COLLECTIVE BARGAINING AGREEMENT BETWEEN
EVERGREEN PUBLIC SCHOOLS NO. 114
AND
PUBLIC SCHOOL EMPLOYEES OF
EVERGREEN PSE
SEPTEMBER 1, 2022 THROUGH AUGUST 31, 2025
Public School Employees of Washington/SEIU Local 1948
www.pseclassified.org
P. O. Box 798
Auburn, Washington 98071-0798
1.866.820.5652
Table of Contents
Page
PREAMBLE 1
ARTICLE I RECOGNITION AND COVERAGE OF AGREEMENT 1
ARTICLE II RIGHTS OF THE EMPLOYER 3
ARTICLE III RIGHTS OF THE EMPLOYEES 3
ARTICLE IV RIGHTS OF THE ASSOCIATION 6
ARTICLE V APPROPRIATE MATTERS FOR CONSULTATION
AND NEGOTIATION 10
ARTICLE VI ASSOCIATION REPRESENTATION 10
ARTICLE VII HOURS OF WORK AND OVERTIME 11
ARTICLE VIII HOLIDAYS AND VACATIONS 16
ARTICLE IX LEAVES 18
ARTICLE X PROBATIONARY, SENIORITY, AND
LAYOFF PROCEDURES 25
ARTICLE XI DISCIPLINE AND DISCHARGE OF EMPLOYEES 28
ARTICLE XII INSURANCE AND RETIREMENT 29
ARTICLE XIII PROFESSIONAL DEVELOPMENT 30
ARTICLE XIV ASSOCIATION MEMBERSHIP AND CHECKOFF 31
ARTICLE XV GRIEVANCE PROCEDURE 32
ARTICLE XVI TRANSFER OF PREVIOUS EXPERIENCE 34
ARTICLE XVII SALARIES AND EMPLOYEE COMPENSATION 34
ARTICLE XVIII STAFF PROTECTION 37
ARTICLE XIX TRANSPORTATION 38
ARTICLE XX TEMPORARY STATUS 45
ARTICLE XXI SUMMER WORK 47
ARTICLE XXII TERM AND SEPARABILITY OF PROVISIONS 48
SIGNATURE PAGE 50
SCHEDULE A 51-54
PERFORMANCE EVALUATION FORMS 55-59
MEMORANDUM OF UNDERSTANDING / LETTER OF AGREEMENT 60-63
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PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
PREAMBLE 1
2
This Agreement is made and entered into between Evergreen Public Schools Number 114 (hereinafter 3
"District") and Public School Employees of Evergreen PSE, an affiliate of Public School Employees of 4
Washington/SEIU Local 1948 (hereinafter "Association"). 5
6
In accordance with the provisions of the Public School Employees Collective Bargaining Act and 7
regulations promulgated pursuant thereto, and in consideration of the mutual covenants contained 8
therein, the parties agree as follows: 9
10
11
12
ARTICLE I 13
14
RECOGNITION AND COVERAGE OF AGREEMENT 15
16
Section 1.1. 17
The District hereby recognizes the Association as the exclusive representative of all employees in the 18
bargaining unit described in Section 1.2. The Association recognizes the responsibility of representing 19
the interests of all such employees. 20
21
Section 1.2. 22
The bargaining unit to which this Agreement is applicable shall include all positions in Schedule A 23
attached hereto. 24
25
Section 1.2.1. Substitutes. 26
Pursuant to PERC rules, substitutes working thirty (30) days or more in any school year and 27
who continue to be available for work are bargaining unit employees; provided, however, that 28
bargaining unit substitutes are subject only to the terms of Section 10.7.2 and Sections 19.10 29
through 19.10.6. Seniority preference rights of such individuals shall be effective only with 30
respect to other substitute employees. Such bargaining unit status is not lost unless the employee 31
separates from employment in accordance with the provisions of this agreement or is a 32
voluntary quit. Substitute employees shall be eligible to participate in Washington State Public 33
Employees Retirement System to the extent allowed by state law. 34
35
Section 1.3. Definition of Bargaining Unit Positions. 36
37
Section 1.3.1. 38
Terms and conditions relating to temporary positions of more than thirty (30) consecutive 39
workdays are described in Article XX. 40
41
Section 1.3.2. 42
Individuals holding the following positions are not included in the bargaining unit: Community 43
Education Teachers; student workers; event compensation positions (excluding bargaining unit 44
campus security positions); and classified employees holding extra-curricular assignments. 45
46
47
48
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Section 1.3.3. 1
A permanent position is one that is neither temporary nor a substitute position and exists for 2
more than thirty (30) consecutive workdays. 3
4
Section 1.4. 5
The District will present new or modified position descriptions and proposed pay rates to the 6
Association President. If the district believes that the responsibility level of a position's duties and/or 7
level of required skill and ability have been changed so significantly so as to make inappropriate the 8
salary placement determined during the most recent round of bargaining, the District will provide the 9
modified position descriptions and proposed pay rate to the Association President. If the Association 10
does not respond within seven (7) business days from receipt, and there is a vacancy, the position may 11
be posted and filled as per the District's determination. Any changes subsequently negotiated will be 12
retroactive to the date the employee was newly hired or transferred into the position. 13
14
Section 1.5. 15
The Reclassification Bargaining Subcommittee (RBSC) shall develop review procedures and 16
timelines, and submit them to the District and the Association for mutual approval. 17
18
The RBSC will consist of six (6) members: three (3) bargaining unit members and three (3) 19
administrative members. Each party will be responsible for selection of its own members. 20
21
Section 1.5.1. 22
In the event an employee believes that the responsibility level of his/her position's duties and/or 23
level of required skill and ability have been changed significantly so as to make inappropriate 24
the current salary placement, the employee will notify the President of the Association: 25
26
1) the significant changes that require re-bargaining; 27
2) the additional skills required to perform the significant changes; and 28
3) the proposed modified salary placement. 29
30
Employees who believe their position has been substantially modified, so as to qualify under 31
this section, must have written documentation outlining the significant changes and 32
corresponding skill level(s) needed to initiate a review of the position by the Reclassification 33
Bargaining Subcommittee. 34
35
Employees must submit the documents to the President of the Association or Designee no later 36
than April 1. The President of the Association or Designee will notify the District within five 37
(5) business days from April 1. The District will communicate back to the requesting employee 38
the status of his/her request by June 30. Employees will be available to meet with the 39
reclassification committee to present their information and answer questions. 40
41
The reclassification committee consists of the Chief Operations Officer or Designee, two (2) 42
delegates, President of the Association or Designee and two (2) delegates. 43
44
The District will make recommendations to the Superintendent or Designee. Upon approval of 45
the Superintendent or Designee and Association, the changes will be implemented on 46
September 1. 47
48
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Section 1.6. 1
When an employee’s position is reclassified to a higher level or higher classification, their placement 2
on Schedule A will be at the pay rate closest to, but not lower than their current rate of pay and they 3
will not be placed lower than step 2 in the new classification. The respective longevity percentage(s) 4
will then be applied to the new pay step. The employee shall retain district seniority rights but may be 5
subject to a new classification seniority date due to the reclassification. 6
7
8
9
ARTICLE II 10
11
RIGHTS OF THE EMPLOYER 12
13
Section 2.1. 14
It is agreed that the customary and usual rights, powers, functions, and authority of management are 15
vested in management officials of the District. Included in these rights, in accordance with and subject 16
to applicable laws, regulations, and the provisions of this Agreement, is the right to direct the work 17
force, the right to hire, promote, retain, transfer, and assign employees in positions; the right to 18
suspend, discharge, demote, or take other disciplinary action against employees; and the right to 19
release employees from duties because of lack of work or for other legitimate reasons. The District 20
shall retain the right to maintain efficiency of the District operation by determining the methods, the 21
means, and the personnel by which operations undertaken by the employees in the unit are to be 22
conducted. 23
24
Section 2.2. 25
The right to make reasonable rules and regulations shall be considered acknowledged functions of the 26
District. In making rules and regulations relating to personnel policies, procedures and practices, and 27
matters of working conditions, the District shall give due regard and consideration to the rights of the 28
Association and the employees and to the obligations imposed by this Agreement. 29
30
31
32
ARTICLE III 33
34
RIGHTS OF EMPLOYEES 35
36
Section 3.1. 37
It is agreed that the employees, subject to the provisions of this Agreement, shall have and shall be 38
protected in the exercise of the right, freely and without fear of penalty or reprisal, to join and assist the 39
Association. The freedom of such employees shall be recognized as extending to participation in the 40
management of the Association, including presentation of the views of the Association to the 41
Superintendent and to the Board of Directors of the District. The District shall take whatever action 42
required or refrain from such action in order to assure employees that no interference, restraint, 43
coercion or discrimination is allowed within the District to encourage or discourage membership in any 44
employee organization. 45
46
47
48
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Section 3.1.1. 1
The District will take steps, as required by law, to provide a safe working environment. The 2
District acknowledges the impact that serious threats and assault on employees has on the 3
educational process and will follow the student disciplinary process in accordance with District 4
Policy, State and Federal Law. 5
6
Should an employee be threatened with an assault or be assaulted by a student, parent or other 7
person while on district property or during a school sponsored event, such employee shall 8
report such threat or assault to the employee’s supervisor or designee. Following district policy 9
and procedures the supervisor or designee shall assess the incident and may inform the 10
employee what action, if any, has been taken in response to the alleged threat or assault in 11
accordance with State and Federal regulations. 12
13
The District shall report threats and assaults to the authorities as appropriate. Employees are 14
free to exercise their personal legal rights or alternative courses of action concerning threats 15
and assaults. 16
17
Employees are expected to use reasonable measures in situations involving physical threats or 18
abuse. Employees will follow district procedures when necessary to protect themselves or 19
others from physical injury. 20
21
The District shall determine and offer employees with training, support and necessary 22
equipment to ensure the employee’s safety in the workplace. 23
24
Section 3.2. 25
Each employee shall have the right to bring matters of personal concern to the attention of appropriate 26
Association representatives and/or to his/her immediate supervisor and to the Superintendent in 27
accordance with District policy and administrative procedures. 28
29
Section 3.3. 30
Employees have the right to choose one of the designated Association representatives to be present at 31
discussions between themselves and supervisors, as provided in the grievance procedure. Employees 32
shall have the right to choose one of the designated Association representatives for representation 33
when disciplinary action is taken or when the employee reasonably believes that there is the potential 34
of disciplinary action that may affect the continuation of employment. Such representation shall not 35
delay a meeting beyond a reasonable time period, which will not generally exceed 48 hours. A list of 36
designated Association representatives shall be submitted to the Human Resource Department by 37
September 1 of each year. 38
39
Section 3.4. 40
Each employee reserves the right to delegate any right or duty contained in this Agreement, exclusive 41
of compensation for services rendered, to appropriate officials of the Association. 42
43
Section 3.5. 44
Neither the District nor the Association, shall discriminate against any employee subject to this 45
Agreement on the basis of race, creed, color, religion, national origin, United States citizenship status, 46
age, sex, sexual orientation including gender expression or identity, honorably discharged veteran or 47
military status, marital status, the use of a trained dog guide or service animal by a person with a 48
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disability, or non-job-related physical, sensory, or mental disability, except insofar as such factors are 1
valid occupational qualifications and the employee can perform the essential functions of the job. 2
3
Section 3.6. 4
The District may maintain a personnel file on each employee. Such file shall contain such items as 5
original employment application and resume, educational records, references, information required as a 6
condition of employment, payroll authorizations, status sheets, correspondence, evaluations, and any 7
other information that is pertinent to the employee. Supervisors and/or the District business office may 8
keep a working file with copies of information required as a condition of employment or pertinent to 9
the employee's seniority. In addition, the supervisor may keep, in a working file, information that may 10
be used in the employee evaluation. No other files shall be kept in the District except as allowed in 11
Section 3.6.1. 12
13
Upon request, an employee shall have the right to inspect all contents of his/her personnel file and 14
medical information file in the Human Resource Department, and/or supervisor's working file in the 15
supervisor's office. If it is the employee's desire, he/she may fill out an inventory sheet listing all 16
documents in his/her file. Upon request, a single copy of any document(s) shall be provided to the 17
employee. 18
19
Any material placed in the employee's personnel file which is reviewed and judged by the employee to 20
be derogatory to his/her conduct, service, character, or personality may be refuted in writing. Such 21
written response shall become part of the personnel file. 22
23
The Association and District agree that any derogatory material over two (2) years old, with the 24
exception of evaluations, may be removed from the personnel file at the request of the employee. 25
When such a request is made, the District will consider the nature and/or recurrence of the conduct, 26
and any legal requirements for retention. The Human Resource Manager is the contact person in the 27
Human Resource Department who has the authority to inspect and destroy such information. Any 28
contents of the working file not transferred to the official personnel file by the end of the school year 29
shall be destroyed or given to the employee; provided further, that any material transferred to the 30
employee's personnel file shall be first shown to the employee. Disagreement by an employee with 31
any materials in the employee's file may be a matter to be pursued by the grievance procedure. Any 32
material not shown to an employee by the District shall not be allowed in any disciplinary action 33
against the employee. Information related to grievances and investigations will be maintained 34
separately from the employee's personnel file. 35
36
A mutually agreed upon evaluation form, Plan of Improvement Evaluation Tool and Plan of 37
Improvement form shall be attached to this Agreement for reference only. 38
39
Section 3.6.1. 40
In order for the District to be in compliance with the Americans with Disabilities Act (ADA) as 41
of July 26, 1992, the District shall maintain a medical information file for each classified 42
employee of the District which will be kept separate from the personnel file. Such file will 43
contain such sensitive information as immunization history, health related cards, leave sharing 44
information, and information on medical history, and/or medical releases, etc. This medical 45
information file will ensure confidentiality of sensitive information regarding the employee in 46
the event of a Federal and/or State audit. 47
48
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Section 3.6.2. 1
Union representatives shall be limited to PSE President, attorneys, PSE Board members, and 2
field representatives of PSE/SEIU 1948. Such authorized representatives shall have access to 3
personnel files of bargaining unit employees subject to the following procedures and 4
conditions: 5
6
1. Authorized Union representatives shall make a written request to the Human 7
Resource Department to review personnel files, performance evaluations, or other 8
official documents relating to employee relations matters. The request shall set 9
forth the specific reason for the request and such information shall directly relate 10
to and be necessary to assist the Union in the processing of grievances and 11
administering the Collective Bargaining Agreement. Such information shall be 12
provided for review by the District in a reasonable and timely manner, and the 13
District will disclose the information within ten (10) business days of the request, 14
unless a longer time is needed to compile the same in the event of an extraordinary 15
request, in which event disclosure will be made within a reasonable time. 16
17
2. Information of a highly personal or confidential nature will be exempt from 18
disclosure, but the Union representatives shall have reasonable access to all public 19
records not protected from disclosure by the provisions of the Public Records Act, 20
RCW 42.56. 21
22
3. In the event of a disagreement over which documents may be disclosed, the 23
arbitrator or hearing examiner will review the material in question and will render 24
a decision prior to the hearing. 25
26
Section 3.7. 27
The primary purpose of video cameras is to maintain student discipline and safety. Video shall not be 28
used for job performance evaluations and will only be used during investigations for reported 29
allegations of misconduct. Employees and their authorized union representatives will be allowed to 30
review the tape(s) of video camera(s) when there is an issue of student or employee misconduct. The 31
employee’s permission will be obtained before tapes are used for training purposes. As per 32
RCW 9.73.030, no private conversation will be audio recorded without the consent of all parties 33
present in the private conversation. 34
35
36
37
ARTICLE IV 38
39
RIGHTS OF THE ASSOCIATION 40
41
Section 4.1. 42
The Association has the right and responsibility to represent the interests of all employees in the unit; 43
to present its views to the District on matters of concern, either orally or in writing; to consult or be 44
consulted with respect to the formulation, development, and implementation of personnel policies and 45
practices which are within the authority of the District; and to enter collective negotiations with the 46
objective of reaching an agreement applicable to all employees within the unit. 47
48
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Section 4.2. 1
The Association shall be notified by the District of any grievances or disciplinary action of any 2
employee subject to the provisions of this Agreement in accordance with the provisions of the 3
Discharge and Grievance Procedure Articles contained herein. The Association is entitled to have an 4
observer at hearings conducted by any District official or body arising out of grievance and to make 5
known the Association's views concerning the case, provided that an observer for the Association may 6
attend such hearings only with the permission of the affected employee. 7
8
Section 4.3. 9
