or a pupil from attack, to protect another employee or property, or to obtain possession of weapons or other dangerous objects. Employees shall immediately report incidents of this nature to their immediate supervisor. -16- Section 4 - Physical Assault on an Employee In the event that an employee, while performing assigned duties, suffers bodily injury as a direct result of a physical attack upon the employee the Board shall provide the following benefits to the employee: (a) Legal counsel to advise the employee of his legal rights. (b) When absence from assigned duties is directly caused by such bodily injury, the employee shall receive regular salary and benefits for the period of such absence up to twenty (20) working days per separate incident and shall not forfeit any accumulated leave. (c) The Board shall reimburse an employee for the actual value of any personal property damaged or destroyed during such physical attack, in excess of any valid and collectible insurance in effect at the time of the attack, up to a maximum of $200.00. (d) The Board shall assume medical costs beyond the employee's insurance coverage to a maximum of $1,000.00 incurred by an employee as a result of such bodily injury. (e) The providing of the benefits specifically described above shall be the sole obligation of the Board under this Section. Section 5 - Conditions for Providing Benefits The Board's providing of the benefits described in Section four (4) of this Article are conditioned upon any or all of the following, to be determined by the Board: (a) The employee promptly files an official complaint, giving complete details of the physical attack, with the governmental agency having police jurisdiction in the matter. (b) The employee must have been performing his duties in a reason­ able and prudent manner. (c) The physical attack must not have been provoked by the employee. (d) The Board shall receive a notarized statement from the employee, listing all personal property damaged or destroyed and reasonable proof of value, within two weeks of the physical attack. (e) The Board shall receive a statement from a medical doctor attesting to the employee's inability to return to work. Section 6 - Reimbursement for Personal Property The Board agrees to budget a sum of $3000.00 each fiscal year to reim­ burse employees for the replacement of personal property stolen, damaged or destroyed while the employee was discharging his duties within the -17- scope of his assignment. The Board shall provide this reimbursement only if the employee immediately informs his supervisor in writing of the loss and presents a notarized statement to the Assistant Superintendent for Finance and Administration within ten (10) calendar days of the loss stating the circumstances of the loss and the estimated replacement or repair cost. No employee shall receive more than $200.00 per fiscal year under this Section. The reimbursement provided by the Board shall be in excess of any valid and collectible insurance in effect at the time of the loss. Section 7 - Legal Action Against an Employee When suit for damages is instituted against an employee, resulting from an alleged wrongful act by the employee in the performance of assigned duties, the Board shall provide the employee with legal counsel and indemnification up to the limits of and in accordance with the Board's Educational Liability Policy in effect at the time of the occurrence. The Board shall also pay the $2,500.00 retention fee provided for in the Policy. However, the Board shall have no obligation to provide any such legal counsel or indemnification in the event that the Board is the plaintiff in the suit against the employee or a Court or a jury deter­ mines that the employee was guilty of negligence or intentional wrong­ doing. In no event shall the Board be obligated to indemnify the employee for any punitive or exemplary damages awarded in such a suit. ARTICLE XII - SICK LEAVE Section 1 - Accumulation of Benefits At the beginning of each school year, an employee shall be credited with one (1) day sick leave allowance for each month of contractual employ­ ment. Unused sick leave days shall be accumulated from year to year with no maximum limit. Sick leave shall mean leave of absence because of illness of an employee from natural causes, accident or quarantine or illness or death of a member of the immediate family of an employee, including the employee1s wife or husband, parents, grandparents, children, grandchildren, brothers, sisters, mother-in-law, father-in-law, daughter- in-law, son-in-law, brother-in-law, and sister-in-law. Sick leave shall be taken and charged in at least one-half (J) day increments. Section 2 - Transfer of Sick Leave Upon request, the Personnel Office shall inform all newly elected employees of the amount of transferred sick leave. The amount of transferred sick leave shall be included with accumulated sick leave on an employee's paycheck stub as soon as administratively possible. Section 3 - Notification of Accumulation Each employee shall be given a written accounting of accumulated sick leave days on each regular paycheck stub. -18- lection 4 - Sick Leave Bank The Board and the Association agree to establish a sick leave bank in accordance with applicable state law and provisions as stated in Appendix G. ARTICLE XIII - TEMPORARY LEAVES OF ABSENCE Section 1 - Personal Each employee shall be granted a total of three (3) days of paid leave per school year employed, non-accumulative, for personal leave. Personal leave may be used for personal reasons and can be taken at the discretion of the employee. An employee shall not be required to give reasons for the use of any personal leave. An employee planning to take personal leave shall request approval from his immediate supervisor at least one (1) working day in advance of his absence, except when conditions beyond the control of the employee do not permit such advance request. If one (1) working day advance request is not possible, the employee shall request approval as soon as possible. The approval of the Superintendent, his designee, or the Board shall be required under the following conditions: (1) If more than ten percent (10%) of the teachers in any given school request its use on the same day provided, however, on making this calculation any major fraction shall be considered as one (1); and in schools of five (5) teachers or less, one (1) teacher may take personal leave at his discretion; (2) If personal leave is requested during any prior established student examination period; or (3) If personal leave is requested on the day immediately preced­ ing or following a holiday or vacation period. Personal leave shall be taken and charged in at least one-half (1/2) day increments. Section 2 - Professional Additional paid professional leave beyond that provided in section one (1) of this Article may be granted, upon request, by the Superintendent or his designee. Professional leave shall be used for activities which will benefit the educational program of the school district. An employee planning to take professional leave shall request approval from his immediate supervisor at least five (5) working days in advance of his absence. Professional leave shall be taken and charged in at least one-half (j) day