CONTRACT
BY AND BETWEEN
THE BOARD OF TRUSTEES
OF
THE MONROE-GREGG SCHOOL DISTRICT
AND
THE MONROE-GREGG TEACHER'S ASSOCIATION
2003-2004
TABLE OF CONTENTS
Preamble 1
Article I Recognition/Definitions 1
Article II Fair Practice 3
Article III Teaching Conditions 6
Article IV Compensation and Expenses 8
Article V Leaves 10
Article VI Additional Retirement Pay 16
Article VII Insurance Coverage 20
Article VIII Grievance Procedure 15
Article IX Reduction-In-Force 26
Article X Involuntary Transfers 29
Article XI Job Sharing 30
Article XII Commitment to Follow IC on Teacher Dismissals 33
Article XII Terms of Agreement 34
Appendix A Salary Schedule 35
Appendix B Extra-Curricular Salary Schedule 37
Appendix C Make-Up Days 40
Appendix D Grievance Report 41
PREAMBLE
THIS CONTRACT ENTERED INTO THIS 21st DAY OF January , 2004 BY AND BETWEEN THE BOARD OF SCHOOL TRUSTEES OF THE MONROE-GREGG SCHOOL DISTRICT, HEREINAFTER CALLED THE "BOARD" AND THE MONROE-GREGG TEACHERS' ASSOCIATION, HEREINAFTER CALLED THE "ASSOCIATION".
ARTICLE I
A. RECOGNITION
The Board hereby recognizes the Monroe-Gregg Teacher's Association as the exclusive representative of the teachers in the school corporation except the following:
1. Superintendent
2. Assistant Superintendent
3. Principals
4. Assistant Principals
5. Athletic Director
6. Director of Guidance
7. Administrative Assistants (Non-Teaching)
8. Substitute Teachers not on temporary contract
9. School Nurse
10. Attendance Officer
11. All employees not on a standard or temporary teacher's contract
D. DEFINITIONS
When used in this Contract:
1."Teacher(s)" shall mean the certificated school employees employed by the Board in the bargaining unit as defined in Article I of this Contract;
2."Board" and "Association" shall include authorized officers, representatives, and agents;
3."School Corporation" shall mean the Monroe-Gregg School District of the County of Morgan of the State of Indiana;
4."Emergency" shall mean a condition or situation which could not have been anticipated under normal circumstances or a situation which; by law, could not be addressed within stated timelines.
5.When a reference is made to male teachers in this Contract, it also includes female teachers.
ARTICLE II
FAIR PRACTICE
A.Entire Agreement
This Contract supersedes and cancels any and all previous contracts or agreements between the Board and the Association and constitutes the entire agreement between parties. A copy of this document shall be given to each teacher within 45 days of its ratification.
B.Waiver
All bargainable issues have been discussed during the bargaining leading to this Contract, and no additional bargaining on said issues will be conducted on any items, whether contained herein or not, during the life of this Contract, unless the parties, by supplemental written agreement hereto, agree to conduct additional bargaining on said issues.
C.Severability
Should any Article, Section, or Clause of this Contract, or any rider thereto, be declared illegal by any court of tribunal of competent jurisdiction, said Article, Section or Clause as the case may be, shall be automatically deleted from this Contract to the extent that it violates the law, but the remaining Articles, Sections and Clauses shall remain in full force and effect for the duration of the Contract if not affected by the deleted Article, Section, or Clause.
D.Contract Limitation
The Board construes and the Association recognizes the specific, express provisions of this Contract as constituting limitations and being the only limitations upon the Board's right, power, authority, duties, and responsibilities to manage and direct the operations and activities of this School Corporation to the full extent authorized by law.
E.Individual Teaching Contract
Any individual teaching contract between the Board and an individual teacher shall be consistent with the terms and conditions of this Contract. If any individual teaching contract made subsequent to this Contract contains any language inconsistent with this contract, this Contract shall prevail.
F.Dues Deductions
The Board agrees to deduct from the salaries of teachers who are members of the Association the dues of such Association as such teachers voluntarily and individually authorize on forms provided by the Association in twenty (20) equal deductions.
The Association shall indemnify and save the Board and the School Corporation harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken or not taken by the Board of School Corporation in reliance upon signed authorization forms furnished to the Board or School Corporation by the Association for the purpose of payroll deduction of dues.
Dues shall be remitted to the Association in the following manner:
October/November dues shall be remitted in December.
December/January dues shall be remitted in February.
February/March dues shall be remitted in April.
April/May dues shall be remitted in June.
June/July dues shall be remitted in August.
G.Association Rights
The Association, acting as the sole and exclusive representative of the Bargaining Unit, shall be granted the following rights:
1.The Association shall have the right to use school building for conducting Association meetings with the understanding that the usage will be at reasonable hours and not in conflict with usage by the Board for other purposes.
2.The Association shall be permitted to use duplication and copying machines, typewriters and other office equipment as necessary to conduct routine Association business. The cost of materials will be borne by the Association.
3.The Association shall be able to maintain bulletin boards in each of the school buildings in the Corporation.
4.The Association shall be allowed a place on the agenda at the general orientation meeting held for the School District.
5.The Association shall be represented in the planning for any/all new construction of educational facilities contemplated in the school district.
6.Employees shall be entitled to full rights of citizenship and no religious or political activities of any employee or lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such employee.
7.The Association President or designee shall be allotted 1 day of leave for Association business. The Association will assume the cost of the substitute teacher. If any of these days are utilized for the purpose of lobbying, such lobbying will advocate only those positions mutually adopted by the Superintendent as representative of the Board and the Association President or designee.
