Collective Bargaining Agreement
between
Northshore School District No. 417
and
Northshore Education Association
for
Educational Support Professionals (ESP)
September 1, 2015 through August 31, 2019
2015-2019 NSEA/ESP/NSD Agreement
Page 1
Table of Contents
1.00 PREAMBLE ............................................................................................................................................... 3
2.00 RECOGNITION AND DEFINITIONS ...................................................................................................... 3
3.00 SEVERABILITY ........................................................................................................................................ 4
4.00 STATUS AND APPLICATION OF THIS AGREEMENT ....................................................................... 4
5.00 DISTRIBUTION OF THE AGREEMENT ................................................................................................ 5
6.00 MONITORING THE AGREEMENT ........................................................................................................ 5
7.00 MAINTENANCE OF STANDARDS ........................................................................................................ 5
8.00 NON-DISCRIMINATION AND CITIZENSHIP RIGHTS ....................................................................... 5
9.00 NO STRIKE/ NO LOCKOUT .................................................................................................................... 6
10.00 NO CONTRACTING OUT ........................................................................................................................ 6
11.00 LENGTH OF WORK YEAR ..................................................................................................................... 6
12.00 WORKDAY PROVISIONS ....................................................................................................................... 8
13.00 ASSOCIATION AND EMPLOYEE RIGHTS ......................................................................................... 10
14.00 DISTRICT RIGHTS ................................................................................................................................. 11
15.00 EVALUATION ........................................................................................................................................ 11
16.00 DISCIPLINARY ACTION ....................................................................................................................... 12
17.00 NEW EMPLOYEE PROBATION ........................................................................................................... 13
18.00 ON THE JOB PROBATION .................................................................................................................... 13
19.00 EMPLOYEE PROTECTION ................................................................................................................... 14
20.00 PROMOTION/TRANSFER/ REASSIGNMENT .................................................................................... 15
21.00 PERSONNEL FILE .................................................................................................................................. 20
22.00 LETTERS OF EMPLOYMENT AND NOTIFICATION ........................................................................ 21
23.00 SUPPORT PERSONNEL DUTIES .......................................................................................................... 21
24.00 EMPLOYEE ABSENCE .......................................................................................................................... 23
25.00 STAFF DEVELOPMENT TRAINING .................................................................................................... 23
26.00 RESIGNATION AND TERMINATION ................................................................................................. 25
27.00 RETIREMENT ......................................................................................................................................... 25
28.00 EMPLOYEE FACILITIES ....................................................................................................................... 25
29.00 REDUCTION IN THE WORK FORCE .................................................................................................. 25
30.00 LEAVE OF ABSENCE ............................................................................................................................ 28
31.00 CITIZEN RESPONSIBILITY LEAVE .................................................................................................... 29
32.00 ILLNESS, INJURY, EMERGENCY LEAVE AND FAMILY MEDICAL LEAVE ............................... 30
33.00 PERSONAL LEAVE ................................................................................................................................ 33
34.00 TEMPORARY DISABILITY LEAVE .................................................................................................... 33
35.00 BEREAVEMENT LEAVE ....................................................................................................................... 34
36.00 CHILDBIRTH/CHILDCARE/ADOPTION LEAVE ............................................................................... 34
37.00 PAY PROCEDURES ............................................................................................................................... 35
38.00 USE OF VEHICLES ................................................................................................................................ 36
39.00 WORKERS’ COMPENSATION ............................................................................................................. 36
2015-2019 NSEA/ESP/NSD Agreement
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40.00 UNEMPLOYMENT COMPENSATION ................................................................................................. 36
41.00 SALARY ................................................................................................................................................ 36
42.00 ATTENDANCE INCENTIVE PROGRAM ............................................................................................. 38
43.00 LEAVE SHARING PROGRAM .............................................................................................................. 38
44.00 GROUP INSURANCE PROGRAMS ...................................................................................................... 38
45.00 DUES DEDUCTION, ASSOCIATION MEMBERSHIP, AND REPRESENTATION .......................... 42
46.00 GRIEVANCE ADJUSTMENT ................................................................................................................ 43
47.00 DURATION OF AGREEMENT .............................................................................................................. 46
SIGNATURE PAGE ................................................................................................................................................. 47