increments. -19- Section 3 - Religious An employee whose religious affiliation requires the observance of a regularly scheduled religious service during an employee's scheduled workday shall be granted paid leave for a maximum of two (2) days annually non-accumulative for such services. However, this leave shall not be interpreted to include wedding ceremonies. The employee's immediate supervisor shall grant religious leave upon request, provided that the leave is requested at least one (1) working day in advance of the anticipated absence. Religious leave shall be taken and charged in at least one-half (1/2) day increments. Section 4 - Jury and Legal An employee called for jury duty or subpoenaed as a witness in court or required by the Board to appear in a court related proceeding during the workday shall suffer no loss in pay or leave days. Any fees or remunera­ tion the employee receives during such leave shall be turned over to the Hamilton County School System. Section 5 - Emergency An immediate supervisor shall grant an employee paid emergency leave during the workday for a maximum of three (3) hours. Such leave shall be for a sudden, unexpected occurrence demanding immediate attention. Leave beyond three (3) hours shall be taken as personal leave, sick leave or leave without pay. ARTICLE XIV - EXTENDED LEAVES OF ABSENCE Section 1 - Parental (a) An employee shall be granted an unpaid leave of absence for a maximum of twelve (12) months for the purposes of child bearing and for the child care aspects associated with a newborn infant. However, the employee shall be allowed to use all or a portion of her accumulated sick leave for maternity leave purposes during the period of her physical disability only, as determined by a physician; provided that the teacher requests, in writing, to utilize accumulated sick leave and her physician provides written certification of her disability. (b) An employee shall be granted an unpaid leave of absence for a maximum of twelve (12) months when legally adopting an infant. (c) An employee shall be granted an unpaid leave of absence for a maximum of twelve (12) months for child rearing purposes. However, child rearing leave shall be granted only for an employee's natural or legally adopted child, who is unmarried and living in the employee's household and who requires an exceptional amount of attention or care. -20- Section 2 - Military An employee conscripted for service in any branch of the United States Military shall be granted an unpaid leave of absence for the period of time required by the United States Government. Section 3 - Public Office An employee elected to a public office shall be granted an unpaid leave of absence for the period of time that is required by the elected office. Section 4 - Educational Improvements An employee may be granted an unpaid leave of absence for a maximum of twelve (12) months for the purpose of engaging in a program of studies related to his professional responsibilities at an accredited institu­ tion of higher education. Section 5 - Recuperation of Health An employee shall be granted an unpaid leave of absence for a maximum of twelve (12) calendar months for health recuperation purposes. The Board reserves the right to request a physician's statement certifying that said leave is needed. Section 6 - Association President The Board may grant the Association President, upon request, an unpaid leave of absence for a maximum of twelve (12) months for the purpose of serving as association president. Section 7 - Other Sufficient Reasons An employee may be granted an unpaid leave of absence for a maximum of twelve (12) months for reasons other than those cited in sections one (1) through six (6) of this Article. Section 8 - Requesting Extended Leave An employee desiring to utilize an extended unpaid leave under this Article shall file a written request on the specified form with the Personnel Department at least thirty (30) calendar days in advance of the anticipated starting date of the leave. The Board may waive or reduce the thirty (30) day notice. Section 9 - Requesting Extensions of Leave An employee already on Board-approved parental leave, educational improvement leave, recuperation of health leave or other sufficient reason leave as stated in this article may request extensions of the original leave for a maximum of twelve (12) months. -21- Section 10 - Conditions of Leave The following conditions shall apply to an employee on Board-approved extended unpaid leave of absence: (a) Experience for salary rating purposes shall not accrue, except for military leave. A maximum of five (5) years experience shall be granted for military leave. (b) Sick leave days shall not accrue, but all accumulated sick leave days shall be reinstated upon return to service. (c) The Board's contribution toward all fringe benefits will be terminated; however, the employee may continue insurance coverage by making full payment of all premiums due. (d) The employee shall suffer no loss in the number of years of teaching experience previously established in Hamilton County. (e) An employee on Board approved leave for twelve (12) months or less shall return to the same position held before the leave. If the Board-approved leave exceeds twelve (12) months, the employee shall be placed in the same or a comparable position upon return from leave. ARTICLE XV - SABBATICAL LEAVE Section 1 - Length of Leave Upon written request the Board may grant sabbatical leave to an employee for a maximum of one (1) calendar year in order to pursue a program of studies at an accredited institution of higher education which will benefit the Hamilton County School System. Section 2 - Provisions of Leave The following provisions shall govern sabbatical leave: a. To be eligible for sabbatical leave an employee must have completed at least seven (7) consecutive years of service in the Hamilton County School System prior to starting the leave and must have received a Master's Degree prior to starting the leave. b. An employee on sabbatical leave shall be paid one-half (1/2) of the regular salary received at the time the leave commences. c. All requests for sabbatical leave shall be submitted to the Board by January fifteenth (15) of the calendar year for which the leave would commence. d. Any employee who takes a sabbatical leave under the terms of this Article shall return to the Hamilton County School System for three (3) years of employment or refund to the Board all money received from the Board while on leave, on a pro-rated basis. -22- ARTICLE XVI - EMPLOYEE LOCAL EVALUATION Section 1 - Applicability of Provisions The provisions of this Article are applicable only to those portions of the evaluation which are Board-controlled and Board-initiated. According to Article XXI - Legal Savings, the Board and the Association agree to negotiate the implementation of any substantial state-mandated changes in the evaluation procedure before revising current practices in the local evaluation process. Section 2 - Notification During the first six (6) weeks of school, each employee to be evaluated that year shall be informed of the local evaluation procedures, criteria, and instruments to be used during that school year, and of the evaluator(s) responsibility for his/her