MASTER CONTRACT BETWEEN THE BOARD OF SCHOOL TRUSTEES OF THE WEST CLARK COMMUNITY SCHOOLS AND WEST CLARK TEACHERS' ASSOCIATION

Transcription

1 MASTER CONTRACT BETWEEN THE BOARD OF SCHOOL TRUSTEES OF THE WEST CLARK COMMUNITY SCHOOLS AND WEST CLARK TEACHERS' ASSOCIATION August 15, 2010 July 31, 2016

2 TABLE OF CONTENTS PAGE ARTICLE I - RECOGNITION... 1 Definitions... 1 ARTICLE II - MANAGEMENT RIGHTS... 1 ARTICLE III - TEACHER RIGHTS... 2 ARTICLE IV - ASSOCIATION RIGHTS... 8 ARTICLE V - DUES DEDUCTION... 9 ARTICLE VI - SCHOOL YEAR, DAILY HOURS & FACULTY MEETINGS... 9 ARTICLE VII - DIRECT COMPENSATION ARTICLE VIII - INSURANCE BENEFITS Group Term Life Insurance Medical Insurance, Major Medical, Out of Pocket Expenses Long Term Disability Section 125 Flexible Figure Benefit Plan ARTICLE IX - RETIREMENT BENEFITS ARTICLE X - TRAVEL REIMBURSEMENT & LIABILITY INSURANCE ARTICLE XI - PAID LEAVE Sick Leave Personal Leave Court Leave Jury Duty Leave Illness in Immediate Family School Activities Leave Professional Leave Association Leave Personal Injury Leave ARTICLE XII - SICK LEAVE BANK ARTICLE XIII - MATERNITY LEAVE AND ADOPTIVE LEAVE ARTICLE XIV - UNPAID LEAVE i

3 Sabbatical Leave Leave of Absence Reduction in Force ARTICLE XV - PROVISIONS COVERING ALL LEAVES ARTICLE XVI - PAY DATES ARTICLE XVII - EFFECTS OF THE CONTRACT ARTICLE XVIII - GRIEVANCE PROCEDURE Definitions Purpose Procedure ARTICLE XIX - SCHOOL CLOSINGS ARTICLE XX - BUILDING LEVEL LIAISON COMMITTEES ARTICLE XXI - CORPORATION LEVEL LIAISON COMMITTEE DISCUSSION PROCEDURES In General Procedures ARTICLE XXII - SPECIAL EDUCATION PLANNING IMPLEMENTATION AND PROCEDURES ARTICLE XXIII - REDUCTION IN FORCE General Guidelines for Reduction in Force Recall ARTICLE XXIV - TERM OF AGREEMENT APPENDIX A APPENDIX B APPENDIX C APPENDIX D TEACHER SURVEY ii

4 ARTICLE I RECOGNITION Section 1. The Board hereby recognizes the West Clark Teachers' Association as exclusive representative of all teachers in the school corporation. Section 2. Definitions: A. The term "teacher when used in this Contract shall refer to all certificated school employees, as defined in the Acts of 1973 Public Law No. 217, in West Clark Community Schools, an Indiana School Corporation, except for supervisors, as that term is defined by Public Law No. 217; Superintendents; Assistant Superintendents; Administrative Instruction Assistant; Business Managers; Principals; Vice Principals; and Substitute Teachers. B. The term "Association", when used in this contract, shall refer to the West Clark Teachers' Association. C. The term "Board", when used in this Contract, shall refer to the entity of the Board of School Trustees of the West Clark Community Schools. The terms "Board" or "School Corporation" are used interchangeably in this Contract and obligations arising out of this Contract upon the Board may be delegated by the Board to its agents and need not be performed personally by members of the Board. D. The term "Board" and "Association" shall include authorized officers, representatives, and agents. E. The term "school corporation" when used in this Contract, shall refer to the West Clark Community Schools of the County of Clark of the State of Indiana, which is governed by the Board. F. When references are made to teachers in this Contract, it includes male and female teachers. ARTICLE II MANAGEMENT RIGHTS Section 1. The Board and the Association recognize that the Board shall have responsibility and authority to manage and direct in behalf of the public the operations and activities of the school corporation to the full extent authorized by law. Such responsibility and authority shall include, but not be limited to, the right of the school employer to: A. Direct the work of its employees during contracted times; 1

5 B. Establish policy; C. Hire, promote, demote, transfer, assign and retain employees; D. Suspend or discharge its employees in accordance with applicable law; E. Maintain the efficiency of school operations; F. Relieve its employees from duties because of lack of work or other legitimate reasons; G. Take actions necessary to carry out the mission of the public schools as provided by law. Section 2. The Board and the Association recognize the express provisions of this Agreement and the provisions of Public Law 217 as being the only limitations upon the Board's rights to manage the school corporation. Section 3. The absence of a specific reference to a right to manage contained herein shall in no way imply its absence or any limitation thereon. ARTICLE III TEACHER RIGHTS Section 1. School employees shall have the right to form, join or assist employee organizations, to participate in collective bargaining with school employers through representatives of their own choosing and to engage in other legal activities, individually or in concert for the purpose of establishing, maintaining, or improving salaries, wages, hours, salary and wage related fringe benefits and other matters in Sec. 4 and 5 of Indiana Code Section 2. Nothing contained herein shall be construed to deny or restrict to any teacher rights he/she may have under the Indiana General School Laws or any other applicable laws and regulations. Section 3. No derogatory matter shall be placed in the teacher's file without the teacher's knowledge. If the teacher so desires, he/she shall be given an opportunity to make a written statement of defense or response to be attached to the derogatory statement as it is placed in the personnel file. The teacher's response or defense will remain attached to the derogatory material as long as it remains in the personnel file. Teachers shall be permitted to see their files on request and may have duplicated, one copy of any information in the file that is not of a confidential nature. 2

