T A B L E O F C O N T E N T S
Page
DECLARATION OF PRINCIPLES 1
PREAMBLE 1
ARTICLE I RECOGNITION AND COVERAGE OF AGREEMENT 1
ARTICLE II RIGHTS OF THE EMPLOYER 2
ARTICLE III RIGHTS OF EMPLOYEES 3
ARTICLE IV RIGHTS OF THE ASSOCIATION 4
ARTICLE V APPROPRIATE MATTERS FOR CONSULTATION AND NEGOTIATION 5
ARTICLE VI ASSOCIATION REPRESENTATION 6
ARTICLE VII HOURS OF WORK AND OVERTIME 6
ARTICLE VIII HOLIDAYS AND VACATIONS 11
ARTICLE IX LEAVES 13
ARTICLE X PROBATION, SENIORITY AND LAYOFF PROCEDURES 15
ARTICLE XI DISCIPLINE AND DISCHARGE OF EMPLOYEES 18
ARTICLE XII INSURANCE AND RETIREMENT 18
ARTICLE XIII VOCATIONAL TRAINING 21
ARTICLE XIV ASSOCIATION MEMBERSHIP AND CHECKOFF 22
ARTICLE XV GRIEVANCE PROCEDURE 24
ARTICLE XVI TRANSFER OF PREVIOUS EXPERIENCE 27
ARTICLE XVII SALARIES AND EMPLOYEE COMPENSATION 27
ARTICLE XVIII TERM AND SEPARABILITY OF PROVISIONS 30
SIGNATURE PAGE 31
SCHEDULE A 2022-2023 32
APPENDIX A CLASSIFIED ANNUAL EVALUATION FORM
Cook
Media Specialist
Instructional Assistant
Secretary
Lunchroom Monitor
District Nurse
Playground Monitor
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the Concrete School District #11
D E C L A R A T I O N O F P R I N C I P L E S 1
2
1. Participation of employees in the formulation and implementation of personnel policies affecting 3
them contributes to effective conduct of school business. 4
5
2. The efficient administration of the system of public instruction and well-being of employees requires 6
that orderly and constructive relationships be maintained between the parties hereto. 7
8
3. Subject to law and the paramount consideration of service to the public, employee-management 9
relations should be improved by providing employees an opportunity for greater participation in the 10
formulation and implementation of policies and procedures affecting the conditions of their 11
employment. 12
13
4. Effective employee-management cooperation requires a clear statement of the respective rights and 14
obligations of the parties hereto. 15
16
5. It is the intent and purpose of the parties hereto to promote and improve the efficient administration 17
of the District and the well-being of employees within the spirit of the Public Employees Collective 18
Bargaining Act, to establish a basic understanding relative to personnel policies, practices and 19
procedures, and to provide means for amicable discussion and adjustment of matters of mutual 20
interest. 21
22
23
24
P R E A M B L E 25
26
This contract is made and entered into between Concrete School District Number 11 (hereinafter 27
"District") and Public School Employees of Concrete School District, an affiliate of Public School 28
Employees of Washington/SEIU Local 1948 (hereinafter "Association"). 29
30
In accordance with the provisions of the Public Employees Collective Bargaining Act and regulations 31
promulgated pursuant thereto, and in consideration of the mutual covenants contained therein, the parties 32
agree as follows: 33
34
35
36
A R T I C L E I 37
38
RECOGNITION AND COVERAGE OF AGREEMENT 39
40
Section 1.1. 41
The District hereby recognizes the Association as the exclusive representative of all employees in the 42
bargaining unit described in Section 1.4, and the Association recognizes the responsibility of 43
representing the interests of all such employees. 44
45
46
47
48
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Section 1.2. 1
Nothing contained herein shall be construed to include in the bargaining unit any person whose duties as 2
deputy, administrative assistant, or secretary necessarily imply a confidential relationship to the Board of 3
Directors or Superintendent of the District pursuant to RCW 41.56.030 (2). 4
5
Section 1.3. 6
Descriptions for all positions subject to this Agreement shall be as specified in Section 1.3.1 and shall 7
remain in effect during the term of this Agreement. Modification of existing positions or the creation of 8
new positions shall require consultation pursuant to Article V and mandatory salary negotiation. 9
10
Section 1.3.1. 11
Current position descriptions shall be identified by Schedule A title and date of adoption. 12
Position descriptions shall be provided to the Association President and shall be reviewed 13
annually. 14
15
Section 1.4. 16
The bargaining unit to which this Agreement is applicable shall consist of all classified employees in the 17
following job classifications: Custodial, Maintenance, Food Service, Transportation, Secretarial, 18
Paraeducators, Nursing Services, Technology and Family Intervention Specialist. Except: the 19
Administrative Assistant, Business Manager, Accounts Payable Secretary, Payroll Accountant, 20
Transportation Supervisor and Custodial/Maintenance Supervisor. 21
22
Section 1.4.1. 23
Substitute employees who are employed for thirty-one (31) or more days in a calendar year and 24
who continue to be available for employment are subject to representation but are subject solely 25
to Schedule A, Step 1. 26
27
28
29
A R T I C L E I I 30
31
RIGHTS OF THE EMPLOYER 32
33
Section 2.1. 34
It is agreed that the customary and usual rights, powers, functions, and authority of management are 35
vested in management officials of the District. Included in these rights in accordance with and subject to 36
applicable laws, regulations, and the provisions of this Agreement, is the right to direct the work force, 37
the right to hire, promote, retain, transfer, and assign employees in positions; the right to suspend, 38
discharge, demote, or take other disciplinary action against employees; and the right to release 39
employees from duties because of lack of work or for other legitimate reasons. The District shall retain 40
the right to maintain efficiency of the District operation by determining the methods, the means, and the 41
personnel by which operations undertaken by the employees in the unit are to be conducted. 42
43
Section 2.2. 44
The right to make reasonable rules and regulations shall be considered acknowledged functions of the 45
District. In making rules and regulations relating to personnel policies, procedures and practices, and 46
matters of working conditions, the District shall give due regard and consideration to the rights of the 47
Association and the employees and to the obligations imposed by this Agreement. 48
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A R T I C L E I I I 1
2
RIGHTS OF EMPLOYEES 3
4
Section 3.1. 5
It is agreed that all employees subject to this Agreement shall have and shall be protected in the exercise 6
of the right, freely and without fear of penalty or reprisal, to join and assist the Association. The 7
freedom of such employees to assist the Association shall be recognized as extending to participation in 8
the management of the Association, including presentation of the views of the Association to the Board 9
of Directors of the District or any other governmental body, group, or individual. The District shall take 10
whatever action required or refrain from such action in order to assure employees that no interference, 11
restraint, coercion, or discrimination is allowed within the District to encourage or discourage 12
membership in any employee organization. 13
14
Section 3.2. 15
Each employee shall have the right to bring matters of personal concern to the attention of appropriate 16
Association representatives and/or appropriate officials of the District. 17
18
Section 3.3. 19
Employees subject to this Agreement have the right to have Association representatives or other persons 20
present at discussions between themselves and supervisors or other representatives of the District as 21
hereinafter provided. 22
23
Section 3.4. 24
Each employee reserves and retains the right to delegate any right or duty contained in this Agreement, 25
exclusive of compensation for services rendered, to appropriate officials of the Association. 26
27
Section 3.5. 28
Neither the District, nor the Association, shall discriminate against any employee subject to this 29
Agreement on the basis of race, creed, color, sex, religion, age or marital status or because of a physical 30
handicap with respect to a position, the duties of which may be performed efficiently by an individual 31
without danger to the health or safety of the physically handicapped person or others. 32
33
Section 3.6. 34
Regular employees shall be formally evaluated at least once annually by their immediate supervisor. A 35
regular employee may submit in writing, to his/her immediate supervisor, a request that an informal mid-36
year evaluation be conducted on or before January 1. Pursuant to Section 10.2., probationary employees 37
shall be formally evaluated at the end of their third (3rd) month of employment and again during their 38
fifth (5th) month of employment. Supervisors shall use the Performance Appraisal Form which is 39
attached to the Agreement as an Appendix. 40
41
All evaluations shall be discussed with the employee. A copy of the evaluation shall be given to the 42
employee and a copy shall be placed in the employee's personnel file. Within five (5) working days of 43
receipt of the evaluation, the employee may attach his or her own comments to the evaluation. These 44
comments will become a permanent part of the evaluation. In the event the employee receives an 45
evaluation which contains a rating of "Need Improvement" or "Unsatisfactory" the evaluator, after 46
consultation with the employee, shall develop a written plan to improve the employee's performance in 47
the deficient area(s). 48
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1
Section 3.7. 2
Employees will be given a copy of all material added to the central office personnel file at the time such 3
material is added to the file. Each employee will have the right, upon request to the Superintendent's 4
secretary, to schedule an appointment to review the contents of his or her personnel file. 5
6
An employee may obtain copies of the documents made available under this Section. No record, file or 7
document pertaining to an employee will be made available to any unauthorized person for photocopy or 8