APPENDIX A-1 POSITION PLACEMENT INFORMATION ..................................................................... 48
APPENDIX A-2 2015-2016 SALARY SCHEDULE ......................................................................................... 49
APPENDIX A-3 2016-2017 SALARY SCHEDULE ......................................................................................... 50
APPENDIX A-4 2017-2018 INITIAL SALARY SCHEDULE .......................................................................... 51
APPENDIX A-5 2018-2019 INITIAL SALARY SCHEDULE .......................................................................... 52
APPENDIX B JOB CLASSIFICATION AND WORK YEAR PROVISION SUMMARY ........................... 53
APPENDIX C EVALUATION PROCEDURES ............................................................................................. 54
APPENDIX D GRIEVANCE REVIEW REQUEST FORM ........................................................................... 55
APPENDIX E UNUSED LEAVE COMPENSATION ................................................................................... 56
APPENDIX F PROVISIONS FOR LEAVE SHARING................................................................................. 59
APPENDIX G TEACHING CERTIFICATION SCHOLARSHIPS ................................................................ 61
APPENDIX H MEMORANDA OF UNDERSTANDING .............................................................................. 62
VEBA ...................................................................................................................................................................... 62
Computer Technology Needs .................................................................................................................................. 62
Job Expectations ...................................................................................................................................................... 63
Learning Center Paraeducators ................................................................................................................................ 63
Professional Hour Carryover ................................................................................................................................... 63
Classified Representation on Shared-Decision Making Leadership Team (SDLT) ................................................ 64
Staff Development Training………………………………………………………………………………………..64
Early Release ........................................................................................................................................................... 65
Increase of ESP Benefit Eligible Positions .............................................................................................................. 65
Job Description for Paraeducator ............................................................................................................................. 65
Additional Workdays for Secondary Nurses ........................................................................................................... 65
Conversion of Hours for Special Education Paraeducator Positions ....................................................................... 66
Joint Bargaining with NSEA's Certificated and ESP Bargaining Unit .................................................................... 66
APPENDIX I LETTER OF AGREEMENT ................................................................................................... 68
Nursing and Health Services ................................................................................................................................... 68
INDEX ......................................................................................................................................................................... 73
2015-2019 NSEA/ESP/NSD Agreement
Page 3
2015-2019 Collective Bargaining Agreement
between
Northshore School District No. 417
and
Northshore Education Association
representing
Educational Support Professionals (ESP)
September 1, 2015 – August 31, 2019
1.00 PREAMBLE
1.10 This Collective Bargaining Agreement, hereinafter referred to as "Agreement,” is
made and entered into by and between Northshore School District No. 417, King
and Snohomish Counties Washington, hereinafter referred to as the "District" and
the Northshore Education Association (NSEA)/Washington Education
Association hereinafter referred to as the "Association" or "NSEA," representing
employee groups and individuals as listed in Appendix B.
1.20 WHEREAS, the parties, pursuant to RCW 41.56 (Public Employees' Collective
Bargaining Act) have reached certain agreements on wages, hours, and terms and
conditions of employment, which they desire to confirm in this document, in
consideration of the following covenants, it is hereby agreed as follows:
2.00 RECOGNITION AND DEFINITIONS
2.10 The District recognizes the Association as the exclusive bargaining representative
of all employees as listed in Appendix B, including substitutes after sixty (60)
work days of employment, in accordance with RCW 41.56 and rules issued
thereunder by the Public Employment Relations Commission, State of
Washington. All terms and conditions of this Agreement apply to all employees
unless specifically stated otherwise. As used in this Agreement, the following
terms shall apply:
2.11 COBRA - Consolidated Omnibus Budget Reconciliation Act of 1985 providing
continuation of health benefit plans under specific situations with the premium
being paid by the educational employee or dependent.
2.12 District - Northshore School District No. 417.
2.13 Employees - All individuals occupying positions in the classifications listed in
Appendix B.
2.14 New Employees - Employees who have yet to satisfactorily complete their
probationary period as cited in the Probationary Section of the Agreement.
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2.15 Substitutes - Persons hired as temporary replacements to cover emergency
situations or employee absence. Substitutes may not be hired in lieu of or to
avoid hiring of regular employees. For a substitute assignment of known duration
longer than sixty (60) work days, or when a daily assignment exceeds sixty (60)
continuous work days in the same location, the person occupying such assignment
shall become an employee subject to the terms and conditions of the Agreement,
for the duration of the assignment only, as a long-term substitute. Employees
with this status shall not have reassignment rights pursuant to Articles 20 and 29.
Eligibility for long-term substitute status is based on the length or anticipated
length of the assigned position, not on the number of actual days worked by the
employee in the position.
3.00 SEVERABILITY
3.10 If any provision of this Agreement or any application of this Agreement shall be
found to be contrary to law by a tribunal of competent jurisdiction, such provision
or application shall have effect only to the extent permitted by law, and all other
provisions or applications of this Agreement shall continue in full force and
effect.