6 Section 4. Vacancies A. Before filling any vacancy in instructional (regular or temporary) and extra-curricular positions, the School Board shall post those vacancies in each school building for a minimum of five (5) school days. Upon filling vacancies, the School Board shall notify all applicants who are currently employed by the West Clark Community Schools as to the fact that the position was filled and by whom. In the event that vacancies occur after the close of the school year, notification shall be mailed to the Association President relative to said vacancies within three (3) days after such posting. This provision shall not prohibit the employer from filling the vacancy on a temporary basis during said posting period. B. In the event the employer determines a vacancy exists in a certified teaching position, the employer will review current applications submitted during the previous twelve (12) months from date of review, in the following order: 1. The teachers within the building where the employer has determined a vacancy has occurred shall be considered first; 2. Other teachers under regular contract within the corporation; and 3. Persons employed by the corporation as a teacher at the time of review. Section 5. Transfers A. Teachers who desire a change in position, a change in grade level or subject area assignment at the secondary level, or who desire to transfer to another building may file a written statement of such desire with the Superintendent (see Form WCCS-220). Such statement shall include the position, grade, and/or subject to which the teacher desires to be transferred, in order of preference. The teacher should notify his/her present principal that such a request has been made. B. The Superintendent will consult with the principal of the school to which the transfer is sought. The Superintendent or his designee shall also consult with the teacher who requests such transfer, and shall consider the request of the teacher who is requesting transfer. The reasons for such teacher desiring to transfer shall be discussed with the teacher and considered by the Superintendent or his designee. C. In order to facilitate transfers, as well as general recruitment, teachers are encouraged to communicate to their immediate supervisor their plans for the following year as soon as possible. The Board will survey the teaching staff 3

7 each year during the months of January or February to assist it in determining the employment status of teachers for the ensuing school year. Section 6. Involuntary Transfers. A. When an involuntary transfer is proposed by the School Corporation because of a reduction in the number of the teaching positions in a school building, any volunteer(s) shall be transferred first if there exists at that time a vacancy to which an involuntary transfer(s) is being effected and for which the volunteer(s) is certified. B. After transferring any volunteer(s) from a school building because of the reduction in the number of teaching positions in that building, the School Corporation will involuntarily transfer the teachers with the least seniority which are certified to teach any of the vacant positions to which the involuntary transfer is being effected. C. A school employee who is involuntarily transferred after September 1, 2001, because of a reduction in the number of school employee positions in the school from which the school employee was involuntarily transferred because of the reduction in the number of positions, closing a school building, or the relocation of a grade level or subject from one school building to another school building will have the opportunity to be placed on the preferential transfer list for the two (2) school years immediately following the school year in which the school employee was involuntarily transferred. 1. A school employee who opts to be placed on the preferential transfer list shall notify in writing the Superintendent s Office within thirty (30) days of the effective date of the involuntary transfer. This notice shall contain the address at which the school employee desires to be notified. It is the responsibility of the school employee to provide the School Corporation with any change in address by a written update. 2. A school employee on the preferential transfer list will have priority over any newly hired school employee or any other school employee transferring into the building to a vacancy in the building from which the school employee was involuntarily transferred and for which the school employee is certified. 3. If a vacancy becomes available for which a school employee on the preferential transfer list has a right to be transferred, the School Corporation shall offer the transfer to the school employee, in writing, by delivery in person, or by registered or certified mail to the address of the school employee given to the School Corporation in the school employee s notice of opting for the preferential transfer list. 4

8 4. A school employee offered a transfer pursuant to this provision must accept such offer within five (5) calendar days or three (3) school days whichever is less if delivered in person or within fourteen (14) days of the offer s mailing date if the offer is mailed, by written notice received by the Superintendent s office within the above time limits. If a school employee turns down three (3) preferential transfer offers, the teachers preferential rights will terminate. If an employee does not respond in a timely manner, it is equivalent to a refusal. 5. If two or more employees are eligible for a transfer under this section, the school employee with the greatest seniority shall have preference. 6. A school employee who volunteers to be transferred, pursuant to this Section, will not be considered to have transferred involuntarily. Section 7. During the term of a teacher's regular teaching contract, a teacher shall not be suspended without pay or have his or her employment contract canceled without just cause existing for the cancellation. For a permanent teacher, just cause shall include the following: A. Immorality; B. Insubordination; C. Neglect of duty; D. Incompetency; E. Justifiable decrease in the number of teaching positions; or F. Other good and just cause. For a semi-permanent teacher, just cause shall include the following: A. Immorality; B. Insubordination; C. Neglect of duty; D. Substantial inability to perform teaching duties; E. Justifiable decrease in the number of teaching positions; F. Good and just cause; or G. The cancellation is in the best interest of the School Corporation. For a non-permanent teacher just cause shall include the following: A. Any reason considered relevant to the School Corporation's interest; or B. A teacher's inability to perform his teaching duties. Section 8. The employer will make a reasonable effort to employ a substitute teacher in the event a classroom teacher is absent from classroom duties for a full or half 5

