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AGREEMENT ON TERMS AND CONDITIONS OF EMPLOYMENT
Perkiomen Valley School Board And Perkiomen Valley Education
Association
September 1, 2002 – August 31, 2006
TABLE OF CONTENTS
AGREEMENT ON TERMS AND CONDITIONS OF EMPLOYMENT
ARTICLE I – TERM OF AGREEMENT AND SIGNATURES 4 1. Term of Agreement 4 2.
Signatures 4
ARTICLE II – COMPENSATION 5 1. Homebound Instruction 5 2. Co-Curricular
Salary Schedule 5 3. Department Chairpersons 7 4. IEP Compensation 7 5. Movement
on the Salary Schedule 8 a. Vertical Movement 8 b. Horizontal Movement 8 6.
Professional Employee Calendar 10 7. Work Day 12 8. Skill-Based Pay and National
Board Certification 12 9. Salary Payments 13 10. Direct Deposit 13 11. Salary
Schedule 14
ARTICLE III – HEALTH BENEFITS 14 1. Plans Offered by the District 14 2.
Payment of Premiums for Health Benefit Plan(s) 14 3. Healthcare Cost Containment
15 4. Employee’s Right to Select Health Benefit Plan 15 5. Sponsorship of
Internal Revenue Code Section 125 Cafeteria Plan 16 6. Individuals on Approved
Leaves of Absences 17 7. Vision Insurance 17 8. Dental Insurance 17
ARTICLE IV – ADDITIONAL BENEFITS 18 1. Life Insurance 18 2. Course Credit
Reimbursement 18 3. Retirement Benefits 20 4. Part-Time Employees 21
TABLE OF CONTENTS - 2
ARTICLE V – MISCELLANEOUS PROVISIONS 21 1. Early Excusal of Professional
Employees 21 2. Supplementary Contracts 21 3. Release from Co-Curricular
Position 21 4. Payroll Deductions 22 5. Tuberculin Test 22 6. Meet and Discuss
22 7. Professional Staff Policies 22 8. Use of Building 23 9. Use of Bulletin
Boards 23 10. Use of Inter-School Mail 23 11. Reproduction of Agreement 23 12.
Benefits During Approved Leaves of Absence 23 13. Notification of Assignment 24
14. Class Size 24
ARTICLE VI – LEAVE PROCEDURES 24 1. Jury Duty and Subpoenas 24 2. Deductions
for Days of Service Lost 24 3. Personal Leave Days 24 4. Sick Leave Extension 26
5. Association Business Leave 26 6. Workers Compensation 27 7.
Childbearing/Childrearing Leave 28 8. Family and Medical Leave Act of 1993 29 9.
Bereavement Leave 30
ARTICLE VII – RIGHTS AND PRIVILEGES 30 1. Grievance Procedure 30 a.
Definition 30 b. Purpose 31 c. Procedure 31 d. Rights of Teachers to
Representation 32 e. Miscellaneous 33 2. Fair Share 34 3. Maintenance of
Membership 35 4. Separability 35
EXHIBIT “A” – CO-CURRICULAR SALARY SCHEDULES 36 EXHIBIT “B” – SALARY
SCHEDULES 37 EXHIBIT “C” – GRIEVANCE FORM 38
AGREEMENT ON TERMS AND CONDITIONS OF EMPLOYMENT
ARTICLE I – TERM OF AGREEMENT AND SIGNATURES
1. Term of Agreement
This Agreement, executed on October 7, 2002 by and between the Board of
School Directors of the Perkiomen Valley School District and the Perkiomen
Valley Education Association, the certified exclusive representative of all
professional employees in the negotiating unit, shall be effective as of
September 1, 2002, except where specified, and remain in force until August 31,
2006.
This Agreement sets forth terms and conditions under which the professional
employees shall be employed by the Board of School Directors of the Perkiomen
Valley School District for the school years aforesaid. “Professional employee”
shall be defined as full and half-time professional employees. It does not
include per diem substitute teachers.
It is agreed and understood that the terms and conditions of employment
herein agreed upon shall extend for the duration of this Agreement and that
neither party will seek to change, modify, or amend the Agreement during this
period of time except by mutual consent.
2. Signatures
BOARD OF SCHOOL DIRECTORS OF THE PERKIOMEN VALLEY SCHOOL DISTRICT
By: ____________________________________________________ (L.S.) Its President
Hereunto Duly Authorized
PERKIOMEN VALLEY EDUCATION ASSOCIATION
By: ____________________________________________________ (L.S.) Its President
Hereunto Duly Authorized
ARTICLE II – COMPENSATION
1. Homebound Instruction
a. Homebound instruction shall be computed at the following rates per hour
during the following contract years:
2002-03 $25.77 per hour 2003-04 $26.35 per hour 2004-05 $26.94 per hour
2005-06 $27.55 per hour
b. The approved IRS mileage allowance shall be paid for travel beyond the
School District boundaries.
2. Co-Curricular Salary Schedule
a. Co-curricular salaries shall be computed at the following unit value rates
during the following contract years:
2002-03: $85.95/unit for 100% column 2003-04: $87.88/unit for 100% column
2004-05: $89.86/unit for 100% column 2005-06: $91.88/unit for 100% column
b. A salary schedule of five steps, each step equivalent to one year of
experience. The five steps to be compensated in this manner:
Step 1 to be 80% of the maximum dollar figure Step 2 to be 85% of the maximum
dollar figure Step 3 to be 90% of the maximum dollar figure Step 4 to be 95% of
the maximum dollar figure Step 5 to be 100% of the maximum dollar figure
c. The salary schedule for co-curricular pay will be in accordance with the
schedules attached hereto, made a part hereof and marked EXHIBIT “A” which shall
be computed as follows:
1. Each sponsor will be placed on step based upon actual years of experience
in that position, e.g. a sponsor with seven years of experience will immediately
be placed at Step 5. 2. In the event that an assistant coach be assigned the
head coaching position of a particular sport, the coach will be allotted one
year of head coaching experience on the salary schedule for each two years of
experience as an assistant coach. 3. People hired from outside the district will
be given credit for experience on the same basis as Perkiomen Valley staff
members. 4. The Saturday recreation programs shall be reimbursed at $10 per hour
of assignment.
d. The Board retains the right to determine the staffing for each of the
co-curricular activities. Not all activities will necessarily be staffed in any
school year. Staff members shall be given first opportunity to be considered to
fill any co-curricular positions for which they are qualified.
e. Co-curricular salaries shall be paid twice during the term of the
assignment, once at mid-term and once at the end of the assignment. This shall
apply to athletic co-curricular assignments only.
f. Coaches selected by leagues, District I or school district criteria for
P.I.A.A. post-season play shall be compensated at the following rates for
services provided after the first round of competition (scheduled date of play
or scheduled consecutive dates of play) at the district tournament level
(includes only days on which Perkiomen Valley teams or students compete):
Head Coach $25 per day Assistant Coach $15 per day
Practice Sessions (Two [2] hours minimum; includes only weekdays on which
competition is not scheduled): Head Coach $10 per day Assistant Coach $ 5 per
day
Post-season play is defined as any P.I.A.A. senior high school varsity
tournament which leads to an individual and/or team state championship.
Post-season play does not include PAC league contests, play-offs, tournaments
involving only PAC schools, scheduled non-league contests, or tournaments which
are not an integral component of the annual P.I.A.A. championship.
g. Scouts for fall and winter sports games shall be reimbursed for the use of
a personal automobile at the established IRS approved rate per mile, with prior
approval from the Athletic Director.
h. Employees, other than the sponsor compensated under the co-curricular
schedule of this Agreement, who are assigned to chaperon any overnight,
curriculum related trip that has been pre-approved by the Board will be
compensated by the Board on the basis of one (1) unit per night.
