public school employees of lakewood office …...2016-2020 collective bargaining agreement september...

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Public School Employees of Washington/SEIU LOCAL 1948 P. O. Box 798 Auburn, Washington 98071-0798 1.866.820.5652 www.pseclassified.org COLLECTIVE BARGAINING AGREEMENT BETWEEN LAKEWOOD SCHOOL DISTRICT #306 AND PUBLIC SCHOOL EMPLOYEES OF LAKEWOOD OFFICE PERSONNEL #1108 SEPTEMBER 1, 2016 - AUGUST 31, 2020

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Page 1: PUBLIC SCHOOL EMPLOYEES OF LAKEWOOD OFFICE …...2016-2020 Collective Bargaining Agreement September 1, 2018 PSE of Lakewood OP/Lakewood School District Page 2 of 28 1 A R T I C L

Public School Employees of Washington/SEIU LOCAL 1948

P. O. Box 798

Auburn, Washington 98071-0798

1.866.820.5652

www.pseclassified.org

COLLECTIVE BARGAINING AGREEMENT BETWEEN

LAKEWOOD SCHOOL DISTRICT #306

AND

PUBLIC SCHOOL EMPLOYEES OF

LAKEWOOD OFFICE PERSONNEL #1108

SEPTEMBER 1, 2016 - AUGUST 31, 2020

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T A B L E O F C O N T E N T S

Page

PREAMBLE 1

ARTICLE I RECOGNITION AND COVERAGE OF AGREEMENT 1

ARTICLE II RIGHTS OF EMPLOYER 2

ARTICLE III RIGHTS OF EMPLOYEES 2

ARTICLE IV RIGHTS OF THE ASSOCIATION 3

ARTICLE V ASSOCIATION REPRESENTATION 4

ARTICLE VI HOURS OF WORK AND OVERTIME 5

ARTICLE VII HOLIDAYS AND VACATIONS 7

ARTICLE VIII SICK LEAVE / ILLNESS, INJURY AND EMERGENCY LEAVE 9

AND OTHER LEAVES

ARTICLE IX PROBATION, SENIORITY AND LAYOFF PROCEDURES 12

ARTICLE X DISCIPLINE AND DISCHARGE OF EMPLOYEES 16

ARTICLE XI INSURANCE AND RETIREMENT 16

ARTICLE XII ASSOCIATION MEMBERSHIP AND CHECKOFF 18

ARTICLE XIII GRIEVANCE PROCEDURE 19

ARTICLE XIV PERFORMANCE EVALUATION 21

ARTICLE XV SALARIES AND EMPLOYEE COMPENSATION 21

ARTICLE XVI PROFESSIONAL DEVELOPMENT 23

ARTICLE XVII TERM AND SEPARABILITY OF PROVISIONS 24

SIGNATURE PAGE 26

SCHEDULE A (2018-2019) 27

SCHEDULE A (2019 – 2020) 28

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P R E A M B L E 1

2

This Agreement is made and entered into between Lakewood School District Number 306 (hereinafter 3

"District"), and Public School Employees of Lakewood School District, Local Chapter of the Public 4

School Employees of Washington (hereinafter "Association"). 5

In consideration of the mutual covenants contained herein, the parties agree as follows: 6

7

8

A R T I C L E I 9

10

RECOGNITION AND COVERAGE OF AGREEMENT 11

12

Section 1.1. 13

The District hereby recognizes the Association as the exclusive representative of all employees in the 14

bargaining unit described in Section 1.4. 15

16

Section 1.2. 17

Nothing contained herein shall be construed to include in the bargaining unit any person whose duties as 18

deputy, administrative assistant, or secretary necessarily imply a confidential relationship to the Board of 19

Directors or superintendent of the District pursuant to RCW 41.56.030(2). 20

21

Section 1.3. 22

The District shall provide the Association President all of the current position descriptions covering 23

bargaining unit work. Such descriptions shall be clearly identified with their effective date. 24

25

Section 1.3.1. 26

Descriptions for all positions subject to this Agreement shall be reviewed pursuant to Article V for 27

consistency and appropriateness to the work assignment. 28

29

Section 1.3.2. 30

Modification of existing position descriptions and/or the creation of new position descriptions 31

shall be reviewed per Article V in regards to their effect upon hours, wages, working conditions 32

and performance evaluations. 33

34

Section 1.4. 35

The bargaining unit to which the Agreement is applicable shall consist of all classified employees in the 36

following general job classifications in accordance with the Office Personnel Schedule A. 37

38

Section 1.5. 39

As used in this Agreement, the terms below shall be defined as follows: 40

1. Hire date: An employee’s first day of contracted work in the Lakewood School District. 41

2. Seniority: An employee’s years of service in the Lakewood School District in this bargaining 42

unit. 43

3. Longevity: An employee’s total years of service in any Washington State school district. 44

4. Work shift(s): An employee’s daily contracted hours. 45

5. Day(s): Calendar days. 46

6. Work day(s); workday(s); working day(s); day(s) worked: Contracted days, days when school is 47

in session, and/or days when the District office is open. 48

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A R T I C L E I I 1

2

RIGHTS OF EMPLOYER 3

4

Section 2.1. 5

It is agreed that the customary and usual rights, powers, functions, and authority of management are 6

vested in management officials of the District. Included in these rights in accordance with applicable 7

laws, regulations, and the provisions of this Agreement, is the right to direct the work force, the right to 8

hire, promote, retain and assign employees in positions; the right to suspend, discharge, demote, or take 9

other disciplinary action against employees; and the right to release employees from duties because of 10

lack of work or for other legitimate reasons. The District shall retain the right to maintain efficiency of 11

the District operation by determining the methods, the means, and the personnel by which such operation 12

is conducted. 13

14

Section 2.2. 15

The right to make reasonable rules and regulations shall be considered acknowledged functions of the 16

District. The District shall give due regard and consideration to the Association and to the employees and 17

to the obligations imposed by this Agreement. 18

19

20

21

A R T I C L E I I I 22

23

RIGHTS OF EMPLOYEES 24

25

Section 3.1. 26

It is agreed that all employees subject to this Agreement shall have and shall be protected in the exercise 27

of the right, freely and without fear of penalty or reprisal, to join and assist the Association. The freedom 28

of such employees to assist the Association shall be recognized as extending to participation in the 29

management of the Association, including presentation of the views of the Association to the Board of 30

Directors of the District or any other governmental body, group, or individual. 31

32

Section 3.2. 33

Each employee shall have the right to bring matters of personal concern to the attention of appropriate 34

Association representatives and/or appropriate officials of the District. 35

36

Section 3.3. 37

Employees subject to this Agreement have the right to have Association representatives or other persons 38

present at discussions between themselves and supervisors or other representatives of the District. 39

40

Section 3.4. 41

Neither the District, nor the Association, shall unlawfully discriminate against any employee subject to 42

this Agreement on the basis of race, creed, color, gender, sexual orientation, national origin, religion, age 43

or marital status or the presence of any sensory, mental or physical handicap, except to the extent of a 44

bona fide reason. This provision shall be interpreted and applied in accordance with the District’s 45

affirmative action program. 46

47

48

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Section 3.5. 1

There shall be only one (1) official personnel file for each employee. Said files shall be kept in the 2

District administration office. Each employee shall have the right upon request, and after making an 3

appointment for that purpose with the personnel administrator, to review the contents of their official 4

personnel file. The review shall be made in the presence of the administrator responsible for safekeeping 5

of these files. During the review employees shall be allowed to copy any material therein and shall be 6

permitted to make a written inventory of material there, and, on request, have such inventory signed and 7

dated by a representative of the administration. 8

9

Section 3.5.1. 10

Each employee shall be provided a copy of all material placed in their personnel file within five 11