9 day, provided the absent teacher notifies the employer of his or her absence at the earliest possible time. Section 9. It is agreed between the Board and the Association that the Teacher Survey Form WCCS-220, as provided in the appendix, relative to teacher assignment, transfer, retirement, degree change status, etc., be continued during the duration of this contract and that the information obtained be furnished to the Association by the 10th day of March each year, provided that each teacher shall return such form no later than March 1, of each year. Section 10. The administrative staff will make reasonable effort to reduce any inequities that may exist in teaching loads and assignments throughout the school corporation. Within the first ten (10) school days, the Superintendent will meet with the Association discussion team to discuss any individual class size concerns. Section 11. Evaluation. A. Non-permanent and semi-permanent teachers will receive two (2) formal evaluations annually, the first before December 31, and the second before April 30. Permanent teachers will receive at least one (1) formal evaluation every three years and that evaluation will be provided the teacher on or before April 30. However, the School Corporation may evaluate a teacher more frequently than the minimum requirement. B. No teacher will be evaluated on the basis of student standardized test scores. This restriction does not, however, limit in any manner the School Corporation from using such scores in adapting curriculum, teaching methods or strategies. C. Peer Assistance Program. 1. The School Corporation and the Association recognize that instructional services should be provided by highly qualified and motivated staffs. Towards that end, the parties agree to provide a structured Peer Assistance Program on a voluntary basis for any individual semi-permanent or permanent employee who meets the following criteria: a. A teacher who believes that his/her teaching performance will benefit from the Peer Assistance Program, or b. A teacher who receives an unsatisfactory on his/her evaluation. B. The specific guidelines of the Peer Assistance Program shall be developed by the Association and the School Corporation through 6

10 discussion and these guidelines will be completed by March 1, 2000, and distributed. C. The parties agree that no actions performed by bargaining unit members under the implementation of the Peer Assistance Program will be used to classify any bargaining unit member as a supervisor, as the term is defined by I.C (h) or I.C (a)(2), nor shall the exclusive representative nor the school employer in any way try to use the Peer Assistance Program to exclude a bargaining unit member from the collective bargaining unit as it is defined by this agreement. D. This Program shall be totally voluntary for those teachers wishing to provide assistance ( Peer Assistance Teacher ), and for those teachers receiving the assistance and who meet the criteria above. Likewise, this Peer Assistance Program shall in no way be considered a pre-condition necessary in connection with the nonrenewal or cancellation of a teacher s contract by the School Corporation. Selection of the Peer Assistance Teacher(s) will be made after consultation with the teacher receiving assistance and the Association. E. The Peer Assistance Program shall constitute a confidential relationship between the assisting teacher and that teacher needing assistance limited only to the following: a. Knowledge of any information which would require either teacher to provide a report to child protection services under Indiana law; or b. Knowledge of the commission of any crime. With the exception of the above, the School Corporation is prohibited and the teacher receiving assistance are prohibited from subpoenaing the Peer Assistance Teacher as a witness in any proceeding in connection with the testimony of that Peer Assistance teacher s interaction with the teacher being assisted. F. It shall remain the responsibility of the building administrator to hire, assign, evaluate, reprimand and dismiss members of the bargaining unit. Peer Assistant Teachers have no responsibility as it relates to effective input to any of these categories or final decision-making in any of these categories. 7

11 ARTICLE IV ASSOCIATION RIGHTS Section 1. The Association (WCTA) shall have the right to use school buildings at reasonable hours as determined by the Board of Education with the clear understanding that such use shall be restricted to meetings of the Association and local UniServ Director for locally sponsored Association business only. Said usage shall not interfere with other usage by the Board of Education or the public. As a condition of the right to use school facilities, and while said building is under the control of the Association said Association shall be responsible for any damage, loss, liability or improper usage save reasonable wear and tear incurred as a result of such use. Section 2. The Association shall be permitted to provide for its own use bulletin boards in the teachers' work room, provided said usage is restricted to routine material and/or messages, etc. Except for the Association's elections, political campaign literature shall not be posted on school bulletin boards. Section 3. The Association shall be permitted to use the facilities of the principal's mail boxes in the central office for the transmission of routine materials and/or messages, etc., providing said usage does not interfere with official use of said boxes. At the start of each school year, the Association President and the Superintendent will agree upon the procedure for the use of the Central Office mail boxes. Except for the Association's internal election, political campaign literature shall not be placed in the mail boxes. Section 4. If an orientation meeting for new teachers and/or general meeting is held at the beginning of the school year, the Association shall be given a place on the agenda. Section 5. The President of the Association or the local UniServ Director shall be allowed to visit schools provided he/she first announces his/her presence in the building to the principal and there is no disruption or interference with, or in the educational program in the school which is visited and with the President's own teaching assignments. Section 6. The Association may have a place on the Board agenda for regular meetings in the order the items are submitted to the Superintendent for placement on the agenda and no item shall be moved ahead of the Association's place on the agenda. In order to be placed on the agenda, the Association shall request a place on the agenda by noon on the Friday preceding the regular Board meeting. The Association shall submit the nature and purpose of its item. Items of an emergency nature which are not submitted as stated above shall be subject to current Board practices, rules and procedures on the placement of emergency items on an agenda, which is that the Board must unanimously approve an addition to the agenda. The Association President shall receive School Board agenda outlines and minutes of all open School Board meetings, other than executive sessions, as they are distributed. Section 7. The rights and privileges granted to the Association in this Article shall be granted to no other organization representing teachers. 8

