PROFESSIONAL AGREEMENT

 

 

 

THE BRIDGER SCHOOL DISTRICT #2

 

 and

 

THE BRIDGER UNIT

 

OF THE

 

MONTANA EDUCATION ASSOCIATION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTENTS

 

 

 

Agreement……………………………………………………………………………………3

 

Article I, Recognition………………………………………………………………………...3

 

Article II, Association and Teacher Rights…………………………………………………. 4

 

Article III, Rights of Board…………………………………………………………………. 5

 

Article IV, Grievance Procedure……………………………………………………………..6

 

Article V, Teacher Evaluation………….………………………………………………..….10

 

Article VI, Employment Status of Nontenure Teachers…………….………………………11

 

Article VII, Promotions, Vacancies and Layoff Procedures…………..……………………12

 

Article VIII, Procedure for Determining Curriculum and Instruction……..………………..13

 

Article IX, Work Load and Preparation Periods……………………………………………14

 

Article X, Leave…………………………………………………………………………….15

 

Article XI, Severance Pay…………………………………………………………………..18

 

Article XII, Professional Growth………………………………………………………...…19

 

Article XIII, Professional Dues and Fees:  Payroll Deductions…………..…………….…..19

 

Article XIV, Contracts………………………………………………………………….…..21

 

Article XV, School Calendar……………………………………………………………......21

 

Article XVI, Professional Compensation…………………..…………………………….…21

 

Article XVII, Effect of Agreement…………………………………………………………23

 

Article XVIII, Duration of Agreement……………………………………………………..24

 

Appendix A-1, Extracurricular Schedule…………………………………………………..25

 

Salary Schedule …………………………………………………………………………….26

AGREEMENT

 

This agreement entered into this 12th day of July, 2005, by and between the Board of Trustees, School District #2, Bridger, Montana, hereinafter called the “Board” and the Bridger Education Association and the National Education Association, hereinafter called the “Association”.

 

PREAMBLE

 

WHEREAS, the Board and the Association recognize and declare that providing a quality education for the children of the school district is their mutual aim and

WHEREAS, the parties have reached certain understanding which they desire to confirm in this agreement.

 

In consideration of the foregoing mutual covenants, it is agreed as follows:

 

ARTICLE I

RECOGNITION

 

A.               Association Recognition:

 

The Board hereby recognizes the Association as the exclusive representative for collective bargaining with respect to wages, hours, fringe benefits and other conditions of employment, as provided in Section, 39-31-201, MCA.

 

B.                Teacher Definition:

 

Unless otherwise indicated, the term “teacher”, when used hereinafter in this agreement shall refer to all employees in the appropriate unit.

 

C.               Appropriate Unit Definition:

 

The appropriate unit shall consist of all guidance counselors and all full-time personnel certified in Class I, II, IV, or V, as provided in 20-4-106, MCA, who are performing classroom duties, but shall exclude

a.                  The Superintendent and Principal

b.                 Supervisors as defined by the Act

c.                 Casual or temporary employees

d.                 And all other employees.

ARTICLE II

ASSOCIATION AND TEACHER RIGHTS

 

A.               The Board agrees that individual teachers shall have full freedom of association, self-organization, and the designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and that they shall be free from interference, restraint or coercion by the Board or its agents in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

 

B.                No teacher shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause.  Any such action asserted by the Board, or any agent or representative thereof, shall be subject to the grievance procedure herein set forth.

 

C.               All monitoring or observation of the work performance of a teacher shall be conducted openly and with full knowledge of the teacher.  The use of eavesdropping, public address, audio systems and similar surveillance devices shall be strictly prohibited.

 

D.               Representatives of the Association will be permitted to transact official Association business on school property at all reasonable times, provided that this shall not interfere with or interrupt normal school operations.

 

E.                The Association and its representative shall have the right to use school buildings at all reasonable hours for meetings.  The principal of the building in question shall be notified in advance of the time and place of all meetings.

 

F.                The Association shall have the right to use school facilities and equipment, including media software and hardware at reasonable times for local use and non-concerted activity and when such equipment is not otherwise in use.  Equipment shall not be removed from school premises.  The Association shall pay for the reasonable cost of all materials and supplies incident to such use.

 

G.               The Association shall have the right to use the interschool mail facilities and school mailboxes, as it deems necessary.  The Association shall pay any necessary postage.