The District, as part of the general orientation of each new employee subject to the provisions of this 10
Agreement, shall provide such employee with a copy of this Agreement, as well as a Membership and 11
Dues Deduction/Checkoff Authorization form to be furnished to the District by the local Association. 12
13
Bi-weekly notification will be given to the Association of all new hires, including their location and 14
work hours. In the first 90 days of the employee’s start date, the association may schedule a 30 (thirty) 15
minute meeting with the newly hired employee during the newly hired employee’s work day at the 16
newly hired employee’s work location. No newly hired employee may be mandated to attend this 17
meeting. The newly hired employee must notify their administrator of the date and time of the meeting 18
with 48-hour notice to ensure coverage for their position, as needed, for the 30 (thirty) minute meeting. 19
20
Section 4.3.1. 21
Upon request, the District shall make available to the President of the Association or his/her 22
designee, the names of all employees in their respective job classifications. 23
24
Section 4.3.2. 25
The District and the Association recognize the necessity of working together to maintain the 26
integrity of the bargaining unit. To enable the Association to police bargaining unit 27
membership, the District agrees to compile a monthly report and forward it, by the end of each 28
month, to Public School Employees of Washington/SEIU Local 1948. The report will contain 29
information agreed upon by the parties. 30
31
Section 4.4. 32
The Association reserves and retains the right to delegate any right or duty contained herein to 33
appropriate officials of the Public School Employees of Washington/SEIU Local 1948. 34
35
Section 4.4.1. 36
Whenever any representatives of the Association or any employees are mutually scheduled by 37
the parties to participate in grievance proceedings, conferences or meetings, they shall be paid 38
by the District their appropriate rate of pay if such meetings are scheduled during their regular 39
shifts. 40
41
Section 4.5. 42
The President of the Association and his/her designated representatives will be provided time off 43
without loss of pay to a maximum of six (6) workdays per year to attend regional or State meetings 44
when the purpose of those meetings is in the best interest of the District as determined by the District 45
administration. The Association agrees to indemnify and hold harmless the District with respect to any 46
litigation and/or damages which arise out of the operation and implementation of this provision. 47
48
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Section 4.5.1. 1
The President of the Association and/or his/her designated representatives shall have release 2
time, four (4) workdays per month, noncumulative, from regularly assigned duties for 3
Association business with no loss in pay (for bus drivers see Section 8.1.1.1. for calculation of 4
pay during release). The Association shall reimburse the District for salary and payroll costs of 5
the President and/or his/her designated representatives for the release time on a prorated basis. 6
7
Section 4.5.2. 8
For leave taken under Section 4.5. or 4.5.1., advance notice of five (5) business days or more 9
will be given, except in cases where that time frame is impossible, then as much advance notice 10
as possible shall be given. Approval by the manager must be given before such leave is taken to 11
ensure the workload can be met. 12
13
Section 4.6. 14
Visitation rights, within reason, shall be granted to the designated representative of the Public School 15
Employees of Washington/SEIU Local 1948 to visit with employees in the appropriate bargaining 16
units for purposes of grievance procedures and/or general information data. The visiting delegate shall 17
notify the Human Resource Department and manager/supervisor of the department/building being 18
visited prior to or upon arrival. 19
20
Section 4.7. 21
The District shall provide bulletin board space in each school for use of the Association. The bulletins 22
posted by the Association are the responsibility of the officials of the Association. Each bulletin shall 23
be signed by the Association official responsible for its posting. Unsigned notices or bulletins may not 24
be posted. There shall be no other distribution or posting by employees or the Association of 25
pamphlets, advertising, political matters, notices of any kind, or literature on District property, other 26
than herein provided. The District reserves the right to post notices, announcements, etc., which are of 27
interest and concern to Association members. 28
29
Section 4.7.1. 30
The responsibility for the prompt removal of notices from the bulletin boards after they have 31
served their purpose shall rest with the individual who posted such notices. 32
33
Section 4.8. 34
The Association and its representatives may use the employee mailboxes to communicate to classified 35
employees. This shall include freedom from any censorship or screening by the District 36
representatives prior to distribution. The Association may use District school buildings for meetings 37
and to transact official business on school property at all reasonable times, provided that this shall not 38
interfere with nor interrupt normal school operations or other scheduled building activities as 39
determined by checking with the Principal/designee and Building Rentals. Electronic mail may be 40
used by the Union during non-duty time for the lifetime of the contract, but this right shall expire as of 41
the end of the contract and shall not constitute the status quo. 42
43
Section 4.8.1. 44
Each building shall provide a mailbox labeled for PSE use in internal communications. 45
46
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Section 4.9. 1
Billing Procedures to follow when The Association President Misses Work to Attend an Arbitration 2
Hearing, or Presidential Release Time, and/or when an Employee Misses Work to Appear as a Witness 3
in an Arbitration Hearing. 4
5
A. President 6
7
Following the employee’s absence, forward the following information to the Human 8
Resource Department. 9
10
1. Name of the president and work site location. 11
12
2. Indicate name of arbitration to be attended and date. This same process is to 13
be used if the absence is for a regular presidential release day. 14
15
3. Number of hours to be missed from work. (Note: if the hours missed are 16
different than what was originally given, please notify Human Resource 17
Department of the discrepancy by the day following the arbitration or release 18
day. Please see Item C.) 19
20
4. Billing Information 21
Name of President 22
Evergreen PSE Chapter 23
Appropriate Address As Specified By President 24
25
B. Other Employees 26
27
If an employee is selected to appear as a witness on behalf of PSE, notification shall be 28
provided within five (5) business days to the Human Resource Department and the 29
employee’s immediate supervisor. The information provided should contain the 30
following. 31
32
1. The name(s) of the employee(s) whose wages are subject to 33
reimbursement by the Association and work site location. 34
35
2. Name of the attorney representing PSE. 36
37
3. Date of the arbitration. 38
39
4. Number of hours to be missed from work. (Note: if the hours missed are 40
different than what was originally given, please notify the Human 41
Resource Department of the discrepancy by the day following the 42
arbitration. Please see Item C.) 43
44
5. Billing Information 45
(Name of Attorney) 46
Public School Employees of Washington/SEIU Local 1948 47
PO Box 798 48
Auburn, WA 98071-0798 49
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C. Additional Provisions 1
2
If PSE does not forward the above information within the stated timelines (without 3
advance notice), the employee’s leave or pay may be docked for hours missed while 4
absent from work, and PSE will reimburse the employee(s). 5
6
Section 4.10. 7
The district will provide a quarterly list of all current Public School Employee bargaining unit 8
employees, including bargaining unit substitutes and such list will be provided to the PSE field 9
representative. 10
11
12
13
ARTICLE V 14
15
APPROPRIATE MATTERS FOR CONSULTATION AND NEGOTIATION 16
17
Section 5.1. 18
The parties agree that it has been and will continue to be in their mutual interest and purpose to 19
promote systematic and effective employee-management cooperation; to confer and negotiate in good 20
faith with respect to grievance procedures and collective negotiations on personnel matters including 21
wages, hours and working conditions; promote effective methods for prompt adjustment of differences, 22
and to promote full and reasonable employee participation in such personnel areas as are within the 23
jurisdiction of the employer. 24
25
Section 5.2. 26
The Association will, upon request, be advised of current and predicted workload information. 27
28
Section 5.3. 29
The District will provide an opportunity for Association representatives to meet with representatives of 30
the other unions to give input and prepare recommendations to the Superintendent concerning the 31
setting of the school calendar. After the school calendar is adopted, the District will bargain over any 32
changes in the school calendar that would affect members of this bargaining unit. 33
34
35
36
ARTICLE VI 37
38
ASSOCIATION REPRESENTATION 39
40
Section 6.1. 41
The Association will designate a labor relations committee of up to fourteen (14) members who will 42
meet with the Superintendent of the District or his/her designated representatives on a mutually 43
agreeable regular basis to discuss appropriate matters. Concerns must be discussed with the immediate 44
supervisor before being presented by the labor relations committee. The District and Association shall 45
present an agenda to each other of those items to be discussed at least five (5) business days prior to 46
the meeting. 47
48
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Section 6.1.1. 1
The Association shall have the right to take minutes during this meeting and shall arrange for 2
the preparation of such minutes, and a draft of such minutes will be made available to the 3
District for their review prior to the final preparation. 4
5
Section 6.2. 6
The Association representatives shall represent the Association and employees in meeting with 7
officials of the District to discuss appropriate matters of mutual interest. They may receive and 8
investigate to conclusion complaints or grievances of employees on District time and thereafter advise 9
employees of rights and procedures outlined in this Agreement and applicable regulations or directives 10
for resolving the grievances or complaints. They may not, however, continue to advise the employee 11
on courses of action after the employee has indicated that he/she does not desire to pursue a grievance. 12
This does not, however, preclude the Association's right to pursue the matter to conclusion. They may 13
consult with the District on complaints without a grievance being made by an individual employee. 14
15
Section 6.2.1. 16
Whenever possible, meetings will be scheduled after the employee's work shift. If, however, a 17
mutually scheduled meeting is necessary during an employee's work shift, the employee shall 18
first notify his/her immediate supervisor before scheduling a meeting as per Section 6.2. The 19
employee(s) will report their return to work to their supervisors. 20
21
22
23
ARTICLE VII 24
25
HOURS OF WORK AND OVERTIME 26
27
Section 7.1. 28
Each employee shall be assigned to a definite shift with designated times of beginning and ending, 29
which shall not be changed without two (2) calendar weeks prior notice to the employee, or unless 30
required by an emergency or where overtime is necessary. The District shall have the right to establish 31
work schedules and starting times. 32
33
Section 7.1.1. Data Time. 34
Employees who are required to perform service, other than direct service to students, may bring 35
to the immediate supervisor’s and administrator’s attention needs for the structuring of their 36
assignment to allow for time for such tasks. If all parties agree, the administrator will approve 37
a modified schedule. 38
39
Section 7.2. 40
The work week shall consist of five (5) consecutive days, Monday through Friday, followed by two (2) 41
consecutive days of rest, Saturday and Sunday. For pay purposes only, the work week shall be 42
considered Sunday through Saturday. Employees are eligible for double pay for work on Sunday 43
under the following conditions: 44
45
1. The employee is in a job classification other than bus driver. 46
47
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2. The employee is required to work on Sunday after having worked the previous day 1
(Saturday) (i.e., unresolved work order/service ticket that spills over into Sunday). 2
3
3. Double time is for any time worked in excess of forty-eight (48) hours in that Monday 4
through Sunday period. 5
6
Section 7.3. 7
Work shifts which are more than five (5) consecutive hours shall be designated a lunch period of thirty 8
(30) minutes to one (1) hour which shall not be counted for pay purposes. Lunch periods shall be free 9
from interruptions and shall be given as near the middle of the work shift as is practicable. 10
11
The regular workday shall include one (1) fifteen (15) minute rest period for each continuous four (4) 12
hour period of work, excluding school bus drivers. In the event an employee is assigned to a work 13
period less than four (4) hours, but at least three (3) hours, the employee shall be given a rest period of 14
not less than ten (10) minutes, on the employer's time. For work periods of less than three (3) hours, 15
no break is required. Where the nature of the work allows employees to take intermittent rest periods 16
equivalent to the required breaks, rest periods are not required. 17
18
Section 7.3.1. 19
Employees required to work through their regular lunch periods will be given time to eat at a 20
time agreed upon by the employee and supervisor. In the event the District requires an 21
employee to forego a lunch period and the employee works the entire shift, including the lunch 22
period, the employee shall be compensated for the foregone lunch period at overtime rates (if 23
overtime is applicable), excluding school bus drivers. 24
25
Section 7.3.2. 26
When an employee is assigned to work a schedule of four (4) hours or more and at least four 27
(4) hours of the shift are worked before 7:30 a.m. or after 3:30 p.m., the employee is entitled to 28
shift differential pay for those hours worked prior to 7:30 a.m. or after 3:30 p.m. This shift 29
differential is one dollar ($1.00) per hour to those employees, excluding stadium supervisors 30
and alternate schedule employees (see Section 7.8.2). 31
32
Section 7.3.3. 33
Tuesday through Saturday Work Week for Mechanics. A Tuesday through Saturday work 34
week will be in effect for mechanics during the months of September through June. The 35
transportation department will seek at least two (2) volunteers to work the Tuesday through 36
Saturday work week prior to the beginning of the new school year. If there are no volunteers, 37
employees will be assigned by the Transportation Director. All assignments to a Tuesday 38
through Saturday work week will be done by seniority in compliance with Article X of this 39
Agreement. Saturday shift hours will be from 8:30 a.m. to 5:00 p.m., including one-half (½) 40
hour for lunch, which will not be counted for pay purposes. Employees who work swing shift 41
on Tuesday through Friday and who also work the Saturday shift will continue to be paid the 42
swing shift differential pay for the Saturday consistent with their Tuesday through Friday shift. 43
Employees who work the Tuesday through Saturday work week will revert back to the Monday 44
through Friday work week during the weeks of Thanksgiving Break and Winter Break. 45
Employees working Tuesday through Saturday will have their Monday holidays (including 46
New Years’ Day if on a Monday) observed on the following day (Tuesday). 47
48
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7.3.4. On Call Maintenance Emergencies. 1
A maintenance employee who is assigned to be on-call after hours will receive a $250 stipend 2
per week and will not receive additional compensation for handling phone or radio calls during 3
the on-call period, unless the on-call employee is required to physically report to a District site, 4
in which case the on-call employee will receive call back pay in accordance with section 7.9. 5
6
7.3.5. On Call Employees. 7
Campus security and mechanics who are assigned to be on-call after hours will receive a $150 8
stipend per week and will not receive additional compensation for handling phone or radio calls 9
during the on-call period, unless the on-call employee is required to physically report to a 10
District site, in which case the on-call employee will receive call back pay in accordance with 11
Section 7.9. 12
13
Section 7.4. School Closure/Inclement Weather. 14
In the event of an unusual district and/or school closure, including late start or early release, due to 15
inclement weather, plant nonoperation or the like, the District will make every effort to notify each 16
employee to refrain from coming to work. 17
18
Employees reporting to work shall receive a minimum of one (1) hour's pay at base rate in the event of 19
such a closure; provided, however, no employee shall be entitled to any such compensation in the 20
event he/she has been actually notified by the District of the closure prior to leaving home for work. 21
Documented attempts to reach the employee at the telephone number on record, Flash Alert, District 22
Website, District Social Media accounts and/or radio announcements on designated radio station(s) 23
shall constitute proper notice. In closure situations other than inclement weather, adequate notice will 24
consist of a documented phone call. Twelve (12) month employees may use emergency leave, 25
personal leave, vacation, accumulated compensatory time, or make other arrangements with their 26
immediate supervisor in order to make up for all lost work hours. The work calendar of less than 27
twelve (12) month employees will be adjusted to make up for all lost work hours. With approval from 28
their immediate supervisor, the employee may use accumulated compensatory time or make other 29
arrangements to make up for all lost work hours. 30
31
Section 7.4.1. 32
On late-start or early dismissal days, unrelated to inclement weather, classified personnel shall 33
work their assigned schedule and perform duties consistent with their regular rate of pay. If 34
requested by the employee and approved in advance, unpaid leave may be granted to allow an 35
employee to work only those hours of their assigned schedule that students are present without 36
the employee being required to exhaust all paid leave (Section 9.5). 37
38
Section 7.4.2. 39
It is the responsibility of each employee to keep the Human Resource Department and 40
appropriate department head informed of his/her current telephone number and address. 41
Address and/or telephone updates must be filed with the Human Resource Department and 42
completed by the employee through Employee Access as soon after a change as is practicable. 43
44
Section 7.5. 45
Regular full-time employees and regular part-time employees who are requested to work a shift 46
regularly filled by an employee in a higher pay range shall receive compensation on the higher pay 47
range (longevity is not included) at the step closest to, but not lower than, his/her current rate. Regular 48
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full-time employees and regular part-time employees who are requested and choose to work added 1
shifts in jobs on a lower pay range (longevity is not included) shall receive compensation from the 2