(5) days of its insertion. An employee may petition for removal of any material placed in the 12

personnel file. If said petition is denied, the Superintendent or designee will respond in writing 13

within thirty (30) working days from the date of petition as to the reason(s) for the denial. Such 14

denial may be appealed per Article V. An employee may attach comments to any material that is 15

a part of the personnel file. Evaluations and pre-employment test results, when applicable, are 16

considered a permanent record. 17

18

19

20

A R T I C L E I V 21

22

RIGHTS OF THE ASSOCIATION 23

24

Section 4.1. 25

The Association has the right and responsibility to represent the interests of all employees in the unit, to 26

present its views to the District on matters of concern either orally or in writing, and to enter collective 27

negotiations with the object of reaching an agreement applicable to all employees within the bargaining 28

unit. The Association shall be notified by the end of June for any major changes contemplated for the 29

next School Year. 30

31

Section 4.2. 32

The Association shall promptly be notified by the District of any grievances or disciplinary actions of any 33

employee in the unit in accordance with the provisions of the Discharge and Grievance Procedure Articles 34

contained herein. The Association is entitled to have an observer at hearings conducted by any District 35

official or body arising out of grievance and to make known the Association's views concerning the case. 36

37

Section 4.3. 38

The manner in which the Association shall communicate with the District shall be through the office of 39

the superintendent. Representatives of the Association shall obtain permission of the building principal, 40

superintendent, or their designees, in order to have access to the premises during business hours, provided 41

that the building principal, superintendent, or designee, shall, upon being requested for access, grant their 42

permission if no hampering or obstruction of work results. 43

44

Section 4.4. 45

The names, hire date, work assignments, addresses, and salary information of employees in the bargaining 46

unit will be provided annually on approximately October 1st to the president of the Association. The 47

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preceding data for new employees will be provided to the president of the Association within ten (10) 1

days of their hire date. Such information shall be updated upon request. 2

3

Section 4.5. 4

The District will grant up to six (6) days to the Association President, President-Elect, or an elected 5

delegate, with pay, for negotiations, grievances, or other meetings with the Employer or its 6

representatives. 7

8

The Association may use the six (6) days for other meetings under the following conditions: 9

10

A. That notice to take the leave be given to the Superintendent at least five (5) days in advance of the 11

date the leave is to begin, if possible. 12

B. That the purpose of the leave shall be clearly stated in the notice to the Superintendent. 13

C. That the Association shall reimburse the District at a substitute rate of pay for each day utilized. 14

15

The District reserves the right to deny any leave that would be illegal. 16

17

Section 4.6. Bulletin Boards. 18

The District shall provide bulletin board space in each school, if requested by the Association member in 19

said school, for the use of the Association. The bulletins posted by the Association are the responsibility 20

of the officials of the Association. Each bulletin shall be signed by the Association official responsible 21

for its posting. Unsigned notices or bulletins may not be posted. There shall be no other distribution or 22

posting by employees or the Association of pamphlets, advertising, political matter, notices of any kind, 23

or literature on District property, other than herein provided. 24

25

26

27

A R T I C L E V 28

29

ASSOCIATION REPRESENTATION 30

31

Section 5.1. 32

The Association will designate a Conference Committee of up to three (3) members who will meet with 33

the Superintendent of the District and the Superintendent's representatives on a mutually agreeable 34

scheduled basis to discuss appropriate matters. 35

36

Section 5.2. 37

The Association representatives shall represent the Association and employees in meeting with officials 38

of the District to discuss appropriate matters of mutual interest. They may consult with the District on 39

complaints without a grievance being made by an individual employee. 40

41

42

43

44

45

46

47

48

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A R T I C L E V I 1

2

HOURS OF WORK AND OVERTIME 3

4

Section 6.1. 5

The normal workweek shall consist of five (5) consecutive days followed by two (2) consecutive days of 6

rest. 7

8

Section 6.2. 9

The District shall establish work shifts with designated times of beginning and ending. Each shift shall 10

include adequate time to perform assigned duties, including rest periods of fifteen (15) minutes for each 11

four (4) hours of work. Shifts in excess of five (5) hours per day shall include, in addition to the above, 12

an uninterrupted lunch period of not less than thirty (30) minutes, of the employee's own time, to be as 13

near the middle of the shift as possible. 14

15

Section 6.3. 16

Each employee shall be assigned to a definite and regular shift and workweek, which shall not be changed 17

without prior notice to the employee of two (2) calendar weeks; provided, however, this notice may be 18

waived by the employee. 19

20

Section 6.4. 21

Employees required to work through their regular lunch periods will be given time to eat within their 22

work shift as agreed upon by the employee and the supervisor. In the event an employee is required to 23

forego a lunch period and works the entire shift, including the lunch period, the employee shall be 24

compensated for the foregone lunch period. 25

26

Section 6.5. 27

Employees requested to work a shift regularly filled by a higher paid employee shall receive 28

compensation equal to that normally received by the employee in the higher paid classification, consistent 29

with filling employee's incremental step. Employees requested to work a position compensated less than 30

the employee's regular hourly rate shall suffer no reduction in wages. 31

32

Section 6.6. 33

Employees called back on a regular workday, on a weekend, or at any time beyond their contract year, 34

shall receive no less than two (2) hours pay at the appropriate rate, and if more then four (4) hours are 35

worked under such circumstances, the employee shall receive a minimum eight (8) hours pay and an 36

appropriate lunch period. 37

38

Section 6.7. Overtime. 39

All hours of work subject to overtime rates of pay shall be approved, in advance, by the employee's 40

immediate supervisor. All employees shall be compensated at the rate of one and one-half (1½) times 41

their base rate for all hours worked over forty (40) hours per normal workweek. 42

43

Section 6.8. 44

In the event of an unusual school closure due to inclement weather, plant inoperation, or the like, the 45

District will make every effort to notify each employee to refrain from coming to work. Employees 46

reporting to work shall receive a minimum of two (2) hours pay at base rate in the event of such a closure; 47

provided, however, no employee shall be entitled to any such compensation in the event of actual 48

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notification by the District of the closure one (1) hour before beginning of their shift. Employees will be 1

notified of school closures and delays through radio, television, telephone trees, automated telephone 2

notification, and/or Internet. 3

4

Section 6.8.1. 5

In the event of a delay in school start time due to inclement weather, plant inoperation, or the like, 6

employees are expected to report to work as close to their regular start time as safely possible. If 7

an employee is unable to report to work at his/her regular start time, the employee shall have the 8

opportunity within two (2) weeks of the event to make up the time missed at a time and on a date 9

mutually agreeable to the employee and his/her supervisor. If the employee chooses not to make 10

up the time missed, the employee shall take an appropriate leave or deduct for the missed time. 11

12

Section 6.9. 13

With approval in advance by an employee’s supervising administrator, an employee may opt to request 14

compensatory time off in lieu of overtime compensation. Compensatory time, if granted, may be accrued; 15

provided, however, that records shall be maintained and there must be a reasonable expectation that the 16

employee will be able to expend the accrued time without disruption to the district program. Records 17

documenting compensatory time will include the date worked, time worked, total hours worked, name of 18

activity and supervising administrator’s signature. These records will be given to the supervising 19

administrator when the accrued compensatory time is used. The District shall not solicit employees to 20

accept compensatory time in lieu of other compensation. Compensatory time in lieu of overtime as 21

provided in this Article shall be accrued at the rate of one and one-half (1-1/2) hours for each hour 22

worked. Unused compensatory time shall be cashed out at the end of August at the monetary rate at 23

which it was earned. It is expected that employees will use compensatory time in a timely manner and 24

that a plan for doing so will have been discussed with the employee(s)' supervisor as compensatory time is 25

granted. 26

27

Section 6.10. 28

The school calendar has been agreed to by the parties and is attached as Appendix B. Except for 29

emergency situations, there shall be no deviation from, or change in, the school calendar unless explicitly 30

agreed to by the parties. The District shall submit a draft of the student calendar to the Association no 31

later than May 1 preceding the school year in question and shall work with the Association to reach 32

consensus and present said calendar to the Board for adoption by June 1. If the parties are unable to reach 33

consensus, the Board shall adopt the student calendar at its first regular meeting following June 1 34

preceding the school year in question. In the event of a drastic change in the school calendar, i.e., double 35

shifting or year-round school, the District shall notify the Association of intent to implement such a 36

change one year prior to the enactment of said change. 37

38

Section 6.11. 39

Bargaining unit members shall be afforded all statutory rights regarding job sharing. 40

41

42

43

44

45

46

47

48

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A R T I C L E V I I 1

2

HOLIDAYS AND VACATIONS 3

4

Section 7.1. Holidays. 5

All employees shall receive the following paid holidays that fall within their work year: 6