 

H.               At the beginning of every school year, the Association shall be credited with three (3) days to be used by the teachers who are officers or agents of the Association.  Such use, with full pay, to be at the discretion of the Association.  An additional two (2) days may be used if the Association reimburses the district for the substitute teacher’s salary.  One (1) additional day over and above the previously described shall be used with administration approval, and with reimbursement.

 

I.                   The rights and privileges of the Association as set forth in this agreement shall be granted only to the Association as the exclusive representative of the teachers, and to no other bargaining organizations.

 

J.                  The individual contract of employment between the Board of Trustees and each teacher shall contain the following statement:

 

“The terms of this Contract are subject to the terms and conditions of the master agreement between the Bridger Unit of the Montana Education Association and the Board of Trustees.  In the event the provisions of this Contract do not conform to the provisions of said master agreement, the terms of the master agreement are controlling.  In the event that a master agreement for the year of this Contract has not been negotiated at the time of signing, it will be subject to change, if required, to conform to any Contract later negotiated.”

 

ARTICLE III

RIGHTS OF THE BOARD

 

The Board has and shall retain, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by law to establish school policy of operation, including, but not limited to the right:

 

A.               To exercise the executive management and administrative control of the school system and its properties, facilities, programs, and the contracted activities of its employees;

 

B.      To employ and re-employ all personnel, determine their qualifications, condition of employment and work assignments, and further to promote, demote or dismiss such personnel as provided by law and this contract.

 

 

The Association shall recognize any agent of the Board selected to represent it in any matter covered by this agreement as is evidenced by letter of appointment executed by the Board Chairman or the Clerk of the District.  The exercise of the foregoing powers and duties by the Board, the adoption of policies, rules, and regulations, and further hence therewith, shall be limited only by the specific and express terms of this agreement and applicable laws of the State of Montana and the United States of America.

 

The management of the District and direction of its employees is vested exclusively in the Board.  Management rights will not be deemed to exclude other management rights not herein specifically enumerated.

 

 

ARTICLE IV

GRIEVANCE PROCEDURE

 

A.               Definitions:

 

1.                 A grievance is defined, as a claim of violation of terms of this agreement.

 

2.                 An aggrieved person is a person, or a group of persons, asserting a grievance.

 

3.                 A party in interest is the person, or group of persons making the claim and any person who might be required to take action or against whom action might be taken to resolve the claim.

 

4.                 Days shall mean calendar days, except as otherwise indicated.

 

B.                Purpose:

 

1.                 The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems, which may from time to time arise affecting the welfare or terms and conditions of the employment of teachers.  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:

 

1.                 Grievances will be filed within twenty (20) days of the alleged violation.  The time limits specified may, however, be extended by mutual agreement.

 

2.                 In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.

 

3.                 Level One:

 

A teacher with a grievance shall first discuss it with his/her principal or immediate supervisor, either directly or through the Association’s designated representative, with the objective of resolving the matter informally.  The principal or immediate supervisor will arrange for a meeting with the teacher to take place within seven (7) days after receipt of the written grievance and will render a decision.

 

4.                 Level Two:

 

If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered at Level One, he/she may file the grievance in writing indicating the areas he/she finds to be in error, with the Superintendent of the school, at least by day fourteen (14) after the original grievance.  By day twenty-one (21), the Superintendent shall review the grievance and render a decision.

 

5.                 Level Three:

 

If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered at Level Two he/she may present in writing his/her grievance to the School Board by day twenty-eight (28).  By day thirty-five (35), the School Board shall arrange a meeting.  The Board shall report its decision in writing to the teacher by day forty-nine (49).

 

6.                 Level Four:

 

A.               If the Association is not satisfied with the disposition of the grievance by the Board or if no disposition has been made within the period above provided, the grievance may be submitted before an impartial arbitrator.  The Association shall exercise its right of arbitration by giving the Board written notice of its intention to arbitrate within twenty (20) days after it has received the Board’s decision at Level Three.

 

B.                Within ten (10) days after such written notice of submission to arbitration, the Board and the Association will attempt to agree upon a mutually acceptable arbitrator and to obtain a commitment from such arbitrator to serve.  If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the ten-day period, a request for a list of arbitrators may be made to the Board of Personnel Appeals by either party.  Within five (5) days of receipt of the list, each party shall alternately strike names from the list, and the name remaining shall be the arbitrator.

 

C.               The arbitrator shall consider the grievance and render a decision within sixty (60) days of the hearing or final submission of briefs, whichever is later.

