bellevue sd bus drivers collective bargaining agreement

8/11/2019 Bellevue SD Bus Drivers Collective Bargaining Agreement

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1 SEPTEMBER 2013 - 31 AUGUST 2016

AGREEMENT

between

BELLEVUE SCHOOL DISTRICT NO. 405

and

SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 925

BUS DRIVERS

L O C A L 9 Z

b

S IUtronger Together

anuary 2014


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T BLE OF CONTENTS

ARTICLE 1 - UNION RIGHTS ...................................................................................................... 11 1 Recognition .............. , ....................................................................................................... 11 2 Dues Deduction ................................................................................................................. 11 3 Pertinent Data ................................................................................................................... 21 4 Building Access ................................................................................................................ 21 5 Bulletin Boards ................................................................................................................. 21 6 Work Site Representatives ................................................................................................ 31 7 Union Activity .................................................................................................................. 31 8 Negotiations Committee ................................................................................................... 31 9 LaborlManagement Committees ....................................................................................... 4

1.10 No Strike Pledge ............................................................................................................ 51 11 Distribution o the Agreement ...................................................................................... 51 12 Mail Services ................................................................................................................. 5

ARTICLE 2 - MANAGEMENT RIGHTS ...................................................................................... 5

ARTICLE 3 - CONDITIONS OF EMPLOYMENT ....................................................................... 63 1 Definitions o Employees ................................................................................................. 6

3.2 Union Security .................................................................................................................. 63 3 Probationary Period .......................................................................................................... 7

3.4 Workweek ......................................................................................................................... 7

3.5 Workday ............................................................................................................................ 7

3.6 Ski School Workday) ....................................................................................................... 8

3.7 Work Period ...................................................................................................................... 8

3.8 Overtime ........................................................................................................................... 8

3.9 Call-Back Pay ................................................................................................................... 9

3.10 Workweek Prior to the Start o School ......................................................................... 93 11 Minimum Hours ............................................................................................................ 9

3.12 Higher Job Classification ............................................................................................ 1 0

3 13 Rehires ......................................................................................................................... 10

3.14 Job Description ............................................................................................................ 11

3.15 Medical Examinations ................................................................................................. 11

3.16 Special Equipment ....................................................................................................... 11


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8 7 Child Care Leave ............................................................................................................ 31

ARTICLE 9 GRIEVANCE PROCEDURES .............................................................................. 31

9 1 Purpose ............................................................................................................................ 31

9.2 Definitions ....................................................................................................................... 31

9 3 Procedure ........................................................................................................................ 31

9.4 Time Limits ..................................................................................................................... 33

9 5 Medical Arbitration ......................................................................................................... 33

ARTICLE 10 PERSONNEL FILES ........................................................................................... 34

ARTICLE 11 PERFORMANCE EVALUATION .................................................................... .3411 1 Procedure ..................................................................................................................... 34

11.2 Evaluation Appeal ....................................................................................................... 35

ARTICLE 12 HEALTH AND WELFARE ................................................................................ 3612 1 Health Benefits ............................................................................................................ 36

12.2 DentalNision Insurance .............................................................................................. 3612 3 Life Insurance .............................................................................................................. 36

12.4 Retirement ................................................................................................................... 3612 5 Industrial Insurance ..................................................................................................... 37

12.6 Summer Medical Insurance ......................................................................................... 37

12.7 Section 125 .................................................................................................................. 37

ARTICLE 13 COMPENSATION ............................................................................................... 3713 1 Salary ........................................................................................................................... 37

13.2 Increments ................................................................................................................... 38

13 3 Premium Pay ............................................................................................................... 38

13.4 Meetings/Training ....................................................................................................... 38

13 5 Replacement o Personal Belongings .......................................................................... 39

13.6 Staff Development ...................................................................................................... 39

13.7 Attendance Bonus ....................................................................................................... 39

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ARTICLE 14 - COMPUTING P y ............................................................................................ 41

14 1 Pay Hours ................................................................................................................... 41

14.2 Ski School ........................ .......................... ........................... .......................... ............ 41

14 3 Extended Field Trips Overnight and Long Trips) ................................ ..................... 41

14.4 Assignments Highest Rate) ........................ ............................. ............................ ...... 41

ARTICLE 15 - ASSIGNMENT/SELECTION OF BUSES ......................................................... 42

ARTICLE 16 - ACCIDENT REVIEW COMMITTEE ................................................................ 42

ARTICLE 17 - UNSAFE VEHICLES .......................... ............................. ............................. ..... 42

ARTICLE 18 - SPECIAL PERMITS ........................................................................................... 42

ARTICLE 19 - LIABILITY INSURANCE .................................................................................. 43

ARTICLE 20 - SUBCONTRACTING ......................................................................................... 43

ARTICLE 21 - ENTIRE AGREEMENT ..................................................................................... 44

ARTICLE 22 - CONDITIONS OF THE AGREEMENT ............................................................ 44

22.1 Severability ........................... ........................... ........................... ............................ .... 44

22.2 Duration ........................... ............................ ............................. ............................ ...... 44

22.3 Modification ........................ .......................... .......................... .......................... ......... 44

22.4 Reopener ........................... ........................... ........................... ........................... ......... 44

APPENDIX A ............................................................................................................................... 46Salary Schedule 2013-2014 ...................................................................................................... 46

APPENDIX B ............................................................................................................................... 47

Salary Schedule 2014-2015 ...................................................................................................... 47

APPENDIX C ............................................................................................................................... 48

Salary Schedule 2015-2016 ...................................................................................................... 48

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AGREEMENT BETWEEN

BELLEVUE SCHOOL DISTRICT NO. 405

and

SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 925

TRANSPORTATION EMPLOYEES

THIS AGREEMENT, made and entered into by and between the Bellevue School DistrictNo. 405 (District) and the Service Employees International Union, Local 925 (Union), is for thepurpose o governing their labor relations by fixing the following scales o wages, schedules ohours, and conditions o employment for all bus drivers o the District.

ARTICLE 1 UNION RIGHTS

1 1 Recognition

The District agrees to recognize the Union as the sole bargaining agent for all hourly busdrivers o the District and to deal with the representatives o the Union with respect towages, hours and working conditions, and adjustment o grievances arising under thisAgreement.

1.2 Dues Deduction

Upon receipt o a written authorization signed by a bargaining unit employee, the Districtshall deduct from the pay o such employee the amount o dues as certified by thebargaining agent to be uniformly required as a condition o membership in the Union,and shall transmit the same to the Union each month.

Such authorization will be continuous from one Agreement to the next, except in the caseo termination, resignation, or written notice from the employee canceling suchauthorization.

Dues deductions authorization by the employee shall be on a form approved by theparties to this Agreement.

The Union will indemnity, defend and hold the District harmless against any claimsmade, and any suit instituted against the District on account o any checkoff o Uniondues. The Union agrees to refund to the District any amounts paid to it in error onaccount o the checkoff provision upon presentation o proper evidence thereof.


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Committee on Political Education (COPE)

Employees who submit a voluntarily signed authorization form for a voluntarycontribution to the Union s political action fund (COPE) shall have suchcontribution deducted from their pay warrants by the Employer.

1.3 Pertinent Data

1 3 1 New and Terminated Employees

On a monthly basis, the District shall forward to the Union alphabetical rosters of all newand terminated employees including the employee s name, address, date of hire ortermination, jo classification, rate of pay and FTE status and work location. This

information will be transmitted by hard copy or electronically. The District agrees tomake available to the Union upon written request an employee s home phone number.

1.3.2 All Employees

In November, February and May of each school year, the District shall forward to theUnion an alphabetical roster of all bargaining unit employees including the employee sname, address, date of hire, job classification, rate of pay and FTE status. Thisinformation will be transmitted by hard copy or electronically. The District agrees tomake available to the Union upon written request an employee s home phone number.