lower pay range at the step closest to, but not higher than, his/her current rate. Employees required to 3
work added shifts in lesser classifications shall be compensated at their regular rate of pay. 4
(Note: Requested provides the option of refusal without reprisal. Required implies there is no choice 5
for the employee to turn down the job.) 6
7
Section 7.6. 8
District agrees to regular rate of pay for all mandatory training and in-service meetings. All voluntary 9
meetings or training may be on employee’s own unpaid time. Any position requiring a current CPR 10
and First Aid card or ASE (Automotive Service of Excellence) shall be so noted on the individual job 11
description. The District will provide an opportunity, at least once per year, for those members to take 12
the training necessary to retain a valid CPR and First Aid card or ASE (Automotive Service of 13
Excellence), on paid work time, and will pay the normal and customary fees for the cost of the card. In 14
addition, there will be no charge to the employee for this training provided by the District. 15
16
Section 7.6.1. 17
When mandatory training is provided by the District and offered in a District location, that is 18
where all employees shall be expected to take the training. Training may be taken at another 19
location if pre-arranged or in an emergency. 20
21
Section 7.6.1.2. 22
In addition to their assigned work schedule, special education paraeducators will be 23
provided an additional ten (10) paid hours per school year for District approved training 24
and an additional five (5) paid hours per school year for collaborative planning. 25
Collaborative planning requests initiated by the paraeducator may be pre-approved by a 26
supervisor or administrator, up to their five (5) paid hours, with less than 48 hours’ 27
notice. Dates and times for trainings and collaborative planning meetings will be 28
provided as far in advance as possible with a minimum of 48 hours’ notice. 29
30
Section 7.6.1.3. 31
All remaining (non-special education) paraeducators will be provided an additional 32
three (3) paid hours per school year for District approved de-escalation training. 33
34
Section 7.7. 35
Employees shall be allowed to attend PSE meetings held at or after 5:00 pm, provided that they shall 36
be absent from their building no more than ninety (90) minutes total per month and provided further 37
that they shall work their full regularly assigned time. 38
39
Section 7.8. 40
Overtime assignments shall be distributed in accordance with the seniority provisions; i.e., the most 41
senior employee in the building/department, or in the specialty area, hereinafter provided. The District 42
agrees to provide employees with as much advance notice of overtime requirements as is practicable in 43
the circumstances. 44
45
46
47
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Section 7.8.1. 1
Hours worked in excess of eight (8) hours per day or forty (40) hours per work week shall be 2
compensated at the rate of one and one-half (1½) times the employee's base hourly rate, except 3
employees working an alternate schedule as described in Section 7.8.2 and bus drivers. 4
Employees working an alternate schedule shall be compensated at the rate of one and one-half 5
(1½) times the employee’s base hourly rate for hours worked in excess of ten (10) per day or 6
forty (40) per work week. Bus drivers shall be compensated at one and one-half (1½) times 7
their base hourly rate for hours worked in excess of forty (40) per work week. Bus drivers shall 8
be compensated at twice their base hourly rate for hours worked in excess of forty-eight (48) 9
per work week. Employees, other than bus drivers, who work in excess of twelve (12) hours 10
per day or forty-eight (48) hours per week shall be compensated at twice the employee's base 11
hourly rate. Drivers shall not be exempted from regular route packs on the basis of overtime 12
liability. 13
14
If an employee works over eight (8) hours in one (1) day, but if it is two (2) separate jobs, the 15
overtime rule does not apply. Overtime shall only apply if the combination of jobs runs into 16
over forty (40) hours worked per week or if an employee works over eight (8) hours in one (1) 17
day doing the same job. 18
19
Section 7.8.2. 20
Upon advanced written approval of the designated administrator, employees may choose to 21
take time worked beyond eight (8) hours per day or forty (40) hours per week as compensatory 22
time. An exception to this rule will be for those employees working an alternate schedule of 23
four (4) days per week, ten (10) hours per day. Those employees shall be eligible to earn 24
compensatory time only if they work beyond ten (10) hours per day or forty (40) hours per 25
week. Compensatory time shall be one and one-half (1½) hours for each hour worked and 26
Policy and Procedure 5231 rules apply. Compensatory time shall be taken at a time 27
preapproved by the supervisor after compensatory time is earned. 28
29
Accumulation of compensatory time shall be recorded on a Compensatory Time Log that will 30
be turned in with the employee’s monthly timesheet. Any outstanding hours are to be turned 31
into the Human Resource Department with the employee’s June timesheet for accounting 32
purposes. If compensatory log is not submitted with the employee’s June timesheet the 33
employee will forego all outstanding compensatory hours. 34
35
Section 7.9. 36
All employees called for special service shall receive no less than one (1) hour per call out at the rate 37
of one and one-half (1½) times the employee's base hourly rate. Special service shall be defined as any 38
work other than the normal work shift or workday, noncontiguous with the normal work shift or 39
workday. 40
41
42
43
44
45
46
47
48
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ARTICLE VIII 1
2
HOLIDAYS AND VACATIONS 3
4
Section 8.1. 5
*Employees shall receive any of the following paid holidays that fall during their regular work 6
schedule(s). 7
8
A. Whenever any of the following holidays fall upon Saturday or Sunday, the Superintendent 9
shall designate the day to be observed as the holiday. 10
11
B. Employees who work less than a five (5) day regular work week shall receive a paid day 12
only if the holiday, as observed, falls on a day of the week the employee would normally 13
work. (Example #1--If an employee works a specific shift on Tuesdays and Thursdays 14
only, that employee would be paid for observed holidays that fall on Tuesdays or 15
Thursdays within that employee’s regular work schedule.) (Example #2--An employee 16
who works Monday through Thursday would not receive pay for Christmas Day when the 17
holiday falls on Saturday and therefore is observed on Friday, but would receive holiday 18
pay when Christmas Day falls on Sunday and is observed on Monday.) 19
20
C. To be eligible for holiday pay, the employee must also meet the criteria in Section 8.1.1. 21
22
D. Employees working an alternate schedule of four (4), ten (10) hour days, shall revert back 23
to a five (5) day work schedule (eight (8) hour days) during weeks where there is an 24
observed holiday. 25
26
E. Employees with Tuesday through Saturday work weeks, see Section 7.3.3. 27
28
*The regular work schedule does not include extra days, special workshops, inservice training, or 29
extended year programs (including summer school). The exception would be for summer posted 30
positions (including summer transportation routes and trips). See Section 21.4. 31
32
1. New Year's Day 8. Veterans' Day 33
2. Martin Luther King Day 9. Thanksgiving Day 34
3. President's Day 10. Native American Heritage Day 35
4. Memorial Day 11. Day before Christmas 36
5. Juneteenth 12. Christmas Day 37
6. Independence Day 38
7. Labor Day 39
40
Section 8.1.1. Unworked Holidays. 41
Eligible employees shall receive pay equal to their normal work shift at their base rate in effect 42
at the time the holiday occurs; provided they have compensated hours to cover their regular 43
shift(s) on both sides of the holiday. Winter-break holidays shall be paid provided employees 44
have compensated hours to cover their regular shift(s) the day before and the day after the 45
break. Bus drivers and stadium supervisors shall receive pay equal to the average of all their 46
compensated hours in these two (2) positions only during the payroll cutoff periods in which a 47
holiday falls. 48
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Section 8.1.1.1. Clarification Regarding Bus Driver Holiday Pay & Bus Driver 1
Union Release Time. 2
The transportation payroll clerk will apply Section 8.1.1 for bus drivers as follows: total 3
compensated hours divided by total number of weekdays (M-F) in the pay period; not to 4
go below the bid hours for the route pack or above eight (8) hours. The previous 5
months’ total compensated hour average for the current month’s holiday or union 6
release time, except for September (Labor Day, if eligible), will be the route pack hours. 7
The office will make adjustments for the Labor Day holiday on the last working day of 8
the next payroll period. This section is only a clarification and is not meant to change 9
the wording or meaning of Section 8.1.1. 10
11
Section 8.1.2. Worked Holidays. 12
Employees who are requested by their supervisor to work on the above observed holidays shall 13
receive the pay due them for the holiday, plus two (2) times their base rate for all hours worked 14
on such holidays. 15
16
Section 8.1.3. Holidays During Vacation. 17
Should a holiday occur while an employee is on vacation, the employee shall be allowed to 18
take one extra day of vacation with pay in lieu of the holiday as such. 19
20
Section 8.2. Vacations. 21
All twelve (12) month, full-time employees shall receive prorated vacation. Such vacations shall be 22
earned, vested and used as designated in this Article. 23
24
Section 8.2.1. 25
The vacation credit to which an employee shall be entitled shall be computed in accordance 26
with the following rules. 27
28
Section 8.2.1.1. 29
For one (1) year of service in accordance with Section 8.2, the employee shall receive 30
seven (7) days of paid vacation during the first year of work. 31
32
Section 8.2.1.2. 33
For two (2) and up to and including five (5) years of service, the employee shall receive 34
fourteen (14) days of paid vacation. 35
36
Section 8.2.1.3. 37
For six (6) years of service the employee shall receive fifteen (15) days of paid 38
vacation. 39
40
Section 8.2.1.4. 41
For seven (7) years of service, the employee shall receive sixteen (16) days of paid 42
vacation. 43
44
Section 8.2.1.5. 45
For eight (8) years of service, the employee shall receive seventeen (17) days of paid 46
vacation. 47
48
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Section 8.2.1.6. 1
For nine (9) years of service, the employee shall receive eighteen (18) days of paid 2
vacation. 3
4
Section 8.2.1.7. 5
For ten (10) years of service, the employee shall receive twenty (20) days of paid 6
vacation. 7
8
Section 8.2.1.8. 9
For twenty (20) years of service, the employee shall receive twenty-five (25) days of 10
paid vacation. 11
12
Section 8.2.2. 13
It is mutually agreed that vacations shall be scheduled at the request of the employee in 14
accordance with the seniority provisions, i.e., the most senior in the building/department, when 15
District work requirements preclude employees from taking vacations simultaneously. 16
Vacation times shall be arranged upon written request to the immediate Supervisor and when 17
both the employee and Supervisor agree. 18
19
Section 8.2.3. 20
Employees may not receive pay in lieu of vacation days. Employees who separate from 21
employment or who transfer to a non-vacation eligible position shall be paid for accrued 22
vacation, up to the maximum accrual of thirty (30) days allowed under state statute, at their 23
present rate of pay. 24
25
26
27
ARTICLE IX 28
29
LEAVES 30
31
Section 9.1. Sick/Emergency Leave. 32
All full-time, 12-month, 8-hour classified employees earn one (1) day of sick/emergency leave per 33
month. Full-time, 12-month, 8-hour classified employees hired after September 1 shall receive 34
prorated sick/emergency leave allowance based on one (1) full day per month. 35
36
Those employees who are contracted for the school year in less than full-time positions as described 37
above, shall receive prorated sick/emergency leave which shall be paid on the basis of base hourly 38
rates applicable to the employee's daily work shift. 39
40
Sick leave may be used for maternity, illness, injury, doctor, dental or vision appointments, emergency, 41
and other reasons mandated by state and federal statutes. Employees who are excluded from work due 42
to health department regulations regarding epidemics may use accrued leave for such absences only if 43
and when: 44
45
A. The employee produces verification from a doctor that immunization for the current 46
outbreak would pose an unacceptable health risk for the employee and that no verification 47
of prior immunization can be obtained; and 48
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B. The employee produces verification that the titer test has been taken. 1
2
Absences must be entered into the absence management system and as directed by supervisor. 3
4
Section 9.1.1. Emergency Leave. 5
An emergency, for the purposes of this leave, is an unexpected situation or sudden occurrence 6
of a serious or urgent nature that demands the employee’s immediate attention involving the 7
employee, the employee's spouse, the employee's parent, the employee's children, or a 8
dependent who is living with the employee (whom they have custody). Use of emergency leave 9
shall be charged against the employee’s accumulated sick leave. Before, or, if necessary, 10
immediately upon return, the employee shall initiate a discussion with their immediate 11
supervisor (building principal/management supervisor or their designee) regarding eligibility 12
for emergency leave. The employee’s immediate supervisor shall determine if the situation 13
constitutes an emergency at the time of the employee’s request. 14
15
Examples of acceptable emergency leave include but are not limited to: 16
Personal disasters. 17
Natural Disaster. 18
Required court appearances for divorce proceedings, custody issues, and other 19
subpoenas -- documentation and explanation submitted with monthly time sheet. 20
Funerals and/or events surrounding the death of a family member or friend not eligible 21
under bereavement leave; provided, that use of sick leave/emergency leave for this 22
purpose shall be limited to a maximum of five (5) occurrences totaling no more than 23
five (5) days in the employee’s work year. The employee shall note the use of 24
emergency leave for bereavement purposes on their regular monthly timesheet. If 25
additional time is necessary, the employee may request unpaid leave. 26
27
Section 9.1.2. 28
Each employee's portion of unused sick/emergency leave allowance shall accumulate from year 29
to year. An up-to-date balance of sick leave hours is available through District online system 30
(i.e. Employee Access). Employees who have accrued sick leave while employed with a public 31
school district, educational agency, or institute of higher learning in the State of Washington 32
shall be given credit for such accrued sick leave upon employment with the District. It shall be 33
the responsibility of the new employee to ensure that the Human Resource Department receives 34
official notification from the former District of any sick leave balance at the time of 35
resignation. 36
37
Section 9.1.3. 38
Employees shall be required to furnish proof by their physician of illnesses requiring absence 39
of five (5) consecutive days or more. When an employee will be absent from work, he/she 40
shall give notice to the building principal or person designated by the building to receive such 41
notice as early as possible. If the absence may be for consecutive days, the District shall be 42
notified, in writing, of the probable date of return. The employee is expected to keep the 43
District apprised of his/her intent. 44
45
46
47
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Section 9.1.4. State Family Care Act. 1
The District shall allow an employee to use a choice of his/her accrued sick leave or other paid 2
leave to care for a child of the employee under the age of eighteen (18) with a health condition 3
that requires treatment or supervision, a child of the employee who is over the age of eighteen 4
(18) who is incapable of self-care, or a grandchild who is a dependent of and living with the 5
employee if the dependent is under the age of eighteen (18) with a health condition that 6
requires treatment or supervision; or a spouse, parent, parent-in-law, or grandparent of the 7
employee who has a serious health condition or an emergency condition. The definitions of the 8
family relationships are spelled out in RCW 49.12.265. An employee may not take advance 9
leave until it has been earned. The District shall not discharge, threaten to discharge, demote, 10
suspend, discipline or otherwise discriminate against an employee who uses this leave. 11
12
Section 9.1.5. 13
Pursuant to the provisions of RCW 28A.400.210, each January following any year in which an 14
eligible employee has accrued a minimum of sixty (60) days of sick leave, he/she may exercise 15
an option to receive payment for unused sick leave that was accrued in the previous year 16
(January through December) at a rate equal to one (1) day’s current monetary compensation for 17
each four (4) full days accrued sick leave in excess of sixty (60) days. 18
19
Section 9.1.5.1. 20
At the time of separation from employment, retirement, or death, an eligible employee 21
or the employee’s estate, may exercise an option to receive payment at a rate equal to 22
one (1) day’s current monetary compensation of the employee for each four (4) full 23
days accrued sick leave up to a maximum one hundred-eighty (180) days. 24
25
Section 9.2. Sick Leave Covered By Industrial Insurance. 26
Employees who are absent for reasons covered by industrial insurance shall be paid an amount equal to 27
the difference between the amount paid the employee by the industrial insurance carrier and the 28
amount the employee would normally earn; provided the employee wishes to draw from the 29
accumulated sick leave during such an absence. A deduction shall be made from the employee’s 30
accumulated sick leave in accordance with the amount paid to the employee by the District. 31
32
When applicable, vacation leave may be used to supplement worker’s compensation benefits only after 33
all sick leave has been exhausted. A written request to use such vacation leave must be submitted in 34
writing to the Human Resource Department before the sick leave balance has been depleted. Vacation 35
leave will be deducted in full day blocks and will be used consecutively following the exhaustion of 36
the sick leave. 37
38
If an employee has used all of his/her accrued sick and vacation leave, he/she may, in accordance with 39
SEBB rules, elect continuation of coverage (COBRA) through the period of leave without pay. 40
41
If the employee chooses not to use sick leave, he/she shall not be entitled to use vacation leave. 42
43
Section 9.3. 44
The classified employee granted a leave of absence for a one (1) year period must confirm his/her 45
intention to return the next school year to the Human Resource Department, in writing, by no later than 46
March 15. The classified employee granted a leave of absence for a school year period will be 47
expected to remain on leave for the term granted; however, if the employee requests to come back 48
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before the term of leave is up, the District must give its mutual consent to do so. If the leave of 1
absence was granted for a period other than a school year period, written confirmation of the 2
employee's intention to return must be made to the Human Resource Department at least thirty (30) 3