3. Department Chairpersons
a. The position of the chairperson may be established for the following
curriculum departments in the Perkiomen Valley School District and shall include
K-12 responsibilities:
English Foreign Languages School Nurse Mathematics Business Counseling Social
Studies Art Library/Media Services Science Music Technology Education Special
Education Physical Education Family/Consumer Science
b. These positions will be filled by appointment by the Superintendent on an
annual basis. The teacher has the right of refusal for such positions. Each
department chairperson shall have a complete written position description.
c. Compensation for department chairpersons shall be as follows for each year
of the Collective Bargaining Agreement unless the Bargaining Unit Employee is
entitled to a higher amount as stated in (d.) below:
2002-03 $1,636 2003-04 $1,673 2004-05 $1,711 2005-06 $1,749
d. Bargaining Unit Employees who served as a department chairperson during
school year 1998-99 who received the previously allocated compensation of three
percent (3%) of base salary shall continue to receive the same amount of dollars
they received as a department chairperson during school year 1998-99, so long as
they continue to serve as a department chairperson for six (6) or more
Bargaining Unit Employees. In the event such individuals no longer serve in a
capacity as department chairperson for six (6) or more Bargaining Unit
Employees, then in that event so long as that person continues as a department
chairperson with the Perkiomen Valley School District, they will be entitled to
receive the $1,600 increase over the base salary of the department chairperson.
4. IEP Compensation
a. Effective September 1, 2002, any Bargaining Unit employee who has primary
responsibility to write special education, speech, or gifted IEPs shall receive
a flat rate of $350.00 per year. Notwithstanding the foregoing, high school
teachers who have been provided release time and clerical assistance to prepare
gifted IEPs will not be entitled to receive the flat rate of $350.00 per year.
Bargaining Unit Employees will no longer be entitled to receive the unit values
established in the previous Letter of Intent effective as of the entry date into
this Collective Bargaining Agreement. b. Subject to the complete and absolute
discretion of the Director of Special Education in the district and upon
establishing extraordinary circumstances pre-approved by the Director of Special
Education, the Bargaining Unit Employee may receive up to an additional day
release time to write IEPs.
5. Movement on the Salary Schedule
a. Vertical Movement
1. Experienced teachers employed on or after the date of this Agreement
having less than three (3) years of satisfactory full-time prior public school
teaching experience shall be placed on a salary step reflecting full credit for
all years of such satisfactory full-time prior public school teaching
experience. All other experienced teachers employed on or after the date of this
Agreement shall be placed on a step that reflects credit for all years of
satisfactory full-time prior public school teaching experience as follows:
3 years + one-half times the excess of satisfactory full-time prior public
school teaching experience over 3 years, rounded to the closest whole number.
The foregoing formula shall be the compensation level that shall apply for
all such new hires.
2. For the term of this contract, each member of the bargaining unit shall
advance on step each school year until the maximum of that classification is
reached. It is understood that this advancement is in accordance with the
requirements of the Professional Staff Policies with respect to the granting and
withholding of increments.
3. Within any given school year, teachers returning from leave with
ninety-five (95) or more days of service will be placed on the next salary step.
Those with ninety-four (94) days or less will remain on the same step as they
were prior to leave.
b. Horizontal Movement
1. In order to be deemed eligible for movement horizontally on the salary
schedule, Bargaining Unit Employees must submit requests for course approvals on
proper forms to the Superintendent prior to registration. All credits taken
beyond the Bachelor’s level shall be graduate level courses from an approved
college or university. Three out of four graduate courses shall be in the
professional employee specific teaching assignment or shall be part of a
District pre-approved graduate program. One out of four graduate courses may be
in some related field which will contribute to the professional effectiveness of
the professional employee.
2. A grade of “B” or better is required for credits to qualify for horizontal
movement on the salary schedule in each of the Bachelor’s plus, Master’s and
Master’s plus categories set forth on the salary schedule.
3. Video or correspondence courses shall be subject to vigorous scrutiny by
the Superintendent in the Superintendent’s consideration of approval of the same
for horizontal movement.
4. Horizontal movement on the salary schedule shall only take place following
a Bargaining Unit Employee complying with all of the procedures set forth herein
and formal attainment of the credits.
5. Master’s Degree – An additional increment shall be issued upon award of a
Master’s Degree from an approved college or university. Additional categories
have also been included on the approved salary schedule which provide increments
at the Master’s plus twelve (12) graduate credits, Master’s plus twenty-four
(24) graduate credits, Master’s plus thirty-six (36) graduate credits, and
Master’s plus forty-eight (48) graduate credits.
6. Master’s Equivalent – For employees holding a temporary or permanent
professional employee contract with the School District on July 1, 1986, a
Master’s Equivalent Certificate as issued by the Pennsylvania Department of
Education shall be honored throughout the salary schedule on a par with a
Master’s Degree. Persons qualifying as of August 31, 1987, and who acquire a
Master’s Equivalent Certificate may advance to the various Master’s plus
categories specified previously by meeting the criteria set forth in
subparagraph (1.).
7. Employees who acquire a Master’s Equivalent certificate after August 31,
1987, until September 1, 2000, are not eligible to advance beyond the Master’s
level on the salary schedule. Employees who acquire a Master’s Equivalent
certificate on or after September 1, 2000, are not eligible to receive Master’s
level recognition on the salary schedule and are further not entitled to advance
beyond the Master’s level on the salary schedule.
8. Credits granted, submitted and approved prior to the beginning of the
student school year will be included for salary implementation at the beginning
of that school year. Credits granted, submitted and approved during the first
semester of any school year will be the basis for salary adjustment effective at
the beginning of the second semester of that year.
9. Employees who acquire or have acquired a Doctorate Degree will be
compensated at a rate of two percent (2%) greater than the rate of compensation
shown on the Master’s + 48 schedule for their credited years of experience.
10. Horizontal movement is expressly conditioned upon the Bargaining Unit
Employee receiving an overall satisfactory rating on the District approved
professional employee/temporary professional employee rating form for the
preceding school year, which shall involve ratings issued on or after the
effective date of this Agreement.
6. Professional Employee Calendar
a. The Board and the Association agree that compensation on the salary
schedules contained in this Agreement is based upon 192 work days as follows:
180 Instructional Days 2 Professional Days (1 opening and 1 closing day) 3
Flex Days 2 Conference Days 4 District Days (1 of the 4 District Days would be a
Graduation Project or Specialty Day) 1 Building Initiative Day
1. District days are specifically designated for administratively determined
in-service programs or student instruction days, subject to the recommendations
of the Act 178 Professional Development Committee. It is understood that the
Professional Development Committee shall make annual recommendations for
in-service programs in the school district, which can include but not be limited
to collaborative meetings, District building initiated staff development
programs, other programs designed to enhance the professional growth of
Bargaining Unit Employees, and the like, subject to District Administration
approval.
2. District Building Initiative Days are specifically designated for
initiatives on professional development recommended by the building
administration after consultation with the Bargaining Unit Employees in the
school buildings in the District. Prior to implementing any building initiative
program on a Building Initiative Day in each of the school buildings of the
District, it will be the responsibility of the building level administrators to
secure approval of the Act 48 Committee for the proposed Building Initiative Day
program. The building level administrator shall provide the Act 48 Committee
with at least 25 school days of time prior to the proposed implementation date
of the Building Initiative Day program to review any application for a Building
Initiative Day program in the building or buildings in question. The Act 48
Committee’s charge of reviewing the building level administrators’ submissions
would be to determine whether or not the proposal is consistent with the
approved Act 48 plan. In order to secure approval of the Act 48 Committee, a
simple majority of those Act 48 Committee members present at a scheduled meeting
of the Act 48 Committee will carry the approval. The Building Initiative Day
proposals of the building level administrators will be automatically approved
should the Act 48 Committee fail to act at least 10 school days prior to the
Building Initiative Day. The parties shall cooperate to provide a meaningful
opportunity to present before the Act 48 Committee. Prior to the building level
administrators submitting their Building Initiative Day proposals to the Act 48
Committee, the same shall be reviewed with the Superintendent and approved by
the Superintendent.
3. Professional days are reserved for activities determined by the bargaining
unit members. Use of these days may be for but not limited to activities such
as: budget preparation, room preparation prior to the start of the school year,
grading of exams, compilation of grades, and similar professional activities.
4. Bargaining Unit Employees who attend up to five (5) Summer Academy
workshops shall satisfy their requirements of participating in Flex Days and/or
Professional Days during the subsequent school year.
