And
Wellpinit
Education Association
Fact Findings
Arbitrator: Katrina Boedecker
Date Issued:
Arbitrator: Boedecker; Katrina
Case #: 8838-F-90-162
Employer:
Date Issued:
BEFORE THE FACT-FINDER
In the matter of the request
of: )
)
) CASE 8838-F-90-162
For fact-finding involving a )
bargaining
unit of certificated ) FINDINGS OF FACT
employees
represented by: )
AND
) RECOMMENDATIONS
WELLPINIT EDUCATION
ASSOCIATION )
_____________________________________ )
Associated Industries of the
Gary Simpson, UniServ
Field Representative, appeared on
behalf of the association.
On
Public Employment Relations
Commission that the Wellpinit Education
Association had rejected the
district's last and final offer for
settlement
made in mediation, and requested the Commission to
institute
fact-finding proceedings under RCW 41.59.120. A fact-
finding
hearing was held in
before
Fact-finder Katrina I. Boedecker. The parties made
oral
closing
arguments at the hearing, in lieu of post-hearing briefs.
_____________
1 The
parties were allowed additional time for negotiations
and mediation after
the request for fact-finding was filed;
hence the delay in
presenting the issues at a fact-finding hearing.
BACKGROUND
Reservation.
The Reservation is in
portion
of
students
were enrolled in its educational program: 80 students in
the
senior level grades: the remainder in the preschool through
elementary
grades. Ninety-nine percent of the students are Native
Indian ancestry and live on
the Reservation. The school district
employs
19 certificated staff and 25 classified staff at its one,
and
only, school site.
Wellpinit,
itself, is an unincorporated town of less than 1000
population.
Most of the land in the district is held in trust for
members of
the
are
only 8 to 11 real estate parcels that are subject to property
taxes
which would be impacted by a school district tax levy or bond
authority.
Approximately 95% of the
certificated staff lives outside of the
school
district. Due to a lack of available housing close to the
district,
most of the staff live in the vicinity of the city of
Spokane. This creates a 45
minute to an hour and 15 minute
commute,
one way. Many of the teachers car-pool together.
Wellpinit
School District receives most of its money from four
sources.
Approximately one-third of its budget is funded by
federal
"impact aid" under PL 874. In 1990 - 1991, the district
received
$1.2 million in state appropriations and $147,000 in
special
education funds. The rest of its budget is funded by other
federal
grant monies.
The last collective bargaining
agreement which the parties had
covered
the period 1987 - 1988. Consequently, the certificated
staff
has not received a negotiated pay increase since September 1,
1987. On
made a
formal written proposal to the district in response to a
proposal
it had received from the employer. On
Jerry Hombel,
president of the Wellpinit Education Association, and
School Board Chairman Jeff
Moyer met and negotiated an agreement on
most
of the issues.
On
district
superintendent.
ISSUES
During the course of the
fact-finding hearing, the parties
presented
16 issues on which they were at impasse. 2
______________
2 Although
some certificated staff had been expected to attend the hearing, none chose to do so. The record
consists of testimony from superintendent Riedlinger,
Board Chairman Moyer, and Board Member
Larry Brown, for the employer's case; and from UniServ
Directors Jim Aucutt and Gary Simpson, for the
association's case.
The majority of both parties' positions on
the issues was put on the record by Moyer. Simpson
did testify that Moyer had accurately represented the association's proposals and
responses. Throughout this fact-finding report, the language of the 1987-88 contract is quoted exactly as it appears in
the copy submitted in evidence. Typographical and other apparent
errors have been corrected in the language recommended by the fact-finder for resolution of each issue.
ISSUE ONE: TEACHER
CONTRACTS
(1987-88 language) Section 2.2.1:3
1. Individual
contracts for regular teaching
assignments shall be
in conformit with
Agreement, rules and regulations of the
District,
and of the State
Board of Education Code of
Rules and Regulations, Chapter 44, as
covered in the
Appendix H attached hereto
and by references
incorporated herein.
2 . All regular teacher positions in the
District will be
filled
by certificated employees under contract to
the
District.
_____________
3. Throughout this fact-finding report, the language of
the
1987-88 contract is quoted exactly as it
appears in the
copy submitted in
evidence. Typographical and other ap-
parent errors have
been corrected in the language recom-
mended by the
fact-finder for resolution of each issue.
The employer proposed to delete
the first paragraph of that
language,
on the basis that it recited current law and was
redundant.
The employer wanted to amend the next paragraph to
reference
the job description of certificated staff.
The association found a
problem with reference to the job descrip-
tion, because it did not believe one existed in
the district.
The employer entered the job
description for certified teaching
staff
into evidence.
FINDINGS OF FACT AND
RECOMMENDATION ON TEACHER CONTRACTS
Since the union voiced
no objection to the elimination of the
first
paragraph, and since a job description does exist for
certificated
staff, your fact-finder recommends: The parties
ratify
the following language:
Section
2.2.1 - Teacher Contracts
All regular
teacher positions in the District will
be filled by certificated employees under
contract
to the District and the certificated employees
shall meet the requirements of the Certificated
Teacher Job Description of the District.
ISSUE TWO: GENERAL
PROVISIONS
(1987-88 language) Section 2.2.2 :
1. The
salary schedule shall apply to all
regular
teachers now employed under
annual
teaching contract.
...
3 . Salary schedule placement shall be in
accordance
with the following criteria:
a. Evidence
of experience as a teacher in this
District or another, so long as
the experience
is
funded by LEAP. The superintendent may,
at his
discretion, require verification of prior experience.
b. Evidence
of credits from an accredited college or
university.
The superintendent may, at his discretion,
require
verification of all credits earned/received.
c. For
all teachers newly employed on or
after
the effective date of this Agreement, placement
in
the appropriate column for educational experience
shall
be determined by the number of
quarter-hours
(1/4) credits
acquired after attainment of a Bachelor
of
Arts/Science degree. After the date referenced
above,
no pre-BA/BS credits will be recognized for
salary
schedule placement.
. . .
h. The Extra Duty Pay Program shall be contained in
Appendix B attached
hereto, and by reference
incorporated
herein.
The employer proposed
specifying that the salary schedule would be
in
effect for one year only, since the district gets notice from
the
state on a year-by-year basis as to what salary monies the
certificated
staff is entitled. additionally, the employer desired
to
change the discretionary verification of credits earned to a
mandatory
verification. Finally, the employer wanted the right to
revise
the Extra Duty Pay salary schedule whenever it determined
the
need and to issue other "rider contracts" for additional
salaries,
without bargaining.
The union advanced that the
salary schedule and placement, as well
as
the extra-curricular pay schedule, were its major priorities.
The union was not agreeable to
waive any of its bargaining rights
in
the wage area.
FINDINGS OF FACT
AND RECOMMENDATION ON GENERAL PROVISIONS
Wages are clearly a
mandatory subject of bargaining. A waiver
in
a mandatory bargaining area is a serious matter and the
employer has not advanced sufficient rationale to
have the
requested waivers granted. Public school districts
statewide
have multi-year collective bargaining agreements
and also only
get once a year money allocations. Your
fact-finder recom-
mends that the parties: Maintain the Section
2.2.2 - General
Provisions language of their 1987-88 collective bargaining
agreement.
ISSUE THREE: PAYROLL
DEDUCTIONS
(1987-88 language) Section 2.3:
2. On or before
November 15th of each school year, the
Association shall give written notice to the Board
of
the dollar amount of dues
and assessments that are
to be deducted from
Association members who have
authorized such deduction
in the coming school year
under payroll deduction.
The total for these deductions
shall not be subject to
change during the school year.
The employer sought language
that would allow a bargaining unit
member
who had committed to dues deduction for the entire school
year
to cease the payroll deduction at any time.
The union opposed any change
in the language.