 

D.               Arbitration Costs:  Each party shall bear its own costs of arbitration except that the fees and charges of the arbitrator shall be shared equally by the parties.  The arbitrator will assess his/her entire fee on the Association if the arbitrator finds that the grievance is without merit.

 

E.                Jurisdiction of the Arbitrator:

 

1.       The arbitrator shall have no power to alter, add to, or subtract from the terms of this Agreement.  The arbitrator’s decision will be based upon the specific provisions of the Agreement.  The arbitrator shall not have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein.  In considering any grievance, the arbitrator shall give due consideration to the statutory rights and obligations of the School District to efficiently manage and conduct the operations of the District.  This arbitration provision shall be for grievances only.

 

2.       The award of the arbitrator may be entered in any court of competent jurisdiction should either party fail to implement the award.  If a motion to vacate the arbitrator’s award is entered in a court of competent jurisdiction, and the initiating party does not prevail in the litigation, such party shall bear the full costs of such action including, but not limited to, the adverse party’s court costs, legal fees and other related expenses incurred as a result of defending such action.

 

F.                Election of Remedy:

 

If a grievance has been filed, the grievant(s) and the Association waive any right to pursue any action or complaint involving the same facts or circumstances before any county, state or federal agency, tribunal, court or other forum in which relief may be sought or granted.  If the grievant or the Association has filed any complaint, appeal or other action with any county, state or federal agency, court, tribunal or other forum involving the same facts or circumstances all rights to file or pursue a grievance under this section shall be forever waived.

 

G.               Rights of Teachers to Representation:

 

1.                 Any party in interest may be represented at all stages of the grievance procedure by himself/herself, or at his/her option, by a representative selected or approved by the Association.  When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

 

2.                 No reprisals of any kind shall be taken by the Board or by any member of the administration against any party in interest, any building representative, or any other participant in the grievance procedure by reason of such participation.

 

ARTICLE V

TEACHER EVALUATION

 

In compliance with Montana accreditation standards and/or Montana School Law, the Bridger School system will utilize a procedure to periodically evaluate all school personnel.  All non-tenured personnel shall receive at least one written evaluation per semester with Pre-conference evaluation meeting and periodic classroom visits.

 

The evaluation instrument should include an assessment of planning and learning goals, classroom management/student safety, instruction, teacher/student interaction, assessment, and professional attributes as outlined in the Teacher observation/Evaluation items I-VI.

 

Following each evaluation, the teacher involved shall meet with the Superintendent or principal as appropriate, and shall receive a written copy of the evaluation.  Within five (5) days following this evaluation conference, the teacher may request a second evaluation conference with the same administrative official.  Upon the receipt of such written request, the administrative official involved will schedule the second conference to be held within five (5) working days from the receipt of the written request.  The evaluated individual shall have the opportunity to include within the office file a rebuttal to the evaluator’s conclusions.

 

The evaluation instrument should include an assessment of personal qualities, staff relations, student control, classroom management, instructional adeptness, and the general school service.

 

The administrators and the appropriate unit are responsible for the development of the evaluative instrument, with Board concurrence.

 

 

 

 

ARTICLE VI

EMPLOYMENT STATUS OF NONTENURE TEACHER

 

A.               During the first year of employment by the District of a non-tenured teacher, the District shall have the right to non-renew the employment of such non-tenured teacher with or without cause as provided by MCA 20-40-206.  Non-renewal of the employment of a non-tenured teacher during the first year of employment with the District shall not be subject to the requirements set forth in Article VI, section B, below.

 

B.                Prior to the non-renewal of the employment of a non-tenured teacher during their second or third year of employment with the District, the following steps will be taken:

 

1.                 The person has been observed and written evaluation reports have been made at least twice during each year by March 31.

 

2.       The observation and evaluation reports were shared by the supervisor with the person being evaluated.  If an evaluator finds a teacher needing additional development and growth, a Performance Improvement Plan may be implemented.

 

3.       Any incident or situation that might be later cited as a reason for non-renewal of contract was discussed with the teacher and put in writing within 20 days of the Administration becoming aware of the incident or situation.

 

C.               Every non-tenured teacher will be entitled to the following courtesies if he/she is not being renewed for the ensuing year:

 

1.                 He/she shall be notified in writing before the 1st day of June.

 

2.                 This written notice of non-renewal of contract will include the attachment of all evaluation(s), Performance Improvement Plan(s), and Follow-up Report(s).

 

3.                 He/she will have the right to attend the regular board meeting where the recommendation for non-renewal will be discussed.