12 Section 8. The Association recognizes that the foregoing items are discussable areas not subject of, nor treated as items of negotiation. The addition of those items into this collective bargaining contract does not impose the obligation upon the School Corporation to bargain those items in the future. ARTICLE V DUES DEDUCTION Section 1. The Board agrees to deduct from the salaries of teachers who are members of the Association, the dues of such Association as such teachers voluntarily and individually authorize on forms provided by the Association with the full understanding that the Association shall save the Board harmless and free from any liability resulting from any action taken or not taken by the Board or its agents in reliance on information supplied by the Association. Further nothing contained herein shall be construed as agreement to maintenance of membership so that each teacher shall be free to belong or not belong to the Association. The dues shall be deducted in twelve (12) equal consecutive installments starting with the first pay in November. Effective with the school year the dues shall be deducted in sixteen (16) consecutive installments starting with the first pay in November. Dues authorizations shall be submitted to the payroll department by the second Tuesday of October. The authorization for payroll deduction of Association membership dues shall be on a continuing basis unless revoked in writing, by the employee, to the Superintendent, who will immediately supply a copy to the Association President. Section 2. The dues collected shall be mailed to the home of the West Clark Teachers Association treasurer as they are collected. If the Association establishes an eligible account, dues collected should be forwarded to the Association via electronic transfer following every pay date that dues are withheld from school employee s payroll checks. ARTICLE VI SCHOOL YEAR, DAILY HOURS & FACULTY MEETINGS Section 1. The school year for teacher attendance purposes shall be 185 days of which 1 day orientation/work, 1 day records end of school year, 1 day Parent/Teacher Conferences K-6/regular student day 7-12, 1 day Inservice and/or PBA, and 1 day paid vacation. The school calendar for the following school year will contain a Fall Break with at least two (2) no teacher work days, two (2) of which will be on a consecutive Thursday and Friday between October 15th and November 5th. Section 2. The regular teacher work-day shall be seven and one-half hours daily. The hours for each school will be established by the principal with the approval of the Superintendent. Except for those periods designated as planning periods and/or lunch 9

13 periods, the principal will make a reasonable effort to balance the teaching assignments during the school day when the principal determines practicable. Traveling teachers, on the days that they travel, shall be assigned before school student supervision, unpaid extra duties or lunch supervision only in and during the time they are assigned to the school building which is the first assignment of the day. Section 3. Faculty meetings may be outside the seven and one-half hours but shall be limited to forty-five minutes. The principal shall give twenty-four (24) hours notice of faculty meetings, except in cases of emergency, and post the agenda in the faculty area. Faculty meetings will be held after student dismissal and before regular teacher dismissal provided all staff members provide a waiver to the principal of any prep time during that period. The Board agrees that it will set a limit of ten (10) faculty meetings per building for the school year. ARTICLE VII DIRECT COMPENSATION Section 1. The salary schedule of teachers is as set forth in Appendix A. Effective with the 2011 September official ADM count day, or if no September count day then the official count day(s) of the school year, and each calendar year thereafter, each party may reopen the Salary Schedule (Article VIII and Appendix A) and Fringe Benefits (Articles VIII, IX, X, XI, and XII) by providing written notice of the parties intent to reopen those limited sections of the Collective Bargaining Agreement for bargaining. Should no written notice be submitted by Jan. 1 following the September ADM official count day, or no later than 90 following the official count day, then this reopener will not reopen the contract provisions. These financial reopeners will not open the entire contract nor will it change the way the salary schedule is calculated. Section 2. Compensation for extra-curricular activities are set forth in Appendix B. Such activities shall be on a voluntary basis. The Board of School Trustees will by July 15 act upon the renewal or non-renewal of all teacher's Appendix B contracts that were in effect the previous year. Section 3. Teacher's Retirement Contribution to the State. Effective with the school year, the Board shall pay to the Indiana State Teachers' Retirement Fund the teacher's contribution to the Indiana State Teacher's Retirement Fund up to a maximum of an amount to three percent (3%) of the teacher's salary. Section 4. Military Service Salary Schedule Placement (Credit). a. A member of the professional staff shall be granted experience credit on the teachers salary schedule, to a maximum of four (4) years, for full-time active military service in any branch of the armed forces of the United States, or for 10