FINDINGS OF FACT
AND RECOMMENDATION ON PAYROLL DEDUCTIONS
Fixed payroll deductions of union dues are traditionally a
sensitive subject in bargaining. These parties have
previous-
ly agreed to a modified maintenance of
membership arrangement.
Once the union obtains such language, the employer is hard-
pressed to remove those rights without substantial justifica-
tion. The employer advanced no rationale for its
proposal
here. Your fact-finder recommends that the
parties: Maintain
the section 2.3 - Payroll Deductions language
of their 1987-88
collective bargaining agreement..
ISSUE FOUR: VOLUNTARY
TRANSFERS
(1987-88 language) Section
2.9.2:
Not later than May 15th of
each school year, the superintendent or his/her designee shall
post
in all school buildings a list of the known vacancies which will occur during
the following school year. Vacancies that occur after May 15th shall be posted
in all school buildings and the District office. Teachers who desire a change
in specialty, grade and/or subject assignment or who desire transfer to another
building shall file a written statement of such desire with the superintendent
not later than February 15th or with five (5) days after the superintendent has
posted a vacancy. Such statement will include the specialty, grade and/or
subject to which the teacher desires to be assigned and the school or schools
to which he/she desires to be transferred, in order of preference. Such
written statements
must be renewed on an annual basis if the teacher desires continued consideration.
Said notice of vacancy or new
position shall clearly set forth the qualifications for the position and the
procedures for applying. The District shall publicize within the bargaining
unit for five (5) days the availability of vacancy or new position covered by
this Agreement, except where circumstances will not
permit.
All vacancies or new positions
shall be filled on the basis of qualifications for the posi-
tion, as determined by the District. Existing
employees shall be considered for the posi- tions if deemed qualified by the Board. If there is more
than one such applicant, then District seniority shall be considered. The
District shall have the right to assign sub- stitutes
or otherwise fill vacancies and new positions that occur during the school
year.
At least thirty (30) days prior to the
beginning of the school year, the superintendent or his/her designee shall, if requested by the
employee, notify by personal conference (and
in writing, if
requested) of the reason why his/her request for reassignment and/or trans- fer
was not granted..
The employer proposed to
delete the entire section, and to
substitute
language in which the district would retain the sole
authority
to assign and transfer employees.
Neither party stated the
union's position on this subject.
FINDINGS OF FACT
AND RECOMMENDATION ON VOLUNTARY TRANSFERS
The 1987-88 language provides a reasonable structure in which
each party can function in the event of a
vacancy or a new
position. At the same time, the language gives the Superin-
tendent and Board substantial discretion in
granting trans-
fers. The employer has not advanced sufficient
reasons to
alter the language previously agreed upon. Your
fact-finder
recommends that the parties: Maintain the Section
2.9.2 -
Voluntary Transfers language of the 1987-88 collective
bar-
gaining agreement.
ISSUE FIVE: INVOLUNTARY
TRANSFERS AND REASSIGNMENTS
(1987-88 language) Section
2.9.3:
Notice of an involuntary
transfer or reassign-
ment will be given to teachers as soon as
practicable
and, except in cases of emergency,
not
later than June 15, prior to implementing an
involuntary
transfer, the District shall discuss the
transfer
with the affected employee and shall
consider
the employee's concerns, provided that
the
employee is available. The District shall continue
to
have the exclusive right to transfer staff, as
necessary,
for the benefit of the educational program.
The employer proposed to
eliminate the date reference, reasoning
that
it is not practical to assign all employees in the spring of
a
preceding school year. The employer cited its experience of the
last
two school years, when it had to assign a teacher the day
before
school started.
Neither party stated the
union's position on this subject.
FINDINGS OF FACT AND RECOMMENDATION ON INVOLUNTARY TRANSFERS
AND REASSIGNMENTS An involuntary transfer can
have a major
effect on an employee's overall job performance
and satisfac-
tion. Nothing in the existing language seems to unduly
restrict the employer in filling vacancies. There
was no
evidence that the union had grieved the actions of
filling
certain teaching positions the day before school
started in
the previous two years. The language does allow
for excep-
tions to the June notification in "cases of
emergency". The
employer has not advanced persuasive justification
for its
proposal. Your fact-finder recommends that the
parties:
Maintain the Section 2.9.3 - Involuntary Transfers and
Reassignments language of their 1987-88 collective bargaining
agreement.
ISSUE SIX: COVERING CLASSES
(1987-88 language) Section
2.10:
The building principal is responsible to see
that all classes are
covered at all times.
Any arrangements made for class coverage
between employees
must have prior approval
of the building
principal.
The District shall provide substitutes where
needed (in the
judgment of the District), when
practical, and if
substitutes are available, for
any employee who is
absent due to illness or injury.
Absences for other purposes will usually be
covered
by a substitute
(provided that one is available), except
when the absence is
for a short period of time
(1/2 day or less) and the hiring of a
substitute is not
feasible by the building principal.
In an emergency it may be necessary to use
other
staff members to
cover classes.
The union wanted to remedy
what it saw as a problem with the
language:
The employer could demand that other bargaining unit
members
forfeit their preparation periods all day long to provide
a
"rolling substitute" for an absent teacher instead of hiring a
substitute
for the entire day.
The employer wanted to
maintain some language that would allow it
to
use other staff members to cover classrooms if substitutes were
not
available or accessible for assignment.
FINDINGS OF FACT AND RECOMMENDATION ON COVERING CLASSES
There was no evidence presented of any grievances filed
regarding this language or, in fact, of any specific
problem
associated with the practice in this area. Therefore,
is
unclear whether the union is proposing to fix an
area where
there has been perceived abuse, or is merely
trying to stem
potential abuse.
The language proposed by the employer eliminates the dis-
trict's discretion to decide whether or not to hire
a substi-
tute, and would have another bargaining unit
member cover a
classroom only if a substitute was "not"
available or accessi-
ble". Your fact-finder recommends: The
Parties should ratify
the following language:
Section
2.13 - Covering Classes
The Building Principal/Designee is responsible to
see that all classes are covered at all times.
The
teachers are responsible to assure students are
supervised at all times when assigned a classroom.
In some cases it may be necessary to use other
staff members to cover classrooms, if substitutes
are not available or accessible for assignment.
ISSUE SEVEN: LENGTH OF
WORKDAY
(1987-88 language) Section
2.11:
All certificated teachers may
be assigned appropriate
starting
and dismissal time, providing that their total
workday
shall be no longer than seven hours and forty
minutes
including a continuous thirty (30) minute duty
free
lunch period. Employees shall report to work thirty
(30) minutes
before the regular school day begins and
continue
to work thirty (30) minutes after the regular
school
day ends. The length of the assigned workday
shall
be considered a normal day of instruction of children.
An employee may, upon receipt of permission
from his/her
building
principal, leave directly after the close of school.
The employer specifies several
problems with the workday language.
Parents who work during the
day have not been able to have
parent/teacher
conferences in the evening. The district has not
been
able to enlist certificated staff to participate in, or
attend,
certain educational programs of the district. The district
advances
language that would allow it to require the certificated
staff
to work, outside the 7 hour and 40 minute day, on: Class
preparation,
consulting with students and parents, curriculum
development
committees, extra-curricular activities and anything
else
that pertains to the district's goals. There is no
hour/minute
definition of the workday in the employer's language.
The district does acknowledge
that, due to the housing shortage in
the
immediate vicinity of the school district, most of its teachers
are
commuting 60 to 90 minutes each way in car-pools..
In a written proposal dated
November 13, 1989, the union proposed
changing
the workday to 7 hours and 30 minutes, since that was the
area
standard in other certificated bargaining agreements. 4
FINDINGS OF FACT AND
RECOMMENDATION ON LENGTH OF WORKDAY
It is not unusual in the education realm to have certificated
staff attend to duties beyond the stated workday.