H.Commitment to Provisions of Public Law 217
The Association agrees that bargaining shall be conducted in accordance with the Indiana Teachers' Collective Bargaining Act, Public Law 2l7.
ARTICLE III
TEACHING CONDITIONS
A.The regular working day for all teachers in the Monroe-Gregg School District shall not exceed 7 hours and 30 minutes of continuous time between the hours of 7:15 A.M. and 4:00 P.M., except for Elementary Conference Day. Elementary teachers will have one day extended by approximately four hours for purpose of conducting Parent-Teacher Conferences.
B.The regular work year shall consist of no more than 184 days as per the Board's legally adopted school calendar for the 2003-2004 school year.
C.The daily teaching assignment in the junior high and senior high school shall be at least one period less than the number of periods scheduled.
D.Each junior high and senior high school teacher shall have at least five (5) preparation periods per week, one each full day, of a length equivalent to the student instructional period. Elementary school teachers shall have preparation time equal to the Jr.-Sr. high school teachers. This time can be averaged over a 5-day period but no elementary teacher will ever have a day with less than a 30-minute preparation time. The minutes before and after the student day shall not be included in the calculation of this preparation time.
E.Every teacher shall have an uninterrupted 30 minute duty-free lunch period each day.
F.The procedure on make-up days for lost days due to weather, energy shortage, and the like shall be in accordance with Appendix C.
G.The parties agree that teacher involvement within the community strengthens the entire educational program. Therefore, teachers are encouraged to attend school related activities.
H.Any person considered for substitute teaching must meet, whenever possible, with the building principal or his designee at which time building policies, duties, and expectations of the substitute teacher will be explained. At their discretion, teachers may fill out the substitute teacher evaluation form.
I.A teacher shall have the right to inspect and obtain a copy of his official personnel file, which is maintained in the office of the superintendent, and may respond to any comments placed within the official file. Any documents that are over three years old that are unrelated to evaluation or any of its attachments, provided they are unrelated to any current situations, shall be removed from the official personnel file upon the request of the individual teacher.
J. No teacher will be disciplined based upon a parent or parents' complaint(s) until the teacher has been provided an opportunity to respond and provide his/her explanation.
K. When a teacher's presence is required at a meeting or conference the teacher should be given 24 hours notice unless there is an emergency. It is the responsibility of the building administrator to arrange for a teacher's class to be covered if a meeting or conference occurs during an instructional period.
L. Administrators will share knowledge gained regarding a student's contact with Law Enforcement Agencies due to violent behavior with teachers assigned to have contact with the student providing that this disclosure does not violate court order, privacy statute or any other statute.
M. Teachers who are asked or required to be in a situation where
crowd control is needed, will be told immediately of any potential threat.
Teachers will be given some means of communication with school or civil
authorities.
ARTICLE IV
COMPENSATION AND EXPENSES
A.The parties agree that the regular salary of each teacher shall be in accordance with the schedules in Appendix A only.
B.The parties agree that the extra-curricular salaries shall be in accordance with the schedule in Appendix B.
C.All adjustments to salary as a result of additional training shall be effective at the beginning of each semester. A certificate of additional training must be on file in the Superintendent's Office by September 1, or January 15.
D.Teachers shall be paid twenty-six (26) times a year on every other Friday . Teachers may elect to ahve their paychecks electronically deposited. Teachers hired after January 1, 2002 shall have their paychecks electronically deposited.
If school is not in session, checks may be picked up in the Superintendents
Office on Friday if the Superintents office is normally scheduled to be
open on that Friday. If the Superintendents office is not scheduled
to be open, the check will be held until the teacher returns or mailed
if the next scheduled work day is more than four calendar days following
the payday. During the summer break between the teacher's regular
work years, at the teacher's option, the payroll checks will be mailed
or held to be picked up by the teacher.
E. The Board shall purchase supplemental liability insurance to protect teachers who are asked to transport students in their personal automobiles. This includes emergency situations caused by illness or accident of a student as well as organized school activities.
F.Faculty members may purchase season tickets for admission to all extracurricular activities for themselves and their spouse for $1.00 each.
G.When a teacher is requested by the Board to attend a meeting outside the school district, reimbursement for approved expenses will be made.
H.If a teacher is asked by the administration and should decide to accept substitute teaching duties during a preparation period, he/she shall receive compensation of $12.00 per class taught.
I. If a position has been posted and no suitable candidate has been found, a current staff member who is willing to obtain the necessary certification, will upon approval of the Superintendent and upon earning a grade of C or better, receive 75% reimbursement for tuition and required textbooks.
J. Teachers on part time contracts of 50% or more will receive compensation and benefits at a rate commensurate with the amount of time the contract is for.
K. New Teachers
1. Teachers newly hired by the corporation may elect to receive their salary in 27 pays for the first year of service. Newly hired teachers will receive the first of their 27 paychecks on the date that returning teachers receive their 26th check for the previous school year.
2. Teachers hired by the corporation for second semester or later may elect to receive their pay through the end of the semester rather than receive pays through the summer.
L. Each teacher will receive an estimated compensation worksheet
with the first paycheck under the implementation of a new salary schedule.
This may be at the start of a new school year or during the school year
is a settlement of a new contract occurs after the start of a new school
year. The parties acknowledge this is an estimated worksheet
that provideds an estimate. With the payroll computer system,
there may be minor rounding and further adjustments in the last check.