evaluation. An employee undergoing evaluation shall be given notification of the process at least two weeks prior to the first observation. Section 3 - Evaluation (a) Evaluation shall be conducted only by the principal. Only trained personnel shall conduct formal observations and serve as evaluation team members. (b) Evaluations shall be based on personal observations and other documented evidence which shall be stated in the written evaluation. Classroom observations are to be at least forty-five (45) minutes in length, or one class period, whichever is longer. (c) Non-tenured employees shall be observed for the purpose of evaluation at least three (3) times during the school year. These observations shall occur prior to March 15 each year. (d) An administrator shall be evaluated at least two (2) times each five (5) years by his/her supervisor. (e) Tenured teachers shall be evaluated at least two (2) times each five (5) years. Section 4 - Conferences and Reports (a) A copy of each formal written evaluation shall be given to the employee, and a conference shall be held between employee and the evaluator to discuss the formal written evaluation within twenty-one (21) school days following the final classroom observation. (b) Both parties shall sign the written evaluation, and a copy signed by both parties shall be given to the employee. It is understood that the employee's signature does not necessarily mean agreement with the evaluation, but rather awareness of the content. -23- (c) If an employee feels that his evaluation is incomplete or unjust, he may put his objections in writing and have them attached to all copies of the evaluation form. (d) The observer will include pre- and post-conferences in each formal observation of the employee. A post-conference will be held within three (3) working days after any classroom observation. (e) A written report concerning an employee's evaluation or competency shall not be placed in the employee's file, without a prior conference between the employee and his supervisor. The employee may attach written comments to such material. Section 5 - Assistance Procedure Written positive assistance shall be provided to employees within seven (7) working days upon recognition of "areas of deficiencies." For the purpose of this article the term "areas of deficiencies" shall apply to any observed deficiencies relating to job performance. Section 6 - Evaluation Committee An Evaluation Committee composed of four members selected by the Superin­ tendent and four members selected by the Association, one (1) of which is to be a principal, shall be established to review the evaluation process and recommend changes if needed. Such recommendations shall be submitted to the Board. The Committee shall elect its own Chairman and shall meet at least twice during the school year. ARTICLE XVII - PERSONNEL FILES Section 1 - Content Guidelines The Board shall not establish any separate personnel file which is not available for the employee's inspection. Anonymous materials shall not be maintained in an employee's personnel file. Section 2 - Maintenance of Files An employee shall be given a copy of any written letter of reprimand placed in the employee's personnel file by a supervisor at the time it is placed in the file. The employee also shall be given a copy of any letter of criticism placed in the employee's file, which is directed to the immediate supervisor, the Superintendent, or the Board concerning said employee's performance. An employee shall be given the opportunity to rebut any letter of reprimand or criticism placed in the employee's file by attaching his own statement to the letter of reprimand or criticism within ten (10) working days of its placement in the file. The employee may add additional statement(s) later if new information related to the incident is developed. -24- The Superintendent will designate those administrative personnel who shall have access to the' files of those employees under their direct supervision. A log (name and date) shall be maintained for others who review the files. Such log shall be available for examination by the employee. A former employee shall receive immediate written notification in the event that documents other than routine, clerical ones are placed in his personnel file after severance, effective date of a letter of resigna­ tion, or the date on which a notice of non-renewal has been written to the employee. The Personnel Office shall provide said notice to the last address on file for the former employee. Section 3 - Access to Files An employee shall have the right, with prior appointment, to review the contents of his personnel file and to reproduce any documents contained therein. However, unless unusual circumstances exist, review of the file shall be granted within two(2) work days of the request. The employee shall have the right to have an Association representative accompany him during such a review. The Board shall release to credit agencies only the present employment of an employee and his length of service in the system. Additional salary and personnel information shall be released only upon written authorization from the employee. The Board shall verify to another school district or employer an employee’s work experience in the system. Materials may be permanently removed from the employee's file only with the prior notification of the employee. If the employee objects to the removal of said materials, he may place a written statement of his objections in his file. The Personnel Office, upon authorization from the Superintendent, shall provide properly identified law enforcement personnel with an employee's address, work location, and dates of employment. Information in addition to this shall be released only upon presentation of an appro­ priate court order. All personnel file reviews shall be conducted in the presence of the Personnel Officer or his designee. Section 4 - Use of Files In the event that the School Board is to take disciplinary action against an employee based on material in the personnel file, the employee shall normally be given at least three (3) work days notice prior to the Board meeting concerning the material in the personnel file upon which the action is to be based. The School Board shall not take action against an employee based on material which is contained in an employee's personnel file unless the material had been placed in the file within a reasonable time after the incident became known to the employee's supervisor(s). -25- Section 5 - Notification of Removal Any notification in the file relating to the permanent removal of material from the file shall also be removed. Such notations shall not be recorded in the future. ARTICLE XVIII - STUDENT DISCIPLINE PROCEDURES Section 1 - Board and Association Responsibility The Board recognizes its responsibility to maintain and approve student discipline procedures. The Association agrees to assist the Board in the development of student discipline procedures. Therefore, a Student Discipline Committee, consisting of four (4) members selected by the Superintendent and four (4) members selected by the Association, shall develop recommended procedures related to student discipline. These recommendations shall be forwarded to the Board for