Cascade Bargaining Council

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

CASCADE BARGAINING COUNCIL

AND

CROOK COUNTY SCHOOL DISTRICT

2019 - 2022

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TABLE OF CONTENTS ARTICLE NAME PAGE PREAMBLE ........................................................................................................ 2

ARTICLE I Status of Agreement ..................................................................... 2

ARTICLE 2 Management Rights and Responsibilities .................................. 3

ARTICLE 3 Strikes and Lockouts ................................................................... 3

ARTICLE 4 Grievance Procedure .................................................................... 4

ARTICLE 5 Council Security ........................................................................... 7

ARTICLE 6 Rights of Professional Employees .............................................. 7

ARTICLE 7 Nondiscrimination ........................................................................ 10

ARTICLE 8 Compensation ............................................................................... 10

ARTICLE 9 Employee Work Year .................................................................... 15

ARTICLE 10 Hours, Assignments, and Transfers ........................................... 15

ARTICLE 11 Vacancies and Transfers.............................................................. 17

ARTICLE 12 Unpaid Leaves .............................................................................. 18

ARTICLE 13 Paid Leaves ................................................................................... 19

ARTICLE 14 Jury or Witness Duty .................................................................... 22

ARTICLE 15 Tuition Reimbursement ................................................................ 22

ARTICLE 16 CBC Rights .................................................................................... 24

ARTICLE 17 Teaching Materials and Equipment ............................................. 25

ARTICLE 18 Complaint Procedure ................................................................... 26

ARTICLE 19 Reduction in Force ....................................................................... 27

ARTICLE 20 Personnel Files ............................................................................. 29

ARTICLE 21 Savings Clause ............................................................................. 29

ARTICLE 22 Site-Based Decision Making ........................................................ 29

ARTICLE 23 Duration and Termination ............................................................ 29

SIGNATURE PAGE ........................................................................................................ 31

APPENDIX A Salary Schedule 2019-2020 ... .................................................. 32 APPENDIX B Salary Schedule 2020-2021 (TBD) ............................................... 33 APPENDIX C Section 1: Extra Duty Activities .................................................. 34 Section 2: Extra Duty Salary Schedule & Index 2019-2020 ...... 37 Section 3: Extra Duty Salary Schedule & Index 2020-2021 (TBD) 39 Section 4: Extra Duty Comments ............................................... 40 MEMORANDUMS OF UNDERSTANDING Equity of Duty Study Group ......................................................... 41

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PREAMBLE This Agreement is by and between the Board of Education on behalf of the Crook County School District; County Unit; Crook County, Oregon, hereinafter referred to as the “District,” and the Cascade Bargaining Council, hereinafter called the “CBC,” affiliated with the Oregon Education Association, hereinafter called the “OEA,” and the National Education Association, hereinafter called the “NEA.” Whereas, the District and the CBC recognize the need to work together in providing resolution of mutual concerns in the establishment of a harmonious working environment and whereas, the District has a statutory obligation, pursuant to the Oregon Revised Statutes 243.650 to 243.782, to negotiate with the CBC as the representative of its teaching personnel, hereinafter referred to as employee(s), with respect to wages, hours, terms, and other conditions of employment, and whereas the parties have reached certain understandings which they desire to confirm in the Agreement. In consideration of the foregoing it is agreed as follows:

ARTICLE I STATUS OF AGREEMENT

A. The District recognizes the CBC as the sole and exclusive bargaining

representative for all employed certificated teaching employees regularly scheduled to work fifteen (15) hours or more per week and appointed to positions requiring certification. Confidential and supervisory personnel shall be excluded. Newly appointed employees assigned to positions as delineated above shall be considered part of the bargaining unit upon commencement of active employment when it is known that their period of employment will exceed ninety (90) consecutive days. Reference to “employee” or “employees” in this Agreement is intended to include all bargaining members, including the school nurse.

B. If any policies, rules, or regulations are contrary to the express and specific terms

of this Agreement, the provisions of this Agreement shall apply. There shall be two signed copies of the final Agreement for the purpose of records.

One shall be retained by the District and one by the CBC. All employees new to the District will be provided with a copy of the contract by the District at the time of their employment.

ARTICLE 2

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MANAGEMENT RIGHTS AND RESPONSIBILITIES The District, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself all powers, rights and authority, duties and responsibilities conferred upon and invested in it by the laws and Constitution of the State of Oregon. Such powers, rights, authority, duties and responsibilities shall include but are not limited to: 1. The executive management and administrative control of the school system and

its properties and facilities. 2. The hiring of all employees and, subject to the provisions of law and this

Agreement, to determine their qualifications and the condition for their continued employment or their dismissal or demotions and promotion and transferring all such employees.

The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations, and practices shall be limited only by the specific terms of this Agreement and then only to the extent that such specific terms are in conformance with the Constitution and laws of the State of Oregon. Nothing in this Agreement shall limit, in any way, the District’s contracting or subcontracting of work; or shall require the District to continue in existence any of its present programs in its present form and/or location, or on any other basis. It is specifically understood that there shall be no obligation to bargain with respect to the decision to contract or subcontract work or with respect to the impact of such decision.

ARTICLE 3 STRIKES AND LOCKOUTS

Inasmuch as there are other means, both by law and through this Agreement, for the resolution of the disagreements that may from time to time arise during the term of this Agreement, the parties agree as follows: 1. During the term of this Agreement, the District shall not, as a result of a dispute

with the Council, deny employment to any member of the bargaining unit. 2. During the term of this Agreement, the Council or its members will not participate

in any of the following activities directed against the District to include any strike, slowdown, or other concerted activity including the observance of the picket line of another labor organization. In the event any of the above defined prohibited activities are directed against the District by the Council or members of the bargaining unit, the District may discipline, including discharge, any individual employee involved in such prohibited activities on a uniform or selective basis.

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3. The prohibitions contained in this Article shall not apply to those issues for which

the parties have engaged in expedited bargaining and satisfied the obligations and procedures contained in ORS 243.698.

ARTICLE 4 GRIEVANCE PROCEDURE

A. PURPOSE

The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to problems, which may from time to time arise. Neither the Council nor the District shall exercise any restraint or coercion against any employee because they have filed a grievance or choose not to file a grievance. These proceedings will be kept informal and confidential, consistent with the ultimate goal of resolving the grievance at each step of the grievance procedure.

B. DEFINITIONS

1. Contract Grievance: A “grievance” is a claim by an employee, a group of employees, or the CCEA of a violation of a specific provision(s) of this Agreement.

2. Equity Grievance: A claim by an employee, group of employees, or the

CCEA of an inequitable application of District policy, an unfair change in District policy or practice, or an arbitrary and capricious administrative decision or action.

3. Aggrieved Person: An “aggrieved person” is the person, a group of

employees identified by name, or the CCEA making the claim.

C. TIME LIMITS

Days, as specified herein, shall mean calendar days except that when the last day for action by the CCEA or the District falls upon a Saturday, Sunday, legal holiday (as specified in ORS 187.010), or upon any employee vacation period (i.e., Christmas or spring vacation) excepting summer vacation, the last day for action shall automatically extend to the first day not listed above.

The failure of the District to respond within time limits set forth herein will constitute a rejection of the grievance at that level and thereby allow the CCEA to take the grievance up at the next step within the limit specified therein. Failure of the CCEA to comply with a time limit set forth herein shall constitute a withdrawal of the grievance.

The time limits specified may be modified only by written agreement.