7

1. New Year's Day 7. Veterans' Day 8

2. Day before or day after New Year's Day 8. Thanksgiving Day 9

(as set by Superintendent) 9. Day after Thanksgiving 10

3. Presidents' Day 10. Day before Christmas 11

4. Memorial Day 11. Christmas Day 12

5. Independence Day 12. Day after Christmas 13

6. Labor Day 13. Martin Luther King Day 14

15

Section 7.1.1. Unworked Holidays. 16

Employees shall receive pay equal to their normal work shift at their base rate in effect at the time 17

the holiday occurs. An employee who is on the active payroll on the holiday, and has worked 18

either the last scheduled shift preceding the holiday or the first scheduled shift succeeding the 19

holiday, and is not on leave of absence, shall be eligible for pay for such unworked holiday. An 20

exception to this requirement will occur if the employee can furnish proof satisfactory to the 21

District that because of illness the employee was unable to work on either of such shifts and the 22

absence by reason of such illness is covered by sick leave. 23

24

Section 7.1.2. Worked Holidays. 25

Employees who are required to work on the above-described holidays shall receive the pay due 26

them for the holiday, plus twice their base rate for all hours worked on such holidays. 27

28

Section 7.1.3. Holidays During Vacation or on a Weekend. 29

Should a holiday occur while an annual employee is on vacation, the employee shall be allowed to 30

take one extra day of vacation with pay in lieu of the holiday as such. Should a holiday fall on 31

Saturday or Sunday, Friday or Monday will be observed as a holiday, as determined by the 32

superintendent. 33

34

Section 7.2. Vacations. 35

All employees subject to this Agreement shall earn hours of vacation based on hours worked. Vacation 36

payment for less than 1680 annual hour employees will be included in monthly payment. Employees who 37

work 1680 hours or greater annual hours will receive vacation credit benefits. Vacation shall be based on 38

the following provisions. 39

40

Section 7.2.1. 41

Years of service for the purpose of determining vacation credit shall be effective the first day of 42

September, provided the employee was hired prior to March 1 of that year. 43

44

45

46

47

48

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Section 7.2.2. 1

Employees subject to this Agreement shall earn hours of vacation credit based on hours worked 2

during the period September 1 to August 31 computed as follows: 3

4

Longevity 5

Years Vacation Days 6

1-3 15 7

4 16 8

5 17 9

6 18 10

7 19 11

8 20 12

9 21 13

10 22 14

11 23 15

12 24 16

13 25 17

14 25 18

15 25 19

16 25 20

17 25 21

18 25 22

19 25 23

20 25 24

25

Prorated vacation hours = Allowed vacation hours x FTE 26

FTE = Full-time equivalent 27

Year-round employees are those whose actual contracted work hours exceed 1,680 hours per year. 28

29

Section 7.2.3. 30

In computing the total vacation credit for any period of service, part of an hour will be disregarded 31

if less than one-half (½) hour; otherwise, it will be counted as a full hour. 32

33

Section 7.2.4. 34

Extra vacation payment processing will be done in October each year and will be based on the 35

previous year’s hours and wages. Extra vacation pay for less than 260 day employees will be 36

computed based on all hours worked; extra and substitute time within the employee’s 37

classification. Any deducted time shall be subtracted from extra time before extra vacation pay is 38

computed. If an employee does not have any extra time, any deducted time will be subtracted 39

from the employees regularly contracted hours. 40

41

Section 7.2.5. 42

Time on layoff and time on authorized leave of absence will be counted as continuous service for 43

the purpose of establishing and retaining eligibility dates. 44

45

Section 7.2.6. 46

Except as provided in the following section, any vacation credit currently due but unused by the 47

new accrual date each year may be carried over for one (1) year to a maximum of twenty-five (25) 48

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days following the accrual date with the approval of the immediate supervisor and administration. 1

No vacation may be carried over for more than one (1) year beyond the date on which it became 2

due; provided, however, no employee shall be denied accrued vacation benefits due to District 3

employment needs. An employee, upon separation from service, shall have the opportunity to 4

cash out accrued vacation up to twenty-five (25) days. 5

6

Section 7.2.7. 7

Vacations shall be granted at the discretion of the administration at times agreed upon by the 8

employee and the District. Employees shall have the option of vacation time in increments of one 9

(1) day or more and/or one (1) hour or more. 10

11

12

13

A R T I C L E V I I I 14

15

SICK LEAVE / ILLNESS, INJURY AND EMERGENCY LEAVE AND OTHER LEAVES 16

17

Family and Medical Leave Act of 1993. 18

Pursuant to the provisions of the Family and Medical Leave Act of 1993, the District shall provide the 19

appropriate leave for all eligible employees. 20

21

Section 8.1. 22

Employees assigned one hundred eighty (180) or more workdays shall be entitled to twelve (12) days of 23

compensated leave each year to be used for illness, injury, and emergencies. Employees assigned less 24

than one hundred eighty (180) workdays shall be entitled to such leave on a prorated basis. 25

Unused sick leave shall accumulate to the legal limit. Sick leave benefits shall be paid on the basis of 26

base hourly rate applicable to the employee’s normal daily work shift; provided, however, that should an 27

employee’s normal daily work shift increase or decrease subsequent to an accumulation of days of sick 28

leave, sick leave benefits will be paid in accordance with the employee’s normal daily work shift at the 29

time the sick leave is taken, and the accumulated benefits will be recorded and expended on an hourly 30

rather than a daily basis. Doctor and dental appointments may be charged against sick leave in case of 31

illness. Sick leave may be utilized to care for a child of the employee under the age of eighteen (18) with 32

a health condition that requires treatment or supervision, stepchild, spouse, domestic partner, parent, step-33

parent, grandparent, grandchild, sibling, parent-in-law, or any other family member. 34

35

Employees shall have the right to avail themselves of the District’s leave-sharing program in accordance 36

with State law and school board policy. 37

38

Pursuant to the provisions of the 2002 Washington Family Care Act, District staff members may use 39

accrued sick leave or other accrued leave, at the employee’s choice, to care for a child of the employee 40

with a health condition that requires treatment or supervision. Staff members may use accrued sick leave 41

or other accrued leave at the employee’s choice to care for a spouse, parent, parent-in-law, or grandparent 42

of the employee who has a serious health condition or an emergency condition. The District may require 43

a signed statement from a licensed practitioner to verify the need for treatment, care or supervision for any 44

absence which exceeds five (5) consecutive days. 45

46

47

48

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Section 8.2. 1

When an employee will be absent from work due to illness, the employee shall give notice to the 2

supervisor or the person designated by the superintendent to receive such notice, not later than 7 a.m. of 3

the first day of the illness. If the absence may be for consecutive days, the District should be notified of 4

the probable date of return. The District may require a doctor’s verification for any absence due to illness 5

exceeding five (5) consecutive days. 6

7

Section 8.2.1. 8

An employee returning from any illness, whether or not compensated leave benefits have been 9

paid, may be required to submit to a medical examination or other medical evaluation at the 10

expense of the District in order to establish medical fitness for the duties of the position before 11

returning to work. 12

13

Section 8.3. Sick Leave Attendance Incentive Program. 14

In January of the year following any year in which a minimum of sixty (60) days of sick leave is accrued, 15

and each January thereafter, any eligible employee may exercise an option to receive remuneration for 16

unused sick leave accumulated in the previous year at the rate equal to one (1) days monetary 17

compensation of the employee for each four (4) full days of accrued sick leave in excess of sixty (60) 18

days. Sick leave for which compensation has been received shall be deducted from accrued sick leave at 19

the rate of four (4) days for every one (1) days monetary compensation. 20

21

Section 8.3.1. 22

At the time of separation from the District employment due to retirement or death, an eligible 23

employee or the employee's estate shall receive remuneration at a rate equal to one (1) days 24

current monetary compensation for each four (4) full days accrued sick leave. 25

26

Section 8.3.2. 27

In the event employees are absent for reasons which are covered by Industrial Insurance, the 28