3.20 If any provision of this Agreement is so held to be contrary to law, the parties
shall, by mutual consent, commence bargaining on said provision as soon
thereafter as is reasonably possible.
4.00 STATUS AND APPLICATION OF THIS AGREEMENT
4.10 As provided in this Agreement, certain rights and functions are accorded to the
Association. Said rights and functions are exclusive to the Association.
4.20 Where there is conflict between this Collective Bargaining Agreement and
resolution, rule, policy, regulation, or practice of the District, the terms of this
Agreement shall prevail.
4.30 Except as otherwise provided herein, this Agreement is complete in and of itself
and sets forth all terms and conditions of the Agreements between the District and
the Association pursuant to Chapter 41.56 RCW.
4.40 Unless otherwise provided herein, this Agreement shall not be interpreted or
applied so as to reduce hours and/or days for employees during the period funding
sources continue. If categorical funding of this employee group should be
adversely affected during the course of this Agreement, some of the personnel
may be laid off in accordance with the Reduction in the Work Force section of
this Agreement.
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5.00 DISTRIBUTION OF THE AGREEMENT
5.10 Within the first thirty (30) school days following execution of this Agreement, the
District shall print and make available to the Association a copy of this
Agreement for each member of the bargaining unit. Sixty (60) additional copies
shall be provided to the Association. The cost of printing the additional copies
shall be borne by the District. All employees newly hired by the District shall be
provided a copy of this Agreement by the District at the time of hire.
6.00 MONITORING THE AGREEMENT
6.10 The Association President and/or designee shall meet at mutually agreeable times,
during the work day, with the Superintendent or designee as requested by either
party to review and discuss the monitoring of this Agreement. Such meetings
shall not be construed to be part of collective bargaining.
7.00 MAINTENANCE OF STANDARDS
7.10 No employee covered by this Agreement shall suffer a loss of existing benefits or
working conditions as a result of this Agreement even though these benefits and
conditions may not be specifically set forth herein.
8.00 NON-DISCRIMINATION AND CITIZENSHIP RIGHTS
8.10 There shall be no discrimination against any employee or applicant for
employment by reason of race, creed, religion, color, marital status, sex, age,
national origin, genetic information, sexual orientation including gender
expression or identity, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability, unless based upon a bona
fide occupational qualification, or because of their membership or non-
membership in employee organizations or in their exercise of other rights under
Chapter 41.56 RCW, Public Employees Collective Bargaining Act. Sexual
harassment shall be considered a form of sex discrimination.
8.20 Employees are entitled to full rights of citizenship, and the proper exercise thereof
shall not be grounds for any discipline or discrimination against an employee.
8.30 There shall be no unlawful discrimination or retaliation against any employee for
utilization of the grievance procedure or for the appropriate exercise of rights they
may have under this Agreement.
8.40 Employees have the right to work in an environment free of sexual harassment as
defined by and under the provisions of applicable laws. An employee who has a
complaint regarding sexual harassment may file that complaint with his or her
supervisor or the Superintendent or his/her designee in an attempt to resolve the
complaint on an informal basis. This provision does not grant the employee the
right to file a grievance regarding sexual harassment through the provisions of this
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Collective Bargaining Agreement. However, it does not prohibit the employee
from exercising his or her rights in any other appropriate legal forum.
9.00 NO STRIKE/ NO LOCKOUT
9.10 The District will not lock out its employees and the Association will not cause or
encourage its members to engage in any strike or other work stoppage for the
duration of this Agreement.
9.20 The Association will not cause or encourage its members to refuse to cross any
picket line established by any labor organization or group of individuals at any
location unless there is mutual agreement between the District and the
Association that there is danger to the safety and well-being of the employees. A
written agreement shall be reached between the Association and the District
regarding such a situation.
10.00 NO CONTRACTING OUT
10.10 The duties and/or responsibilities normally assigned to employees shall not be
transferred to any agency or individual in such a manner so as to reduce or replace
such duties and/or responsibilities.
11.00 LENGTH OF WORK YEAR
11.10 For ESP employees, the length of the work year shall be for a minimum one-
hundred eighty (180) days. In the event of building closure due to emergency
reasons, each employee will be given the opportunity to make up the time missed
when the District schedules make-up days for teachers.