14 teaching service while certified or qualified for certification, in the Peace Corps, Americorps, or Vista. b. Experience credit shall apply only to those teachers who provide proof of active military service, and an honorable discharge. c. Eight (8) months of such active military service or such military service combined with certified teaching experience shall be considered the equivalent of one (1) year of experience credit for placement on the salary schedule, provided such experience occurs within a school year beginning July 1 and ending June 30, and provided that not more than one (1) year of experience credit may be granted for a full year of military service. d. One hundred twenty (120) days of teaching experience during any school year shall be required to be eligible for any experience increment under this section, and no more than one (1) year of experience credit may be granted for a full year of such teaching service. (No more than one year credit can be granted for service occurring within the same calendar year. Fractional years are not accumulative.) e. This section will go into effect for the school year. Individuals desiring to have salary schedule placement credit for military service for the school year need to submit a written request to the Superintendent along with the appropriate verification on or before April 1, Adjustments in placement and retroactive pay adjustments will be made effective to time of eligibility but not before the start of the school year. f. For school years after information concerning salary schedule placement for military service shall be submitted on and pursuant to the guidelines of the West Clark Community Schools Teacher Survey (Form WCCS-220). After the school year, adjustments will be made prospectively. g. Any teacher who may have previously been individually granted military service credit for salary schedule placement will not be affected. Section 5. Mentor Teacher Stipend. Any teacher designated by the school district as a mentor teacher under Indiana s Mentor/Intern Program (either the current BTIP of the new IMAP) will be paid $600 or a greater amount if there is a greater amount that the state pays to the school district for every school year that the teacher is designated by the School District as a mentor teacher. No teacher will be required to serve as a mentor teacher, or required as a mentor for more than one intern. A teacher may agree to serve as a mentor for more than one intern teacher in any one school year, however that mentor will be paid only one stipend. 11

15 Effective with the school year, if a teacher has not been trained as a mentor teacher, but agrees to be designated as a mentor teacher, that teacher will need to complete the state training before the end of the school year in order to be eligible for the stipend. ARTICLE VIII INSURANCE BENEFITS Section 1. Group Term Life Insurance. The Board shall contribute all but $1.00 of the total premium, as designated, for each teacher wishing to participate in the Group Term Life Insurance Plan with individual coverage of $50,000 (includes Aetna) with double indemnity, for accidental death. Section 2. Medical Insurance, Major Medical, Out of Pocket Expenses A. The insurance premium year and continuing for a full 12 month period, the Board shall pay the following: Traditional Plan Coverage First Plan HD Single $3, $3, $3, Employee/Spouse $6, $5, $5, Employee/Child $6, $5, $4, Family $9, $7, $6, B. The Board will give the Association at least a 60 day notice of intent to change health insurance carrier and discuss any change of carrier with Association. Section 3. Long Term Disability. The Board shall provide a Long Term Disability Plan (Income Protection Insurance Plan) in which each teacher may participate. The Long Term Disability Plan shall be the Madison Life Plan which shall provide a benefit of sixty-six and two-thirds percent (66-2/3%) of the teacher salary with a maximum salary of at least $66,000 and shall have a one hundred eighty (180) day waiting period. Effective with the premium year that commences at the start or during the school year the waiting period will be changed to a ninety (90) day waiting period. Section 4. Section 125 Flexible Figure Benefit Plan. The benefits, both Generation I and Generation II, provided by the provisions of Section 125 of the United States Internal Revenue Code (Flexible Benefit Plan) shall be made available by the Board to all teachers. The Board shall pay the group annual fee(s), if any, and the participating teacher shall pay any monthly fee. 12

16 ARTICLE IX RETIREMENT BENEFITS Section 1. Severance Pay. Beginning with those teachers who are teaching during the school year and upon retirement, a teacher shall receive Fifty-five Dollars ($55.00) per day for unused sick and personal leave accumulated during years of service provided that the teacher applies for retirement fund benefits from the Indiana State Teachers' Retirement Fund. In the event of the death of a teacher prior to retirement, any severance pay due shall be paid to the surviving spouse, and if there is no surviving spouse at time of death, then to any other person(s) who at the time of death was considered to be a dependent of the teacher within the meaning of the I.R.S. regulations. A teacher s severance pay will be paid to a retired teacher in the number of approximately equal payments as follows: Amount of Severance Number of Payments 1. Under $5,000 One Payment 2. $5,000 or greater Two Payments A teacher retiring between school years shall receive their payment(s) as follows: 1st payment If a second payment Prior to September 1 of the calendar year in which they retired Prior to February 1 of the calendar year following the first payment A teacher retiring other than between school years will receive their payment on February 1 of two consecutive years commencing with the next calendar year following retirement. If a teacher elects to retire at the end of a semester and does not work past February, then a teacher may elect the first annual payment to begin in the calendar year in which the teacher retired. In case of the death of a retired teacher prior to receipt of all their entitlement, any remaining benefit entitlement will be paid immediately to the deceased retired teacher s estate. Section 2. Social Security and Medicare Bridge For Benefit Transition Option Teachers. A. A teacher who (1) will reach age 55 on or before December 31, 2006, applies for retirement fund benefits from the Indiana State Teachers' Retirement Fund, (2) who does not qualify for the West Clark Retirement Savings Plan under Article IX, Section 6, and (3) does not elect to become a transition teacher pursuant to Article IX, Section 5, may elect to retire under the Social 13