District shall pay the employee an amount equal to the difference between the amount paid the 29

employee by the Department of Labor and Industries and the amount the employee would have 30

normally earned. A deduction shall be made from the employee's accumulated sick leave in 31

accordance with the amount paid to the employee by the District. 32

33

Section 8.4. 34

Compensated leave because of an employee's physical incapacity will not be approved when the injury or 35

illness is directly traceable to employment other than with the District. 36

37

Section 8.5. 38

No District employee shall be entitled to compensated leave while absent from duty due to the following 39

causes: 40

1. Sickness or disability sustained while on leave of absence without pay. 41

2. Inability to properly perform required duties because of intemperance or intoxication. 42

43

Section 8.6. Emergency Leave. 44

Each employee shall be entitled each contract year up to two (2) days leave with pay for absence caused 45

by emergencies. Employees may take additional days by submitting a request in writing to the 46

Superintendent. Emergencies shall be defined as sudden or unanticipated events where preplanning could 47

not relieve the necessity of the employee's absence. Emergency leave shall be deducted from sick leave. 48

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Section 8.7. Personal Leave. 1

Employees shall be frontloaded two (2) days of personal leave per year with pay and pro-rated to FTE. 2

Up to two (2) days be carried over annually to a maximum of four (4) total banked days (including 3

frontload). Personal leave is neither sick leave nor bereavement leave. 4

5

Requests for personal leave shall be submitted in writing to the building principal or immediate supervisor 6

at least two (2) working days prior to the leave whenever possible. 7

8

The employee shall not be required nor asked reasons for the leave beyond the term “personal” and will 9

be so stated on the leave form. 10

11

Section 8.7.1. Personal Leave Incentive Program. 12

By August 31st of each school year, the employee may submit in writing to the Human Resource 13

Officer their request to cash out up to two (2) unused personal leave days. Unused personal leave 14

will be cashed out on the September warrant and the employee’s hourly rate will be based on the 15

contract ending August 31st of the previous year. 16

17

Section 8.8. Imminent Death and Bereavement Leave. 18

Each employee shall be entitled to a maximum of five (5) days leave with pay upon each occasion of the 19

death or imminent death of an employee’s child, step-child, spouse, or adult living in the employee’s 20

household, parent, step-parent, grandparent, grandchild, sibling or parent-in-law. Each employee shall be 21

entitled to a maximum of three (3) days leave with pay upon each occasion of the death or imminent death 22

of any other relative not listed above. The District retains the right to require the employee to supply 23

proof of death/imminent death and/or relationship of decedent as well as justification of time required for 24

bereavement-related activities. Bereavement leave shall not be taken from sick leave and shall be taken 25

within one (1) calendar year of the family member’s death. Requests for exceptions shall be made in 26

writing to the Superintendent. 27

28

Section 8.9. Maternity Leave. 29

Maternity leave is to be deducted from the total of compensated leave maximum per year or from the total 30

accumulated compensated leave. Employees granted maternity leave in accordance with this section may 31

at their option, be allowed compensated leave for maternity leave as stated in 8.1. for only those days their 32

physician certifies they could not perform the work required. The District may verify the doctor's 33

certification independently by a physician appointed by them. 34

35

Section 8.10. Judicial Leave. 36

In the event a staff member is summoned to serve as a juror, or is subpoenaed to appear as a witness in 37

court or is named as a co-defendant with the District, such staff member shall receive a normal day’s pay 38

for each day of required presence in court. Money paid as jury duty fee or witness fee, travel allowance 39

or costs incurred for parking are not reimbursable to the district. Upon receipt of a jury summons or 40

subpoena, the staff member shall immediately notify the immediate supervisor and the Human Resource 41

Office. The staff member shall be required to furnish a signed statement from a responsible officer of the 42

court as proof of jury service or as a witness. If the staff member is a party to a case, the staff member 43

may request a leave of absence. 44

45

Section 8.11. Leave of Absence. 46

Except for leaves of absence due to illness, any employee who has completed two (2) years of service 47

with the District may be granted an extended leave of absence for a period not to exceed one (1) year, 48

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provided however, if such leave is granted due to extended illness, one (1) additional year may be granted 1

upon request. A leave may be granted upon recommendation of the immediate supervisor through 2

administrative channels to the superintendent, and upon approval of the Board of Directors. Except as 3

provided by law or specifically stated to the contrary herein, all leaves of absence shall be without pay, 4

without fringe benefits, and without salary experience credit. 5

6

A leave of absence will not be allowed solely so that an employee can pursue other employment 7

opportunities or relocate to another community. An employee on leave who obtains other employment 8

may be terminated as an employee of the District. Employees on leave are encouraged to work with the 9

District’s Human Resource Department so that he nature of their leave and any subsequent changes in the 10

leave are authorized. 11

12

Section 8.11.1. 13

The returning employee will not necessarily be assigned to the identical position occupied before 14

the leave of absence. However, if the position remains substantially unchanged, the employee will 15

be returned to the identical position. In the event the previously held position is substantially 16

eliminated, the employee shall be reinstated to a position equivalent in duties and salary to that 17

held at the time the request for leave of absence was approved, consistent with seniority herein. 18

Employees returning from maternity leave (Section 8.9 herein) shall be afforded the privileges 19

addressed herein. 20

21

An employee seeking a leave of absence must: 22

1. Make the request one (1) month prior to taking the leave or prior to April 1st (for the 23

ensuing year) unless waived by the Superintendent and/or designee. 24

2. Confirmation of intent to return from leave must be received no later than April first (1st), 25

for the next school year. 26

27

Section 8.11.2. 28

The employee will retain accrued sick leave, vested vacation rights, and seniority rights while on 29

leave of absence. However, vacation credits, seniority, and sick leave shall not accrue while the 30

employee is on leave of absence. 31

32

Section 8.11.3. 33

If a returning employee refuses a position with equivalent duties and pay, the employee shall be 34

terminated. 35

36

37

38

A R T I C L E I X 39

40

PROBATION, SENIORITY AND LAYOFF PROCEDURES 41

42

Section 9.1. 43

Longevity is defined as the total years of service working for any Washington State school district. 44

Seniority is defined as the total years of service as an employee in the Lakewood School District. The 45

seniority of an employee in the bargaining unit shall be established as of the employee's hire date in the 46

Lakewood School District. 47

48

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Section 9.1.1. 1

When an employee leaves a school district within the State and commences employment with the 2

Lakewood School District, the employee shall be granted Schedule A placement, vacation and 3

sick leave benefits as an employee in the Lakewood School District who has similar longevity. 4

Employees with occupational status and years of service accumulated in the private sector (non-K-5

12 public education) shall be evaluated pursuant to Section 15.7 herein. 6

7

Section 9.1.2. 8

If the District has a different system for computing seniority, leave benefits, and other benefits, 9

then the employee shall be granted the same seniority, leave benefits and other benefits as an 10

employee in the District who has similar occupational status and total years of service. 11

12

Section 9.1.3. 13

In the event an employee of the District, previously within the scope of Article I, Section 1.4, is 14

transferred back into the bargaining unit, such employee shall be credited with all previously held 15

seniority, provided that the employee has been continuously employed and provided further that 16

the employee shall not accrue seniority for employment outside the bargaining unit. 17

18

Section 9.1.4. 19

In any case where seniority is equal, the employee with the earliest hire date will have "seniority." 20

Ties will be broken by lot. 21

22

Section 9.2. 23

Each new hire shall remain in a probationary status for a period of not more than sixty (60) working days 24

following the hire date. During this probationary period, the District may discharge such employee at its 25

discretion, and the employee shall have no recourse to any grievance procedure. 26

27

Section 9.3. 28

At the end of the employee’s sixty (60) working-day probationary period, if the employee is retained, the 29

employee shall be placed on regular employee status and be subject to salaries, insurance and leave 30

provisions retroactive to the employee's hire date. 31

32

Section 9.4. 33

The seniority rights of an employee shall be lost for the following reasons: 34

A. Resignation; 35

B. Discharge for justifiable cause; or 36

C. Retirement; 37

D. Change in job classification from one bargaining unit to another, as hereinafter provided. 38

39

Section 9.5. 40

Seniority accrued shall not be lost for the following reasons without limitation: 41

A. Time lost by reason of industrial accident, industrial illness, or jury duty; 42

B. Time on leave of absence granted for the purpose of serving in the Armed Forces of the 43

United States; 44

C. Time spent on other authorized leaves; or 45

D. Time spent in layoff status as hereinafter provided. 46

47

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Section 9.6. 1

Seniority rights shall be effective within the bargaining unit as defined in Article I, Section 1.4. herein. 2