5. Bargaining Unit Employees shall be credited for fulfilling the District
Days, unless otherwise stated herein, as of June 30 of a school year. District
Days taken on or after July 1 will be credited toward the next school year.
6. Professional days shall generally be provided in full-day blocks.
7. Arrangements may be made by the employee to log in whenever the building
is open in order to fulfill the requirements of the Professional Days in the
calendar. Neither party will unreasonably withhold their consent to approve
scheduling of professional days.
8. All scheduled working days will be made up to guarantee the working days
in each school year during the term of this contract. In the case of school year
2002-03, there will be no make up of the ten (10) strike days other than the
Flex/Professional Days earned during the summer of 2002.
9. Bargaining Unit Employees in their first year of employment with the
District will be required to attend three (3) orientation days as determined by
the Administration.
b. Should the Board and any member of the Bargaining Unit agree that the
Bargaining Unit Employee is to work more than the total working days for the
school year in question, compensation shall be at the Homebound Instruction
rates as described in Article II-1, except for Guidance Counselors and
Psychologists who will be compensated as stated in Paragraph 9.d. below.
c. If a professional employee works less than the required amount of working
days in the school year in question, deductions in salary will be made at either
the per diem rate, or the cost of substitute teacher wages, at the sole
discretion of the Superintendent. If the loss of such days was the result of a
change of school calendar by administrative decision, there will be no reduction
in salary, with the exception of the 2002-03 adjustments required due to the
work stoppage.
d. Compensation for Guidance Counselors and Psychologists assigned to perform
work beyond the 7-1/2 hour work day and beyond the teacher work year shall be
compensated up to five (5) days at the Bargaining Unit Employee’s current per
diem rate of pay. Work beyond five (5) days will be compensated at the Homebound
Instruction rates as described in Article II-1.
7. Work Day
a. The work day for members of the Bargaining Unit shall be seven and
one-half (7-1/2) hours in length, inclusive of a thirty (30) minute duty-free
lunch and exclusive of the normal professional obligations established by past
practice at the Perkiomen Valley School District.
b. Each classroom teacher shall be scheduled for at least forty (40) minutes
per day for preparation time. This time shall be in continuous blocks of not
less than twenty (20) minutes each during the student day.
1. Preparation time is defined as that part of the work day in which
classroom teachers shall prepare classroom materials, to plan and prepare for
classes, for program or student-related purposes, or for engaging in other
professional-related education activities. Said classroom teacher may utilize
said preparation time for the defined purposes within the discretion of those
classroom teachers.
c. In the event the schedules at either the Perkiomen Valley High School or
Perkiomen Valley Middle School would be administratively modified to have either
(8) student instructional periods per day, up to six (6) student instructional
periods per day may be assigned to a Bargaining Unit Employee without the
consent of the Bargaining Unit Employee.
d. Employees, with prior approval of their building Principals, may begin
their work day earlier or later than the traditional starting time to provide
flexibility in meeting their work day requirements.
e. Compensation for Bargaining Unit Employees assigned to perform curriculum
writing or other staff development work beyond the 7-1/2 hour work day and
beyond the teacher work year shall be compensated at the Homebound Instruction
rates as described in Article II-1.
8. Skill-Based Pay and National Board Certification
a. Bargaining Unit Employees are encouraged to become certified by the
National Board for Professional Teaching Standards, in order to “Establish high
and rigorous standards for what accomplished teachers should know and be able to
do…for the purpose of improving student learning in American schools.”
b. Bargaining Unit Employees who apply for courses that are otherwise
eligible for tuition reimbursement pursuant to the tuition reimbursement
provisions in this collective bargaining unit shall receive tuition
reimbursement for District pre-approved courses leading to National Board
Certification.
c. Bargaining Unit Employees who successfully complete National Board
Certification and provide appropriate evidence thereto to the District
Administration will be entitled to bonuses, not to be included in base salary
for future increase purposes of Two Thousand Dollars ($2,000.00) per year for a
period of five (5) years following such successful completion. Bargaining Unit
Employees shall be required to work for the School District for a period of at
least two (2) years following the payment of the last bonus, unless the
Bargaining Unit Employee is prevented medically from fulfilling his or her job
functions with the District. In the event that a Bargaining Unit Employee does
leave the employ of the School District during the two (2) year period following
the payment of the last bonus pursuant to this section, the Bargaining Unit
Employee shall be required to refund the total amount of bonuses paid to the
Board, and the Board reserves the right to deduct the sums from any payments
that may otherwise be due and owing the Bargaining Unit Employee upon separation
from employment. The District reserves the right to establish eligibility
requirements in terms of educational attainment that may be in addition to the
requirements set forth by the National Board of Certification.
9. Salary Payments
a. Employees shall have the following options for receiving the annual
salaries set forth in this Agreement:
1. Twenty-six (26) equal bi-weekly installments, unless option (2) is
elected.
2. Twenty-six (26) equal bi-weekly installments with a lump sum payment of
summer salary (less any health benefit or other deductions due for the remainder
of the Contract Year) no later than the first payroll date in July, when
requested in writing by June 1.
3. Twenty-two (22) equal bi-weekly payments from September until June, when
requested in writing on or before June 1.
b. Should an employee commence work after the first scheduled payroll date in
September, the employee’s pro-rated salary for all of the three options set
forth above shall be apportioned to the remaining scheduled payroll dates for
that payroll year.
10. Direct Deposit
a. Employees desiring to start, change or stop direct deposit of their
payroll installments with an approved financial institution shall notify the
Business Office on a form that is available from that Office at least six weeks
prior to the effective payroll date.
11. Salary Schedule
a. Full-time professional staff members in the employ of the Perkiomen Valley
School District during the school years 2002-03, 2003-04, 2004-05 and 2005-06
shall receive the salary indicated in the salary schedules attached as EXHIBIT
“B” according to length of service and professional preparation.
ARTICLE III – HEALTH BENEFITS
1. Plans Offered by the District
a. The Board agrees to contract with:
1. Independence Blue Cross and Pennsylvania Blue Shield to provide indemnity
coverage at least equivalent to that which was in effect in the 1994-95 school
year with major medical coverage providing for a Two Hundred Fifty Dollar
($250.00) deductible (two per family) and a Blue Shield One Hundred Dollar
($100.00) surgical deductible (two per family).
2. Independence Blue Cross to provide the Personal Choice 5 program, or at
least its equivalent with a Ten Dollar ($10.00) generic and a Twenty Dollar
($20.00) name brand prescription co-payment.
3. Keystone HMO coverage under the Keystone 10 option ($10 primary physician
office co-payment) with prescription drug coverage with a Ten Dollar ($10.00)
generic and a Twenty Dollar ($20.00) name brand co-payment or at least its
equivalent.
4. Independence Blue Cross Personal Choice 215 or at least its equivalent
with a Ten Dollar ($10.00) generic and a Twenty Dollar ($20.00) name brand
prescription co-payment.
2. Payment of Premium for Health Benefit Plan(s)
a. Personal Choice 215, or at least its equivalent, along with the
prescription benefit, shall be the Core Health Plan. The following shall
represent the Board’s contribution for medical coverage premiums for the
Bargaining Unit Employee and on behalf of any eligible dependents relating to
the premium costs for the Core Health Plan coverage elected:
2002-03 2003-04 2004-05 2005-06 95% of 92% of 92% of 90% of premium premium
premium premium
b. In the event a Bargaining Unit Employee selects a plan other than the Core
Health Plan, and should such amount of the premiums for such alternative health
plan offered by the District exceed the Board’s contribution to the Core Health
Plan during the contract year in question, the Bargaining Unit Employee shall
pay the difference and hereby authorizes the payment of such difference through
mandatory payroll deductions.
3. Healthcare Cost Containment
a. A joint District/PVEA Committee will investigate the viability of the
“Plus Plan” and other healthcare alternatives, including but not limited to a
$5/$10/$25 prescription plan in an effort to contain annual healthcare costs.