consideration. The Discipline Committee shall meet at least twice during the school year. A copy of the student discipline procedures, recommended by the Committee and approved by the Board, shall be distributed to each school. Section 2 - Local School Discipline Procedures The local school administrator shall have the overall responsibility for student discipline in the building(s) and on the school grounds. Section 3 - Classroom Discipline Procedures Maintenance of proper student behavior is primarily the responsibility of the classroom teacher; however, in those exceptional situations where a teacher is experiencing difficulty in maintaining suitable student discipline, the teacher may temporarily remove a student from the class by referring him to the designated administrator. In such cases the teacher shall furnish the administrator with the full particulars pertaining to the referral as soon as his teaching obligations allow. Each referral shall be treated individually and without precedent according to the administrator's judgment. ARTICLE XIX - GRIEVANCE PROCEDURE Section 1 - Definitions A. Grievance shall mean an allegation by an employee!s) that a specific section!s) of this Memorandum of Agreement has been violated, misinterpreted or misapplied and that such viola­ tion, misinterpretation or misapplication has resulted in a personal loss or inequitable treatment of the employee!s). B. The term "days" shall mean any day, Monday through Friday, on which schools are open during the normal school year. The first day to be counted shall begin at 8:00 a.m. the day following the day on which the time limits are based. After the last day of the normal school year, a "day" shall be Monday through Friday, excluding holidays. -26- C. Class grievance shall mean a grievance affecting more than one employee. Section 2 - Levels A. Informal Level The parties hereto acknowledge that it is usually most desir­ able for an employee and his immediately involved supervisor to resolve problems through free and informal communications. Therefore, an employee who has a grievance shall meet with and discuss the grievance first with his immediate supervisor, in an attempt to resolve the matter informally. When the employee requests such a meeting, the employee shall inform his immediate supervisor that the meeting constitutes the informal level of the grievance procedure. Immediately upon the conclusion of the meeting the employee and immediate supervisor shall complete the Informal Level Grievance Form, Appendix E. The immediate supervisor will forward a copy of this form to the President of the Association at this time. B. Formal Levels Level 1 - Immediate Supervisor If the matter is not resolved to the satisfaction of the employee at the informal level, within five (5) days of the informal discussion he shall set forth his grievance in writing to the immediate supervisor on the Grievance Form. The immediate supervisor shall arrange for a meeting to take place with the grievant to discuss the grievance within five (5) days of receipt of the griev­ ance . The immediate supervisor shall communicate his decision, with reasons, to the grievant and Association in writing within five (5) days of the grievance meeting. Level 2 - Superintendent The employee, no later than five (5) days after receipt of the immediate supervisor's decision, may appeal the decision to the Superintendent or his designee. The appeal to the Superintendent must be made in writing on the Grievance Form. The Superintendent or his designee shall arrange for a meeting to take place with the grievant to discuss the grievance within ten (10) days of receipt of the grievance. The Superintendent shall within seven (7) days of the grievance meeting communicate his decision, with reasons, in writing to the employee, the immediate supervisor, and the Association. -27- Level 3 - Grievance Mediation Panel If the grievance is not resolved to the employee's satisfaction by the Superintendent, he, no later than five (5) days after receipt of the Superintendent’s decision, may request a review by a Mediation Panel or he may go on to Level 4 - School Board. The Mediation Panel shall consist of two employees chosen by the Board and two employees chosen by the Association. The Mediation Panel shall meet within ten (10) days of the receipt of the request by the Superintendent and the President of the Association. This panel shall hear the grievance and shall explore various ways in order to resolve the grievance to the employee's satisfaction. The employee shall have ten (10) days after the conclusion of the mediation session(s) to appeal the grievance to Level 4 - School Board. Level 4 - School Board If the grievance is not resolved to the employee's satisfaction by the Superintendent, he, no later than seven (7) days after receipt of the Superintendent's or mediation panel's decision, may request a review by the School Board. The request shall be submitted in writing on the Grievance Form through the Superintendent of Schools, who shall attach all related documents and forward the request to the Board. The Board shall review the grievance. The review shall consist of a (1) written statement submitted by both parties to the Board prior to the Board meeting, (2) a presentation, not to exceed 10 minutes, by both representatives at the Board meeting and (3) Board questions and/or discussion regarding the grievance. A final and binding decision shall be ren­ dered within thirty (30) days of receipt of the grievance at level four (4) by the Superintendent. Copies of the decision shall be provided to the grievant, the Superin­ tendent, the immediate supervisor involved, and the Association. Section 3 - Advanced Step Filing A. In the event that the immediate supervisor of an employee is the Superintendent of Schools, the first formal level shall be the Superintendent level. B. The first formal level for class grievances which involve employees from two (2) or more locations shall be the Superin­ tendent's level. Section 4 - Provisions Governing the Grievance Procedure A. A grievant may, at his option, be represented by an Associa­ tion representative at all formal levels of the procedure. The individual hearing the grievance may, at his option, have a representative present during the formal levels. An -28- employee who requests an Association representative shall not be required to discuss any grievance in the absence of the Association representative. B. Any resolution of a grievance shall not be inconsistent with the terms of this Agreement. C. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel files of the participants and shall not be forwarded to any prospective employer of the grievant or alluded to in any communications between the administration and the prospec­ tive employer. D. No reprisals shall be taken by the Board, Administration, or Association against an employee because of his participation in a grievance. E. If the Board requires that an employee be away from his assignment due to the processing of a grievance, the employee shall suffer no loss of pay or benefits. F. It is understood that the grievant shall, during the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Board until such grievance and any effect thereof have been fully determined. G. A grievance may be withdrawn at any level without establishing precedent. H. