Article 1.0 Recognition and Definitions 3
Article 2.0 Posting Procedures 3
Article 3.0 Selection Process 4
Article 4.0 Hiring Procedures 4
Article 5.0 Pay for Work Performed/Employment Status 5
Article 6.0 Evaluation 6
Article 7.0 Severability 6
Article 8.0 Distribution of the Agreement 7
Article 9.0 Association Rights 7
Article 10.0 Employee Rights 7
Article 11.0 Liability Insurance Benefits 7
Article 12.0 Grievance Procedure 8
Article 13.0 Association Membership and Representation Fees 9
Article 14.0 Duration of Agreement 10
Appendix A 11
Collective Bargaining Agreement
Elma School District No. 68
Elma Extracurricular Association
This Collective Bargaining Agreement hereinafter referred to as the “Agreement” is made and entered into by and between Elma School District No. 68, Grays Harbor County, Washington, hereinafter referred to as the “District,” and Elma Extracurricular Association and an affiliate of the Washington Education Association and National Education Association, hereinafter referred to as the “Association.”
1.1 The District recognizes the Association as the exclusive bargaining representative of all employees holding positions listed in Appendix A for which no certification is required. Excluded from the bargaining unit are supervisors, confidential employees, and all other employees. The Association is certified pursuant to Certification Cross-Check Decision 5629 – PECB.
1.2 Definitions: As used in this Agreement, the following terms shall apply.
1.2.1 EMPLOYEE – An individual who is a member of this bargaining unit.
1.2.2 PAY PROVISIONS – Pay provisions are determined jointly by the parties and found herein as Appendix A
1.2.3 EXTRA CURRICULAR – Coaching and activities which do not require certification.
1.2.4 DAYS – Unless otherwise noted, “day,” “days,” refers to days in which school is in session and is exclusive of weekends, holidays and vacations or school breaks. During the period following the last school day and the first school work day, the term “day” shall mean week day.
1.2.5 EXTRA DUTY CONTRACT – A contract signed by an employee filling an extracurricular position. Such contract is a non-continuing contract and may be terminated by the employer subject to the terms of section 10.3.
2.1 All vacant or new positions shall be posted in-district for a minimum of five (5) days.
2.2 District-wide posting will be done by individual posting announcements in each building and sent to the Association President.
2.3 Summer Postings – Employees with specific interest in possible vacancies which may occur during the summer months will notify the District Office, in writing, prior to the end of the school year and will leave a summer address and phone number.
2.3.1 The employee shall contact the District Office within five (5) days of receiving such notification.
3.1 When the skills, abilities, and experience are equal among applicants for a position covered by this Agreement, the District will give preference to in-District applicants.
3.2 The following will apply when the District determines to fill a head high school coaching position for which there is more than one (1) applicant who meets the posted qualifications.
a. A committee, chaired by the Athletic Director, will be established.
b. The Association will appoint two (2) employees to the committee.
c. The committee will review applicants and will submit a written recommendation to the Athletic Director; such recommendation will prioritize applicants.
d. The committee’s recommendation is non-binding.
4.1 An applicant selected to fill a position shall receive a written offer.
4.2 Those applicants not selected will be notified within ten (10) school days of the position being filled.
4.3 Applicants not selected are entitled to a conference with the appropriate building administrator, provided such applicant submits a written request for a conference.
5.1 Each employee shall be given a written copy of his/her Extra Duty contract containing the following:
a. Employee’s name
5.2 Appendix A: Extra-curricular stipends will be calculated using the SAM (Salary Allocation Model).
5.3 All year long activities will be paid in equal monthly payments beginning with the October pay warrant.
5.4 Seasonal activities will be paid in equal monthly amounts during season worked unless the employee request a lump sum payment to be made at the completion of the work performed. Such requests must be in writing to the District Office no later than (1) week after the start of the season worked.
5.5 Post Season Coaching Pay: Compensation for authorized post season work shall be as follows:
5.5.1 Practice: Up to 3.0 hours per authorized practice at hourly rate.
5.5.2 Authorized “Post Season” competition.
Definition: “Post Season” will become effective after the completion of the regular league competition.
a. Home Field Events: Up to 3 hours at hourly rate
b. Away Events up to 80 miles one way: Up to 5 hours at hourly rate
c. Away 81+ miles one way: Up to 8 hours at hourly rate
d. Overnight stay with accommodations and supervision:
12 hours at hourly rate
5.5.3 There will be no additional pay for practice/or competition that occurs during “regular” work day hours with coaching pay beginning from end of contract day.
5.5.4 Hours are based on competitions which are one match/game per day. Competitions which involve multiple matches, (e.g. baseball, wrestling, track, etc.) employees may submit up to 12 hours at hourly rate.