 

ARTICLE VII

PROMOTIONS, VACANCIES AND LAYOFF PROCEDURE

 

A.               Information regarding positions which are to be available either through creation or vacancy shall be made known to the staff by mailing or personally delivering to the President, Vice President or Secretary of the Bridger Unit of the Montana Educational Association, a notice thereof.  The Association shall be entitled to deliver notice of said vacancy to the staff, by posting notice on all staff bulletin boards.

 

B.                Staff members may apply for any vacancy.  In filling vacancies, the Board agrees to give due weight to the professional background and attainments as well as other relevant factors of all applicants.  The decision of the Board as to the filling of the vacancies shall be final.

 

C.               Extra-curricular activities, except assistant coaches, will be offered to certified staff before being opened to non-certified personnel.  Head coaches will be certified teachers on staff.  In the event no certified teacher on staff will accept a given head coaching position and no other certified teacher can be found, the Board may hire a non-certified person for that head coaching position.  This variance, if granted, would be on a one year, temporary basis only.  If a non-certified individual currently holds a head varsity coaching position, it will be Board discretion to replace him/her with a certified person on staff.  The Board will consider the recommendations of the athletic director and the head coach when hiring assistant coaches.

 

D.               Layoff:  When the Board determines there will be a layoff, the following provisions of the Contract shall apply:

 

1.                 If a position is to be eliminated, the Board shall give notification of layoff to the least senior teacher in that position.  A teacher who is notified of layoff will have the right to displace any less senior teacher whose work he/she is certificated at that time to perform within the same school district.  Written notice of intent to exercise this right must be given to the Superintendent, with a copy to the Association within three (3) days after a teacher is notified of layoff.  Within three (3) days after the teacher gives such notification, the Superintendent will notify less senior teacher that he/she is to be displaced.  When placed on layoff, a teacher shall maintain a current address with the school.

 

2.                 If the position from which a teacher was laid off again becomes open, said teacher will be immediately recalled by Registered Mail, Return Receipt Requested.  The teacher shall have 14 calendar days after notice of recall to accept re-employment.  Failure to do so shall constitute forfeiture on the part of the teacher to any further rights of re-employment or reinstatement.  Re-employment rights shall automatically cease thirty months from the date of layoff and no further rights to reinstatement shall exist.

 

ARTICLE VIII

PROCEDURE FOR DETERMINING CURRICULUM AND INSTRUCTION

 

A.               A curriculum study committee shall be responsible for research, study planning, and participating in decisions made regarding anticipated changes in curriculum.  The membership on this committee will be quite fluid depending on specific areas of concentration.  But generally the membership consists of:  one administrator from the elementary school and one administrator from the high school or his/her appointed representative; two (2) faculty representatives; a representative of the student council; and two Board members.

 

B.                The committee shall first meet in October submitting recommendations throughout the year with a final proposal by the last week of March.

 

C.               The committee will make firm recommendations to the Association membership, administrators, and Board on revisions in curriculum and instruction.  These recommendations will be presented for consideration to the Board.

 

D.               Any specific written and signed complaint about any book or teaching material will be reviewed by the curriculum committee and a recommendation made to the Board.

 

 

 

 

 

 

ARTICLE IX

WORK LOAD AND PREPARATION PERIODS

 

A.               Normal workloads will be determined for classroom teachers.  Consideration should be given to such factors as composition of classes, necessary out-of-class planning and non-instructional responsibilities.

 

The schedules and assignments should be balanced so that staff members have reasonably equal workloads.  Additional compensation, as negotiated with the teacher involved, will be provided for teachers whose duties require time spent in excess of normal workloads.

 

High School:

1.                 The teacher-pupil ratio for the entire school shall not be greater than 1/25.  To determine teacher-pupil ratio divide the total enrollment as of the date of the annual report to the Office of Public Instruction by the full-time equivalent of certified staff.

 

2.                 Administration will attempt to schedule so that individual class size shall not exceed 30 pupils, except for physical education and music.

 

3.                 The daily class load per teacher shall not exceed six (6) classes in a seven (7) period day.  One of the assigned classes may be a study hall.

 

Elementary:

 

1.                 If a teacher is teaching more than one grade in a classroom, the maximum load shall be as follows:

K-3-------20

4,5,6------24

7,8--------26

 

2.                 In single-grade rooms, the maximum class load shall be as follows:

Not more than 26 pupils in grades 1 and 2

Not more than 28 pupils in grades 3 and 4

Not more than 30 pupils in grades 5, 6, 7, and 8

 

Deviation may occur at the Board’s prerogative but not for two (2) consecutive years for an individual teacher.  Deviation may not exceed 10% of the maximum.