inspection. 9
10
Employees shall have the right to respond in writing to all additions in the personnel file. Such additions 11
shall be made a part of the file. Disciplinary material will be removed from an employee's file two (2) 12
years after inclusion, provided that no disciplinary material has been added during the past year. 13
14
15
16
A R T I C L E I V 17
18
RIGHTS OF THE ASSOCIATION 19
20
Section 4.1. 21
The Association has the right and responsibility to represent the interests of all employees in the unit; to 22
present its views to the District on matters of concern, either orally or in writing. 23
24
Section 4.2. 25
The Association shall promptly be notified by the District and the employee affected of any grievances 26
or disciplinary actions of any employee in the unit in accordance with the provisions of the Discharge 27
and Grievance Procedure Articles contained herein. The Association is entitled to have an observer at 28
hearings conducted by any District official or body arising out of grievances or disciplinary actions and 29
to make known the Association's views concerning the case. 30
31
Section 4.3. 32
The District shall provide each new employee with a copy of this Agreement to be furnished to the 33
District by the Association. 34
35
Section 4.4. 36
The Association reserves and retains the right to delegate any right or duty contained herein to 37
appropriate officials of the Public School Employees of Washington State Organization. 38
39
Section 4.5. 40
On or before October 15, the District shall provide the Association President with the following 41
information for each current employee: the number of hours worked, hourly rate, hire date, work 42
assignment and classification. A list of all new employees with the above information shall be provided 43
to the Association President within ten (10) working days of hire. The information provided shall be 44
supplemented and revised as changes occur. 45
46
47
48
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Section 4.6. 1
Representatives of the Association, upon making their presence known to the District, shall have access 2
to the District premises during business hours, provided, that no conferences or meetings between 3
employees and Association representatives will in any way hamper or obstruct the normal flow of work. 4
5
Section 4.7. Bulletin Boards. 6
The District shall provide a bulletin board space in each school for the use of the Association. The 7
bulletins posted by the Association are the responsibility of the officials of the Association. Each 8
bulletin shall be signed by the Association official responsible for its posting. The responsibility for the 9
prompt removal of notices from the bulletin boards after they have served their purpose shall rest with 10
the individual who posted such notices. 11
12
Section 4.8. 13
Elected union representatives will be provided time off without loss of pay to attend mutually scheduled 14
meetings with District officials. The Association will be provided time off without loss of pay to a 15
maximum of fifteen (15) days per year to attend regional or state union meetings. At least a one (1) week 16
notice in advance is required and the Association will pay for substitute time actually worked if a regular 17
work schedule is missed by an employee. 18
19
Section 4.9. 20
Any classified employee working a night shift will be allowed to attend Association meetings for a 21
maximum of ninety (90) minutes per meeting without loss of pay; provided their building is secured and 22
locked before leaving, and provided further, that they shall complete their regular duties. 23
24
25
26
A R T I C L E V 27
28
APPROPRIATE MATTERS FOR CONSULTATION AND NEGOTIATION 29
30
Section 5.1. 31
It is agreed and understood that matters appropriate for consultation and negotiation between the District 32
and the Association are programs relating to or affecting hours, wages, grievance procedures and general 33
working conditions of employees in the bargaining unit subject to this Agreement. 34
35
Section 5.2. 36
It is further agreed and understood that the District will consult with the Association and meet with the 37
Association upon its request in the formulation of any changes being considered in the existing 38
Agreement. 39
40
Section 5.3. 41
It is further recognized that this Agreement does not alter the responsibility of either party to meet with 42
the other party to advise, discuss or consult regarding matters concerning working conditions not 43
covered by this Agreement. 44
45
46
47
48
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Section 5.4. 1
At the request of the Chapter President, the Superintendent will meet with the Chapter President to 2
discuss the Association's possible concerns relative to establishment of the student school calendar. 3
4
5
6
A R T I C L E V I 7
8
ASSOCIATION REPRESENTATION 9
10
Section 6.1. 11
When formal meetings are held between representatives of the Association and representatives of the 12
District, formal minutes shall be prepared upon the request of either party. The Association will arrange 13
for the preparation of such minutes and a draft will be made available to the representatives of the 14
District for review prior to final preparation. The District will be furnished copies of the completed 15
minutes. The cost shall be shared equally by the District and the Association. The recording secretary 16
must be mutually approved by the District and the Association. 17
18
Section 6.2. 19
The Association representatives shall represent the Association and employees in meeting with officials 20
of the District to discuss appropriate matters of mutual interest. They may receive and investigate to 21
conclusion complaints or grievances of employees and thereafter advise employees of rights and 22
procedures outlined in this contract and applicable regulations or directives for resolving the grievances 23
or complaints after the first step. 24
25
Section 6.3. 26
The Association will designate a Conference Committee of five (5) members who will meet with the 27
Superintendent of the District and the Superintendent's representatives on a mutually agreeable basis to 28
discuss appropriate matters. 29
30
31
32
A R T I C L E V I I 33
34
HOURS OF WORK AND OVERTIME 35
36
Section 7.1. 37
The workweek shall consist of five (5) consecutive days, Monday through Friday, followed by two (2) 38
consecutive days of rest, Saturday and Sunday; provided, however, the District may assign an employee 39
to a workweek of any five (5) consecutive days which are followed by two (2) consecutive days of rest. 40
41
Section 7.2. 42
Each employee shall be assigned to a definite and regular shift and workweek, which shall not be 43
changed without prior notice to the employee of two (2) calendar weeks, except in cases of emergency. 44
45
Section 7.3. 46
Each employee shall be assigned to a definite shift with designated times of beginning and ending. The 47
first shift is defined as any work shift beginning between 5:00 A.M. and 11:59 A.M. The second shift is 48
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defined as any work shift beginning between 12:00 noon and 9:59 P.M. The third shift is defined as any 1
work shift beginning between 10:00 P.M. and 4:59 A.M. 2
3
Section 7.3.1. 4
The first shift shall consist of eight and one-half (8-1/2) hours, for eight (8) hours compensation, 5
including a thirty (30) minute uninterrupted lunch period as near the middle of the shift as is 6
practicable, and also including a fifteen (15) minute first half and a fifteen (15) minute second 7
half rest period, both of which rest periods shall occur as near the middle of each half shift as is 8
practicable. 9
10
Section 7.3.2. 11
The second shift shall consist of eight and one-half (8-1/2) hours, for eight (8) hours 12
compensation, including a thirty (30) minute uninterrupted lunch period as near the middle of the 13
shift as is practicable, and also including a fifteen (15) minute first half and a fifteen (15) minute 14
second half rest period, both of which rest periods shall occur as near the middle of each half 15
shift as is practicable. 16
17
Section 7.3.3. 18
The third shift shall consist of eight and one-half (8-1/2) hours, for eight (8) hours compensation, 19
including a thirty (30) minute uninterrupted lunch period as near the middle of the shift as is 20
practicable, and also including a fifteen (15) minute first half and a fifteen (15) minute second 21
half rest period, both of which rest periods shall occur as near the middle of each half shift as is 22
practicable. 23
24
Section 7.4. 25
In the event an employee is assigned to a shift less than the normal work shift previously defined in this 26
Article, the employee shall be given a fifteen (15) minute rest period within each four (4) hours of work. 27
28
Section 7.5. 29
Employees required to work through their regular lunch periods will be given time to eat at a time 30
agreed upon by the employee and supervisor. In the event the District requires an employee to forego a 31
lunch period and the employee works the entire shift, including the lunch period, the employee shall be 32
compensated for the foregone lunch period at overtime rates. 33
34
Section 7.6. 35
Employees requested to work a shift regularly filled by a higher classification employee shall receive 36
compensation equal to that normally received by the employee in the higher classification. 37
38
Section 7.7. 39
In the event of a school closure due to inclement weather, plant inoperation, or the like, the District will 40
make every effort to notify each employee to refrain from coming to work. Employees reporting to 41
work shall receive a minimum of two (2) hours pay at base rate in the event of such a closure; provided, 42
however, no employee shall be entitled to any such compensation in the event of actual notification by 43
the District of the closure prior to leaving home for work. 44
45
46
47
48
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Section 7.7.1. 1