1.4 Building Access

The authorized representatives of the Union shall have access to the District s premisesduring working hours for the purpose of adjusting grievances, investigating workingconditions, or ascertaining that provisions of this Agreement are being adhered to;provided the representatives notify the supervisor of their presence and that they do notinterfere with employees in the performance of their duties.

The Union shall furnish the District with the names of its authorized representatives.

1 5 Bulletin Boards

The District will make available suitable space for the exclusive use of the Union forposting notices of its meetings, elections, recreational and social affairs, reports of Unioncommittees, and rulings and policies of the Union. Notices and announcements shall notcontain anything political or reflecting adversely upon the District, any of its employees,students, or any labor organizations among its employees.

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1.6 Work Site Representatives

The District agrees that the Union will be permitted to appoint work site representativesand Chapter Officers. The duties o the work site representative and Chapter Officershall not interfere with the regular work assigned to that employee by the District, or withnormal functions o the District. When a work site representative is performing suchduties on work time, with prior agreement that the representative s assistance is mutuallybeneficial to the District and the Union, he/she shall be treated as i working for theDistrict for pay and benefit accrual purposes.

The Union shall furnish the District with the names o the work site representatives andChapter Officers.

SEIU worksite representatives and Chapter Officers covered under this contract shall beprovided up to twenty (20) hours per year o paid released time to participate in grievancemeetings pursuant to Article 9.3, meet and confer, or labor management councilmeetings.

No more than two (2) drivers shall be released pursuant to this provision at any giventime without the written authorization o the District provided to SEIU in advance.

Additional requests for released time to attend union-sponsored meetings, trainings, oractivities must be submitted to the immediate supervisor. Approval o such releasedtime will be based on the operational needs o the District.

1 7 Union Activity

The Union agrees that activities related to the internal operation o the Union andactivities not specifically authorized by the terms o this Agreement shall be performedonly during the time employees are not assigned duties. Examples o such activitiesinclude solicitation o membership, distribution o literature, preparation for negotiations,preparation o unfair labor practice complaints, campaigning for Union office, andinvestigation and preparation o employee grievances.

1.8 Negotiations Committee

(a) A Negotiating Committee may be selected by the Union.

Negotiation sessions will be held at a time mutually agreed to by the District and theUnion. When negotiation sessions are scheduled to commence between the hours o6:30 a.m. and 4:30 p.m., the District shall compensate no more than five (5) employeemembers o the negotiating committee who are in attendance at the session for theactual length o the session during their regular duty day or for two hours, whicheveris less. When the session continues longer than two hours and is held during theemployee s duty day, the Union shall reimburse the District for salary and benefits inexcess o the two hours, unless otherwise mutually agreed upon.

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b) Employees acting as Union representatives at meetings called by the District shall be

released from work duties with pay and benefit accrual to attend when such meetingsare held during normal working hours. Such meetings and the number o f employeesto be released from work duties will be mutually agreed to by the District and theUnion.

1.9 Labor/Management Committees

The parties recognize the importance of timely and open discussions between the Districtand the bargaining unit and its representatives on matters affecting theemployer/employee relationship. This Section establishes a procedure for either party toinitiate discussions regarding administration o f this Agreement and other matters o f

general concern affecting District conditions of employment.

l.9.1 Meet and Confer

Matters of common concern to the parties will be the subject of meet and conferdiscussion upon request by either party. Issues for meet and confer will relate to theday-to-day operations o f the Transportation Department. Meet and confer meetings willbe scheduled in advance. n agenda shall be developed by the parties. This provisionshall not preclude the parties from meeting at anytime for any reason concerning anemergent situation.

1.9.2 LaborlManagement Committee

1 There is hereby established a LaborlManagement Committee consisting o fnot more than four 4) members selected by the Union and a like numberselected by the District. The Committee shall meet on an as-needed basis asagreed by the parties but not less than three times a year i f requested by eitherparty, for the purpose o f reviewing the administration o f this Agreement andattempting to resolve problems that may arise. All meetings o f theCommittee shall start and end between the A.M. and P.M. assignments withmembers of the bargaining unit being granted time off without loss o f pay forall regularly scheduled hours not worked. Likewise, the District will not berequired to compensate Committee members for time spent after theirregularly scheduled hours.

2 A proposed agenda will be prepared by the convening group and distributedreasonably in advance o f the meeting. The agenda for these Committeemeetings will be limited to items which are of a group, rather than individualinterest or concern. The Committee through its representatives shall writedown any outcomes agreed upon at the meeting. f agreed upon in advanceby both the Union and the District, either party may have one or more a smallnumber) of observers attend a given Labor/Management Committee meeting.Such observers are not to participate or in any way interrupt the proceeding o f

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be members o the Union shall pay an amount o money equivalent to regular dues to theUnion as a representation fee. Provided further that in accordance with various

decisions o the United States Supreme Court employees who object to dues and feesbeing used for Union activities not directly related to representation shall pay an amounto money to the Union that is a reduction o regular dues as required under the law.

No employee will be terminated by the District for nonpayment o the regular fees andmonthly dues unless the Union first has notified the employee by letter explaining thatthe employee is delinquent in payments and specifying the current amount o suchdelinquency, and warning himlher that unless such fees and/or dues are tendered withinthirty (30) calendar days, he/she will be reported to the Office o the Superintendent fortermination. The Union will furnish the Office o the Superintendent with a copy o theletter sent to the employee and notice that the employee has not complied with the

request for payment. Such notices shall be sent to the employee and employer at thesame time. The District agrees to discharge any employee who fails to fulfill hislherobligation under this Article.

3.3 Probationary Period

A new employee shall be subject to a ninety (90) workday probationary periodcommencing with hislher first (1st) compensated day o employment. The probationaryperiod shall be extended by one day for each day the employee is absent for an excusedor unexcused absence. During this period, such employees shall be considered on trialsubject to termination at any time at the sole discretion o the District. Discharge o anemployee during this probationary period shall not be subject to the grievance procedure.All other provisions o this Agreement shall be applicable to employees on probation.

Upon successful completion o the probationary period the employee shall be moved toLevel 2 on the wage scale.

3.4 Workweek

The workweek for hourly employees shall begin at 12:01 Monday morning and end atSunday midnight.

t is understood by the parties that for purposes o applying the Fair Labor Standards Actto employees covered by the FLSA, a workweek is a seven (7) consecutive day perioddesignated by the employer consisting o twenty-four (24) hours each day. TheDistrict s seven-day period begins at 12:01 a.m. Monday and runs through :59 p.m.Sunday.

3.5 Workday

All employees shall receive a fifteen (15) minute rest period within each four (4) hourwork period.

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Assigrunents that start on Saturday will be paid at time and one-ha lf l 112 the regularrate per hour. All work performed on Sunday will be paid at one and one-hal f 1 1/2) the

regular rate.

Paid holidays; vacations; illness, injury and emergency leave; and bereavement leaveshall be treated as time worked for the purpose of computing overtime.

Overtime will not be compounded by paying overtime on time previously paid at theovertime rate.

Seniority will not force overtime when another driver is available.

3.9 Call-Back Pay

A minimum of two 2) hours pay will be paid any employee who is called back to workat the regular rate of pay except in overtime situations in which case the overtime rateswould apply.

The District retains the right to assign further driving and detailing, without extendingpay, to utilize fully call-back time.

3.10 Workweek Prior to the Start of School

Employees must work nine 9) hours during the week prior to the start of school exceptunder extenuating circumstances and by approval of the Transportation Manager. Thework consists of the following:

1 hour4 hours2 hours2 hours

BiddingState required in-serviceDrive the routeClean and prepare the bus

Employees who work the required nine 9) hours will receive two 2) hours of pay for theLabor Day holiday.

This one-hour allocation does not affect the two-hour minimum as defined in Article3.11.

