ELMA TEACHERS ORGANIZATION

AND

ELMA SCHOOL DISTRICT

PREAMBLE

This Agreement is by and between the Elma School District Board of Directors and the Elma Teachers Organization, an affiliate of the Washington Education Association and the National Education Association.

ARTICLE I. ADMINISTRATION OF THE AGREEMENT

Section A. Definitions:

1. The term "District" shall mean the Elma School District, Grays Harbor, Washington State; or its agents.

2. The term "Board" shall mean the Board of Directors of the Elma District.

3. The term “Association” shall mean the Elma Teachers Organization/ WEA/NEA.

4. The term “Parties” shall mean the District and the Association.

5. The term “Agreement” shall mean this collective bargaining agreement.

6. The term “Employee” shall mean any member of the bargaining unit as set out in this Agreement.

7. The term “day” shall mean any day the district business office is open for business with the public.

8. The term “Superintendent” shall mean the chief administration officer of the District or his/her designee.

9. The term “President” shall mean the President of the Association unless otherwise designated in this Agreement.

10. The term “contract” shall mean the certificated personnel contract issued to and signed by each employee for professional services to the District.

11. The term “supplemental contract” shall mean a non-continuing special services contract issued to and signed by each employee assigned to perform additional services as provided in this Agreement.

12. The term “Building Administrator” shall mean the building principal, building assistant principal or building principal’s designee.

13. The term “Evaluator” shall mean the building principal, building assistant principal or program director. The program director shall evaluate those employees within their specified program (e.g., special education, vocational).

Section B. Recognition:

The District recognizes the Association as the exclusive bargaining agent for all full time and part time certificated employees of the District excluding the Superintendent, Assistant Superintendents, Principals, Assistant Principals, Special Education Director, Vocational Director and substitute teachers, provided that substitutes who have worked thirty (30) or more days during the current or preceding school year and who continue to be available for employment are regular part-time employees and are to be included in the bargaining unit, and further provided that those substitute teachers who replace or are replacing an employee for twenty (20) or more consecutive days are also regular part-time employees and are to be included in the bargaining unit. After 20 consecutive days in the same assignment a subsitute will be paid the district subsitute rate plus an additional 20% of that rate for the remaining duration of that assignment.

The District shall not recognize nor bargain with any other employee organization seeking or claiming to represent employees unless such organization has been certified by the State Public Employee Relations Commission as the exclusive bargaining agent for employees.

Section C. Status of Agreement:

Sole Agreement: This shall be the sole Agreement between the Parties regarding wages, hours, and terms and conditions of employment. It shall supersede any rules, regulations, policies, resolutions of the District which may be contrary to or inconsistent with its terms.

Section D. Conformity to Law:

This Agreement shall be governed and construed according to the Constitution and Laws of the State of Washington. If any provision of this Agreement, or any application of this Agreement to any employee or groups of employees shall be found contrary to law by a court or administrative agency of competent jurisdiction such provision or application shall have effect only to the extent permitted by law. All other provisions or applications of the Agreement shall continue in full force and effect.

If any provision of this Agreement is held to be contrary to law, the Parties shall commence negotiations on said provision as soon thereafter as is reasonably possible.

Section E. Individual and Supplemental Contract Compliance:

All individual and supplemental contracts shall be subject to and consistent with law and this Agreement and shall expressly state that they are subject to this Agreement between the Parties. If any individual or supplemental contract is inconsistent with this Agreement, this Agreement shall control.

Section F. Distribution of Agreement:

Following ratification of this Agreement the Association shall prepare a camera ready copy of the Agreement for District review and mutual editing. The District shall print the Agreement, within 30 days, and the Association shall distribute copies to all current and new employees. The District shall also make at least one copy available for review by any applicant for employment with the District. An additional fifty (50) copies will be available for the Association. All costs of preparing and printing this Agreement shall be borne equally by the District and the Association.

The Administration and Association representatives shall meet within thirty (30) days after the Agreement is printed to review the Collective Bargaining Agreement.

Section G. Joint Meetings:

Representatives of the Parties shall meet no less often than monthly during the regular school year in order to monitor the administration of the Agreement and pursue mutual problem identification and mutual problem solving. This meeting will not be used to bypass building administrators.

ARTICLE II. BUSINESS

Section A. Dues Deduction:

The Association and its affiliates (WEA and NEA) shall have the right of automatic payroll deduction of membership dues, assessments and fees for employees. The District shall provide for dues deductions, assessments, and fees through automatic payroll authorization.

Section B. Other Deductions:

Upon receipt of written authorization, the District agrees to deduct from the salary of employees, premiums for those insurance and annuity programs which have been approved by the Association and the District. The sums which are deducted as premiums for approved insurance and annuity programs shall be forwarded in accordance with the written authorization.