Both parties agree that due to school closures caused by inclement weather that the classified 2
employees shall suffer no loss of pay because of make-up days being waived by the State of 3
Washington. 4
5
Furthermore, both parties agree that the following options shall be made available to affected 6
employees not required to work during suspended operation/road restrictions: 7
8
1. Annual leave (vacation), personal leave, emergency leave; 9
2. Leave without pay; or 10
3. Reasonable opportunity to make up work time lost as a result of suspended 11
operation/road restrictions. 12
13
Ref. WAC 357.31.244 14
15
Section 7.8. 16
Only employees, employed regularly as classified employees, will be used to fill job assignments within 17
their respective classifications for which compensation is granted, unless no qualified employee of a 18
needed classification is available. 19
20
Section 7.9. 21
Recognizing that personnel in the Transportation classification present special shift problems, the parties 22
agree that shifts shall be established in that classification in relation to routes and driving times requisite 23
to fulfilling tasks assigned by the Supervisor of Transportation; provided, however, that employees in 24
the Transportation classification shall be entitled to the benefits of Section 7.4 to the same degree as any 25
other employee; and provided further that all bus drivers shall receive one-half (1/2) hour pay per day for 26
the purpose of bus cleanup and bus warmup in addition to actual hours of driving time. All trips other 27
than regular daily scheduled bus runs shall be compensated at the employee's base hourly rate for driving 28
time and the rate specified in Schedule A for all standby time; provided, however, that bus drivers shall 29
be subject to the provisions relative to overtime hereinafter provided. If there are thirty (30) minutes or 30
less between assignments, the base hourly rate shall continue uninterrupted. Drivers shall receive a 31
minimum of two (2) hours pay for each duty call. A duty call is defined as any work other than the 32
normal work shift and workday, noncontiguous with the normal work shift or workday. 33
34
Section 7.9.1. Contiguous Time. 35
To receive pay for contiguous time, drivers will be expected to work during the contiguous time 36
between assignments. The duties performed shall be transportation related duties and a list shall 37
be created and posted by the Transportation Supervisor of those duties available to the drivers. 38
Should there be no duties available to the drivers, the driver’s base hour rate shall continue 39
uninterrupted. If a driver chooses to not work during the contiguous time, the driver will not 40
receive pay for this time. 41
42
Section 7.9.2. 43
Consistent with the parties practice in assignment of extra bus trips, such trips will be assigned 44
on the basis of seniority, except in cases where the trip is of such a duration the District would be 45
obligated to pay overtime. If all eligible extra trip drivers have worked forty (40) hours in a 46
week, all additional work shall be assigned on the basis of seniority. 47
48
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Section 7.9.3. 1
It is the intent of the parties to not replace regular bus drivers on extra bus trips by use of 2
individuals with Type II driver certification. Nor is it the intent of the parties to use Type II 3
drivers to drive regular routes, except in the case of an emergency. In instances where more than 4
twelve (12) students are to be transported, a school bus and regular (Type I) driver will be 5
utilized. Type II drivers utilized by the District will be school district employees driving school 6
district vehicles, will have successfully completed the Type II driver class, and will be subject to 7
a driver abstract every three (3) years. Additionally, any equipment in the vehicle with the 8
students will be safely secured. The District agrees to inform and consult with the Association if 9
it chooses to transport students in a manner contrary to the procedures set forth in this section. 10
The parties mutually agree that Type II drivers may take up to three (3) trips annually, 11
transporting up to fifteen (15) students for ASB approved club related activities. 12
13
Section 7.9.4. Drug Testing. 14
Random drug testing of employees, as required by state law, will be guided by the following 15
concepts: 16
17
A. Employees who voluntarily come forward to inform the District of a drug and/or alcohol 18
dependency and of their immediate intent to enter a licensed treatment program will be 19
granted leave without pay. 20
21
B. Employees will not be required to undergo testing and evaluation procedures on a 22
non-workday. 23
24
C. All costs involved in any District required testing and evaluation procedures shall be 25
borne by the District. However, any costs involved in return to duty testing, follow-up 26
testing after a positive test result or employee requested testing, shall be borne by the 27
employee. 28
29
D. Employees required to undergo testing will be given the opportunity by the District to 30
review testing policies and procedures prior to the time of testing. 31
32
E. Testing results, including the fact that an employee is tested, shall remain confidential. 33
Any written materials or information associated with such testing shall be retained in a 34
secure confidential file to which only the Superintendent and/or designee and the 35
employee shall have access. 36
37
F. Employees shall be placed on a paid leave of absence during any period they are off work 38
due to testing or evaluation requirements or results and prior to a final determination of 39
employment status. 40
41
G. Discipline imposed as a result of confirmed positive testing shall be appropriate to the 42
severity of the confirmed offense. Procedures for reinstatement to driving duties shall be 43
applied uniformly and consistently. 44
45
46
47
48
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Section 7.10. Overtime. 1
In the assignment of overtime, the District agrees to provide the employee with as much advance notice 2
as practicable in the circumstances. Normally, employees designated to work overtime on days outside 3
their regular workweek will be advised of the possibility no later than twenty-four (24) hours prior to the 4
end of the last shift before the overtime commences, except in cases of emergency. 5
6
Section 7.10.1. 7
All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be 8
compensated at the rate of one and one-half (1½) times the employee's base pay. 9
Notwithstanding the above provision, Bus Drivers shall be excluded from receiving one and one-10
half (1½) times the employee's base pay for over eight (8) hours a day. 11
12
Section 7.10.2. 13
All hours worked on the sixth (6th) consecutive day shall be compensated at the rate of one and 14
one-half (1½) times the employee's base pay. 15
16
Section 7.10.3. 17
All hours worked on the seventh (7th) consecutive day shall be compensated at the rate of twice 18
the employee's base pay. 19
20
Section 7.10.4. 21
Employees called back on a regular workday or called on the sixth (6th) or seventh (7th) 22
consecutive workday, shall receive no less than two (2) hours pay at the appropriate rate. Except 23
for attendance at scheduled school activities, the term “call back” applies when an employee has 24
left the campus and is called back to work. 25
26
Section 7.11. Compensatory Time Off. 27
An employee may, at his/her option, request compensatory time off in lieu of overtime compensation or 28
payment for hours worked beyond the employee's normal work shift. Compensatory time, if granted, 29
may be accrued; provided, however, the records shall be maintained and there must be a reasonable 30
expectation the employee will be provided an opportunity to expend the accrued time. Compensatory 31
time shall be used within the pay period or the subsequent pay period in which the time is earned. If the 32
employee requests use of compensatory time and is denied the opportunity during the time period 33
referred to in the previous sentence, then the District agrees to compensate the employee for the time 34
worked. The District shall not solicit employees to accept compensatory time in lieu of other 35
compensation. Compensatory time in lieu of overtime as provided in this Article shall be accrued at the 36
rate of one and one-half (1-1/2) hours for each hour worked. 37
38
Section 7.12. Flex Time. 39
Employees may request flex time, which allows an employee to trade time in one’s schedule and must 40
occur within the work week of the request. Flex time does not include the trading of hours/time between 41
employees. Overtime hours are not involved. All flex time must be pre-approved by the employee’s 42
building administrator. 43
44
Section 7.13. Four (4) Day, Ten (10) Hour Workweek. 45
While the students are away from school during the summer, the workweek and shift for two-hundred 46
sixty (260) day employees may consist of four (4) consecutive days of ten and one-half (10 ½) hours a 47
day, including a thirty (30) minute uninterrupted non-paid lunch period as near the middle of the shift as 48
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is practicable, and also including a twenty (20) minute first half and a twenty (20) minute second half 1
rest period, both of which rest periods shall occur as near the middle of each half shift as is practicable. 2
3
Section 7.13.1. 4
All hours worked on the fifth (5
th
) consecutive day by employees listed in Section 7.13 shall be 5
compensated at the rate of one and one-half (1 ½) times the employee’s base rate. All hours 6
worked on the fifth (5
th
) consecutive day in excess of eight (8) hours and in excess of forty (40) 7
hours shall be compensated at a rate twice the employee’s base rate. 8
9
Section 7.13.2. 10
All hours worked on the sixth (6
th
) and seventh (7
th
) consecutive days by employees listed in 11
Section 7.13 shall be compensated at the rate twice the employee’s base rate. 12
