Enumclaw School District - 2021-2023 Negotiated Contract - Enumclaw ...

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Enumclaw School District - 2021-2023 Negotiated Contract - Enumclaw ...
Enumclaw School District
            Negotiated Contract

         Extra Curricular Personnel
                (Secondary)

                2021-2023

0
TABLE OF CONTENTS

Article No.                                                       Page

    1         Exclusive Recognition                                 2

    2         Extracurricular Contracts                             2

    3         Association Rights                                    3

    4         Right to Join and Support Association                 4

    5         Just Cause                                            4

    6         Program Review                                        4

    7         Personnel File                                        4

    8         Hold Harmless                                         5

    9         Placement/Compensation                                5

    10        Student Discipline                                    6

    11        Charges, Complaints and/or Allegations                6

    12        Grievance Procedure                                   7

    13        Duration of Agreement                                10

APPENDICES

                     Salary Schedules:
              A1     2021-2022                                     11
              A2     2022-2023                                     12

              B      Grievance Form A: Grievance Statement         13

              C      Grievance Form B: Appeal to Superintendent    14

              D      Grievance Form C: Request for Arbitration     15

                                            ARTICLE 1
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EXCLUSIVE RECOGNITION

A.   The Enumclaw School District No. 216 (District), recognizes the Enumclaw Education Association
     (Association), a sub unit of the Washington Education Association as the exclusive and official
     organization to represent all contracted extra-curricular employees for whom certification is not
     required.
B.   Meetings between the Association and the District will be held on request.
C.   The District shall print and provide each coach/adviser with one copy of this Agreement and provide
     the Association with twenty-five (25) copies of this agreement within thirty (30) days after final
     proofreading by the Association.
     All employees new to the District shall be provided a copy of the Agreement by the District upon
     date of hire.
D.   The District will furnish the Association with an electronic copy of the final agreement.
E.   This Agreement shall constitute the full and complete commitments between both parties and may be
     altered, changed, added to, deleted from, or modified only through the voluntary, mutual consent of
     the parties in written and signed amendments to this Agreement.
F.   Any individual contract between the Board and an individual coach/adviser employee shall be
     subject to and consistent with the terms and conditions of this Agreement.
G.   All coach/adviser employees covered under this Agreement who participate in the production of
     tapes, publications or other produced educational material shall retain residual rights should they be
     copy written or sold by the District.
H.   If any provision of this Agreement or any application of the Agreement to any coach/adviser
     employee or group of coach/adviser employees shall be found contrary to law, then such provision or
     application shall not be deemed valid and subsisting except to the extent permitted by law, but all
     other provisions or applications shall continue in full force and effect. Within fifteen (15) days the
     parties shall meet to re-negotiate such provisions found contrary to law.

                                            ARTICLE 2

                           EXTRACURRICULAR CONTRACTS
A.   An extracurricular contract shall be issued to reflect all stipends and supplemental assignments. This
     contract shall be non-continuing.
B.   Except in unusual circumstances (e.g., league cancellation of sport) the District must notify the
     employee by June 15, in writing, if the District will no longer employ staff in their supplemental
     activities assignments. Upon written request of the employee, the notification of nonrenewal will be
     reviewed by the Superintendent. The Superintendent’s decision shall be final and not subject to the
     grievance procedure. Those staff members who no longer desire a supplemental activity assignment
     shall notify their building principal and the superintendent, in writing, by May 1. Vacant positions
     will be posted at a minimum district-wide.

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C. The length of an employee's contract shall be the length of the assigned activity or sport season. High
        school coaches will be paid extra for an extended sport season (see Appendix A).

     D. The District will schedule a regular time each year before the adoption of the budget to cooperatively
        discuss possible solutions to additional compensations or reductions based on budget parameters.

     E. Coaching stipends are based on a minimum of 5 days of practice and/or contests per week excluding
        vacation periods. Coaches are expected to be in attendance at all scheduled practices and/or contest.
        Saturdays are optional turnout days. Saturdays are required coaching days if league games or contests
        are scheduled by league administrators or teams are participating in post season playoff contests.