17 Security and Medicare Bridge Program by giving the Superintendent a written resignation prior to March 1 of the school year which is the last school year of teaching prior to retirement. The teacher must retire between school years to receive benefits. B. Social Security Supplemental Stipend - The monthly benefit will be an identical amount to the amount paid to the teachers who provided timely notice in and retired at the end of the school year, that being Six Hundred Dollars ($600.00) per month. The payment of this monthly benefit will commence July 1 following the teacher s last school year and continue until the retired teacher becomes eligible for partial social security benefits. C. The School Corporation will pay the regular Board contribution to the single insurance plan in effect at the time of retirement of the teacher towards the retiree s WCCS health insurance program per year until the retiree is eligible for Medicare coverage. D. In the event of death and if notice has been provided balance due is payable to designated beneficiary in monthly payments or at the discretion of the Board in lump sum if funds available. E. Hold Harmless and indemnification of WCCS, board members, employees, agents by NEA/ISTA. F. Article IX, Section 2, will not be effective for those teachers who qualify for the West Clark Retirement Savings Plan provided by Section 3 below. Section 3. Social Security and Medicare Bridge Benefit for Buy-Out Teachers Retiring Prior to June 1, A. Article IX, Section 4, constituted a Retirement Restructuring Buyout for teachers in regards to the Social Security and Medicare Bridge that existed before the Collective Bargaining Agreement. As part of that Restructuring Buy-Out, the buyout contribution calculation was made based upon the assumption that teachers would retire at the age of fifty-seven (57). This section provides for those teachers who receive a buyout but the teachers retire prior to the age of fifty-seven (57). B. A teacher is eligible to receive benefits under this section if the teacher: a) was eligible for a buyout contribution under Article IX, Section 4 of the Collective Bargaining Agreement; b) will reach age fifty-five (55) on or before December 31 st of the calendar year that the teacher retires; and 14

18 c) retires from the School Corporation prior to June 1, C. Social Security Supplemental Stipend - The monthly benefit will be an identical amount to the amount paid to the teachers who provided timely notice in and retired at the end of the school year, that being Six Hundred Dollars ($600.00) per month. The payment of this monthly benefit will commence July 1 following the teacher s last school year and continue until the month the teacher reaches the age of fifty-seven (57), the assumed age upon which the buyout contribution was calculated. D. The School Corporation will pay the regular Board contribution to the single insurance plan in effect at the time of retirement of the teacher towards the retiree s WCCS health insurance program per month until the month the retiree reaches the age of fifty-seven (57). E. In the event of death and if notice has been provided balance due is payable to designated beneficiary in monthly payments or at the discretion of the Board in lump sum if funds available. Section 4. Retirement Restructuring Buyout Program. A. Eligibility for Benefits The following two (2) groups of teachers are eligible for the Retirement Restructuring Buyout Program: 1. All teachers who were hired before January 1, 2002 and are not eligible for the West Clark Retirement Savings Plan, Article IX, Section 5, and who do not elect to become a transition teacher under Article IX, Section All teachers who were hired before January 1, 2002 and elected their option to receive benefits pursuant to Article IX, Section 4, and were designated as grandfathered teachers. In connection with the Retirement Restructuring Buyout contribution for the teachers identified in subsection 2, that buyout will be offset by the assumed value of the teacher s West Clark Retirement Savings Plan. B. Retirement Restructuring Lump Sum Contribution In response to both the mandates and opportunity provided by Public Law 253 (Acts of 2001) commonly known as Senate Enrolled Act 199 the Association and the School District engaged in a retirement restructuring review during

19 As a result of this restructuring, eligible teachers pursuant to Section A above, will receive a one-time lump sum buy-out contribution for their right to receive a Board contribution toward health insurance. The amount of the buy-out contribution was actuarially determined and the amount of the buy-out contribution is set forth in a Retirement Restructuring Buyout Memorandum of Agreement by and between the School Corporation and the Association. The amount of the buy-out specified in the Memorandum of Agreement is enforceable through the grievance procedure of the Agreement. These contributions will be deposited on or before September 1, 2006 or twenty-one (21) days after selling the Pension Bond if later. That portion of the lump sum one-time buy-out that has been calculated for the buy-out of a portion of the Severance Pay will be deposited into a separate account for each eligible teacher in the 401(a) Plan. That portion, if any, of the lump sum one-time buy-out that has been calculated for the buyout of the teacher s potential right to receive in the future a Board contribution towards his/her retirement health insurance premiums will be deposited into a separate account for each eligible teacher in the Retirement 501(c)(9) Trust (Retirement VEBA). Since this Retirement Restructuring Program is a replacement for the benefits provided for in Article IX, Section 2, Social Security and Medicare Bridge, of the Collective Bargaining Agreement. Any Retirement Restructuring Buyout contribution will not vest until January 1 of the calendar year in which the teacher became fifty-five (55) years of age. A teacher meeting the above vesting requirements will become fully vested. A teacher whose employment is terminated prior to vesting will have the then current value of the Retirement Restructuring Buy-Out Payment reallocated at the end of each school year among the then remaining separate Retirement Restructuring Buy-Out Payment accounts in a similar ratio for the reallocation as was the ratio for the initial deposit of the remaining accounts at the time of reallocation. Section 5. Transition Option Benefits As part of the 2005 Retirement Restructuring Program, teachers who are (1) employed during the school year, (2) retire prior to the start of the school year, and (3) provide written irrevocable notice of retirement prior to June 1, 2006, may elect the right to receive retirement benefits that existed prior to the Retirement Restructuring if otherwise eligible. Only those teachers eligible for the benefits in Article IX, Section 2, Social Security and Medicare Bridge Benefits for Transition Teachers, and electing this option will receive the benefits provided by 16