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next level. Failure at any level of this procedure to appeal a grievance to the next level within the specified time limits shall result in the grievance being considered void. I. Notices of hearing dates, acknowledgements of the date of receipt of grievances, and decisions rendered must be in writing. J. For all grievances at level two (2) or three (3), grievance notices, or decisions shall be sent by certified mail. K. A grievance, to be considered under this procedure, must be properly initiated by the employee within twenty (20) days from the time the employee knew of the incident or should have known of the incident which caused the grievance. L. All formal grievance(s) must be submitted on the Grievance Form, Appendix F. H. The time limits prescribed in this procedure may be extended by written mutual consent. -29- N. Withdrawal of a grievance at any level shall not indicate acceptance of the decision at that level. Section 5 - Contract Administration Committee The Board and Association agree to establish a Contract Administration Committee. Such committee shall be composed of the Director of Employee Relations and not more than four (4) employees selected by the Associa­ tion. This committee shall meet at the request of either party, but not more often than once a month. The function of this committee shall be to discuss problems related to the implementation and administration of this Memorandum of Agreement. ARTICLE XX - EMPLOYEE RELATIONS Section 1 - Procedures The purpose of this article is to provide a procedure for progressive, positive remediation for an employee's behavior which is unacceptable. If a supervisor should determine that an employee is to receive a warning, an oral reprimand or a written reprimand, the following procedures shall be followed. A supervisor shall have the discretion, depending on the severity of the problem, to omit Step A or Steps A and B. A. Warning - The supervisor and employee shall meet and discuss the problem. The supervisor shall specify a time period in which the problem is to be corrected. The two individuals shall jointly sign a statement indicating that such a meeting occurred and the date of the meeting. Such statement shall not be placed in the employee's personnel file. B. Oral Reprimand - The supervisor shall (1) meet with the employee, (2) permit the employee to explain his point of view, (3) discuss the problem and (4) state the corrective action to be taken, if any. The two individuals shall jointly sign a statement indicating that such a meeting occurred and the date of the meeting. Such statement shall not be placed in the employee's personnel file. C. Written Reprimand - The supervisor shall meet with the employee and state in writing (1) the rule violated, (2) the corrective action to be taken and (3) the consequences of further violations. The supervisor and employee shall sign and date the written reprimand. D. If a decision is made to place a copy of the written reprimand in the employee's personnel file, the employee shall have the right to submit a written answer to the reprimand and his answer shall be attached to all copies of the reprimand. E. Both the supervisor and employee shall be entitled to have a representative present at the oral reprimand and written reprimand meeting. -30- F. If the employee feels any action taken in this article is without cause, he may file a grievance at that step, of Article XIX Grievance Procedure which is one step above his immediate supervisor's level. G. At the conclusion of any meeting held in accordance with this section, the supervisor and employee shall sign and date the document shown in Appendix J. Section 2 - Complaints Any complaint regarding an employee made to any member of the admini­ stration by a parent, student or other person, which may be used in any manner when evaluating an employee's performance shall be promptly investigated. The employee shall be given an opportunity to respond and meet with the person making the complaint in order that he may rebut the complaint. If the person making the complaint refuses to participate in this procedure and no additional documented evidence supports the allegation, no references to the complaint shall be placed in the employee's file. If a statement is to be placed in the personnel file, the employee shall acknowledge that he had the opportunity to review such complaint by affixing his signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The employee shall also have the right to submit a written answer to such material and his answer shall be reviewed by the Superintendent or his designee and attached to all copies. ARTICLE XXI - LEGAL SAVINGS In the event that any provisions) of this Memorandum of Agreement shall, at any time, be found to be contrary to law by a court of compe­ tent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision(s) shall be void and inoperative to the extent that it violates the law; however, all other provision(s) of this Memorandum of Agreement shall continue in effect. If such legal action should occur, the parties shall, within 15 calendar days, enter into negotiations for the purpose of developing a replace­ ment provision(s). ARTICLE XXII - PRINTING AND DISTRIBUTION Copies of the entire Memorandum of Agreement shall be printed annually and distributed to all employees within thirty (30) days of ratification. The Board shall furnish 100 additional copies to the Association for its use. -31- ARTICLE XXIII - DURATION Section 1 - Effective Dates of Agreement The provisions of this Memorandum of Agreement will be effective as of ■July 1, 1988, and remain in full force and effect until June 30 1991 . or until a successor agreement has been ratified. Section 2 - Negotiation Procedures No later than March first (1) of the calendar year in which this Memorandum of Agreement is to expire, either party shall submit to the other written notice of its intent to negotiate a successor agreement. No later than March 15, the parties shall meet at a mutually convenient time and place and the party giving such notice shall submit all pro­ posed modifications to the other party. Ground rules for negotiations shall also be discussed at this meeting. Subsequent meetings, concerned with the negotiation of a successor agreement, shall commence by April 15. Section 3 - Reopening of Negotiations During the third year of this agreement (1990-91), the parties agree that Article VI - Salary, Supplemental Pay, Travel Allowance and Retirement Pay and Article VII - Insurance, shall be reopened for negotiations and further agree that either party may propose three additional articles for negotiations. Negotiations shall be reopened in accordance with Section 2 of this Article. Section 4 - Commitments of the Parties The Board and the Association agree that this Memorandum of Agreement constitutes the full and complete commitments between the two parties. Further, the Board and Association agree that this Memorandum of Agree­ ment shall not be altered, changed, added to, deleted from, or modified in any way except as provided for within the confines of this Memorandum of Agreement. Section 5 Signed and entered into this 3 day of i ... 