Section C. Management Rights:

The Board of Directors retains all rights of management, except as those rights have been plainly and specifically relinquished in this Agreement.

Section D. No-Strike/No Lockout:

During the duration of this Agreement, the Association agrees not to strike and the District agrees not to lockout its employees.

Section E. Association Rights:

1. Use of School Buildings: The Association shall have the right to use school buildings during non/instructional hours and with the consent of the building principal.

2. Association Business: The Association shall have the right to transact business on school property at all reasonable times, provided that such business shall not interfere with or interrupt normal school operations. Association representatives who are not on district staff must first report to the building administrator.

3. Use of District Bulletin Boards: The Association shall have the right to post notices on District bulletin boards in each faculty lounge, faculty lunchrooms, and by teacher mail boxes.

4. Use of Teacher Mail Boxes: The Association may use teacher mail boxes at each building for communication with employees, provided that communication materials will be signed and dated by the Association President and are not for political purposes.

5. New Employees: The District shall notify the President of the name, address and assignment of any new hire into the bargaining unit at the earliest possible date.

6. School District Budget and Financial Reporting: The District shall make available to the President and Chief Negotiator a copy of the monthly budget report.

7. Notice of Probation and Disciplinary Action: In the event any employee is placed on probation or is given a formal disciplinary action, the Superintendent shall provide the President with notice of such action within two (2) working days, provided that should the employee indicate in writing to the District that he/she does not wish to have the Association notified, such notice will be withheld.

8. Board Agenda and Minutes: The District shall make available to the President a copy of the Board meeting agenda at the time it is given to Board members. Attached to the agenda shall be all non-confidential materials given to Board members. In the event Board members are given supplementary materials, copies of such material shall also be made available to the President. Further, the District shall make available to the President a copy of the board meeting minutes.

9. Salary and Placement Information: Each year, the District shall make available for the President the annual S-275 (Certificated Personnel Report) and the Staff Directory when such documents are available.

10. Other Pertinent Information: The Association is entitled to District information that is public record.

11. In the event of strike or work stoppage taken collectively or individually by the Association or employees within the bargaining unit, Section E. Association Rights will be null and void.

ARTICLE III. EMPLOYEE RIGHTS

Section A. Rights of Law:

Neither the Association nor the District shall deny to any party to this Agreement any legal right granted under Federal, State, County or local law or Regulation.

Section B. Non-Discrimination:

Employees shall be entitled to full rights of citizenship. The Parties shall not unlawfully discriminate against any employee because of domicile, race, creed, religion, color, national origin, age, sex, or marital status. The personal, private life of an employee is not within the appropriate concern of the District.

Section C. Personnel File:

1. Right to Inspect: Any employee shall have the right to inspect all contents of his/her own personnel file. A representative of the Association shall, at the employee’s request, accompany the employee in this review. Each personnel file shall contain the following minimum items of information: required medical information, evaluation reports, annual contracts, teaching certificates, and a transcript of academic records.

2. Placement of Materials: Employees shall be given a copy of any material that is placed in their personnel file at the time it is so placed. An employee’s building administrator and/or the Superintendent may place material in their personnel file. The employees shall be given an opportunity to attach written comments within ten days of the receipt of the material. Employees shall indicate they have seen such material and have received a copy thereof by affixing their signature and dating the copy that is to go into the file.

3. Location: The District shall maintain the employee’s official personnel file at the District Office. Working files may be kept by building administrators and will be available upon employee request to the employee. Documents held in a working file shall be removed after one year or be forwarded to the personnel file.

4. Except for materials required under paragraph #1 above, materials may be removed from the personnel file at the mutual agreement of the affected employee and the Superintendent: provided however, that materials relating to sexual misconduct, child abuse, sexual harassment may not be removed from the file.

5. An allegation of misconduct found to be without basis will not be placed in an employee’s personnel file.

Section D. Just Cause:

No teacher will be disciplined without just cause. District administrators will make reasonable attempts to discipline employees in a confidential and discreet manner.

Any scheduled meeting between a representative of the District and an Employee at which disciplinary action is to be announced or taken, may be attended by an Association representative if the employee requests a representative to be present, provided that no scheduled meeting shall be delayed more than twenty-four (24) hours.

Due Process: For the purpose of this section, the term “disciplined” shall mean: (1) verbal warning; (2) warnings which are to be recorded in the personnel file; (3) suspensions; or (4) discharge.

These disciplinary measures will normally be considered progressive except that the District may by-pass any discipline step(s) to address a serious offense.

