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ARTICLE VI: EMPLOYMENT CONDITIONS
6.1 School Calendar
No less than thirty (30) days prior to the adoption
of the school calendar by the Board, the Board shall
accept input from the Association. The Superintendent
and/or designee(s) will invite the Association to submit
its views and comments on the proposed calendar for the
next year prior to preparing the calendar and will
consider such views and comments in formulating the
recommendations for the employer's decisions, including
such items as: the starting date for the next school
year; the starting, ending, and length of winter break
and spring break. If parent-teacher conferences are
scheduled by the Board at times other than a period of
eight (8) consecutive hours or less between 8:00 a.m.
and 5:00 p.m., the date will be determined by the
Association.
For the duration of the contract the
Board will waive no more than two (2) holidays per
school year.
The official school calendar shall
consist of one hundred eighty-five (185) days (including
five (5) emergency days) or the number prescribed in The
Illinois School Code.
6.2 Teaching Day
The regular work day for each bargaining unit member
shall be eight (8) clock hours or sixty (60) minutes
longer than the pupil day, whichever is shorter. For
high school and middle school bargaining unit members,
the normal sixty (60) minute flex time is reduced to
forty-five (45) minutes due to the length of the pupil
day at those levels. In addition, each bargaining unit
member recognizes that professional responsibilities
extend beyond the classroom and beyond the regular work
day. These responsibilities may include the following:
participation in student and parent conferences;
providing students with guidance, counseling, and
tutorial assistance; attendance and participation in
departmental, building, and intra-system meetings as
scheduled; assistance in the development of curriculum;
supervision of students and student activities.
Each bargaining unit member shall
have the right to select a schedule which provides that
the member shall be present at least fifteen (15)
minutes before the opening session with the balance of
the time spent after the close of the student day or
shall be present at least fifteen (15) minutes after the
close of the student day with the balance of the time
spent before the opening session.
A bargaining unit member may deviate
from the selected schedule of flex time specified above
upon prior notification to the principal. If
building-based or district-wide meetings are held prior
to the start or after the end of the regular school day,
a bargaining unit member may choose to waive the above
specified flex time only at the earliest opportunity to
do so, for example, on the same day or the following
day. This waiver of flex time is not intended to be a
minute-to-minute trade-off for time spent at these
meetings and may not be banked for later use by the
bargaining unit member.
If conditions necessitate adding a
zero hour or a ninth hour to the secondary school day, a
bargaining unit member who teaches one of these class
hours will not be required to be present in the building
for longer than eight (8) consecutive clock hours.
At the elementary level, the
teaching assignment may be shared between two bargaining
unit members. This shall be termed “job sharing.”
Specifics of such shared arrangement, including duties,
responsibilities, and benefits, shall be reduced to
writing and subject to approval by the building
administrator, the assistant superintendent of
operations and the president of the Association.
6.3 Reduction in Force
Dismissal of a tenured bargaining unit member
because of a decision of the Board to decrease the
number of bargaining unit members employed by the Board
or to discontinue some particular type of teaching
service shall be in accordance with Section 24-12 of The
Illinois School Code.
Any bargaining unit member on
continued contractual service, who was removed or
dismissed as a result of a decision of the Board to
decrease the number of bargaining unit members employed
by the Board or to discontinue some type of teaching
service, shall be entitled to fill a vacancy for a
period of two (2) calendar years from June 1 of the year
action was taken, provided such a member is legally
qualified to hold such a position. To be eligible for
recall, the member must provide the Board with
address(es) where such member may be reached. The
bargaining unit member must also notify the Board in
writing within fourteen (14) calendar days of receipt of
certified mailing or seventeen (17) calendar days of
date of mailing, whichever first occurs, of the
acceptance of any vacant position offered to the member
during the recall period. Failure to notify the Board of
acceptance shall constitute a rejection of the offer of
employment. If a bargaining unit member rejects an offer
of a vacant certified position, the member shall be
deemed to have waived recall rights and will no longer
be eligible for any vacant position that becomes
available within the recall period.