When agreeable to an individual teacher and the Association, the requirements of this section may vary.

 

B.                Teachers will be scheduled for no more than 28 hours weekly in classroom instruction or supervision of groups of pupils.

 

C.               Administration will provide all classroom teachers, including elementary with at least one free period daily, in addition to their lunch period, for planning and other professional activities.  When agreeable to an individual teacher, the requirements of this section may vary.  Variation may not be a condition of employment.

 

D.               Teachers shall not be required to supervise the noon meal in the lunchroom.  However, teachers may volunteer to perform such duty with compensation as outlined on the extracurricular salary schedule.

 

E.                Teachers with lunchroom duty shall receive their lunch free of charge.

 

ARTICLE X

LEAVE

 

A.               Emergency and Personal Leave:

 

1.                 Fifteen (15) days annually at full salary will be provided each teacher for sickness, bereavement, and emergency leave as well as five (5) days of personal leave.  The personal leave may be taken without the teacher being required to state his/her reasons for needing the leave.  Forty-eight (48) hours notice shall be given the administration prior to such personal leave unless the administration waives this requirement.  Personal leave shall not be taken the day immediately proceeding or following Christmas or Easter vacation unless approved by the administration.

 

2.                 Sick leave will include personal illness or disability, personal medical appointments, quarantine or communicable diseases, maternity, or illness in the immediate family.

 

3.                 Emergency and bereavement leave will be provided upon approval of the administration.

 

4.                 Each year, days unused of the twenty (20) allotted will be allowed to accumulate as sick leave up to one hundred ten (110) days.  The full amount of leave will be available for use from the first day of the school year.

 

5.                 At the beginning of each school year, and not later than June 15, each teacher may contribute two (2) days of the foregoing sick leave allowance to a common bank to be administered by the administration.  Contributing teachers who have exhausted their accumulated sick leave allowance may make reasonable withdrawals, and determined by mutual agreement of the administration, BEA President, Vice President, and Secretary, or by two-thirds of the BEA Unit, from the common bank, provided there are sufficient days available in the bank.  At the end of each contract year the bank shall be dissolved and unused days-prorated back to contributing members' accounts.

 

6.                 Any unused personal leave days, of the school year, will be reimbursed at the current substitute pay rate in the final paycheck of the year.  Unused personal days will not accrue.

 

B.                Maternity Leave:

 

1.                 The pregnancy or related disability shall be treated as a temporary disability with all accumulated sick leave privileges, as well as all paid or unpaid extend leave privileges, available to the teacher until such time as the employee is certified by a physician as capable of performing their teaching duties.

 

2.                 The commencement or duration of leave, extensions, accruals or seniority and other benefits or privileges/protection under health or temporary disability plans, shall be applied in the same conditions as operative under other disability leaves.

 

3.                 Pregnancy or childbirth shall not be the basis for termination or compulsory resignation.

 

C.               Leave for Civic Duty:

 

1.                 Temporary leave at full pay will be provided each teacher for jury duty, court appearances as a witness under subpoena, or reserve duty.

 

2.                 Any duties for which the teacher is paid will result in that much pay being deducted from his/her salary provided this deduction would not amount to more than his/her pay for teaching.

 

3.                 The length of leave will vary in accordance with the amount of time required for civic duty.  There will be a six-month limit, per school year, per call to duty, on reserve duty.

 

D.               Leave of Absence:

 

1.                 If a certified replacement can be found, leave of absence without salary shall be granted for a period not to exceed three years, for the purpose of campaigning for or serving in a public office to the extent necessary for such activities.  Upon return from such leave, the teacher shall be placed at the same position on the salary schedule as he/she would have been had he/she taught in the system during such period.  The teacher shall advance the number of steps on the salary schedule equivalent to the time on leave.  Although no pay will be allowed, the teacher may remain in the district health insurance plan but shall pay the premium him/herself.

 

2.                 After ten (10) years service in the district, teachers are eligible for a one-year leave of absence without pay to engage in activity that enhances the teacher’s career.   Although no pay will be allowed, the teacher may remain in the district health insurance plan but shall pay the premium him/herself.

 

3.                 A teacher on leave of absence shall advance on the salary schedule while on leave; gaining increments just as he/she would were he/she teaching.

 

4.                 A teacher returning from leave of absence shall be restored to his/her teaching position or to a position of like nature, seniority, status, and pay.