However,
the employer's proposal appears to give it
carte blanche as to
the number of occasions, length of time, and
purposes for
which it could require staff to extend the
workday. There is
no reference to overtime payment in the
employer's language,
although the board president did testify to giving
"traded
time"
later to teachers who worked beyond the normal workday.
____________
4 On
January 30, 1991, local members of the bargaining unit met with the employer, without
the UniServ representative present. At that time, the
employees made the following proposal to
the employer:
Each teacher will work an extra twenty hours a
year: This
twenty hours will be working at
after-school
and weekend activities. Activities
will
consist of: Sporting Events: Ticket-taking,
working
of game clock or score board, working
concessions;
Class and School Fund Raisers: dan-
ces, bake sales, school carnival, etc; Commit-
tees
needed to help better the school; School Plays
and
Programs; and Field Trips.
The teachers will have the
choice of signing up for
these
activities. Each teacher will have served 10
hours
by the end of the first semester. All twenty
hours
will be served on or before the last day of
school.
With the current number of staff members
this
would provide 360 hours each year for extra
curricular
activities.
At the fact-finding hearing,
the UniServ representative
objected
to the introduction of this proposal, because
he
was unaware of the offer and was only authorized to
advocate
for the proposals of which he had knowledge.
additionally,
he argued that it was merely an informal
proposal
and since it did not settle the issue it should
not
be considered. Since no local bargaining unit members
appeared
at the hearing, the union's official position continues
to
be changing the work day to 7 hours and 30 minutes.
____
Some of the employer's proposed purposes for the overtime work
do not appear to be necessary. The certificated
staff should
have adequate class preparation time built into
the workweek.
Teachers are required to be available 30 minutes before and
after the student instructional day, in part, to
consult with
students when necessary.
Curriculum development work and supervising or directing
students in extra-curricular activities are distinct
bodies of
work for which bargaining unit members should
receive payment
when required to perform.
Being present to consult with parents who are unavailable to
attend during the regular workday is a reasonable
expectation
for the employer to have of its certificated
staff. There are
some school functions, building meetings and
informal instruc-
tional activities, not specified on an
extra-curricular
schedule, that may also entail additional time
beyond the
employee's normal workday.
The employer has acknowledged that it had to go far outside
the local area to recruit its staff. Thus, the
commuting
problem must be considered. A balance can be struck
by
limiting the number of times an employee would be
required to
extend the workday. Your fact-finder recommends:
The parties
should ratify the following language:
Section 2.11 - Length
of Workday
All certificated teachers may be assigned appropri-
ate starting and dismissal times, providing
that
their total workday shall be no longer than seven
hours and forty minutes including a continuous
thirty (30) minute duty free lunch period. Employ-
ees shall report to work thirty (30) minutes
before
the regular school day begins and continue to
work
thirty (30) minutes after the regular school day
ends.
The length of the assigned workday shall be
considered a normal day of instruction of children.
An employee may, upon receipt of permission from
his/her building principal, leave directly after
the close of school.
Outside of the normal workday, employees will
not be required to accept over nine assignments
of
supervising student activities, attendance or
participation at school functions (including open-
houses), faculty meetings, parent conferences or
other reasonable duties when appropriate. Assign-
ments will be made in a manner so that no one
person will have an undue share of such duties.
Five of the assignments per teacher, per year, may
be unpaid; for required participation in four
other
assignments, each teacher, for each assignment,
shall receive his/her hourly rate for the time
required, or a minimum payment of $35.00, whichever
is greater.
Adequate notice will be provided for these
assign-
ments: most of these activities shall be
specified
by the superintendent or his/her designee on a
sign-up sheet during the first week of each term.
With prior, written, mutual agreement between the
teacher and the superintendent or his/her designee,
the teacher may receive hour for hour time off
in
lieu of payment.
ISSUE EIGHT: LENGTH OF
CONTRACT
1987-88 language) Section
2.13:
1. The
length of the regular individual teaching contact
shall be one hundred
eighty-one (181) days. An
extension of
contracted days by the District shall
be computed on
1/181st of the base amount computed
from the current
teachers salary schedule.
The union proposed a 180-day
work year, with 10 additional work
days
added at per diem, as follows: 2 days prior to the student
year,
3 days after the student year ended, and 5 days at individual
teacher
discretion. The union argued that Wellpinit was the only
school
district in the area that was above a 180-day work year.
The employer proposed
continuing the 181-day work year. The
employer
contended that other districts used local monies when they
reduce
the work year and add per diem days. Because the state does
not
fund extra days and Wellpinit's lack of levy
capacity, the
employer
argues that funding extra days would be difficult.
Throughout the hearing, the
employer argued that it should not be
compared
to other school districts in the state because of the
extreme
poverty on the Reservation.
FINDINGS OF FACT AND RECOMMENDATION ON LENGTH OF CONTRACT
The union's proposal to add per diem days to the work year is
basically a method of getting more salary money to
the
bargaining unit members, albeit from local money
instead of
state funds. The employer does have limited
taxing ability.
A "salary" issue is dealt with later in this fact-finding
report. Your fact-finder recommends the parties:
Maintain
the Section 2.13 - Length of contract language
of the 1987-88
collective bargaining agreement.
ISSUE NINE: EVALUATION,
CERTIFICATED PERSONNEL
(1987-88 language) Section
2.14:
General - Members shall be
evaluated during each
school
year in accordance with the proce-
dures and criteria set forth. Every nonprovi-
sional employee whose work is judged unsatis-
factory
based upon the evaluation criteria shall
be
placed in a probationary status no later than
February 1 and shall be given
until May 1 to
demonstrate im in his/her area or
areas
of deficiency.
Evaluation
1. Responsibility
for Evaluation - Within each school
and the
principal or his/her administrative/supervisory
designees
shall be responsible for the evaluation of
employees
assigned to that school. An employee
assigned
to two or more schools shall be evaluated
by
the principal of each school or by a common
administrative/supervisory
designee from the central
staff.
If possible, the employee shall be notified in
advance
who the evalu- ator(s) will
be. The administrative organiza
- tion plan of the school district shall be used to
determine
lines
of responsibility for any employee who is not regularly
assigned
to any school. Any principal or other supervisor
may
designate other administrative and/or supervi-
sory staff members to assist in the observation
and evaluation process.
2 . MINIMUM EVALUATION CRITERIA - All
employees shall be
evaluated
in accordance with the appropriate criteria
set
forth in the evaluation forms attached to this Agreement as
Appendix D, which are hereby
made a part of this Agreement.
3 . REQUIRED EVALUATIONS -
a. All
employees newly employed by the School
District shall be evaluated
within the first
ninety
(90) calendar days of the commencement
of their
employment.
b. All
employees, including new employees,
shall be
evaluated annually, such evaluation to be
completed
not later than the last day of school.
c. If
an employee is transferred to another position
not
under the supervisor's jurisdiction, an evaluation
shall be
made at the time of such transfer.
d. If
an employee resigns during the school year,
a final
evaluation shall be completed prior to the
resignation
date. Five (5) school days notice shall be given.
e. If
the supervisor contemplates recommending that an
employee
be placed on probation, an evaluation shall
be made
on or before January 15th.
4 . Additional EVALUATIONS - In addition to
the evaluations
required
under paragraph 3 , herein, principals and other
supervisors
and their designees may make evaluations
at any
time during the school year, which evaluations may
cover
individual observations for such period of time as
may be
identified in the evaluation report. Any additional
evaluations
shall be for the purpose of improving employee
performance
except as provided in paragraph 3 .
5. MINIMUM
OBSERVATION CRITERIA - During each school
year each employee
shall be observed for the purpose of
evaluation at
least twice in the performance of his/her assigned
duties. Total
observation time for each employee for each school
year shall be
not less than sixty (60) minutes. A minimum of one
observation
for a total observation time of thirty (30) continuous
minutes shall
be required in connection with the evaluation of all employees.