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D. PROCEDURE

1. Step One - Immediate Supervisor (informal): The grievant shall, within twenty-one (21) days of the knowledge of the act or condition, which is the basis of the grievance, first discuss it with the immediate supervisor, either directly or through a CCEA representative, with the object of resolving the matter informally. The immediate supervisor shall have seven (7) days in which to make a verbal response. “Immediate supervisor,” as used herein, shall mean the person who holds evaluation responsibility for the employee.

2. Step Two - Immediate Supervisor (formal): If the CCEA is not satisfied

with the disposition of the grievance at Step One, it may file the grievance in writing with the immediate supervisor within seven (7) days after the decision at Step One has been received. In no event shall such written filing occur more than twenty-eight (28) days after the occurrence of the grievance or the grievant’s first demonstrated knowledge of same. The written grievance shall specify the specific management action or lack of action that is the cause of the grievance, the contract article or articles and sections thereof (applies only to contract grievances) alleged to have been violated, and specifically state how the action or inaction of management violated the contract article or articles and the specific remedy sought. The immediate supervisor shall have seven (7) days in which to respond in writing to the grievance.

3. Step Three - Superintendent: If the aggrieved person is not satisfied with

the decision of the principal, the grievance may be presented to the Superintendent by filing all correspondence presented or received at prior steps with the Superintendent within seven (7) days after the completion of Step Two procedures. If the aggrieved person desires a hearing before the Superintendent, the request must accompany the correspondence. The Superintendent will have seven (7) days in which to hear the grievance and seven (7) more days to make a written response to the grievance. The Superintendent can elect not to hear the grievance. In such case, the Superintendent will have seven (7) days in which to make a written response to the grievance.

4. Step Four - School Board: If the aggrieved person is not satisfied with the

decision of the Superintendent, the grievance may be presented to the Board by filing all correspondence presented or received at prior steps with the clerk of the Board within seven (7) days after the completion of Step Three procedures.

If the aggrieved person desires a hearing before the Board, the request must accompany the correspondence. The Board will hear the grievance within thirty-one (31) days or by the next regularly scheduled Board meeting,

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whichever is greater. The Board will have seven (7) days following the hearing in which to make a written response to the grievance.

Unless the grievance is a contract grievance, the Board’s decision shall be final and binding.

5. Step Five - Arbitration: If the aggrieved person is not satisfied with the

decision of the Board and if the grievance is a contract grievance, the matter may, within seven (7) days of completion of Step Four procedures, be submitted to arbitration as follows:

a. Within seven (7) days of District receipt of written notification from the

CCEA of their desire to arbitrate the grievance, the parties will attempt to select an arbitrator and obtain a commitment from such arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the seven (7) days period, the CCEA shall within seven (7) days request a list of seven (7) arbitrators, who reside or maintain an office in Oregon, from the Oregon State Mediation and Conciliation Service. Upon receipt of such arbitration list, the parties shall have seven (7) days in which to select an arbitrator by alternately striking from the list. The party to strike the first name shall be determined by lot.

b. The designated arbitrator shall set a time and place for hearing, which

is agreeable to both parties. Expenses of the arbitrator shall be borne equally by the parties; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available without charge to the arbitrator. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies.

The arbitrator shall have the authority to consider only a claim based upon a

specific provision of this Agreement, and shall have no authority to add to, modify, or detract from this Agreement. Any decision of the arbitrator within the scope of this Agreement shall be final and binding upon the parties.

E. RIGHTS OF EMPLOYEES TO REPRESENTATION

Any aggrieved person may be represented at all stages of the grievance procedures by himself or herself, or at his or her option, by a representative selected or approved by the CCEA. The CCEA shall have the right to be present and to state its view at all stages of the grievance procedure, after Step One.

No grievance shall be pursued to binding arbitration (Step Five herein) except by the CCEA.

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F. GRIEVANCE FILES

All documents, communications, and records of a grievance will be filed in the school district office separately from the personnel files.

ARTICLE 5 COUNCIL SECURITY

A. The District shall collect regular monthly CBC dues in the case of employees who

are or become members of the CBC, as provided in ORS 292.055.

B. Employees who are now members of the CBC and employees hereafter hired who become members of the CBC shall have the right to terminate such membership by sending a withdrawal statement in writing to the CBC, with a copy to the District, within the thirty (30) day period preceding the next ending of this Agreement.

C. The CBC will indemnify, defend, and hold the District harmless against any claims

made and against any suit instituted against the District on account of any action taken under the provision of this Article.

ARTICLE 6 RIGHTS OF PROFESSIONAL EMPLOYEES

A. DUE PROCESS AND JUST CAUSE

1. Due Process: No member of the bargaining unit shall be given a written reprimand, reduced in basic compensation, or suspended without pay without due process. Due process is defined for the purpose of this section to be: a. The employee will be told the charges and given the information

forming the basis for such action. b. The employee will have the opportunity to respond to the charges. c. The employee will have an opportunity to discuss the matter with

his/her supervisor.

The employee shall be allowed to be accompanied by a representative of the CBC at any meeting held pursuant to any one of the above-specified due process steps.

2. Just Cause: No member of the bargaining unit shall be given a written

reprimand, denied a longevity step, or suspended without pay without just cause.

3. Limitations: The provisions of this section shall not apply to the non-

renewal or dismissal of a contract or probationary employee since matters are governed by the Fair Dismissal Law [ORS 342.805-930].

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B. REPRESENTATION RIGHTS In conformance with Oregon law, a bargaining unit member shall be entitled to the presence of a CBC representative during any meeting, which might reasonably be expected to lead to disciplinary action. If, during the course of a meeting between the bargaining unit member and a supervisor, the member develops a reasonable belief that the meeting may result in discipline, the member may request representation and the meeting shall not continue until representation is obtained.

C. EVALUATION OF STUDENTS

The employee shall maintain the right and responsibility to determine grades and other evaluations of students. Provided that the employee grades in accordance with District Policy and/or administrative rules of the State Board of Education, no grade or evaluation shall be changed without approval of the employee, unless the employee is not available and the District has made every reasonable effort to contact the employee. In the event the District is required to contact the employee and the District is unable to reach the employee, either in person or by telephone, the District shall send a certified letter to the employee’s address on record with the District.

D. CRITICISM OF TEACHERS

Supervisors, administrators, or Board members shall use discretion and shall avoid criticism of bargaining unit members, especially in the presence of students, parents, or other bargaining unit members or in public gatherings.

E. COMPLIANCE BETWEEN INDIVIDUAL CONTRACT AND MASTER

AGREEMENT

Any individual contract between the District and an individual employee heretofore or hereafter executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement during its duration shall be controlling.

F. CONSTITUTIONAL RIGHTS Nothing contained herein shall be construed to deny any employee his/her rights

under the Constitution and laws of the United States and the State of Oregon or under other applicable laws and regulations.

G. EVALUATIONS

1. The parties agree to follow the requirements contained in ORS 342.850.

2. The parties agree that the primary objectives of evaluations are to improve the quality of learning opportunities for students.

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3. Prior to conducting observations, administrators will meet with employees as a group to discuss evaluation criteria and performance standards.

4. Observations of the work performance of an employee shall be conducted

openly. The purpose for such observations is not only to observe the employee in the classroom situation but also to evaluate and guide such employees in a positive and helpful way. Probationary teachers/employees will be observed at least two (2) times each school year.

5. The employee shall electronically sign the annual evaluation copy

acknowledging receipt of the employee’s copy. The teacher shall be provided with the opportunity to respond in writing to the annual evaluation.