6.4 Preparation Time
6.4.1
Bargaining unit member assignments from grades 6
through 12 will consist of five (5) classroom
assignments and one (1) supportive non-instructional
assignment not to exceed thirty (30) minutes per
day. The supportive assignment for bargaining unit
members teaching grade 6 will be incorporated into
classroom instructional time. It is understood that
supervisory duties will be in addition to the above.
High school building chairs and high school
webmasters shall not be assigned duties or
supportive non-instructional assignments. Middle
school building chairs and middle school webmasters
shall be assigned either a supervisory duty or a
supportive non-instructional assignment.
Each bargaining unit member will
have a duty-free lunch equal to that of the students
and not less than thirty (30) minutes.
6.4.2
An elementary level bargaining unit member shall
be scheduled to receive a minimum of two hundred
seventy-five (275) minutes of planning time per
normal work week. A normal work week shall consist
of five (5) consecutive workdays. Every attempt will
be made to provide each elementary bargaining unit
member with at least fifty-five (55) minutes of
planning time per normal teaching day. A normal
teaching day is specified in Section 6.2. The
Administration agrees to identify, bring forward,
and explain reason(s) to the UFEA president for any
instances where planning time is scheduled in
increments of less than fifteen (15) minutes.
Each bargaining unit member will
have a duty-free lunch equal to that of the students
and not less than thirty (30) minutes.
6.4.3 Area Staff
Area bargaining unit members who travel between
buildings as defined in Section 6.6.2.3 Involuntary
Transfers (#3), shall be scheduled a maximum of 1500
teaching minutes per normal work week inclusive of
travel time. Neither plan time nor duty free lunch
is included in the 1500 minute normal work week
allotment.
Area bargaining unit members
will have a duty-free lunch equal to that of the
students and not less than thirty (30) minutes.
6.5 Coaching Schedule
Every reasonable effort will be made to schedule
extra-curricular activities in such a way that it is not
necessary to have a coach released early from teaching
duties.
6.6 Vacancies and Transfers
6.6.1 Definitions
6.6.1.1 Vacancy
“Vacancy” for purposes of this Section 6.6
means an open position resulting from a
resignation, retirement, termination, or
transfer from a previously existing position or
an open position resulting from a newly created
bargaining unit position.
6.6.1.2
“Voluntary Transfer” for purposes of this
Section 6.6 means a change from one position to
another requested and received by a bargaining
unit member.
6.6.1.3
“Involuntary Transfer” for purposes of this
Section 6.6 means a change from one position to
another directed by the Administration, rather
than requested by a bargaining unit member.
6.6.1.4
“Displaced Staff” is defined as those persons
whose positions/programs have been eliminated.
6.6.1.5
“Seniority” for purposes of this Section 6.6
means the total years of continuous service to
the District in a position requiring teacher
certification. Seniority shall be reflected in
the list published by the District annually.
6.6.2 Procedures
6.6.2.1 Posting of
Vacancies
Vacancies occurring during the school year
may be temporarily filled to avoid undue
disruption of the educational program. The
procedures in this section will be followed for
filling vacancies for a subsequent school year.
A notice setting forth
information that accurately describes the
vacancy shall be published to the staff in the
following manner:
1. Delivery of a copy of
the notice to the Association president or
designee.
2. Posting of the notice in a central
location in the District office.
3. During the school year, posting of the
notice on a designated bulletin board in
each school building.
4. Posting of the notice on the District
Intranet site.
Except in cases of
emergency, the vacancy will not be filled until
seven (7) calendar days have elapsed since
delivery and posting of the notice as set forth
above has occurred. Where specific training,
experience, and other qualifications are a
prerequisite for anyone to fill the vacancy,
such requirement shall be set forth in the
notice.
Reassignments within a
school building may occur prior to posting a
vacancy. The Association president or designee
is concurrently given written notice of any such
reassignment. Consequently, a retirement,
resignation, addition at a grade level or
mid-year staffing could result in a notice of
vacancy that differs from the original opening
within the building.