6. EVALUATION
PROCEDURES -
a. Upon completion of an observation for
the purpose of evaluation,
by the principal or other
evaluator, the employee shall be provided with a copy of the evaluation report within three
(3 ) working days.
b. The
employee shall sign the school district's copy of the report
. The signature of the
employee does not, however, necessarily imply that the employee agrees with the contents
of the evaluation report.
c. The
employee shall have the right to attach any comments to the evaluation report. This may be
done at the time the employee received a copy and prior to the report
being forwarded to the district personnel office; or they may be forwarded to the
personnel office within seven (7) school days following the evaluation conference.
Notice of attachment must be given to the superintendent within twenty-four
hours of signing the copy of the evaluation report.
d. Following the completion of each
evaluation report required under paragraph 3 , here-in,
a meeting shall be held between the principal, or other supervisor, and the
employee to discuss the report.
e. In the event that any evaluation report indicates that the
employee has performance
deficiencies in one or more of the areas defined in the evaluation criteria,
the principal or other supervisor and the employee shall attempt to develop a mutually agreeable written plan designed
to improve the employees effectiveness in the deficient areas. In
connection with the development of such plan, consideration should be given to
utilizing the services of available-in-district resource
persons (e.g. coordinator, department head, psychologist, fellow teacher) to observe the employee's
performance and make recommendations for
im. If the supervisor and employee are unable to
agree upon a mutually acceptable plan, the supervisor
will prepare and deliver a plan to the employee.
PROBATION
1. SUPERVISOR'S REPORT - In the event that a principal or other supervisor
determines on the basis of the evaluation criteria that the performance of an
employee under his/her supervision is unsatisfactory, the supervisor shall report the
same in writing to the Superintendent on or before January 20. The report
shall include the following:
a. The evaluation report prepared pursuant to the provisions of paragraph
3 herein.
b. A recommended specific program designed to assist the
employee in improving his/her performance.
c. Any written comments by the employee.
2. ESTABLISHMENT OF PROBATIONARY PERIOD
a. Specific areas of performance deficiencies.
b. A suggested specific program for im.
c. A statement indicating the duration of the probationary
period and that the purpose
of the probationary period is to give the employee the opportunity to
demonstrate im in his/her area of deficiency.
d. A statement indicating areas of assistance to be provided by
the supervisory staff.
3 .
EVALUATION DURING THE PROBATIONARY PERIOD
a. At or about the time of the delivery of a
probationary
letter, the principal or other supervisor shall hold a conference with the
probationary employee to discuss performance deficiencies and the remedial
measures to be taken.
b. During the probationary period the principal or other
certificated evaluator shall
meet with the probationary employee at least twice monthly to supervise
and make a written evaluation of the progress, if any, made by the
employee. The provisions of paragraphs 6-a and 6-b,
(Evaluation Procedures) shall
apply to the documentation of evaluation reports during the probationary
period.
c. The probationary employee shall be removed from probation at
any time he/she
has demonstrated im to the satisfaction of the
principal
or other supervisor in those areas specifically detailed in his/her notice of
probation. In this event, a statement will be attached to the probationary
letter indicating the employee has successfully met the condi-
tions of probation.
4 . SUPERVISOR'S POST PROBATION REPORT -
Unless the probationary employee
has previously been removed from probation, the principal or other supervisor
shall submit a written report to the superintendent at the end of the
probationary period, which report shall identify whether the performance of the
probationary employee has improved and which shall set forth one of the
following recommendations for further action:
a. That the employee has demonstrated suffi-
cient im to justify the removal of
the probationary status: or
b. That
the employee has demonstrated suffi-
cient im to justify the
removal of the probationary status of accompanied
by a letter identifying areas where further
improvement
is required; or
c. That the employee has not demonstrated sufficient im and action
should be taken to non-renew the employment contract
of the employee.
5. ACTION BY THE superintendent - Following a review of all
reports submitted pursuant to paragraph 4 . The superintendent shall determine which
of the alternative courses of action is proper and shall take appropriate action to implement
such determination. In the event that the superintendent
determines that the employee has not demonstrated suffi-
cient im, the superintendent
shall make a determination of probable cause for the non-renewal of the employee's
contract and shall provide written notice thereof to the employee on or before May 15
pursuant to applicable law.
6. IMPLEMENTATION OF THE LAW - Should any conflict arise between
this procedure
and the law, the law shall be controlling.
The employer asserts that it
needs to be more definitive about when
each
step of the evaluation process will occur. It has advice of
legal
counsel that the current procedure does not conform to state
law,
in that there are problems with observations versus evalua-
tions, the timelines, and the number of
observations required.
Neither party stated the
union's position on this subject.
FINDINGS OF FACT
AND RECOMMENDATION ON EVALUATION,
CERTIFICATED STAFF The evaluation criteria
and procedures
proposed
by the employer are not uncommon in the education field.
During the presentation
of salary proposals, the employer appeared to
be attempting to use money, instead of the
evaluation process,
as a means of improving performance. The
employer should be
strongly encouraged to use the evaluation process as
the
method for obtaining satisfactory performance, and
the
adoption of the employer's proposal in this area
will hopeful-
ly provide that encouragement. Although the
union voiced no
objection to the employer's evaluation proposal, one substan-
tive change will be recommended in that the
employer's
proposal did not include the final paragraph
containing the
"supremacy of the law" clause. The
employer's proposal
references an evaluation from Appendix E and an
evaluator's
guide as Appendix F. Neither appendix was
submitted into
evidence. Since the union voiced no objection to any
part of
the employer's evaluation proposal, this
recommendation
assumes the appendixes will be attached to the
parties'
collective bargaining agreement. After living with the
evaluation forms for a year, if the union perceives a
problem
with them, it can propose changes during the
next regular
contract bargaining between the parties. Your
fact-finder
recommends: The parties should ratify the following
language:
Section 2.14 -
Evaluation, Certificated Personnel
The following cycle and
time lines will be observed
in
the certified evaluation process:
1. General
Certificated employees, for whom the Association is
the authorized bargaining representative, shall
be
evaluated during each school year in accordance
with the procedures and criteria hereinafter set
forth.
2. Responsibility for Evaluation
School administrators/designee shall be responsible
for the evaluation of employees assigned to
them.
Evaluation shall be made by the Principal/designee.
Any Principal/designee charged with the responsi-
bility of evaluation of employees may designate
other administrative employees to assist in the
observation and evaluation process.
3.
Evaluation Criteria
All
certificated employees, for whom the Associa-
tion is the authorized bargaining
representative,
shall be evaluated on the following criteria:
A. Instructional skill.
B. Classroom management.
C. Professional preparation and scholarship.
D. Knowledge of subject matter taught.
E. Handling of student discipline and atten-
dance problems.
F. Interest in teaching pupils.
G. Effort toward im
when needed.
All evaluations
shall be documented on the evalua-
tion report form which is attached
hereto as (Ap-
pendix E). In completing the evaluation report
form, the evaluator shall utilize the above crite-
ria in the evaluator's guide as set forth in (Ap-
pendix F) attached hereto.
Evaluations shall be
made in narrative form.
4. Required Evaluations
A. All employees newly employed by the
District
shall be evaluated within the first ninety
(90)
calendar days after commencement of their employment.
B. All employees, including new employees,
shall
be evaluated annually, such evaluations shall
be completed not later than the last day of
the year in which the evaluation takes place.
C. If an employee is transferred to another
position not
under the
supervisor's jurisdiction, an evaluation shall
be made at the time of such transfer. A note of
explanation shall be attached explaining the transfer.
D. If an employee resigns during the school
year,
a final evaluation shall be completed prior to
resignation date.
E. If the supervisor contemplates
recommending
that an employee be placed on probation, an
evaluation shall be made on or before January
5. Other Evaluations
Principals/designees
authorized to make evaluations
may make evaluations other than those specifically required
at any time during the school year. When such evaluations ar
made in report form, it shall be identified in the
evaluation
report both as to date, time and length of observation, and
shall be
discussed with the employee within reasonable time.