6. When deficiencies are noticed, an employee may be placed on a plan of

assistance. A plan of assistance, developed by the evaluator after consultation with the affected employee, shall include:

a. The specific deficiencies and expectations, b. If appropriate, the specific assistance to be provided by the District, c. The timelines for improvement, and d. A record of progress reports and, if appropriate, conferences during

the term of the plan.

7. It is agreed that employees will be evaluated in accordance with the District evaluation policy. Any claim of a violation of the evaluation policy or this Article may be pursued as an equity grievance in accordance with Article 4. The District will, pursuant to ORS 342.850, consult with employees belonging to and appointed by the CBC before making any changes in the evaluation policy in effect at the time this Agreement is signed.

H. STUDENT DISCIPLINE

A District and building student discipline policy will be developed and made available to all employees and shall include procedures, criteria, and processes for dealing with substantially disruptive, threatening, or presently potentially dangerous students. Where it is apparent to an employee that actions of a student reasonably constitute a danger to the safety of the employee or a substantial disruption to the learning process and removal is not inconsistent with a student’s IEP, the employee may temporarily remove the student from the classroom. If the employee communicates to the administrator a desire to confer before a student is returned to the classroom, the administrator will make a diligent effort to do so. If a conference cannot be held prior to the student being returned to class, the administrator will do so as soon as possible after the student’s return. Subject to the procedures, criteria, and processes adopted in the District and building student discipline policies, any decision by the building administrator regarding the return of the student to the classroom shall be final.

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I. MAINTENANCE OF PAY

There shall be no reduction in pay except as specifically provided for herein. This section shall not be construed so as to place a bar or limitation on the District’s right to lay off employees pursuant to Article 18 hereof.

J. PERSONAL LIFE

An employee’s personal life shall not be the basis of a written reprimand or adversely affect an employee’s evaluation or employment status unless the employee’s job performance is negatively impacted or actions by the employee result in a disruption to the learning environment.

ARTICLE 7 NONDISCRIMINATION

The District and the Council agree that neither party will illegally discriminate against any bargaining unit member based on the employee's race, color, religion, marital status, political beliefs, national origin, sex, age, disability, or membership or non-membership in the union.

ARTICLE 8 COMPENSATION

A. WAGES

The salary schedule for fiscal year 2019-2020 is set forth in Appendix A, as is the index for the schedule. The 2019-2020 extra duty schedules are set forth in Appendix C and shall reflect an increase of 3.0% to the 2018-19 extra duty schedules.

The list of extra duty activities and salary schedules are set forth in Appendix C, Sections 1, 2 and 3.

Reimbursement of authorized automobile usage is set forth in Section D of this Article.

B. FRINGE BENEFITS

1. The District will provide full family medical insurance, full family dental insurance, and full family vision insurance. If Oregon Educators Benefit Board ceases to exist, the District and Association agree to meet and confer.

2. For the 2019-2020 insurance year, the District will pay up to $1,280 per

employee per month toward the premium costs of the health insurance coverage indicated above.

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For employees who choose the High Deductible Health Plan (currently Moda Plan Evergreen) the District will place any difference between the premium paid for that plan and up to the amount of the District cap into an employee created HSA (up to the maximum allowed by IRS). Prior to any contributions from the District, the employee will be responsible for establishing the HSA account and providing the District with necessary deposit information. Any contributions are subject to the applicable rules and regulations of the Oregon Educator Benefit Board (OEBB), the Oregon Department of Revenue and the Internal Revenue Service (IRS).

3. If two bargaining unit members are both employed by the District and are

either married or qualify for insurance based on their status as “domestic partners”, one of the employees may “opt out” of District paid/OEBB insurance (medical, dental, vision). In such case, the District agrees to pay the full premium amount for the highest available plan for the employee not opting out and to provide the employee who opts out with a monthly payment equal to 30% of the cap amount that would have otherwise been paid for that employee.

4. Employees eligible for a District insurance contribution, but who wish not to

obtain insurance coverage, may “opt out” of all insurance coverage (medical, dental and vision) so long as it is lawful and is in accordance with Oregon law and the rules as set forth by the Oregon Educator Benefit Board allowing for insurance opt out. Employees choosing to opt out must provide proof of other insurance coverage as required by the Oregon Educator Benefit Board. If an eligible employee chooses to opt out of insurance coverage, the employee’s decision will be effective until the next open enrollment period unless reinstatement is otherwise provided for by law or Oregon Educator Benefit Board regulation. In the event insurance coverage is reinstated the stipend shall cease. It is the intent of the parties that an employee shall not receive any insurance benefit and any portion of the stipend in the same month.

An eligible employee who opts out of the District insurance benefit by meeting the requirements outlined above shall receive a monthly stipend in lieu of the contractual insurance cap and such payment will be considered taxable income. Effective October 1, 2017 the monthly stipend will be $350.

Should the Oregon Legislature take action, which would invalidate or change the employee’s ability to utilize the insurance opt out provision, or result in additional cost to the District beyond the $350 stipend, the District and Association will meet, discuss and bargain this issue further.

5. The District shall provide a long-term disability insurance program. The cost

of the LTD premium shall be paid by the employee.

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6. The District shall provide a Section 125 program.

7. Any employee who works the regularly scheduled school year, as specified in Article 9 hereof, shall receive fringe benefits for a full calendar year commencing on October 1, and terminating on the following September 30. Any employee who begins the school year but whose employment with the District is terminated before the end of the regularly scheduled year or who is placed on a leave of absence without pay and remains on such leave through the end of the school year, shall receive fringe benefits in a manner prorated to the months worked.

Any employee who commences employment or returns from a nonpaid leave after the beginning of the regularly scheduled school year shall receive fringe benefits beginning upon the first of the month following the month in which employment commenced, and continuing in a manner prorated to the months worked. However, if the employee has been offered and has accepted a teaching position with the District for the following school year, fringe benefit coverage shall be continued through September 30th.

Any employee, who has a break in service, including a nonpaid leave not covered by the above, shall have no interruption of fringe benefits coverage if such break is for thirty (30) calendar days or less. If such break in service is greater than thirty (30) calendar days, the employee shall have fringe benefits coverage in a manner prorated to the months worked and shall recommence fringe benefit coverage on the first of the month following re-commencement of active employment. Such employees shall also receive fringe benefit coverage for the months of July through September, but only if they have been offered and have accepted a position for the following school year.

Employees who work part-time shall be eligible for a pro rata fringe benefit contribution based upon the relationship their workweek bears to that of a full-time employee.

C. PERS PICKUP

For the duration hereof, the District agrees to pay the employee portion (six percent) of the Public Employees Retirement System contribution, including by contribution of the employee’s payment into the PERS-administered transition account.

D. MILEAGE REIMBURSEMENT

Employees authorized in the course of their work to drive personal automobiles from one school building to another shall receive an automobile allowance at the current Internal Revenue Service (IRS) allowed deduction for business mileage. In the event the IRS does announce an increase in the allowed deduction for

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business mileage, such increase shall be effective upon the first of the month following the months in which the increase is announced. The same allowance shall be given for use of personal automobiles for authorized field trips or other authorized business of the District.

E. SALARY SCHEDULE PLACEMENT AND ADVANCEMENT

1. Initial Placement: Initial placement on the salary schedule shall be dependent upon hours that are directly related to the employee’s teaching assignment, TSPC endorsement area, planned TSPC endorsement area, or present or future building needs determined by the District. Individuals who have degrees in fields other than education may have their credits evaluated by the Superintendent who will have the authority to award the credits. A negative decision by the Superintendent may be appealed to the Board of Directors.