The Committee will make recommendations to the Board and PVEA membership within
sufficient times to initiate changes at the beginning of the first plan year
following the entry into this Collective Bargaining Agreement.
b. In the event that both the District and the PVEA agree to implement the
“Plus Plan” or any other agreed upon health care plan, and the cost savings to
the District are projected to be equal to or greater than $200,000.00 per year
(or an amount agreed to by the Joint Committee), the employee contributions
toward premiums over 5% per year for the existing Core Health Plan will be
assimilated into the District’s contributions for the Plus Plan, resulting in a
net pay to the Bargaining Unit Employee equivalent to the net pay if the
Bargaining Unit Employee were making a 5% contribution to the healthcare plan.
In the event the healthcare cost savings (i.e. savings measured from the PC 215
plan) do not achieve the $200,000.00 threshold amount, there will be no
obligation to enter into this alternative program. Further, should this level
not be achieved once the District and the PVEA elect to enter into the Plus
Plan, or if the Plus Plan is determined to be illegal in whole or in part or
would somehow jeopardize the receipt of the cost savings over the provisions set
forth herein, then in that event, the employee contributions toward healthcare
premiums for the Core Health Plan, namely 8% in the 2003-04 school year; 8% in
the 2004-05 school year; and 10% in the 2005-06 school year and each school year
thereafter shall be immediately reinstated.
4. Employee’s Right to Select Health Benefit Plan
a. Each employee shall have the right to elect coverage for the employee,
employee’s spouse and/or the employee’s eligible dependents under any of the
Health Benefit Plans sponsored by the District. However, if the employee elects
to cover both the employee, employee’s spouse and/or one or more eligible
dependents, the employee, employee’s spouse and the employee’s eligible
dependents must be covered under the same health benefit plan. For example, a
husband and wife who are either members of the Bargaining Unit or who are both
employed by the District shall be entitled to have one (1) Health Benefit Plan
with the District.
5. Sponsorship of Internal Revenue Code Section 125 Cafeteria Plan
a. As a method to permit Bargaining Unit Employees to pay for their share of
health benefit plan premiums (and other eligible premiums) through pre-federal
income tax instead of after-federal income tax contributions and to create an
incentive for the effective utilization by employees of the health benefit plan
options available to them by the Board or otherwise, effective no later than
September 1, 1994, the Board agrees to sponsor an Internal Revenue Code, Section
125 Cafeteria Plan, which will be the sole method through which a Bargaining
Unit Employee will have access to the benefits provided under the health benefit
plans sponsored by the Board (and other eligible benefits if elected by the
Board). This sponsorship is contingent upon the same being permitted pursuant to
law.
b. Under the Section 125 Cafeteria Plan, the Bargaining Unit Employees shall,
prior to the period of time designated by the Board as the “plan year” as
required by IRS treasury regulations, in addition to the option of selecting
coverage under a health benefit plan for the upcoming plan year, also have the
option to elect not to be covered under any Board sponsored health benefit plan
for the plan year. Any employee who waives all coverage available to the
Bargaining Unit Employee, the Bargaining Unit Employee’s spouse, and all
dependent(s), or if the Bargaining Unit Employee does not have a spouse and
dependent(s), then the Bargaining Unit Employee, for a plan year, shall be
eligible to receive a cash bonus equal to one of the following percentages of
the Core Health Plan’s full annual premium of the aggregate amount set forth in
the Defined Contribution Program for the year in question for medical, dental
and vision benefits. The percentage applicable to a Bargaining Unit Employee
shall be the percentage assigned to the type of coverage in existence for the
Bargaining Unit Employee before the wavier and if no coverage, then the
“employee only” percentage shall be used:
Employee only 30%/year Head of Household and dependents 25%/year Husband and
Wife 25%/year Family 20%/year
c. Any employee who has so waived coverage and received a cash bonus and (i)
is permitted under the terms of the Section 125 Plan to revoke the employee’s
waiver for the remainder of the plan year or (ii) is no longer working for the
District until the end of the plan year for which coverage has been waived,
agrees, if the bonus has been paid for a period when coverage is in place or
post-termination of employment, to reimburse the Board (and be deemed to have
authorized the payroll withholding therefore) for an amount equal to the number
of days left in the plan year on the date of revocation or termination, divided
by the total working days in the school year, times the cash bonus payment. The
Board may elect a payment schedule providing for the payment of a cash bonus on
or before the first pay in October.
6. Individuals on Approved Leaves of Absence
a. Individuals on approved leaves of absence may continue to be participants
of a Health Benefit Plan at their own expense, subject to applicable law.
7. Vision Insurance
a. The Board agrees to provide each full-time Bargaining Unit Employee and
eligible dependent(s) the benefits of the Pennsylvania Blue Shield Pennvision
Plan, or a similarly insured or self-insured plan providing substantially
equivalent benefits (hereinafter referred to as “Vision Plan”).
b. The following shall be the extent of the Board’s contribution to the
premiums for the Vision Plan in effect:
2002-03 2003-04 2004-05 2005-06 95 % of 92% of 92% of 90% of premium premium
premium premium
c. The Board reserves the right to offer the benefits provided under this
subparagraph solely through a Section 125 Cafeteria Plan.
d. If more than one health benefit plan, vision plan or any other plan may
provide substantially similar vision benefits to the employee so that there is
or may be a duplication of benefits being provided, the plan that provides the
benefit at the least amount of taxpayers’ dollars shall be deemed to be the plan
selected by the Board or employee, as applicable, to provide vision benefits.
8. Dental Insurance
a. The Board agrees to provide coverage under a United Concordia dental plan,
or a similarly insured or self-insured plan providing substantial equivalent
benefits for each full-time Bargaining Unit employee (hereinafter referred to as
the “Dental Plan”). The Dental Plan shall provide for 100% UCR (usual, customary
and reasonable) payment for preventive and diagnostic services, restorations,
oral surgery and endodontics; 50% UCR for periodontics, prosthetics and
orthodontics. An annual maximum per person of $1,000 applies, and an $800 per
person (under age 19) lifetime maximum applies for orthodontics.
b. The following shall be the extent of the Board’s contribution to the
premiums for the Dental Plan in effect:
2002-03 2003-04 2004-05 2005-06 95% of 92% of 92% of 90% of premium premium
premium premium
c. The Board reserves the right to offer the benefits provided under this
subparagraph solely through a Section 125 Cafeteria Plan.
d. In the event that more than one health benefit plan, dental plan or any
other plan provides or may provide substantially similar dental benefits to the
Bargaining Unit Employee so that there is or may be a duplication of benefits
being provided, the Dental Plan that provides the benefit at the least amount of
taxpayers’ dollars shall be deemed to be the plan selected by the Board or
Bargaining Unit Employee, as applicable, to provide dental benefits.
ARTICLE IV – ADDITIONAL BENEFITS
1. Life Insurance
a. The Board will pay the cost of term life insurance for every professional
employee in the amount equal to the nearest One Thousand Dollar ($1,000) level
of the individual’s base salary. The minimum policy will be Twenty Thousand
Dollars ($20,000).
b. Bargaining Unit Employees shall have the option of purchasing group term
life insurance in excess of the amount provided for under this Agreement, at the
Bargaining Unit Employee’s sole cost, pursuant to rules and regulations
promulgated by the insurance carrier, and further assuming the insurer so
permits.
2. Course Credit Reimbursement
a. Upon satisfaction of the requirements of Section (b) below, the Board will
reimburse Bargaining Unit Employees with temporary professional and permanent
professional certifications for the tuition costs incurred according to the
following scale during the term of this Agreement:
Grade of A = 100% of cost up to $600 per credit Grade of B = up to $200 per
credit Grade of C or below = no reimbursement Pass = up to $200 per credit
b. Reimbursement will be granted upon/under the following terms and
conditions:
1. Employee must have completed six semester hours of graduate credits to a
permanent certification.
2. Requests for course approval must be submitted on the proper forms to the
Superintendent prior to registration. The Superintendent will approve courses
which pertain in a direct way to the professional assignment of the professional
employee or are required of a pre-approved graduate program. If a course must be
changed at registration, a corrected approval sheet must be resubmitted to the
Superintendent prior to finalizing registration.