     F. A coach is allowed 5 accumulated days of sick leave without impunity. Absences beyond 5 days will
        result in loss of coaching stipend pay. Stipend shall be reduced on a per-diem basis determined by
        the number of days in the league season.

     G. A coach is not allowed to miss practice or games for any other reason than sick leave or
        bereavement. All other absences during the season will result in a reduction in the stipend on a per-
        diem basis determined by the number of days in the league season.
     H.

                                                ARTICLE 3

                                       ASSOCIATION RIGHTS

A.      School facilities may be used for Association meetings at reasonable times during non-duty hours
        provided that such meetings shall not interfere with the normal operations and providing that
        custodial staff is on duty.

B.      The Association shall have the right to post notices of activities and information from NEA, WEA,
        and EEA on a bulletin board in the faculty lounges of each school.

C.      The Association shall have the right to use the District mail services and teacher mail boxes. Such
        use shall be reasonable. School District mail services, mail boxes and facilities shall not be used to
        endorse or support political candidates for local, state or national office.

D.      If requested by the employee, the Association President will be informed by the District of any
        disciplinary action of any employee. The employee will have the right to have a representative at
        all/any meetings pertaining to disciplinary action.

                                                ARTICLE 4
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RIGHT TO JOIN AND SUPPORT ASSOCIATION

A.   Employees as defined in Article 1 shall have the right to freely organize, join and support the
     Association for the purpose of engaging in negotiations and other concerted activities for mutual aid
     and protection. Neither the District nor the Association shall directly or indirectly discourage or
     deprive or coerce any employee in the enjoyment of any rights conferred or protected by the statutes
     and constitution of the State of Washington and the United States; that neither will discriminate
     against any employee with respect to any terms or conditions of employment by reason of
     membership or lack of membership the Association, their participation in any grievances, complaint
     or proceeding under this Agreement, or otherwise with respect to any terms or conditions of
     employment.

B.   Employees will be entitled to full rights of citizenship. No religious or political activities (or lack
     thereof) nor any legal activity shall be grounds for any discipline or discrimination with respect to the
     employment of the employee.

C.   The District and the Association will cooperate to assure that employees are not illegally
     discriminated against.

                                             ARTICLE 5

                                            JUST CAUSE

A.   No employee shall be disciplined without just cause. Any disciplinary action taken by the District
     shall be subject to the grievance procedure contained herein. All charges forming the basis for the
     disciplinary action shall be made available to the employee at the time the action is taken.

                                             ARTICLE 6

                                      PROGRAM REVIEW

A.   An annual review for the purposes of program improvement may be conducted by the building
     administrator/designee with the head coach/advisor of the sport/activity. Assistant coaches/advisors
     may be involved in this annual review. A copy of the final document(s) used in this review will be
     given to the head coach/advisor. It is recommended that this review be completed within 30 calendar
     days of the end of the season.

                                             ARTICLE 7

                                        PERSONNEL FILE

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A.   Employees or former employees shall upon request, have the right to inspect the contents of their
     personnel file kept within the District. Upon request, a copy of any documents contained therein
     shall be afforded the employee. Anyone, at the employee's request, may be present in this review.

B.   No evaluation, correspondence, or other material making derogatory reference to an employee's or
     former employee's competence, character, or manner shall be kept or placed in the personnel file
     without the employee's prior knowledge and opportunity to add his/her own comments to the file.
     Any derogatory material not shown to an employee within 20 working days after receipt of the
     information shall not be placed in the employee’s personnel file.

C.   Access to personnel files/evaluations will be in accordance with RCW 49.12.

                                             ARTICLE 8

                                        HOLD HARMLESS

A.   The District shall provide tort liability coverage to the limits of the district insurance policy for all
     employees subject to this agreement for their actions within the scope of their employment.

                                             ARTICLE 9

                               PLACEMENT/COMPENSATION

A.   Salary Schedule Placement

     1.     New coaches/advisers coming to Enumclaw School District shall have documented records
            of coaching/advising experience evaluated. This information will be the basis of placing a
            coach/adviser on the established schedule (Appendix A).