2. BA Plus Advancement: All credit for column advancement shall be for

hours taken subsequent to conferment of a Bachelor's Degree. Such hours must be pre-approved coursework directly related to the employee’s teaching assignment, TSPC endorsement area, planned TSPC endorsement area, or present or future building needs determined by the District.

3. MA Plus Advancement: Advancement beyond the MA column shall be for

hours taken subsequent to conferment of the Master’s Degree. Such hours must be pre-approved coursework directly related to the teacher's teaching assignment, TSPC endorsement area, planned TSPC endorsement area, or present or future building needs determined by the District.

4. Coursework Advancement: Advancement on the salary schedule shall

occur based only on successful completion (grade of "C" or above) of pre-approved graduate level coursework directly related to the employee’s teaching assignment, TSPC endorsement area, planned TSPC endorsement area, or present or future building needs determined by the District, or presented for credit by the District. Coursework for which advancement was denied prior to July 1, 1999, may not be revisited or resubmitted for advancement.

F. REMOTE SCHOOL PAY

Those employees assigned to Paulina or Brothers shall receive $500 per annum for remote school assignment pay.

G. SALARY DISBURSEMENT

An employee can elect to receive his/her annual salary in ten (10) equal payments rather than twelve (12) equal payments beginning with the September check.

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Requests must be in the District office by the first student contact day of any year to do so. The District will provide information to all new hires regarding this section.

H. TSA'S

TSA’s shall be paid to the appropriate institution within five (5) days of deduction from the employee’s salary. July and August TSA’s shall be paid with the June TSA.

I. EXTRA DUTY SCHEDULE

The extra duty salary schedule for fiscal year 2017-18 and 2018-19 shall be the schedule set out in Appendix C, Sections 2 and 3.

J. NATIONAL BOARD CERTIFICATION

The District shall pay any employee who attains National Board Certification an additional compensatory stipend of One Thousand Dollars ($1,000) per year for up to five years, so long as the employee remains employed by the District. The annual NBC stipend shall be paid in monthly installments in the same manner that salary is disbursed.

K. BOARD REQUIRED WORK COMMITTEES

The District will consult with the Association on the makeup of specific District committees. If an agreement cannot be reached, then the District will appoint members. Committee members will be paid at curriculum rate if the committee meets after hours. An employee who is a member of the committee and is eligible for pay at the curriculum rate as a result of meeting after the regular work day, must submit their time sheet within sixty (60) days of the meeting in order to receive payment. Committees affected by this article are: text book adoption, report card, calendar, book review, achievement compact, safety and any other committee required by state, federal or local law.

ARTICLE 9 EMPLOYEE WORK YEAR

A. SCHOOL CALENDAR It is recognized that the District has the responsibility to set the annual school

calendar. The calendar for each school year during the term of this Agreement shall be 190 contract days. The number of contract days will differ for positions scheduled for shortened work weeks, and will be based on the regular school year.

The contract year shall include four (4) paid holidays as follows:

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Labor Day Veterans Day

Presidents’ Day Memorial Day

On regularly scheduled student-teacher contact days that students are not

required to attend school because of inclement weather, the teacher will not be required to report. Such days not worked shall be without loss of pay; however, the District may, at its discretion, require that the same number of days lost be made up at some later time in the school year without payment of additional monies.

Two (2) workdays, or the equivalent amount of time, will be assigned each year for

planning, collecting, scoring, and recording of student work samples. Grading days: Two full days, one at the approximate mid-point of each semester

will be assigned for progress reports (student academic performance status). Two full days for calculating, documenting and reporting student summative performance (grades) will be assigned the last week of each semester. Each level (elementary, middle school and high school) will determine by the third week in September, the grading expectations for each of the grading days.

In addition, half of the preschool in-service days shall be devoted to district

workshops and half to individual employee preparation.

ARTICLE 10 HOURS, ASSIGNMENTS, AND TRANSFERS

A. HOURS

The regular workday shall be seven and three-fourths (7-3/4) hours with the beginning and ending to be set by the District. Within the workday the following shall apply:

1. As provided by ORS 342.608, all employees shall receive a thirty (30)

minute duty-free lunch period during which time they shall be free to leave the building.

2. Employees in grades kindergarten (k) through five (5) shall receive a ten

(10) minute break (exclusive of passing time) in the morning and afternoon. This provision may be altered by the principal and at least two-thirds (2/3) of the full time licensed staff regularly assigned to the building. If they choose to adopt a non-conforming schedule, such an agreement shall be memorialized in a Memorandum Of Understanding between the District and the Association. Such employees shall also have a minimum of thirty (30) minutes continuous guaranteed preparation period within the confines of the regular student contact day.

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3. Subject matter employees (currently grades six (6) through twelve (12))

shall, except as provided in Section C hereof, have an assigned preparation period equal in length to one (1) teaching period within the confines of the regular student contact day.

4. The District and Council recognize that occasionally employees will not have

daily preparation time due to unusual circumstances, such as assemblies, drills, and school-wide activities.

5. If elementary specialists (P.E., Library, and Music) programs are eliminated

or reduced, the District and the Council shall, upon timely demand by either party, enter into negotiations for a replacement to this Section A.

6. If a specialist is absent and a substitute is not provided, affected teachers

shall be provided pro rata salary or “flex” time, at the employee’s discretion, for time lost.

B. OUTSIDE DUTIES

Consistent with the expectations traditionally assigned to professional employees, it is recognized that the teachers work hours may often extend beyond the assigned workday. Such additional extra duties may include grading student papers and tests, meeting with parents and community groups, and various other activities. Employees will not, however, be required to chaperone dances, ticket sales, or provide crowd control at athletic events outside regular working hours except by voluntary agreement of the individual(s) involved. Employees who work on school events will receive school passes for those events.

C. ADDITIONAL CLASS ASSIGNMENTS

An employee shall be paid his/her pro rata salary or may take up to one (1) day “exchange time” per year, at the employee’s discretion, for teaching an additional class that is assigned beyond the normal class load; this may be a temporary or permanent arrangement. Except in an emergency, the acceptance or rejection of such an assignment shall be at the option of the employee.

D. EXTENDED CONTRACT

Employees who are assigned work above and beyond the official school calendar year shall be remunerated at their per diem rate for each day in excess of the regular work year.

E. CLASSROOM

The District shall make every effort to furnish each employee with a classroom. Where this is not possible, the employee shall be provided with a locked filing cabinet in each room taught.

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F. DESK

Every effort shall be made to provide each employee a desk in an accessible work area.

G. WORKLOAD REVIEW

When an employee or a group of employees has reason to believe that his/her/their workload is inequitable or unfair, he/she/they shall be allowed to address the issue with his/her/their immediate supervisor. If the issue is not resolved, it may be appealed to the Superintendent for attempted resolution. If not resolved through the Superintendent, the issue may be appealed to the Board. Such workload issue may be processed by the individual or through the Council.

ARTICLE 11

VACANCIES AND TRANSFERS A. POSTING OF VACANCIES

The District shall post in each building and at the District office all teaching, extra duty, department head, and head teacher position vacancies before such positions are filled. Beginning March 1, and continuing through August 1, vacancies applicable to the following school year will be posted within five (5) days after the District has made a final decision to recruit to fill the vacancy. The District will e-mail to employees who possess a school e-mail address, vacancies which are required to be posted under this section. Employees who apply for a vacancy shall be notified as to the District’s action in regard to filling the vacancy within fourteen (14) days of the date that the position is formally filled.

The provisions of this Section shall not apply to vacancies, which are filled by an

involuntary transfer.