ARTICLE V
LEAVES
The parties agree that teachers will use leaves in this section only for the purposes stated within this contract.
A.Sick Leave
Sick leave shall be credited annually to each teacher.
1.Ten (10) days per year.
2.Sick leave days shall accumulate to a total of 184 days
3.Sick leave accumulated by a teacher prior to a leave of absence shall be credited to the teacher upon return.
4.The yearly allotted sick leave credited to a teacher may be used for family illness. This leave shall be used only for illness of spouse, children and/or stepchildren and parents..
B.Sick Leave Bank
The volunteer sick leave bank for teachers permits a teacher as defined herein in Article I, who is absent from assigned duties due to a personal illness and who has utilized all sick leave, personal leave, and all other paid leave benefits of whatever nature may petition a committee, as established herein, for sick leave days from the bank under the following conditions:
1.The number of accumulated days in the bank shall not exceed one hundred fifty (150) days, provided, however, that
a.a veteran teacher who is not a current member of the bank may become a member by contributing one (1) sick day to the bank not earlier than August 1st nor later than September 15th of any school year, and
b.a teacher who is newly hired in the School Corporation shall have fifteen (15) days from the date of initial duty assignment, or until September 15th of any school year, whichever is later, during which time such teacher may choose to participate in the bank by contributing one (1) sick leave day, even though such contribution by such veteran or newly hired teacher would cause an accumulation of days in excess of the maximum specified herein;
2.Said teacher may be granted days from the bank under the following conditions:
a.The teacher must have chosen to become a current member of and participate in such bank by contributing one (1) sick leave day to the bank not earlier than August 1st nor later than September 15th each year, and such day contributed shall be nonreturnable to the employee. However, in the event that the number of accumulated days in the bank at the beginning of a school year is of sufficient number that a contribution of one (1) sick leave day by all teachers who are current members of the bank would cause the maximum number of days specified herein above in Paragraph One (1) to be exceeded, the current year's contribution by all such current members shall be suspended, except that in case the bank is depleted during the school year, the current year's contribution shall be assessed at the time of such depletion;
b.The teacher must have utilized and exhausted all paid leave benefits of whatever nature, including said teacher's own accumulated sick leave and personal leave;
c.Written certification will be provided from said teacher's physician substantiating the illness;
d. Written application must be made no later than twenty (20) days after exhaustion of said paid leave benefits;
e.The teacher must have been absent for at least five (5) consecutive duty days after exhaustion of said paid leave benefits;
f.Upon resumption of employment after using days from the bank, said teacher shall repay the number of days owed to the bank (number of days borrowed minus number of days contributed) at the rate of two (2) sick leave days per year, plus said teacher shall continue to contribute one (1) day per year as provided herein above in Paragraph 2(a);
g.If a teacher leaves employment of the School Corporation, any days owed to the bank shall be waived.
3.A five (5) member sick leave bank committee shall be established to receive written requests and allot days from the bank according to the provisions herein, under guidelines established by the committee. The committee shall be composed of three (3) persons appointed by the Association and two (2) persons appointed by the Superintendent. Days allotted by the committee to an individual teacher shall be available for use beginning with the sixth (6th) consecutive day of absence after exhaustion of the teacher's said paid leave benefits, and such allotment to a teacher by the committee shall not exceed a maximum total of thirty (30) days. The committee shall be limited to a total allotment for all teachers of one hundred fifty (150) days per year.
4.Any days granted by the committee to an individual teacher shall terminate effective the earliest date as hereinafter provided:
a.The day after the last day of the term of employment for the school year, or
b.The day after the last day of allotted number of days granted by the committee, or
c.The first day of return to employment subsequent to the granting of days by the committee.
C.Personal Leave
Teachers shall be granted three (3) days leave per school year for the conducting of personal business with pay.
1.This leave is to be used for matters which cannot be scheduled outside regular school hours.
2.Unused personal days shall accumulate to six (6) days. Any days accumulated over six (6) days shall revert to sick days. No more than one personal leave day shall be used by teachers involved in ISTEP/achievement testing, or by teachers involved in giving final exams at the end of each semester. No more than one personal leave day may be used immediately before or after Christmas, Thanksgiving or Spring Break. At no other time can more than five (5) personal days be taken consecutively.
3.Notification of personal leave should be made one (1) day prior to such leave except in cases of emergency.
4.The applicant's reason for taking personal leave shall be to state that he is taking it under the provisions of this contract.
5.Teachers shall be permitted to take one-half (1/2) days of personal leave which shall be recorded as one-half (1/2) days of personal leave upon approval of the building principal.
6.Elementary school teachers shall be granted an additional 1/2 day personal leave to compensate for Parent-Teacher Conferences.
D.Family Death Leave
1.Each teacher shall be granted six (6) work days of absence after a death in the immediate family. These days need not be used consecutively, but must be used within one (1) year of the death. In the event of a multiple death involving spouse and/or children, two (2) additional days will be allowed.
2.The "immediate family" is interpreted to include only spouse, father, mother, step-parents, son, daughter, sister, brother, grandparent, mother-in-law, father-in-law, grandchildren, step-children, son-in-law and daughter-in-law. These days are above and beyond sick and emergency leave.
E.Maternity Leave-In accordance with Indiana Code 20-6.l-6-4
F.Staff Development Leave
Teachers may be granted up to three (3) days with pay for the purpose of visiting other schools or attending meetings or conferences of an educational nature upon approval of the Principal and Superintendent. Approved expenses may also be allowed.
G.Jury Duty Leave
When a teacher serves on jury duty, the Board shall pay the difference between full salary and the pay received serving on the jury duty.