3

Section 9.7. 4

The senior employee shall have absolute preferential rights regarding shift selection, vacation periods and 5

special services (including overtime). The senior employee shall have preferential rights regarding 6

transfers, reassignment of present jobs, assignment to new or open jobs or positions, promotions, hours of 7

employment; and layoffs when ability and performance are substantially equal with junior employees. If 8

hours are to be reduced, seniority shall govern. If the District determines that seniority rights should not 9

govern because a junior employee possesses qualifications, ability and performance substantially greater 10

than a senior employee or senior employees, the District shall set forth in writing to the senior employee, 11

or employees, and the association president, its specific reasons why the junior employee was selected. 12

13

Section 9.7.1. 14

In the event the District determines a need for reduction or elimination of currently staffed 15

positions, the layoff/reduction in force process will be based on a District-level application of 16

seniority within the bargaining unit. No employee may exercise seniority rights that will increase 17

the employee’s annual work hours or hourly wage over and above the employee’s current annual 18

work hours and hourly wage at the time of layoff/reduction. 19

20

An employee whose position is being reduced or eliminated shall be reassigned to a currently 21

staffed position within the bargaining unit, subject to the following guidelines: 22

23

A. A seniority list containing all members within the bargaining unit will be generated and 24

distributed to the Association. 25

B. Written notification will be provided to the building administrator or department 26

supervisor and Association of the name of the employee who is currently occupying the 27

position that is being reduced or eliminated. 28

C. An employee displaced by reduction or elimination of his/her position shall be reassigned 29

to another position within the general job classification based upon seniority. This will be 30

accomplished by moving up the seniority list (least senior to most senior) until the first 31

position of equal annual work hours occupied by a less senior employee is identified for 32

which the displaced employee qualifies. The intent is to retain annual work hours as close 33

as possible to current annual work hours based on seniority. In the event there is no 34

currently staffed position of equal annual work hours, the displaced employee will be 35

assigned to the position with annual work hours closest to the employee’s current annual 36

work hours. The District will determine whether the displaced employee is qualified for 37

the position in accordance with Section 9.7. 38

D. The process will repeat in seniority order (most senior to least senior) for each employee 39

displaced from his/her current position until all employees have been reassigned to 40

currently staffed positions or identified for layoff. 41

E. Employees who have been placed in layoff status will be placed on a reemployment list 42

according to layoff ranking within the bargaining unit in accordance with Sections 9.9, 43

9.10, 9.11, and 9.12. 44

45

Section 9.8. 46

The District shall publicize within the bargaining unit, by written posting for a minimum of five (5) days, 47

the availability of new or open positions as soon as practicable. These postings will include qualifications 48

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that will be considered for all candidates. Any added time greater than two (2) hours per day will result in 1

a new position. All new positions will require a job posting. A copy of each posting will be sent to the 2

chapter president. Employees wishing to receive notification of new and open positions that are posted 3

between the end of the school year and August 15th shall notify the Human Resources office in writing by 4

the end of the school year and specify the classification(s) and position(s) for which they wish to be 5

notified and the desired notification method (mail or email). 6

7

Section 9.8.1. 8

Employees filling new positions shall serve another probationary period of thirty (30) days of 9

regularly scheduled work. However, in the event the employer, during the probation, determines 10

not to retain the employee in the position, such employee shall have the right to return to the 11

former position or if filled, to one of a substantially similar nature if available, or to a substitute 12

position until a similar position becomes available, provided that such employee will receive 13

equivalent pay and benefits of the previous position. When a similar position becomes available, 14

such employee will be placed in that position without posting procedures. A new probationary 15

period will then go into effect. 16

17

Section 9.8.2. 18

If the District creates a new position or if an existing position becomes vacant due to a retirement 19

or resignation, such position shall not be filled with a substitute beyond thirty (30) working days 20

without the position being posted. 21

22

Section 9.8.3. 23

Regular employees may bid on posted temporary positions in a higher classification or that 24

contain more hours/days than their present positions with the right to return to their former jobs 25

when the temporary position ends. Such transfers shall be limited to the posted temporary 26

position. 27

28

Section 9.9. 29

Employees laid off are to be placed on a reemployment list maintained by the District according to layoff 30

ranking and are to have priority in filling any opening in the bargaining unit. Names shall remain on the 31

reemployment list for two (2) years. Employees shall have one (1) week notice in the event of layoff. It 32

is understood that the reemployment provisions described above are not intended to result in an increase 33

in contract hours or wage for the employee recalled from layoff status. 34

35

Section 9.10. 36

Employees of layoff status shall file their address in writing with the personnel office of the District and 37

shall thereafter promptly advise the District in writing of any change of address. 38

39

Section 9.11. 40

An employee shall forfeit rights to reemployment as provided in Section 9.9 if the employee does not 41

comply with the requirements of Section 9.10 or if the employee does not respond to the offer of 42

reemployment within ten (10) days. 43

44

Section 9.12. 45

An employee on layoff status who rejects an offer of reemployment forfeits seniority and all other accrued 46

benefits. 47

48

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A R T I C L E X 1

2

DISCIPLINE AND DISCHARGE OF EMPLOYEES 3

4

Section 10.1. 5

The District shall have the right to discipline or discharge an employee for justifiable cause. The issue of 6

justifiable cause shall be resolved in accordance with the grievance procedure hereinafter provided. If the 7

District has reason to reprimand an employee, it shall be done in a manner which will not embarrass the 8

employee before other employees or the public. Disciplinary measures shall be applied in a progressive 9

manner. Progressive discipline shall be adhered to except in those instances in which a grave problem or 10

a problem of such severity warrants a departure from said policy. 11

12

Section 10.2. Notification to Non-Annual Employees. 13

This section is intended to be applicable to those employees whose duties necessarily imply less than 14

twelve (12) months work per year. 15

16

Section 10.2.1. 17

Should the District decide to not reemploy any non-annual employee for the following school 18

year, the employee shall, whenever possible, be notified in writing prior to the expiration of the 19

current school year. 20

21

Section 10.2.2. 22

Nothing contained herein shall be construed to prevent the District from discharging an employee 23

for acts of misconduct occurring after the expiration of the school year. 24

25

26

27

A R T I C L E X I 28

29

INSURANCE AND RETIREMENT 30

31

Section 11.1. 32

The District shall provide the entire State-funded amount per month for twelve (12) months each year for 33

each employee subject to this Agreement on an FTE basis for the payment of premiums of mutually 34

approved insurance plans. For insurance calculation purposes, one (1) FTE equals 1,440 or more hours of 35

compensation per year. Employees compensated for fewer than 1,440 hours per year shall be entitled to a 36

prorated amount based on one (1) FTE. The District shall pay the maximum premium amount specified 37

in this Section for mutually approved basic insurance programs which may include medical, dental, 38

vision, group term life, and group long-term disability coverage. Optional programs may include VEBA 39

III, cancer insurance, accident insurance, salary insurance or supplemental group life insurance. 40

41

Section 11.1.1. 42

All bargaining unit insurance dollars shall be pooled for the purpose of paying the cost of 43

premiums of basic insurance coverage for each bargaining unit member. Only after members of 44

the bargaining unit have received benefit of basic insurance coverage, shall pool dollars be used 45

for optional coverage. 46

47

48

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Section 11.1.2. 1

It is agreed that upon closing of the insurance enrollment period the District shall compare the 2

bargaining unit insurance premium usage to the size of the insurance premium pool. This 3

comparison shall be made again in June to insure full utilization and compliance with all State 4

regulations. All such District computations shall be provided to the Association. 5

6

Section 11.1.3. 7

The FTE count for both pool generation and pool distribution is closed with the submission of the 8

S275 Report. All employees subject to this Agreement who are hired after October 1 of each year 9

shall be entitled to the amount defined in Section 11.1 per FTE based upon 1,440 hours of work, 10

and not participate in the insurance premium pool. Further, except for addition of new 11

dependents, enrollment for dependents closes with the expiration of the open enrollment insurance 12

period each October. 13

14

Section 11.2. 15

The District and Association agree to the following provisions in order to make a good faith effort to 16

comply with 2012 Washington Laws (ESSB 5940). 17

18

a) The District shall ask an insurance broker to procure premium quotes for health benefit plans that 19

meet the responsible contracting standards of ESSB 5940. 20

b) To ensure employees selecting richer benefit plans pay the higher premium, and make progress 21

toward the 3:1 ratio goal of full-family to employee-only coverage premiums in ESSB 5940, each 22

employee included in the pooling arrangement within the CBA who elects medical benefit 23

coverage shall pay a minimum out-of-pocket charge by monthly payroll deduction. The minimum 24

monthly charge shall be two percent (2%) of premium. Such minimum monthly charge shall be 25

paid regardless of the impact of pooling. Eligible employees selecting the HDHP with a Health 26