When a bargaining unit
member with interest in a particular potential
vacancy provides the superintendent or designee
in writing prior to the last teacher attendance
day of the school year with contact information,
such as e-mail address, street address and phone
number, the Administration shall notify the
bargaining unit member of any vacancy occurring
during the summer in which the bargaining unit
member has expressed an interest. A bargaining
unit member so notified shall be responsible to
contact the Administration within seven (7)
calendar days following a good faith effort to
give the bargaining unit member notice, should
the bargaining unit member elect to apply for
the vacancy.
If the District offers a
summer school program, notice of all vacancies
for the summer school program shall be published
in the manner provided for herein and shall not
be filled until seven (7) calendar days have
elapsed. Compensation shall be in accordance
with the Agreement.
When Schedule B vacancies
occur, the following procedures will be
followed:
1. Principals shall post
all Schedule B vacancies for his/her
building on a designated bulletin board in
the principal’s school building for seven
(7) calendar days. In the event no qualified
bargaining unit member submits an
application during the seven (7) calendar
days, a District-wide posting, consistent
with the procedure set forth in Section
6.6.2.1 and Section 9.8.7 shall occur for an
additional seven (7) calendar days.
2. The Association
president or designee shall be given a copy
of all Schedule B vacancies as soon as
posting occurs within a building. All
bargaining unit member’s written
applications shall be acknowledged in
writing by the appropriate administrator.
3. Principals shall
annually post Schedule B positions which are
currently filled by non-bargaining unit
members on a designated bulletin board in
the principal’s school building for seven
(7) calendar days before the end of the
school year.
4. Vacancies occurring
during the school year may be temporarily
filled to avoid undue disruption of the
educational program.
5. Preference shall be
given to a bargaining unit member over a
non-bargaining unit member when both are
equally qualified.
6.6.2.2 Voluntary
Transfers
A bargaining unit member requesting a
transfer within seven (7) calendar days of the
publishing of a notice for a specific vacancy
shall be granted an interview. No assignment of
a new bargaining unit member to a specific
position in the District will be made until all
pending requests for transfer to that position
have been given due consideration.
Notification to bargaining
unit members who are granted or denied a
transfer will be made in writing as soon as a
determination is made. A bargaining unit member
desiring a transfer to a position for which
there is at the time no vacancy, shall notify
the superintendent or designee of the transfer
request in writing. Such a request will be
placed on a “Transfer Request List” until the
bargaining unit member receives a transfer or
September 1 of each year, at which time the list
will be purged. A copy of the “Transfer Request
List” shall be provided to the president of the
Association or designee quarterly.
6.6.2.3 Involuntary
Transfers
When it is necessary to transfer bargaining
unit members for any reason and an adequate
number of volunteers is not obtainable, such
transfers shall be made on the basis of
seniority, with the least senior being
transferred. From a master list of vacancies, a
bargaining unit member may request due
consideration consistent with the procedures set
forth above. Consistent with the School Code and
Section 6.3, seniority assures a bargaining unit
member being of a position in the District, but
not necessarily a position of the bargaining
unit member’s choosing. However, each bargaining
unit member being involuntarily transferred
shall be placed prior to the hiring of any
bargaining unit member new to the District. The
following guidelines shall apply:
1. Involuntary transfers
include reassignment within a building
(e.g., from 4th grade to 3rd grade) as well
as between buildings (e.g. from Fairview to
Oakdale).
2. Reassignments within
specific teaching loads at the secondary
level (e.g. world geography to American
history) are not considered to be
involuntary transfers.
3. For bargaining unit
members assigned to more than one building,
such as those assigned in art, music,
physical education, library/media services,
speech pathology, foreign language, CARES,
Title I, FACS, industrial technology,
business, nurses, and certain special
education designations, involuntary
transfers include a reassignment to another
building(s) for reasons other than
enrollment and/or caseload adjustments. In
the event it becomes necessary to transfer
such an bargaining unit member
involuntarily, such transfers shall be made
on the basis of seniority.