6. Observation Requirements
A. Each certificated employee shall be
observed
for the purpose of evaluation at least twice
during each school year in the performance of
assigned duties.
B. Observation time for the purpose of
evaluation
shall total not less than sixty (60) minutes
during each year.
C . Employees
newly employed by the District shall be
observed at least once during the first
ninety (90) calendar days of their employment
period for a total observation time of not
less than thirty (30) minutes....
7. Evaluation Procedures
A. Following each required evaluation observa-
tion, the principal/designee shall
promptly
document the results thereof using the appro-
priate evaluation report form
(Appendix E).
The
employee shall be provided with a copy of
the evaluation report within three (3) days
after such report is prepared.
B . The employee
shall sign the District's copy of
the evaluation report to indicate receipt of a
copy, provided, however, the signature of the
employee does not indicate agreement with or
approval of the report.
C. All evaluation reports shall be promptly
forwarded to the District's personnel office.
D. Within three(3)
working days after completion
of each required evaluation report, a confer-
ence will be held between the evaluation
supervisor and the employee to discuss the
report. If the employee disagrees with the
report, the employee shall be entitled to add
comments or explanations as he/she deems necessary.
E. In the event that an evaluation report indi-
cates that the employee has performance defi-
ciencies in one or more areas defined in the
evaluation criteria, the principal/designee
and the employee shall attempt to develop a
mutually agreeable written plan designed to
improve
the employee's effectiveness in the
deficient areas. In connection with the
development of such plan, consideration shall
be given to utilizing the services available
resource personnel to observe the employee's
performance and make recommendations for
im. (Appendix F)
8. Probation
A. Supervisor's Report. In the event the
Principal/designee determines that, based on
the evaluation criteria, the performance of
the employee is unsatisfactory, the Principal/
designee shall report the same to the Superin-
tendent on or before January 30. The report shall
include:
i. The
evaluation report on which
unsatisfactory performance has been based
ii.
Identification of specific areas
of
deficiency.
iii.
A specific and reasonable program
designed to assist the employee in improving
his/her performance and remedying his/her
deficiencies.
B. Probationary Period
If the superintendent concurs with the super-
visor's judgement that
the performance of the
employee is unsatisfactory, the superintendent
shall place the employee in a probationary status
beginning on or before February 1 and
ending on May 1. On or before February 1, the
employee shall be given written notice of the
action of the superintendent, which notice
shall contain the following information:
i. Specific
areas of performance defi-
ciencies.
ii.
A suggested specific and
reasonable
program for im.
iii.
A statement indicating the duration
of the probationary period and the purpose of
the probationary period is to give the employ-
ee the opportunity to demonstrate im
in his/her area or areas of deficiency.
C. Evaluation During
Probation
i. Within five (5) working days after
the delivery of the probationary letter, the
principal/designee shall schedule a personal
conference with the probationary employee to
discuss performance deficiencies and the
remedial measures to be taken.
ii. During the
probationary period, the
probationary employee will be evaluated at
least twice monthly by the superintendent/
designee to supervise and make a written
evaluation of the progress made by the employ-
ee, such evaluations shall be documented on
the regular evaluation report form (Appendix
E),
in accordance with the procedures set out
in Section 7 Evaluation Procedures.
iii.
The probationary employee may be
removed from probation at any time if there
has been demonstrated im
to the
satisfaction of the principal/designee in
those areas specifically set forth in the
notice of probation.
9.
Implementation of the Law.
Should any
conflict arise between this procedure
and the law, the law shall be controlling.
ISSUE TEN: FORMAL
DISCIPLINARY ACTION
(1987-88 language) Section
2.15:
No employee shall be formally disciplined
without just cause.
Formal discipline is defined
as disciplinary
action which results in a written
record being placed
in the employee's personal file.
The specific grounds forming the basis for
formal disciplinary
action will be made avail-
able to the employee
to the employee in writing.
Any formal disciplinary action taken against
an
employee shall be
appropriate to the behav-
ior
or situation which precipitates the action.
Any employee shall be entitled, upon his/her
request, to have
present a representative of the
teachers during any formal disciplinary action.
Any administrator shall be entitled to have a
representative of
their own choosing during
any formal
disciplinary action.
It is agreed that formal disciplinary matters
pursuant to this
provisions shall be subject to
the grievance
procedure contained
in the
Agreement. In matters involving adverse
contract changed,
including non-renewal and
discharge, affected
employees shall use appeal
procedures provided
in applicable statute
rather than the
grievance procedure of this Agreement.
The employer testified that
this language was a problem for both
parties,
because there was no reference to progressive discipline.
FINDINGS OF FACT AND RECOMMENDATION ON FORMAL
DISCIPLINARY ACTION A delineation of
progressive discipline steps was
found in a district policy attached to the
expired collective
bargaining agreement. An exhibit entered into evidence
was
entitled "Appendix I Progressive Discipline
Policy of the
Wellpinit School District No. 49". Since the goal that the
parties wanted to achieve was to recognize
Progressive
discipline in the collective bargaining agreement, the
contract language should be modified to accommodate
the
philosophy of progressive discipline and the Appendix
should
continue. Your fact-finder recommends: The parties
should
ratify the following language:
Section 2.15 -
Formal Disciplinary Action
1. No employee shall be disciplined without
just
cause.
All discipline shall be progressive in
nature,
as follows:
A. First offense - Verbal warning.
B. Second offense - Written warning.
C. Third offense - Disciplinary suspension,
demo-
tion, or leave f absence, with
pay.
D. Fourth offense - one to three day
suspension
or leave of absence without pay.
E. Fifth offense - Dismissal.
2. The specific grounds forming the basis
for
formal
disciplinary action will be made available
to
the employee, in writing.
3. Any formal disciplinary action taken
against
an
employee shall be appropriate to the behavior or
situation
which precipitates the action.
4. Any employee shall be entitled, upon
his/her
request, to have present a representative of the
teachers during any formal disciplinary action.
Any administrator shall be entitled to have a
representative of his/her own choosing during any
formal disciplinary action.
5. It is agreed that disciplinary matters pursu-
ant to this provision shall be subject to the
grievance
procedure contained in the Agreement. In
matters involving adverse contract changes, includ-
ing non-renewal and discharge, affected
employees
shall use appeal procedures provided in the appli-
cable statute, rather than the grievance procedure
Your fact-finder
further recommends: The Appendix
entitled
"Progressive discipline Policy of the Wellpinit
School District No.
1919 continues to be
attached
to the collective bargaining agreement.
ISSUE ELEVEN: BEREAVEMENT LEAVE
(1987-88 language) Section 3 .3 :
In the event of death in an employee's or
spouse's immediate family, the
employee shall
be allowed up to five (5) days
aggregate of
absence on full pay. Immediate
family is
defined as anyone living within the household
of the employee and/or father,
mother, sister,
brother, spouse, child,
grandparent, uncle, aunt,
nephew, niece, son-in-law,
mother-in-law and grandchild.
Request for bereavement leave must be approved by
the superintendent prior to the
actual leave. Such
leave is non-accumulative.
The employer proposed adding
"father-in-law" and "daughter-in-law"
to
the definition of family. additionally, it wanted to
reduce the
number
of days of leave from five to three. The employer contends
that
this is necessary because salary money for coverage of any
extra
days comes from its Basic Education Act allotment, and thus
reduces
the money the district has for its program offering.
Neither party stated the
union's position on this subject.