 

5.                 Not more than two teachers shall be granted leave of absence in any school year unless approved by the Board

6.                 No teacher shall be granted a leave of absence longer than one year except for public office as outlined in #1 above.

 

E.                Professional Leave:

 

1.                 Temporary leave at full salary, when approved by the administration, is provided each teacher for visitation of other schools, attendance at education conferences, serving on committees, or activity providing professional advancement for the benefit of the district.

 

ARTICLE XI

SEVERANCE PAY

 

A.               At the time of retirement, in conformity with the retirement act, a teacher who is eligible for TRS benefits with ten (10) or more years of service with the district shall receive severance pay, calculated as follows:

1.                 Full salary divided by 180 multiplied by .5 of the number of unused leave days, not to exceed ninety (90) days.

 

2.                 If the teacher desires to receive his/her severance pay during June following his/her retirement, one year’s written notice must be given to the administration so that the amount can be included in the budget.  If the teacher is satisfied with receiving his/her severance pay during the July following his/her retirement, he/she may give written notice before March 1, during the last year of teaching.  The Board may waive this March 1st date.

 

B.                Teachers leaving (but not retiring) after two (2) or more years of service in the district shall receive severance pay, calculated as follows:

 

1.                 This severance pay shall be computed at the amount of $18.00 for each day of accumulated unused leave up to a maximum of ninety (90) days.

 

2.                 The severance pay shall be paid in July of the year the teacher leaves.  In order to receive the payment the teacher must give written notice to the administration and the Board of Trustees of his/her resignation, prior to May 15, of the year he/she leaves.

 

 

ARTICLE XII

PROFESSIONAL GROWTH

 

A.               No annual increment will be granted to any teacher who within the past five (5) years has not undertaken a workshop or course of study through or at a recognized accredited college, or met the requirements for certification.

 

ARTICLE XIII

PROFESSIONAL DUES AND FEES:  PAYROLL DEDUCTION

 

A.               Dues Deduction Authorized:

 

The Board agrees to deduct in ten or twelve equal installments from the salaries of all teachers such monies for annual membership in the United Teaching Profession (National Education Association, Montana Education Association, and Bridger Education Association) as said person individually authorizes the Board to deduct as provided by law.  Association non-members may authorize the deduction of the professional representation fee in this same manner.  Such deductions shall continue during the life of this agreement.

 

B.                Professional Representation Fee:

 

The Association, as the exclusive representative of all the members of the appropriate unit, will represent all such persons fairly and equally, and all persons in the appropriate unit will be required to pay the professional representation fee to the Association.  No person shall be required to join the Association, but membership in the Association shall be made available to all persons who apply consistent with the Association constitution and bylaws.  No person shall be denied Association membership because of race, creed, color or sex.  Therefore, the Board agrees that effective thirty (30) days after the date of initial employment or thirty (30) days after the opening of school upon notification by the Association, it will deduct from the monthly earnings of named association non-members, as a condition of employment, an amount of money equivalent to the annual dues certified by the Association as the current dues required of all Association members as permitted by law.

 

C.               Notification and Transmittal of Monies:

 

1.                 The Association will certify to the Board, in writing the current rate of annual membership dues.

 

2.                 By October 1 of each year, the Board will provide the Montana Education Association with a list of those employees who have authorized the Board to deduct dues for membership in the United Teaching Profession or for professional representation fees.  The Board will notify the MEA of any changes on the list.

 

3.                 Additional authorizations for annual dues deduction when received by the Board during the school year will be prorated over the remaining monthly payments of the person’s current contracted salary.

 

4.                 All remaining unpaid dues or fees shall be deducted from the final paycheck of a person leaving the employment of the school district before the end of the school year for any reason excepting death.

 

5.                 Said monies, together with records of any corrections, shall be transmitted to the Bridger Education Association on a monthly basis and no later than ten (10) days following actual deduction.

 

6.                 Any dispute concerning the amount or the method of collection of the representation fee shall be solely between the bargaining unit member and the Association.  The bargaining unit member and the Association cannot use the grievance procedure to settle this dispute.

 

D.               Other Payroll Deductions:

 

Upon appropriate written authorization from the teacher, the Board shall deduct from the salary of any teacher and make appropriate remittance for annuities, credit union, savings bonds, insurance or any other plans or programs approved by the Association.