H.General Provisions Covering Leave of Absence
1.A teacher returning from a leave of absence shall be given a comparable position or one that is mutually agreed upon.
2.Probationary teachers returning from leave of absence shall retain full credit for years of teaching service prior to the leave.
3.Tenure teachers returning from leave of absence shall retain their tenure status upon returning from leave.
I.Personal Injury Leave
Absence up to ten (l0) days due to injury incurred in the course of the teacher's employment shall not be charged against the teacher's sick leave. The Board shall pay to such teacher the difference between his salary and benefits received under the Indiana Workmen's Compensation Act for the duration of such absence.
J.Adoption Leave
The Board shall grant an adoption leave of absence to a teacher, without pay or benefits, for a period not to exceed one (1) year. Upon initial application by the teacher to adopt the child, the teacher shall notify the Superintendent, in writing, of such teacher's intent to adopt. The written requests to the Board shall be submitted at the time that the teacher first knows of the date the teacher wishes to commence said leave, and such request shall state the teacher's desires concerning the beginning and ending dates for such leave.
K.Emergency Leave
Each teacher will be granted a total of two (2) days of absence with pay per year, non-accumulative, for serious illness in the immediate family, or death in the family not covered above, subject to the approval of the Superintendent.
L.Sabbatical Leave
A teacher may apply for a sabbatical leave following these provisions:
1.Teacher must complete 5 years of employment before he is able to apply for a 1 year sabbatical.
2.Applications are due by April 1 for the following August. The Board will notify applicant of their decision by May 1.
3.Applications are due by November 1 for a leave beginning second semester. The Board will notify applicant of their decision December 1.
4.Time restrictions may be waived by the Board.
5.The teacher on leave will receive no salary but may continue benefits by paying for them.
6. Teachers returning from Sabbatical leave will be assigned to a teaching position for which he is licensed. If vacancies are filled, they will be filled on a temporary basis.
M.Witness Leave
Witness leave, with pay, shall be granted to teachers for the time necessary to make appearance(s) in any court proceeding resulting from activities relating to the teacher's employment with the School District except when the teacher is the plaintiff or in a court proceeding to enforce the Collective Bargaining Act.
ARTICLE VI
RETIREMENT PAY, BUY BACK OF SICK LEAVE
AND SOCIAL SECURITY AND MEDICAID BRIDGE BENEFITS
A.Retirement and Severance Pay
1.Permanent teachers who are teaching in the Monroe-Gregg School Corporation are eligible for the following severance pay:
The Severance pay shall be paid at the rate of thirty-five dollars ($35.00) per day for each day of unused accumulated sick leave plus three hundred fifty dollars ($350.00) for each year of service to the Monroe-Gregg School District. Severance pay will have a maximum of fifteen thousand dollars ($15,000.00).
2.To be eligible to receive their severance pay entitlement a teacher must:
a.Submit written application to the Board 120 calendar days prior to the last day of active, full-time service to the Monroe-Gregg School District.
b. Meet either one of the following two criteria:
i)Have ten consecutive years of service prior
to retiring; and have filed proper retirement forms with the Indiana State
Teachers' Retirement Fund, either directly or through a designated representative
and be certified by the Superintendent of Schools: or
ii) Has twenty consecutive years of service with
the Monroe-Gregg school district at the time of leaving employment and
has reached the age of forty-five (45) years on or before September 1 following
the last school year of employment.
B.Buy Back of Sick Leave
Permanent teachers in the Monroe-Gregg School Corporation who leave at the end of the semester who are not entitled to retirement severance pay in Section A above are entitled to receive a pay of thirty-five dollars ($35.00) for each day of unused accumulated sick leave plus if the teacher complies with the following eligibility requirements:
1.Must submit written application to the Board 120 calendar days prior to the last day of active, full-time service to the Monroe-Gregg School District: and
2.Has the twenty consecutive years of service with the Monroe-Gregg School Corporation at the time of leaving employment.
A teacher who leaves the School Corporation has the option to sell their sick leave accumulation back to the School Corporation or transfer it to another school corporation if employed. If any sick leave days are sold back to the School Corporation, that amount will be subtracted from the sick leave accumulation to be transferred.
C.Social Security and Medicare Bridge Benefits
Certificated Staff who have taught ten (10) or more years in the Monroe-Gregg School Corporation and have reached the age of 55 in the calendar year in which they retire will be eligible for Social Security and Medicare Bridge Benefits. These benefits and additional qualification requirements will be as follows:
1.An eligible retired teacher shall receive an annual Social Security Bridge entitlement of $2,200.00 per year until the earlier of the following:
a.Seven annual payments; or
b.The teacher becomes eligible for partial Social Security benefits. (The teacher need only become eligible, not actually apply for such benefits.)
These annual Social Security Bridge Benefit payments will be paid in two annual installments on July 1 and December 31 of the calendar year following the last year of service to the corporation until the earlier of the payment of seven annual payments or eligibility for partial Social Security. Should a teacher become eligible for partial Social Security between July 1 and December 31, that teacher will receive only one biannual payment that calendar year.
2.The School Corporation shall contribute up to $2,224.00 annually towards the health insurance plan of any eligible retired teacher if enrolled in the health insurance plan at the time of retirement until the earlier of (a) ten premium years, (b) until the time the retired teacher becomes eligible for Medicare coverage or (c) withdraws from the health insurance plan. This Medicare Bridge Benefit will be payable on premium years which are from October 1 through September 31. If a teacher becomes eligible for Medicare during a premium year, the Medicare Bridge Benefit will be prorated for that year based upon the length of the period that the retired teacher did not become eligible for Medicare.