FINDINGS OF FACT AND RECOMMENDATION ON BEREAVEMENT LEAVE
Neither party presented any examples of use, much less abuse,
of bereavement leave during the time period of
the last
collective bargaining agreement to the present. The addition
of "father-in-law11 and
"daughter-in-law11 is logical to
complete the definition of family, but the employer
has not
advanced adequate reasons to reduce the number of
days
potentially available. The current language gives the
employer certain control over the use of the leave:
"up to
five days" shall be allowed; request for
the leave "must be
approved by the superintendent prior to" the
leave being
taken. Your fact-finder recommends: The parties
should
ratify the following language:
Section 3.3 -
Bereavement Leave
In the event of a death in an employee's or
spouse's immediate family, the employee shall be
allowed up to five (5) days aggregate of absence
on full pay. Immediate family is defined as
anyone
living within the household of the employee and/or
father, mother, sister, brother, spouse, child,
grandparent, uncle, aunt, nephew, niece, son-in-
law, daughter-in-law, father-in-law,
mother-in-law
and grandchild.
Request for bereavement leave must be approved by
the superintendent prior to the actual leave.
Such
leave is non-accumulative.
ISSUE TWELVE: PERSONAL LEAVE
(1987-88 language) Section
3.4:
Two (2 )
days per contract year may be granted
for
personal leave. Notification shall be given to
the
immediate supervisor at leave one
(1) full
day prior to the leave. In the event that one
(1) full
days notice is not possible under the
circumstances,
as much notice as is possible
will
be given to the immediate supervisor.
When personal leave is
requested for business,
household,
or family matters (as distinguished from "personal"
matters)
, the immediate super- visor may require that the
employee
give reason(s) for the leave. It is understood that
personal
leave for business, household, or family matters
will
be granted contingent on prior approval and when the
necessity
for the leave makes it impossible for the employee
to
attend to the matter during non-work hours..
Only one (1) employee will be
allowed to
utilize
personal leave on any given day.
Personal leave does not accrue
year to year.
The employer proposed to
delete the entire section. It advanced
that
there was a letter between the parties stating that 1987-88
would
be the last year that personal leave would be granted.
additionally,
the employer claimed that the money for the coverage
of
these days would be from the "01 accounts", and that it did not
want
to use program funds in this manner.
Neither party stated the
union's position on this subject.
FINDINGS OF FACT AND RECOMMENDATION ON PERSONAL LEAVE The
employer did not put any document into evidence to
support its
claim about personal leave being abandoned by
agreement of the
parties after 1987-88.5 The employer voiced a general
hesitancy to use program monies for any leave
coverage, but it
did not offer specific evidence of programs
that would have to
be curtailed or eliminated if personal leave
continued.
Personal leave provisions are common in certificated collec-
tive bargaining agreements throughout the state.
Your fact-
finder recommends that the parties should:
Maintain the
Section 3.4 - Personal Leave language of the 1987-88 collec-
tive bargaining agreement.
_______________
5 An
attachment to the parties' 1987-88 contract entitled
"Negotiations for 1984-85"
referenced a "District
Discretionary Day" that was available
for the 1984-85
school year only. It
specified that "... this option
shall
unconditionally expire on
ISSUE THIRTEEN: DURATION OF
AGREEMENT
(1987-88 language) Section
7.1:
For teaching salary purposes, this Agreement
shall be effective
September 1, [obliterated].
The remainder of the provisions shall be
effective upon
ratification by both parties
and shall continue
in effect until August 31,
1986/87, except as expressly modified below.
On that days, all terms and conditions of
this
Agreement shall unconditionally expire.
[In an addendum, the contract was made
effective
1988. ]
The employer proposed
basically a two-year agreement, from
contained a
clause making the provisions effective upon ratifica-
tion. The employer's proposal also eliminated
the "unconditionally
expire"
sentence.
The union advances that the
bargaining unit members' salaries have
been frozen
since
being
effective
employees
need salary relief retroactive to 1988. It also contends
that
the retroactive salary increases should be paid with interest,
because
the state has funded increases each year that the district
has
not passed through to the bargaining unit members.
FINDINGS OF FACT AND RECOMMENDATION ON DURATION Neither
party argued this provision adequately. The
impact of the
employer's proposal would have the parties begin
bargaining
for the 1991-92 school year immediately after
receiving this
fact-finding report. The union's proposal would cause
interest to be awarded on retroactive salary monies
for three
years where the union might, itself, have been
responsible for
some of the delay. The parties need a respite
from the
bargaining table in order to let their
labor/management
relationship level out. The Commission records show that
the
parties mutually sought mediation from the
Commission
resolve their dispute on January 18, 1990.6
The duration of
the collective bargaining agreement should
cover the year in
which the parties sought mediation, the time the
parties were
in mediation and fact-finding, and the year
following the
issuance of the fact-finding report. Your
fact-finder recommends:
The Parties should ratify the following language:
Section 7.1
- Duration
This agreement shall be effective retroactively to
until
_____________
6
ISSUE FOURTEEN: EXTRA-CURRICULAR STIPENDS
(1987-1988 language) Appendix
- Extra-Curricular Stipends:
Head Football Coach $1705.00 ... 10%
Assistant $1023.00.. ..6%
Head Volleyball Coach $1705.00...10%
Assistant $1023.00.
... 6%
Head Boys Basketball Coach $1705.00. . .10%
Assistant $1023.00....6%
Head Girls Basketball Coach $1705.00 ... 10%
Assistant $1023.00 ..... 6%
Head Baseball Coach $1364.00.......8%
Head Softball Coach $1364.00...... 8%
Journ/Annual Advisor $1023.00 .... 6%
Athletic Director $2046.00...12%
Wrestling $1705.00
... 10%
Track $1364.00 .... 8%
Gymnastics $1364.00 .... 8%
Cheerleader Advisor $1023.00 ....
6%
Cross Country $1023.00 .... 6%
Jr. High Head Boys
Basketball Coach $1023.00 .... 6%
Jr. High Head Girls Basketball
Coach $1023.00
.... 6%
Jr. High Head Football Coach $1023.00
.... 6%
Jr. High Head Volleyball Coach
$1023.00
.... 6%
Christmas Program Director $341.00.....2%
The employer's proposal
eliminates all references to a percentage
increase.
It lists, instead, set dollar amounts. It is unclear
how
the employer developed the dollar amounts it offered. The
pervious percentages
were based on the state allocation salary
schedule.
The employer's offer increased the amounts at different
rates:
10% stipends were increased by 2.5%; 0% stipends were in-
creased
by approximately 15%; 6% stipends were increased by
approximately
25%, for example. The employer proposal eliminated
the
gymnastics coach stipend and the assistant coach stipends for
volleyball
and boys and girls basketball. It combined the track
and
cross country positions into one stipend payment. It divided
the
cheerleader advisor payments into three equal sums to cover the
separate
seasons of football, basketball and wrestling. It changed
the
"Journ/Annual Advisor" title to
"Annual/School Paper". It
added a
new category of "Senior Class Advisor" for a stipend. At
$4,000.00, the employer almost
doubled the amount offered for the
athletic
director. The employer also sought language that would
allow
the district the right to add or revise the schedule "as
needed".
Moyer also testified that there was concern about having
to
pay a coach's stipend even though the sport was canceled because
not
enough students were interested in the activity.
The union's proposal
maintained percentage calculations, all
indexed
to the salary schedule.7 The
10% and 8% stipends were
proposed at
12%; the 6% stipends were changed to 10% at the high
school
and 8% at the junior high school. The proposal added
______________
7 It
is not stated whether the percentages were from
the base of the
state allocation model or were to be
calculated from each
coach's or advisor's actual salary.
"Senior Class
Advisor" and "General Class Advisor" as two new
categories.