13
Section 7.14. 14
Regular summer hours of employment shall be offered annually to employees consistent with Article X. 15
16
17
18
A R T I C L E V I I I 19
20
HOLIDAYS AND VACATIONS 21
22
Section 8.1. Holidays. 23
All employees shall receive the following paid holidays that fall within their work year: 24
25
1. Day before New Year's Day 9. Veterans' Day 26
2. New Year's Day 10. Day before Thanksgiving Day 27
3. Martin Luther King Day 11. Thanksgiving Day 28
4. Presidents' Day 12. Native American Heritage Day/Day after Thanksgiving 29
5. Memorial Day after Thanksgiving Day 30
6. Juneteenth 13. Day before Christmas 31
7. Independence Day 14. Christmas Day 32
8. Labor Day 15. Day after Christmas 33
34
Section 8.1.1. Unworked Holidays. 35
Eligible employees shall receive pay equal to their normal work shift at their base rate in effect at 36
the time the holiday occurs. Employees who are on the active payroll on the holiday and have 37
worked either their last scheduled shift preceding the holiday or their first scheduled shift 38
succeeding the holiday, and are not on leave of absence, shall be eligible for pay for such 39
unworked holiday. An exception to this requirement will occur if employees can furnish proof 40
satisfactory to the District that because of illness they were unable to work on either of such 41
shifts, and the absence previous to such holiday, by reason of such illness, has not been longer 42
than thirty (30) regular workdays. 43
44
Section 8.1.2. Worked Holidays. 45
Employees who are required to work on the above described holidays shall receive the pay due 46
them for the holiday, plus one and one-half (1-1/2) times their base rate for all hours worked on 47
such holidays. 48
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Section 8.1.3. Holidays During Vacation. 1
Should a holiday occur while an employee is on vacation, the employee shall be allowed to take 2
one (1) extra day of vacation with pay in lieu of the holiday as such. 3
4
Section 8.2. Vacations. 5
Only full-time employees shall be eligible for vacation. Full-time employees are those employees 6
working throughout the school year (September 1 through August 31). 7
8
Section 8.2.1. 9
School year employees will receive a vacation stipend, added to their individual salaries, as 10
reflected on Schedule A, per year per FTE for vacation credit. The FTE amount will be included 11
in the June paycheck for school year employees. The individual FTE will be calculated in a two 12
thousand eighty (2,080) hour basis and will be calculated on the year's actual number of hours 13
worked. Full-time employees shall be granted vacation time off with pay as follows: ten (10) 14
days after one (1) year of completed service, twelve (12) days after five (5) years of completed 15
service, fifteen (15) days after eight (8) years of completed service, and twenty (20) days after 16
fifteen (15) years of completed service. 17
18
Section 8.3. 19
Time on layoff and time on authorized leave of absence will be counted as continuous service for the 20
purpose of establishing and retaining eligibility dates. 21
22
Section 8.4. 23
Except as provided in the following section, any vacation credit currently due but unused by the new 24
accrual date each year may be carried over for one (1) year following the accrual date with the approval 25
of the immediate supervisor and administration. No vacation may be carried over for more than one (1) 26
year beyond the date on which it became due; provided, however, no employee shall be denied accrued 27
vacation benefits due to District employment needs. 28
29
30
31
A R T I C L E I X 32
33
LEAVES 34
35
Section 9.1. Illness, Injury And Emergency Leave. 36
37
Section 9.1.1. Disability and Emergency Leave. 38
Employees will receive twelve (12) days annual leave for illness, injury and emergency leave. 39
Unused days shall accumulate to the extent allowed by law. Less than full time (partial year or 40
fractional FTE) employees shall be allowed illness, injury and emergency leave equivalent to the 41
hours of their normal workday. Illness, injury and emergency leave shall be vested when earned 42
and may be accumulated up to the legal maximum. The District shall project the number of 43
annual days of illness, injury and emergency leave at the beginning of the school year. Illness, 44
injury and emergency leave benefits shall be paid on the basis of base hourly rate applicable to 45
the employee’s normal daily work shift; provided, however, that should an employee’s normal 46
daily work shift increase or decrease subsequent to an accumulation of days of illness, injury and 47
emergency leave; illness, injury and emergency leave benefits will be paid in accordance with the 48
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employee’s normal daily work shift at the time the illness, injury and emergency leave is taken, 1
and the accumulated benefits will be expended on an hourly rather than a daily basis. In the 2
event of an illness causing an absence of five (5) or more consecutive days, the employee shall 3
furnish the Employer, if requested, a certificate signed by a physician. 4
5
Emergency leave shall be granted as defined in the following: 6
7
A. The problem must have been suddenly precipitated or must be of such nature that 8
preplanning could not relieve the necessity of the employee's absence; 9
B. The problem must be one of major importance and not a mere convenience; 10
C. It is not the intent of this leave to provide extensions of vacation or holiday leaves 11
because of transportation problems; e.g., failure of an airline to maintain schedules. 12
13
Section 9.1.1.1. Illness, Injury and Emergency Leave Attendance Incentive 14
Program. 15
In January of the year following any year in which a minimum of sixty (60) days of leave 16
for illness or injury is accrued, and each January thereafter, any eligible employee may 17
exercise an option to receive remuneration for unused leave for illness or injury 18
accumulated in the previous year at a rate equal to one (1) days monetary compensation 19
of the employee for each four (4) full days of accrued leave for illness or injury in excess 20
of sixty (60) days. Leave for illness or injury for which compensation has been received 21
shall be deducted from accrued leave for illness or injury at the rate of four (4) days for 22
every one (1) days monetary compensation. 23
24
Section 9.1.1.2. 25
At the time of separation from school district employment due to retirement or death, an 26
eligible employee or the employee's estate shall receive remuneration at a rate equal to 27
one (1) days current monetary compensation for each four (4) full days accrued leave for 28
illness or injury. 29
30
Section 9.1.2. 31
In the event employees are absent for reasons which are covered by Industrial Insurance, the 32
District shall pay the employee an amount equal to the difference between the amount paid the 33
employee by the Department of Labor and Industries and the amount the employee would 34
normally earn. A deduction shall be made from the employee's accumulated illness, injury, and 35
emergency leave in accordance with the amount paid to the employee by the District. 36
37
Section 9.2. Bereavement Leave. 38
Employees shall be allowed up to three (3) days with pay per year per occurrence by a death in the 39
immediate family. Up to three (3) additional days may be granted with prior approval when extended 40
travel is necessary. "Immediate family" is defined as child, spouse, parent or step-parent of the 41
employee, brother or sister, brother-in-law or sister-in-law, father-in-law, mother-in-law, son-in-law, 42
daughter-in-law, grandchild or member of the household. Upon request to the District Superintendent, 43
one (1) additional day of leave may be granted for the death of a member of the employee's extended 44
family or friends. The Superintendent at his/her discretion may grant additional bereavement leave on 45
an individual basis. Bereavement leave is noncumulative. 46
47
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Section 9.3. Emergency Family Leave. 1
Employees may be allowed up to three (3) days with pay per year for absence caused by paternity or 2
serious illness (including preplanned and emergency surgeries) to a member of the employee's family as 3
defined in Section 9.2. Up to three (3) additional days may be granted upon prior approval when 4
extended travel is necessary. Family illness leave is noncumulative. If any additional days over the 5
limit are approved by the Superintendent, they shall be deducted from Illness, Injury, and Emergency 6
Leave. Normally Illness, Injury and Emergency Leave will be used first for personal/family medical 7
illness. 8
9
Section 9.4. Personal Leave. 10
Two (2) days per year shall be granted to employees for Personal Leave. One day may be carried over 11
for one (1) year. Employees will not be required to state any reason for the leave beyond the term 12
"personal." Effective September 1, 2020, employees may carry over personal leave days up to a total of 13
four (4) days. 14
15
The Personal Leave may not be utilized by any employee during either the ten (10) working days 16
starting with the first student day in September or the ten (10) working days ending with the last student 17
day in June. Upon request, the Superintendent may allow exceptions to this limitation. Not more than 18
two (2) employees from each job classification may utilize Personal Leave on any given day; provided, 19
however, that no more than one (1) person in each classification, per work site, may utilize personal 20
leave on the same day. Effective September 1, 2020, personal leave shall not be used to extend a 21
holiday or vacation. The granting of Personal Leave shall be subject to the availability of an appropriate 22
substitute for the employee's position. 23
24
Section 9.5. Maternity Leave. 25
Upon application therefore, the District shall grant maternity leave. Such leave shall commence at such 26