3.To receive this benefit the certified employee must qualify and be receiving Indiana State Teachers Retirement Fund benefits.
4.To receive this benefit, employees must notify the Board of their intent to retire by May 1 of the last year of teaching.
5.In the event of any emergency retirement, the May 1 date may be waived by the Board.
6. This benefit will be in addition to those benefit provisions of Section A of this Article.
All new employees employed or employees previously employed by the Monroe-Gregg School District and re-hired after the first day of the 1999-2000 school year are eligible only for the full section 403(b) benefits provided by appendix A and are not eligible for any of the Social Security and Medicare Bridge Benefits provided by this section. Employees employed prior to the 1999-2000 school year will have the following benefits.
1. Employees retiring during the 2005-2006 school year shall be entitled to both the annual Social Security and Medicare Bridge Benefits of the section which were in effect during the 1997-98 school year and the Matching Annuity Program set forth in Appendix A.
2. Employees having 15 or more years of teaching experience as of July 1, 1998 and retiring after the 2005-2006 school year shall be entitled to one-half of the annual Social Security and Medicare Bridge Benefits of this section which was in effect during the 1997098 school year and the Matching Annuity Program set forth in appendix A.
3. Employees having less than 15 years of teaching experience as of July 1, 1998 and hired before the 1999-2000 school year shall be entitled to the Matching Annuity Program set forth in Appendix A and entitled to one-fourth of the annual Social Security Medicare Bridge Benefit of this section which was in effect during the 1997-98 school year.
D. Teachers who qualify for benefits under either Section A or B above will have a one-time opportunity to make a change in their employee elective contribution to their 403(B) Tax Deferred Qualified Plan prior to their last check.
ARTICLE VII
INSURANCE COVERAGE
A.Insurance Committee
An insurance committee will be appointed by the Board and Association to review, investigate and consider rebidding the following insurance programs. Any programs recommended by this committee shall require the agreement of the Board and Association. In the event the insurance carrier is a trust, the teacher selected to serve as the representative will have no leave subtracted for days used for Trust Business.
B.Health Insurance
The Board will contribute per month the following:
Single: $284.970
Eee/C: $405.72
Eee/S: $531.72
Family: $676.62
C.Long Term Disability
The Board will contribute all but $1.00 towards the cost of long term disability insurance with coverage to begin on the 91st consecutive day of disability.
D.Term Life Insurance
The Board will contribute all but $1.00 towards the cost of a $50,000.00 term life insurance policy including accidental death and dismemberment for 1999-2000.
E.Dental Insurance
The Board will contribute $170.00 annually towards the cost of a single and family dental insurance plan.
F.Enrollment
All teachers who are under contract at the beginning of the current school year shall be enrolled in any of the above coverages no later than September 17th. In no instance will the School Corporation pay more than 99% of the total monthly premium.
G.Retired Participation
Certified personnel who retire at 55 years of age or older may continue in the group insurance plan until they become eligible for Medicare by paying their own premiums if any.
H.Insurance Premium Withholdings
Employees' premium contributions will be withheld equally from the first two pays each month.
I.Tax Shelter Annuity Carriers
The Board will allow the following tax shelter annuity carriers:
The Travelers Companies;
Horace Mann;
The Franklin Life Insurance Company
The Equitable; and
American Fidelity.
However, at such time that a plan has fewer than 5 participants, the Board may close withholding for said plan sixty days after notification is given to the plan participants. In addition, the Board agrees to add a carrier if 10 or more employees request it.
J.Section 125 Provision
Provision of Section 125 of the Internal Revenue Code shall be implemented and offered to all employees. Only the tax benefit offered below will be included:
1.Employee paid premiums for insurance programs.
K.Health Care Reform
Regarding health care benefits, if any state or federal legislation is enacted during the term of this Contract which provides an increase in the benefits available to members of the bargaining unit or to the employer under this Contract, negotiations will be reopened on all provisions related to such benefits.
L.The Corporation shall institute Section 125, Generation 2 Program
for the school year 2000-2001.
ARTICLE VIII
GRIEVANCE PROCEDURE
SECTION I
A.Definitions
1.A "grievance" is a claim by one (1) or more teachers of a violation, a misapplication, or a misinterpretation of this Contract.
2.The term "teacher" includes an individual or group of individuals within the bargaining unit.
3.The term "day" when used in this Article shall be school teaching days. During the summer recess, the term shall mean weekdays.
4.A grievant shall have the right to be represented by the Association at all levels of this procedure.
B.The purpose of this grievance procedure is to settle equitably, at the lowest possible administrative level, issues which may arise from time to time with respect to specific claims of violation, misapplication, or misinterpretation of the provisions of this Contract. Both parties agree that these proceedings shall be kept as confidential as may be appropriate at each level of the proceedings.
C.Nothing contained herein shall be construed to prevent any individual teacher from presenting a grievance and having the grievance adjusted if the adjustment is not inconsistent with the terms of this Contract and the Association has been given an opportunity to be present at such hearings.
SECTION II
Level One
A.Within twelve (l2) days of the time that the grievant first knew, or should have known of the grievance, the grievant shall present the grievance to the building principal during non-teaching hours. Within five (5) days after presentation of the grievance, the building principal shall orally answer the grievant.