3.11 Minimum Hours

Two 2) hour minimum pay will be paid for all scheduled runs.

a) Halfhour gap: When the check out/check in time is less than one half l/2) hourduring the period starting with the beginning of the A.M. run assigrunents through thebeginning of the P.M. run assignments, the driver will be paid straight through for the

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time elapsed. The half hour gap shall apply to all run assignments, including regularand extra work.

b) One Hour Gap: When the check out/check in time is less than one (1) hour duringthe period starting with the beginning of the P.M. run assignments through theremainder of the day, the driver will be paid straight through for the time elapsed.On early release days, the one-hour gap rule shall apply to the start of that day sP.M. assignment.

c) Cancelation Notice: Drivers who are not notified of work cancelations at least two(2) hours in advance of the assignment starting time shall receive a minimum of two (2)hours' payor pay for the length of the canceled assignment, whichever is less.

d) Weather Related Cancelations Only: When trips are canceled due to weatherconditions and the driver is already on paid time when notified, any notification ofcancelation that is not at least one (1) hour in advance of the assignment starting timeshall receive a minimum of two (2) hours payor pay for the length of the canceledassignment, whichever is less.

Employees must give proper notice to the dispatcher when returning from an absence orcanceling a pending absence. A driver will not be assigned that portion of hislher runthat has been assigned to a substitute driver unless the minimum advance cancelationnotice (two (2) hours) can be given to the substitute driver.

Regular assigned drivers will be paid a minimum of two (2) hours on any regularlyscheduled school day.

3.12 Higher Job Classification

An employee who is authorized and assigned by the District to perform the duties of ahigher position will move to the first step in that salary classification which is higher thanthe employee's present salary if requested to perform in the higher position for a periodof eight (8) continuous hours of work or more.

3.13 Rehires

Rehires shall be treated as new employees and seniority and benefit accrual shallcommence on the effective date of reemployment.

Rehires will be required to participate in such training as may be required by stateregulations, the necessity of familiarizing the prospective rehire with new equipmentand/or the need to familiarize himlher wi th changes in District policies.

If a bus driver resigns with effective date being the end of a school year and hascompleted hislher assignment and then is rehired by no later than the first day of work of

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the succeeding school year, that employee will retain accrued illness, injury, andemergency leave credits and placement on the salary schedule but will forfeit seniority.

3.14 Job Description

A job description shall be established for each position within this bargaining unit andfiled in the Human Resources Department.

Each job description shall be descriptive of the function, scope, and complexity of the joband the knowledge, abilities, and minimum skills and qualifications required for theposition.

3.15 Medical Examinations

Employees are required to have a physical examination bi-annually and other testing asrequired by law. Employees have the option of obtaining physical examinations from aphysician of their choice on a self-pay basis or from a physician of the District s choice atDistrict expense. The employee should endeavor to obtain the required physicalexamination on non-work time; however, when this is not convenient the employee mayutilize illness, injury, or emergency leave for this purpose. Less than full-timeemployees who elect to be examined by a District doctor shall be compensated up to two(2) hours of pay for time spent outside their normal duty day for the examination.

All physical examinations must be completed by September 30.

The District will evaluate the medical certification from the employee s physician. f theDistrict does not accept the medical certification, the District will, at its expense, refer theemployee to a physician of its choice. f the District s physician certifies that theemployee is able to perform all of the duties of hislher position without restriction, theemployee will remain in the service of the District. In the event the Distr ict s physiciandoes not certify the employee can perform hislher duties without restriction, and theemployee has no illness, injury, and emergency leave available, the employee will beremoved from the service of the District or placed on a leave of absence without pay, atthe District s option. n employee who is terminated or placed on an unpaid leave maypursue the matter only through the medical arbitration procedure established in Article 7Section 7.5.

3.16 Special Equipment

The District agrees to provide the following special equipment for drivers: backsupporters as necessary, gloves for fueling, and one-way air valve CPR masks.

The District agrees to furnish protective clothing to employee assigned to detailing taskswhich require such clothing.

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3 17 Nondiscrimination

The District and the Union shall not discriminate against any employee for reasons ofrace, age, national origin, color, sex, disabilities, religion, marital status, ho norablydischarged veteran or military status, sexual orientation, or Union membership

t has been and continues to be the policy of the District to provide equal employmentopportunity to all applicants and employees withou t regard to race, color, religion,national origin, disability, age, marital status, sex, honorably discharged vete ran ormilitary status, sexual orientation, or other extraneous factors. This policy is intendednot only to assure compliance with applicable federal and state laws and regulationsconcerning affirmative action and equal employment opportunity, but actively to promoteequal employment opportunities toward the end of enhancing the educational program ofthe District.

It is the intent of this policy that efforts be made to identify and eliminat e any evidence ofexisting discriminatory practice and, further, that efforts be made to prevent futurediscrimination.

3.18 Bus Cleaning

Each driver will be provided the opportunity to work up to three and one half 3 112hours cleaning the bus he/she drove during the preceding school year. This work mustbe completed by the fifth working day following the last day of school in June.Compensation for these hours shall be at the regular rate of pay.

Work performed under this section does not count as a work day and will not make thedriver eligible for Independence Day holiday pay.

3.19 Orientation

Each new employee shall be given an orientation which includes, but is not limited to, thefollowing:

A copy of this Collective Bargaining Agreement and a job description.

Details regarding hours, location of work, school calendar and jobresponsibilities.

Instruction on credentials required to hold position and where to obtain suchcredentials.

A full explanation of insurance plans and options.

A personal introduction to transportation supervisory staff.

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Details regarding required qualification courses and training programs.

Union infonnation: The District agrees to infonn all new employees covered by thisAgreement that Service Employees, Local #925, is their exclusive bargainingrepresentative and will give them a Union membership packet provided by S.E.LU.,Local 925.

3.20 Use o f Video Cameras on Buses

3.20.1 Purpose: The use o f video cameras on school buses is a) to monitor and improvestudent behavior b) to assist the driver in the perfonnance o f hislher primaryresponsibilities o f providing transportation for students in a safe and timelymanner; and c) to protect a driver from false accusations.

3.20.2 Placement: Drivers will activate cameras when students are present on buses.Activation of the camera shall be accomplished via switch activated by the driver.

3.20.3 Corrective Action

3.20.3.1 Student misconduct will be handled consistent with District policy andpertinent contract provisions.

3.20.3.2 The District will follow the provisions o f Article 4. DisciplinaryAction, regarding recorded driver misconduct.

3.20.4 Viewing:

3.20.4.1 Management shall be responsible for viewing all tapes as necessary.

3.20.4.2 A driver whose bus had been recorded has the right to view the tape.All driver viewing will take place at the work site. f the viewing isscheduled to take place on non-duty time, the driver shall becompensated at the appropriate rate.

3.21 Global Positioning Systems (GPS)

The Union and the District agree that the infonnation obtained by GPS will only be usedfor legitimate business, guidance or instructional purposes. t is understood thatdisciplinary actions against and excessive monitoring o f employees is neither a primarypurpose nor an intended result o f the GPS equipment. The Union and District alsoagree:

a) There will be no inappropriate monitoring o f the system by the District to targetindividual employees, i.e., trolling o f the GPS for violations o f District policies orprocedures to target individual employees;

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b) Any minor infraction such as idling, off route and unauthorized use of the busthat is verified by the use of GPS will not count as a first offense for the purpose of

progressive discipline. If there is a second minor infraction for the same or similarissue, disciplinary action may result;

c) No discipline shall be based solely on GPS data. If the District uses GPS data in adisciplinary matter, the discipline must stem from a qualifying event and be based onthe jus t cause standard contained in the collective bargaining agreement. TheDistrict will follow progressive discipline in accordance with Article 4. The Districtwill provide a copy of the information to the Union prior to action by the District;

d) A qualifYing event means that the District has received information that raises anissue about a particular driver or route. Examples of qualifYing events may

include but are not limited to the following circumstances:

A police inquiry or call regarding a bus or bus driver; A student, parent or citizen complaint or inquiry; A review of a regular report such as an idling report that is run for all drivers

and that occurs on a regular basis; or An observation by a supervisor or citizen;

e) The Union designated GPS team members may arrange for a supervisor todemonstrate the GPS software or display an individual GPS application at a mutuallyarranged time. This type of demonstration may be requested by the Union on aperiodic basis (e.g., quarterly, semi-annually, etc.).

f The Union will be notified of any new GPS software applications added by thevendor. The Union may request a meeting to confer with the District before suchupdated version is installed;

g Any actions based on GPS data will be managed in accordance with Article 10 -Personnel Files in the CBA.