1912.. For the Board For the Association II. QUrJl Chairman, ton County President, Hamilton County School Bo Education Association Superinntteernrdoent of Schools, Secrerarra, Hamilton Coimfty Hamilton County Education Association Chief Negotiator,"Hamilton County School Board Education Association -32- APPENDIX A DUES DEDUCTION AUTHORIZATION FORM (This is only for individuals who were not members last year. If y°u had payroll deduction last year, your deduction will be automatically continued.) Print: Name (Last/First) Work Location Position Social Security Number Total Amount to be Deducted I hereby authorize the Hamilton County School Board to deduct from my salary the professional dues, in the amount listed above, beginning with the last paycheck in October and continuing thereafter for eleven (11) consecutive paychecks. In accordance with Article V, Section 4, of the Memorandum of Agreement, this authorization shall continue in effect from year-to-year, unless revoked in writing to the Finance Office of the Hamilton County Department of Education and the Hamilton County Education Association by September 1 of any school year. Date Signature -33- APPENDIX B HAMILTON COUNTY DEPARTMENT OF EDUCATION Chattanooga, Tennessee TEACHERS' SALARY SCALE 1989-90 10 MONTHS (201 DAYS) BACHELOR'S DEGREE MASTER'S DEGREE Years Years Exp. Exp. In County State TOTAL In County State Co.* Index Scale TOTALScale SALARY Co.* Index Scale Scale SALARY 0 1.00 2495 16480 a18975+458 0 1.15 4086 17735 a21821+141 1 1.03 2354 17190 ai9544+599 1 1.18 3926 18465 a22391+301 2 1.06 2924 17190 a20114+179 2 1.21 4495 18465 22960 3 1.09 3493 17190 a20683+24 3 1.24 5064 18465 23529 4 1.12 3932 17320 21252 4 1.27 5458 18640 24098 5 1.15 4306 17515 21821 5 1.30 5803 18865 24668 6 1.18 4666 17725 22391 6 1.33 6147 19090 25237 7 1.21 5030 17930 22960 7 1.36 6481 19325 25806 8 1.24 5409 18120 23529 8 1.39 6820 19555 26375 9 1.27 5783 18315 24098 9 1.42 7174 19770 26944 10 1.30 6148 18520 24668 10 1.45 7519 19995 27514 11 1.33 6502 18735 25237 11 1.48 7863 20220 28083 12 1.36 6866 18940 25806 12 1.51 8217 20435 28652 13 1.39 7235 19140 26375 13 1.54 8557 20665 29222 14 1.42 7600 19345 26945 14 1.57 8886 20905 29791 15 1.48 8528 19555 28083 15 1.63 9799 21130 30929 20 1.52 9287 19555 28842 20 1.67 10558 21130 31688 25 1.56 10046 19555 29601 25 1.71 11317 21130 32447 •Including experience approved by the State Department of Education. aTotal salary includes amount in total salary column and amount after the plus sign. The base salary for this scale is $18975. -34- APPENDIX B - Continued TEACHERS’ SALARY SCALE M.A. Degree Plus 45 Qtr. Hrs. Ed. S. Degree Years Years Exp. Exp. In County State TOTAL In County State TOTAL Co.* Index Scale Scale SALARY Co.* Index Scale Scale SALARY 0 1.18 3410 18980 a22390+77 0 1.21 3635 19325 a22960+13 1 1.21 3250 19710 ®22960+237 1 1.24 3474 20055 a23529+174 2 1.24 3819 19710 23529 2 1.27 4043 20055 24098 3 1.27 4388 19710 24098 3 1.30 4613 20055 24668 4 1.30 4798 19870 24668 4 1.33 5017 20220 25237 5 1.33 5132 20105 25237 5 1.36 5371 20435 25806 6 1.36 5476 20330 25806 6 1.39 5710 20665 26375 7 1.39 5820 20555 26375 7 1.42 6039 20905 26944 8 1.42 6174 20770 26944 8 1.45 6384 21130 27514 9 1.45 6514 21000 27514 9 1.48 6728 21355 28083 10 1.48 6848 21235 28083 10 1.51 7077 21575 28652 11 1.51 7187 21465 28652 11 1.54 7432 21790 29222 12 1.54 7547 21675 29222 12 1.57 7756 22035 29791 13 1.57 7871 21920 29791 13 1.60 8110 22250 30360 14 1.60 8235 22125 30360 14 1.63 8444 22485 30929 15 1.66 9148 22350 31498 15 1.69 9363 22705 32068 20 1.70 9908 22350 32258 20 1.73 10122 22705 32827 25 1.74 10666 22350 33016 25 1.77 10881 22705 33586 -35- APPENDIX B - Continued TEACHERS' SALARY SCALE DOCTOR'S DEGREE Years Experience County State Total *in County Index Scale Scale Salary 0 1.30 4113 20555 24668 1 1.33 3967 21270 25237 2 1.36 4536 21270 25806 3 1.39 5105 21270 26375 4 1.42 5479 21465 26944 5 1.45 5839 21675 27514 6 1.48 6173 21910 28083 7 1.51 6527 22125 28652 8 1.54 6872 22350 29222 9 1.57 7206 22585 29791 10 1.60 7555 22805 30360 11 1.63 7904 23025 30929 12 1.66 8238 23260 31498 13 1.69 8568 23500 32068 14 1.72 8932 23705 32637 15 1.78 9836 23940 33776 20 1.82 10594 23940 34534 25 1.86 11354 23940 35294 -36- APPENDIX C HAMILTON COUNTY PUBLIC SCHOOLS Chattanooga, Tennessee ADMINISTRATOR SALARY SCALE FOR PRINCIPALS, ASSOCIATE PRINCIPALS, ASSISTANT PRINCIPALS, VOCATIONAL SCHOOL PRINCIPALS AND ASSISTANT PRINCIPALS, TRAINEES, AND CENTRAL OFFICE ADMINISTRATORS 1989-90 Add $200 to each local step of the Teachers' Salary Scale (Appendix B). ADMINISTRATIVE SALARY SCALE I. PRINCIPALS, ASSOCIATE PRINCIPALS, ASSISTANT PRINCIPALS, AND TRAINEES A. The salary for principals, associate principals, assistant principals and vocational school principals and assistant principals shall be determined in the following manner: 1. All schools shall be designated as either a Class I school or a Class II school, based on the average daily attendance (ADA) for the current school year as determined at the end of the second month, except that a decrease from Class II to Class I shall be delayed by one school year. Class I = 0-500 Class II = 501+ 2. The salary shown at the appropriate step of the adminis­ trator salary scale is multiplied by the following appropriate index: PRINCIPAL Elementary Class I - 1.386 Class II - 1.417 Junior High Class I - 1.473 Class II - 1.504 Senior High Class I - 1.561 Class II - 1.593 -37- ASSISTANT PRINCIPAL Elementary Class I - 1.193 Class II - 1.224 Junior High Class I - 1.27 Class II - 1.30 Senior High Class I - 1.35 Class II - 1.38 ASSOCIATE PRINCIPAL The index for all current Associate Principals of a Class II High School shall be 1.487. The index for an employee assuming this position after July 1, 1987, shall be 1.41. 3. The following amount for experience as sin administrator in Hamilton County Schools shall be granted: 1 2 years add - $ 730 3 4 years add - $ 920 5 6 years add - $1230 7 8 years add - $1550 9 10 years add - $1860 11 14 years add - $2180 15+ years add - $2490 4. The total salary for a principal, associate principal, or assistant principal shall be the sum of steps two (2) and three (3). B. The salary for a vocational school assistant principal shall be determined by multiplying the appropriate step of the administrator salary schedule by 1.10. C. Principal Trainee's salary shall be 1.15 multiplied by appropriate step of Teacher Salary Scale. II. CENTRAL OFFICE ADMINISTRATORS A. The salary for all system-wide, twelve-month Central Office Administrators/Supervisors, below the Director level, shall be determined as follows: 1. The salary shown at the appropriate step of the Administrator's salary schedule is to be multiplied by 1.35. -38- 2. The following amounts for experience as an Administrator/- Supervisor in the Hamilton County School System shall be granted: a. 1-2 years, add $ 365 b. 3-4 years, add $ 460 c. 5-6 years, add $ 615 d. 7-8 years, add $ 775 e. 9-10 years, add $ 930 f. 11-14 years, add $1090 g. 15 plus years, add $1245 3. The total salary shall be the sum of Steps 1 and 2. B. The annual salary for Directors and Assistant Superintendents shall be determined by the School Board upon the recommenda­ tion of the Superintendent. For the 1989-90 school year, the following rules shall be in effect: 1. If any salary calculated with the procedure in Part A above is less than the 1988-89 salary, the 1988-89 salary shall be the salary for 1989-90. 