3. The maximum number of reimbursable credits during any one school year
(including summer) shall be six (6), subject to the following exceptions:
a. The limitation of six (6) credits per year shall not apply to Bargaining
Unit Employees who are enrolled in a Master’s degree program pre-approved by the
Superintendent. In such a situation, the maximum number of reimbursable credits
during any one school year (including summer) shall be twelve (12); or
b. The maximum number of reimbursable credits during any one school year
(including summer) shall not apply to Bargaining Unit Employees who are working
toward permanent certification. In this event, the maximum number of
reimbursable credits during any one school year (including summer) shall be
twelve (12); or
c. In the event the Bargaining Unit Employee is no longer enrolled in a
Master’s degree program or has received permanent certification from the
Commonwealth of Pennsylvania, Department of Education, then during the next
school year and each school year thereafter, the Bargaining Unit employee shall
be subject to the six (6) credit per year limitation; or
d. In the event the District mandates in writing that a Bargaining Unit
Employee take a course in order to improve Bargaining Unit Employee’s teaching
techniques or to broaden a Bargaining Unit Employee’s knowledge of an area (such
as computer courses or technology courses), then in the event the credit
limitations shall not apply to the mandated course(s).
e. The maximum number of reimbursable credits during any one school year does
not pertain to persons who are on approved sabbatical leaves for study. In this
event, the maximum number of reimbursable credits during a full year sabbatical
leave (including summer) shall be twenty-four (24). The maximum number of
reimbursable credits during a one-half (1/2) year sabbatical leave (which may
include summer) shall be twelve (12) credits. The maximum number of reimbursable
credits during any semester during a sabbatical leave for study shall be twelve
(12) credits. Such twelve (12) or twenty-four (24) credits during sabbatical
leaves for study must have prior approval of the Superintendent. Nothing in this
subparagraph shall supersede the requirements set forth in Paragraph 1.b.(1) of
this Article, which sets forth that the first six (6) credits will not be
eligible for reimbursement. 4. Reimbursement will be made at the convenience of
the School District after submission of a transcript or report card showing
evidence of the successful completion of a pre-approved course or courses.
5. Each person receiving reimbursement shall sign an agreement that all
reimbursement received for courses taken during the school year will be returned
to the District if the person does not continue employment in the District the
entire succeeding school year because of his or her acceptance of another
position outside the School District or having been dismissed from employment in
the School District.
6. No reimbursement shall be made to professional employees completing
courses whose costs have been fully covered by a scholarship or governmental
private grant. In cases where a partial scholarship or grant covers a portion of
the tuition costs, the Board will pay the difference in cost, up to the maximum
already in effect for the current year.
3. Retirement Benefits
a. Retirement will be defined as leaving the service of the School District
to retire after having attained the age of fifty (50) years, with twenty (20)
years of service in the public school system, at least ten (10) years of which
were in the Perkiomen Valley School District or predecessor districts.
b. An employee who retires under the disability provisions of the
Pennsylvania Public School Employees’ Retirement System will also be eligible
for school district retirement benefits outlined in this Agreement.
c. Should same employee later return to the employment of the school
district, he or she will be eligible for a school district retirement payment
minus the sum paid by the district at the time of the disability retirement.
d. The Board will provide a retirement bonus to those staff members who
retire after ten (10) years of service in the Perkiomen Valley School District
or predecessor districts. This bonus shall be paid for each day of unused sick
leave at the rate of Thirty Dollars ($30.00) per day during the term of this
Agreement.
e. Should a certified staff member die while in the employ of the school
district, a death benefit equal to the employee’s retirement bonus shall be paid
to the surviving spouse or the employee’s estate.
f. The Board will contribute Fifty ($50.00) per month for seven years
following the retirement of Bargaining Unit Employees toward retiree health
insurance. To qualify, the retiring Bargaining Unit Employee must have 25 years
of public school service.
4. Part-time Employee
a. Benefits for part-time employees will be pro-rated in direct proportion to
time worked for less than half-time employees.
ARTICLE V – MISCELLANEOUS PROVISIONS
1. Early Excusal of Professional Employee
a. Professional employees whose schedule is free of professional obligations
at the end of the afternoon session may, with the approval of the Principal, be
excused early to attend approved professional courses. Approval will not be
unreasonably withheld.
2. Supplementary Contracts
a. In the spring of each year, for the purpose of determining co-curricular
vacancies, Bargaining Unit Employees shall declare their availability to sponsor
an activity at the same time that they declare their intention to return to
their professional assignment. Vacancies for the next school year will be posted
on or about May 1 of each school year.
b. All co-curricular assignments for the next school year, July 1 to June 30,
for which Bargaining Unit Employees receive extra compensation, shall be by
written contract with a signed copy of said contract returned to the
Administration by the first Monday in June, prior to the next school year.
c. All such supplementary contracts for any activity requiring a coach or
sponsor shall contain a conditional clause stating that the position identified
by the supplementary contract can be rescinded by the Board at its discretion,
if and when the Board has determined that the sponsorship of the activity cannot
be justified.
3. Release from Co-Curricular Position
a. Appointments to co-curricular positions are made yearly upon the
recommendation of the Principal. Dismissal from co-curricular positions shall be
made by the Principal, in writing, giving reasons, with a two week notice, and
subject to the right of the individual to a personal conference with the
Principal within two weeks of notice. At such a conference the individual may be
accompanied by a representative of the Association. An unfavorable decision may
be appealed to the Superintendent, with the Superintendent’s decision being
final.
4. Payroll Deductions
a. Payroll deductions to cover the dues for the Perkiomen Valley Education
Association, the Pennsylvania State Education Association, and the National
Education Association will be made upon the annual written request of the
individual. Requests must be made no later than the Friday of the second full
week of school.
5. Tuberculin Test
a. Prior to working in our schools, mandatory tuberculin tests are required
for the professional staff. The Board will provide these tests through the
school nurses or the school physician or the staff member’s physician at
District cost.
6. Meet and Discuss
a. Upon written request by the Perkiomen Valley Education Association or the
Perkiomen Valley School Board, a meeting shall be convened within fifteen (15)
teacher working days following such request between representatives of the
Perkiomen Valley Education Association and the duly appointed members of the
School Board and Administration. The request shall set forth those policy
matters affecting wages, hours, and terms and conditions of employment as well
as the impact thereon to be discussed. There shall be no more than six (6)
meetings per year, unless by mutual consent.
7. Professional Staff Policies
a. The provisions of the Professional Staff Policies that directly affect
wages, hours, terms and conditions of employment of the professional employees
and Grievance Procedures for such Professional Staff Policies, shall not be
changed, modified, or terminated by the Board of School Directors unless there
has been compliance with the following:
1. At least thirty (30) calendar day notice in writing to the Association
setting forth the change, modification, or statement of termination and giving
the reasons therefore; and
2. An opportunity for a representative of the Association to appear before
the Board of School Directors at a regular or special meeting or at an Executive
Session to express the views of the Association relating to the subject of the
written notice.
8. Use of Building
a. The Association and its representatives shall have the privilege of the
use of the school buildings, after the designated teacher day, for meetings.
b. The Principal of the building in question must be notified in advance of
the time and place of all such meetings and permission must be received from the
Principal.
9. Use of Bulletin Boards
a. The Association shall have the privilege of the use of a bulletin board in
the faculty room of each school building. Materials must bear the name of the
person posting.
b. Other bulletin boards within the building are reserved for other school
activities and functions and may be used only with the Principal’s permission.
10. Use of Inter-School Mail
a. The Association shall have the privilege of exercising a reasonable use of
the inter-school mail facilities and school mailboxes.
11. Reproduction of Agreement
a. The Association agrees to reproduce copies of this Agreement within thirty
(30) days after the Agreement is signed. Expenses for typing and duplicating the
copies shall be shared by the Board and the Association. The Association will
provide up to 100 copies of the Agreement to the Board as soon as practical
after it is available. The Association will be responsible for distributing
copies of the Agreement to its members and to all newly hired employees within
fifteen (15) days of receipt of written notification of the new employee’s name,
address and assignment.
12. Benefits During Approved Leaves of Absence
a. Unless required by law, no professional employee shall receive benefits
during a paid or unpaid leave of absence, pursuant to this Agreement. Employees
shall retain the option of continuing benefits at the employee’s own expense
during the period of such leave, so long as the insurer or benefit provider so
permits.