20 Article IX, Section 2. This transition option must be elected in writing and submitted with their irrevocable notice of retirement prior to June 1, 2006 or the date of enrollment for the lump sum buy-out if earlier then June 1, A teacher electing this transition option will not receive any benefits under Section 4 above. Section 6. West Clark Retirement Savings Plan A. The School Corporation will maintain the West Clark Retirement Savings Plan. The provisions for such a program are set forth in the plan document. This Plan will be a 401(a) qualified plan. Teachers hired after January 1, 2002, and teachers designated as grandfathered teachers for this Retirement Savings Plan will be in this Retirement Savings Plan and eligible for benefits. These retirement benefits are in lieu of and teachers eligible for the Retirement Savings Plan shall not receive any benefits under Article IX, Section 2. B. The School Corporation will contribute to every teacher eligible for the Retirement Savings Plan under regular contract an amount equal to two and one-half percent (2 ½%) of the teacher s regular salary (Appendix A) to the teacher s account in the West Clark Retirement Savings Program. The School Corporation s contribution will be made on or before August 1 following every school year. C. Teachers will have the option of continuing to invest their dollars in 403(B) plans already in existence subject to the statutory contribution limits. D. Since this West Clark Retirement Plan is a replacement for the benefits provided for in Article IX, Section 2, all eligible teachers will not vest until that time the teacher would have qualified for benefits under the Social Security and Medicare Bridge, that being obtaining the age of fifty-five (55), and applies for retirement fund benefits from the Indiana State Teachers' Retirement Fund at which time the teacher will become fully vested. A teacher whose employment is terminated prior to vesting will have the value of their West Clark Retirement Savings Plan forfeited to the plan and that amount will be utilized as part of the School Corporation s next required contribution. Section 7. West Clark Retirement VEBA Plan. A. During the school year, the School Corporation will establish and maintain the West Clark Retirement VEBA Plan. The provisions for such a program are set forth in the plan document. This plan will be a retirement 501(c)(9) Trust. B. Effective with the school year, the School Corporation will contribute to every teacher under regular contract Twenty Dollars ($20.00) 17

21 plus an amount equal to one and one-half percent (1.5%) of the teacher s regular salary (Appendix A) to the teacher s account in the West Clark Retirement VEBA Plan. The School Corporation s contribution will be made on or before August 1 following every school year. C. The amount in the teacher s account in the West Clark Retirement VEBA will vest at the first day of work for the teacher in their seventh(7 th ) year of employment. A teacher meeting the vesting requirements will become fully vested. A teacher whose employment is terminated prior to vesting will have the value of their West Clark Retirement VEBA forfeited to the Plan and that amount will be utilized as part of the School Corporation s next required contribution. Section 8. Teachers who Retired Prior to the Start of this Contract. For teachers who have retired prior to the effective date of this Collective Bargaining Agreement, their retirement benefits, if any, will be governed by the provisions of the Collective Bargaining Agreement in effect on the date of the teacher s retirement. Section 9. Retired Teachers Substitute Teacher Pay. Effective after the date of ratification of this contract, teachers who have retired from the School Corporation (eligible to receive Severance Pay, Article IX, Section 1, whether or not any amount paid) will be compensated at the rate of Eighty Dollars ($80.00) for every day they substitute teach in the School Corporation. ARTICLE X TRAVEL REIMBURSEMENT & LIABILITY INSURANCE Section 1. A teacher who is required and authorized by the Superintendent to use his own automobile in pursuance of assigned school duties shall be reimbursed at the IRS rate in effect for reimbursement mileage during that calendar year. Teachers shall not be required to transport pupils in their personal automobiles. A. Upon prior approval by the Superintendent, the same allowance may be given for use of personal automobiles for field trips or other business of the corporation. B. Upon prior approval by the Principal or the Athletic Director the same allowance may be given for use of automobiles for school activities. Section 2. The Board shall keep in force liability insurance coverage substantially equal to the type of coverage that exists as of September 1, The purpose of this provision in this agreement is to provide some protection for teachers to transport students in their personal automobiles pursuant to Section 1A and 1B of this Article. This insurance 18