It is an employee’s responsibility to check their e-mail and/or the posting. B. TEACHER NOTIFICATION OF DESIRE TO TRANSFER Any employee who desires a change in grade, building, subject area, or extra duty

assignment may notify the District of such desire prior to the end of the school year; however, all vacancies shall be announced and all employees who wish to be considered for same shall apply in accordance with Section A hereof.

C. INVOLUNTARY TRANSFERS

An involuntary transfer shall be defined as a change in the teacher’s assigned building or grade level. When a teacher is involuntarily transferred, the District shall take the training, experience, specific achievements, wishes and convenience of the teacher into consideration when such considerations are not in conflict with the instructional requirements of the District. Employees involuntarily transferred shall have first consideration for any vacancy for which certified. If the

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District denies the placement, the employee may request the reasons for the denial in writing and have a meeting to discuss the reasons.

D. ASSIGNMENT NOTIFICATION

New employees shall normally be advised of their building and grade level or department assignment for elementary or secondary, respectively, at the time of employment. A tentative (for planning purposes only) employee assignment schedule for the upcoming school year shall be posted by the last day of the school year. The District shall make a good faith effort to notify an employee of any changes in assignment that it considers to be a “major change.” A letter to the employee’s last recorded address, personal contact, or telephone call shall constitute notification.

E. INVOLUNTARY TRANSFER SUPPORT

When an employee is involuntarily transferred to a position for which they are licensed but not experienced, the employee may request from their supervisor additional support. Such support could be an assigned mentor, appropriate workshops or release time for observation of related class settings. Such additional support is dependent on available financial resources, and the actual support provided is ultimately at the discretion of the supervisor.

ARTICLE 12 UNPAID LEAVES

A. LEAVE WITHOUT PAY

A certified employee who is employed full-time by the District may be granted leave

of absence without pay for up to one (1) school year when the duties he/she is hired to perform will not be seriously handicapped by his/her absence and provision has been made to provide a qualified substitute.

All requests for leave of absence must be in writing and must establish justification

for approval by the building principal and the District Superintendent prior to February 1st of any school year.

Employees who are granted a leave without pay shall, at all times during their

leave, maintain with the District accurate, up-to-date contact information, specifically telephone number, address and e-mail address.

B. CHILD CARE

In addition to leave based on current federal and state law, an employee may request and shall be granted unpaid leave for up to one (1) year to care for an infant or newly adopted child under six years of age. Such additional leave period shall not exceed one (1) year in length and the employee must return to work at the beginning of a school quarter unless another return date is mutually agreed to

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by the employee and immediate supervisor. The return date from leave must be identified at the time the leave is requested.

C. FRINGE BENEFITS

Employees on unpaid leaves may continue on the District insurance program through COBRA, at their own expense, if approved by the District carrier.

ARTICLE 13 PAID LEAVES

A. TEMPORARY MILITARY LEAVE

Time necessary for employees called to annual active duty for training of any unit of the National Guard or the United States Reserve shall, as provided by ORS 408.290, be granted for a period not exceeding fifteen (15) calendar days in any one (1) calendar year, provided such obligations cannot be fulfilled on days when school is not in session. Such leave shall be without pay if the employee has been employed by the District for less than six (6) months prior to the commencement of the military leave. All other employees will be paid their regular pay in addition to any pay, which is received from the armed services or National Guard.

B. PERSONAL/ EMERGENCY LEAVE

Three (3) days per year with pay is allocated for personal leave. Such leave shall not be taken during the first week of the employee’s school year, the first week of student’s school year, or the last week of the school year. The Superintendent or designee may grant exceptions to the limitations placed on use of personal leave if the Superintendent or designee determines that there are compelling reasons to do so. If qualified substitutes are not available, personal leave shall not be granted. Employees may “cash out” up to two (2) days of personal leave per year at $150 per day. An employee may carry over two (2) days of unused personal leave to the next year. An employee may not have anymore than five (5) personal days in any given year. Employees should apply as soon as possible, and, whenever possible, at least five (5) days in advance.

C. SABBATICAL LEAVE Employees who have completed at least five (5) years of service within the District

may apply for and, upon recommendation by the District superintendent and approval by the School Board, be granted a sabbatical leave for one (1) year for purposes of independent study, enrollment in college or for other purposes which in the District’s judgment would be of significant value to the District. All requests for sabbatical leave must be submitted to the office of the District superintendent no later than the February 1st immediately preceding the school year in which the sabbatical is to be taken. No more than two (2) employees each year may receive approval for sabbatical leave.

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During the sabbatical leave, the employee will be paid two-thirds (2/3) his/her salary and receive all fringe benefits provided for in Article 7, Section B. Upon completion of the sabbatical leave, an employee will return and teach for at least two (2) years in the District or refund on a pro rata basis, based upon the portion of the two (2) years not worked, all compensation paid to or on behalf of the employee, including retirement, medical plan, and employer-paid payroll taxes.

D. BEREAVEMENT LEAVE

When death occurs in the immediate family of an employee, the employee shall be granted up to three (3) consecutive days bereavement leave with pay. Immediate family includes parents or grandparents of an employee or spouse, spouse, children, siblings, or any other individual living in the employee’s household. In addition, employees may request bereavement leave for close friends, subject to prior approval by the immediate supervisor. To the extent Oregon Sick Time law codified in ORS 653.601 through 653.661 applies to employees, employees may utilize Sick Time for purposes of bereavement leave and Sick Time and bereavement leave shall run concurrently.

E. SICK LEAVE

1. Each employee shall be credited sick leave in accordance with ORS 332.507. Sick leave may be used for illness or injury of the employee’s immediate family (as defined in section D above) that requires the presence of the employee.

2. Temporary disability to include pregnancy shall qualify for sick leave

benefits. Paid sick leave shall be available only for the period of actual disability not to exceed the employee’s accrued sick leave balance. To qualify for paid sick leave, the attending physician must certify to the disability. The District may, at its option and expense, obtain a second or additional opinion as to disability where cause to question the employee’s physician may exist.

3. For each day an employee is absent from work he or she shall give notice

to the principal or the person designated by the Superintendent to receive such notice. If the absence is for consecutive days, the principal should be notified of the probable date of return. The Superintendent may require substantiation of the illness.

4. An employee returning from any illness, whether or not sick leave benefits

have been paid, may be required to have a medical examination at the expense of the District or furnish a medical doctor’s certificate of health prior to returning to work in order to safeguard the health of students and fellow employees.

5. If, at the beginning of a school year, an employee previously employed for

at least one (1) school year, is ill and unable to resume his/her teaching

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duties and such employee had unused accumulated sick leave days at the end of the prior school year, he/she will be allowed to use such previously accumulated sick leave days while he/she remains ill and unable to work. Such employee shall not be credited with any additional sick leave days until he/she has returned to his/her duties.

6. All sick leave benefits shall terminate and/or be forfeited upon termination of

employment for any reason.

7. An employee employed in another school district during the immediately preceding year may receive credit for accumulated sick leave up to a total of thirty (30) days, or to such larger number of days as the employee is entitled by law.

8. On the second regular pay period of each year, each employee shall be

given a written accounting of his or her use and accumulation of such leave.

9. Accumulated sick leave at retirement shall be applied to retirement benefits in accordance with ORS 237.153.

10. In accordance with Oregon and/or Federal law, the District may require use

of paid leaves, including sick leave during periods of OFLA/FMLA leave. However, employees may elect to retain up to five (5) days of accrued, unused sick leave during such leave periods for possible use at a future time. This provision is intended to allow use of such retained sick leave after return to work and when such leave would otherwise have been exhausted. It is not intended to allow employees to manipulate such utilization to obtain additional benefits, including, but not limited to, continuation of the District paid health insurance cap during periods when such benefits would not otherwise be available.