time as the employee, and her medical advisor, deem necessary. Employees granted maternity leave 27
must return to work not later than one (1) year following the granting of the maternity leave. Employees 28
granted maternity leave may, at their option, be allowed compensation for maternity leave in accordance 29
with Section 9.1.1 above. Before returning to work, the employee must be certified by her physician as 30
ready and able to return. 31
32
Section 9.6. Judicial Leave. 33
In the event an employee is summoned to serve as a juror, or appear as a witness in court, or is named as 34
a codefendant with the District, such employee shall receive a normal day’s pay for each day of required 35
presence in court. In the event that an employee is a party in a court action, such employee may request a 36
leave of absence. 37
38
Section 9.7. Leave of Absence. 39
40
Section 9.7.1. 41
Upon recommendation of the immediate supervisor through administrative channels to the 42
Superintendent, and upon approval of the Board of Directors, an employee may be granted a 43
leave of absence for a period not to exceed one (1) year; provided, however, if such leave is 44
granted due to extended illness, one (1) additional year may be granted. 45
46
47
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Section 9.7.2. 1
The returning employee will be assigned to the position occupied before the leave of absence. 2
Employees hired to fill positions of employees on leave of absence will be hired for a specific 3
period of time, during which they shall be subject to all provisions of this Agreement. It shall be 4
the responsibility of the employer to inform replacement employees of these provisions. 5
6
Section 9.7.3. 7
The employee will retain accrued illness, injury and emergency leave, vested vacation rights, and 8
seniority rights while on leave of absence. However, vacation credits, illness, injury, and 9
emergency leave, and seniority shall not accrue while the employee is on leave of absence; 10
provided, however, that if such leave is approved for extended illness or injury, seniority shall 11
accrue. 12
13
Section 9.8. Leave Sharing. 14
An employee may transfer leave to another employee as defined in RCW 41.04.660. 15
16
17
18
A R T I C L E X 19
20
PROBATION, SENIORITY AND LAYOFF PROCEDURES 21
22
Section 10.1. 23
For purposes of this Agreement, the seniority of an employee within the bargaining unit shall be 24
established as of the date on which the employee began continuous daily employment (hereinafter "hire 25
date") unless such seniority shall be lost as hereinafter provided. 26
27
Section 10.2. 28
Each new hire shall remain in a probationary status for a period of not more than six (6) months 29
following the hire date. During this probationary period the District may discharge such employee at its 30
discretion. 31
32
Section 10.3. 33
Upon completion of the probationary period, the employee will be subject to all rights and duties 34
contained in this Agreement retroactive to the hire date. 35
36
Section 10.4. 37
The seniority rights of an employee shall be lost for the following reasons: 38
39
A. Resignation; 40
B. Discharge for justifiable cause; 41
C. Retirement; or 42
D. Change in job classification within the bargaining unit, as hereinafter provided. 43
44
Section 10.5. 45
Seniority rights shall not be lost for the following reasons, without limitation: 46
47
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A. Time lost by reason of industrial accident, industrial illness or judicial leave; 1
B. Time spent on other authorized leaves; or 2
C. Time spent in layoff status as hereinafter provided. 3
4
Section 10.5.1. 5
Seniority rights shall not be lost for time on leave of absence granted for the purpose of serving 6
in the Armed Forces of the United States, to a maximum of two (2) years of such absence. 7
8
Section 10.6. 9
Seniority rights shall be effective within the general job classification. As used in this Agreement, 10
general job classifications are those set forth in Article I, Section 1.4. 11
12
Section 10.7. 13
The employee with the earliest hire date shall have preferential rights regarding shift selection, vacation 14
periods and special services (including overtime). The employee with the earliest hire date shall have 15
preferential rights regarding promotions, assignment to new or open positions, new hours of work within 16
positions and retention of hours during a layoff or restructuring when ability and performance are 17
substantially equal with junior employees. If the District determines that seniority rights should not 18
govern because a junior employee possesses ability and performance substantially greater than a senior 19
employee or senior employees, in those qualifications enumerated in the applicable job descriptions, the 20
District upon written request by the affected employee(s), or the Association President, shall set forth in 21
writing its reasons why the senior employee or employees have been bypassed. Copies of the District's 22
reasons will be provided affected employee(s), the Association President, and the grievance committee 23
chairperson. 24
25
Section 10.7.1. 26
Extra hours of custodial or maintenance work (e.g., grounds, painting, general maintenance) shall 27
be subject to seniority and shall be posted in accordance with Section 10.9. Employees who 28
receive these extra hours shall be paid at the Custodian Step 1 wage rate. 29
30
Section 10.7.2. 31
All bumping by Paraeducators, to avoid layoff, shall be on a lateral or downward level when the 32
senior employee is qualified to perform the duties of the position. The District shall have the 33
authority to direct such a bump between positions that are similar in wages, hours and working 34
conditions during a layoff situation. This shall supersede any and all other areas of this contract 35
language related to layoff and recall, when done in consultation with the Association. 36
37
Section 10.8. 38
Employees who change job classifications within the bargaining unit shall retain their hire dates in the 39
previous classification for a period of one (1) year, notwithstanding that they have acquired a new hire 40
date and a new classification. 41
42
Section 10.9. 43
The District shall publicize within the bargaining unit for five (5) working days the availability of open 44
positions as soon as possible after the District is apprised of the opening. Posting requirements apply if 45
the hours of a position are increased or decreased a total of thirty (30) minutes or more per day in a 46
ninety (90) working day period. A copy of the job posting shall be forwarded to the President of the 47
48
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Association and to the Association representative of the classification concerned. The District shall mail 1
notice of open positions to the unit President for openings that occur during the months that school is not 2
in session. 3
4
Section 10.10. 5
In the event of layoff, employees so affected are to be placed on a re-employment list maintained by the 6
District according to layoff ranking. Such employees are to have priority in filling an opening in the 7
classification held immediately prior to layoff. Names shall remain on the re-employment list for two (2) 8
years. 9
10
Section 10.11. 11
Employees on layoff status shall provide the District with their current address and telephone number(s). 12
Employees may also provide a current e-mail address to the District. All information and preference of 13
notification method must be provided in writing to the District personnel office. It is the employees’ 14
responsibility to notify the District, in writing, of any change of address, phone number(s) or e-mail 15
address. 16
17
Section 10.12. 18
An employee shall forfeit rights to re-employment as provided in Section 10.10 if the employee does not 19
comply with the requirements of Section 10.11, or if the employee does not respond to the offer of re-20
employment within three (3) working days. 21
22
Section 10.13. 23
An employee on layoff status who rejects an offer of re-employment forfeits seniority and all other 24
accrued benefits; provided, that such employee is offered a position substantially equal to that held prior 25
to layoff. 26
27
28
29
A R T I C L E X I 30
31
DISCIPLINE AND DISCHARGE OF EMPLOYEES 32
33
Section 11.1. 34
The District shall have the right to discipline or discharge an employee for justifiable cause. The issue 35
of justifiable cause shall be resolved in accordance with the grievance procedure hereinafter provided. If 36
the District has reason to reprimand an employee, it shall be done in a manner which will not unduly 37
embarrass the employee before other employees or the public. 38
39
Section 11.2. Notification to Non-Annual Employees. 40
This section is intended to be applicable to those employees whose duties necessarily imply less than 41
twelve (12) months (excluding vacations) work per year. 42
43
Section 11.2.1. 44
Should the District decide to discharge or lay off any non-annual employee, the employee shall 45
be so notified in writing prior to the expiration of the school year. 46
47
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Section 11.2.2. 1
Nothing contained herein shall be construed to prevent the District from discharging an employee 2
for acts of misconduct occurring after the expiration of the school year. 3
4
Section 11.2.3. 5
Nothing contained in this section shall in any regard limit the operation of other sections of this 6
Article. 7
8
Section 11.3. 9
The District will give employees two (2) weeks notice of intention to discharge or layoff unless specified 10
otherwise in the job posting. 11
12
13
14
A R T I C L E X I I 15
16
INSURANCE AND RETIREMENT 17
18
Section 12.1. School Employees Benefit Board (SEBB) Program Coverage and Benefits. 19
20
1. The District will implement the State’s mandatory insurance program by the Washington Health 21
Care Authority through the School Employees Benefits Board (SEBB). The District shall pay the 22