Complaints made against a teacher by a parent, student, or other person will be sent to the teacher within two (2) working days from the time such complaint is received by the administrator. If the teacher is not in attendance, the complaint will be sent on the first day the employee returns. Any complaint not sent to the teacher may not be used as the basis for any disciplinary action against the teacher.

Section E. Employee Protection:

District Insurance: The District shall provide such insurance for the protection of employees as is required by RCW 28A.400.360 and upon annual renewal will provide employees with a written summary of the coverage they have under the provisions of District Insurance policies. The District shall notify the President of any changes in insurance coverage.

Threats: Any employee who is threatened with physical harm and/or verbal abuse by any person or group while carrying out assigned duties shall immediately notify the building administrator and, if necessary, the appropriate law enforcement authority. Immediate steps shall be taken by the building administrator in cooperation with the employee to provide for the employee’s safety.

Section F. Privacy:

Information: The District shall not provide personal information concerning employees, including names, addresses, phone numbers, etc. to any person not required by law, or to any commercial or charitable organization without specific employee approval.

Faculty Meetings: Representatives of commercial concerns, such as insurance companies, financial counselors, fund raisers, etc. shall not be permitted to attend and address faculty meetings except mutually endorsed insurance carriers or such other concerns invited by a majority of the faculty with agreement from the building administrator in that building.

Section G. Harassment:

The District shall investigate and take appropriate disciplinary action when an employee complains in writing that he/she has been unlawfully harassed (including sexual harassment). The District designated administrator shall give the employee a written report within 10 working days of completion of the administrator’s investigation.

Section H. Assignment and Transfer:

Teaching assignments and transfer of teachers to vacancies that occur will be based on the following criteria in order of most important (1) to least important (3):

1. District instructional program and needs

2. Teacher qualification (Teacher qualification as determined by the District will include certification (appropriate endorsements), academic training directly applicable to the reassignment or vacancy, teaching experience at the grade level and/or subject area, performance evaluation, building administrator recommendations, and the abilities of the teacher.)

3. In-district seniority as a teacher under a Certificated Personnel Contract

Employees will receive written notification of their teaching assignment for the following year no later than June 15. Teaching assignments may be changed after June 15 provided that affected employees are given written reasons for such change.

To assure that employees are given consideration in filling professional job vacancies for the following year, the following procedures shall be used:

1. Postings

All vacancies and new positions shall be posted at each building for five (5) working days and sent to the Association.

Each posting shall state the position qualifications and procedure for applying for the position.

Applicants will be notified of the District’s decision.

2. Voluntary Transfers/Reassignment

Employees who request a change in grade and/or subject reassignment or who desire to transfer to another building for the following year must file a written statement of such desire with the Superintendent or Superintendent’s designee no later than May 15 of each year. Such statement shall include the grade and/or subject to which the employee desires to be reassigned and/or building desired.

The above written request shall be acknowledged in writing.

No later than June 1, the Superintendent or Superintendent’s designee shall provide the Association a list of employees who have applied for voluntary reassignment or transfer under Section a.

Any employee who has requested a reassignment or transfer and whose request has not been fulfilled by June 10, shall have his/her request kept on file status until September 1.

No later than August 20, the Superintendent or Superintendent’s designee shall provide the Association tentative building schedules, employees transferred, and a list of newly hired staff.

Written notification of non-acceptance shall be sent to the employee. Upon the employee’s request a conference shall be scheduled by the Superintendent or designee to discuss the reasons for non-acceptance.

3. Involuntary Transfers/Reassignment

Notice of involuntary transfer or reassignment shall be given to a certificated employee as soon practicable and except in unusual cases, no later than May 15.

An involuntary transfer or reassignment shall be made only after a meeting between the certificated employee involved and the principal at which time the certificated employee shall be notified of the reasons thereof. In the event that a certificated employee objects to the transfer or reassignment and upon written request of that certificated employee, the Superintendent or Superintendent’s designee shall meet with the employee. The certificated employee may, at the employee’s option have an Association representative present at such meeting.

Involuntary transfers or reassignment will be made on the basis of the District instructional program and needs of the District. Certificated employees will be placed within their certification and/or endorsements.

Change of Assignment Assistance: Employees who are involuntarily transferred shall be provided training at District expense in reasonable and sufficient amount as determined by the building administrator.

Section I. Job Sharing

1. A job-sharing position/assignment is one full-time, regular position filled by two employees for a one year period. Should a job-sharing assignment be requested, the superintendent shall be responsible for recommending to the Board acceptance or denial of the request. No job-sharing request shall be unreasonably denied. The job-share application shall identify how the job-share will benefit the students involved as well as contingencies, which may arise during the course of the proposed job-share including, but not limited to, the invididual teaching/planning responsibilities of the applicants, absence or resignation of one of the applicants, computation of employee benefits and responsibilities for participation in staff meetings and committees.