working days prior to the expected date of return. 4
5
Section 9.3.1. 6
If an employee on a leave of absence accepts a new job, expands his/her hours of work in 7
another job that was held prior to the leave of absence, receives unemployment insurance, or 8
goes into business for himself/herself, his/her employment and all other seniority rights will be 9
automatically terminated. Human Resource administration will review requests for exceptions 10
in extraordinary circumstances, including situations where the leave is health related. 11
12
Section 9.3.2. 13
The employee on leave of absence shall retain accrued sick leave, vested vacation rights and 14
seniority rights. Vacation credits, sick leave and seniority rights shall not, however, 15
accumulate while the employee is on leave of absence. However, seniority shall continue to 16
accumulate on leaves that do not exceed three (3) months and on medical leaves not to exceed 17
one (1) year. 18
19
Section 9.4. Health Leave. 20
A classified employee whose physician certifies in writing that the employee is unable to perform job 21
related responsibilities because of personal illness or disability shall, upon reasonable notice and upon 22
approval of the proper administrative channels, be granted a leave of absence, for up to one (1) year 23
from the date the leave is granted. If an extended illness is involved, one (1) additional year may be 24
granted. Accumulated sick leave may be used for health leave, if desired. In the case of maternity, up 25
to thirty (30) workdays of sick leave may be used following birth or related complications. Additional 26
sick leave days may be used upon a doctor's order. This will require written verification by a doctor 27
that the employee is unable to work. If the employee does not have thirty (30) days of sick leave 28
available, unpaid leave may be granted (see Section 9.5). 29
30
Section 9.4.1. 31
The employee who is on a medical leave of absence for more than three (3) months shall 32
specify, in writing, the length of the anticipated leave. 33
34
Vacancies of three (3) months or more caused by leave of absence shall be posted and filled on 35
a temporary basis. The returning employee will be returned to the same position if it exists. 36
New employees hired to fill positions of employees on a leave of absence will be hired only for 37
a temporary specific period of time. The temporary employee will be eligible to receive 38
medical benefits only if he/she meets SEBB eligibility requirements. The new temporary 39
employee will be given a minimum of two (2) weeks’ notice when his/her temporary job will 40
end. 41
42
Section 9.4.2. 43
All returns from health leave are contingent on a written statement of release from the attending 44
physician regarding the individual's health. The employee must submit the written statement of 45
release from their attending physician to the Human Resource Department. The employee will 46
need clearance and approval from the Human Resource Department before returning to their 47
work site. 48
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Section 9.5. Unpaid Leaves. 1
Unpaid leaves may be requested by classified employees for hardship or an unforeseen situation. Each 2
request of this nature will be reviewed and granted only when they will not have an undesirable impact 3
upon the educational program or business operations. 4
5
Unpaid leave is not guaranteed and must receive preapproval through the Human Resource 6
Department. If unpaid leave is granted, all of the employee’s accrued vacation and personal leave will 7
be exhausted before any unpaid leave is allowable, except as stated in Section 9.2. 8
9
Section 9.6. Bereavement Leave. 10
Each classified employee shall be entitled to five (5) days with full pay for each occurrence in the 11
employee's family to be taken within sixty (60) calendar days of the death. Family shall be defined to 12
include the employee’s: mother, father, sister, brother, husband, wife, spouse equivalent, son, 13
daughter, step-son, step-daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-14
in-law, sister-in-law, grandchild, grandparent, stepfather, stepmother, aunt, uncle, niece, nephew or 15
anyone who is living with and considered part of the family. The employee shall inform his/her 16
immediate supervisor of his/her relationship to the deceased and note the relationship on his/her 17
regular monthly time sheet. No other documentation shall be required unless there is evidence of 18
possible misuse. Bereavement leave is non-cumulative and not deducted from other leaves. 19
Exceptions to the above timelines and relationships may be granted on a case-by-case basis at the 20
request of the Association made to HR, and will not set a precedent. 21
22
Section 9.7. Parental/Adoption Leave. 23
Two (2) days of parental/adoptive leave with full pay shall be allowed, upon written request to the 24
Human Resource Department, to be used in connection with the child's birth or adoption. Such leave 25
shall be noncumulative. One (1) additional day may be allowed provided the employee utilizes 26
accrued vacation/personal leave for the time. If no vacation/personal leave time is available, the 27
employee may take the time off with loss of pay. 28
29
Section 9.8. Military Leave. 30
Military leave of absence shall be granted to classified employees as required by law. Employees shall 31
notify their immediate supervisor of the intended military leave and a copy of the military orders shall 32
be submitted in advance of the leave to the Human Resource Department. 33
34
Section 9.9. Judicial Leave. 35
In the event an employee is summoned to serve as a juror or appear as a witness in Court on behalf of 36
the District, or is named as a co-defendant with the School District, he/she shall receive his/her normal 37
day's pay for each day he/she is required in Court. After completion of such service the employee will 38
provide a copy of the Certificate of Jury Service to the Payroll Department. The leave shall be recorded 39
on the appropriate monthly timesheet. 40
41
Section 9.9.1. 42
In the event a classified employee is a party in Court action, he/she may be granted a temporary 43
leave of absence without pay. 44
45
46
47
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Section 9.10. Personal Leave. 1
Twelve (12) month employees shall receive up to two (2) days personal leave per year with pay equal 2
to their normal daily wage based on their assigned schedule. Less than twelve (12) month employees 3
with less than five (5) full years of service shall receive up to two (2) days personal leave per year with 4
pay equal to their normal daily wage based on their assigned schedule. Less than twelve (12) month 5
employees with five (5) full years of service shall receive three (3) days personal leave per year with 6
pay equal to their normal daily wage based on their assigned schedule. Those employees working in 7
positions with less than one hundred (100) workdays per work year will be eligible for only one (1) 8
personal leave day per year. New hires who have less than one hundred (100) but more than sixty (60) 9
workdays remaining in their regular work schedule will be eligible for one (1) personal leave day. 10
Those new hires who have sixty (60) or fewer workdays remaining in their regular work schedule will 11
be ineligible for personal leave and personal leave buyback during the year in which they were hired. 12
Such leave shall be noncumulative, and shall be taken in one (1) hour increments or full day blocks, 13
and shall not be deducted from other leaves provided under this Article. Application for personal leave 14
shall be made to the employee’s immediate supervisor at least twenty-four (24) hours before taking 15
such leave. Upon written request via the Personal Leave Buyback form, employees with unused 16
personal leave days shall be compensated in August [average number of hours at their regular rate(s) of 17
pay]. The Buyback form must be in the Human Resource Department by the August cutoff date 18
(July 31) to be valid. 19
20
Section 9.10.1. 21
For bus drivers requesting personal leave buyback pursuant to Section 9.10, the last full pay 22
period will be used when calculating the August compensation. 23
24
Section 9.11. Religious Leave. 25
Per state law, each employee covered by this Agreement is entitled to two (2) unpaid days per year, if 26
no personal/vacation days are available, for a reason of faith or conscience or an organized activity 27
conducted under the auspices of a religious denomination, church, or religious organization unless 28
such leave will pose an undue hardship as set forth in WAC 82-56-020. 29
30
A request for such leave shall include a statement describing what religious day(s) is/are to be 31
observed and attesting to and providing documentary evidence that the basic tenets of the employee's 32
religious affiliation unequivocally require observance of the religious day(s) in such manner that 33
he/she cannot perform his/her employment duties on the day(s) requested. The employee must submit 34
his/her request to the building administrator a minimum of two (2) weeks in advance of the requested 35
time off. 36
37
Section 9.12. Leave Sharing. 38
Leave sharing shall be in accordance with the Washington State Leave Sharing Program as established 39
under Chapter 93, Laws of 1989, and Chapter 23, Laws of 1990, and as set forth in Chapter 41.04 40
RCW. An employee may apply for leave sharing provided he/she has met the following criteria as set 41
forth in District Policy 5406. 42
43
Section 9.13. Federal Family Medical Leave Act. 44
Leave Entitlement: Employees who have worked for the Evergreen Public Schools at least twelve (12) 45
months and at least 1,250 hours during the prior twelve (12) months may take up to twelve (12) weeks 46
of unpaid leave for the following reasons as set forth in District Policy 5404. 47
48
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1. For the birth of a child, and in order to care for the newborn child; 1
2. For the placement with the employee of a son or daughter for adoption or foster care; 2
3. To care for the employee's spouse, child, or parent who has a serious health condition; or 3
4. Inability of the employee to perform the functions of the employee's position due to a 4
serious health condition. 5
6
Twelve (12) weeks of unpaid leave shall start after all paid sick leave is exhausted. If the employee 7
chooses to use other paid leaves, the twelve (12) weeks of unpaid leave shall start after those paid 8
leaves are used. 9
10
When leave is based on a serious health condition (either the employee's or a family member's) the 11
written request must be supported by certification from a health care provider and provided in a timely 12
manner, generally fifteen (15) calendar days. Periodic recertification of the medical condition may be 13
required. Certification forms are available in personnel. 14
15
Section 9.14. Domestic Violence Leave. 16
The District will provide leave in accordance with RCW 49.76 passed in 2008 which allows victims of 17
domestic violence, sexual assault, or stalking to take reasonable leave from work to take care of legal 18
needs and obtain health care. Such leave will be without pay or with pay if paid leave is available, at 19
the employee’s discretion. Employees may also take reasonable leave to help a family member obtain 20
needed treatment or services. For this section, family members include a child, spouse, parent, parent-21
in-law, grandparent or person who the employee is dating. Documentation may be required by the 22
District pursuant to RCW 49.76.040. 23
24
Section 9.15. 25
Paid Family and Medical Leave (PFML) generally allows up to 12 weeks (more in some 26
circumstances) of paid leave per year provided the employee qualifies by having worked 820 hours or 27
more in the qualifying period. The qualifying period is the first four of the last five completed calendar 28
quarters starting from the day the employee intends to take leave. PFML applies to an employee’s own 29
health condition or to provide care for an eligible family member experiencing a qualifying health 30
condition. This leave is administered through the Employment Security Department. Employees will 31
pay for this program through mandatory payroll deductions. 32
33
Employees may not receive District paid leave concurrent with Paid Family and Medical Leave 34
benefits. Employees are required to submit verification of approval of Paid Family and Medical Leave 35
and coordinate dates of leave with Human Resources. The District is required to maintain health 36
insurance benefits during periods of approved PFML when there is at least one day of overlap with 37
FMLA. If an employee is not FMLA eligible and the employee has qualified for PFML through the 38
Employment Security Department, the District is required to maintain health insurance during periods 39
of approved PFML. Employees who have not yet met the SEBB hours requirement for medical benefit 40
eligibility or who are no longer anticipated to meet eligibility requirements and are on approved health 41
leave without pay may choose to continue their health insurance benefits by self-paying for 42
continuation coverage through Health Care Authority (COBRA). 43
44
The employees must provide notification of their intent to take leave. If an event is foreseeable, the 45
employee must provide 30 days’ notice. If the event is unforeseeable, the employee must provide 46
notice as soon as the need for leave is known. 47
48
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Leave Qualifiers: This benefit cannot be taken without a qualifying event and submission of a doctor’s 1
certification to the Employment Security Department. Leave events can be family or medical, for 2
example: 3
• Care and bond after a baby’s birth or the placement of a child younger than 18; 4
• Care for a family member experiencing an illness or medical event; 5
• Certain military-connected events. 6
7
SEBB eligibility rules and policies apply to employees on an approved leave of absence. 8
9
10
11
ARTICLE X 12
13
PROBATIONARY, SENIORITY, AND LAYOFF PROCEDURES 14
15
Section 10.1. 16
Seniority, as referenced herein, means seniority within the employee's current job classification or in 17
the case of layoff any job classification in which the employee has previously worked as a permanent 18
bargaining unit employee. Bargaining unit seniority rights begin on the employee's most recent first 19
day of regular (not substitute) employment within the bargaining unit, and classification seniority 20
begins on the most recent first day of regular (not substitute) employment in the specific job 21
classification. The seniority of an employee in the bargaining unit shall be established on the date the 22
employee began continuous daily employment (hereinafter "hire date") as approved by the Board of 23
Directors, unless such seniority shall be lost as hereinafter provided. 24
25
Section 10.1.1. Breaking of Seniority Ties. 26
The District provides a seniority list that ranks employees by their most recent hire date in their 27
current classification. 28
29
If two employees have the same hire date in their current classification, they are ranked 30
according to the following tiebreakers: 31
32
1. District hire date; 33
2. Oldest application date; 34
3. Alphabetical order of last name; 35
4. Alphabetical order of first name. 36
37
For bus drivers, ties will be broken based on the driver’s most recent placement on the 38
substitute list described in Section 19.10.1. 39
40
Section 10.2. 41
Each new hire shall remain in a probationary status for a period of up to eighty (80) working days 42
following the hire date as defined in Section 10.1. At the end of forty (40) working days, the 43
supervisor will conference with the employee about his/her job performance. A written evaluation will 44
be completed prior to the end of the eighty (80) working day probationary period. During the 45
probationary period, any employee may be discharged at the discretion of the District. 46
47
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During the probationary period, employees are not eligible to apply for another position until they have 1
successfully completed their probationary period. 2
3
Current employees who are awarded a new position must remain in the position for sixty (60) working 4
days and are not eligible to apply for another position until the sixty (60) days are completed. 5
6
Section 10.3. 7
A new hire employee will have full seniority rights effective with the hire date and will be subject to 8
applicable rights and duties contained in this Agreement. 9
10
Section 10.4. 11
The seniority rights of an employee shall be lost for the following reasons: 12
13
A. Resignation; 14
B. Discharge for any reason contained in this Agreement; 15
C. Retirement; or 16
D. Transfer out of the bargaining unit. 17
18
Section 10.5. 19
Seniority rights shall not be lost for the following reasons, without limitations: 20
21
A. Time lost by reason of industrial accident, industrial illness or jury duty; 22
B. Time on leave of absence granted for the purpose of serving in the Armed Forces of the 23
United States; 24
C. Authorized personal leaves not exceeding three (3) months; 25
D. Medical leaves not exceeding one (1) year. In the case of extended illness or injury, an 26
additional year may be granted; or 27
E. Time spent in layoff status. 28
29
Section 10.6. 30
Seniority rights shall be effective within the bargaining unit established in Article I of this Agreement 31
except as may hereinafter be provided. 32
33
Section 10.6.1. 34
For purposes of applying for new or open positions and layoffs, seniority rights shall be 35
effective within the general job classifications: Paraeducators, Service Workers, 36
Professional/Technical, Maintenance, Transportation, and Mechanics; provided, however, new 37
or open positions shall be filled by seniority subject to the provisions of this Article, within the 38
classification which the opening occurred; provided, further, if no one from that classification 39
applies for the job, consideration shall be given to all employees within the bargaining unit and 40
the position shall be filled by bargaining unit seniority subject to the provisions of this Article. 41
42
Section 10.6.1.2. Clarification Regarding New or Open Positions. 43
A new or open position is described as a position requiring the addition of personnel as 44
opposed to a program enhancement requiring the addition of hours in a building or titled 45
program. In the latter case, seniority will apply only within the building adding hours. 46
This section is for clarification of intent only and not intended to alter the general 47
seniority provisions of Article X. 48
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Section 10.6.2. 1
The employee with the earliest hire date shall have preferential rights regarding shift selection, 2
vacation periods, promotions and/or transfers to new or open positions, and layoffs, when 3
ability or performance are substantially equal with other candidates. If the District determines 4
that preferential requirements are not governed because another candidate possesses ability and 5
performance greater than a senior employee or employees, the employee not selected for 6
promotions or transfers may meet with the Chief Human Resource Officer to discuss the 7
reasons for the decision. Any grievance filed over this section, in a seniority bypass situation, 8
would begin at level three (3), and, if possible, the supervisor/manager in charge of the 9
selection decision would be present. 10
11
Section 10.7. 12
The District shall publicize the availability of new or open positions and their location as soon as is 13
practicable after the District has been apprised of the opening. New or open positions shall not be 14
filled by the District until interested applicants have had at least five (5) business days to apply. 15
