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ARTICLE V: EMPLOYEE AND
ASSOCIATION RIGHTS
5.1 Bargaining Unit Member
Discipline And Complaints Against Bargaining Unit
Members
5.1.1
Any complaint or series of complaints deemed by
the Board to justify disciplinary action which might
result in placement of materials in a bargaining
unit member's personnel file shall be brought to the
attention of the bargaining unit member as soon as
possible. The Board and the Association agree that
it is most desirable to have complaints against a
bargaining unit member directed to the individual(s)
involved in an attempt to resolve disputes at the
most immediate level. Complaints, like other
concerns, will be processed according to “Procedure
for Resolving Concerns” (see Appendix ).
5.1.2
When deemed appropriate by the building
principal or designated supervisor or requested in
writing by the bargaining unit member, an attempt
will be made to schedule a conference between the
complaining party and the bargaining unit member
involved. Any of the parties may have a
representative of their choosing at the conference.
5.1.3
Any form of discipline shall be for just cause.
No written reprimand will be placed in the
bargaining unit member's permanent file without the
bargaining unit member's knowledge.
5.2 Non-Discrimination
Neither the Board nor the Association shall
discriminate against any bargaining unit member for
reason of race, color, religion, sex, national origin,
ancestry, age, marital status, physical or mental
disability or sexual orientation. Nothing in this
section shall prohibit the District from using marital
status as a factor in determining eligibility for
participation in bargaining unit member benefit
programs.
5.3 Right of Representative
When a bargaining unit member is required to appear
before the administration or the Board concerning a
disciplinary conference in which a written reprimand
will be issued or a conference in which a suspension
with or without pay or dismissal will occur, the
bargaining unit member shall be entitled to have an
Association representative present, if one is requested.
Prior to such a conference, the
administration or Board will inform the bargaining unit
member, in writing, that a conference will be held
concerning a written reprimand, suspension with or
without pay, or a dismissal.
It shall be the responsibility of
the bargaining unit member to obtain a representative.
5.4 Official Personnel File
The superintendent or other designated official
shall maintain the bargaining unit member's official
personnel file. Except as provided in Section 4.16,
material contained in the official personnel file can be
utilized in the suspension or discharge of a bargaining
unit member. This section is inapplicable to action
taken pursuant to Section 24-11 of The Illinois School
Code.
No formal evaluation material shall
be placed in the file unless the bargaining unit member
has had an opportunity to read such material. The
bargaining unit member shall sign the copy to be filed
to acknowledge that the material has been read.
Letters of reprimand and letters of
complaint from parents shall not be placed in the
bargaining unit member's personnel file without
knowledge of the bargaining unit member.
The bargaining unit member shall
have the right to respond to any material contained in
the personnel file, and the response shall become a part
of the file.
The bargaining unit member shall
have the right to review the contents of the personnel
file within two (2) working days and shall have the
right to have a representative of the Association
accompany the review. Privileged information, as defined
by law, shall be specifically exempted from such a
review.
The bargaining unit member may
request and receive one (1) copy of any material
contained in the personnel file except privileged
information. The expense of the copy will be borne by
the bargaining unit member.
5.5 Benefits
The parties agree that any benefits relating to
wages, hours, or conditions of employment as set forth
in the agreement which are enlarged as the result of
enactment of statutes by the General Assembly of
Illinois shall be incorporated into this agreement,
provided, however, that in a similar manner the Board
shall receive the benefit in any agreement if any
benefits as provided in this agreement are diminished by
the enactment of statutes by the General Assembly of
Illinois. This provision applies to those benefits which
have been mandated by the General Assembly of Illinois,
and nothing herein shall require the parties to
incorporate any benefits which have been made optional
by statute.
5.6 Right to Organize
The Board agrees that it will not discriminate
against any member of the bargaining unit with respect
to hours, wages, terms or conditions of employment by
reason of the member's membership in any professional
organization, participation in negotiations, or
participation in any grievance.
5.7 Dues Deductions
The Board shall deduct from each bargaining unit
member's pay the current dues of the Association,
provided that the Board has a member-executed
authorization for continuing dues deduction, the amount
of which shall annually be certified by the Association.
The authorization shall remain in effect from year to
year, except that the bargaining unit member may revoke
it in the authorized manner upon written request. Upon
receipt of any revocation, the Board shall notify the
Association in writing of the same.
All dues deducted by the Board shall
be remitted to the Association no later than ten (10)
working days after such deductions are made.
5.8 Meetings, Notices, and
General Information
(a) The Association is allowed
the use of school buildings for meetings, provided
that such use shall be restricted to reasonable
times and shall not interfere with or interrupt
normal school operations. For general Association
membership meetings, whenever possible, prior notice
shall be given the superintendent or designee a
minimum of three (3) working days in advance of the
meeting. Said notification shall be given on a
Building Usage form.
(b) The Association shall have the right to use
bargaining unit member mailboxes and regular mail
distribution facilities, including the District’s
electronic mail system, for communication with
bargaining unit members.
(c) The Association shall have the right to post
official notices of its activities on a bulletin
board designated by the principal. The principal
shall have the right to direct removal of any item,
but removal shall not occur until after a meeting
between the principal and an Association
representative has been held.
(d) The Association shall have the right to
reasonable use of office equipment and will be
responsible for reimbursing the Board for all
materials and supplies used in the operation of this
equipment.
5.9 Parent/Teacher Conference for
Own Children
A bargaining unit member with a child or children
attending Unit Five schools shall, if the scheduling
allows, have the opportunity to meet with the child's or
children's teacher on the designated parent/teacher
conference day during the member's assigned lunch
period.
5.10 AIDS Notification
If the administration is aware of a student who has
AIDS, they will notify the appropriate bargaining unit
members on a "need to know" basis.
5.11 Curriculum Development
Each bargaining unit member will continue to be
encouraged to provide input through the committee
process into curriculum development. The parties
encourage the use of pilot programs to measure their
impact upon the working conditions of each member of the
bargaining unit. The parties agree that the pilot
programs on the list approved by the parties shall
continue for a period of one school year. A
sub-committee of the parties shall, by May 1 each year,
meet to review whether or not additions or deletions
should be made to the list
5.12 Board Policies
No later than thirty (30) days after the
ratification of this agreement by both parties, the
Board shall provide to the president of the Association
an up-to-date copy of all Board Policies in force at the
time. Any addition to or revision of these policies will
be posted to the Unit 5 website.
5.13 Opening Day Remarks
If an opening day institute is held, the president
of the Association or designee shall be granted a
reasonable amount of speaking time for the purpose of
welcoming the staff. |