22 shall include emergency situations where a teacher is assigned the responsibility of transporting the student(s). Section 3. It is expressly understood that this liability coverage shall be effective after the limit of the individual teacher's own liability insurance coverage is reached. Section 1. Sick Leave ARTICLE XI PAID LEAVE A. Each teacher shall be entitled to be absent from work because of personal illness or quarantine for a total of ten (10) days. B. Those teachers employed for a period longer than the regular teacher contract year of (185 days) shall be entitled to one (1) day sick leave for each month of employment or greater proportion thereof over regular contract year days 1 day days 2 days days 3 days C. 1. If in any year the teacher shall be absent for such illness or quarantine less than the prescribed number of days, the remaining sick leave days shall be accumulative to a total of one hundred fifty (150) days. The sick leave accumulation limitation will be applied at the end of each school year. At the start of each school year, a teacher will have their accumulation up to the maximum and any annual leave entitlement for that school year. At the end of any school year in which a teacher s sick leave accumulation has exceeded the maximum as defined above, that excess accumulation shall be designated as annual buy-back days and will be compensated at the rate of Seventy Dollars ($70.00) for each day in excess of the maximum. Such compensation for annual buyback days shall be paid first to the teacher s 401(a). These payments shall be made on or before August 1st. 2. At the end of the school year after applying the above provisions, the sick leave maximum will be reduced from one hundred eighty (180) days to one hundred fifty (150) days. Any day bought in reducing this maximum will be compensated at the rate of One Hundred Twenty-Five Dollars ($125.00) per day (up to a maximum of thirty (30) days) and paid to the teacher s 401(a) account. For the 19

23 school year and thereafter the maximum of one hundred fifty (150) days will be applicable and the excess days will continue to be compensated at One Hundred Dollars ($100.00). D. Sick leave days and personal leave days previously accumulated by a teacher prior to commencement of an authorized leave of absence shall be available to a teacher, in the same amount, upon return to employment. E. For purposes of this Article, one day of summer school absence shall be considered one day's sick leave. F. Sick leave during regular school term may be used and will be assessed on either a half day or a whole day basis. Section 2. Personal Leave A. Two (2) personal leave days shall be granted during this contractual year upon prior request (except in case of emergency), in writing to the Superintendent, without loss of compensation for such absence. No reason must be given other than personal business. B. Personal leave during the school year may be used and will be assessed on either a half-day or a whole day basis. C. Any days of personal leave that are unused shall accumulate in a personal leave bank to a total of five (5) days. Not more than three (3) consecutive days may be taken at any one time. Any accumulation carried over from previous year(s) may be used as follows: 1. These days are to be used for matters which cannot be scheduled outside of regular working hours. 2. Request for use of any of these days must be made, in writing, at least two (2) days prior to such leave. 3. The teacher shall submit to the Superintendent a written statement describing the reason and necessity for the absence. 4. All unused personal leave days, beyond four (4) days shall accumulate as sick leave days up to maximum number each year as set forth in Article XI, Section 1C. Section 3. Court Leave. Court leave with pay shall be granted to teachers for the time necessary to make Board approved appearance(s) in any Court proceedings. 20

24 Section 4. Jury Duty Leave. When requested, a teacher may serve on jury duty. The Board shall pay the difference between the jury duty per diem pay received and the teacher's full salary upon presentation of proof of such appearance and a reasonable period of time for payroll preparation. If the teacher is impaneled and not selected, the teacher shall report as soon as possible, to the regular school assignment. Section 5. Bereavement Leave A. The teacher shall be entitled to be absent from work without loss of compensation for a period not extending more than five (5) school days within a ten (10) day calendar period commencing with the day of death in teacher's immediate family (husband, wife, child, step child, grandchild, father, mother, brother, sister, step-parents, mother-in-law, and father-in-law.) If all of these days are not utilized, one (1) of these days may be utilized within one (1) calendar year following the death to attend business or estate affairs of the deceased. B. The teacher is entitled to be absent three (3) consecutive calendar days without loss of compensation to attend either the funeral or memorial service of a brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents, grandparent-in-law and spouse's grandchildren. C. The teacher is entitled to be absent one (1) day without loss of compensation to attend either the funeral or memorial service of an uncle, aunt, niece or nephew, and a spouse's uncle, aunt, niece or nephew. D. One (1) additional bereavement day will be permitted for the above bereavement leave categories in case of the need to travel over three hundred (300) miles round trip to attend the funeral or memorial service. E. A teacher may be excused to serve in a funeral without loss of compensation by obtaining either written or oral approval of the Superintendent, or in his absence his designee in advance of the leave day. Form WCCS-211 shall be completed no later than the first school day upon return. Section 6. Illness in Immediate Family. In case of serious illness in the immediate family (husband, wife, child, grandchild, father, mother, brother, sister, step-parents mother-in-law and father-in-law) the teacher may elect to be absent for a period not to exceed eight (8) days each year with pay and have these days deducted from accumulated sick leave. In the event of an illness that is a qualifying event for FMLA and the teacher elects to take an FMLA leave, the teacher shall use accumulated sick days, if any, for the term of the FMLA leave. Sick Leave Bank days may not be granted, however, for this leave. Request leave on Form WCCS-211. Section 7. School Activities Leave. Activities involving students during school hours requiring teacher supervision away from the school campus may be approved as school 21