full portion of the employer contribution as adopted in the School Employees Health Care 23
Coalition Agreement for all employees who meet the HCA’s eligibility requirements. 24
25
2. For purposes of benefits provided under the SEBB, school year shall mean September 1 through 26
August 31. 27
28
3. Payroll deductions for eligible employee premiums to be paid to the Health Care Authority (HCA) 29
shall be made in the month in which the benefit is received. 30
31
4. The District will provide employees with those benefits offered through SEBB, at a minimum 32
including: 33
34
a. Basic Life and Accidental Death and Dismemberment insurance (AD&D) 35
b. Basic Long-Term Disability insurance 36
c. Vision insurance 37
d. Dental insurance including orthodontia 38
e. Medical Plan insurance 39
40
5. Eligible employees may participate in the Medical Flexible Spending Arrangement (FSA) and 41
Dependent Care Assistance Program (DCAP) offered by SEBB. 42
43
6. Eligible employees may enroll in a Health Savings Account (HSA) when they select a qualifying 44
High Deductible Health Plan (HDHP) for their medical insurance provided that they enroll within 45
the required timeframes as provided in WAC 182-30-100. 46
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7. Eligible employees may utilize payroll deduction for any supplemental insurance that they enroll 1
in through SEBB, (e.g., Supplemental Long-Term Disability). 2
3
Eligibility: 4
5
1. In accordance with WAC 182-31-030, the District will: 6
7
a. Upon employment inform employees in writing whether they are or are not eligible 8
for SEBB benefits and how employees may appeal eligibility and enrollment 9
decisions. 10
b. Routinely monitor all employees’ work hours to establish and maintain the employer 11
contribution toward SEBB benefits coverage. 12
c. Identify when a previously ineligible school employee becomes eligible for a 13
previously eligible school employee loses eligibility. 14
15
Section 12.2. 16
The District shall provide tort liability coverage for all employees subject to this Agreement. 17
18
Section 12.3. 19
The District shall make required contributions for State Industrial Insurance on behalf of all employees 20
subject to this Agreement. 21
22
Section 12.4. 23
The District shall participate appropriately in the unemployment compensation fund requisite to 24
providing unemployment benefits for all employees subject to this Agreement. 25
26
Section 12.5. 27
In determining whether an employee subject to this Agreement is eligible for participation in the 28
Washington State Public Employees' Retirement System, the District shall report all hours worked, 29
whether straight time, overtime, or otherwise. 30
31
Section 12.6. 32
All employees subject to this Agreement shall be entitled to participate in a District approved tax shelter 33
annuity plan. On receipt of a written authorization by an employee, the District shall make the requisite 34
withholding adjustments and deductions from the employee's salary. 35
36
Section 12.7. 37
The District agrees to provide timely information about SEBB insurance plans to eligible employees 38
during the school year (as required or recommended by SEBB) and at each open enrollment period. 39
40
Section 12.8. 41
The District agrees to follow SEBB eligibility rules for employees who are anticipated to work the 42
minimum number of hours to receive the insurance benefits. 43
44
45
46
47
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A R T I C L E X I I I 1
2
VOCATIONAL TRAINING 3
4
Section 13.1. 5
Employees attending training courses required by State regulation or District policy as a condition of 6
continued employment will be paid their regular hourly rate for their position for all time in attendance. 7
Those employees that choose to not attend District provided training sessions when scheduled, shall be 8
required to pay for their registration for trainings in other locations unless attendance and payment is 9
pre-approved by the Superintendent. 10
11
Section 13.2. 12
Employees attending training courses or seminars requested by the employee and approved by the 13
District will suffer no loss of regular salary, if the course requires them to attend on their regular school 14
employment time, but no salary payment will be made for any time an employee would not have 15
regularly worked; however, expenses incurred for transportation and/or training course fees and tuitions 16
will be paid, if previously approved, by the School District. 17
18
Section 13.3. 19
Transportation must be cleared with the School District management so as to pool rides as much as 20
possible. Paid transportation expense allowed will be for the lesser of: (A) Normal and reasonable 21
expenses from the District Administrative Office to the training location and return, or (B) District 22
owned vehicles will normally be used when practicable. 23
24
Section 13.4. 25
The District recognizes that employees desire to improve and broaden their work skills and training. 26
Therefore, a staff development fund for employees of three thousand dollars ($3,000) has been 27
established. Provided that employees maintain current usage of the fund, the District shall carryover the 28
unused funds from year to year for a maximum of five thousand dollars ($5,000). PSE members may 29
apply to the Superintendent for use of the fund for tuition reimbursement, workshop fees and other 30
training/enhancement purposes and other related expenses. Approval of requests will be at the discretion 31
of the Superintendent. 32
33
Section 13.5. Apprenticeship. 34
Upon successful completion of apprenticeship standards and recognition by the Washington Public 35
School Classified Employees Apprenticeship and Training Committee of journey status, the successful 36
employee shall receive an additional hourly stipend added to their individual salaries, as reflected on 37
Schedule A. 38
39
Section 13.6. ESEA. 40
Upon verification that ESEA (Title I) requirements have been met by a paraeducator and a copy of that 41
verification has been date stamped, by the District office, the employee shall receive an additional hourly 42
stipend added to their individual salaries, as reflected on Schedule A. The effective date of the stipend is 43
the date stamped on the verification. 44
45
46
47
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A R T I C L E X I V 1
2
ASSOCIATION MEMBERSHIP AND CHECKOFF 3
4
Section 14.1. 5
The District and the Association understand that at the center of our labor management relationship is 6
the shared interest in providing the best services to the public. Therefore, it is the expectation of both the 7
Association and the District that the District representatives shall remain neutral on the issue of 8
Association membership and respect all employees decisions to join and maintain membership in their 9
exclusive professional advocacy organization PSE/SEIU 1948 pursuant to RCW 41.56.140. All 10
bargaining unit employees shall have the option of joining and maintaining membership in PSE/SEIU 11
1948 upon employment with the District. 12
13
Section 14.2. New Hire Notification. 14
The District shall notify the Association and the agreed bargaining unit representative of all new hires 15
within ten (10) days of hire date, or as soon as practical, including name, home mailing address, job title, 16
work email, work location and hire date. 17
18
Section 14.3. Dues and Checkoff. 19
The Association shall provide the District with a full and complete list of bargaining unit employees who 20
are current members of the Association and shall provide updates, additions, and/or other changes in 21
membership status to the District upon request. The District agrees to accept dues authorizations via 22
voice authorizations or by E-signature in accordance with “E-SIGN”. The Association will provide a list 23
of those members who have agreed to union membership. In addition, upon request, access to the 24
District .wav files associated with the voice authorization. The Association will be the custodian of the 25
records related to E-Signatures authorizations. The Association agrees that, as the custodian of the 26
records, it has the responsibility to ensure the accuracy and safekeeping of those records. The District 27
shall deduct Association dues from the pay of any employee who authorizes such deductions pursuant to 28
RCW 41.56.110. The District shall transmit all such funds deducted to the Treasurer of Public School 29
Employees of Washington on a monthly basis. 30
31
Section 14.4. Membership Rescission. 32
Union members requesting to rescind membership and membership rights in their exclusive professional 33
advocacy organization shall make such request in writing to PSE/SEIU 1948, following the constitution 34
and bylaws, and any and all relevant conditions, policies and procedures. Providing such conditions 35
have been met, the Association shall inform the District of the employee’s non-member status consistent 36
with the notification Section 14.5. 37
38
Section 14.5. COPE – Political Action Committee. 39
The District shall, upon receipt of a written authorization form that conforms to legal requirements, 40
deduct from the pay of such bargaining unit employee the amount of contribution the employee 41
voluntarily chooses for deduction for political purposes and shall transmit the same to the Association on 42
a check separate from the Association dues transmittal check. The Association shall be responsible for 43
drafting a mutually acceptable written authorization form and collecting and furnishing same to District 44
for any interested employee. Section 14.3. of the Collective Bargaining Agreement shall apply to these 45
deductions. The employee may revoke the request at any time. At least annually, the employee shall be 46
notified by the Association about the right to revoke the request. The District shall not be obligated to 47
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make deductions of any kind under the Section 14 when the deduction would cause the employee’s pay 1