2. The percentage salary increase to be granted to any individual by the procedure in Part A above shall not exceed the average percentage increase for teachers for 1989-90, which shall be defined as the total percentage increase for a teacher at BA-12 in 1988-89 moving to a BA-13 in 1989-90. VACATION SCHEDULE FOR TWELVE-HONTH EMPLOYEES All twelve-month employees shall annually receive paid vacation accord­ ing to the following schedule. Experience shall mean experience in the Hamilton County School System. Experience Vacation Earned 0 - 1 0 Years 12 Days 11 - 20 Years 17 Days 21 and above Years 20 Days There shall be no limit on the number of vacation days that an employee can accumulate. Upon retirement the employees shall be reimbursed at his/her daily rate for all unused vacation days. -39- APPENDIX D SUPPLEMENTAL PAY SCHEDULE The supplemental pay i a percentage of the teacher's annual salary. The following percentage i granted for each of the positions listed. Junior High and High School Middle School Football Head .20 .11 Assistant .15 .07 Basketball Head .15 .09 Assistant .08 .04 Baseball Head .10 .03 Assistant .05 .02 Softball Head . 10 .03 Assistant .05 .02 Track Head .10 .03 Assistant -05 .02 Wrestling Head .10 .04 Assistant .05 .03 Soccer Head .10 .04 Assistant .05 .03 Sw imminq .02 Golf .02 .02 Skeet .02 Cross Country .02 .02 Tennis .02 .02 Volleyball .05 .02 Intramural Head .06 Assistant .04 Band Director .08 .04 Athletic Director .05 Cheerleader Sponsor .03 .02 Choral Director .03 Forensics Coach .03 .03 -40- APPENDIX D - Continued PROVISIONS GOVERNING THE SALARY SUPPLEMENT SCHEDULE Senior High Schools 1 A teacher's total compensation (regular salary plus extra-curric­ ular supplements) shall not equal or exceed the salary of the principal of the school to which the teacher is assigned. Nor shall the total extra-curricular supplement exceed thirty percent (30%) of the teacher's regular salary. 2 All athletic practices will be held after the regular teacher workday except in the event of an unavoidable conflict in the utilization of needed facilities. 3 An athletic season must be at least ten (10) weeks in length to qualify for a supplement. 4 The total compensation (regular salary plus extra-curricular supplements) for football coaches will be paid in twenty-two (22) payments. 5 If the school principal and the appropriate director determine that athletic practices must be confined entirely to the regular teacher workday the following reductions in the stated supplement shall occur: A. Football .03 B. Basketball - .03 C. Baseball .02 D. Track .02 E. Wrestling .02 F. Softball .02 G. Volleyball - .01 6 High schools with a ninth (9) grade may have one coach for each of the junior high sports at a junior high school head coach supple­ ment . Junior High and Middle Schools 1 A teacher's total compensation (regular salary plus extra-curricu­ lar supplements) shall not equal or exceed the salary of the principal of the school to which the teacher is assigned nor shall the total extra-curricular supplement exceed twenty-five percent (25%) of the teacher's regular salary. The total compensation (regular salary plus extra-curricular supplements) for football coaches shall be paid in twenty (20) payments. -41- APPENDIX D - Continued 3. All athletic practices will be held before or after the regular teacher workday with the exception of one basketball team and the volleyball team(s) in each school. The stated supplements for the basketball coaches will be reduced by .02 in the junior high schools and .01 in the middle schools, if practices are confined entirely to the teacher's workday. The volleyball coach's supple­ ment will be reduced by .01 at the middle school and at the junior high school if practices are confined entirely to the teacher's workday. 4. A season must include scheduled competition with other teams on at least five (5) occasions in order to qualify for the coaching supplement. The maximum number of contests will be determined by the appropriate director. -42- APPENDIX E INFORMAL LEVEL GRIEVANCE FORM The undersigned hereby agree that on _______________________ a date meeting was held in accordance with Article XIX, Grievance Proce­ dure, Section 2-A, of the current Memorandum of Agreement. Immediate Supervisor Employee (1 copy to the employee and 1 copy to the immediate supervisor) -43- APPENDIX F GRIEVANCE FORM Case Number Grievant's Name________________________________________________________ Work location _________________________________ Assignment_____________ Date of alleged violation______________________________________________ Article(s) and section(s) alleged to have been violated________________ Specific statement of grievance Reason(s) for dissatisfaction with immediate supervisor's/Superintendent's decision Grievant's signature Date Date received by Administrator/Board Administrator's/Board's decision Signature Position Date (1 copy to the grievant, 1 copy to the immediate supervisor, 1 copy to the Director of Employee Relations and 1 copy to the Association President) -44- APPENDIX G HAMILTON COUNTY SCHOOL BOARD HAMILTON COUNTY EDUCATION ASSOCIATION SICK LEAVE BANK I . PURPOSE The purpose of the Sick Leave Bank is to provide sick leave to contributors who have suffered an unplanned, personal illness, injury, disability or quarantine and whose paid leave is exhausted. II. ADMINISTRATION The Sick Leave Bank shall be administered by a Committee of Trustees. The Committee shall be composed of five (5) members: two (2) members appointed by the School Board, two (2) members appointed by the Association, and the Superintendent of Schools who shall chair the Committee. Ill. MEMBERSHIP Persons entitled to sick leave under TCA 49-5-710 shall become a member of the Bank by donating one day of accumulated sick leave. IV. RULES 1. A minimum participation of twenty (20) members shall be required to establish the Bank. 2. Any teacher who elects to participate in the Bank shall initially have one (1) day of sick leave deducted from his/her personal accumulation and deposited to the Sick Leave Bank. Teachers electing to participate shall do so only during the months of August, September, or October of any year. Donations of sick leave to the Bank are nonrefundable and nontransferable, unless the Bank is dissolved. 3. If at any time the number of days in the Sick Leave Bank is less than twenty (20), or one (1) per member if there are more than twenty (20) members, or at any time deemed advisable, the Committee shall assess each member one (1) or more days of accumulated sick leave. If a member has no accumulated sick leave at the time of assessment, the first earned days shall be donated as they are accrued by the teacher. 4. By written notice to the Trustees, a member may withdraw from Bank participation effective June 30 next. Membership withdrawal shall result in forfeiture of all days contributed. -45- APPENDIX G - Continued 5. Members of the Sick Leave Bank shall be eligible to make application to the Bank for sick leave only after having been a member of the Bank for thirty (30) calendar days. 6. A participant shall not receive any sick leave from the Bank until after having exhausted all accumulated paid leave, including all paid Board extensions and then only after satisfying a three (3) day waiting period. 