13. Notification of Assignment
a. By the last teacher day of the school year, the building principal will
notify each certified staff member of his/her tentative teaching assignment for
the forthcoming year. Such notice will specify building, grade level, and
subject area to which the certified staff member will be assigned.
b. Should a change in the teaching assignment be required, the principal will
make every attempt to discuss the change with the certified staff member thirty
(30) days prior to the opening of school before finalizing the assignment.
14. Class Size
a. The Board agrees to strive to maintain as a goal through the term of this
Agreement, subject to the strictures of imposing a fair tax obligation on its
constituents and in recognition of the demographic growth patterns of the
District, that class sizes shall be maintained at a level deemed to be
administratively reasonable during the term of the Collective Bargaining
Agreement.
ARTICLE VI – LEAVE PROCEDURES
1. Jury Duty and Subpoenas
a. Teachers absent during the school term for jury duty will be paid the
difference between their daily salary and the juror’s daily pay for each teacher
day.
b. Teachers subpoenaed to court as witnesses by an official governmental
agency shall receive the difference between their per diem salary and the
witness fee.
2. Deductions for Days of Service Lost
a. Deductions for days of service lost that do not qualify under the various
leave categories or are not approved by the Superintendent shall be determined
by dividing contract salary by the number of teacher working days in the school
year specified in this Agreement.
3. Personal Leave Days
a. The Board recognizes that during the course of the teaching year there may
arise certain mandatory duties or appointments that cannot be scheduled outside
of school hours. Typical reasons include, but are not limited to, the following:
settlement for a house; sudden illness in the family; appointment with a
specialist; graduation of a son or daughter; appearance in court; military draft
or enlistment; physical examinations.
b. Up to three (3) personal leave days will be granted to each professional
employee each school year for the purpose of handling certain mandatory duties
or appointments which cannot be scheduled outside of school hours subject to the
following conditions:
1. Two (2) days’ leave will be granted on written request with no specific
reasons stated other than personal; however, the use of these days must fall
within definitions described above. Requests for the day before or after a
multiple day vacation and/or the first two weeks or the last two weeks in the
school year will be granted at the discretion of the Superintendent.
2. One (1) additional day of leave may be granted at the discretion of the
Superintendent, with reason stated.
3. Any request may be denied for valid and proper reasons which shall be
explained to the applying employee.
c. Unused accumulated personal leave days shall be added to the accrued sick
leave days of the professional employee.
d. General personal leave procedures:
1. Leave requests must be submitted in duplicate, at least three (3) full
teacher working days in advance, to the Superintendent through the building
Principal, with one copy returned to the person making the request. In the event
of an unforeseen emergency, the Superintendent may waive the three-day notice
requirement.
2. The number of professional employees on personal leave shall be limited to
ten percent (10%) of the professional staff per building per day. The
Superintendent may approve additional requests beyond this limit.
e. Breach of behavior:
1. The Association recognizes that abuses of personal leave by a professional
employee reflect adversely upon the teaching professionals and create
undesirable conditions in the school building. Misuse of personal leave days
shall result in loss of compensation for the misused days. The Association
recognizes the right of the Board or Administration to discipline or reprimand a
professional employee for those reasons listed above.
4. Sick Leave Extension
a. When an illness extends beyond thirty (30) calendar days and after accrued
sick leave and personal leave days have been exhausted, the Board will provide
these professional employees with five or more years of experience in Perkiomen
Valley:
1. Full pay for up to thirty (30) teacher days of absence.
2. If the illness extends beyond thirty (30) days, half pay will be provided
for sixty (60) more teacher days of absence.
3. After accrued and extended sick leave has been exhausted, a Bargaining
Unit Employee will be paid the difference between the Bargaining Unit Employee’s
daily rate and the substitute’s pay for the continuation of the long-term
illness until the end of the scheduled Bargaining Unit Employee’s year for the
school term in which the illness occurs.
Examples:
a. Staff member has accrued fifty (50) days of sick leave. If extended
illness consumes these fifty (50) days, the staff member will be eligible for an
extension of up to thirty (30) more sick days at full pay. After the preceding
is consumed, the staff member will be eligible for an extension of sixty (60)
more sick days at half pay.
b. A staff member has accrued twenty-five (25) days of sick leave. The staff
member will receive twenty-five (25) days of full pay for sick leave; five (5)
days will be without pay; then thirty (30) days at full pay, followed by sixty
(60) days at half pay.
b. It is understood that a physician’s letter will be presented at the
beginning of the thirty (30) days of extended full pay sick leave and the sixty
(60) days of half pay. The School Board reserves the right to have its own
physician examine the employee at more frequent intervals and review all medical
and hospital records relating to the illness.
c. It is understood that if a professional employee returns to service from
an extended illness and an illness or accident of a non-related nature to the
previous disabling illness or accident occurs, the coverage period would start
anew.
5. Association Business Leave
a. The Board shall grant fifteen (15) days’ Association Business Leave during
the 2002-03 school year and twenty (20) days’ Association Business Leave during
each of the subsequent years of this Collective Bargaining Agreement, at the
discretion of the Association, by members of the Association for conventions,
conferences and meetings without loss of pay.
b. The Perkiomen Valley Education Association will reimburse the Board at the
prevailing daily rate for substitute teachers for each day of Association
Business Leave taken.
c. Guidelines for use:
1. The days to which the teacher on Association Business Leave is entitled
may be taken in less than full days, with prior approval of the Superintendent.
2. The Association’s president will notify the Superintendent in writing five
(5) working days in advance of any leave. The Superintendent has discretion to
waive this requirement.
3. There is to be a limit of two (2) employees per building absent on any day
for Association Business Leave.
4. Upon written request by the Association president, Association members
required to attend arbitration hearings held when classes are in session will be
excused with no reduction of days from the Association Business Leave days. The
Association will be responsible to reimburse the Board at the prevailing daily
rate for substitutes necessary to cover the duties of excused personnel
requested by the Association.
6. Workers Compensation
a. If an employee is absent due to any injury or illness sustained while
engaged in services to the District which is determined to be compensable under
the Workers Compensation Act, the District will pay the Bargaining Unit Employee
the difference between full pay and the workers compensation benefits received
until the end of the school year in which the occupational injury or illness
began. In order for the Bargaining Unit Employee to be entitled to the
difference between full pay and the workers compensation benefits received until
the end of the school year in which the occupational injury or illness began,
the employee shall be required to use the employee’s accumulated sick leave days
toward reducing the District’s obligation pursuant to this Paragraph. Under
these circumstances, available sick days will be reduced by one (1) day for
every three (3) days of workers compensation leave taken. In the event the
employee exhausts the Bargaining Unit Employee’s sick days or does not have any
available sick days, the District will be required to pay the employee the
difference between full pay and the benefits received until the end of the
school year in which the occupational injury or illness began.
b. In the event the Bargaining Unit employee opts not to draw upon the
Bargaining Unit Employee’s accumulated sick leave days toward reducing the
District’s obligation pursuant to this section to pay the Bargaining Unit
Employee the difference between full pay and the benefits received, then in that
event the District will not be required to pay the employee the difference
between full pay and the benefits received until the end of the school year in
which the occupational injury or illness began, and will be obligated only to
fulfill its requirements pursuant to the Workers Compensation Insurance Act.
7. Childbearing/Childrearing Leave
a. A childbearing leave will be granted in conjunction with the birth of a
child, with the following provisions:
1. The period of childbearing leave shall be that period of time that a
licensed medical practitioner in the Commonwealth of Pennsylvania certifies that
the professional employee is disabled as a result of childbearing.
2. During the period of childbearing leave the professional employee shall be
entitled to all fringe benefits to continue at the District’s expense.
3. During the period of childbearing leave certified by a licensed medical
practitioner in the Commonwealth of Pennsylvania, the employee will be eligible
for sick leave benefits under the same terms and conditions as any other sick or
disabled employee.
b. A childrearing leave will be granted after the birth of a child and in
conjunction with the adoption of a child, with the following understanding:
1. The period of leave shall be that period of time beginning at the
expiration of the childbearing leave or at the time of the adoption of a child.