11. To the extent Oregon Sick Time law codified in ORS 653.601 through

653.661 applies to employees, employees may utilize Sick Time for purposes of sick leave and Sick Time and sick leave shall run concurrently.

F. COUNCIL BUSINESS

The District shall grant up to a total of ten (10) days with pay (not ten days per employee) to be allotted to various members, as determined by the CBC, for the purpose of attending to CBC business. Substitute teachers must be available before leave can be granted. CBC will reimburse the District for the actual costs of a substitute for such days taken. The Superintendent may grant additional paid days with substitute reimbursement from the Association, for employees to attend to Council business.

ARTICLE 14 JURY OR WITNESS DUTY

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When an employee is called for jury duty or is subpoenaed as a witness before a court, a legislative committee, judicial or quasi-judicial body, he/she will be continued at full salary for the period of required service provided. Such paid leave shall not be available if the employee is appearing on behalf of an action initiated by the CBC or a member of the bargaining unit. If an employee is subpoenaed to appear in court in a case arising out of their employment with the District but not included in the above exclusion, the District shall pay the difference between the daily contracted salary and any witness fees that may be paid. Employees will be expected to report for work when less than a normal workday is required by jury or witness duties.

ARTICLE 15 TUITION REIMBURSEMENT

A. Written approval prior to a course being taken is required for all tuition

reimbursement. Tuition shall be reimbursed under this Article for graduate level coursework directly related to the employee’s current teaching assignment or current TSPC endorsement area. Tuition for graduate level coursework may also be reimbursed under this Article at the discretion of the District for courses that satisfy any TSPC licensing requirement or where the District determines that graduate level coursework supports current or anticipated teaching needs.

B. The due date for applications for tuition reimbursement shall be the due date for

submission of proof of coursework for advancement on the salary schedule. Application for tuition reimbursement must be submitted to the District Office no later than the next Due Date following coursework completion and issuance of grades. Coursework completed prior to July 1, 2000 shall not be eligible for tuition reimbursement.

C. Application for pre-approval of coursework must be submitted to the building

principal prior to enrollment in the course(s). The building principal will review the application and render a decision within ten (10) working days. If the application is denied, the employee may appeal the denial to the superintendent for reconsideration any time prior to completion of the course(s) or the tuition reimbursement application due date, whichever is earlier.

D. Tuition shall be reimbursed at actual cost, up to the average cost per graduate

credit in the Oregon university system of higher education, subject to the maximum District obligation. If the amount of tuition reimbursement applied for in a given year exceeds the District's maximum obligation, reimbursement will be disbursed pro rata based on the total number of credit hours submitted. Disbursement shall only be made to District employees.

E. The District's maximum obligation shall be $50,000 for eligible applications submitted by the Due Date in each year of this agreement.

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F. Applications for reimbursement for non-graduate level coursework, workshops, seminars, conferences, inservice training sessions or such other sessions that an employee requests or may be required or requested to take, must be pre-approved by the District superintendent. The amount of cost that will be reimbursed will be determined at the time approval is made by the District superintendent. Employees must return to Crook County School District the following school year to be eligible to receive the reimbursement.

G. Notwithstanding the forgoing A through F paragraphs, an employee is required to

submit an approved tuition reimbursement professional growth request form together with an official grade report and a receipt showing payment for the class or classes for which reimbursement is being sought on or before October 1 of the year in which the class was taken in order to be eligible for tuition reimbursement. Failure to submit above reference documents shall result in the employee not being eligible for tuition reimbursement as provided in this Article 15. However, if an employee submits the above referenced documents on or before October 1 of the year in which the class was taken, the amount of reimbursement to which the employee is entitled, as provided for in Article 15, shall be paid on or before October 31.

H. Advancement on the salary schedule will occur on October 31 after the employee

submits an official transcript for credits that have been submitted and validated by the District on or before September 30 of the same year.

I. The District and the Association encourage licensed staff to seek National Board

Certification and therefore a licensed employee may take courses for credit and receive tuition reimbursement in accordance with Article 15. A licensed employee may receive tuition reimbursement for the National Board Certification Test prep course, one time only for each component of the test. The District may provide a substitute teacher to cover an employee’s class in the event the employee is taking a National Board Certification Test during the school year. This benefit will be provided once for each component of the certification testing. However, the provisions for a substitute and reimbursement of test prep courses and test registration as set forth above shall only be available for the purposes of first-time: 1) prep course, and 2) test taking, and shall not be available for re-takes in the even that the employee does not receive a passing score on the first attempt. All components of tuition reimbursement including proration are applicable to National Board Certification courses and testing.

ARTICLE 16 CBC RIGHTS

A. INFORMATION

Upon request, the District agrees to allow the CBC access to all public information necessary for its function as exclusive bargaining representative as follows:

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The CBC or its authorized representative shall be provided a copy of any public

information that it may request. Unless there is a significant cost in materials and/or District employee time required to provide such material, it shall be provided without charge to the CBC. When a significant cost is associated with providing requested material, the District shall notify the CBC as to the cost prior to fulfilling the CBC’s request. If the CBC still wants such information, it shall reimburse the District for the cost of providing it.

If there is public information that the CBC would like to receive on a regular basis,

the CBC shall provide written notification to the District whereupon the District, subject to the above reimbursement provisions, will provide the information as it becomes available.

B. RELEASE TIME FOR MEETINGS

Whenever any representative of the CBC or any employee participates during working hours in negotiations or grievance proceedings, he/she shall suffer no loss of pay.

C. USE OF SCHOOL BUILDINGS The CBC or its authorized representative shall have the right to use the school

buildings at all reasonable hours other than school hours for meetings. The principal of the building in question shall be notified 24 hours in advance, if possible, of the time and place of all such meetings. The CBC or its authorized representative agrees to leave the buildings in the same clean condition as when received.

D. USE OF SCHOOL EQUIPMENT

The CBC may have the opportunity to use school facilities and equipment including typewriters, mimeographing machines, other duplicating equipment, calculating machines, and all types of audio-visual equipment, at reasonable times upon notification of the building administrator, when such equipment is not otherwise in use. The CBC shall pay for the reasonable cost of all materials and supplies incidental to such use and for any repairs necessitated as a result thereof. Any such use shall be in compliance with ORS 260.432.

E. BULLETIN BOARDS

The CBC or its authorized representative shall have, in each school building, the use of adequate bulletin board space in each faculty lounge.

F. MAIL FACILITIES AND MAIL BOXES

The CBC or its authorized representative shall have the opportunity to use the school mail boxes for CBC correspondence, provided such correspondence is clearly identified as originating from the CBC or its authorized representative. Any such correspondence shall be in compliance with ORS 260.432.

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G. RIGHT TO SPEAK AT MEETINGS

The CBC or its authorized representative shall have the opportunity to speak at the opening of school orientation programs, and the CBC representative may speak to the employees during any faculty meeting for at least five (5) minutes at the request of the representative. The notice of an agenda of any such meeting shall be given to the employees involved at least on the day prior to said meeting.

H. CCEA PRESIDENT

The President of the Crook County Education Association shall be provided a desk with a locking drawer for his/her classroom without cost to the District.

I. CBC REPRESENTATIVE VISITS

Representatives of the CBC shall have the right to visit employees during their workday, provided they contact the building principal or his/her designee upon entering the building and provided such visits do not interfere or interrupt classes or other organized district activities.