ARTICLE 4 DISCIPLINARY ACTION

An employee may not be disciplined, suspended, or discharged except for just cause.

An employee may not be suspended or discharged unless he/she has received three (3) writtenwarning notices concerning his/her work or conduct during an eighteen (18) month period.Warning notices must be given to the employee and sent to the Union within ten (10) workingdays of the date of the event giving rise to the discipline or within ten (l0) working days of thedate the District should reasonably have become aware of the event, whichever occurs later.Warning notices will be considered collectively, not individually; upon the employee's writtenrequest, warning notices shall be removed from an employee's personnel file within two (2)

years from the dateof

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that would become part o f or reflected on a driver's abstract, shall remain in the employee'spersonnel file for five (5) full years from the date o f the notice. fno recurring incident of a

preventable accident occurs in the five year period, the warning notice will be removed from thefile. n employee may make a written request of the supervisor to remove a warning notice aftersix (6) months.

Waming notices are not necessary i f the cause for suspension or discharge is theft, intoxicationrelated to employment, drinking or use o f illegal drugs on the job, falsification of records,neglect o f duty, insubordination, gross misconduct, willful violation o f District policy and/orprocedures, mistreatment or abuse o f fellow workers, students, or members o f the public, orinvolvement in a preventable accident in which a state accident report form is required.

The off-duty activities of employees shall not be cause for disciplinary action unless said

activities are detrimental to the employee's ability to function in the job.

t shall not be a violation o f this Agreement and shall not be a cause for discharge or disciplinaryaction o f any kind for an employee to refuse to enter upon any property which would endangerhislher physical safety, the safety ofhislher passengers, or hislher vehicle. This action will bereported to hislher supervisor as soon thereafter as is possible.

ARTICLE 5 ASSIGNMENTS

5.1 Definitions

a) Extraordinary Bus Runs are defined as runs where the driver transports two (2) ormore students from the Elementary behavioral disability centered program or a nondistrict behavioral disability centered program.

A driver who feels that hislher run should be designated as an Extraordinary Bus Runbut is not, may submit a written appeal to a committee made up o f two (2) Districtand two (2) Union representatives. The Transportation Manager may also submit awritten appeal concerning a particular run. The decision o f the committee shall bedetermined by a majority vote of the committee.

The criteria for making such an appeal will be established by the LaborlManagementCommittee.

b Regular Run: Regular runs are established by management and include AMlPMA.M. or P.M., late start, early dismissal, activity, tutor, music, vocational education,special education, field trips, early-bird, summer school, and other assignments notextending a driver's time. Kindergarten and traditional midday assignments are bidseparately by drivers.

c) Run Assignment: A run assignment consists of any combination o f the activitieslisted as regular runs in the preceding paragraph.

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d) Traditional Midday Work (Bid): The parameters of midday work are 3 - 4 - 5 days

per week -- Kindergarten, Cascade, PT/OT Special Education, ESL, Preschool,Vocational Education, ow Lake, Workers (not always included: Special Educationvans and Metro also used), Shuttles, Out-of-District Kindergarten.

e) Regular Assignments: Regular assignments will be that work regularly scheduledand assigned to drivers whose duties fall within the definition of regular runs ,including detailing.

t Detailing: Detailing shall include those tasks defined in the Memorandum ofUnderstanding dated 8-27-92.

g Extra Work: Those driving assignments not within the definition of regular runsor regular assignments.

5.2 Run Assignments

Prior to the beginning of the school year, as time lines permit, management will providethe Union representative(s) an opportunity to give input to the District regarding thepreparation of regular runs, and midday assignments. Primary consideration will begiven to making run assignments as efficient as possible.

Drivers will select a regular run and midday assignment by seniority with the most senior

driver having the first choice and others making their selection in order o f their seniorityat assigned intervals throughout the bid days. Drivers will first select a regular run andthen may immediately select any available midday assignment. The next driver inseniority order will then select a regular run and then may select any available middayroute assignment. Drivers should not bid midday assignments which will cause them togo into the one-hal f hour gap on a regular basis or over 40 hours per week.

Any driver employed by the District who becomes ill, disabled or has a District approvedmedical leave of absence is eligible to bid on a route in August, if the driver is able toprovide reasonable assurance that he or she will resume driving the route by the firstschool day in January. Reasonable assurance is a written communication from a medical

provider that the employee should be able to return to work and resume bus drivingduties by no later than the first school day in January.

Once regular runs and midday assignments have been bid prior to the start of school,there will be no rebidding until the time specified in the following paragraph. Duringthe four-month period, regular runs and/or midday assignments will be adjusted tomaximize the use of any paid time which is not being worked. Adjustments may bemade by doing such things as moving parts of runs or whole runs. Efficiency of workand scheduling will be the primary considerations in making adjustments with effortsbeing made to increase the pay of senior employees, and to meet individual preferencesfor hours. Management will work with an employee whose regular run and midday

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immediate supervisor. In this case, the driver may not be eligible to bid anotherassignment for the remainder o f the school year.

Run Times (designated pick-up and drop-off times): Run times will be adjusted toreflect the actual times as soon as possible after runs are driven and times established.

n the spring, the LaborlManagement Committee will review the bidding process todetermine i f the intent o f the agreement was followed and to recommend ways forimprovement, i f needed.

Relief driver assignments will be posted for bid and awarded by seniority prior to thebeginning o f each school year.

5.3 Extra Work (those not included in regular run assignments)

Bid Board Posting

All Extra Work which has been received by the close o f Thursday, will be posted for bidas close as possible to 9:00 a.m. on Friday o f the same week, will remain posted throughthe following week until the end of Wednesday and will be assigned by seniority.Failure to meet the 9:00 a.m. time period will not be grievable. During short weeks thistime frame will be adjusted to accommodate both management and drivers. Extra Workthat is not bid on or is received late will be posted on the Help board after the close ofthe bid. When extra work is posted, the time and place that it is to start and end will be

provided as well as a chart indicating the standard driving times between variouslocations.

Bidding

Drivers will select extra work in seniority order by signing their names on the bid sheetsor appointing a proxy. Extra work may be selected i f the extra work does not place thedriver in an overtime situation, and the extra work does not conflict with the driver'sregular assignment. On the seniority list, a driver will sign his or her name, the date andtime when hislher bid is completed, and the hours available to work without going overforty hours. f a driver does not want to bid, he/she or hislher appointed proxy should

write Pass on the sheet and sign hislher name.

Drivers bidding on unfilled or late extra work ( Help board) will indicate how muchovertime would result and/or how late they would be arriving to the ext ra work or to theirregular assignment i f they were awarded the bid. Drivers whose further assignment(s)are canceled will be notified and will be given preference for Help board extra work.Canceled assignments will be shown on the Help board. Management will normallyaward extra work from the Help board no sooner than the afternoon o f the workdaybefore the trip. Weekend Extra Work, including Ski School, will be awarded no laterthan 2 p.m. Thursday

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Cancelation o f Assignments by Drivers

Drivers will cancel assignments by giving notice two workdays in advanceo f

theassignment whenever possible. Drivers may cancel after that time if the cancelation hasbeen caused either by a problem in which preplanning was not possible or to correct abidding error. Multiple bidding errors will constitute a violation o f this provision.