16
Section 10.7.1. 17
The District shall, when job posting periods are up, provide the Association with access to 18
name, hire date, and classification information on the successful bidder and on all employees 19
who bid for the available time. 20
21
Section 10.7.2. 22
Any person who is hired into an unfilled position and who worked in the position for more than 23
thirty (30) consecutive workdays shall receive Step 1 wages on Schedule A for that category, 24
beginning with the 31st consecutive workday. 25
26
Section 10.8. Elimination of Permanent Position or Reduction of Permanent Work Hours. 27
In the event an employee’s permanent work hours are reduced to a level where the employee is no 28
longer eligible to receive insurance benefits, that employee may opt to either: 29
30
1. accept the reduction and remain in their current position; or 31
32
2. go into layoff status, in which case the employee will be placed on the reemployment list 33
under Section 10.9. Such employees have the right/responsibility to apply for any open 34
positions in which they are interested. 35
36
If an employee has multiple positions and one or more of those positions is reduced or eliminated 37
without a complete loss of hours, the employee will retain their remaining position(s) and will not be 38
considered to be in layoff status. 39
40
Section 10.8.1. Reductions in Force. 41
In the event a permanent position is eliminated, the most junior employee holding the same 42
permanent position, in the program (if applicable), in the building or department will be placed 43
in layoff status. In which case, the employee will be placed on the reemployment list under 44
section 10.9. 45
46
47
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Section 10.9. Layoff. 1
In the event of layoff, employees so affected are to be placed on a reemployment list maintained by the 2
District according to seniority within the classifications affected by such layoff. In the event that the 3
District re-establishes the layoff positions or makes additional classified positions available, such 4
employees who apply are to have priority over applicants from other classifications, substitute 5
employees, and applicants from outside the bargaining unit, by seniority if qualified, in filling any 6
opening within the classification(s) held prior to layoff. If performance or ability of an employee are a 7
concern, the requirement of Section 10.6.2. shall apply. Names shall remain on the reemployment list 8
for one (1) year. 9
10
Section 10.9.1. 11
Individuals whose names are on the reemployment list, who reject an offer with the District 12
which is substantially equal in hours [within one (1) hour of previous position unless the 13
position falls below four (4) hours] shall be removed from the reemployment list. Individuals 14
whose names are on the reemployment list, who elect to accept a position with the District 15
which is substantially less than the position previously held, if requested in writing within ten 16
(10) business days, shall remain an active name on the reemployment list. 17
18
Section 10.9.2. 19
An employee on layoff status shall file his address in writing with the Human Resource 20
Department of the District and shall thereafter promptly advise the District in writing of any 21
change of address. 22
23
Section 10.9.3. 24
All accrued benefits to which an employee was entitled at the time of layoff, including unused 25
accumulated sick leave, seniority, and longevity, will be restored to the employee upon return 26
to employment within one (1) year from the date of layoff. Seniority does not accrue while on 27
layoff status. 28
29
30
31
ARTICLE XI 32
33
DISCIPLINE AND DISCHARGE OF EMPLOYEES 34
35
Section 11.1. 36
The District shall have the right to discipline or discharge an employee for justifiable cause. The issue 37
of justifiable cause shall be resolved in accordance with the grievance procedure hereinafter provided. 38
If the District has reason to reprimand an employee, it shall be done in a manner which will not 39
embarrass the employee before other employees or the public. 40
41
Section 11.1.1. 42
Disciplinary actions by the District will follow a policy of progressive discipline unless the 43
severity or nature of the employee's behavior warrants more serious and immediate actions. 44
The progressive steps will normally be as follows: 45
46
1. Documented Warning 47
2. Written Reprimand 48
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3. Suspension 1
4. Discharge 2
3
Section 11.1.2. 4
If the District has reason to discipline or discharge an employee, the employee shall have the 5
right to have a union representative, officer, or trustee at the discipline proceedings. No 6
disciplinary action may result from a meeting between an employee and a supervisor unless an 7
opportunity for representation has been afforded. 8
9
10
11
ARTICLE XII 12
13
INSURANCE AND RETIREMENT 14
15
Section 12.1. 16
The District agrees to provide insurance benefits to employees through the School Employees’ 17
Benefits Board (SEBB). The District agrees to follow employee eligibility rules and provide funding 18
for all bargaining unit members and their dependents as required by State law, the State Operating 19
Budget, and the School Employees’ Benefits Board (SEBB). Inclusive of employer funding will be the 20
payment of the retiree carve-out for all eligible employees. 21
22
The District offered SEBB benefits include: 23
Medical Plans 24
Dental Plans 25
Vision Plans 26
Basic Long-term Disability 27
Basic Life and Accidental Death and Dismemberment Insurance (AD&D) 28
29
Employees are eligible to participate in the Medical Flexible Spending Arrangement (FSA) and 30
Dependent Care Assistance Program (DCAP) offered by the employer. Employees will also have the 31
option of enrolling in a Health Savings Account (HSA) and Limited Purpose Flexible Spending 32
Arrangement (LPFSA) when a qualifying High Deductible Health Plan (HDHP) is selected for their 33
medical insurance. In addition, employees will be able to utilize payroll deduction for any 34
supplemental insurance they choose to enroll in through SEBB (e.g., increased Life, AD&D, Long-35
term disability, etc.). 36
37
Section 12.1.1. 38
Employees eligible for medical benefits through SEBB are responsible for the employee 39
premium deduction of their medical plan choice. Employee premiums will be deducted through 40
payroll deduction and paid to the Health Care Authority in accordance with the amount due as 41
billed by the Health Care Authority. 42
43
Section 12.2. 44
The employer agrees to follow SEBB eligibility rules for employees who are anticipated to work the 45
minimum number of hours in a school year as defined by SEBB. Under SEBB rules, a school year 46
shall mean September 1 through August 31 and shall be referred to as the eligibility year. 47
48
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Section 12.3. 1
The District shall provide for participation in the Washington State Public Employees’ Retirement 2
System as required by State Law and Regulations and in accordance with Federal Law. The District 3
shall report all hours worked, whether straight time, overtime or otherwise. 4
5
Section 12.4. 6
Medical examinations and drug screens required as a condition of employment shall be paid by the 7
District (see District Administrative Procedure No. 5202P); provided, however, that the District will 8
designate a specific physician and clinic, or laboratory. The District will annually review and identify 9
the designated clinic. Department of Transportation (DOT) medical exams will be biennial or as 10
required by Federal Motor Carrier Safety regulations. Bus Drivers must also meet the State 11
requirements of WAC 392-144-102. 12
13
14
15
ARTICLE XIII 16
17
PROFESSIONAL DEVELOPMENT 18
19
Section 13.1. 20
In order to achieve individual competence and quality work performance, the District recognizes its 21
obligation to the professional development of the employee and agrees that each employee subject to 22
this Agreement shall be given adequate opportunities to develop his/her professional job skills and 23
knowledge. The designated administrator must give advance approval before the employee is to be 24
reimbursed. 25
26
Funds shall be provided in the amount of ten thousand dollars ($10,000.00) per contract year. 27
Unused funds may be applied towards the District's contribution for each year of the contract. The 28
educational opportunities must meet the approval criteria in order for funding to be approved. 29
Employees are expected to seek building and program training funds before making requests under this 30
section. 31
32
Section 13.2. 33
The District shall provide orientation for all new employees of the District. Classified staff 34
development and in-service training will be an on-going process. Employees shall have input to their 35
immediate supervisor for classified staff development activities. PSE shall have opportunity for input 36
in planning for in-service. Regular wages shall be paid for time spent in mandatory in-service training 37
sessions or workshops. Employees will not suffer any loss of pay or leave for time spent in approved 38
in-service training sessions or workshops. 39
40
Section 13.3. 41
Annual training for Special Education drivers, regularly employed Special Education substitutes, and 42
those taking Special Education extra trips shall be required. 43
44
Section 13.4. 45
Per RCW 28A.413.040 all classified school employees working in an instructional paraeducator 46
position who work under the supervision of a certificated or licensed staff member to support and 47
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assist in providing instructional and other services to students and their families must meet the 1
following minimum employment requirements by the date of hire for the 2019-20 school year: 2
3
1. Be at least eighteen (18) years of age and hold a high school diploma or its equivalent; and 4
2. a.) Have received a passing grade on the education testing service paraeducator assessment; or 5
b.) Hold an associate of arts degree; or 6
c.) Have earned seventy-two quarter credits or forty-eight semester credits at an institution of 7
higher education; or 8
d.) Have completed a registered apprenticeship program. 9
10
Section 13.5. Paraeducator Training. 11
During the 2019-2020 school year only, the district will provide two days (14 hours) of paid training 12
on the state paraeducator standards of practice for instructional paraeducators who have not completed 13
the Fundamental Course of Study (FCS) in another district within the state. The District will establish 14
the training schedule and location and will provide access to computers and other technology needed in 15
completing the FCS. The District will pay for fees associated to clock hours provided by Evergreen 16
School District. 17
18
The District will implement additional training for the Fundamental Course of Study in future school 19
years for which state funding is appropriated and only for the number of days that are funded by the 20
appropriation. 21
22
The paraeducator is responsible to complete filing requirements with the Superintendent of Public 23
Instruction of their completion of the Fundamental Course of Study. 24
25
Section 13.6. Required Paraeducator Certificate. 26
Upon completion of the required four-day (28 hours) Fundamental Course of Study, paraeducators are 27
then required to earn a General Paraeducator Certificate by completing an additional 70 hours of 28
general courses on the state paraeducator standards of practice. The General Paraeducator Certificate 29
must be completed within three (3) years of completing the FCS as outlined in WAC 179-11-040. The 30
General Paraeducator Certificate does not expire. 31
32
33
34
ARTICLE XIV 35
36
ASSOCIATION MEMBERSHIP AND CHECKOFF 37
38
Section 14.1. 39
Each employee subject to this Agreement, who, on the effective date of this Agreement, is a member 40
of the Association in good standing, shall maintain membership in the Association in good standing 41
during the term of this Agreement. Employees who wish to opt out of Association membership must 42
contact the Association directly. 43
44
Section 14.2. 45
PSE will be the custodian of the records related to dues authorizations and agrees that, as the custodian 46
of the records, it has the responsibility to ensure the accuracy and safe-keeping of those records. 47
48
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Section 14.3. COPE (Political Action Committee). 1
The District shall, upon receipt of a written authorization that conforms to legal requirements, deduct 2
from the pay of such bargaining unit employee the amount of contribution the employee voluntarily 3
chooses for deduction for political purposes and shall transmit the same to the Association. The 4
employee may revoke the request at any time. At least annually, the employee shall be notified by 5
PSE/SEIU 1948 about the right to revoke the request. 6
7
Section 14.4. Checkoff. 8
The District shall transmit all dues and/or voluntary political contributions deducted to the Treasurer of 9
Public School Employees of Washington, SEIU Local 1948 on a monthly basis. The District shall 10
deduct local dues as established by the local PSE chapter. 11
12
Section 14.5. 13
For payroll purposes only, for employees who work in both PSE bargaining units, dues will be sent to 14
whichever unit the employee works the majority. However, membership in the unit is determined by 15
the recognition clause (Article I); not on which unit dues money is paid to. 16
17
Section 14.6. 18
The Association will indemnify, defend, and hold the District harmless against any claims made, and 19
any suit instituted against the District on account of any checkoff of Association dues or voluntary 20
political contributions. 21
22
Section 14.7. 23
The District agrees to accept employee authorization of dues by paper form, voice-authorization and E-24
signature in accordance with “E-SIGN”. PSE Membership Department will provide a list of those 25
members who have agreed to union membership via any of the above methods. The PSE Membership 26
Department will be the custodian of the records related to dues authorization and agrees that, as the 27
custodian of the records, it has the responsibility to ensure the accuracy and safe-keeping of those 28
records. 29
30
31
32
ARTICLE XV 33
34
GRIEVANCE PROCEDURE 35
36
Section 15.1. 37
Grievances or complaints arising between the District and its employees within the bargaining unit 38
defined in Article I herein, with respect to matters dealing with the interpretation or application of the 39
terms and conditions of this Agreement, shall be resolved in strict compliance with this Article. 40
41
Section 15.2. Grievance Steps. 42
43
Section 15.2.1. 44
Step 1 - The employee shall first discuss the grievance with his/her immediate supervisor. If 45
the employee wishes, he/she may be accompanied by an Association representative at such 46
discussion. All grievances not brought to the immediate supervisor in accordance with the 47
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preceding sentence within twenty (20) business days of the occurrence of the grievance, except 1
during spring and winter breaks, shall be invalid and subject to no further processing. 2
3
Section 15.2.2. 4
Step 2 - If the grievance is not resolved to the employee's satisfaction in accordance with 5
Step 1, the employee shall reduce to writing a formal statement of the grievance containing the 6
following: 7
8
A. The facts on which the grievance is based; 9
B. A reference to the provisions in this Agreement, which have been allegedly 10
violated; and 11
C. The remedy sought. 12
13
Step 2 must take place within ten (10) business days after the informal discussion in Step 1, 14
except during spring and winter breaks, or the grievance will be considered invalid and subject 15
to no further processing. District level management will have five (5) business days from 16
submission of this statement to resolve it by indicating on the statement the disposition. If an 17
agreeable disposition is made, all parties to the grievance shall sign. 18
19
Section 15.2.3. 20
Step 3 - If no settlement has been reached within the five (5) days referred to in the preceding 21
subsection Step 2, and the Association believes the grievance to be valid, the President of the 22
Association or Designee will submit PSE's formal written statement of grievance within fifteen 23
(15) business days, except during spring and winter breaks, to the District Superintendent or the 24
Superintendent's designee. After such submission, the parties will have fifteen (15) business 25
days from submission of the written statement of grievance to resolve it by indicating on the 26
statement of grievance the disposition. If an agreeable disposition is made, all parties to the 27
grievance shall sign it. 28
29
Section 15.2.4. 30
Step 4 - If no settlement has been reached within the fifteen (15) business days referred to in 31
the preceding subsection, except during spring and winter breaks, and the Association believes 32
the grievance to be valid, the employee may demand arbitration of the grievance. The 33
grievance may be submitted by the Association to final and binding arbitration within fifteen 34
(15) business days from receipt of the District response or within fifteen (15) business days 35
from the end of the fifteen (15) day waiting period referred to in the previous sub section. Such 36
arbitration shall be conducted by an arbitrator under the rules and administration of the 37
American Arbitration Association. The parties to this Agreement shall then be bound by the 38
rules and procedures of the American Arbitration Association. During the arbitration under this 39
step, neither the District nor the grievant will be permitted to assert any grounds not previously 40
disclosed to the other party. 41
42
Section 15.2.4.1. 43
Costs of arbitration for any seniority bypass grievance filed under Section 10.6.2, with 44
the exception of respective attorney fees and related costs, shall be borne by the loser of 45
such arbitration. All arbitrator’s fees shall be paid by the Union unless the arbitrator 46
determines that the grievant shall be placed in the position at issue or orders the 47
grievant’s placement in a comparable position or in the position sought, when vacated. 48
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Section 15.3. 1
The grievance or arbitrations shall take place whenever possible on school time. The employer shall 2
not discriminate against any individual employee or the Association for taking action under this 3
Article. 4
5
6
7
ARTICLE XVI 8
9
TRANSFER OF PREVIOUS EXPERIENCE 10
11
Section 16.1. 12
When an employee leaves one K-12 school district within the State and within six (6) calendar months 13
(not including July and August) commences regular employment with another K-12 school district 14
within the State, the employee shall retain the same longevity, leave benefits, and other benefits that 15
the employee had in his/her previous position; PROVIDED, that the position is similar in occupational 16
status (similar titled position). Employees who transfer between districts shall not retain any seniority 17
rights other than longevity from the previous district when leaving one K-12 school district and 18
beginning employment with another. If the Evergreen Public Schools has a different system for 19
computing leave benefits, and other benefits, then the employee shall be granted the same longevity, 20
leave benefits, and other benefits as a person in the Evergreen Public Schools who has similar 21
occupational status (similar titled position) and total years of service. 22
23
Written documentation from the transferring district, which shall include the position title(s) and 24
specific length of service, must be submitted to the Human Resource Department at the time of 25
employment. 26
27
Section 16.1.1. 28