Savings Account (HSA) will be allowed to contribute to their HSA account, via payroll deduction, 27

up to the limit allowed by law. 28

c) The parties shall abide by state laws relating to school district employee benefits, and this 29

agreement shall be construed consistent with such laws. 30

d) The parties shall meet prior to May 1st of each year to discuss whether to renew or amend the 31

health care portion of this language for another year. 32

33

The parties mutually agree to open the contract at any time to deal with Health Insurance issues related to 34

compliance with state or federal law and/or potential employee eligibility for subsidies or tax credits from 35

the Federal government. The District agrees to cooperate with the union to the extent that the union 36

requests do not cause the District to incur fines, taxes, sanctions or any substantial negative financial 37

impact. 38

39

Section 11.3 40

The District shall provide indemnity coverage for all employees. 41

42

Section 11.4. 43

All employees subject to this Agreement shall be entitled to participate in a mutually approved tax 44

sheltered annuity plan. On receipt of a written authorization by an employee, the District shall make the 45

requisite withholding adjustments and deductions from the employee's salary. 46

47

48

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Section 11.5. 1

In determining whether an employee subject to this Agreement is eligible for participation in the 2

Washington State Public Employees' Retirement System, the District shall report all hours compensated, 3

whether straight time or overtime. 4

5

6

7

A R T I C L E X I I 8

9

ASSOCIATION MEMBERSHIP AND CHECKOFF 10

11

Section 12.1. 12

Each employee subject to this Agreement, who, on the effective date of this Agreement, is a member of 13

the Association in good standing, and each employee subject to this Agreement who thereafter becomes a 14

member of the Association in good standing, shall, as a condition of employment, maintain membership 15

in the Association in good standing during the period of this Agreement. 16

17

Section 12.2. 18

Any employee subject to this Agreement, who on the date of execution of this Agreement or its effective 19

date, whichever is later, is not a member in good standing of the Association and does not wish to become 20

a member, and all employees hired subsequent to the date of execution of this Agreement or its effective 21

date, whichever is later, who do not wish to become members, shall submit a letter by registered mail to 22

Public School Employees of Washington, P.O. Box 798, Auburn, Washington 98071, within sixty (60) 23

calendar days of the execution date of this Agreement or its effective date, or within sixty (60) calendar 24

days of hire, whichever is later and appropriate, stating that such employee does not wish to become a 25

member. Should any such employee fail to submit said letter within the specified period, said employee 26

shall immediately obtain and maintain membership in good standing of the Association as a condition of 27

continued employment. 28

29

Section 12.3. 30

The parties recognize that an employee should have the option of declining to participate as a member of 31

the Association, yet contribute financially to the activities of the Association in representing such 32

employee as a member of the collective bargaining unit. Therefore, as an alternative to, and in lieu of the 33

membership requirements of the previous sections of this Article, an employee who declines membership 34

in the Association shall pay to the Association each month a service charge as a contribution toward the 35

administration of this Agreement in an amount equal to the regular monthly dues. This service charge 36

shall be collected by the Association in the same manner as monthly dues. 37

38

Section 12.3.1. COPE – Political Action Committee. 39

The District shall, upon receipt of a written authorization form that conforms to legal 40

requirements, deduct from the pay of such bargaining unit employee the amount of contribution 41

the employee voluntarily chooses for deduction for political purposes and shall transmit the same 42

to the Union on a check separate from the Union dues transmittal check. Section 12.6 (Hold 43

Harmless) of the Collective Bargaining Agreement shall apply to these deductions. The employee 44

may revoke the request at any time. At least annually, the employee shall be notified by the PSE 45

State Office about the right to revoke the request. 46

47

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Section 12.4. 1

The District will notify the Association of all new hires within ten (10) working days of the hire date. At 2

the time of hire, the District will inform the new hire of the terms and conditions of this article. 3

4

The District shall furnish the new hire a copy of this Agreement, to be provided by the Association, at the 5

time of hire. 6

7

Section 12.5. Checkoff. 8

The District shall deduct PSE dues, service charges, or voluntary political contributions from the pay of 9

any employee who authorizes such deductions in writing pursuant to RCW 41.56.110. The District shall 10

transmit all such funds deducted to the treasurer of the Public School Employees of Washington on a 11

monthly basis, provided however, local dues shall be sent monthly to the chapter treasurer. 12

13

Section 12.6. Hold Harmless. 14

The Association will indemnify, defend and hold the District harmless against any claims, suits, orders 15

and/or judgments against the District on account of any check-off of Association dues or voluntary 16

political contributions. 17

18

19

20

A R T I C L E X I I I 21

22

GRIEVANCE PROCEDURE 23

24

Section 13.1. 25

Grievances or complaints arising out of the interpretation and application of this Agreement shall be 26

resolved in strict compliance with this article. 27

28

Section 13.2. Grievance Steps. 29

30

Section 13.2.1. Step 1. 31

The employee shall first discuss the grievance with the immediate supervisor. All grievances not 32

brought to the immediate supervisor in accordance with the preceding sentence within thirty (30) 33

days of when the employee became aware of the occurrence of the grievance, shall be invalid and 34

subject to no further processing. At any point during the grievance procedure, the aggrieved may 35

file a written notice to the superintendent terminating the grievance. The grievant may be 36

accompanied by an Association representative at this step and/or any succeeding grievance 37

meeting/step. 38

39

Section 13.2.2. Step 2. 40

If the grievance is not resolved to the employee's satisfaction in accordance with the preceding 41

subsection, the employee shall reduce to writing a statement of the grievance containing the 42

following: 43

44

A. The facts on which the grievance is based; 45

B. A reference to the provisions in this Agreement and the words which have been 46

specifically violated, and 47

C. The remedy sought. 48

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The employee shall submit the written statement of grievance, within fifteen (15) working days of 1

the Step 1 meeting, to the immediate supervisor for reconsideration and shall submit a copy to the 2

official in the administration responsible for personnel. The parties will have ten (10) working 3

days from submission of the written statement of grievance to resolve it. A written statement 4

indicating the disposition of the grievance shall be furnished the aggrieved. If an agreeable 5

disposition has been made, the aggrieved party shall terminate the grievance in writing. 6

7

Section 13.2.3. Step 3. 8

If no settlement has been reached within the ten (10) working days referred to in the preceding 9

subsection, and the Association believes the grievance to be valid, a written statement of grievance 10

shall be submitted within fifteen (15) working days following the receipt of the written Step 2 11

response to the District superintendent or the superintendent's designee. After such submission, 12

the parties will have fifteen (15) working days to resolve the grievance. A written statement 13

indicating the disposition of the grievance shall be furnished the aggrieved. If an agreeable 14

disposition has been made, the aggrieved party shall terminate the grievance in writing. 15

16

Section 13.2.4. Step 4. 17

If the grievant is not satisfied with the decision at Step 3 or if no decision has been rendered within 18

fifteen (15) working days following the filing of the appeal, the grievant may request that the 19