B.Within five (5) days of the oral answer, if the grievance is not resolved, it shall be stated in writing, signed by the grievant and submitted to the building principal on the appropriate form. Within five (5) days of the filing of the formal grievance in writing, a meeting may take place and an answer to the grievance shall be given in writing to the grievant.
Level Two
A.If the grievance is not resolved in Level One, the grievant may, within five (5) days of receipts of the principal's answer, appeal to the Superintendent by filing the grievance and the principal's answer, along with any written response of the grievant to the answer of the principal, with the Office of the Superintendent, which shall receipt therefore.
B.The Superintendent or his designated representative shall give the grievant an answer in writing no later than ten (10) days after receive of any written grievance properly filed with the Superintendent's Office.
Level Three
A.Within ten (10) days after receiving the decision of the Superintendent, an appeal from the decision may be made to the Board. The Board shall hold a hearing on the grievance at a regular, special, or executive meeting and render its decision in writing to the grievant.
B.The hearing shall be held within fifteen (15) days of receipt of the appeal.
C.The Superintendent shall promptly notify the grievant of the date, the time, and the place where such appeal shall be heard.
D.The Board's written decision shall be transmitted to the grievant within five (5) days after the hearing.
Level Four
Within ten (10) days of receipt of the decision at Level Three, the grievance may be submitted to arbitration. The grievant shall notify the Board of his intention to submit the matter to arbitration within this ten (10) day period. After notification that the matter shall be submitted to arbitration, the following procedures shall be followed: The two (2) parties shall attempt to select an arbitrator by mutual agreement. If they cannot agree on an arbitrator within five (5) days after notification is given, the arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration hearing. The arbitrator shall set forth his findings and conclusions on the issues submitted. The decision of the arbitrator shall be binding upon the Association, its members, the employee or employees involved and the employer.
A.Each of the parties shall bear the expense of preparing and presenting its own case in arbitration. The costs and expenses of the arbitrator shall be borne equally by the parties. Each party shall bear the expenses of its respective witnesses and/or attorneys and other cost for arbitration.
C.
C.The arbitrator shall have no power:
1.To add to, subtract from, disregard, alter, or modify any of the terms of this Contract.
2.To rule on the termination of services or failure to reemploy any employee to a position on the extra-curricular schedule, on the coaching staff, as department chairman, or any other position on the extra-curricular schedule.
3.In regard to any claim or complaint for which there is another remedial procedure or course established by law or by regulation having the force of law, including but not limited to any matter subject to the procedure specified in the Teacher's Tenure Act, the Equal Employment Opportunity Act, or other legislation, unless the grievant has submitted an express and effective waiver to any such rights or procedures and has specifically stated in such written waiver agreement to be bound by the decision of the arbitrator.
4.To change any policy, or rule of the Board or to substitute his judgment for that of the Board as to the reasonableness of any such policy or rule of the Board.
SECTION III - Hearings
Hearings shall be conducted at a time and place which will afford a fair and reasonable opportunity for all persons, including witnesses, entitled to be present to attend. Hearings shall be conducted during nonschool hours, unless there is a mutual agreement for other arrangements.
SECTION IV
Other Provisions
A.Time limits herein may be extended only by mutual agreement, signed by the parties. If there is a failure at any step to communicate the decision on a grievance within the specified time limit, the grievant shall then have the right to appeal at the next step of the procedure.
B.Any grievance not advanced from one step to the next within the time limits, shall be deemed resolved by the answer at the previous step.
C.Any grievance which arose prior to the effective date of this Contract or after the termination date of this Contract shall be processed under the contract in effect at the time of the grievance.
D.No reprisal of any kind shall be taken by or against any participant in the grievance procedure by reason of such participation.
E.All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participant and are not valid basis for evaluations or consideration of awarding any professional advantage to such a teacher.
F.The form provided in Appendix D will be used when filing a grievance.
ARTICLE IX
REDUCTION-IN-FORCE
When the Board of School Trustees determines that a reduction in the number of teacher(s) must be made, the following provisions shall serve as guidelines to the Superintendent in making any recommendations concerning teacher layoff:
A.The Superintendent shall first consider and determine the appropriateness of achieving such reduction through elimination of positions which become vacant through attrition (e.g. resignations, retirement).
B.Following the considerations set forth in Paragraph A hereinabove, the Superintendent shall then consider the following factors when recommending the Board layoff of a teacher(s):
1.Staff pools shall be established as follows:
a.All non-permanent teachers teaching in the position, subject area, grade level, and/or assignment to have the number of teachers reduced;
b.All semi-permanent teachers teaching in the position, subject area, grade level, and/or assignment to have the number of teachers reduced;
c.All permanent teachers teaching in the position, subject area, grade level, and/or assignment to have the number of teachers reduced.
Said staff pools shall be established by the Superintendent at the time that the Board of School Trustees determines that a reduction in force shall take place, and teacher certifications as of the last day in March of the applicable school year will be recognized for purposes of this provision.
2.Based upon the staff pools as set forth in Paragraph B One (B) (1) hereinabove, in each position, subject area, grade level, and/or assignment to have the number of teachers reduced, non-permanent teachers will be released before semi-permanent teachers and semi-permanent teachers will be released before permanent teachers. However, no permanent teacher will be released if there is a position for which that teacher is qualified which is currently occupied by a semi-permanent or non-permanent teacher, and likewise, no semi-permanent teacher will be released if there is a position for which that teacher is qualified which is currently occupied by a non-permanent teacher.