     2.     After initial experience has been evaluated for placement, such placement shall be considered
            final unless proof of additional experience is submitted within 30 days of the employee’s hire
            date during the first year of employment. Should further investigation indicate additional
            advanced placement on the schedule, the employee will be awarded the additional experience
            credit during the next applicable season. Any other adjustments to the employee’s warrants
            will be made during the remainder of the school year or season as agreed upon by the parties.

     3.     Any errors in experience which will raise or lower a coaches/advisers salary shall not be
            retroactive beyond the current year.

B.   Employees will be paid from the month in which their season begins through August 31st of that
     school year. Employees will have an option to be paid their entire salary monthly during the sport
     season.

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C.   The District may, if necessary to comply with the Fair Labor Standards Act, convert a stipend paid to
     an individual who is otherwise employed as a classified employee of the District to an hourly rate.
     Such conversion will be done in consultation with the Association.

D.   The district will provide reasonable funding for pre-approved district required/recommended classes
     or clock hours. The district determines through its approval process what is reasonable.

E.   Every effort will be made by the District to provide drivers and transportation to scheduled events.
     Requests for transportation will be submitted to the Transportation Department through the Athletic
     Director’s office. In the event that a coach must drive due to the inability of the
     Transportation Department to offer transportation, the coach must be cleared through the
     athletic/transportation department. All claims against the coach, the passengers, and the vehicle shall
     be covered to the limits of the District's liability, medical, property, and vehicle insurance as the
     primary insurance provider. In addition, the coach, as driver, will be paid at the maximum IRS
     business mileage rate; if a private vehicle is driven.

F.   In the event a coach is required to drive to an event, the coach will be compensated in the amount of
     .50 cents per minute for each minute driven to and from the event. Travel time will be calculated
     based on an electronic routing system (such as Google maps). In the event travel time exceeds the
     electronic calculation, additional time can be requested but is subject to approval of the Athletic
     Director. Coaches will drive to events only when a driver cannot be provided.

                                            ARTICLE 10

                                    STUDENT DISCIPLINE

A.   It is recognized that every employee has the right and responsibility to expect acceptable behavior in
     the maintenance of a sound learning environment on the part of all students who attend the District's
     schools. Discipline shall be enforced fairly and consistently regardless of race, creed, sex, or status.

B.   The board and superintendent shall support and uphold its employees in their efforts to maintain
     discipline in the District. Further, it shall be understood that authority by employees to use prudent
     disciplinary measures for the safety and well-being of pupils and employees, is supported by the
     board. In the exercise of authority by an employee to control and maintain order and discipline the
     employee may use reasonable judgment concerning matters not provided for by specific policies
     adopted by the board and not inconsistent with Federal or State laws or regulations.

C.   Any student who creates a disruption in violation of the building/athletic disciplinary standards while
     under a coach’s/advisor’s immediate supervision may be excluded by the employee from his/her
     individual activity area for all or any portion of the balance of the activity period or until the
     principal or designee and coach/advisor have conferred, whichever occurs first.

                                            ARTICLE 11

                 CHARGES, COMPLAINTS AND/OR ALLEGATIONS
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When the District receives a charge, complaint, and/or allegation that child abuse, sexual abuse, or
harassment charges have been made against an employee and has determined that those charges are of
sufficient substance to justify any action or further investigation, the matter shall be handled in the following
manner:

A.     The employee shall be informed that a charge, complaint, and/or allegation have been received by
       the District.

B.     The District administrator shall inform the employee that she/he

       1.      Has the right to remain silent
       2.      Has the right to have legal counsel present before proceeding
       3.      Has the right to have an EEA or WEA representative present before proceeding
       4.      Has the right to proceed with the meeting on the charges, complaint, and/or allegation

       If the employee exercises either option 2 and/or 3, the meeting shall be delayed until legal counsel or
       EEA/WEA representation is present.

C.     After being informed of his/her rights, the employee will then be informed of the charge, complaint
       and/or allegation. The District administrator shall ask the employee which of the options she/he
       chooses to exercise.