5.6 Time sheets must be submitted and approved by the Athletic Director and Superintendent for post season compensation before being forwarded to the District payroll fiscal secretary.
5.7 Years of experience steps on the salary schedule shall be computed on the basis of the total number of years, regardless of interruption, that the individual has served for contracted pay be Elma School District in that particular capacity and activity (e.g. Assistant Coach in Football up to the maximum number of steps allowed in the schedule. A Middle School level coach or advisor’s experience per year in the specific sport or activity shall be equal to one year of Assistant Coach or Advisor at High School level.)
5.8 Subsequent to September 1, 1998*, any individual who is hired as Head Coach of a sport or Head Advisor or in an activity in which that person has served as an assistant in a paid capacity with Elma School District shall receive experience credit on the steps of the salary schedule according to the following formula:
1 or 2 years of assistant experience = 0 credit for Head Coach experience.
3, 4, or 5 years of paid assistant experience = 1 year of credit for Head Coach experience
6, 7, or 8 years of paid assistant experience = 2 years of credit for Head Coach experience.
*Note: This section does not apply to any Head Coach
or Head Advisor hired into such position prior to
Article 6.0 Evaluation
6.1 All employees will be evaluated the first year in a position. Subsequently, employees filling head positions will be evaluated every other year. All employees may be evaluated more frequently upon the request of the employee or if the supervising administrator determines it to be necessary. Evaluations will be completed within thirty (30) school days after the close of the season for the activity.
6.2 Head coach concerns regarding an assistant coach may be provided in writing to the Athletic Director in a timely manner. Upon receipt of the written concerns, the Athletic Director will schedule a meeting with the Head Coach and the Assistant to discuss the written concerns. The Athletic Director will provide a written summary of the meeting; such summary will address the concerns submitted by the Head Coach.
Article 7.0 Severability
7.1 If any provision of the Agreement or any application of the Agreement shall be found to be contrary to law, such provision or application shall have effect only to the extent permitted by law and all other provisions or applications of the Agreement shall continue in full force and effect.
7.2 If any provision of the Agreement is so held to be contrary to law, the parties shall, by mutual consent, commence bargaining on said provision as soon thereafter as is reasonably possible.
Article 8.0 Distribution of the Agreement
8.1 Within the first thirty (30) school days following execution of this Agreement, the District shall print this Agreement and the Association shall deliver a copy of such Agreement to each member of the bargaining unit. Additional ten (10) copies will be available to the Association.
8.2 The District will provide newly hired employees a copy of the Agreement.
8.3 All costs of preparing and printing this Agreement shall be borne equally by the District and the Association.
Article 9.0 Association Rights
9.1 The Association shall have the right to use District buildings for meetings to transact Association business in accordance with District policy, procedures, rules, and regulations governing the public use of buildings.
9.2 The Association shall have the right to use faculty-room bulletin boards and employee mail boxes for communications with employees, provided that such notices will be signed and dated by the Association President.
9.3 Association representatives shall have the right to visit the District’s premises to meet with employees when employees are not performing assigned duties. Such representative(s) shall first check in at the building office.
9.4 The District shall make available to the President and Chief Negotiator a copy of the monthly budget report.
9.5 The Association is entitled to District information that is public record.
Article 10.0 Employee Rights
10.1 The District recognizes the right of employees to join, support, and assist the Association for the purposes of engaging in collective bargaining for wages, hours, and terms and conditions of employment.
10.2 Employees shall be entitled to full rights of citizenship. The Parties shall not discriminate against any employee because of domicile, race, greed, religion, color, national origin, age, gender, or marital status.
10.3 If an employee is terminated during the employee’s contracted term of employment, the employer will schedule a hearing with the employee to review the reasons for such termination. The employee is entitled to have an Association representative present at such hearing.
10.4 Written complaints made against an employee will be sent to the employee within 5 (5) days of receipt of the complaint. If the employee is not in attendance, the complaint will be sent on the first day the employee returns. Any complaint not sent to the employee may not be used as the basis for discipline.
Article 11.0 Liability Insurance Benefits
11.1 The District shall provide insurance for the protection of employees pursuant to RCW 28A.400.370, which states in part, “Mandatory Insurance Coverage for employees shall provide insurance protection covering employees while engaged in the maintenance of order and discipline and the protection of school personnel and students and the property thereof when that is deemed necessary by such employees. Such insurance protection must include as a minimum, liability insurance covering injury to persons and property, and insurance protecting those employees from loss or damage of their personal property incurred while so engaged.
Article 12.0 Grievance Procedure
12.1 Definition: A grievance is an alleged misinterpretation of, or violation of terms and/or provisions of this Agreement. Grievant shall mean an individual, or a group of individuals.
Nothing contained herein shall be construed as limiting the right of any employee having a complaint to discuss the matter informally with any appropriate member of the administration.