C.Selection for release among non-permanent and/or semi-permanent teachers shall be in accordance with the provisions of Paragraph B hereinabove and also according to length of service in this School Corporation, those with the least amount of service being lad off first. However, selection for release among non-permanent and/or semi-permanent teachers shall not be according to such length of services in cases where the Board of School Trustees determines such to be not in the best interests of this School Corporation.
Permanent teachers shall be released in accordance with the provisions of Paragraph B hereinabove and also according to length of service in this School Corporation, those with the least amount of such service being laid off first.
"Length of service" shall be from the date the regular teaching contract was signed by the teacher. The contract date which controls length of service shall be the earliest regular contract commencing the most recent period of continuous employment in a position in this School Corporation. Where two (2) or more employees have the same controlling contract date, lots shall be drawn to determine the most senior. For purpose of this Section, approved unpaid leaves of absence neither add to nor interrupt "continuous employment".
D.A teacher on leave of absence shall be eligible for release as a result of such reduction in the number of teachers. A teacher shall be eligible for recall pursuant to the provision of Paragraph E hereinbelow.
E.The Superintendent shall maintain a list of teachers who have been released according to this Article. Unless otherwise terminated, each such teacher so released shall remain on this list for a period not to exceed fifteen (15) months from the date of release. Each such teacher shall advise the Superintendent by certified mail every six (6) months of his/her desire to remain on said list and of any change in address. Failure to so advise the Superintendent shall cause the deletion of such teacher's name from said list. Notice given hereunder by such teacher shall be deemed given when delivery there of has been receipted for.
If the Board of School Trustees determines that a position becomes available, the Superintendent shall offer the position to such teacher on said list who has been most recently subjected to reduction-in-force and who both is properly certified (certification held when released) and was last employed in the position, subject area, grade level, and/or assignment. Said teacher shall have five (5) calendar days to notify the Superintendent, in writing, of acceptance of the offered position. Failure to report to work on the date and at the time specified in the notice of recall shall result in forfeiture of recall status, and any employment relationship shall be considered terminated. However, such teacher under contract with another school corporation may fulfill that contract for the remainder of the current school year without losing the recall privilege established hereinabove, provided that said teacher responds, appropriately, in writing, to recall notification. In the event, the teacher is also required to notify the Superintendent, in writing, not later than April 1st of his intent to return to this School Corporation the following school year. Failure to so respond will result in forfeiture of recall status and any employment relationship shall be considered terminated.
F.Teachers released under this Article have no contract rights, are dismissed without pay, and will not be entitled to years of experience, benefits, or leaves of any kind. If recalled to service during the recall period, said teachers shall have restored all previously accumulated benefits and leaves as such existed at the time of release.
ARTICLE X
VACANCIES AND TRANSFERS
A.Vacancies
All vacancies in present positions or newly created positions including extra-curricular positions, shall be posted by the Superintendent, on the bulletin board at the Superintendent's Office and in each school's teacher's workroom. Vacancies will be posted for five (5) days prior to filling of the vacancy. In cases of emergency this time limit will be waived after discussing the emergency with one of the following: MGTA President, Designee, or Discussion Team.
B.Internal Vacancies
All vacancies in present positions or newly created positions that are to be filled internally will be posted on the bulletin board at the Superintendent's office and in each school's teacher workroom. Each vacancy will be posted on the internal vacancy form for 5 days prior to the filling of the vacancy. In cases of emergency, this time limit will be waived after first discussing the emergency with one of the following: MGTA President, Designee or Discussion Team.
C.Transfers
In cases of transfers, whenever possible, properly licensed and qualified volunteers will be solicited by the administration and posted in each school's teacher's workroom and on the bulletin board in the Superintendent's Office. If there are no satisfactory volunteers found, the administration will decide what area the transfer will be chosen from and announce this. Properly licensed and qualified volunteers will be sought from that area. If none are found, the teacher with the least seniority and proper license will be transferred first from that area. Transfers will be posted for three (3) days prior to the filling of the transfer. In cases of emergency this time limit will be waived after first discussing the emergency with one of the following: MGTA President, Designee, or Discussing Team.
ARTICLE XI
COMMITMENT TO FOLLOW
INDIANA CODE ON TEACHER DISMISSALS
The Board agrees to follow the appropriate laws as listed in the Indiana Codes on all teacher dismissals.
ARTICLE XII
TERM OF AGREEMENT
This Contract shall be effective as of August 1, l999, and shall continue in effect for one (1) year until July 31, 2000, with the exception of those provisions which specially go into effect or expire by their terms at such other dates. This Contract shall not be extended orally and it is expressly understood that it shall expire on the date indicated. Whenever any notice is required to be given either of the parties to this contract to the other party, either shall do so by registered letter at the following address:
If by the Association to the Board,
at Monroe-Gregg School District
Post Office Box 468
Monrovia. IN 46157
If by the Board to the Association at Monroe-Gregg Teachers Association
6666 E. 75th Street, #525
Indianapolis, IN 46250
This Contract is made and entered into at Monrovia, Indiana, on this 24th day of November, 1999, by and between the Board of School Trustees of the Monroe-Gregg School District, County of Morgan, State of Indiana, party of the first part, heretofore referred to as the "Board", and the Monroe-Gregg Teachers Association, affiliated with the Indiana State Teachers' Association and the National Education Association, party of the second part, heretofore referred to as the "Association". This Contract is so attested to by the parties whose signature appear below:
BOARD OF SCHOOL TRUSTEES MONROE-GREGG TEACHERS'
OF THE MONROE-GREGG ASSOCIATION
SCHOOL DISTRICT
____________________________
APPENDIX A
MONROE-GREGG SCHOOL DISTRICT
Education Level
Yrs. BA BA + 15 MA MA + l5
0 $26,543 $27,366 $28,267 $28,872
1 27,161 27,977 29,005 29,621
2 27,775 28,594 29,756 30,376
3 28,389 29,214 30,513 31,124
4 29,005 29,826 31,260 31,887
5 29,621 30,443 32,015 32,634
6 30,242 31,062 32,837 33,454
7 30,854 31,672 33,659 34,274
8 31,465 32,285 34,480 35,089
9 32,086 32,907 35,301 35,916
10 32,699 33,521 36,123 36,735
11 33,312 34,135 37,217 37,831
12 33,926 34,748 38,312 38,928
13 34,539 35,362 39,405 40,018
14 35,153 35,976 40,503 41,114
15 35,767 36,589 41,598 42,213
16 36,380 37,203 42,690 43,304
17 36,994 37,816 43,785 44,398
18 37,607 38,430 44,870 45,495
19 38,221 39,044 45,976 46,589
20 38,835 39,657 47,090 47,685
21 39,448 40,271 49,018 49,610
The Board will pay the teacher's three percent (3%) contribution to the Indiana State Teacher's Retirement Fund.