ARTICLE 17 TEACHING MATERIALS AND EQUIPMENT

A. Employees in the secondary department level and elementary grade level will be

asked to compile and submit their budgetary request to the appropriate administrator and shall have the opportunity to review any adjustments with the administrator. After voter approval of the budget for the District, the employees at these levels shall be notified of the final funds approved; and if the approved funds are less than the original request, the employee shall have the opportunity to recommend the areas to be cut.

ARTICLE 18 COMPLAINT PROCEDURE

A. A “complaint with merit” is negative information conveyed by students, parents, or

non-administrative staff regarding the performance of an employee, which the administration intends to use as the basis for disciplinary action or to place in an employee’s personnel file.

B. Complaints, which, individually or collectively, appear to have merit, shall be

handled in the following manner:

1. The subject employee shall be advised of the nature of the complaint or complaints and given an opportunity to respond within ten (10) working days after the complaint is made.

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2. Notification need not be given within the timelines stated above if the

complaint is criminal in nature or involves an allegation of child abuse. If the administrator or employee is absent, the timelines will be extended by the length of the absence.

3. If the specifics of the complaint or complaints are in question, the District

has an obligation to arrange a meeting between the employee and the individual or individuals making the complaint if the employee requests such a meeting, and if the individual or individuals making the complaint are agreeable to such a meeting. Such meeting shall be for the sole purpose of arriving at a full understanding of the specific allegations involved and shall have a member or members of the administration and, if the employee desires, a CBC representative present.

4. If the complainant demands anonymity, administration will not take

disciplinary action unless the specifics of the complaint are independently substantiated. Documentation of the independent substantiation will be provided to the employee in such cases.

C. If the complaint in question has merit, it may be entered in the personnel file. If

the complaint is without merit as determined by the District, it shall be dismissed and no record shall be made in the personnel file.

D. If a written complaint is to be included in the employee’s personnel file, it shall be

discussed with the employee first. The employee shall have the right to respond to the complaint in writing.

ARTICLE 19

REDUCTION IN FORCE The following procedure shall be followed when, in the judgment of the District, it becomes necessary to reduce the permanent employee staff due to the District’s inability to sufficiently fund its education program at its anticipated level, or resulting from the District’s elimination of classes due to decreased student enrollment or reduction of courses due to administrative decision. A. LAYOFF

Notice of layoff will be given to the Association and affected employees as soon as practicable and not exceeding ten (10) days after the Board's decision to lay off is made and the affected employees are identified. Whenever a layoff occurs, it is the obligation of the District to transfer and reassign employees in accordance with their competence so that, at all times possible, the most senior competent employees are retained.

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The employee with the least seniority shall be selected for layoff, except that an employee may be retained without regard to seniority when no other employee with greater seniority has the competence and is available to perform the work. “Competence” means the ability to teach a subject or grade level based on teaching experience related to that subject or grade level within the last ten years or educational attainment, or both, but not based solely on being licensed to teach a subject or grade level. For purpose of this provision, “seniority” shall be defined as length of uninterrupted service in the District, inclusive of approved leaves. Any employee who received a layoff notification shall have the right to displace any less senior employee whose work he/she is competent to perform, provided the employee notifies the District within ten (10) days of the date of notification of layoff.

B. RECALL An employee who is laid off will remain on the list and be eligible for recall for

twenty-seven (27) months. No new employee shall be hired to any position until all laid-off employee who are competent to fill the position have been given an opportunity to accept the position. The employee with the greatest seniority shall be selected for recall unless that employee does not have the competence for the position.

The District shall notify laid-off employees of a position opening by certified letter,

return receipt requested, at their address of record as maintained in the Superintendent’s office. Laid-off employee shall have seven (7) calendar days from receipt of such notification in which to indicate their acceptance or rejection of the position, and an additional twenty (20) days therefrom in which to begin active employment. If the employee has accepted employment elsewhere, or is unable to report to work due to illness or injury, he/she will be allowed sixty (60) days from the date of acceptance of a recall position before being required to report to work.

An employee who cannot be reached at his/her last known address thereby forfeits

all recall rights. Employees returning from layoff shall have all previously accrued sick leave and

seniority reinstated. Employees who worked one-half (1/2) or more of the school year in which the layoff

occurs shall be advanced to the next step on the salary schedule. Employees who work less than one-half (1/2) of the school year shall be placed on the same step they were on when the layoff occurred.

The provisions of this Article shall be construed so as not to conflict with the

requirements of the Fair Dismissal Law.

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C. LAYOFF BENEFITS A laid-off employee may remain enrolled in the district insurance program provided

the laid-off employee pays his/her own premium cost. Payment is due by the first day of the month for which the payment is made.

Employees on the recall list who have expressed a desire to be utilized as a

substitute shall, subject to their availability and satisfactory performance, be given preference in substitute assignments for which they are licensed.

D. ADMINISTRATORS

An administrator who chooses to return to teaching in RIF situations shall be accorded his/her rights under ORS 342.934 (5). If the administrator had been previously employed as a teacher in the District, they shall be eligible for retention as any other member of the bargaining unit.

E. APPLICABILITY OF ARTICLE TO THE GRIEVANCE PROCEDURE

Any dispute over the interpretation of any provisions of this Article shall be grievable under Article 4 of this Agreement, through and including arbitration, in conformance with ORS 342.934 (7).

ARTICLE 20 PERSONNEL FILES

A. The annual evaluation reports shall be maintained in the personnel files of the

District. B. No material derogatory to an employee’s conduct, service, character, or

personality will be placed in his/her personnel file unless the employee has had an opportunity to review the material. An employee will acknowledge that he/she has had an opportunity to review the material by affixing his/her signature to the copy to be filed, with the express understanding that this in no way indicates agreement with the contents thereof. In the event that an employee refuses to sign, the administrator will place the material in the file with a notation reflecting the date, time, and location the refusal took place. This statement will be witnessed by a confidential employee if available.

C. The personnel file shall be opened for inspection by such employee, but shall be

open only to such other person(s) as are properly designated by the Board or by the employee.

ARTICLE 21 SAVINGS CLAUSE

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Should any article, clause, or provision of this Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such article, clause, or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of the Agreement. It is further understood and agreed that payment of the salary stated in this contract and the obligation of the school district thereunder is subject to the availability of funds.

ARTICLE 22 SITE-BASED DECISION MAKING

The Collective Bargaining Agreement will remain in full force and effect and have full application to the employees who are affected by a site-based decision making program. Departure from the terms of the Collective Bargaining Agreement may occur if a written waiver of the specific contract term is drafted and is signed by the CBC and the District.

ARTICLE 23 DURATION AND TERMINATION

A. This Agreement shall be effective July 1, 2019, and shall remain in full force and

effect through June 30, 2022, except as modified as provided for herein. The parties have agreed to re-open this Agreement in year two and in year three for salary, insurance and up to three language items. The parties agree to enter into collective bargaining over amendments and/or modifications of this Agreement no later than January 15, 2019, unless otherwise agreed. After ratification, this Agreement shall not be modified in whole or in part by the parties except by instrument, in writing, duly executed by both parties.