When a regular permanent employee leaves the district resulting in the loss of longevity and 29
returns within six (6) calendar months, the provisions of Section 16.1 will apply. 30
31
Section 16.2. 32
Any new hire, not covered under Section 16.1, shall be permitted to transfer one-half (½) year for each 33
full year of prior similar work experience up to a maximum of three (3) years experience credit on 34
Schedule A. 35
36
37
38
ARTICLE XVII 39
40
SALARIES AND EMPLOYEE COMPENSATION 41
42
Section 17.1. 43
Salaries for employees subject to this Agreement, during the term of the Agreement, are contained in 44
Schedule A attached hereto and by this reference incorporated herein. 45
46
47
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Section 17.2. 1
Salaries contained in Schedule A shall be for the entire term of this Agreement, subject to the terms 2
and conditions of Section 22.3. Should the date of execution of this Agreement be subsequent to the 3
effective date, salaries, including overtime, shall be retroactive to the effective date. 4
5
Section 17.2.1. 6
Retroactive pay, where applicable, shall be paid on the first regular pay day following 7
execution of this Agreement, or in the case of retroactive pay resulting from negotiations 8
pursuant to Section 22.3, on the first regular pay day following agreement on such schedule. 9
10
Section 17.3. 11
Errors in salary amount which result in under payment must be corrected in the current payroll period 12
if notification is received in the payroll office by the tenth (10th) of the month. Subsequent checks 13
shall then bear the correct monthly salary. In the event of over payment, the employee will be 14
contacted. The overpayment shall be deducted as per RCW 49.48.200 and RCW 49.48.210, or any 15
greater amount mutually agreed upon. 16
17
Section 17.4. 18
If increments are to be paid, the employee is eligible only if he/she worked at least six (6) months prior 19
to the effective date of the increment. 20
21
Section 17.4.1. 10-Year Longevity Step. 22
A longevity step of two percent (2%) shall be granted for those employees who have completed 23
ten (10) years of service. 24
25
Section 17.4.2. 15-Year Longevity Step. 26
A longevity step of two percent (2%) shall be granted for those employees who have completed 27
fifteen (15) years of service. 28
29
Section 17.4.3. 20-Year Longevity Step. 30
A longevity step of two percent (2%) shall be granted for those employees who have completed 31
twenty (20) years of service. 32
33
Section 17.4.4. 25-Year Longevity Step. 34
A longevity step of two percent (2%) shall be granted for those employees who have completed 35
twenty-five (25) years of service. 36
37
Section 17.5. 38
When employees transfer from one position to another, within the same bargaining unit, they shall 39
retain District seniority rights. Where possible they shall be placed on the salary step at the pay rate 40
closest to, but not lower than, their current rate. If their current rate includes longevity steps, they shall 41
be placed on the salary step at the pay rate closest to, but not lower than, the top step of their current 42
pay level (not including longevity). The respective longevity percentage(s) will then be applied to the 43
new pay step. Employees transferring to lower level positions shall be placed at the pay rate closest to, 44
but not higher than, their current rate (not including longevity, unless it applies). 45
46
47
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Section 17.6. English Language Learners (ELL) and Immersion Paraeducator Positions. 1
Should the District determine that a specialty language is needed, it shall be noted on the posting. If a 2
specialty language is noted and the Paraeducator possesses sufficient ability in the specialty language 3
as determined by passing a fluency test given by the District that does not exceed the requirements of 4
the State of Washington or bypassing the State certification exam, they shall be placed on the 5
Professional Technician Class IV rate of pay on Schedule A. The District has the right to move an 6
employee who possesses a specialty language from location to location in order to best serve the needs 7
of the students. 8
9
Section 17.7. Placement of Cascadia Tech Academy Paraeducators on the Professional 10
/Technical Pay Scale. 11
12
1. A minimum of an Associate’s Degree in a major related to the Skills Center occupation 13
area; or 14
2. Have completed a State approved Apprenticeship and has earned a "journey” person's 15
certificate/card; or 16
3. Have completed and holds a current State or National Certification recognized by the 17
occupation or industry; or 18
4. Currently holds a Career and Technical Education Teaching Certificate related to the 19
occupation area; or 20
5. Newly-hired paraeducators at the Skills Center must have a minimum of nine and three-21
quarter years (19,500 hours) of work experience directly related to the occupational skills 22
and knowledge being taught in the Skills Center program curriculum. A minimum of 23
2,000 hours of the work experience must have occurred within the last three years. 24
25
Section 17.8. 26
An Apprentice Mechanic may obtain journeyman status by successfully passing five (5) of the six (6) 27
ASE medium/heavy duty truck/bus tests, and has worked as an apprentice mechanic for a minimum of 28
three (3) years or mechanics may substitute technical schooling for time and years. 29
30
Section 17.9. Master Mechanic. 31
Those mechanics who obtain and maintain certification as a Master School Bus Mechanic through the 32
National Institute for Automotive Service Excellence (ASE), will receive one dollar and fifty cents 33
($1.50) per hour over their regular wage. If their regular wage includes longevity, then the one dollar 34
and fifty cents ($1.50) per hour will be added after longevity has been calculated. 35
36
Section 17.10. Transportation Mechanics Tool Allowance. 37
The District shall establish a fund in the amount of six hundred dollars ($600.00) per mechanic to 38
replace or purchase new employee-owned hand tools and equipment used by the employee during his 39
or her normally assigned duties; provided, the tools or equipment are stored on District premises. 40
Mechanics must have prior approval from the supervisor in charge and provide receipts for new tools 41
or equipment. A complete tool and equipment inventory shall be provided to the supervisor by each 42
mechanic and updated when needed. Any allowance left over at the end of August cannot be carried 43
over to the next fiscal year. The district shall determine the means by which such tools and equipment 44
are to be kept secure. In subsequent years of the Agreement, the District and Association will review 45
the use of this fund to determine an appropriate higher or lower level of funding. 46
47
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Section 17.11. 1
Employees subject to this Agreement who are required in the course of their employment to use their 2
personal vehicles shall be reimbursed by the District for mileage at maximum IRS allowable rate (with 3
no retroactivity). 4
5
Section 17.12. 6
Employees will receive their work year salary divided into equal monthly paychecks; provided, that: 7
8
a. the position works a minimum of four (4) days per week; 9
b. the position is not variable hours (i.e. up to ten hours per week); 10
c. the position has a set work calendar; 11
d. the employee is not on unpaid leave; and 12
e. the employee began working in the position prior to April 1; 13
14
Transportation employees (excluding year-round employees) will not have the option of spread pay. 15
16
Section 17.13. Asbestos Removal Compensation. 17
The District will pay one hundred ($100) dollars per abatement situation for employees assigned by a 18
supervisor to perform asbestos abatement. An employee must maintain required certification to be 19
eligible. 20
21
Section 17.14. High Lift Operations. 22
Employees assigned to work in High Lift Operations at a height in excess of forty (40) feet for boom 23
and scissor lifts and twenty-five (25) feet for mast lifts will have a spotter in the immediate working 24
area. 25
26
Section 17.15. Fingerprinting. 27
Upon successful completion of probation, newly hired employees may be reimbursed one time for the 28
cost of the fingerprint background check if it was obtained for the purposes of their current position 29
and the background check was completed within six months prior to the hire day. Employees may 30
request reimbursement within 60 days of successful completion of probation. 31
32
33
34
ARTICLE XVIII 35
36
STAFF PROTECTION 37
38
Section 18.1. 39
Individual losses or damage to personal items or equipment shall be reimbursed to the limit of the insurance 40
deductible, up to five hundred dollars ($500.00), based on actual value at the time of the loss as determined 41
by an insurance adjuster and subject to the following conditions: 42
43
A. There must be proof submitted that the employee has insurance. An employee must exhaust 44
his/her own insurance recovery possibilities before being eligible for reimbursement under 45
this provision. A copy of the employee's homeowner's/auto insurance is required. 46
47
B. There must be filed with the Human Resource Department within twenty (20) calendar days 48
after the damage or loss, a Proof of Loss and Claim for Reimbursement form. 49
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1
C. There shall be no reimbursement for loss of cash. 2
3
D. Upon approval by the District of a certified claim, individual losses shall be reimbursed to the 4
limit of the insurance deductible, up to five hundred dollars ($500.00) based on actual value 5
at the time of the loss, as determined by an insurance adjuster. 6
7
E. Reimbursement will not be made due to an individual's negligence. 8
9
F. Only clear acts of vandalism to automobiles will be reimbursed subject to the provisions 10
above. 11
12
Section 18.2. 13
Individual losses for damage to an employee's personal property that are caused by other District 14
employees acting within the scope of their employment shall be referred to the District's liability insurance 15
carrier for adjustment and payment of claim, if justified. 16
17
Section 18.3. 18
The District agrees to take appropriate steps as required by the Federal Occupational Safety and Health Act 19
and the Washington Industrial Safety and Health Act, to correct safety and health hazards and deficiencies 20
relating to school property, activities, and procedures. The Association and its members agree that they 21
will support and assist the District and the insurance company in their efforts to be informed of and to 22
correct safety and health hazards and deficiencies. 23
24
25
26
ARTICLE XIX 27
28
TRANSPORTATION 29
30
Section 19.1. 31
Recognizing that personnel in the Transportation classification present special shift problems, the parties 32
agree that shifts shall be established in that classification in relation to routes and driving times requisite to 33
fulfilling tasks assigned by the Transportation Director; provided, however, that employees in the 34
Transportation classification shall be entitled to benefits of Section 7.3 to the same degree as any other 35
employee; and provided further that all bus drivers shall receive pay for thirty (30) minutes per day for the 36
purpose of clean-up and bus warm-up and required State bus reports, in addition to actual hours of driving 37
time. In order to receive extra compensation for bus cleaning above and beyond thirty (30) minutes, a 38
“Request for Extra Compensation Form” must be filled out and approved by the Transportation Director. 39
All trips other than regular daily scheduled route packs shall be compensated at the employee's driving rate. 40
However, bus drivers shall be subject to the provisions relative to overtime hereinafter provided. If there 41
are thirty (30) minutes or less between assignments, (including mandatory meetings), the driving rate shall 42
continue uninterrupted. Drivers and bus duty assistants will receive a minimum of one (1) hour pay for 43
each duty call. A duty call is defined as any work other than the normal work shift and workday, 44
noncontiguous with the normal work shift or workday. Pay will continue uninterrupted through morning 45
(a.m.) home-to-school runs and afternoon (p.m.) school-to-home runs. 46
47
Section 19.1.1. 48
Drivers will be paid for three (3) hours for preparation of their bus for the State inspection. 49
50
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Section 19.1.2. 1
All drivers subject to this Agreement will be paid a minimum of five (5) hours daily, with the 2
exception of work that falls between the last day of school and first day of school. Any work 3
during this period will be paid for actual hours worked plus thirty (30) minutes per day for the 4
purpose of clean-up and pre-trip, with the minimum being three (3) hours. Partial days during 5
the school year, when only one (1) school in the District is in session, will be paid at a 6
guaranteed five (5) hours only. This shall include any guaranteed routes. 7
8
Section 19.1.2.1. 9
The District will pay drivers the equivalent of one (1) extra day for driving their route, 10
contacting parents (if applicable), and organizing their route book to include written 11
instructions at the beginning of the year. The amount of paid time will be based on all 12
assignments signed on by driver on original bid day. 13
14
Section 19.1.2.2. 15
All cleaning supplies shall be provided by the district. 16
17
Section 19.1.3. 18
When substituting on a special education route, regular drivers who substitute will be paid 19
his/her own route pack time or special education route pack time, whichever is greater. 20
21
Section 19.1.4. 22
Paid time for early-release days will be as follows: 23
24
1. During District-wide and Elementary Early-Release schedules, drivers paid time will 25
end after the AM home-to-school runs. Paid time will resume at the beginning of the 26
school-to-home runs, the driving rate will continue to be paid if there are sixty (60) 27
minutes or less between assignments (including activity runs). 28
29
2. During secondary early-release schedules, the driving rate will continue to be paid if 30
there are sixty (60) minutes or less between assignments. 31
32
Section 19.1.5. 33
In calculating daily hours, in transportation, time shall be exact. The total hours will be 34
rounded to the nearest one hundredth (1/100) hour. 35
36
Section 19.1.6. 37
For pay purpose only, the Transportation Department work week shall be designated as Sunday 38
through Saturday. If an employee is on a run and he/she will go into overtime before the run is 39
complete, the employee will be paid overtime for all subsequent, continuous hours of work, 40
even if the run carries over from Saturday to Sunday. If an employee is on a Saturday run that 41
overlaps into Sunday before the run is complete, all subsequent, continuous hours of work that 42
overlap into Sunday will be counted and paid as hours worked on the Saturday when the run 43
began. 44
45
Section 19.1.7. 46
If extra trips are not canceled by noon the day before departure, the driver will be paid for the 47
hours scheduled up to a maximum of five (5) hours per occurrence per driver. 48
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If overnight trips are not cancelled seventy-two (72) hours before the trip departs, driver will be 1
paid for the first five (5) hours of the scheduled trip. If such trips are not cancelled twenty-four 2
(24) hours before the trip departs, the driver will be paid for the first eight (8) hours of 3
scheduled trip time. The provisions of this section do not apply to trips that are cancelled due to 4
weather or emergency situations. 5
6
Section 19.1.8. 7
The following will prevail on overnight trips: 8
9
1. Day of departure, if preempted: Driver will be guaranteed pay for his/her route pack, if 10
total trip time is less than the route pack. 11
12
2. A regular workday, (Monday-Friday), non-driving: Driver will be guaranteed his/her 13
route pack time. 14
15
3. Weekend day (Saturday and/or Sunday): Driver to be guaranteed pay for a minimum of 16
a five (5) hour day whether driving or not. 17
18
4. Return day on weekend: Driver to be guaranteed five (5) hours minimum. If driver is 19
returning on a regular scheduled workday, the driver is to be guaranteed regular route 20
pack time. The Transportation Department will work out and share with drivers a 21
procedure for requesting extension of time in motels in situations where leave time is 22
later than anticipated. 23
24
Section 19.2. Route Packs. 25
Route packs shall be established by the Transportation Director at the beginning of the school year. 26
Route packs shall be established to provide the most hours in the shortest workday as is feasible. These 27
route packs shall be selected by drivers, in accordance with seniority, prior to the beginning of the 28
school year. In the event an employee is not available at bid time, the employee may submit a proxy 29
list of routes and additions. If a list is not available, the employee will be assigned the non-special ed 30
route with the most time. 31
32
All drivers will have the opportunity to bid on all extra work up to a maximum of forty (40) hours per 33
week. 34
35
All route packs will be guaranteed the original bid time. Any route that has had an activity run added to 36
make up the five (5) hour minimum route pack will be paid run through time as a school-to-home run. 37
38
No bumping or changes in drivers from one route pack to another shall be made prior to the October 39
realignment. Any new or regular route pack, which becomes open after bid day in August, will be 40
filled by substitutes until the October realignment. 41
42
Section 19.2.1. 43
The Employer and the Association recognize each other’s mutual interest by maintaining a 44
combination of predetermined route packs and individually arranged route packs. 45
46
47
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In appreciation of that goal, it is agreed that when the Employer considers the feasibility of 1
combining extra assignments with particular route packs, the following issues will be given 2
consideration. 3
4
1. The efficiency of the transportation system as envisioned in Article II of the 5
Collective Bargaining Agreement. 6
7
2. The ability of drivers to bid on extra assignments in order for them to build a forty 8
(40) hour work week. 9
10
3. The need to provide sufficient equipment and drivers to cover field trips. 11
12
In making these judgments, the Employer recognizes the right of employees to exercise 13
seniority and the Association recognizes the Employer’s rights to manage the transportation 14
system. 15
16
The Employer also agrees to give Association representatives and drivers sufficient time to 17
review route packs prior to bidding and to give timely consideration to individual requests to 18
combine assignments. 19
20
Section 19.3. 21
An opportunity to bid for realignment will occur no later than the third week of October on the district-22
wide early release, if applicable. (In the event of a work stoppage, realignment will occur no later than 23
six (6) weeks from the first day school begins.). The October realignment will consist of all new or 24
open route packs that become available after August bid day, including routes that have had a gain of 25
an average of two (2) hours and thirty (30) minutes per week and all posted extra work, i.e., shuttles, 26
activities routes, etc. The bid sheets will be made available at least two (2) days prior to the October 27
realignment whenever possible. 28
29
All drivers will be involved in the October realignment subject to the following conditions. 30
31
A driver must meet one of the following conditions: 32
33
1. Their time could be bettered by an average of one (1) hour and fifteen (15) 34
minutes per week on a new or open route pack. 35