Penalty

f it is determined after an assignment has been completed, that the driver went into anovertime situation or the assignment conflicted with his or her regular assignment, thedriver will be penalized.

Penalties will be assessed in the following manner:

1st violation: notice o f violation2nd violation: allowed to bid only from Help board for one week3rd violation: allowed to bid up to a maximum 36 hours for the following week

Further violations will be evaluated and appropriate action taken to correct theemployee's performance.

Out o f District Trips

Regular drivers may bid on overnight trips which conflict with their regular runs. Thetrips will be awarded by seniority.

Long Trips

Regular drivers may bid on long trips which conflict with their regular assignments.Trips will be awarded by seniority. Long trips are defined as those o f 8 hours or moreand conflicting with a driver's regular assignment. Regular route drivers whose bids forlong trips conflict with regular routes will be limited to one trip per year, subject toseniority and availability o f a substitute for the regular route. Regular route drivers whocan make trips without conflicting with regular routes have first priority, not subject to

one trip per year. t is understood, that the District will only cover the portion o f theregular assignment which conflicts with the long trip.

Detailing

Detailing which cannot be assigned to drivers on the clock will be posted for bid. Wherequalifications are substantially equal, extra work will be awarded to the most senioreligible employee.

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5.4 Transportation Department Summer Extra Work $

During the summer (from the end of one school year to the beginning of the next schoolyear) the Transportation Department may have a variety of work/jobs which it wantsaccomplished. Such work/jobs include but are not limited to bus cleaning, summerschool bus routes, summer field trips, summer upholstery work, parts inventory,administrative work involving such things as mailing, route book maintenance andtelephones, minor grounds maintenance involving such things as weeding, parkingtombstones and parking lot stripes, general cleaning and state bus inspections.

For purposes of this section, the above type of summer extra work will fall into one oftwo categories, either periodic work or emergent work. Periodic summer extra work iswork (type, date(s), time(s) and duration or until completion) that is known before school

ends for that school year and/or is known two (2) work days before the work is scheduledto begin during the summer. Emergent summer extra work is work (type, date(s),time(s) and duration or until completion) that is not known before school ends for thatschool year and/or two (2) work days before the work is scheduled to begin during thesummer.

Periodic summer extra work shall be posted for bid by bus drivers. Emergent summerextra work if known prior to 7:00 a.m. shall be noted on a telephone hotline by theTransportation Department. Bus drivers interested in such emergent work must call thehotl ine no later than 8:00 a.m. to fmd out about such work and leave a recorded bid

with their seniority number for work for which they want consideration.

The Transportation Department will call those employees who have been awarded theemergent work noted on that day s hotline. Employees who have signed up for suchwork must be available to take the single call for such work between 8:00 a.m. and8:30 a.m. to confirm their acceptance of the emergent summer extra work. If the mostsenior bidder does not answer this single call, the Transportation Department will call thenext most senior bidder. The Transportation Department will thereafter put the name(s)of employees who have been awarded such emergent work on the hotline so otherbidders may check the status of the emergent work bid for that day.

If nobody bids for or is otherwise available to accept a given emergent summer job or theemergent work comes up that day after 7:00 a.m. and the Transportation Departmentwants that work to begin and/or be finished that day, the Department, at its discretion, candecide from which work group (e.g., upholstery, inventory, grounds maintenance, etc.)doing extra summer work that day, the employee(s) to perform this particular work willcome from. If more than one employee is in the designated work group and novolunteer(s) is forthcoming, the least senior employee(s) in that work group will be

assigned such work. If there is only one employee in a given work group, theDepartment may, at its discretion, choose to assign that employee to this work.

Emergent extra summer work that becomes known after the hotline deadline as notedabove may be assigned as noted above to a given employee(s) for the duration of that

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work day and the following work day without further posting or notification on thehotline if the Department feels that the said job should be completed by the same

individual who started the job.

Extra work that has been bid and is underway may be extended without reposting on thebid board or hotline if the extension is a continuation of the same work without a breakn working days.

5.5 Ski School

A call for ski school employees will be posted for bid as soon as possible beforecommencement of the ski school program. Extra work will be by seniority withinclassification and will be awarded by 2 p.m. Thursday.

f a driver is absent the day before hislher ski school assignment, he/she must notifyManagement no later than noon on the day prior to the assignment as to whether he/shewill drive hislher ski school assignment. f a driver fails to notify management of hislherstatus, he/she will be ineligible to drive the ski school assignment. Except in cases ofillness or emergency, a driver declining a ski school assignment one week will not beeligible for working the next ski school day of the current year.

5.6 Assigning Drivers

Except in emergencies, the District will assign the transportation of students on Bellevue

Public School buses only to drivers represented for bargaining by the Union or toon-call drivers, even though overtime pay might result, provided such drivers are

available.

5.7 Special Education Runs

The District will not assign drivers to Special Education runs without adequate training.

5.8 Deviations from Daily Routes

Drivers who encounter unannounced conditions that require rerouting are to assume the

responsibility for selecting an appropriate detour. Detours should be via the safest andmost direct route returning to the established route and serving as many establishedpassenger stops as possible. Conditions that require route deviations shall be reported tothe dispatcher as soon as possible after occurrence. No disciplinary action shall take placefor following this procedure.

5.9 Extreme Misconduct

Drivers who experience student misconduct of an extreme and/or unsafe nature which hasnot been corrected after exhausting normal disciplinary procedures, shall bring such tothe attention of hislher supervisor. The supervisor shall, as appropriate, involve Student

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Services, building staff, and other individuals with the driver and supervisor to remedythe situation.

5.10 Temporary Assignment

Leaves expected to exceed ten (10) work days in length may be posted for bid astemporary assignments. The temporary assignment shall be awarded to the senior driverwho signed up for the temporary assignment and who has a compatible regular runassignment.

5.11 Bellevue School District Conferences

A Bid Hours Lost Due to Bellevue School District Conferences

1 Bellevue School District conference days in this Section A refer to the standardconference day schedule agreed upon by the elementary and middle schoolsrespectively.

2 Under this Section A, it is understood that the primary responsibility of a driver isto drive hislher conference schedule.

3 I f a driver loses bid time due to conferences, management will work with a driverto try to fill in lost time n the manner described below. However, if a driverchooses not to accept fill-in work after a District representative has asked himlherto

do so, the driver will signoff

on a time sheet that he/she accepts losing bidtime.

4 Acceptable fill-in work will include:a cleaning buses as requestedb paperwork related to the operation of transportationc driving whatever routes are needed

B Late Start and Early Release Schedules (Excludes Half-day Wednesday Schedule)

1 This Section B refers to those days scheduled by an individual school which are

different than the standard conference days referenced in A l above.

2 A driver has the option of indicating yes or no on the preference form as towhether he/she is available to work a late start and/or early release schedule. Adriver who indicates no will have hislher route assigned by Dispatch accordingto seniority on the midday availability list (as is done now) or posted on the HelpBoard or filled in by an on-call driver. A driver writing no will have the optionto bid a field trip by indicating such a preference on the form.

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3. The intent of B-2 above is to allow a driver to try to work as close to 40 hours aspossible. A driver cannot bid a trip that will put himlher into overtime which isthe rule now.

4. I f a driver(s) haslhave chosen to bid a field trip rather than work hislher late startand/or early release schedule, the District may have the driver return from the tripto do a late start and/or early release route if drivers are needed. If a driver isneeded and it is impossible for the driver to return from a field trip to do a latestart and/or early release route, the driver may have to give up the field trip and dothe requested route. This provision will be invoked only when necessary toinsure coverage of routes.