B. The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for collective bargaining, and the understandings and agreements are set forth in this Agreement. Therefore, the Board and the CBC, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter, even though such subjects or matters may or may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

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IN WITNESS WHEREOF, the CBC has caused two originals of this Agreement to be signed by its duly authorized representative and the Board has caused two originals of this Agreement to be signed by its chairman. FOR THE DISTRICT FOR THE COUNCIL Date Date

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APPENDIX A CROOK COUNTY SCHOOL DISTRICT

Step1716151413121110987654321

Curric

Step1716151413121110987654321

Certified Salary Scale for 2019-2020

C D E F G

BA MA

BA+60 MA+15BA+75

MA+30BA+90

MA+45BA+105

- - - - 72,617 - - - - 71,306 - 62,638 64,164 68,444 69,465

57,175 60,520 61,994 66,129 67,787 55,242 59,019 60,492 64,452 66,108 53,917 57,516 58,990 62,773 64,429 52,593 56,014 57,487 61,093 62,750 51,269 54,512 55,985 59,414 61,073 49,944 53,011 54,484 57,735 59,394 48,620 51,510 52,983 56,058 57,714 47,294 50,008 51,481 54,378 56,036 45,971 48,506 49,980 52,699 54,357 44,645 47,005 48,478 51,020 52,679 43,321 45,503 46,976 49,343 50,999 41,995 44,001 45,475 47,664 49,320 40,673 42,500 43,973 45,985 47,642 39,347 40,998 42,471 44,307 45,963

culum/Staff Training rate: $28.04

Certified Salary Index for 2019-2020

C D E F G

BA+45 MA

BA+60 MA+15BA+75

MA+30BA+90

MA+45BA+105

- - - - 1.8456 - - - - 1.8122 - 1.5919 1.6307 1.7395 1.7654

1.4531 1.5381 1.5756 1.6807 1.7228 1.4040 1.5000 1.5374 1.6380 1.6801 1.3703 1.4618 1.4992 1.5954 1.6375 1.3366 1.4236 1.4610 1.5527 1.5948 1.3030 1.3854 1.4229 1.5100 1.5522 1.2693 1.3473 1.3847 1.4673 1.5095 1.2357 1.3091 1.3466 1.4247 1.4668 1.2020 1.2709 1.3084 1.3820 1.4241 1.1683 1.2328 1.2702 1.3393 1.3815 1.1346 1.1946 1.2321 1.2967 1.3388 1.1010 1.1565 1.1939 1.2540 1.2961 1.0673 1.1183 1.1557 1.2114 1.2535 1.0337 1.0801 1.1176 1.1687 1.2108 1.0000 1.0420 1.0794 1.1261 1.1681

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APPENDIX B CROOK COUNTY SCHOOL DISTRICT

(Hold for 2020-2021 Salary Schedule - TBD)

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APPENDIX C

CROOK COUNTY SCHOOL DISTRICT SECTION 1: EXTRA DUTY ACTIVITIES PLACEMENT SALARY SCHEDULE

CROOK COUNTY HIGH SCHOOL

ACTIVITY POSITIONS SCALE Intramurals D Band Director B Choral Director B Auditorium Coordinator A Senior Class Advisor E Junior Class Advisor E Sophomore Class Advisor E Freshman Class Advisor E Honor Society Advisor D Rally Advisor (per season) D FBLA Advisor E Student Store Advisor E ROTC Advisor A Student Bank Advisor E Drama B Dance Team Advisor (per season) E FFA Advisor C Publications (Yearbook) C Publications (Newspaper) C Youth Development (OSSOM) Advisor D (Grant Funded) Youth Action Council Advisor D (Grant Funded) Benchmark Coordinator – Math C Benchmark Coordinator – Science C Benchmark Coordinator – Social Studies C Benchmark Coordinator – Language Arts C Graduation Coordinator $500 Assistant to the Athletic Director $1000 Culinary Arts Advisor B Natural Resources Advisor B

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CROOK COUNTY MIDDLE SCHOOL ACTIVITY POSITIONS SCALE Leadership E Band C Choral C Athletic Director A Yearbook Advisor D Counselor – 6 Days Extended Contract Based on Salary Benchmark Coordinator – Math C Benchmark Coordinator – Science C Benchmark Coordinator – Social Studies C Benchmark Coordinator – Language Arts C 6th Grade House Representative $19.06/Hr. (Not to exceed 6 hours per month) 7th Grade House Representative $19.06/Hr. (Not to exceed 6 hours per month) 8th Grade House Representative $19.06/Hr. (Not to exceed 6 hours per month) Electives House Representative $19.06/Hr. (Not to exceed 6 hours per month) CCMS Youth Development/OSSOM Advisor E Honor Society Advisor D Outdoor School Director B Outdoor School Teachers E (per week) Outdoor School Nurse F (per week)

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ELEMENTARY SCHOOLS

ACTIVITY POSITIONS SCALE K-5 After School Sports Coordinator $28.02/Hr. Benchmark Coordinators C After School Coordinator B Counselor – Extended Days Based on Salary Assistant to the Principal $1500 Extra Duty – Head Teacher A *The changes made to the Extra Duty Activities Placement Salary Schedule will pertain to all new coaches/advisors/others hired into a position starting with the 2003-2004 school year. All existing coaches/ advisors/others who are impacted in a negative way by these changes will be grandfathered into the old salary schedule until they exit that specific position. If that person leaves a position and then returns to coaching at a later time, they will placed on the new salary schedule at that time.

OTHER Elementary Activities: After School Programs $28.02/ (Including Sports and Academic Activities) Extra-curricular Activity Supervision $19.06/ (ticket taking, chaperoning, crowd control, track timing, etc.) Curriculum & Staff Training (Approved for stipend) $28.04 * tied to future COLA increases Special Education (up to 40 hours)1 @per diem rate

1 Eligibility for the Special Education extra duty stipend is restricted to staff in Special Education assignments: 1) who have their Special Education TSPC licensure, 2) who are enrolled in a university training program for completion of Special Education TSPC licensure, or 3) who have been placed in their assignment by involuntary transfer.

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APPENDIX C CROOK COUNTY SCHOOL DISTRICT

SECTION 2: Extra Duty 2019-2020

Salary Schedule

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APPENDIX C CROOK COUNTY SCHOOL DISTRICT

SECTION 3: Extra Duty 2020-2021

Salary Schedule

(Hold for 2020-2021 Extra Duty Salary Schedule - TBD)

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APPENDIX C CROOK COUNTY SCHOOL DISTRICT

EXTRA DUTY

SECTION 4: COMMENTS A. If an employee chooses not to continue the extra duty position [Appendix B,

Section 1] assignment for the next school year, the member will indicate his/her intentions to the District in writing by March 5th. The District recognizes conditions beyond control of the employee may be reason for tendering his/her resignation.

When feasible, when an employee assigned to extra duty is not to be rehired for

the next school year, he/she will be:

1. Notified in writing within 30 days after all assigned duties for the year have been completed.

B. Extra duty activities are not a part of the employee’s employment contract;

however, they are attached to the employee’s contract in the form of an Extra Duty Contract.

C. The listing of extra duty positions as contained in Section 1 hereof, shall not be

construed to require the District to fill each such position. When such positions are filled, they shall be compensated at the rate specified herein.

D. At the request of either party, a committee will be formed, composed of an equal

number of District and CBC representatives, which will meet during the terms of the contract to consider suggested position reclassification and make recommendations to the Board about such reclassification, as well as the classification of any new positions. One District representative shall be a Board member.

E. If athletic activities are not funded with general fund money (for example, if such

activities are funded with fund-raised money) the provisions of this Appendix B are inapplicable.

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MEMORANDUM OF UNDERSTANDING

EQUITY OF DUTY STUDY GROUP

At the request of either party, the Crook County School District, hereinafter the "District," and the Cascade Bargaining Council, hereinafter the "Council," agree to form a study group to examine issues concerning equity in duty assignment. The study group shall be composed of an equal number of representatives from the District and the Council, who shall be identified by October 1st of each year, and shall report to the District School Board. FOR THE DISTRICT FOR THE COUNCIL Date Date