to drop below the current federal or state minimum hourly wage requirement. Once any funds are 2
remitted to the Association, their disposition thereafter shall be the sole and exclusive obligation and 3
responsibility of the Association. 4
5
Section 14.6. 6
The Association agrees to defend, indemnify and hold the District harmless against any and all claims, 7
suits, orders or judgments brought or issued against the District pursuant to the proper implementation of 8
this article entitled Association Membership and Checkoff. 9
10
Section 14.6.1. 11
Pursuant to HB 1575, PSE is the exclusive custodian of membership records. If there are any 12
errors in the dues collection because of information provided or not provided by the Association, 13
the Association is entirely liable. 14
15
Section 14.7. 16
The District shall provide the Association reasonable access to new employees of the bargaining unit for 17
presenting information about the Association to the new employee. “Reasonable access” for the 18
purposes of this section means the access to the new employee occurs within one (1) month of the 19
employee’s start date within the bargaining unit; the access is for no less than thirty (30) minutes; and 20
the access occurs during the new employee’s regular work hours at the employee’s regular worksite, or 21
at a location mutually agreed to by the District and the Association. 22
23
24
25
A R T I C L E X V 26
27
GRIEVANCE PROCEDURE 28
29
A. Purpose: The purpose of this procedure is to provide an orderly method of resolving grievances. 30
A determined effort shall be made to settle such differences at the lowest possible level in the 31
grievance procedure. Meetings or discussions involving grievances shall be scheduled at 32
mutually agreeable times. 33
34
B. Definitions: 35
1. Grievant -- A grievant is an employee, or in the case of the Association's contractual rights, 36
the Association. 37
2. Grievance -- A grievance is defined as a dispute involving the interpretation or application of 38
the specific terms of this Agreement. 39
3. Days -- In this procedure are normal District office workdays. 40
41
C. Timelines: Grievances shall be processed in the following manner and within the stated time 42
limits. Time limits provided in this procedure may be extended only by mutual written 43
agreement. 44
45
46
47
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D. Failure on the part of the Employer at any step of this procedure to communicate the decision on 1
a grievance within the specific or mutually extended time limits shall permit the grievant to lodge 2
an appeal at the next step of this procedure. 3
4
Failure on the grievant (employee or Association) to present or proceed with a grievance within 5
the specified or mutually extended time limits will render the grievance waived. 6
7
E. Representation: The grievant may waive the Association's involvement in the procedures at any 8
step. If the grievant elects not to have Association representation, the Association shall have the 9
opportunity to be present at the adjustment of the grievance and to make its views known or shall 10
receive the same written responses provided to the grievant. 11
12
F. Process: 13
14
Step 1. Informal Level - Informal Submission of Grievance to Supervisor. 15
Within twenty (20) days following the occurrence of the event giving rise to the grievance, or 16
twenty (20) days after the event is known or reasonably should have been known, the employee 17
shall attempt to resolve the grievance informally with the immediate supervisor. The immediate 18
supervisor shall respond informally within ten (10) days of the employee's presentation. 19
20
Step 2. Formal Level - Written Submission of Grievance to Supervisor. 21
If the grievance is not resolved informally, it shall be reduced to writing by the employee who 22
shall submit it to the immediate supervisor within ten (10) days after receipt of the informal 23
response. The written grievance shall contain the following: 24
25
a. A statement of the alleged grievance including the facts upon 26
which the grievance is based; 27
b. Reference to the specific terms of the Agreement which have 28
been allegedly violated; and 29
c. Remedy sought. 30
31
The immediate supervisor will inform the employee and the Association in writing of the 32
disposition of the grievance within ten (10) days of the presentation of the grievance. 33
34
Step 3. Superintendent Level - Written Submission of Grievance to the Superintendent. 35
36
a. Individual Grievances. 37
If the grievance is not settled at Step 2 and the Association wishes to pursue the grievance 38
to Step 3, the employee must file the grievance in writing within twenty (20) days after 39
receipt of the immediate supervisor's written response in Step 2 above. The 40
Superintendent or his/her designee will review the grievance with the parties involved 41
and provide a written statement of the disposition to the employee with a written copy to 42
the Association, within twenty (20) days of receipt of the grievance. 43
44
b. Association Grievances. 45
A grievance which the Association may have against the Employer, limited as aforesaid 46
to matters dealing with the interpretation or application of terms of this Agreement 47
relating to Association rights, shall be commenced by filing in writing (in the format of 48
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Step 2 above) with the Superintendent. Such filing shall be within twenty (20) days 1
following the occurrence of the event giving rise to the grievance or twenty (20) days 2
after the event is known or reasonably should have been known. The Superintendent or 3
his/her designee and the Association will have ten (10) days from the receipt of the 4
grievance to resolve it. 5
6
Step 4. Arbitration. 7
If no settlement is reached in Step 3, the Association may request that the matter be submitted to 8
an arbiter as hereinafter provided: 9
10
A. Written notice of a request for arbitration shall be made to the Superintendent within twenty 11
(20) days of receipt of the disposition letter at Step 3. 12
13
B. Arbitration shall be limited to issue(s) involving the interpretation or application of specific 14
terms of this Agreement. 15
16
C. When a timely request has been made for arbitration, the parties shall attempt to select an 17
impartial arbiter to hear and decide the particular case. If the parties are unable to agree to an 18
arbiter within ten (10) days after submission of the written request for arbitration, the 19
provisions of paragraph (d) below shall apply to the selection of an arbiter. 20
21
D. In the event an arbiter is not agreed upon as provided in paragraph (c), above, the parties shall 22
jointly request the American Arbitration Association to submit a panel of nine (9) arbiters 23
who reside and practice in Washington or Oregon. Such request shall state the issue of the 24
case and ask that the nominees be qualified to handle the type of case involved. When 25
notification of the names of the nine (9) arbiters is received, the parties shall each 26
independently strike from the list those unacceptable arbiters and shall rank, in order of 27
preference, the remaining arbiters. 28
29
The parties shall then meet and compare their lists. From among the mutually acceptable 30
arbiters, the one with the lowest combined preference number shall be the arbiter. In the 31
event of a tie between two or more arbiters, a single arbiter shall be chosen by lot. In the 32
event there are no mutually acceptable arbiters on the panel, the parties, in turn, shall have the 33
right to strike a name from the panel until only one (1) name remains. The remaining person 34
shall be the arbiter. The right to strike the first name from the panel shall be determined by 35
lot. 36
37
In the event either party is dissatisfied with the credentials of the arbiters whose names are on 38
the first panel offered by the American Arbitration Association, such party can summarily 39
reject that panel and insist on a second panel. Selection must be made from the second panel. 40
41
E. Arbitration proceedings shall be in accordance with the following: 42
43
1. The arbiter, once appointed, will inform the parties as to the procedures which will be 44
followed. 45
2. The arbiter shall hear and accept pertinent evidence submitted by both parties and 46
shall be empowered to request, through subpoena, if necessary, such data and 47
testimony as the arbiter deems pertinent to the grievance and shall render a decision in 48
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writing to both parties within thirty (30) days, unless mutually extended, of the 1
closing of the record. 2
3. The arbiter shall be authorized to rule and issue a decision in writing on the issue(s) 3
presented for arbitration which decision shall be final and binding on both parties. 4
4. The arbiter shall rule only on the basis of information presented at the hearing and 5
shall refuse to receive any information after the hearing except by mutual agreement. 6
5. Each party to the proceedings may call such witnesses as may be necessary in the 7
order in which their testimony is to be heard. Such testimony shall be limited to the 8
matters set forth in the written statement of grievance. The arguments of the parties 9
may be supported by oral comment and rebuttal. Either or both parties may submit 10
written briefs within a time period mutually agreed upon. Such arguments of the 11
parties, whether oral or written, shall be confined to and directed at the matters set 12
forth in the grievance. 13
6. Each party shall pay any compensation and expenses relating to its own witnesses or 14
representatives. 15
7. The arbiter shall specify in the award that the Employer or the Association, whichever 16
is ruled against by the arbiter, shall pay the compensation of the arbiter including 17
necessary expenses. 18
8. The total cost of the stenographic record, if requested, will be paid by the party 19
requesting it. If the other party also requests a copy, that party will pay one-half (1/2) 20