2. During the period of leave, the employee shall receive no pay or fringe
benefits, and the time of leave shall not count toward salary schedule
advancement. However, the employee may elect to continue hospitalization, dental
and life insurance coverage at the employee’s own expense, provided that the
employee prepays to the district the premiums for the employee’s participation
in the plan(s).
c. The request for childbearing and/or childrearing leave shall be in
writing, addressed to the Superintendent, and submitted at least sixty (60)
calendar days in advance of the date the leave is to begin.
d. Childrearing leaves shall not exceed twenty (20) school months in length.
e. Return to the district from childrearing leave must correspond to the
beginning date of the semester in which the employee indicated the desire to
return, notwithstanding the provisions in this Agreement relating to the Family
and Medical Leave Act of 1993 (Paragraph 8 herein).
f. Upon return to active employment immediately upon the expiration of the
authorized leave of absence, seniority, accumulated sick leave, and full
participation in all of the benefits of employment shall be reinstated to said
employee as of the date when these benefits were accumulated at the beginning of
the leave of absence. The employee may be assigned to any position for which he
or she is properly certified.
g. At least ninety (90) calendar days prior to the expiration date of said
leave(s), the Administration will mail a certified letter to each teacher on
leave requesting confirmation of their proposed date of return. An employee who
does not notify the Superintendent in writing of an intent to return at least
sixty (60) calendar days before the expiration of the leave(s) shall be
determined to have resigned as of the date such authorized leave(s) commenced,
notwithstanding the provisions in this Agreement relating to the Family and
Medical Leave Act of 1993 (Paragraph 8 herein).
h. An employee who resigns under these provisions as set forth in the above
paragraph may, at the sole discretion of the Superintendent, receive a letter of
recommendation assuring the employee of a similar position when one becomes
available. The employee will be placed on the same salary step as assigned at
the time of resignation. This letter shall be valid for a period of five (5)
years. It shall be the responsibility of the teacher to initiate application for
reemployment during the stated time period.
8. Family and Medical Leave Act of 1993
a. When an eligible employee pursuant to the Family and Medical Leave Act of
1993 (FMLA) is employed as a Bargaining Unit Employee principally in an
instructional capacity (those Bargaining Unit Employees who are individuals
whose principal function is to teach and instruct students in a class, small
group or individual setting, which includes teachers, but does not include
nurses, counselors, psychologists or curriculum specialists), and when the
period of the leave is near the conclusion of an academic term (for the purposes
of this Agreement, a student year typically ending in the month of June), the
following rules will apply to eligible employees employed principally in an
instructional capacity:
1. If the eligible employee begins the leave more than five (5) weeks prior
to the end of the academic term, the Board hereby requires the employee to
continue taking the leave until the end of the term if (I) the leave is of at
least three (3) weeks in duration and (ii) the return to employment would occur
during the three (3) week period before the end of such term.
2. If the eligible employee begins a Birth (leave involving the birth of a
child and in order to care for that child), Placement (leave involving the
placement of a child for adoption or foster care) or Care (leave to care for a
spouse, child or parent, but not a parent-in-law with a serious health
condition) Leave during the period which starts five (5) weeks before the end of
the academic term, the Board hereby requires the employee to continue taking
leave until the end of the term if (I) the leave is of greater than two (2)
weeks in duration and (ii) the return to employment would occur during the two
(2) week period before the end of such term.
3. If the eligible employee begins a Birth, Placement or Care Leave during
the period which starts three (3) weeks before the end of the academic term and
the duration of Leave is greater than five (5) working days, the Board hereby
requires the employee to continue taking leave until the end of the term.
b. For purposes of this Agreement, if a Bargaining Unit Employee chooses, or
is required to take leave until the end of a school term, the entire period of
leave will count as Family and Medical Leave Act of 1993 leave.
9. Bereavement Leave
a. In accordance with Section 1154(b) of the Public School Code of 1949,
whenever a professional or temporary professional employee shall be absent from
duty because of a death in the immediate family of said employee, there shall be
no deduction in salary in said employee for an absence not in excess of three
(3) school days.
b. In the event said employee receives notification of a death in the
immediate family of said employee during said employee’s seven and one-half
(7-1/2) hour work day, then in that event the District shall not treat such a
day to be eligible for consideration as one (1) of the three (3) school days
eligible for bereavement day entitlement.
c. Members of the immediate family shall be defined as father, mother,
brother, sister, son, daughter, husband, wife, parent-in-law, or near relative
who resides in the same household, or any person with whom the employee has made
his or her home.
ARTICLE VII – RIGHTS AND PRIVILEGES
1. Grievance Procedure
a. Definition of Grievance
1. A “grievance” is hereby defined as a complaint by the Perkiomen Valley
Education Association on behalf of a teacher or a group of teachers regarding
the meaning, interpretation, or application of any provision in this Agreement.
b. Purpose of the Grievance
1. The purpose of this procedure is to secure, at the lowest possible level,
equitable solutions to complaints regarding the meaning, interpretation, or
application of the Agreement which may from time to time arise as it affects
employees. Both parties agree that these proceedings will be kept as informal
and confidential as may be appropriate at any level of the procedure.
c. Procedure of the Grievance
1. Time Limits
a. Since it is important that grievances be processed as rapidly as possible,
the number of days indicated at each level should be considered as a maximum and
every effort should be made to expedite the process. The time limits specified
may, however, be extended or lessened by mutual agreement.
2. Level One – Principal or immediate supervisor
a. A teacher with a grievance shall, through the Association’s designated
representative, first discuss the grievance with the Principal or immediate
supervisor, with the objective of resolving the matter informally. The grievance
shall be presented within ten (10) teacher working days after its occurrence or
after the first day when the teacher should reasonably be aware of its
existence. The Principal or immediate supervisor shall have five (5) teacher
working days to submit a written response to the Association.
3. Level Two – Superintendent
a. If the Association is not satisfied with the disposition of the grievance
at Level One, or if no decision has been rendered within five (5) teacher
working days after the presentation of the grievance, it may file the grievance
in writing with the Superintendent within five (5) teacher working days after
the decision of Level One or ten (10) teacher working days after the grievance
was presented, whichever is sooner. The Superintendent shall have ten (10)
teacher working days in which to submit a written response to the Association.
4. Level Three – Board of School Directors
a. If the grievance has not been resolved at Level Two, the Association may,
within ten (10) teacher working days after the date of the written response of
the Superintendent, submit the grievance, in writing, to the President of the
Board of School Directors. The President of the Board of School Directors will,
within fifteen (15) teacher working days, hold a hearing before a committee of
the Board duly appointed. The committee shall, within ten (10) teacher working
days of the hearing date, respond with a written decision to the Association.
5. Level Four – Arbitration
a. If the Association is not satisfied with the disposition of the grievance
at Level Three, or if no decision has been rendered within ten (10) teacher
working days after the grievance hearing was held by the Board of School
Directors, the Association may, within five (5) teacher working days after a
decision by the Board of School Directors or fifteen (15) teacher working days
after the grievance hearing was held by the Board of School Directors, whichever
is sooner, request in writing that the grievance be submitted to arbitration.
b. Within ten (10) teacher working days after such written notice of
submission to arbitration, the parties shall attempt to agree upon a mutually
acceptable arbitrator to serve. If the parties are unable to agree upon an
arbitrator or to obtain such a commitment within the specified period, the
procedures as defined under Act 195, Article IX, Section 903, will be complied
with.
c. The arbitrator so selected shall hold hearings promptly and shall issue
his decision not later than twenty (20) calendar days from the date of the close
of the hearings or, if oral hearings have been waived, then from the date the
final statements and proofs on the issue are submitted to him. The arbitrator’s
decision shall be in writing and shall set forth his findings of fact,
reasoning, and conclusions on the issues submitted. The arbitrator may rule only
upon the meaning, interpretation, or application of any provision in the
Agreement; he shall be without power or authority to make any decision which
requires the commission of an act prohibited by law or which is violative of the
terms of this Agreement. His decision shall be submitted to the parties in
interest and shall be accepted by the parties in accordance with the
requirements and limitations as set forth in Article IX, Section 903, of the
Public Employee Relations Act.
d. The cost of arbitration shall be shared equally by the parties.
d. Rights of Teachers to Representation
1. Teacher and Association
a. Teachers shall be represented at all stages of the grievance procedure by
a representative selected or approved by the Association.