4. Application of
seniority in cases of involuntary transfer
is limited to the grade level or department
being reduced or reorganized. For example,
if the need arises to reduce one third-grade
teacher from a building and no volunteers
are available, then the third grade teacher
having the least seniority shall be
involuntarily transferred.
5. When the need exists
to reduce the number of staff within a
department in a particular school, the least
senior with proper certification within the
building and department where the reduction
is to occur by seniority will be
involuntarily transferred to the building
where a need exists. Placement will be
determined by the superintendent or
designee.
6. When total programs
are placed in a different building with no
change in total staff within the program,
all bargaining unit members within that
program shall be transferred to the new
building with the program (e.g. EMD from
NCHS to NCWHS.) If need for additional
staff is anticipated, the above procedure
shall occur first, and the additional
position opening shall be deemed a vacancy.
7. When programs are
split between two schools and no need for
additional staff is anticipated, bargaining
unit members within the program may agree as
to which school they will be located. In the
absence of an agreement, seniority will
prevail. If the need for additional staff is
anticipated, the above procedure shall occur
first and the additional position opening
shall be deemed a vacancy.
6.6.3 Rights of Displaced
Bargaining Unit Members
6.6.3.1
The displaced bargaining unit member shall be
given a comprehensive list of vacancies.
6.6.3.2
Displaced bargaining unit members shall have the
opportunity to indicate their preferences.
6.6.3.3
All displaced bargaining unit members shall be
assigned a position prior to any new posting and
before placement of involuntary or voluntary
transfers or new hires.
6.6.4 Rights of Involuntarily
Transferred Bargaining Unit Members
6.6.4.1
After displaced staff a bargaining unit member
who is involuntarily transferred may request
first consideration for desired vacancies that
occur the following year by requesting placement
on the “involuntary transfer pool” list.
6.6.4.2
A bargaining unit member in the "involuntary
transfer pool" will be given first consideration
for vacancies on the basis of legal
qualification, certification, and seniority, and
once a position has been accepted, said member's
name will be removed from the "pool."
6.6.4.3
A bargaining unit member in the "involuntary
transfer pool" will have first consideration
rights to a vacancy over a bargaining unit
member seeking a voluntary transfer.
6.7 Seniority
6.7.1 Seniority Tie Breakers
6.7.1.1
If seniority is equal between two (2) or more
bargaining unit members, then total teaching
service in the District, whether or not
continuous, shall be determinative.
6.7.1.2
If the years of total teaching service in the
District is equal, then total public school
teaching service outside of the District shall
be determinative.
6.7.1.3
If total public school teaching service outside
of the District is equal, the decision of the
superintendent and the Association president
shall be determinative.
6.7.3 Seniority Application
6.7.2.1
Board approved leaves shall not affect seniority
within the District.
6.7.2.2
Part-time bargaining unit members shall
accumulate seniority without achieving tenure.
6.8 Working Environment
6.8.1
The Board shall comply with all applicable
local, state, and federal laws and regulations
pertaining to a safe and healthy working
environment.
6.8.2
In the event that a bargaining unit member becomes
aware of a potentially unsafe or hazardous
condition, the bargaining unit member shall report
this situation, in writing, to the immediate
supervisor and the Association president.
Under the collective bargaining
agreement, the District commits to complying with
all local, state and federal laws and regulations
pertaining to a safe and healthy working
environment. Both the Board and the Association
desire that any unsafe or hazardous condition be
remedied in a reasonable manner and in a timely
fashion. In the event that a condition which the
Association concludes is unsafe or hazardous is not
timely remedied at the building level, the
Association shall bring the matter to the
superintendent. The Association’s suggested response
to possible unsafe or hazardous conditions shall be
welcomed at all levels. Responses to possible unsafe
or hazardous conditions may initially involve
testing and analysis by engineers and other
appropriate professionals. The administration shall
work to maintain the adequacy of air exchange within
buildings.
This article shall not be subject to the
grievance/arbitration provision of the collective
bargaining agreement.
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