The union echoed the employer's proposal of $4,000 for
the
athletic director, and also sought an additional preparation
period
for that position. 8
FINDINGS OF FACT AND RECOMMENDATION ON EXTRA-CURRICULAR
STIPENDS The
parties have long lived with the payment for
extra-curricular stipends as percentage calculations. The
employer advanced no adequate reason to justify
changing that
practice. since the salary
discussion that follows refers to
the state allocation model, the
extra-curricular language
should be clarified to specify that the
percentages are from
the base salary of that model. Also, since the
base figure to
be used to calculate the stipends will be
substantially
increased over the 1987-88 level, most of the actual
percent-
ages themselves will not be recommended to be
increased. The
athletic director stipend should be increased to
$4,000 and
indexed to the base salary. There was no testimony
as to why
an extra preparation period was needed for
that position, so
that will not be recommended. The senior class
advisor will
qualify for a new stipend. Again, because there was
no record
made on the general class advisor, that position
will not be
added to qualify for extra payment. By that same
token, the
employer offered no justification for the
eliminations and
combinations in its proposed schedule, so those will not
be
recommended. Your fact-finder recommends: The Parties should
ratify the following language:
Appendix - Extra-Curricular Stipends
Athletic Director $4,000 *
Head Football Coach 10%
Assistant 6%
Head Volleyball Coach 10%
Assistant 6%
Head Boys Basketball Coach 10%
Assistant 6%
Head Girls Basketball Coach 10%
Assistant 6%
Head Baseball Coach 8%
Head Softball Coach 8%
Journ/Annual Advisor 6%
Wrestling 10%
Track 8%
Gymnastics 8%
Cheerleader Advisor 6%
Cross Country 6%
Jr. High Head Boys Basketball Coach 6%
Jr. High Head Girls Basketball Coach 6%
Jr. High Head Football Coach 6%
Jr. High Head Volleyball Coach 6%
Christmas Program Director 2%
Senior Class Advisor $
500 *
* Dollar amounts listed are to be indexed to the salary schedule.
All percentages are to be calculated from the base salary
[Years = 0: BA column] of the state allocation model referred
to in the "wage" section.
The district has the right to cancel an activ-
ity, without having to pay the extra-curricu-
lar stipend, if not enough students turn out
for the sport/activity at the beginning of the
season.
_____________
8 At the January 30, 1991, meeting between the local members
of the bargaining
unit and the employer, the employees made
the following
proposal:
Coaching and Coaches' Salaries:
The coaches will be paid from
a pool that will be devel-
oped by the teachers. The district will take
3% from each teacher's salary
and put the money
into
the coaches' pool. All coaching positions must
be
offered to certified staff members before being
offered
to a non-certified or a non-staff person.
At the fact-finding hearing,
the UniServ representative objected
to
the introduction of this proposal, because he was unaware
of
the offer. He maintained that the official union position
continued
to be the historical listing of each coaching category
with a
defined percent- age stipend.
ISSUE FIFTEEN: JOB
DESCRIPTION
(1987-88 language) [There was no language about job
descriptions in the 1987-88 collective bargaining
agreement. ]
The employer offered a full
job description at the hearing.
The union voiced no objection.
FINDINGS OF FACT AND RECOMMENDATION ON JOB DESCRIPTION
Since neither the employer nor the union evidenced any
controversy over this proposal, your fact-finder
recommends:
The parties should ratify the following language:
APPENDIX
- JOB DESCRIPTION
TITLE: CERTIFIED TEACHING STAFF
QUALIFICATIONS:
1. A certificate for the particular
position as
required by the State Board of Education.
2. Such additional requirements as set by
the
board.
REPORTS TO:
Principal and/or assigned
SUPERVISES:
May be required to supervise
Instructional
Aids, Classroom Aids
and/or volunteers
JOB GOAL: To enable the district to provide
quality education for all children
in the school system
GENERAL
RESPONSIBILITIES:
1. Professional skills: The teacher is
expected
to establish procedures of management to
allow a maximum of learning and a minimum of disci-
plinary action by:
* Planning and organizing effectively.
*
Demonstrating competency in
his/her area.
*
Creating and maintaining an
atmosphere
conducive to learning.
* Providing opportunities for pupil partici-
pation in educational activities.
*
Making provisions for individual
differ-
ences.
* Encouraging the
development of independent
work
habits.
* Encouraging a flexible,
individual approach
to
problem solving.
* Using appropriate
language for students to
model.
* Using varied and
appropriate instructional
techniques
to accomplish predetermined in-
structional objectives.
2. Professional relationships: The teacher
is expected to
establish and maintain a professional relationship with students by:
* Encouraging
respect for the rights, opin-
ions, property, and contributions of others.
*
Being sensitive to factors which
affect
pupil achievement and behavior in educa-
tional, social and/or extracurricular pro-
grams.
*
Being available for extra help.
*
Using methods of management that
result in
desired changes in behavior. Communicating and
maintaining a working relationship with parents.
Maintaining confidentiality with respect to
students and their records.
* Refraining from personal criticism of
staff
to students.
* Avoiding use of position for
commercial gain.
The
teacher is expected to establish and
maintain a professional relationship with fellow staff members by:
*
Cooperating with other staff
members.
*
Consulting with coworkers in
evaluating and
meeting student needs.
* Leaving clear and complete instructions
for
substitutes.
* Following the curriculum, policies,
mission
and goals approved by the Board.
* Cooperating in evaluation of present
cur-
riculum.
* Recommending possible revision of curricu-
lum.
3. Professional
Development: The teacher is
expected
to demonstrate professional devel-
opment by:
* Participating actively in inservice programs.
* Keeping abreast of professional
developments
in his/her particular area and in education
as a whole.
* Exploring new teaching
techniques as alternatives
to
better accomplish predetermined
instructional
objectives.
The teacher is expected
to follow the code of
ethics
as outlined by his or her respective
professional
group.
TERMS OF EMPLOYMENT:
Salary and work year to be established in accor-
dance with particular position and appropriate
Board-staff agreement.
EVALUATION:
In accordance with Board policy and appropriate
procedural regulations on Evaluation of Certified
Staff Personnel.
ISSUE SIXTEEN: TERO
COMPLIANCE
(1987-88 language) [There was no language about
TERO compliance
in the 1987-88
collective bargaining agree-
ment.
]
On
the
authority of the Constitution of the
a
Tribal Employment Rights Ordinance (TERO). The stated purpose of
the
Ordinance is to ".. assist in and require the
fair employment
of
Indians on or near the
discrimination
against Indians in the employment practices of
Reservation
employers. ” The TERO applies to the school district
as
an
employer engaged in work on the Reservation. Section 5.0 of the
TERO requires compliance by
Unions, as follows:
Every union with a collective bargaining
agreement with an
employer must file a written
agreement stating
the union will comply with
this Ordinance and
the Rules, Regulations and
Orders of the [
Commission. Until
such agreement is filed
with the commission,
employers may not com-
mence
work on the Reservation.
The
agreement
to the parties during their negotiations. The employer
proposed
that the model be adopted exactly as written. The
employer
asserted that since one-third of its budget is funded by
federal
‘‘impact aid” money, it believed it must comply with the
ordinance.
The union desired modifications
to the model which would allow it
to
have an agency shop clause, and to have the employer hold the
union
harmless in the face of any controversy over TERO compliance.
FINDINGS OF FACT AND
RECOMMENDATION ON TERO COMPLIANCE The
matter of TERO compliance was presented to the
fact-finder as
an item that was at impasse between the
parties, blocking the
settlement of their collective bargaining agreement,
thus a
finding and recommendation will be made on the
issue. 9
________________________________
9 It
is unclear whether the parties’ collective bargaining agreement must contain
TERO compliance
language, if the model Memorandum of Understanding between the parties will
suffice, or if TERO compliance can be achieved by other means. Certainly this fact-finding report cannot rule on whether TERO compliance is a
mandatory subject of bargaining. WAC
391-55-345. Nor does this report pretend to rule on any potential conflict of laws question.
Section 5.l(e) of the TERO details:
The union
will grant temporary work permits to
Indians who
do not wish to join the union.
additionally,
Section 5.4 of the TERO specifies:
In any hearing before the Commission where the
issue is compliance by an employer of any of the
requirements and provisions of the foregoing sub-
sections of Section 5, the burden of proof shall be
on the employer rather than on the employee or
other complainant to show said compliance.