D.     If the employee has exercised the option to proceed, the District administrator shall inform the
       employee of the charge, complaint and/or allegation, including names, dates, places and times of all
       known charges, complaints, and/or allegations. (The District may protect the confidentiality of
       student witnesses but no action will be taken by the District without providing the employee an
       opportunity to respond to all specific charges.)

                                               ARTICLE 12

                                     GRIEVANCE PROCEDURE

A.     All disputes or disagreements of any kind, involving the application or interpretation of this
       Agreement, or that an employee has been treated inequitably, or that there exists a condition which
       jeopardizes employee health or safety, shall be resolved according to this grievance procedure.

B.     The Association may select a grievance committee, and at least one Association representative shall
       be present for any meeting, hearing, appeal or other proceeding relating to a grievance which has
       been formally presented; provided, however, that any employee has the right to handle his or her
       grievance without the involvement of the Association. In the latter instance, the Association has a
       right to be present and state its views at all steps of the grievance procedure. The Association has the
       right to arbitrate any grievance, even if an individual grievant drops the grievance.

C.     If a grievance affects a group of employees or the Association, it may be filed directly with the
       Superintendent.

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D.   "Days" mean coaches/advisers school calendar days, except after June 1, when "days" shall mean all
     week days other than legal holidays. If a time limit is not met by the District, the grievance may be
     advanced to the next step; if a time limit is not met by the grievant; the grievance will be considered
     dropped. (A "day" shall commence on the day following a filing date or meeting.)

E.   Procedural Steps.

     Step 1. All grievances must be initiated within twenty (20) days of the date of the act giving rise to
     the grievance, or within twenty (20) days of the date upon which the grievant became aware of it or
     should reasonably have become aware of it. The affected parties shall meet and attempt to resolve
     any problems through free and informal communication prior to formalizing the grievance. If this
     meeting fails to resolve it, the grievance must be presented on Form A (Appendix B) within four (4)
     days. The immediate supervisor and the Association's grievance representative will then schedule a
     formal meeting. The Supervisor will answer the grievance by completing section II of Form A
     within four (4) days of that meeting.

     Step 2. If not satisfied with the Supervisor's response, the grievant may move the grievance to Step 2,
     by completing Section I of Form B (Appendix C) and delivering it to the Superintendent within four
     (4) days of the Step 1 answer. Within four (4) days of receipt of Form B, the Superintendent or
     his/her designee will arrange a meeting with the grievant. Within four (4) days of that meeting, the
     Superintendent or his/her designee will render a decision on Section II of Form B.

     Step 3. Grievance Mediation.

     (a)     A grievance unresolved at Step 2 may be referred to mediation by the Association, by written
     notice to the District within ten (10) days of the Step 2 answer. The District must advise the
     Association within ten (10) days whether or not it agrees to mediation of the grievance. Submission
     of a grievance to mediation is by mutual consent only.

     (b)    The Association will notify the Mediation Research and Education Project, Inc. (MREP).

     (c)     Mediation conferences will be held as soon as possible at a mutually agreeable time and
     place. The grievant has the right to be present. One (1) person from each party will be designated as
     chief spokesperson. The proceedings are intended to be informal, while working towards settlement
     without limitation on the evidence advanced by either party. The mediator has the authority to meet
     separately with either party. Written materials given to the mediator are to be returned at the end of
     the conference, except that the mediator may keep a copy of the written grievance. The fees and
     expenses of the mediator will be shared equally by the parties.

     (d)     The mediator has no power to compel resolution of the grievance, nor may either party
     reference the mediation proceeding in any subsequent arbitration. The mediator cannot serve as
     arbitrator of the grievance or be on the panel of potential arbitrators.

     Step 4. Arbitration

     (a)    Should the grievance not be resolved at Step 2, or during mediation, he or she may appeal the
     grievance by completing Section I of Form C (Appendix D) and submitting it to the Superintendent

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within ten (10) days of the Step 2 answer or the conclusion of mediation. The Superintendent will
     provide copies of all forms to the Association, which will advise the Superintendent within ten (10)
     days (by completion of Section II of Form C) whether it will submit the grievance to the American
     Arbitration Association.

     (b)    The District and Association agree to follow the voluntary rules of AAA.