Association submit the grievance to arbitration. Such request must be made within fifteen (15) 20

working days following receipt of the decision made at Step 3. 21

22

The Association shall notify the District of its intent to seek arbitration and, within fifteen (15) 23

working days, the Association and the Board will jointly request a list of five (5) arbitrators. They 24

shall alternately strike names from the list. The first name not stricken by either party shall be the 25

arbitrator utilized. The arbitrator so selected shall schedule and conduct hearings as expeditiously 26

as possible under the following rules and procedures. 27

28

A. The arbiter shall hear and accept pertinent evidence submitted by both parties and shall be 29

empowered to request such data as the arbiter deems pertinent to the grievance and shall 30

render a decision in writing to both parties within thirty (30) days (unless mutually 31

extended) of the completion of the closure of record. 32

B. The arbiter shall be authorized to rule and issue a decision in writing on the issue presented 33

for arbitration, which decision shall be final and binding on both parties. 34

C. The arbiter shall rule only on the basis of information presented in the hearing and shall 35

refuse to receive any information after the hearing except in the presence of both parties 36

and where there is mutual agreement. 37

D. Each party to the proceedings may call such witness as may be necessary in the order in 38

which their testimony is to be heard. Such testimony shall be limited to the matters set 39

forth in the written statement of grievance. The arguments of the parties may be supported 40

by oral comment and rebuttal. Either or both parties may submit written briefs within a 41

time period mutually agreed upon. Such arguments of the parties, whether oral or written, 42

shall be confined to and directed at the matters set forth in the grievance. 43

44

Section 13.3. 45

In the event the grievance or arbitration discussions occur during regular employment time, the District 46

shall provide release time without loss of compensation limited to the grievant, required witnesses, and 47

one (1) Association representative unless otherwise approved by the District. It is recognized that 48

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meetings and/or discussions to prepare for grievance and/or arbitration hearings are to take place outside 1

the employee's workdays and are not protected by this section. The District shall not discriminate against 2

any employee or the Association for taking action under this Article. 3

4

5

6

A R T I C L E X I V 7

8

PERFORMANCE EVALUATION 9

10

Section 14.1. 11

An annual evaluation shall be completed by June 15th of each year for less than 260-day employees and 12

by August 1st for all other employees by the employee’s designated supervisor. The performance 13

evaluation shall consist of a written rating of the employee’s performance in the essential skill and 14

knowledge areas of the job, as elaborated in the current position description. No employee will be 15

evaluated on a changed job description until a minimum of sixty (60) days has elapsed since a revised 16

description was given the employee and Association. Any formal evaluation completed during the 17

interim sixty (60) day period shall be predicated upon the original job description. 18

19

Section 14.2. 20

The completed evaluation will be signed by the employee. A copy will be placed in the employee's 21

personnel file and the employee shall receive a copy. The employee's signature acknowledges receipt of 22

the evaluation. Any unsatisfactory evaluation will be reviewed with the employee at a conference. The 23

employee may, within fifteen (15) days of the conference, file a written attachment to the evaluation. 24

25

Section 14.3. 26

Employee evaluation forms will be reviewed bi-annually at the request of either party pursuant to the 27

terms of Article V herein. 28

29

30

31

A R T I C L E X V 32

33

SALARIES AND EMPLOYEE COMPENSATION 34

35

Section 15.1. 36

Employees shall be compensated in accordance with the provisions of this Agreement for all hours 37

worked. 38

39

Section 15.2. 40

Salaries for employees subject to this Agreement, during the term of this Agreement, are contained in 41

Schedule A attached hereto and by this reference incorporated herein. 42

43

Section 15.3. 44

For purposes of calculating daily hours, time worked shall be rounded to the next one quarter (1/4) hour. 45

46

47

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Section 15.3.1. 1

Each employee shall receive, no later than November 15th of each School Year, a comprehensive 2

statement of employment benefits: days/hours of regular scheduled employment, sick leave and 3

vacation balances as of the beginning of the School Year, medical FTE and District maximum 4

individual medical monetary authorization. Employees will be updated if there are any changes in 5

any of the above entitlements. 6

7

Section 15.4. 8

Any employee required to travel from one site to another in a private vehicle during working hours shall 9

be reimbursed for such travel on a per-mile basis at the current rate as set by the IRS. Employees must 10

log to and from miles and complete a reimbursement form signed by their supervisor. Once this is 11

complete the packet will be submitted for reimbursement. 12

13

Section 15.5. 14

Employees required to remain overnight on District business shall be reimbursed for room and board 15

expenditures. Employees on District business during the evening meal time shall be reimbursed for an 16

evening meal. All such reimbursement shall be in accordance with Board policy. 17

18

Section 15.5.1. 19

Employees must accumulate a minimum of twenty-five dollars ($25.00) of reimbursable expenses 20

before submitting a request for reimbursement. Reimbursement requests not totaling twenty-five 21

dollars ($25.00) will be processed in June of each year. 22

23

Section 15.6. 24

Incremental steps, where applicable, shall take effect on September 1 of each year during the term of this 25

Agreement; provided, the employee has been hired prior to and actively employed continuously since 26

March 1 of the previous employment year. 27

28

Section 15.7. 29

Newly hired employees may request and be granted an evaluation by the District regarding previous work 30

experience that is relevant to their position description. If in the judgment of the administration the 31

experience is comparable to other work experience which would warrant advanced incremental 32

(longevity) Schedule A ranking, such ranking will be awarded. 33

34

Section 15.8. Salaries and Employee Compensation. 35

Each employee completing the Technology Competencies Level III or IV by June 30th of each school year 36

shall have their hourly rate of compensation increased by ten cents ($.10) for Level III and an additional 37

ten cents ($.10) for Level IV prorated to the date of completion. Employees must complete Level I and II 38

prior to being compensated for Level III and IV. 39

40

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A R T I C L E X V I 1

2

PROFESSIONAL DEVELOPMENT 3

4

Section 16.1. 5

Employees attending training courses required by state regulation or District policy as a condition of 6

continued employment will be paid by the District at the employee's normal wage per hour for all time in 7

attendance beyond the employee's regular school employment time, plus any fee, tuition, or transportation 8

costs. If the time in attendance causes the employee(s) to exceed forty (40) hours of work in one (1) 9

week, the employee(s) will be paid at one and one-half (1½) times the applicable rate of pay. 10

11

Section 16.2. 12

Employees attending training courses or seminars requested by the employee and approved by the District 13

will suffer no loss of regular salary, if the course requires them to attend on their regular school 14

employment time, but no salary payment will be made for any time an employee would not have regularly 15

worked; however, expenses incurred for transportation and/or training course fees and tuitions will be 16

paid by the School District. Approval of the School District will be based upon value of the training to 17

the District and availability of funds. 18

19

Section 16.3. Optional Time. 20

All members of the bargaining unit shall have the option of utilizing up to seven (7) hours of pay at the 21

regular hourly rate, or the overtime rate, when applicable, for District approved uses. Optional Time, as 22

stated herein, shall be used only for hours of compensation beyond the regular work shift. Expenses 23

incurred for transportation and/or training course fees and tuitions may be paid by the District. This 24

section shall not serve to limit the District from authorizing hours of compensation in addition to and/or 25

apart from optional time as stated in this section. 26

27

Section 16.4. Committee Time. 28

Recognizing that participation in site-based decision making and other District planning activities places 29

an impact on employees' work loads, the District shall endeavor to set reasonable expectations for 30

participation in these activities. Employees who are requested to serve on site-based planning committees 31

or other District authorized committees which meet at times other than the employees' normal work hours 32

shall be paid for their time in attendance at either their normal hourly rate or their overtime rate, 33

whichever is applicable. 34

35

Section 16.5. 36

A professional development fund in the amount of $1,500.00 will be provided to this bargaining unit each 37

school year. The money will be distributed by the Professional Development Review Committee, 38

consisting of three members of the bargaining unit appointed by the unit’s Board of Trustees. 39

40

The committee will accept written applications for use of professional development funds and distribute 41

said funds up to the annual limit according to the established guidelines. 42

43

In the event of a double levy failure, this section is void for the period of time impacted by the District’s 44

failure to receive local levy funds. 45

46

Professional development funds that were not used within the previous school year will be rolled over 47

into funds available for the next school year. 48

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A R T I C L E X V I I 1

2

TERM AND SEPARABILITY OF PROVISIONS 3

4

5

6

7

8

9

10

11

Section 17.1.

The term of this Agreement shall be September 1, 2016 to August 31, 2020.

Schedule A for the 2018-19 school year shall be increased by eight (8%) percent and for the 2019-20

school year Schedule A shall be increased by five (5%) percent.