C General Guidelines

1 District and Union representatives will work with its respective employees towork cooperatively in implementing this agreement.

2 To the extent possible, drivers will maximize their availability and be willing toassist when help is needed.

3. All concerns related to this article will be first addressed through Meet and Confermeetings and then through the grievance procedure. oth parties will make agood faith effort to resolve their differences in the Meet and Confer meetings.

ARTICLE 6 CHANGE OF STATUS

6.1 Seniority Rights

n employee's seniority shall be defmed as an employee's continuous length of servicein a transportation bargaining unit job classification. Seniority shall begin on the date ofemployment in said classification. In the event that the seniority is identical for two ormore employees, date of application will determine the numerical seniority status.

Employees shall be promoted on the basis of seniority when qualifications for a position

are substantially equal.

n employee moving from one job classification to another within the bargaining unitshall retain hislher benefits as a District employee but not hislher seniority.

6.2 Position Openings

The District will provide the Union with all Position Opening announcements for jobclassifications represented by the bargaining unit.

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- ---- - - - - -

All position openings within the bargaining unit will be posted for a minimum often (10)workdays.

Employees desiring to be considered for a position shall notify the Human ResourcesDepartment o f their interest in accordance with specifications included in theannouncement o f the opening.

If the position is not filled by a bargaining unit employee, the District will furnish, uponrequest, written reasons to the applicant(s) and to the Union.

6.3 Notification

The District agrees to give each employee who has been on the payroll more than ninety(90) days at least two (2) weeks notice of intended layoff, and each employee shall givethe District at least two (2) weeks notice ofhislher intention to quit. Failure of theemployee to give such notice shall not constitute a breach of contract by the Union.

6.4 Voluntary Termination

If an employee is absent for three (3) consecutive workdays without notifying the Districtas to the reason for hislher absence, then said employee shall be considered as havingvoluntarily terminated. An employee may be reinstated without penalty if, in thejudgment of the Executive Director of Human Resources, there were extenuatingcircumstances which made it impossible to notify the District as to the reason for

absence.

6.5 Reduction-in-Force

Employees will be selected for layoff in reverse order of seniority within theclassification of eliminated positions.

If an employee does not get a run assignment or does not select a run assignment in theAugust bid, or i f the employee loses a run assignment during the year, or if an employeeis on a District-approved leave, at the employee s request, he/she will be placed on theon-call list in order o f seniority above other on-call drivers. Seniority will not accrue

while on the on-call list. As positions become available, the employee is eligible to bidin seniority order. Retention on the on-call list will not extend beyond one year i f theemployee is not available for work during the preceding year.

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ARTICLE 7 - HOLIDAYS

The following are District holidays*:

SeptemberLabor Day

NovemberVeteran s DayThanksgiving DayDay following Thanksgiving Day

DecemberChristmas DayDay before or after Christmas Day

JanuaryNew Year s DayDay before or after New Year s DayMartin Luther King, Jr. Birthday

FebruaryPresident s Day

AprilLast Friday ofSpring Vacation

MayMemorial Day

JulyIndependence Day

The District shall designate whether the day before or after Christmas and New Year sDay shall be the holiday.

Employees who work on a holiday shall be paid for hours worked on such holiday at oneand one-half 1 1/2 times the regular rate of pay per hour.

*Holiday pay for drivers is reflected in their wage rate in accordance with the applicable year ssalary schedule.

ARTICLE 8 LEAVES

8.1 Illness, Injury or Emergency Leave

Regular hourly employees shall accumulate one (1) hour per every eighteen (18) hourspaid up to a maximum of eight (8) hours per month of leave credit to be used for illness,mjury, or emergenCIes.

Hours ofle ve credit which accrue in excess of one full day (eight hours) per month dueto the number of paid hours worked, shall be reserved and included in future monthlyaccruals of leave in months where the regular accrual (per number of hours paid) wouldotherwise fall below eight (8) hours. In no case shall the combined rate of accumulationbe greater than eight (8) hours per month on an annualized basis or a maximum of ninetysix (96) hours.

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Illness, injury, or emergency leave credits shall be cumulative from year to year.

Employees and/or their beneficiaries shall be compensated annually and upon retirementor death for unused sick leave days as provided by law and in accordance withregulations established by the Superintendent of Public Instruction.

Unused leave credits shall be transferred to, or received from, other school districts in thestate of Washington in accordance with state statutes.

Leave sharing shall be permitted as provided in state law and District policies andprocedures.

8.1.1 Use of Leave for Illness or Injury

Illness, injury or disability shall be reported at the beginning of any period ofleave to the District by the employee or a person acting for himlher.

Sick Leave Notification

For any sick leave absence the driver must call into dispatch at least two(2) hours before their route is to begin, unless there are extenuatingcircumstances, to advise of their pending absence and the reason for theabsence. Subsequently, every two (2) work days thereafter, or the first

work day following a non-work day, the driver will call and talk directlywith a supervisor advising the reason for the continued absence andexpected return date.

f the driver, either on their own or at the request ofthe TransportationOffice, sees a doctor and provides a medical certification to theTransportation Office, delineating the need for a specific time period off,then the driver does not have to call a supervisor, as detailed above, unlessthe driver expects not to return to work after the certified period ends. Insuch cases, the driver will call and talk directly to a supervisor as to thereason for the continued absence and expected return date the first

workday thereafter and subsequently every two workdays as detailedabove.

t is the driver s responsibility to keep the Transportation Office advisedof their status and availability and, when required and where appropriate,obtain a doctor s certification and submit it to the Transportation Office.The ongoing two days notice does not apply to situations where a driverhas already notified the Transportation Office of a claim for industrialinsurance time loss due to an on the job injury.

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Health conditions caused or contributed to by pregnancy, miscarriage, abortion,childbirth, and recovery therefrom are, for all job-related purposes, illness orinjury.

n accordance with the Family Care Act, an employee may use leave for illness orinjury to care for a child ofthe employee under the age of eighteen (18) with ahealth condition that requires treatment or supervision; a child eighteen (18) yearsof age or older and incapable of self-care because of a mental or physicaldisability; or a spouse, domestic partner, parent, parent-in-law, or grandparent ofthe employee who has a serious health condition or emergency condition.

A licensed health care provider s certificate of illness or injury may be requiredfor approval of leave for illness or injury after five (5) consecutive workdays ofabsence.

The District may request a licensed health care provider s statement in thefollowing situations:

a The District has reason to believe an absent employee is not ill orinjured;

b The employee in question has a pattern of absences such as Mondays orFridays, or before or after holidays;

c Or, the employee in question has been counseled about hislher absencesin accordance with this Article.

A written statement may be requested by the District from a licensed health careprovider which verifies the employee s ability to return to work.

Employees using more than eight days of sick leave during the school year may becounseled y a member of the management team.

n employee who has been disciplined in writing may be asked to go to a physicianselected by the District for verification of sickness. The cost of such examination shallbe paid by the District.

n employee s absenteeism problem will be addressed on the employee s evaluationform.

Employees suffering illness or injury compensable under the District s selfinsured industrial insurance shall be allowed to use illness, injury or emergencyleave to the amount of their earned credit less any industrial insurance paymentsfor which they are eligible. Illness, injury, or emergency leave charged to theemployee shall be proportionate to that portion of the employee s salary paid bythe leave. The combined insurance and leave payments shall not total more than

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-- - - - - -

receipt of the request. During the period prior to a decision being made, nodeduction from pay will occur.

The form will require an explanation o f the emergency causing an absence.

8.2 Bereavement Leave

The District will allow up to five (5) days of paid bereavement leave in the case of thedeath of any relative residing in the employee s household and or the following memberso f the immediate family: spouse or domestic partner, mother, father, daughter, son,brother, sister, stepfather, stepmother, parent substitute, stepchild, grandfather,grandmother, grandchild, son-in-law, daughter-in-law, father-in-law, mother-in-law,brother-in-law, or sister-in-law.