2. The route pack originally bid by the driver has been lost. 36
37
3. The driver did not bid during the original bidding process. 38
39
4. School runs added that do not fit within the time slot (high school, middle school, 40
early elementary, late elementary, and activity runs) of the originally bid route 41
pack. 42
43
5. If a driver presently has an activity run that has been attached to his/her route pack 44
to fill in the five (5) hour minimum, a driver may bid on a new or open route pack. 45
46
47
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Section 19.4. 1
After October realignment, a route pack that increases by an average of two (2) hours and thirty (30) 2
minutes or more per week will be posted as open. The driver coming off the open route pack shall be 3
able to bump onto another route pack based upon seniority. The changes shall take place within seven 4
(7) days following the verification of time gain. The verification shall be done by the Transportation 5
Director or designee(s). In order to bid on a new or open route pack, after realignment, the driver 6
must: 7
8
A. Better his/her time by, one (1) hour and fifteen (15) minutes per week; or 9
10
B. Bid on same time, or less time, if a driver presently has an activity run that has been 11
attached to his/her route to fill in the five (5) hour minimum; or 12
13
C. Drivers may bid off all forty (40) hour route packs onto a posted new non forty (40) hour 14
route pack that becomes available after the October realignment, regardless of the time on 15
that new route pack. 16
17
After realignment, any school runs added to a regular education route pack must fall within the time 18
slots of the driver’s original bid, unless the change is approved by the driver. 19
20
Section 19.4.1. 21
Any new or open route pack which becomes open after the bid day in August will be filled by 22
substitutes until posted. 23
24
Section 19.5. 25
A route pack that increases by an average of two (2) hours and thirty (30) minutes per week will be 26
posted as an open route. Time sheets must reflect two (2) full weeks of time gained before posting or 27
bumping will occur. New or open routes will be posted within seven (7) calendar days. Trustees shall 28
be notified of any such increases or additions by the immediate supervisor or dispatcher. Additional 29
route packs in Transportation shall also be considered new positions and shall also be posted in 30
accordance with this provision. The requirements of posting a vacancy may be waived if the senior 31
driver eligible to bid on the position is appointed to fill the vacancy. The Dispatcher, with approval of 32
the Transportation Director, shall assign the additional run or increased time to the route pack which 33
he/she feels compliments the existing route pack. 34
35
Section 19.6. Trips. 36
All trips other than regularly scheduled daily route packs will be posted and then assigned in strict 37
compliance with the seniority provisions of this Agreement: 38
39
Section 19.6.1. 40
No driver, except special education trained drivers shall be assigned to transport handicapped 41
students. 42
43
Section 19.6.2. 44
No driver shall be eligible for such trips when it would require a driver to work in excess of 45
forty (40) hours in any workweek [eligibility will be based on forty (40) hours minus the total 46
weekly average route pack time]. Drivers may not apply any guaranteed paid time (coded 04 47
time) towards pre-empt trips in order to stay within the 40-hour work week requirement or 48
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require the driver to pre-empt his regularly assigned route pack, unless such pre-emption is 1
deemed necessary by the District or the following conditions are met. 2
3
Section 19.6.3. 4
Drivers may pre-empt a route pack for any trip that is at least sixty (60) radius miles one way 5
from the transportation center or for overnight or weekend trips or trips that are scheduled to be 6
eight (8) hours or more. These trips will be posted as “pre-empt.” Drivers may be required to 7
drive half days, the day of pre-empt trips, if substitutes are not available. A driver, whose route 8
pack has been pre-empted, will be paid his/her route pack time, or the amount earned for the 9
extra trip, whichever is greater. 10
11
Section 19.6.3.1. 12
Fifth (5th) grade environmental trips going to the Columbia River Gorge will be posted 13
as “pre-empt.” Drivers must better their average daily route time to qualify. 14
15
Section 19.6.4. 16
The Transportation Director may arrange at his/her discretion the pre-emption of additional 17
unpaid days as needed in order for drivers to comply with the forty (40) hour workweek 18
requirement. 19
20
Section 19.6.5. 21
These extra trips shall be available first to bargaining unit employees. All extra trips will be 22
paid over and above regular route pack time if the driver has fully worked his/her regularly 23
scheduled hours. 24
25
Section 19.6.6. 26
A driver, who drives a bus other than his/her own, for a trip, during the regular workweek, shall 27
receive thirty (30) minutes for the purpose of pre-trip inspection, post-trip inspection, cleanup, 28
fueling, and required paperwork in addition to actual hours of driving time. 29
30
Section 19.6.7. 31
In order to receive extra compensation for bus cleaning, above and beyond the thirty (30) 32
minutes, a “Request for Extra Compensation” form must be filled out and approved be the 33
Transportation Director. 34
35
Section 19.7. 36
When possible, by 8:00 a.m. of the last school day of each week, all trip requests with the completed 37
information will be posted through Saturday of the following week, to allow drivers to plan for a full 38
week. Any trips posted less than five (5) calendar days prior to the trip will be printed on paper of a 39
different color. All trip requests received less than twenty-four (24) hours prior to the trip departure 40
time will be placed on the hot board. Some trip requests received less than forty-eight (48) hours prior 41
to departure time will be placed on the hot board depending on the circumstances (i.e., distances, 42
number of buses needed, etc.). Such trips shall be awarded one (1) workday prior to the time of 43
departure, except in the case of emergencies, to the senior driver signing up. A driver missing a full 44
day of work will not be eligible for any extra trips that day nor upon the day he/she returns to work, 45
except for trips posted on the hot board the day the driver returns. Exceptions will be for work that is 46
missed due to personal leave absences with the prior approval of the Transportation Director. In order 47
to trip upon returning to work, a request form must be approved by the Transportation Director. A map 48
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Evergreen Public Schools No. 114
indicating directions and address of destination shall be provided upon request to all drivers taking 1
extra trips outside the District. Whenever possible, overnight trips shall be posted no later than eight 2
(8) calendar days prior to date of trip, and trip will be assigned five (5) calendar days prior to trip day. 3
4
Section 19.7.1. 5
Drivers may have other drivers sign trips for them provided the person signing (initials) 6
showing someone other than the driver signed. Drivers will be responsible for any 7
miscommunications. 8
9
Section 19.7.2. 10
Summer trips will be assigned by telephone between 7:00 a.m. and 10:00 a.m. on Mondays, 11
Tuesdays, and Thursdays prior to date of departure. (Monday assignments will be for Tuesday 12
trips, Tuesday assignments will be for Wednesday and Thursday trips, and Thursday 13
assignments will be for Friday through Monday trips, whenever possible.) Drivers who turn 14
down a trip will not be called again until the following day. If the driver is called and there is 15
no answer, it will be considered a decline. 16
17
Section 19.8. Use of Charter Buses. 18
The District shall minimize and limit the use of charter buses. District will maintain an adequate 19
number of available substitute drivers and will add training sessions as needed in order to avoid the use 20
of charter buses. In the following situations, charter buses may be used: 21
22
A. When there are no bargaining unit employees, either substitute or regular drivers, available. 23
24
B. When the length of the trip is three (3) hours or more in one direction as determined by 25
approved-mapping software; starting point being transportation address direct to final 26
destination address. 27
28
C. For state competitions. 29
30
Section 19.8.1. Scheduling Charter Buses. 31
The use of all charter buses involving school district students will be monitored by the 32
Transportation Supervisor or his/her designee. The PSE president will be notified whenever a 33
charter bus is used prior to the date of departure. 34
35
Section 19.9. 36
The current "Causes of Disciplinary Action and Discharge" shall be contained in the Transportation 37
handbook and are hereby incorporated into this Agreement. 38
39
Section 19.10. Substitute Bus Drivers. 40
41
Section 19.10.1. 42
The Employer shall establish and maintain an "extra pool" consisting of all substitute bus 43
drivers placed on a substitute list by most recent date officially released to drive for Evergreen 44
Public Schools first, then application date, and then alphabetical order by last name; if last 45
name is identical, then by first name. The most senior substitute bus driver shall have the first 46
opportunity for assignments projected to last longer than ten (10) working days. Work 47
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PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
assignments shall be based on a rotating roster, except, an employee scheduled to work and 1
whose work is cancelled, will remain at the top of the list. 2
3
Section 19.10.2. 4
Substitute bus drivers will receive a minimum of one (1) hour pay for each duty call (only work 5
other than the normal work shift and workday, noncontiguous with the normal work shift and 6
workday). Substitute bus drivers who report for a normal work shift (route pack) will receive a 7
minimum of two (2) hours’ drive pay for AM and two (2) hours’ drive pay for PM or route 8
pack time whichever is greater. 9
10
Section 19.10.3. 11
When a substitute bus driver is hired as a temporary or permanent employee, the probationary 12
period will be reduced to forty (40) working days, provided that person was employed as a 13
substitute bus driver for at least twelve (12) months prior, and a new seniority date will be 14
established as of that date. 15
16
Section 19.10.3.1. 17
Substitute bus drivers will be paid thirty (30) minutes per day for the purpose of clean-18
up, pre-trip, and paperwork even for partial days worked. Substitute bus drivers will 19
also be paid three (3) hours of drive time for preparation of their assigned bus for the 20
annual deep cleaning associated with State inspection. 21
22
Section 19.10.4. 23
Substitute bus drivers shall be covered by Section 1.2.1; Sections 19.10 through 19.10.6; 24
Article VI, Section 6.2; Article XIV; Article XV; and Article XVIII. Substitute bus drivers 25
shall be eligible to participate in Washington State Public Employees Retirement System to the 26
extent required by State law. Substitute bus drivers shall be paid the rate of pay designated for 27
substitute bus drivers under Schedule A. 28
29
Section 19.10.5. 30
Substitute bus drivers shall undergo a pre-employment physical and drug screen through the 31
District's designated physician at the District's expense. 32
33
Section 19.10.6. 34
After being hired as a substitute bus driver, substitute bus drivers shall be compensated for all 35
time spent in driver's training required by the District. 36
37
38
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ARTICLE XX 40
41
TEMPORARY STATUS 42
43
Section 20.1. 44
A temporary position is one created by the District for a minimum period of more than thirty (30) 45
consecutive workdays up to a maximum period of the remainder of the current school/fiscal year. 46
47
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PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Section 20.1.1. 1
Temporary positions exist when: 2
3
A. A regular employee is on a leave of absence for three (3) months or more. 4
B. Enrollment stability is uncertain. 5
C. Pilot programs (funding situations). 6
D. Extenuating circumstances created by legal issues. 7
8
Section 20.2. 9
Temporary positions are temporary and may end when the need for a particular position no longer 10
exists. 11
12
Section 20.3. 13
Temporary employees are not subject to layoff protection or recall rights under the layoff provision. 14
15
Section 20.3.1. 16
If the District approves, in writing, a permanent employee to be placed in a temporary position, 17
the permanent employee will be returned to his/her regular position at the end of the temporary 18
assignment. In all other instances where the permanent employee applies for and is granted a 19
temporary position, he/she will not have the right to the original position once the temporary 20
position has expired. 21
22
Section 20.4. 23
Permanent and temporary positions will be posted as required by the Collective Bargaining 24
Agreement. 25
26
Section 20.4.1. 27
Temporary positions will be identified as such on the opening announcement(s). 28
29
Section 20.4.2. 30
If a position is temporary during a school year, and is reestablished at the beginning of the next 31
school year (with the exception of extenuating circumstances created by legal issues or special 32
pilot programs), the position shall be posted from temporary to permanent status. Categorical 33
funded positions will qualify under this section for temporary postings. 34
35
If the same employee continues with the same position title with no interruption in service 36
(other than the regular summer break), the hire date would remain with the date on which 37
he/she began temporary employment in that position. If the same employee returns in a 38
different position title, a new probationary period will be served. 39
40
Section 20.4.2.1. Overload Classroom Assistants. 41
Overload positions will always be temporary positions regardless of duration and will 42
not be posted from temporary to permanent from one school year to the next. 43
44
Section 20.5. 45
Employees hired for temporary positions that the District posts for an anticipated work period of the 46
minimum number of hours as defined by SEBB per year, will be eligible to enroll in benefits under SEBB 47
from the hire date, assuming the District expects the position to continue beyond sixty (60) working days. 48
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PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Section 20.5.1. 1
If the temporary position ends prior to the end of the school year or if the employee’s work pattern 2
is such that the District no longer anticipates the employee will work the minimum number of hours 3
as defined by SEBB during the school year, the employee’s eligibility for coverage through SEBB 4
will end the last day of the month in which the change is effective. After such time, the employee 5
may be eligible for medical insurance coverage under COBRA in accordance with federal law. 6
7
Section 20.5.2. 8
If the temporary position continues through the end of the school year, the employee’s eligibility 9
for coverage through SEBB will continue until the last day of the month in which the school year 10
ends. After such time, the employee may be eligible for medical insurance coverage under COBRA 11
in accordance with federal law. 12
13
Section 20.6. 14
The following is set forth for the purpose of establishing what continuous daily employment is in 15
Transportation: If a person is hired into a posted temporary position (for someone on a leave of absence) 16
through the end of a school year and the position then ends and that same individual bids for and is 17
awarded a route by the bid day in August the following school year (not substituting), the individual will be 18
determined as not having had an interruption in service and will not be expected to serve an additional 19
probationary period. There will be no exceptions to this other than the normal summer break. 20
21
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ARTICLE XXI 24
25
SUMMER WORK 26
27
The following provisions apply to summer work for less than twelve (12) month permanent employees 28
and supersede other contract provisions where there is a conflict. 29
30
Section 21.1. 31
Summer job openings that are greater than ten (10) days in duration will be posted prior to the last day 32
of school. 33
34
The District shall not fill summer positions with outside employees until bargaining unit employees 35
had at least five (5) business days to submit applications. Furthermore, interested applicants shall have 36
at least five (5) business days to submit applications for jobs that occur after school is out. 37
38
Section 21.2. 39
Current bargaining unit members will receive first consideration for posted summer positions in their 40
same titled positions. 41
42
Section 21.3. 43
Less than twelve (12) month permanent employees who also work during the summer months will 44
continue to accrue sick leave for the hours they work. The employee may use sick leave for up to the 45
number of hours he/she would normally work per day in the summer position. There will be no use of 46
personal days by any individual filling a summer position. 47
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2022-2025 Collective Bargaining Agreement Page 48 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Section 21.4. 1
Positions posted (including summer transportation routes and trips) for summer work, during specific 2
days of summer break, are eligible for July 4 holiday pay as long as summer hours also meet criteria in 3
Sections 8.1 and 8.1.1. 4
5
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ARTICLE XXII 8
9
TERM AND SEPARABILITY OF PROVISIONS 10
11
Section 22.1. 12
The term of this Agreement shall be September 1, 2022 to August 31, 2025. 13
14
Section 22.2. 15
All provisions of this Agreement shall be applicable to the entire term of this Agreement 16
notwithstanding its execution date, except as provided in the following section. 17
18
Section 22.3. 19
This agreement may be reopened and modified at any time during its term upon mutual consent of the 20
parties in writing; provided, however, that all State increases for classified salaries and benefits shall 21
be passed through for each year of this agreement. This agreement shall be reopened by mutual 22
consent as necessary to consider the impact of any legislation enacted following execution of this 23
agreement which may arguably affect the terms and conditions herein or create authority to alter 24
personnel practices in public employment. 25
26
Section 22.3.1. Schedule A. 27
Effective September 1, 2022, all wages on the attached Schedule A have been increased an 28
additional percentage as listed below, in addition to the longevity improvements on the 29
Schedule A: 30
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Paraeducators All Classes 12%; an additional $1.50 per hour will be allocated to 32
paraeducators at Hollingsworth Academy. 33
Professional Technicians – All Classes 6%; an additional $1.50 per hour will be allocated to 34
Registered Behavior Technicians, Transition Coaches and Therapeutic Intervention Coaches at 35
Hollingsworth Academy. 36
On the Professional Technicians salary schedule, increase the lead stipend to $3.00. 37
Service WorkersAll Classes 6% 38
MaintenanceAll Classes 6% 39
The classification of Crafts shall be renamed Crafts I and a new classification shall be entitled 40
Crafts II, comprising of HVAC, Plumber and Electrical Workers. It will be compensated at an 41
additional fifty cents ($.50) an hour above the Crafts I. 42
Transportation All Classes 5%. Driver Trainers, Assistant Dispatcher and Assistant Driver 43