12.2 Procedure for processing Grievances:
Immediate Supervisor – the employee must formally present his/her concern to the immediate supervisor. If the concern is not resolved, a written statement of grievance may be presented. Such written statement of grievance must be submitted to the employee’s immediate supervisor within ten (10) days from the event on which the grievance is based.
12.2.1 The “Statement of Grievance” shall name the grievant(s) involved, the facts giving rise to the grievance, the provision(s) of the Agreement alleged to be violated, and the remedy (specific relief) requested. The grievance must be signed by the grievant and dated.
12.2.2 The immediate supervisor, upon receipt of the written statement of grievance, shall sign and date the statement of grievance and shall give a copy to the grievant(s), the Association representative, and the Superintendent. The immediate supervisor shall answer the grievance in writing. The immediate supervisor’s answer shall include the reasons upon which the decision was based, within ten (10) school days of receiving the grievance and shall concurrently send a copy of the grievance, his/her decision and all supportive evidence to the grievant(s), the Association representative and the Superintendent.
12.3 Superintendent – If no satisfactory settlement is reached at Step 1, the grievance may be appealed to the Superintendent, or his/her designated representative, within ten (10) school days of receipt of the decision rendered in Step 1.
12.3.1 The Superintendent or his/her designated representative shall arrange for a grievance meeting with the grievant(s) and/or Association representative and such meeting shall be scheduled within ten (10) school days of the receipt of the Step 2 appeal. The purpose of this meeting shall be to affect a resolution of the grievance.
12.3.2 The Superintendent or his/her designated representative shall provide a written decision, incorporating the reasons upon which the decision was based to the grievant(s), Association representative and immediate supervisor within ten (10) school days from the conclusion of the meeting.
12.4 School Board – If no satisfactory settlement is reached at Step 2, the grievance may be appealed to Step 3 within ten (10) school days after receiving the disposition of the Superintendent or after the above stated time limits have expired, and submit the grievance to the Board.
12.4.1 If the grievance is submitted to the Board, the Board within twenty (20) school days shall meet with the grievant, the Association representative and the Superintendent to review such grievance in executive session or give such grievance the consideration as it shall deem appropriate.
12.4.2 The disposition by the Board shall be made to the grievant in writing within ten (10) school days of the meeting. A notification of such disposition shall be furnished to the grievant, the Association, and the immediate supervisor.
Article 13.0 Association Membership and Representation Fees
13.1 Sections 13.2 through 13.7 shall not be implemented unless the Association notifies the District that it should be implemented. Such notification shall be provided at least sixty (60) days prior to the next school year.
13.2 For the duration of this Agreement, the District and the Association hereby establishes an agency shop relationship for purposes of Association security.
13.3 Within five (5) days of execution of the Agreement or by September 10, whichever date comes last, the Association shall give written notice to the District of the dollar amount of dues required for Association membership and of representation fees
13.4 All members of the bargaining unit shall, as a condition of their employment, be a member of the Association or one of its affiliates or pay an amount equal to the dues of the Association. The bargaining unit shall establish local dues and communicate the amount to the District business office.
13.5 The District shall deduct from the employee’s pay the dues required of membership or a representation fee equal to such dues. The amounts deducted shall be transmitted each month to the Association on behalf of the employee. Authorization by the employee shall be on an approved form by the Parties hereto and shall provide for revocation of dues deduction by an individual employee between August 15 and September 15 of the current contract year.
13.6 Each employee has the right of non association based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member. Such public employee shall pay an amount of money equivalent to regular union dues and initiation fee to a non religious charity or to another charitable organization mutually agreed upon by the employee affected and the bargaining representative to which such public employee would otherwise pay the dues and initiation fee. The employee shall furnish written proof that such payment has been made. If the employee and the bargaining representative do not reach agreement on such matter, the Public Employment Relations Commission shall designate the charitable organization.
13.7 The Association agrees to indemnify and hold harmless the District from any and all liability resulting from the dues/representation fee payroll deduction system.
13.8 The District shall provide the Association an annual status listing of all employees, with periodic updates.
Article 14.0 Duration of Agreement
14.1 To be in effect, this Agreement must be ratified by the Association and the Board and then signed by the parties.
This Agreement will be effective through ________________________________
________ day of __________________, 2003, at Elma,
FOR THE DISTRICT:
FOR THE ASSOCIATION
Standards for Determining Placement of Positions on the District Extra Curricular/Co Curricular List:
In order of importance:
1. Certification is required if an academic grade or school credit is granted by advisor. (Position will not be listed as extracurricular.)
2. Certification is required if “past practice” has placed a certified employee in this position and the position has been placed in “certification required” list. (Position will not be listed as extracurricular)
3. Certification can change to “not required list” if only available candidate(s) is classified employee(s) based on all district liability and local/state regulations being met along with District and ETO/EEA agreement.