     (c)     The arbitrator shall have no power to advise on salary adjustments, except as to the improper
     application thereof, and grievance claims regarding retroactive compensation shall be limited to the
     term of the current negotiated Agreement. The arbitrator shall further have no power to add to,
     subtract from, modify or amend any terms of this Agreement, nor to substitute his/her discretion for
     that of the board in any manner not specifically contracted away by the board. A decision of the
     arbitrator shall, within the scope of his/her authority, be binding upon the parties.

     (d)    Each party shall bear its own costs, except that the fees and expenses of arbitrator, and the
     hearing room if any, will be shared equally.

F.   All documents, communications, and records dealing with the processing of a grievance shall not be
     maintained in the personnel files of participants.

G.   The District will cooperate with the Association in its investigation of any grievance. Copies of
     available information required by the Association for the processing of any grievance shall be
     provided to the Association, providing the costs of locating and reproducing such materials shall be
     borne by the Association. Reproduction costs shall be 10 cents per page.

H.   No reprisals of any kind will be taken because of an employee's participation in this grievance
     procedure. Should the grievant or a witness be required to be released from his/her assignment, such
     release will be without loss of pay or benefits; however, the Association will bear all costs of
     released time for all persons representing the Association during the processing of a grievance.

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SALARY SCHEDULE
                                                          2021-22
                                                  Add 1% on Step 5 and extended season
                                                             SENIOR HIGH ATHLETICS
            15 COACHES
   Head Coaches:                                                                 Assistant Coaches:
   Football, Basketball, Wrestling, Track (if coed), Cheer (year long season)    Football, Basketball, Wrestling, Track (if coed), Cheer(year long season)
       1.0385        1.01
                                    Years                                                                         Years
      84%        88%         92%          96%         100%                          84%        88%        92%         96%         100%
01      1          2            3           4           5           *       02        1          2          3           4           5           *
     5,991       6,276      6,562        6,847        7,132       7,798             4,193      4,393      4,592       4,792       4,992       5,658

   All other sports: Baseball, Softball, Soccer, Swimming, Volleyball, Tennis, Cross Country, Golf, Track, (if separate boys/girls programs),
   Water Polo, Gymnastics & Athletic Trainier
                                  Years                                                                         Years
       84%       88%        92%          96%       100%                           84%        88%         92%          96%        100%
03      1          2           3           4         5          *         04        1          2           3           4            5          *
      4,793      5,021     5,249         5,477     5,706      6,372               3,895      4,080       4,266       4,451       4,637       5,303

                            Unified Special Olympics Coordinator paid at HS Head Coach Step 1 Permanently
                            Unified Special Olympics Coaches paid at HS Assistant Coach Step 1 Permanently

                                                         MIDDLE SCHOOL ATHLETICS

     Head Coaches:                                                               Assistant Coaches
     All Sports
                                      Years                                                                       Years
       84%         88%        92%         96%        100%                           84%        88%        92%         96%         100%
05       1           2          3           4          5           *        06        1          2          3           4           5           *
       3,634       3,807      3,980       4,153      4,326       4,650              3,198      3,351      3,503       3,655       3,808       4,132

                                                               EXTENDED SEASON

     Extended season is defined as when the regular season is concluded and advancement to the District/WIAA State Tournament
     begins. Only high school sports will be eligible for extended season stipends. Coaches will be paid per week or a pro rata
     portion thereof, to a maximum of four (4) weeks as follows:

                                        2021-2022
     Head Coaches:                           $311
     Assistant Coaches                       $268

     Allocation of the number of coaches to the number of students will be made as follows:

                Number of Students                            Number of Coaches who will be paid:
                     1-3                                                 1**
                     4-12                                                2**
                    13-30                                                3
                    31-36                                                4
                    37-48                                                5
                  Over 48                                                6

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SALARY SCHEDULE
                                                          2022-23
                                                  Add 1% on Step 5 and extended season