Trainer shall receive an additional 2% increase to Steps 2 – 6, to be calculated cumulatively. 44
Bus Drivers shall receive an additional 1.5% increase to Steps 2 – 6, to be calculated 45
cumulatively. 46
MechanicsAll Classes 6%; 47
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2022-2025 Collective Bargaining Agreement Page 49 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Effective September 1, 2023, all wages on Schedule A shall be increased by three percent 1
(3.0%) plus IPD for Paraeducators and one percent (1.0%) plus IPD for all other classifications. 2
3
Effective September 1, 2024, all wages on Schedule A shall be increased by one percent (1.0%) 4
plus IPD. 5
6
Section 22.3.2. 7
The union/district shall have the right to open the contract at any time to deal with Health 8
Insurance issues related to compliance with state or federal law and/or potential employee 9
eligibility for subsidies or tax credits from the Federal government. The District agrees to 10
cooperate with the union to the extent that the union requests do not cause the District to incur 11
fines, taxes, sanctions or any substantial negative financial impact. 12
13
Section 22.4. 14
If any provision of this Agreement or the application of any such provision is held invalid, the 15
remainder of this Agreement shall not be affected thereby. 16
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Section 22.5. 18
Neither party shall be compelled to comply to any provisions of this Agreement which conflicts with 19
State or Federal statutes or regulations promulgated pursuant thereto. In the event any of the terms of 20
this Agreement are affected by subsequent Federal or State laws or government decree, such terms of 21
the Agreement shall be modified so as to conform to the requirement of such law. All other provisions 22
of this Agreement shall continue in full force and effect. 23
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Section 22.6. 25
In the event either of the foregoing sections is determined to apply to any provision of this Agreement, 26
such provisions shall be renegotiated pursuant to Section 22.3. 27
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Section 22.7. Noon Custodians. 29
Noon custodians shall retain their employment as District employees until such time as they resign, 30
retire, or are terminated. Any vacancies occurring in noon custodian positions may be subcontracted to 31
the District's custodial subcontractor. The District shall exercise due care to assure that current 32
employees under this provision are protected in their rights to employment without discrimination or 33
harassment. 34
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SIGNATURES
 
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2022-2025 Collective Bargaining Agreement Page 51 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Schedule A 1
Evergreen Public Schools No. 114 2
September 1, 2022 – August 31, 2023 3
4
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6
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8
9
10
11
12
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15
Class I: Adjustment Room/In-House, Art Discovery, ASB Support, Behavior Assistance Monitor, Cafeteria and 16
Hall Monitor, Cafeteria Monitor, Classroom Music Accompanist, Day Care, HCA Staff Support, Health 17
Room, Lunch Buddy Coordinator, Lunchroom Monitor, Note Taker (504) Note Taker-Deaf/Hard of 18
Hearing (HH), One-to-One (504) Non-Instructional, Parent Notification, Planning Room/Independent 19
Study, Playground Monitor, Student Academic & Behavioral Assistance Program, Student Transition, 20
Study Hall Supervisor 21
22
Class II: Alternative Learning Environment (ALE) Student Support, Classroom, Classroom Immersion, Classroom 23
Overload, Computer, Computer Guided Study, Counseling Support Specialist, English Language Learners 24
(ELL), Intervention, Legacy Instructional Assistants, Literacy Support, Math Support, Medication 25
Administration Assistant, Music Classroom Assistant, One-on-One (504), Social and Academic 26
Intervention, Speech and Language Pathology Communication Disorder Assistant, Title I/LAP Programs 27
(Reading/Math/Extended Day Kindergarten), Tutorial 28
29
Cascadia Tech [including: Automotive Assistant, Automotive/Diesel Tool Room Paraeducator, 30
Cosmetology Paraeducator, Culinary Arts Instructional Paraeducator, Dental Instructional Asst., Diesel 31
Technology Assistant, Fashion Design Instructional Paraeducator, Financial Customer Services 32
Instructional Asst., Information Technology Systems, Service and Support (ITS3) Classroom Assistant, 33
Instructional Asst. Automotive/Diesel, Instructional Asst Automotive/Diesel/Construction, Instructional 34
Asst. Construction Technology, Paraeducator- Criminal Justice Program, Instructional Asst. Electronics, 35
Instructional Asst. Retail Management] 36
37
College Career & Tech. Ed [including Academic Assistant, Ag-Floral, College Career & Tech. Ed-Carl 38
Perkins Grant, Cosmetology Assistant, Drafting/CAD, Floral Shop, Manufacturing Tech Ed, Metals & 39
Field Ecology, Nursing Program, Retail Marketing, Science Technology Education, Technology Education, 40
Visual Communications] 41
42
Special Education Paraeducator [including: ALC (Academic Learning Classroom), Bus Duty, Day-43
Treatment DD/Behavior (Developmentally Delayed), DSC (Developmental Skills Classroom), Dual 44
Immersion Special Education, ECE (Early Childhood Education), IAP/Re-Entry (Interim Alternative 45
Program), LSC (Life Skills Classroom), SCIP (Social Communication Integration Program), SLC 46
(Structured Learning Classroom), Sp. Ed. One-on-One, Tactile Sign Language Interpreter I-Deaf/Hard of 47
Hearing Program, Transition Program] 48
49
50
51
52
53
54
55
56
2022-2025 Collective Bargaining Agreement Page 52 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Schedule A 1
Evergreen Public Schools No. 114 2
September 1, 2022 – August 31, 2023 3
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
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27
Class I: Telecom Assistant, Fixed Asset Assistant 28
29
Class II: Copy/Bindery Operator, Early Childhood Education Specialist (w/no degree, but at least 25 quarter credits in early childhood 30
education or child development), Press Operator, Social and Academic Intervention Assistant, Student Behavior Intervention 31
Specialist 32
33
Class III: Registered Behavior Technician, Therapeutic Intervention Coach, Typesetting/Graphics 34
35
Class IV: Applied Medical Sciences, At-Risk Advocate, Aviation Technology Assistant, Bilingual Student and Parent Support Assistant, 36
Braille Instructional Assistant, Classroom Immersion (if qualified), College Career & Technical Education Pre-Engineering, 37
Cascadia Tech positions if qualified, Culinary Arts Instructional Paraeducator, Coordinator for Unaccompanied Youth 38
(Homeless), Dual Immersion Intervention Paraeducator, Dual Immersion Special Education Assistant if qualified, ELL 39
(English Language Learners) Bilingual Paraeducator if qualified, ELL (English Language Learners) Paraeducator Mentor, 40
Early Childhood Education Specialist (with early childhood education degree), Financial Customer Service Instructional 41
Assistant, Foster Care and Supplemental Support Liaison, Graduation Career Readiness Coach, Instructional Paraeducator-42
Bilingual, Transition Coach, Coalition Specialist 43
44
Class V: Communication Disorder Specialist or Speech Language Pathologist (with degree in area of specialization), Computer Support 45
Technician, Instructional Technology Trainer, Library Systems Trainer, Procedures Nurse, Psychometrists, Print Shop Lead 46
47
Class VI: District Translator and Interpreter, Liaison for Students in Transition (Homeless), Bilingual Parent Liaison 48
49
Class VII: Boundary/Home School Specialist, Certified Occupational Therapist Assistant, Deaf-Blind Intervener, Special Education Sign 50
Language Interpreter, Family and Community Outreach Coordinator, Help Desk Coordinator, *Lead Help Desk Technician, 51
Physical Therapist Assistant, Student Attendance Specialist, Student Engagement Specialist, CCTE Business & 52
Communications Coordinator 53
54
Class VIII: Assessment Coordinator, Coalition Coordinator, College Career & Tech Ed Computer Hardware/Software Technician, 55
Computer Application Support Technician, Database Reporting Specialist, Enterprise Application Support Specialist, Fiscal 56
Coordinator, Hardware Maintenance Technician, *Lead Hardware Maintenance Technician, Network Hardware Maintenance 57
Technician, Software Support Specialist, Telecommunication Maintenance Technician, Video Services Coordinator, Web 58
Content Editor, Web Graphic Coordinator 59
60
Class IX: GRADS Case Manager/Nurse, *Lead Student System Coordinator, Network Support Technician (Cascadia), Registered 61
Nurse, Registered Nurse Special Education Assistant, Student System Coordinator, Systems Analyst 62
63
Class X: Assessment Application Developer, Application Developer/Web Designer, Board Certified Assistant Behavior Analyst 64
(BCaBA), College Career and Technical Education Technology Coordinator, Database Adm./Programmer, *Lead Fixed Asset 65
Specialist, Systems Administrator, Systems Administrator - Infrastructure & Operations 66
67
*Plus $3.00 per hour 68
2022-2025 Collective Bargaining Agreement Page 53 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
1
Schedule A 2
Evergreen Public Schools No. 114 3
September 1, 2022 – August 31, 2023 4
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Class E: Stadium Supervisor 21
22
Class I: Community and Work-Based Learning Service Worker, Student Store Assistant II, Traffic Safety Worker 23
24
Class II: Media Assistant 25
26
Class III: Technology and Media Assistant 27
28
Class N: Noon Custodian* 29
30
Class IV: Campus Security, Roving Campus Security/Trainer 31
32
Class V: Delivery, Central Receiving Assistant 33
34
Class VI: Central Receiver 35
36
*When these current positions are vacated, they will not be filled. 37
38
39
40
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44
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52
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2022-2025 Collective Bargaining Agreement Page 54 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
1
Schedule A 2
Evergreen Public Schools No. 114 3
September 1, 2022 – August 31, 2023 4
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2022-2025 Collective Bargaining Agreement Page 55 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Evergreen Public Schools #114 1
Classified Personnel 2
Evaluation Form 3
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2022-2025 Collective Bargaining Agreement Page 56 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
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Supervisor’s Signature_________________________________________________________________ Date__________________
My signature below indicates that I have seen this evaluation. It does not necessarily indicate agreement with
the findings. I understand that I have a right to attach a written response to this evaluation.
Employee’s Signature_________________________________________________________________ Date__________________
Comments:
2022-2025 Collective Bargaining Agreement Page 57 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Evergreen Public Schools #114 1
Classified Personnel 2
Plan of Improvement Evaluation Tool 3
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2022-2025 Collective Bargaining Agreement Page 58 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
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2022-2025 Collective Bargaining Agreement Page 59 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Evergreen Public Schools
Classified Personnel
Plan of Improvement
Employee Name:
Job Title:
Location:
Identification of
Areas for
Improvement:
Specific Indicator(s).
A.
Specific examples of nonperformance:
B. Expectations:
C. Recommendations:
Principal/Manager Comments:
Specific time line: (minimum 4 weeks).
Employee’s comments:
Principal/Manager’s Signature:
Date:
Employee’s Signature*:
Date:
*Your signature indicates that you have read and discussed the Evaluation Tool and the Plan of Improvement with
your Administrator.
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2022-2025 Collective Bargaining Agreement Page 62 of 63
PSE of Evergreen PSE September 1, 2022
Evergreen Public Schools No. 114
Memorandum of Understanding 1
2
THIS MEMORANDUM OF UNDERSTANDING SETS FORTH THE FOLLOWING AGREEMENT 3
BETWEEN PUBLIC SCHOOL EMPLOYEES OF EVERGREEN PSE, AN AFFILIATE OF PUBLIC 4
SCHOOL EMPLOYEES OF WASHINGTON/SEIU LOCAL 1948, AND THE EVERGREEN SCHOOL 5
DISTRICT NO. 114 PURSUANT TO ARTICLE XXII, SECTION 22.3, OF THE CURRENT 6
COLLECTIVE BARGAINING AGREEMENT. 7
8
WHEREAS, during the 2021-2022 school year, Jodi Coker and Sabrina McFarland (herein “Employees”) 9
both transferred from their Bus Driver position to their current positions of Assistant Dispatcher. Though 10
Employees had over 9 years of experience, at the time of their change of assignment, both employees were 11
on a bus driver salary Step 1, due to the bus driver salary rate on the 2021-2022 Salary Schedule A having 12
one salary step. Because the Assistant Dispatcher position is a higher level position than a bus driver, and 13
because there was only one bus driver pay rate step to use, Employees were placed at the Assistant 14
Dispatcher salary Step 1 pay rate, as that was the pay rate step closest to, but not lower than, their Bus Driver 15
rate (following current placement practice). Employees received an incremental step increase to Step 2 at the 16
beginning of the 2022-2023 school in their Assistant Dispatcher position. 17
18
WHEREAS, under the newly approved 2022-2023 Salary Schedule A, incremental salary pay rate steps were 19
added to the bus driver and assistant dispatcher salary scale. Had Employees been given the opportunity of 20
incremental salary pay rate steps, similar to the new salary schedule A, when they worked as a bus driver for 21
9+ years, they both would have been at the highest bus driver pay rate Step 6 when they had their change of 22
assignment to the assistant dispatcher; therefore, allowing for a higher assistant dispatcher pay rate step 23
placement. But due to not having this type of incremental pay rate opportunity, and their current assistant 24
dispatcher salary pay rate being at Step 2, their Step 2 rate of pay based on the new approved 2022-2023 25
Salary Schedule A is less than what they would have been making had they remained a bus driver and been 26
placed at Step 6. 27
28
AND WHEREAS, if Employees resigned from their assistant dispatcher positions to go back to being bus 29
drivers and then apply for the open positions they vacated, they would be placed differently on the assistant 30
dispatcher Schedule A, as they’d be at a higher step. 31
32
NOW, THEREFORE, the parties agree the Employees will be given the opportunity to have their 2022-2023 33
rate of pay recalculated to what it would be had the new incremental pay rate steps been in place last school 34
year when they had their change of assignment. This is a rare and unique situation due to the new Schedule 35
A having added experience steps in both classifications directly impacting these two employees. Employees 36
new 22/23 school year salary placement will be based as the following recalculated salary placements: 37
38
21/22 School Year placement recalculated: 39
Bus Driver Salary Step = Step 6 (due to work years in position) 40
Change of assignment to Assistant Dispatcher salary placement = Step 4 (pay rate step closest to but 41
not lower than bus driver Step 6) 42
43
22/23 School Year placement: 44
Incremental step increase = Step 5 45
46
Employees will also have their 10-year longevity percentage added to their new pay rate step. 47
48
49
50
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 
MEMORANDUM OF UNDERSTANDING
2
3 THE PURPOSE OF THIS MEMORANDUM
OF
UNDERSTANDING
IS
TO
SET
FORTH
THE
4 FOLLOWING AGREEMENT(S) BETWEEN PUBLIC SCHOOL EMPLOYEES OF EVERGREEN
s OFFICE-CLERICAL,
AN
AFFILIATE OF PUBLIC SCHOOL EMPLOYEES
OF
WASHINGTON I
6 SEIU LOCAL 1948, AND THE EVERGREEN SCHOOL DISTRICT NO.
114.
THIS AGREEMENT
1
IS
ENTERED INTO PURSUANT TO ARTICLE
V,
SECTION 5.3
OF
THE CURRENT
s COLLECTIVE BARGAINING AGREEMENT.
9
10
Due
to
the impacts
of
changes to the school calendar, the parties agree
to
the following:
ll
12
For
lhe 2023-2024 school
year
only, the parties agree to amend Section
8.1
as follows:
13
14
I.
Employees
who
were eligible for the
Labor
Day holiday as
of
August 30, 2023, due to
an
1s
Evergreen Education Association work stoppage and school closure, will
be
made whole through
16
spread pay
if
they were in a paid status
on
Monday, September
11,
2023 and
we
agree to waive the
11
current
CBA
language
of
needing to
be
in
a paid status the day before the holiday. Employees
who
1s
are not spread pay will be paid for the holiday
in
their November paycheck. This is a one-time non-
19
precedent setting event.
20
21
2. Employees
who
are
able
to
provide documentation (Example: airline ticket, non-refundable hotel
22 reservation) for arrangements made prior
lo
August 30th must submit documentation to the Human
23
Resources Department for either
November
22
or
December
20
to receive pre-approval for the
24
absence, and employees may
be
approved to use emergency leave. Additional requests
for
other
2s
pre-purchased travel plans will be reviewed
on
a case-by-case basis.
If
an employee requests
26 unpaid leave, they will complete the internal
form
and attach the documentation to the
Human
21 Resources department
for
pre-approval.
28
29
3. Employees
who
do
not have pre-paid documentation for arrangements made prior to August 30th
10
to
the Human Resources Department for pre-planned trips scheduled for either November 22nd
or
Jt
December 20th may request unpaid leave.
The
requests will be reviewed
on
a case-by•case basis
32
based upon hardship
or
unforeseen circumstances as outlined in section 9.5.
33
34
35
This
Memorandum
of
Understanding will be effective upon signature and expire August 31, 2024.
36
37
38 PUBLIC SCHOOL EMPLOYEES
39
OF WASHINGTON/
SEIU
Local
1948
40
41
42
43
44
4S
46
47
411
PUBLIC SCHOOL EMPLOYEES
OF EVERGREEN
PSE
NO. 507
8~~61~1,
- f
~
Mindyffer.
per,
ChaptePresident
DATE:
11-8-aO~'Q
MOU
(Impacts
of
School Calendar Changes)
PSE
of
Evergreen-PSE
Evergreen School District No.114
DATf-:___._l
.......
/,
......
3
___
-
_2Q._._2.3
_______
_
November
3,
2023
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Letter of Agreement (Schedule A 24-25) June 20, 2024
PSE of Evergreen-PSE Page 2 of 5
Evergreen School District No.114
Schedule A
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Evergreen Public Schools No. 114
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September 1, 2024 August 31, 2025
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Letter of Agreement (Schedule A 24-25) June 20, 2024
PSE of Evergreen-PSE Page 3 of 5
Evergreen School District No.114
Schedule A
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Evergreen Public Schools No. 114
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September 1, 2024 August 31, 2025
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Letter of Agreement (Schedule A 24-25) June 20, 2024
PSE of Evergreen-PSE Page 4 of 5
Evergreen School District No.114
Schedule A
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Evergreen Public Schools No. 114
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September 1, 2024 August 31, 2025
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Letter of Agreement (Schedule A 24-25) June 20, 2024
PSE of Evergreen-PSE Page 5 of 5
Evergreen School District No.114
Schedule A
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Evergreen Public Schools No. 114
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September 1, 2024 August 31, 2025
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