 

E.                Hold Harmless for Representation Fee:

 

The Association hereby agrees to indemnify and shall save the district harmless against any and all claims, demands, suits, or other forms of liability, including court costs, that shall arise out of or by reason of action taken or not taken by the district, which district action or non-action is in compliance with the provisions of Article XIII, and in reliance on any lists or certificates which have been furnished to the district pursuant to this Article; provided that the defense of any such claims, demands, suits or other forms of liability shall be under the control of the Association and its attorneys.  However, nothing in this section shall be interpreted to preclude the district from interpretation of Article XIII through representatives of its own choosing and at its own expense.

 

ARTICLE XIV

CONTRACTS

 

A.               All known extra curricular duties shall be assigned upon issuance of teacher’s individual contract, and placed upon said contract.  A write-in with mutual agreement will be added to a contract if any new assignments are made.

 

B.                After three months work, any employee who is on a 12 month payment contract shall have the option of withdrawing one summer check with the Board’s approval.

 

C.               Under all circumstances teachers shall be allowed to resign, from duties for the next school year, until June 20.

 

ARTICLE XV

SCHOOL CALENDAR

 

A.               A committee representing the Association shall establish a proposed school calendar.

 

B.                A tentative school calendar consisting of the opening and closing dates of school, the PIR days, and vacations for the following year will be submitted to the Administration for input and final Board approval before April l.

 

C.               Two PIR days will be scheduled during the MEA convention so that teachers may attend the convention or other appropriate workshops.

 

ARTICLE XVI

PROFESSIONAL COMPENSATION

A.               The basic salaries and extra duty pay of teachers covered by this agreement are set for in Appendix A1-A2 that are attached and incorporated into this agreement.

B.                All teachers shall be given one step on the salary schedule for each full year of outside teaching experience up to a maximum of ten years.

C.               No teacher will start at less than year 2/BA column on the salary matrix, until such time they are eligible to move on the matrix based on credits, or experience, or a combination thereof.

 

D.               Each teacher may elect to receive his/her contract salary in 10 or 12 payments.

 

E.                Payroll checks shall be issued by the 10th day of each month.  If the 10th falls on a day when school is not in session, the teachers will receive their payroll checks on the last previous day that school is in session.

 

F.                Extra duty pay as set forth in Appendix A-l shall be in addition to the basic salary.

 

G.               The School District shall pay up to a maximum of $764.95 per month for family insurance, $433.15 per month for Employee and dependents, $544.72 per month for 2-Party insurance, and $269.83 per month for single insurance coverage as provided by the carrier of the association’s choice, for each full–time employee.  This becomes effective upon ratification of the contract.

 

          1.       All teachers continuing under contract with the Bridger Public                                  Schools at the time this agreement is ratified by the Bridger Education            Association shall receive the negotiated increase in the District’s                             insurance premium contribution retroactive to May 1, 2005.

 

The Board, at its expense, shall implement a full flex program to allow for the deduction of insurance premiums and other qualified expenses as “pre-tax” money.

 

Newly hired teachers’ coverage shall begin August 1.  A teacher is eligible for monthly School District contributions as provided in this Article as long as the teacher is employed by this School District.  Upon termination of employment during a school year, all School District participation and contributions shall cease effective on the last workday.  Upon termination of employment at the end of the school year, the School District participation and contributions will continue until July 31st of the last year of the contract.

 

H.               Renewal Units (RU’s) earned during district sponsored in-services and workshops approved by the Superintendent at a rate of 1 RU for each hour of attendance, with fifteen (15) RU’s equal to one (1) semester credit and limited to sixty (60) RU’s, will be accepted for the purpose of advancement on the salary schedule.

 

ARTICLE XVII

EFFECT OF AGREEMENT

 

A.               Changes in Agreement:

 

During its term, this agreement may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of the parties in written and signed amendment to this agreement.

 

B.                Compliance of Individual Contract:

 

Any individual contract between the Board and an individual teacher, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement.  If an individual contract contains any language inconsistent with this Agreement, this Agreement during its duration shall be controlling.

 

C.               Savings Clause:

 

If any provision of the agreement of any application of a provision of this agreement is found contrary to the law, all other provisions or applications shall be deemed separate and shall continue in full force and effect.  If such provisions are found to exist, at the request of either party, negotiations shall commence in order to remedy the offending provision, to bring the contract within the Law, and to make the same enforceable as nearly as possible to the intent of the parties.

 

D.               Duplication and Distribution:

 

The Board at its expense shall make and distribute copies of this agreement within thirty (30) days after the agreement is signed, to all teachers now employed and any new teacher upon signing a contract.  The Association shall be provided ten (10) copies of the agreement.