                                                             SENIOR HIGH ATHLETICS
            15 COACHES
   Head Coaches:                                                                 Assistant Coaches:
   Football, Basketball, Wrestling, Track (if coed), Cheer (year long season)    Football, Basketball, Wrestling, Track (if coed), Cheer(year long season)
       1.0385        1.01
                                    Years                                                                         Years
      84%        88%         92%          96%         100%                          84%        88%        92%         96%         100%
01      1          2            3           4           5           *       02        1          2          3           4           5           *
     6,051       6,339      6,627        6,915        7,204       7,870             4,235      4,437      4,638       4,840       5,042       5,708

   All other sports: Baseball, Softball, Soccer, Swimming, Volleyball, Tennis, Cross Country, Golf, Track, (if separate boys/girls programs),
   Water Polo, Gymnastics & Athletic Trainier
                                  Years                                                                         Years
       84%        88%       92%          96%       100%                           84%        88%         92%          96%        100%
03      1          2           3           4         5          *         04        1          2           3           4            5          *
      4,793      5,021     5,249         5,477     5,706      6,372               3,895      4,080       4,266       4,451       4,637       5,303

                            Unified Special Olympics Coordinator paid at HS Head Coach Step 1 Permanently
                            Unified Special Olympics Coaches paid at HS Assistant Coach Step 1 Permanently

                                                         MIDDLE SCHOOL ATHLETICS

     Head Coaches:                                                               Assistant Coaches
     All Sports
                                      Years                                                                       Years
       84%         88%        92%         96%        100%                           84%        88%        92%         96%         100%
05       1           2          3           4          5           *        06        1          2          3           4           5           *
       3,670       3,845      4,020       4,194      4,369       4,693              3,230      3,384      3,538       3,692       3,846       4,170

                                                               EXTENDED SEASON

     Extended season is defined as when the regular season is concluded and advancement to the District/WIAA State Tournament
     begins. Only high school sports will be eligible for extended season stipends. Coaches will be paid per week or a pro rata
     portion thereof, to a maximum of four (4) weeks as follows:

                                        2020-2021
     Head Coaches:                           $314
     Assistant Coaches                       $271

     Allocation of the number of coaches to the number of students will be made as follows:

                Number of Students                            Number of Coaches who will be paid:
                     1-3                                                 1**
                     4-12                                                2**
                    13-30                                                3
                    31-36                                                4
                    37-48                                                5
                  Over 48                                                6

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APPENDIX B

                                ENUMCLAW SCHOOL DISTRICT NO. 216

                                    Form A — Grievance Statement

I.    (To be completed by the grievant)

      Date

      Grievant                                      School

      Subject area or Grade level

      Statement of Grievance:       (Attach additional page if necessary.)

      Action requested:

II.   (To be completed by immediate supervisor within four (4) days of formal meeting.)

      Date of formal meeting regarding grievance:

      Response and decision of supervisor:          (Attach additional page if necessary.)

      Signature of Supervisor                                      Date
                                                                                             APPENDIX C
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ENUMCLAW SCHOOL DISTRICT NO. 216

                                          Grievance Procedure

                                  Form B — Appeal to Superintendent

I.    (To be completed by grievant within four (4) days of receipt of supervisor’s decision.)

      Regarding grievance dated

      I wish to refer the grievance to the Superintendent of Schools because:    (Attach additional pages
      if necessary.)

      Signature of Grievant                                       Date

II.   (To be completed by the Superintendent within four (4) days of meeting.)

      Date/time of meeting:

      Response and decision of Superintendent:     (Attach additional pages if necessary.)

      Signature of Superintendent                                 Date

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APPENDIX D

                               ENUMCLAW SCHOOL DISTRICT NO. 216

                                            Grievance Procedure

                                     Form C — Request for Arbitration

I.     (To be completed by grievant within four (4) days of receipt of Superintendent’s decision.)

       Regarding grievance dated:

       I wish to request arbitration of this grievance because: (Attach additional pages if necessary.)

II.    (To be completed by Enumclaw Education Association President within four (4) days of receipt of
       Form C.)

                      The Enumclaw Education Association has determined that this grievance is not
                      meritorious and should not be submitted to arbitration.

                      The Enumclaw Education Association has determined that this grievance is
                      meritorious and should be submitted to arbitration.

Signature of Association President                          Date

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