Based on the language of the TERO, without any direction from
the parties otherwise, the union's modification
regarding the
agency shop provision will not be recommended, but
a modifica-
tion to add a hold-harmless clause is
appropriate. Your fact-
finder recommends: The Parties should ratify the
following
language:
MEMORANDUM
OF UNDERSTANDING
BETWEEN
AND
WELLPINIT
EDUCATION ASSOCIATION
This memorandum of
understanding relates only to
work
performed with the
and
further relates only to those individual em-
ployees hired and/or applicants referred for em-
ployment through the
Rights
Office.
HIRING: The parties
agree to include and/or modify
the
Master Labor Agreements to assure the
Tribal Employment
Rights Office has exclusive re-
ferral rights for Indian preference applicants for
employment
opportunities available within the
meet
and establish hiring procedures consistent
with
the
nance.
Union Membership: The
parties recognize all em-
ployees have the right to self-organization, to
collective bargaining through representatives of
their own choosing, and the right to refrain from
any and all such activities.
If the employee chooses the option of joining the
with membership shall apply, but no Indian
prefer-
ence employee shall be required and/or coerced
in joining or not joining the
Training: The parties recognize the necessity for
specialized training and agree to meet and estab-
lish applicable training rates where necessary.
Supervisors and professional personnel: The par-
ties recognize the necessity of the employer to
recruit and/or hire supervisory and/or professional
personnel for business necessities within the
appropriate qualifications in filling those posi-
tions.
The
be given first call priority rights before adver-
tising any employment opening within the Wellpinit
School District #49 and only qualified Indian
Preference applicants will be given due consider-
ation.
The District will hold the Association harmless
from all liability based on the District's compli-
ance with the
Ordinance.
Complaint procedures: All violations or complaints
within this agreement shall be addressed through
procedures within the
Rights Ordinance.
ISSUE SEVENTEEN: SALARY
SCHEDULE
(1987-88 language) Appendix -
Salary Schedule:
YEARS OF
SERVICE BA BA-15 BA+30 BA+45
BA+90 MA MA-45
MA+90
or PHD
0
1
2
3
4
5
6
7 [The actual salary amounts were printed
8 in the Appendix. Those figures have
9 been left out here, as they are not
10 necessary for understanding the wage
proposal.]
11
12
13
14 or more
The employer proposed
continuing the statewide salary allocation
schedule,
as amended by the Legislature, for a teacher's first
seven
years of work. After the seventh year of teaching, the
bargaining
unit member's salary would be tied directly to his/her
performance
evaluation. The employer characterized this as a self-
policing
wage offer: If the employee wanted to do the bare minimum
of
work, he/she could: but if the employee wanted to do more work,
then
that employee would be rewarded for the effort with more
money.10 Moyer did testify that previously,
for as long as he had
served
on the school board, the district had always passed all the
state
allocated money through to the certificated staff.
_______________
10 Specifically,
the employer proposed:
MERIT PAY SYSTEM FOR
CERTIFIED EMPLOYEES
The Board's philosophy
regarding MERIT PAY for
certified
employees is that those persons
doing
the best job should receive the best
pay.
1. Certified employees will be
asked to play a
key
role in developing the process and
criteria
for evaluation.
2. Administrators and/or
supervisors will
make
the evaluation of the certified staff
their
first priority.
3. During the spring the Board
will determine
the
approximate amount of money to be spent
and
negotiate merit pay increases.
4. At
the end of the evaluation cycle, the
administrators
and/or supervisors will deter-
mine
which of the certified staff have done
outstanding,
competent, or unsatisfactory
work
over the past year and will classify them
accordingly.
The Board desires that the
certified staff with
similar
accomplishments receive similar raises, therefore:
1. All certified personnel
with performance
classified
as outstanding or competent will
receive
their standard increment as determined
by
the amount of money available divided equally.
2. Personnel with performance
classified as
unsatisfactory
will receive no increment of increase.
They will be placed in an
intensive im
program
and without im may be dismissed.
With this philosophy in mind:
____
The union voiced a strong
objection to the employer's proposal.
The union believes that the
district had a failing administrator
who
could not deal with teachers who might demonstrate poor
performance,
and that the district was therefore prompted to use
money
as a motivator. The union proposed that the statewide salary
allocation
schedule be continued. The union did acknowledge that
the
appropriations act stated that "not more than" the state
allocation
could be spent on certificated salaries for the work
year
and that all of the money did not have to be put on the salary
schedule.
The union also agreed that the Legislature set the exact
salary
level for only the first year BA degree teacher and the
first
year MA degree teacher; apart from those two cells, the
district
did not have to follow the state allocation model.
FINDINGS
OF FACT AND RECOMMENDATION ON SALARY SCHEDULE
The record
establishes that the District has placed employees on
probation over the past few years. Grievances were
filed and
the employer never proceeded with the
discipline, because it
was advised that it had "bad forms".
The evaluation procedure
is the proper method to use to correct
performance, and the
fact-finder is recommending the changes the employer
sought in
the evaluation section of the collective
bargaining agreement.
It is not proper to withhold money that the state allots to
the district for each certificated employee based
on his/her
level of training and length of experience. The
parties have
lived with the statewide salary allocation
schedule since
1977. The employer advanced no persuasive reasons to abandon
that schedule. Since the bargaining unit members
have not
received a recent pay increase, but the state
continues to
allocate increased amounts of money to the district
based on
each employee's length of service and level of
education every
year, the salary recommendation is to be
retroactive to the
effective date of the collective bargaining
agreement. Your
fact-finder recommends: The Parties should ratify
the
following language:
STATEWIDE SALARY ALLOCATION
SCHEDULE
FOR CERTIFIED INSTRUCTIONAL
STAFF
YEARS
OF
SERVICE BA BA-15
BA+30 BA+45
BA+90 MA MA+45 MA+90 or Ph.D
0
1 [The appropriate salary amounts, as verified by the
2 Office of the superintendent of Public Instruction
3 for the State of
4 the schedule for the years that this collective
5 bargaining agreement is in effect,e.g., 1989 -
6 1990, 1990 - 1991, 1991 - 1992.1
7
8
9
10
11
12
13
14
15 or more
The salary payments are
retroactive to September 1,1989. Any
retroactive
increases due to a bargaining unit member based on
additional
experience and/or increased educational level are to
be
paid to the bargaining unit member in the pay period following
prompt
ratification of the collective bargaining
agreement
by both parties.
RESPONSIBILITIES OF PARTIES
The above report and
recommendations addresses all the items that
were
presented at the fact-finding hearing. The parties are
reminded
of the requirements of the statute and administrative code
at
this point. Specifically:
RCW 41.59.120 RESOLVING IMPASSES IN
COLLECTIVE
BARGAINING--MEDIATION--
FACTFINDING WITH RECOMMENDATIONS--
OTHER.
...
(3): Such [fact-finder's] recommenda- tions, together
with the findings of
fact, shall be submitted in writing to the
parties and the
commission privately before they are made
public. Either the
commission, the fact- finder, the employer,
or the exclusive
bar- gaining representative may make such
findings and
recommendations public if the dispute is not
settled within five
days after their receipt from the fact-finder.
***
WAC 391-55-350 EDUCATIONAL
EMPLOYEES --
RESPONSIBILITY OF PARTIES
AFTER FACT-FINDING.
Not more than seven days after the findings
and recommendations
have been issued,
the parties shall notify the commission and each
other whether they
accept the recommendations of the fact-finder. If the recommendations
of the fact-finder are rejected by one or both parties
and their further
efforts do not result in an agreement, either party
may request
mediation pursuant to chapter 41.58
RCW and, upon the concurrence of the other
party, the executive
director shall
assign a mediator.
DATED at
KATRINA
I. BOEDECKER, Fact-finder