2. When job-sharing is terminated, the employee involved will return to the contractual and FTE status they held prior to the job-share.

ARTICLE IV. EVALUATION AND PROBATION

The evaluative criteria are attached to this Agreement and shall be the only evaluative criteria used in the evaluation process. All evaluations shall be documented on the attached form(s) and will be based on three (responses):

(S) Satisfactory, (U) Unsatisfactory, or (N) Needs Improvement.

Each staff member will be notified of his/her evaluator (see Definitions) no later than September 15. During each school year all classroom teachers and certificated support personnel, shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee for each school year shall be not less than sixty (60) minutes. Following each observation, or series of observations, the evaluator shall promptly (ten working days) document the results of the evaluation in writing on the evaluation report form and shall provide the employee with a copy thereof within three (3) days after such report is prepared. New employees shall be observed at least once for a total observation time of thirty (30) minutes during the first ninety (90) calendar days of their employment period.

One copy of the evaluation report shall be retained by the Employer to be placed in the employee’s personnel file. One copy shall be retained by the employee. All copies shall bear the signature of both the employee and the evaluator. The signature of the employee, however, does not imply that the employee agrees with the contents of the evaluation report.

Within five (5) working days of an evaluation conference, the employee may submit signed comments concerning his/her evaluation report. These shall be made a part of the official evaluation report and shall be attached to the formal evaluation report and placed in the employee’s file.

Standardized test results will not be used to evaluate employees.

Section A. Short Form of Evaluation

After an employee has four (4) consecutive years of satisfactory evaluations under provisions of this Agreement, the principal or other supervisor may elect to use a short form of evaluation. The short form of evaluation shall consist of either a thirty (30) minute observation during the school year with a written summary or a final annual written evaluation based on the teacher evaluation criteria and based on at least two (2) observations periods during the school year totaling at least sixty (60) minutes without a written summary of such observations being prepared. However, the normal evaluation process set forth in this Agreement shall be followed at least once every three (3) years for each employee and an employee or principal or other supervisor may request that the normal evaluation process be conducted in any given school year. The short form evaluation process may not be used as a basis for determining that an employee’s work is unsatisfactory nor as probable cause for non-renewal of the employee’s contract.

Section B. Probation

Every continuing contract employee whose work is judged unsatisfactory based on district evaluation criteria shall be notified in writing, stating specific areas of deficiencies along with a suggested specific and reasonable problem for improvement after October 15^th and no later than February 1 of each year. A probationary period shall be established beginning on or before February 1 and ending no later than May 1. The purpose of the probationary period is to give the employee opportunity to demonstrate improvements in his or her areas of deficiency. The establishment of the probationary period and the giving of the notice to the employee of deficiency shall be by the school district superintendent and need not be submitted to the board of directors for approval. During the probationary period the evaluator shall meet with the employee at least twice monthly to supervise and make a written evaluation of the progress, if any, made by the employee. The evaluator may authorize one (1) certified employee to aid the employee in improving his or her areas of deficiency.

During the period of probation, the employee may not be transferred from the supervision of the original evaluator. Improvement of performance or probable cause for nonrenewal must occur and be documented by the original evaluator before any consideration of a request for transfer or reassignment as contemplated by either the individual or the District. A probationary period of sixty (60) school days shall be established.

Immediately following the completion of a probationary period that does not produce performance change detailed in the initial notice of deficiencies and improvement program, the employee may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year. This reassignment may not displace another employee nor may it adversely affect the probationary employee’s compensation or benefits for the remainder of the employee’s contract year. If such reassignment is not possible, the District may, at its option, place the employee on paid leave for the balance of the contract term.

The probationer shall be removed from probation if he or she has demonstrated improvement to the satisfaction of the evaluator in those areas specifically detailed in his or her initial notice of probation and subsequently detailed in his or her improvement program. Lack of necessary improvement shall be specifically documented in writing with notification to the probationer and shall constitute grounds for a finding of probable cause for non-renewal.

Non-renewal of provisional employees does not require probation as provided in this section.

ARTICLE V. STAFF REDUCTION AND RECALL

Section A. Layoff and Recall Procedures

1. The District shall determine by May 15 any reduction in the educational program for Elma School District for the following school year. This determination shall be based upon the financial resources, student needs, and educational goals for the following year. If the District determines the financial resources will not be adequate to permit the District to maintain its education programs and services substantially at the same level, the District shall adopt a reduced educational program for the following year.

In the event that it is necessary to reduce the number of certificiated employees, those certificated employees who will be retained to staff the District’s reduced program and those certificated employees who will be laid off, will be identified by using the following procedure.

a. The District will notify the Association in writing of its intention