of the stenographic cost. 21
22
F. Binding Effect of Award: All decisions arrived at under the provisions of this Article by the 23
representatives of the Employer and the Association at Steps 1, 2 and 3, or by the arbiter, 24
shall be final and binding upon both parties; provided, however, that in arriving at such 25
decision, neither of the parties or the arbiter shall have the authority to alter this Agreement in 26
whole or in part. 27
28
G. Limits of the Arbiter: The arbiter cannot order the Employer to take action contrary to law. 29
30
H. No Duty to Maintain Status Quo: The Employer has no duty to maintain the status quo or to 31
restore the status quo pending arbitration. But if return to the status quo is ordered by the 32
arbiter, the return shall be affected as per the arbiter's award. 33
34
I. Freedom from Reprisal: There will be no reprisals against the grievant or others as a result of 35
his/her participation in this process. 36
37
38
39
A R T I C L E X V I 40
41
TRANSFER OF PREVIOUS EXPERIENCE 42
43
Section 16.1. 44
When any employee leaves a school district within the State and commences employment with this 45
District, the employee shall retain the same leave benefits and other benefits that the employee had in the 46
previous position. Seniority rights shall not be transferred in any manner. Longevity is fully 47
transferable and is considered an "other benefit." 48
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Section 16.1.1. 1
If this District has a different system for computing leave benefits and other benefits, then the 2
employee shall be granted the same leave benefits and other benefits as an employee in the 3
District who has similar occupational status and total years of service. 4
5
6
7
A R T I C L E X V I I 8
9
SALARIES AND EMPLOYEE COMPENSATION 10
11
Section 17.1. 12
Employees shall be compensated in accordance with the provisions of this Agreement for all hours 13
worked. 14
15
Section 17.1.1. 16
The District shall provide, as early in the school year as practical, an annual statement to each 17
employee including days of work, hours of work each day, vacation hours (full-time employees 18
only), holiday hours, sick leave hours and the employee's hourly rate. 19
20
Section 17.2. 21
Salaries for employees subject to this Agreement, during the term of this Agreement, are contained in 22
Schedule A attached hereto and by this reference incorporated herein. 23
24
Section 17.2.1. 25
Should the legislature hereafter authorize and fund a future salary, increment, State funded 26
C.O.L.A. for classified school employees or insurance increase, the District will pass through 27
such increase(s) to the BEA classified employees and apply the same adjustment to categorical 28
classified employees. Prior to effectuating such increase, the District will consult with the 29
Association concerning the amount and mechanics for implementing the increase. If the parties 30
are unable to agree on the amount and mechanics for implementation, the subject of the increase 31
will be treated as a negotiable matter rather than a contractual matter and the District's pass-32
through commitment will be deemed null and void except as may be agreed in subsequent 33
negotiations. 34
35
Section 17.2.1.2. 36
If the above scheduled salary increases result in a violation of RCW 28A.58.095 (the 37
salary limitation law), the parties agree to adjust the salaries to the extent necessary to 38
conform with law. 39
40
Section 17.2.2. 41
Retroactive pay, where applicable, shall be paid on the first regular pay day following execution 42
of this Agreement if possible, and in any case not later than the second regular pay day. 43
44
Section 17.2.3. 45
Incremental steps, where applicable, shall take effect on September 1 of each year during the 46
term of this Agreement; provided, the employee has been actively employed continuously for at 47
least one-half (½) of the previous employment year. 48
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Section 17.2.4. 1
Qualifications for incremental step increase shall be as follows: 2
3
Step 1 First two years of employment. 4
Step 2 Third and fourth years of employment. 5
Step 3 Fifth and sixth years of employment. 6
Step 4 Seventh year of employment and thereon. 7
Step 5 Sixteenth year of employment and thereon. 8
Step 6 Twenty-first year of employment and thereon. 9
10
Section 17.2.5. 11
Incremental step placement shall relate exclusively to years of employment (longevity). 12
13
Section 17.2.6. 14
Both parties agree that in the 2012-2013 contract year, that a longevity step of thirty ($0.30) 15
cents per hour shall be added to the Schedule A and will begin with the employee’s twenty-first 16
(21
st
) year of employment. 17
18
Section 17.3. 19
For purposes of calculating daily hours, time worked shall be rounded to the nearest one-quarter (1/4) 20
hour. 21
22
Section 17.4. 23
Any employee required to travel from one site to another in a private vehicle during working hours shall 24
be reimbursed for such travel on a per-mile basis at the prevailing State mileage rate. 25
26
Section 17.5. 27
Employees required to remain overnight on District business shall be reimbursed for room and board 28
expenditures. 29
30
Section 17.6. 31
The District shall reimburse any employee required by the District or State statute to have a physical 32
examination up to a maximum of one hundred and fifty dollars ($150) per examination. 33
34
Section 17.7. 35
In those years which the Gregorian calendar contains more than two hundred sixty (260) work days, 36
these "extra" days will not result in an additional work day(s) for full-time employees. These "extra" 37
days will result in a day(s) off as jointly determined by the employee and his/her supervisor. 38
39
Section 17.8. 40
Employees that have the majority of their regularly scheduled shift after 3:00 p.m. shall receive a shift 41
differential stipend per schedule A. Such differential shall be in addition to the employee's regular 42
salary, as reflected on Schedule A. 43
44
Section 17.9. 45
Each employee with fifteen (15) years or more of service shall receive an additional stipend added to 46
their individual salaries, as reflected on Schedule A. 47
48
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Section 17.10. 1
Right Response Training. The District agrees to pay those paras designated by the Special Education 2
Director a stipend, five hundred dollars ($500) in January for actual hours worked and five hundred 3
dollars ($500) paid in June for actual hours worked. Paraeducators are required to have completed the 4
Right Response full course. 5
6
Section 17.11. 7
New drivers that complete one (1) year of employment with the Concrete School District shall receive 8
four hundred fifty dollars ($450) as reimbursement for initial driver training. 9
10
11
12
A R T I C L E X V I I I 13
14
TERM AND SEPARABILITY OF PROVISIONS 15
16
Section 18.1. 17
The term of this Agreement shall be September 1, 2022 to August 31, 2025. The salary increase for the 18
2023-2024 school year be two percent (2%) and for the 2024-2025 school year shall be three and one-19
half percent (3.5%). In addition, the parties agree to a Training Agreement that will reimburse new bus 20
drivers for initial training. (See the Training Agreement which is attached). 21
22
Section 18.2. 23
All provisions of this Agreement shall be applicable to the entire term of this Agreement 24
notwithstanding its execution date, except as provided in the following section. 25
26
Section 18.3. 27
This Agreement may be reopened and modified during its term upon mutual consent of the parties in 28
writing. This Agreement shall be reopened as necessary to consider the impact of any legislation 29
enacted following execution of this Agreement which affects the terms and conditions herein or creates 30
authority to alter personnel practices in public employment. 31
32
Section 18.4. 33
If any provision of this Agreement or the application of any such provision is held invalid, the remainder 34
of this Agreement shall not be affected thereby. 35
36
Section 18.5. 37
Neither party shall be compelled to comply to any provision of this Agreement which conflicts with 38
State or Federal statutes or regulations promulgated pursuant thereto. 39
40
Section 18.6. 41
In the event either of the two (2) previous sections is determined to apply to any provision of this 42
Agreement, such provision shall be renegotiated pursuant to Section 18.3. 43
44
45
46
47
48
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SCHEDULE A 1
CONCRETE SCHOOL DISTRICT #11 2
September 1, 2022 – August 31, 2023 3
4
5
6
7
8
9
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13
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1+2 yr 3+4 yr 5+6 yr 7 yr
16+yr
21+yr 26+yr
CUSTODIAL-MAINTENANCE
Maintenance $29.91 $30.82 $31.34 32,28 $33.08 $33.45 $33.97
Custodian $25.03 25,84 $26.35 $27.20 $27.97 $28.33 $28.80
Grounds $28.14 $28.94 $20.40 $30.96 $31.36 $31.78 $32.12
Head Cook $22.72 $23.39 $23.85 $24.57 $25.27 $25.61 $26.04
Cook $21.09 $21.68 $22.38 $22.86 $23.46 $23.82 $24.23
Cashier $18.29 $19.25 $19.88 $20.26 $21.37 $21.35 $22.27
Kitchen Helper $18.29 $19.25 $19.88 $20.26 $21.37 $21.85 $22.27
NURSING SERVICES
RN $36.97 $37.56 $38.18 $39.94 $41.06 $41.72 $42.02
LPN $29.98 $30.64 $31.17 $31.59 $32.37 $32.82 $33.28
Health Assistant $22.45 $23.12 $23.70 $24.61 $25.40 $25.80 $26.21
Level 2
(Instructional)
School Secretary $26.09 $26.61 $27.22 $27.75 $28.37 $28.79 $29.21
Technology Lead $34.72 $35.08 35,08 $35.92 $36.69 $37.13 $37.73
Technology Assistant $23.64 $23.92 $24.13 $24.44 $24.88 $25.22 $25.61
Mechanic $29.30 $30.15 $31.04 $31.93 $32.46 $32.86 $33.21
Bus Driver $26.71 $27.32 $27.82 $28.75 $29.66 $30.02 $30.46
Non-CDL Driver $21.82 $22.64 $23.05 $24.51 $25.39 $25.96 26,46
Bus Monitor $20.90 $21.53 $22.07 $22.92 $23.65 $24.03 $24.41
Crosswalk Monitor $20.40 $21.01 $21.82 $22.79 $23.49 24,03 $24.50
TRANSPORTATION
$22.45
$26.21
FOOD SERVICE
PARAEDUCATORS
SECRETARIAL
SUPPORT SERVICES
$23.12
$23.70
$24.61
$25.40
$25.80