 

ARTICLE XVIII

DURATION OF AGREEMENT

 

A.               Effective Period:

 

This agreement shall be effective as of July 1, 2005, and shall continue in full force and be in effect until June 30, 2007.

 

B.                Renewal and Reopening of Agreement:

 

Said agreement will automatically be renewed and will continue in force and effect for an additional period of two years unless the Board of Trustees and/or the Bridger Education Association notify each other in writing on or before January 15, prior to the expiration of the then current professional agreement, of articles or items to be opened for negotiation.  Both parties shall present their full and complete list of articles to be opened for negotiation at the first negotiation session.  Other articles may be opened after the first negotiation session only upon the mutual agreement of the Board and Association.  Any ground rules shall be agreed upon during the first negotiation session.  The requirements and deadlines herein may be waived by mutual agreement in writing.

 

1.       The Bridger Education Association has the option of negotiating          Article XVI, Section A and Section G, the Spring or Summer of 2006.

 

C.               Contracts issued to the individual teachers shall be for 180 teacher days plus 7 PIR days

 

This agreement is signed this 20th day of May 2003.

 

IN WITNESS THEREOF,

 

For the Bridger Education                                      For the Board of Trustees

Association                                                           School District #2

 

 

__________________________                         _________________________

Robin K. Smith                                                     Russell Imlay

President, BEA                                                      Chairman of the Board

 

APPENDIX A-1

 

EXTRACURRICULAR SALARY SCHEDULE

Base:  $17,500 (2005-2007)

 

Basketball, HS Head                 15%                      Pep Club, HS                  5%

Basketball, HS                                                       Pep Club, JH                  3%

          Assistant                         10%                      Concessions, HS            10%

Basketball, JH Head                  7%                        Concessions, JH             2%

Basketball, JH Asst.                  5%                        Cheerleading                   6%

 

Football, HS          Head                    15%                      Sponsor, Grade 12                   2%

Football, HS                                                                   Sponsor, Grade 11                   2%

          Assistant                         10%                      Sponsor, Grade 10                   1%

Football, JH Head                    7%                        Sponsor, Grade 9            1%

Football, JH                                                          Sponsor, MS                  1%

          Assistant*                       5%                       

Music, HS                      13%

                                                                             Honor Band                    7%

Track, HS Head                        15%                      Jazz Band                       2.5%

Track, HS                                                             Yearbook                        5%

          Assistant*                       10%                      Drama                             5%

Track, JH Head                        7%

Track, JH                                                              Lunch Duty                     3%

          Assistant*                       5%

                                                                             FHA                               12%

Volleyball, HS Head                  15%                      FCCLA                          12%

Volleyball, HS                                                       Honor Society, HS                   1%

          Assistant                         10%                      Student Council, HS        3%

Volleyball, JH Head                  7%                        Student Council and

          Assistant*                       5%                             Honor Society, MS    2%

                                                                             Adult Ed                         4%

 

*Number of Assistants to be determined by staff and administration.

 

 

 

 

 

 

 

        SALARY SCHEDULE LEVEL 4.0

BRIDGER SCHOOL

 

2005-2007

YEARS

         BA

       BA+1

      BA+2

BA+3

        MA

      MA+1

     MA+2

0

20500

21197

21915

22263

22612

23329

24026

1

21320

22099

22878

23268

23657

24436

25217

2

22140

23001

23842

24272

24703

25543

26408

3

22960

23903

24805

25277

25748

26650

27599

4

23780

24805

25769

26281

26794

27757

28790

5

24600

25707

26732

27286

27839

28864

29981

6

25420

26609

27696

28290

28885

29971

31172

7

26240

27511

28659

29295

29930

31078

32363

8

27060

28413

29623

30299

30976

32185

33554

9

27880

29315

30586

31304

32021

33292

34745

10

28700

30217

31550

32308

33067

34399

35937

11

 

31119

32513

33313

34112

35506

37128

12

 

32364

33477

34317

35158

36613

38318

13

 

 

34440

35322

36203

37720

39510

14

 

 

35818

36326

37249

38827

40701

15

 

 

 

37331

38294

39934

41892

16

 

 

 

38824

39826

41531

43567

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BA+1 is 15 quarter credits or 10 semester credits

 

 

 

BA+2 is 30 quarter credits or 20 semester credits

 

 

 

BA+3 is 45 quarter credits or 30 semester credits