2. Reprisals
a. No reprisals of any kind shall be taken by the Board or by any member of
the Administration or by the Association against any party in interest, any
representative, any member of the Association or any other participant in the
grievance procedure by reason of such participation.
e. Miscellaneous
1. Group Grievance
a. If, in the judgment of the Association, a grievance affects a group or
class of teachers, the Association may submit such grievance in writing to the
Superintendent directly and the processing of such grievance shall be commenced
at Level Two.
2. Written Decisions
a. Decisions rendered at Levels Two, Three and Four of the grievance
procedure shall be in writing, setting forth the decision and the reasons
therefore, and shall be transmitted promptly to all parties in interest and to
the Association.
3. Time Limits
a. Failure of the Association to proceed to the next level within the time
limits set forth within this grievance procedure or within such other time
limits mutually agreed upon shall be deemed an acceptance of the last decision.
4. Forms
a. Forms for filing grievances, serving notices, taking appeals, making
reports and recommendations, and other necessary documents shall be prepared
jointly by the Superintendent and the Association and given appropriate
distribution so as to facilitate operation of the grievance procedure. A copy of
the Grievance Form is included in this Agreement as “EXHIBIT C”.
5. Meetings and Hearings
a. All meetings and hearings under this procedure shall be deemed private and
shall not be open to members of the public.
2. Fair Share
a. Employees in the Bargaining Unit who are not members of the Association,
shall be required to pay to the Association a “fair share fee” for services
rendered as the exclusive bargaining agent for the School Year in question. For
purposes of this Section, “fair share fee” shall mean the regular membership
dues required of members of the PVEA/PSEA/NEA plus the cost for the previous
fiscal year of its activities or undertakings which were not reasonably employed
to implement or effectuate the duties of the Employee organization as exclusive
representative.
b. The District, on or before September 30 of each School Year will provide
the Association with a list of the names and last known addresses of all
Bargaining Unit Employees. The District will also provide the Association with
the name and last known address of an employee hired after September 30; such
notice to be provided within thirty (30) days after the date of hire.
c. On January 15 of any School Year, the Association shall provide the
District with the names of Bargaining Unit Employees who are non-members of the
Association, the amount of the “fair share fee”, and a payment schedule for the
deduction of the fee. The payment schedule shall be similar to the calendar
dates established for payroll deductions for Association members. For employees
hired after September 30 of each School Year, the Association will provide the
District with the amount of the fee and a payment schedule for deduction of the
fee within thirty (30) days after receipt of notice from the District of such
employee’s hiring. The District will deduct such fee from the paychecks of each
non-member in accordance with the schedule provided, and shall transmit the
amount deducted to the Association treasury each month.
d. The Association shall indemnify, defend and hold harmless the Board, each
individual Board member, the Administration and the administrative employees
harmless against any and all claims, demands, suits, loss or expense, liability,
claims for back pay, attorney’s fees, court or administrative agency costs or
any other liability that shall arise out of any claim, suit, action, proceeding
or grievance relating to the implementation of this Section of the Collective
Bargaining Agreement. The Association shall, at its own cost and expense, defend
any such claim, suit, action, proceeding or grievance, whether groundless or
not, which may be commenced against the Board, individual Board members, the
Administration or administrative employees by reason of this Section of the
Collective Bargaining Agreement, and the Association shall pay any and all
judgments which may be recovered in any such action, claim, proceeding, suit or
grievance, and defray any and all expenses, including costs and attorney’s fees,
which may be incurred in or by reason of such action, claim, proceeding, suit or
grievance. Attorneys employed by the Board or its agents shall not enter into
any matter pursuant to this Section unless the Association does not fulfill its
responsibilities as are set forth herein.
3. Maintenance of Membership
a. The parties agree that all members of this bargaining unit who are
dues-paying members of the Association shall be subject to Article III,
Sub-Section (18) of the Public Employees Relations Act which provides:
1. …employees who have joined an employee organization or who join the
employee organization in the future must remain members for the duration of a
collective bargaining agreement so providing with the proviso that any such
employee or employees may resign from such employee organization during a period
of fifteen (15) days prior to the expiration of any such Agreement.
4. Separability
a. If any provision of this Agreement or any application of this Agreement to
any employee or group of employees is held to be contrary to law, then such
provision or application shall not be deemed valid and subsisting, except to the
extent permitted by law, but all other provisions or applications shall continue
in full force and effect.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, executed on October 7, 2002, by and between
the BOARD OF SCHOOL DIRECTORS OF THE PERKIOMEN VALLEY SCHOOL DISTRICT and the
PERKIOMEN VALLEY EDUCATION ASSOCIATION, the certified exclusive representative
of all professional employees in the negotiating unit, shall be effective as of
September 1, 2002, except where specified, and remain in full force and effect
until August 31, 2006.
This Memorandum of Understanding is not to be considered part of the
Collective Bargaining Agreement, nor is it subject to the grievance process set
forth therein.
It is agreed and understood that the Board of School Directors of the
Perkiomen Valley School District and the Perkiomen Valley Education Association
shall abide by the following during the term of this Memorandum of
Understanding:
1. Grievances on Items Set Forth in this Memorandum of Understanding
a. Grievances relating to items enumerated in this Memorandum of
Understanding shall follow the procedures outlined in the Collective Bargaining
Agreement between the Board of School Directors of Perkiomen Valley School
District, and the Perkiomen Valley Education Association and are subject to the
following limitations:
1. Incidents initiated by Bargaining Unit Employees and/or the Perkiomen
Valley Education Association permitted to be taken to Level Two
(Superintendent).
2. No grievances concerning items in this Memorandum of Understanding may be
taken beyond Level Two (i.e. Level Three – Board of School Directors, or Level
Four – Arbitration).
2. Assignment and Transfer of Personnel
a. Each February a questionnaire will be sent to every certified staff member
to allow the staff member to request assignment for the following year.
b. All staff vacancies, except those for classroom teachers, are posted at
least two weeks prior to the appointment of persons to those positions. Usually
classroom vacancies are announced and teachers are given the opportunity to
apply for transfer to be effective within the immediate future or the following
school year. (Requests in 2.a. above considered.)
c. Procedure for transferring:
1. Staff member writes a letter or responds on the questionnaire sent each
year in February to the Superintendent stating a desire for a transfer.
2. The Superintendent consults with Principals involved in request.
3. If the request is approved, a letter is written by the Superintendent to
the staff member.
4. If the request is disapproved, a letter will be written to the staff
member by the Superintendent indicating the reason(s) for disapproval.
5. A staff member receiving a disapproval of transfer request may speak to
the Principal and the Superintendent, if desired.
6. If a staff member changes his/her mind after a request, this request will
again be channeled through the procedure outlined above.
d. Professional personnel may apply for voluntary reassignment and/or
transfer. Such requests will be made in writing to the Superintendent stating
the grade, subject, or position desired and the school or schools to which the
transfer is requested. Such requests will be considered when scheduling is made,
but this consideration is not intended to limit the flexibility of the
Administration. It is recognized that the assignment, transfer and promotion of
personnel is a management function vested exclusively in the Board.
e. Transfers, where practical, will be made on a voluntary basis. When an
involuntary transfer or reassignment is necessary, the personnel so affected may
request, and shall be granted, a conference with the Superintendent or his/her
designee concerning the need for such a change.
3. Class Size
a. The Board will consider the number of mainstreamed students in class size
calculations for the purposes of evaluating staffing needs.
IN WITNESS WHEREOF, the parties hereto agree to this Memorandum of
Understanding by evidencing their signatures.
BOARD OF SCHOOL DIRECTORS OF THE PERKIOMEN VALLEY SCHOOL DISTRICT
By: ___________________________________ President
PERKIOMEN VALLEY EDUCATION ASSOCIATION
By: ___________________________________ President
Lifelong
Learning is Our Goal!
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Perkiomen Valley Education Association
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