Bereavement leave shall be non-accumulative and shall not be deducted from theemployee s accumulated injury, illness or emergency leave.

In situations where serious personal problems occur as a result of bereavement, theemployee may be granted an extended leave o f absence without pay not to exceed ninety(90) calendar days upon approval o f the Superintendent in accordance with Section 8.3 ofthis Article.

8.3 Leave o f Absence

Upon recommendationofthe

immediate supervisor and approvalof

the Superintendent,leave of absence may be granted to any employee for such things as: (a) illness, (b)family emergency, (c) disability, (d) education, (e) union business, etc.

Any leave without pay anticipated to last longer than twenty (20) calendar days would betreated as a leave of absence.

Except for military service there shall be no other employment while on leave withoutprior written approval from the Human Resources Department. The taking ofemployment without prior written approval shall terminate the leave and said employee semployment with the District, provided, however, that employees may continue other

employment they had prior to requesting the leave.

The District shall state in writing the terms of the leave of absence.

Seniority and leave credits established at the time of departure on an approved leave ofabsence shall be restored when the employee returns to work. Seniority will not accruewhile on leave of absence, except when the leave is necessitated by an industrial injury orother disability. When an employee is on disability leave, seniority will accrue for up toone year. When an employee is off work due to an industrial injury, seniority willaccrue for up to two (2) years. Such routes will not be posted as an open for six (6)

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>

No requests for leave without pay will be approved in advance of five working days forthe following times:

(1) the month of September(2) the last two weeks of a school year

All other requests for leave without pay will receive a response with in five working daysof the request.

8.7 Child Care Leave

Any employee may request child care leave without pay for the purpose of giving birth toa child, legally adopting a child, or caring for an infant or medically ll dependent child.

The employee s request for leave is to be made in writing to the Superintendent ordesignee no less than twenty (20) days prior to the date on which the leave is to begin.The 20-day notice period may be waived by the Superintendent if t is detennined that anunforeseen circumstance warrants such action. The request shall specify the duration ofthe leave requested. The duration of the leave may be up to one (1) year.

Child care leave may be granted only by the Board of Directors. The leave may begin atany time in accordance with notification and approval requirements. Prior to theexpiration of the leave, the individual must submit to the District written notification ofintent to return to employment. Reemployment of the individual upon expiration of thechild care leave shall be on the same basis as for any individual returning from leaveunder Article 8 Section 8.3.

ARTICLE 9 GRIEV ANCE PROCEDURES

9.1 Purpose

The purpose of this Article is to provide for a mutually acceptable method for prompt andequitable settlement of employee grievances.

9.2 Definitions

A grievance is a claim by an employee and/or the Union that the express tenns of thisAgreement have been misinterpreted or misapplied by the District.

9.3 Procedure

An employee may institute a grievance on hislher own and may request the assistance ofthe Union. The proper procedure for pursuing adjudication of alleged grievances is asfollows:

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Informal Step

Prior to filing a grievance at Step 1 the grievant shall first meet with hislher supervisor totry to resolve a potential grievance. The employee may ask up to two (2) work siterepresentatives to be present at the meeting.

STEP ONE

f the grievance cannot be resolved informally, within twenty (20) calendar days of thetime a grievance arises or the time when the grievant should reasonably have had firstknowledge o f its occurrence, the grievant will commit the grievance to writing on aGrievance Review form, sign it, and present it to the Transportation Manager. Thewritten statement should include (1) the nature ofthe grievance, (2) the section(s) thatallegedly have been misinterpreted or misapplied, and (3) the recommended solution tothe grievance. A copy o f the Grievance Review Request form also shall be sent to theExecutive Director o f Human Resources.

Within fourteen (14) calendar days after receipt o f the written grievance, theTransportation Manager shall communicate hislher writ ten response to the grievant andthe Union.

STEP TWO

f the grievant is not satisfied with the resolution at STEP ONE, he/she may, withinfourteen (14) calendar days after receipt o f the written response in STEP ONE, submitthe grievance to the Executive Director of Human Resources.

Within fourteen (14) calendar days after the STEP TWO grievance hearing, theExecutive Director o f Human Resources or hislher designee shall communicate a writtenresponse to the grievant and the Union.

STEP THREE

f the grievance is not satisfactorily resolved at STEP TWO, the Union may, withinfourteen (14) calendar days after receipt o f the written response from STEP TWO, submitthe grievance to the American Arbitration Association for arbitration under theirvoluntary labor arbitration rules and within the following guidelines:

a. The arbitrator shall limit hislher decision strictly to disputes involving the applicationor interpretation o f the express terms o f this Agreement. The arbitrator shall have nopower to change, alter, detract from, or add to the provisions o f this Agreement.

b. The arbit rator s decision shall be final and binding on the Union, the employeesinvolved, and the District.

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c. The fees and expenses of the arbitrator shall be shared equally by the District and theUnion. All other expenses shall be borne by the party incurring them, and neitherparty shall be responsible for the expenses of witnesses called by the other.

9 4 Time Limits

The number of days within each step is the maximum, and every effort shall be made toexpedite the process. Failure on the part of the District to act within the time limits willmove the grievance to the next step automatically. Failure of the grievant or the Unionto comply with any time limits specified in this procedure shall constitute withdrawal ofthe grievance.

The District and the Union may mutually agree in writing to extend the time limits at anyone of the steps.

9.5 Medical Arbitration

A grievance from an employee who is terminated from the service of the District orplaced on unpaid leave for lack of ability to perform all of the duties of hislher positionwithout restriction shall be processed only through the following medica l arbitrationprocedure. The employee must notify the District of hislher desire to have the matterprocessed through the medical arbitration procedure within fourteen (14) calendar days ofnotice of the Distric t s intent to place himlher on unpaid leave or to terminate himlher.

STEP ON

The employee s physician and the District s physician shall discuss the issue. In theevent the two (2) physicians cannot resolve the issue, they shall select a third (3rd)physician who is a speciali st in the appropriate field of medicine to serve as an arbitrator.

STEP TWO

The medical arbitrator will examine the employee to determine whether the employeemeets the Distric t s medical standards and can perform all ofhislher duties withoutrestriction.

The decision of the medical arbitrator shall be final and binding on the employeeinvolved, the Union, and the District. The fees and expenses ofthe medical arbitratorshall be borne equally by the District and the Union.

Should the medical arbitrator rule in favor of the employee, the employee shall bereturned to work without loss in seniority. The employee shall receive back pay fromthe date the employee was terminated from service with the District or placed on unpaidleave; provided the employee was available for the medical examination set forth in thisprocedure.

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----------------------- - - - - - - ---

Should the arbitrator rule in favor of the District, the employee s tennination will beconsidered final or the employee shall continue on leave until he/she is able to return toduty or hislher leave expires, whichever occurs first.

The power and authority of the medical arbitrator shall be strictly limited to detenniningwhether the employee meets the District's medical standards and can perfonn all ofhislher duties without restriction. The medical arbitrator shall not have the authority toadd to or subtract from or modify the Dist rict's medical standards.

During the period of time required to complete the medical arbitration procedure, theemployee shall continue to receive the Health and Welfare benefits provided for inArticle 12; provided such is pennitted by the insurance carriers.

ARTICLE 10 PERSONNEL FILES

An employee's personnel file shall contain job assignments, transcripts and other documentspertaining to education certification where appropriate, per fonnance evaluations, and suchadditional communications and records as are related to an individual's employment status withthe District.

The employee's personnel file shall be open to hislher inspection at reasonable times uponrequest.

Notice will be provided an employee when material is placed in or removed from hislherpersonnel file. The employee will be given an opportunity to attach comments to materialsplaced in hislher file.