Compensation for teachers teaching in State approved summer school programs shall be computed in accordance with State Law.
The Board will provide a 403(b) matching annuity program. This program will include a Board paid Matching amount of up to 1% of one percent of each teacher's salary on the salary schedule.
The Board agrees to establish a committee for the purpose of studying a salary schedule which would compensate teachers for professional development. The committee will consist of three (3) teachers approved by the Association and three (3) administrators approved by the Superintendent.
APPENDIX B
MONROE-GREGG SCHOOL DISTRICT
1999-2000
Athletic Director 4,411 Honor Society - High School 267
Assistant Athletic Director 1,900 Honor Society - Jr. High 267
Band Director 3,134 Student Government (4) 220
Assistant Band Director 2,564
Flag Corp/Winter Guard 1,127 ELEMENTARY CLUBS
Show Choir Director 1,008 Chess Club (2) 122
Garden Club 122
Cheerleader Sponsor.-Var & Resv 891 Technology Club 122
Cheerleader Sponsor-Fresh & Jr High 777 Young Astronauts (2) 122
Drama - Elementary (2) 122
Baseball - Varsity 2,014 Academic Coach (no prep) 2,022
Baseball - Assistant 1,236 Academic Coach (w/prep) 705
Academic Coordinator 220
Basketball - JV/Reserve Boys 2,242 Academic Coaches (13) 220
Basketball - Boys Assistant 1,764 Brain Gram 935
Basketball - Freshmen Boys 1,672
Basketball - Boys Jr. High (2) 1,500 Class Sponsor - Freshmen (2) 220
Basketball - JV/Reserve Girls 2,242 Class Sponsor - Sophomores (2) 220
Basketball - Girls Assistant 1,764 Class Sponsor - Juniors (2) 891
Basketball - Girls Jr. High (2) 1,500 Class Sponsor - Seniors (2)
220
Soccer - Boys 1,138 Cross Country - Varsity 1,434
Soccer - Girls 1,138 Cross Country - Jr. High 949
Track - Boys Varsity 2,014 Football - Assistant (2) 2,700
Track Boys Assistant 1,236 Football - Freshmen 2,168
Track - Jr. High Boys 949 Football - Jr. High (2) 1,559
Track - Girls Varsity 2,014 Football - Jr. High Assistant 1,100
Track - Jr. High Girls 949
Golf - Boys 1,839
Drama Sponsor 1,008 Golf - Girls 1,839
Dismissal/Parking Lot Duty 220 Softball - Varsity 1,839
Softball - Assistant 1,127
FCA 423
Volleyball - Varsity 2,562
Computer Coordinator (1 per Building) 550 Volleyball - Assistant 1,341
Volleyball - Jr. High (2) 949
Wrestling - Assistant 1,331
Wrestling - Jr. High 949
Department Chairperson (HS) 381
Elementary Chairperson & PBA 604
Elementary Chairperson (only) 423
Elementary PBA (only) 181
FHA 210
Intramural Director 142
Yearbook 1,331
Newspaper 551
Strength Coach 487
Spell Board 275
TAT - Elementary 385
Drive Education $24/hr
Basketball - Boys & Girls Varsity
1 year 3,866
2 years 4,274
3 years 4,682
4 years 5,090
5 years 5,500
Football - 1 year 3,866
2 years 4,274
3 years 4,682
4 years 5,090
5 years 5,500
Wrestling - 1 year 2,211
2 years 2,458
3 years 2,705
4 years 2,952
5 years 3,200
APPENDIX C
MAKE-UP DAYS
Allow in the calendar two mutually agreed upon days of break to be used as make-up days as necessary. Then allow three days immediately following the last student day for make-up days if necessary. Teacher Record Day shall follow any make-up days. Teachers will make every effort to be in attendance on make-up days. If more than five (5) days need to be made up, the Board of School Trustees shall hold an emergency meeting following the additional days missed to determine the procedure to be followed.
APPENDIX D
MONROE-GREGG SCHOOL DISTRICT
GRIEVANCE REPORT
Date File ___________________________Building ______________________
______________________
______________________
______________________
Name of Grievant ______________________________________________________________
Assignment ___________________________________________________________________
Date Cause of Grievance Occurred _________________________________________________
______________________________________________________________________________
Statement of Grievance:
Relief Sought:
Disposition by:___________________________________________
(SUBMIT IN DUPLICATE)