During the spring of 2019, each party at its sole discretion may propose up to two (2) re-openers to

this Agreement, excluding Schedule A. 12

13

Section 17.1.1. Extra Hours. 14

The District will make available to each school site an allocation for the purpose of addressing 15

workload issues. The allocation rate shall be based on the Step 3 current maximum level salary 16

rate per hour and include in the correspondence site’s annual building budget. Access to this 17

allocation shall be triggered by notification to the school principal by the school’s head secretary 18

that hours are needed. Such extra hours shall be assigned on an as needed basis, rather than solely 19

on the basis of seniority. Such assignment of extra hours shall be done in manner to avoid 20

overtime, if possible. 21

22

Allocation of the equivalent hours shall be in accordance with the following schedule: 23

School Site Number of Equivalent Hours 24

Lakewood Elementary 24 25

English Crossing 24 26

Cougar Creek Elementary 24 27

Lakewood Middle School 40 28

Lakewood High School 40 29

30

Section 17.1.2. 31

A longevity increment of $0.35 per hour above the Step 3 wage shall be applied at the tenth (10th) 32

year. A longevity increment of $0.70 per hour above the Step 3 wage shall be applied at the 33

fifteenth (15th) year. A longevity increment of $1.05 per hour above the Step 3 wage shall be 34

applied at the twentieth (20th) year. A longevity increment of $1.40 per hour above the Step 3 35

wage shall be applied at the twenty-fifth (25th) year. 36

37

Section 17.2. 38

This Agreement shall be reopened and modified at any time during its term upon mutual consent of the 39

parties in writing; provided, however, that this Agreement shall, in the event that the Legislature suspends 40

annual cost of living increases, be reopened to negotiate Article XV, and as necessary to consider the 41

impact of any legislation enacted following execution of this Agreement which may arguably affect the 42

terms and conditions herein or create authority to alter personnel practices in public employment. 43

44

Section 17.2.1. Health Room and Medical Duties. 45

Policies and procedures for the health rooms will be included in the employee orientation and 46

training activities. 47

48

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Section 17.3. 1

All provisions except those in Section 17.2 of this Agreement shall be applicable to the entire term of this 2

Agreement at the execution date. 3

4

Section 17.4. 5

If any provision of this Agreement or the application of any such provision is held invalid, the remainder 6

of this Agreement shall not be affected thereby. 7

8

Section 17.5. 9

Neither party shall be compelled to comply to any provision of this Agreement which conflicts with state 10

or federal statutes or regulations promulgated pursuant thereto. 11

12

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1

2

3

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7

S I G N A T U R E P A G E 8

9

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19

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PUBLIC SCHOOL EMPLOYEES 21

OF WASHINGTON/SEIU LOCAL 1948 22

23

24

LAKEWOOD OFFICE PERSONNEL 1108 LAKEWOOD SCHOOL DISTRICT, #306 25

26

27

28

29

BY: BY: 30

Renee Bjerkaker, Chapter President Michael Mack, Superintendent 31

32

33

DATE: DATE: 34

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SCHEDULE A 1

LAKEWOOD SCHOOL DISTRICT 2

OFFICE PERSONNEL 3

SEPTEMBER 1, 2018 – AUGUST 31, 2019 4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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25

26

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31

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35

Step 1 Step 2 Step 3 10 Years 15 Years 20 Years 25 Years Step 1 Step 2 Step 3 10 Years 15 Years 20 Years 25 Years Step 1 Step 2 Step 3 10 Years 15 Years 20 Years 25 Years

Administrative Assistant 0.35 0.7 1.05 1.4

Operations Administrative Assistant $23.84 $24.65 $25.50 $25.85 $26.20 $26.55 $26.90 $23.94 $24.75 $25.60 $25.95 $26.30 $26.65 $27.00 $24.04 $24.85 $25.70 $26.05 $26.40 $26.75 $27.10

Administrative Assistant to Building Principal $22.97 $23.84 $24.65 $25.00 $25.35 $25.70 $26.05 $23.07 $23.94 $24.75 $25.10 $25.45 $25.80 $26.15 $23.17 $24.04 $24.85 $25.20 $25.55 $25.90 $26.25

Administrative Assistnt to Directors/Supervisors

Secretary 1

High School Counselor Secretary $21.22 $22.13 $22.98 $23.33 $23.68 $24.03 $24.38 $21.32 $22.23 $23.08 $23.43 $23.78 $24.13 $24.48 $21.42 $22.33 $23.18 $23.53 $23.88 $24.23 $24.58

Middle School Counselor Secretary $20.28 $21.10 $21.90 $22.25 $22.60 $22.95 $23.30 $20.38 $21.20 $22.00 $22.35 $22.70 $23.05 $23.40 $20.48 $21.30 $22.10 $22.45 $22.80 $23.15 $23.50

High School CTE/Cougar Path Secretary $19.72 $20.54 $21.35 $21.70 $22.05 $22.40 $22.75 $19.82 $20.64 $21.45 $21.80 $22.15 $22.50 $22.85 $19.92 $20.74 $21.55 $21.90 $22.25 $22.60 $22.95

Secretary 2 - MS and HS

Building Secretary $19.35 $20.19 $21.02 $21.37 $21.72 $22.07 $22.42 $19.45 $20.29 $21.12 $21.47 $21.82 $22.17 $22.52 $19.55 $20.39 $21.22 $21.57 $21.92 $22.27 $22.62

Secretary 2

Building Secretary $19.00 $19.82 $20.68 $21.03 $21.38 $21.73 $22.08 $19.10 $19.92 $20.78 $21.13 $21.48 $21.83 $22.18 $19.20 $20.02 $20.88 $21.23 $21.58 $21.93 $22.28

Administrative Office Secretary

ASB Secretary

Sub Caller Secretary

Board Secretary

Level III Tech Compentency Level IV Tech Competency

$0.10 $0.10

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1

SCHEDULE A 2

LAKEWOOD SCHOOL DISTRICT 3

OFFICE PERSONNEL 4

SEPTEMBER 1, 2019 – AUGUST 31, 2020 5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

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31

32

33

34

35

Step 1 Step 2 Step 3 10 Years 15 Years 20 Years 25 Years Step 1 Step 2 Step 3 10 Years 15 Years 20 Years 25 Years Step 1 Step 2 Step 3 10 Years 15 Years 20 Years 25 Years

Administrative Assistant 0.35 0.7 1.05 1.4

Operations Administrative Assistant $23.84 $24.65 $25.50 $25.85 $26.20 $26.55 $26.90 $23.94 $24.75 $25.60 $25.95 $26.30 $26.65 $27.00 $24.04 $24.85 $25.70 $26.05 $26.40 $26.75 $27.10

Administrative Assistant to Building Principal $22.97 $23.84 $24.65 $25.00 $25.35 $25.70 $26.05 $23.07 $23.94 $24.75 $25.10 $25.45 $25.80 $26.15 $23.17 $24.04 $24.85 $25.20 $25.55 $25.90 $26.25

Administrative Assistnt to Directors/Supervisors

Secretary 1

High School Counselor Secretary $21.22 $22.13 $22.98 $23.33 $23.68 $24.03 $24.38 $21.32 $22.23 $23.08 $23.43 $23.78 $24.13 $24.48 $21.42 $22.33 $23.18 $23.53 $23.88 $24.23 $24.58

Middle School Counselor Secretary $20.28 $21.10 $21.90 $22.25 $22.60 $22.95 $23.30 $20.38 $21.20 $22.00 $22.35 $22.70 $23.05 $23.40 $20.48 $21.30 $22.10 $22.45 $22.80 $23.15 $23.50

High School CTE/Cougar Path Secretary $19.72 $20.54 $21.35 $21.70 $22.05 $22.40 $22.75 $19.82 $20.64 $21.45 $21.80 $22.15 $22.50 $22.85 $19.92 $20.74 $21.55 $21.90 $22.25 $22.60 $22.95

Secretary 2 - MS and HS

Building Secretary $19.35 $20.19 $21.02 $21.37 $21.72 $22.07 $22.42 $19.45 $20.29 $21.12 $21.47 $21.82 $22.17 $22.52 $19.55 $20.39 $21.22 $21.57 $21.92 $22.27 $22.62

Secretary 2

Building Secretary $19.00 $19.82 $20.68 $21.03 $21.38 $21.73 $22.08 $19.10 $19.92 $20.78 $21.13 $21.48 $21.83 $22.18 $19.20 $20.02 $20.88 $21.23 $21.58 $21.93 $22.28

Administrative Office Secretary

ASB Secretary

Sub Caller Secretary

Board Secretary

Level III Tech Compentency Level IV Tech Competency

$0.10 $0.10