7. Leave grants from the Bank, recommended by the Board of Trustees shall be in units of no more than twenty (20) consecutive pay days for the individual applicant. Applicants may submit requests for extensions of such leave grants before their prior grants expire. The maximum number of days any participant may receive in any fiscal year is sixty (60). The maximum number of days any participant may receive as a result of any one or recurring diagnosed illness or accident is ninety (90) days. Days from the Bank may not be utilized for those days when an employee would not receive pay. The Trustees may establish regulations restricting the number of days which may be withdrawn from the Bank by one (1) member on account of one (1) illness, particularly any known illness existing at the time the teacher elected to participate in the Bank. 8. In the event a member is physically or mentally unable to make a request to the Sick Leave Bank for use of sick leave days, a family member or agent may file the request. 9. All requests to utilize days from the bank shall be accompanied by a physician's statement verifying the cause of the illnesses or injury and attesting to the individual's inability to perform assigned duties. Refusal to supply such a statement shall result in the request being denied. 10. Sick leave granted a member from the Bank need not be repaid by the individual except as all members are uniformally assessed. 11. Grants of sick leave from the Sick Leave Bank shall not be made to any member on account of any elective surgery, or illness of any member of the participant's family, or during any period the member is receiving disability benefits from social security or the state or local retirement plan. 12. A member shall lose the right to obtain the benefits of the sick leave bank by: (a) Resignation or termination of employment. (b) Cancellation of participation which is effective on June 30 next. -46- APPENDIX G Continued (c) Refusal to honor such assessment as may be required by the Committee of Trustees. (d) Being on approved leave of absence with the exception of personal illness or disability leave. (e) Retirement 13. All actions of the Trustees shall require three (3) affirmative votes and shall be final and binding. V . PROCEDURES 1. Contributions to the Bank must be made on a Sick Leave Bank Donation Form. 2. The Trustees shall act affirmatively or negatively on all applications within ten (10) calendar days of the application. 3. An applicant may be required to undergo at his/her expense a medical review by a physician approved by the Committee. 4. Any person submitting a request to draw on the Bank must have made his/her proper contribution for the fiscal year in which the request is made. 5. All records of the Sick Leave Bank shall be kept in the Finance Office. The trustees shall inform this office of all applications they approve and the amount of additional leave granted the member. 6. Any days approved by the Trustees but not utilized by an individual shall be returned to the bank. 7. Pay for approved sick leave bank days shall be made on the next regularly scheduled payroll date for that individual. 8. Enrollment in the bank shall be for the current year and subsequent years unless revoked in writing. Such cancellation shall be effective June 30 next. 9. The Trustees of the bank shall be responsible for developing all necessary forms for the implementation and administration of the bank. 10. Each member shall sign an authorization form stating that they are aware of the provisions of the sick leave bank and also relieving the Board, the Association and the individual Trustees from any liability as a result of action taken by the Trustees. -47- APPENDIX H PROCEDURES REQUIRING A SECOND MEDICAL OPINION Breast Surgery Bun ionectomy By-Pass Surgery Cataract Removal Chotecystectomy Hammer Toe Correction Hemorrhoidectomy Hysterectomy Joint Replacement Hip & Knee Laminectomy Meniscectomy Nephrectomy Operations on Prostate (Prostatectomy) Repair of Hernia Submucous Resection Tenosynovectomy Tonsillectomy and/or Adenoidectomy Vein Ligation & Stripping -48- APPENDIX I OUTPATIENT SURGICAL PROCEDURES Excision, benign lesion up to 0.6 cm on trunk, arms or legs Excision, benign lesion 0.7-1.2 cm on trunk, arms or legs Excision, benign lesion 1.3-1.8 cm on trunk, arms or legs Excision, benign lesion up to 0.6 cm on scalp, neck, hands, feet, genitalia Excision, benign lesion 0.7-1.2 cm on scalp, neck, hands, feet, genitalia Excision, benign lesion 1.3-1.8 cm on scalp, neck, hands, feet, genitalia Excision, benign lesion up to 0.6 cm on face, ears, eyelids, nose, lips, or mucous membrane Excision, benign lesion 0.7-1.2 cm on face, ears, eyelids, nose, lips, or mucous membrane - Excision, benign lesion 1.3-1.8 cm on face, ears, eyelids, nose, lips, or muccous membrane Flap revision (plastic surgery, simple) Meloplasty (plastic surgery of the cheek) Split skin graft, trunk, scalp, arms, legs, hands, and/or feet Full thickness graft, free, including direct closure of donor site-trunk Full thickness graft, free, including, direct closure of donor site— scalp, arms, legs Full thickness graft, free, including direct closure of donor site— forehead, cheeks, chin, mouth, neck, axillae, genitalia, hands or feet Full thickness graft, free, including direct closure of donor site— eyelids, nose, ears, and lips Biopsy of breast, needle Excision of cyst, fibroadenoma or other benign tumor, aberrant breast tissue, duct lesion or nipple lesion (not mastectomy)— unilateral Excision of cyst, fibroadenoma or other benign tumor, aberrant breast tissue, duct lesion or nipple lesion (not mastectomy)--bilateral -49- APPENDIX I - Continued Excision lesion of tendon sheath or capsule (e.g. cyst or ganglion) --wrist Excision lesion of tendon sheath or capsule (e.g. cyst or ganglion) — hand or finger Excision of Morton neuroma, single, each Bronchoscopy— diagnostic, rigid or fiberoptic bronchoscope Bronchoscopy— with biopsy Biopsy or excision of lymph node Biopsy or excision of lymph node— deep cervical node Gastroscopy (diagnostic) Gastroduodenoscopy with or without esophagoscopy Gastroduodenoscopy with or without esophagoscopy with biopsy Colonoscopy (by fiberoptic instrument), descending colon Colonoscopy (by fiberoptic instrument), with biopsy Colonoscopy with polypectomy Colonoscopy (by fiberoptic instrument), transverse colon Cystourethroscopy with calibration and/or dilation of urethral stricture Cystourethroscopy with urethral meatotomy, unilateral or bilateral Vasectomy, unilateral or bilateral Dilation and curettage, diagnostic and/or therapeutic (non-obstetrical) Neurolysis and/or transposition, median nerve at carpal tunnel RAS:moa -50- ftPPENDIX J - EMPLOYEE RELATIONS FORM The undersigned agree that a meeting was held on ___________________ in accordance with Article XX. This meeting constituted the ___ warning step, ___ oral reprimand step or ___ written reprimand step of section 1. Supervisor Employee RAS:moa Copies: White - Employee Pink - Supervisor -51- jfiaas__q 5