Any adverse materials other than perfonnance evaluations shall be kept a maximum of two (2)years and then may be removed at the employee s written request. In accordance with WAC181-88, no information related to substantiated verbal or physical abuse or sexual misconductmay be removed from any employee file. However, a warn ing notice regarding a preventableaccident that would become part of or reflected on a driver 's abstract shall remain in theemployee's personnel file for five (5) full years from the date of the notice. If no recurringincident of a preventable accident occurs in the five (5) year period, the warning notice will beremoved from the file at the emp loyee's written request. An employee may make a writtenrequest of the supervisor to remove a warning after six (6) months.

ARTICLE PERFORMANCE EVALUATI ON

11.1 Procedure

Upon completion of the probationary period, and annually thereafter, each employeeshall have hislher perfonnance evaluated.

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Driver s annual evaluation shall occur between 1 February and the end o f the school year.The employee may be accompanied to an evaluation conference by the Union BusinessRepresentative, and/or work site representatives.

Each evaluation shall concern an employee s work performance focusing on strengthsand weaknesses with specific suggestions for improvement where appropriate.

A copy of any evaluation shall be placed in the employee s personnel file and a copyshall be given to the employee.

n employee may place a written response to any performance evaluation in hislherpersonnel file.

11.2 Evaluation Appeal

n employee may appeal an evaluation which has a potentially adverse effect on hislheremployment status through the following appeals process:

STEP ONE

Within fourteen (14) calendar days o f receipt o f an evaluation the employee, eitherdirectly or with the assistance o f the Union, will commit such appeal to writing, sign it,and present it to the supervisor. The written statement should include (1) the nature o f theappeal, (2) the alleged discrepancies in the evaluation, and (3) the recommendedcorrections to the evaluation.

Within fourteen (14) calendar days after receipt o f the written appeal, the supervisor shallcommunicate hislher written response to the employee.

STEP TWO

f the employee is not satisfied with the resolution at STEP ONE, he/she may, withinfourteen (14) calendar days after receipt o f the written response, submit hislher appeal tothe next level o f supervision.

The administrator shall meet with the employee within fourteen (14) calendar days afterreceipt ofthe appeal. A written decision shall be rendered within thirty (30) calendardays o f such meeting. Said decision shall be fmal and binding on the District and theemployee.

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- -- - - - - -

ARTICLE 2 HEALTH AND WELFARE

12.1 Health Benefits

Each hourly employee (bus driver) who is assigned for at least four (4) hours per day iseligible for a District contribution for hislher health benefits in the amount of 710.29

Employees may select, in accordance with the rules established by the District and theinsurance companies, one of the insurance plans in which there is District participation.If the District' s contribution does not cover the full cost of insurance coverage selectedby an employee, the additional cost of coverage will be deducted from the employee'spay. If an employee 's pay does not cover the full cost of the insurance, he/she mustsubmit a check to the District within five (5) days of payday to continue coverage.Failure to make such payments will result in the coverage being dropped.

Employees must commit to medical coverage during the regular enrollment period.Coverage may not be instituted, nor, if dropped, reinstituted at other times.

n employee who has exhausted all illness, injury, or emergency leave benefits and is ona medical leave of absence shall continue to receive the District health/dental insurancecontribution until the expiration ofhislher current assignment. The Distr ict'scontribution will be the average monthly contribution received during the precedingmonths of the employee's annual assignment.

12.2 DentalNision Insurance

Dental and vision insurance will be provided for hourly employees whose regularassignment is four (4.0) hours per day or more (weekly average). Hourly employeeswhose regular assignment increases to four (4) hours per day or more (weekly average)after that date shall become eligible for dental coverage at the start of the payroll periodfollowing the increase. This provision is understood to include the start of the payrollperiod in September and in October. If an hourly employee voluntarily reduces hislherregular assignment below four (4.0) hours per day, dental and vision insurance will not becontinued.

12.3 Life Insurance

The District will provide 20,000 group term life insurance to all employees assignedtwenty (20) hours or more per week.

12.4 Retirement

All employees covered by this Agreement shall be members of the Public EmployeesRetirement System as required by law.

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- - - - ~ ~ ~

12.5 Industrial Insurance

The District will provide industrial insurance in accordance with state law.

The cost of such insurance shall be borne by the District with the exception o f thatportion required by law o f the employee.

12.6 Summer Medical Insurance

This section will be effective during the life o f this contractual agreement only. Forinsurance coverage in the months o f August, September, and October, the District willpay for three months of a driver's total medical insurance premium cost, including thedriver 's payroll deduction amount.

12.7 Section 125

Under the auspices of Section 125 o f the Internal Revenue Code the District shall provide1 a medical premium conversion program which allows an employee to elect to have anyof his/her health insurance premium contributions paid before the application of incometaxes under the Internal Revenue Code; 2) a Health Care Expense Account (HCEA)which allows an employee to use pre-tax dollars to pay for expenses not 100 covered orineligible for payment through the group health care plans; and 3) a Dependent CareReimbursement program which allows an employee to use pre-tax dollars to pay forallowable dependent care costs.

ARTICLE 13 COMPENSATION

13.1 illMy

13.1.1 All employees covered by this Agreement shall be paid according to the salaryschedule as set forth in the Amendments to this contract.

13.1.2 Payroll warrants shall be issued to the employee on the last working day o f eachmonth except:

13.1.2.1 December warrants will be issued on the first working day in January, and,

13.1.2.2 In no case will the District be required to issue payroll warrants priorto the date scheduled for payment of state apportionment.

13.1.2.3 However, in no case shall employees be issued the preceding month'spayroll warrant later than the first working day of a month.

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13.1.3 Electronic Transfer of Pay Warrants

Within forty-five (45) days after receipt of authorization from an employee, theDistrict shall electronically deposit the employee's monthly pay warrant directlyin any bank which is capable of receiving electronically transferred payrolldeposits through an automated clearing house.

13.2 Increments

All new regular employees will move to Step 2 after a ninety (90) workday probationaryperiod.

13.3 Premium Pay

Employees whose extraordinary run includes two(2) or more students from theElementary behavioral disability centered program and/or non-district behavioraldisability centered programs will be paid an additional one dollar ( 1.00) per hour abovehislher regular hourly rate of pay for that portion of the assignment.

A driver assigned to work as a driver trainer shall receive one dollar ( 1.00) per hourabove hislher regular hourly rate of pay while functioning as a driver trainer.

13.4 Meetings/Training

The pay rate for management-called meetings, defensive driver training, and anyrecertification training shall be at the regular rate of pay. Employees shall be paid forattendance at such meetings and training. Annually, in addition to the State-requiredinservice, the District shall provide at least twenty (20) hours of such. f the twentyhours, ten (10) hours will be mandatory training and ten (10) hours will be optionaltraining. A joint SEIU/BSD committee will be formed to select appropriate topics fortraining, solicit trainers for the chosen topics, and schedule the trainings. The Districtwill provide the training during the variety of times, such as mid-days, before and afterwork, and on in-service days.

The District agrees it is beneficial to providejob

related meetings/trainings on nonstudent days and will schedule at least one meeting/training class on a non-student dayeach school year when possible. Time spent in meetings and training shall not beconsidered as time worked for the purpose of computing overtime if all of the followingconditions are met: 1 attendance occurs outside of the employee 's regular workinghours; 2) attendance is voluntary; 3) the course, lecture or meeting is not directly relatedto the employee' s job; and 4) the employee does not perform any productive work duringsuch attendance.

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13.5 Replacement of Personal Belongings

The District will carry insurance that will provide for the replacement purchase of any

personal work-related belongings that are stolen or damaged while on-site at the workplace.

13.6 Staff Development

The District affirms its commitment to an ongoing system of st ff

bellevue sd bus drivers collective bargaining agreement

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