11.20 In addition to the 180 days, sixty-two and one-half (62.5) professional hours will
be provided as paid work hours for employees whose regular work assignment is
182 days or less. A minimum of fifteen (15) professional hours will be scheduled
by the District for work days prior to the school year starting for preparation and
in-service activities at the building level. Seven and one-half (7.5) hours will be
scheduled by the District for professional development (on the January grading
day in the 2016-17 school year, and on a workday prior to the school year in the
2017-18 school year and beyond). The remaining professional hours are optional
and may be used for such activities as: Evaluation Team meetings, IEP meetings,
grade level meetings, staff meetings, field trips/community access trips, open
house functions, duties at other after school events, building site-development
meetings, preparation of assigned state/federal reports, adaptation of instructional
materials for specific student needs, collaborative preparation with certificated
employees, building based activities or projects for implementation of Action
Plans, and professional development activities. These hours will be paid at time
and one-half for any hours beyond forty (40) work hours per week. Employees
hired after the school year begins will receive a prorated amount of forty (40)
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professional hours. On each employee’s electronic pay statement, the District
shall show the employee’s individual professional hour balance.
11.21 Forty (40) professional hours will be provided as optional paid work hours for
employees whose regular work assignment is 183 days or more. These
professional hours may be used for the same purposes described in Section 11.20.
These hours will be paid at time and one-half for any hours beyond forty (40)
work hours per week. Employees hired after the school year begins will receive a
prorated amount of these professional hours. On each employee’s electronic pay
statement, the District shall show the employee’s individual professional hour
balance.
11.22 A Pre-Tax Tuition Reimbursement Program will be in effect whereby Association
members may elect, prior to October 10 of each year to convert up to 40 (forty)
unused professional hours compensation into a pre-tax tuition reimbursement
program.
Tuition expenses to be reimbursed must be incurred on or after the first work day
of the school year through August 31 of the same contract year. Each employee
can submit up to three reimbursement requests per contract year. Final receipt
submission must be received by the District no later than August 31 of the
contract year for which the pre-tax tuition reimbursement was elected.
Reimbursement payments will be made upon submittal of authorized receipts in
accordance with Internal Revenue Service (IRS) regulations.
Should the program at any stage be found to be out of compliance with IRS
regulations, the District and Association will meet and take appropriate actions,
including the recovery of employee payroll taxes, if necessary.
11.23 Contingent upon the Washington State Legislature maintaining apportionment
funding for the 180 day school year, the work calendar for registered nurses will
be 185 days, one day of which will be for the purpose of District in-service. The
District and Association shall meet and confer on the work calendar annually.
Principals may agree to minor variations in the work calendar provided an
equivalent amount of time is worked.
11.30 A pool of three thousand three hundred (3,300) hours shall be provided for use by
employees for the same purposes enumerated in Section 11.20 subject to principal
or supervisor approval, after the exhaustion of the employee’s individual
allocation. Employees must submit hours worked on their regular timesheet for
the month in which the hours were worked. Hours worked in August shall be
charged to the subsequent year’s professional hour balance. A report on the use
of hours will be provided monthly to the Association. Unused hours shall not be
carried over to the succeeding year.
11.40 Holidays- The following eleven (11) holidays will be observed for all employees:
Labor Day
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Veteran’s Day
Thanksgiving Day and the day following
Christmas Day and the day before
New Year’s Day and the day before
Observance of Martin Luther King Day
Presidents’ Day
Memorial Day
11.41 To be paid holiday pay, the employee must work either the work day preceding
the holiday or the work day following the holiday, or be on paid leave the work
day preceding or the work day following the holiday.
11.42 When any of the preceding holidays fall on a weekend, weekdays following
and/or preceding that weekend shall be designated as the day(s) of observance.
12.00 WORKDAY PROVISIONS
12.10 The workday shall be continuous for all employees, except for employees
working as crossing guards and/or performing playground supervision, and will
be determined by the District. Employees are not to work beyond scheduled work
time without prior approval from the building principal/supervisor. If meetings
are required, adjustment of schedules will be made with agreement of the
employee or the time will be paid.
12.20 The minimum work day assignment for employees in this unit, excluding School
Assistants, School Technology Specialists, and Campus Supervisors, will be four
(4) hours (except for LAP and ELL.) LAP and ELL employees will have a
minimum average work week schedule of twenty (20) hours. Such employees
shall be considered to work an average four (4) hour day if their regular work
week schedule is five (5) hours/four (4) days a week. The work week shall be
Monday through Friday unless an alternate workday or workweek is agreed to by
the employee, the building/site supervisor, the Program Coordinator, and the
Director of Human Resources.
12.21 It is understood and agreed upon that LAP and ELL employees may need
additional hours assigned to allow for holiday pay and still allow for twenty (20)
hours per week when students are present. For example, if a holiday falls on a
Friday, LAP and ELL employees will be paid for the Friday holiday and work
Monday through Thursday as scheduled with students.
12.22 LAP and ELL employees will work with their District Administrator or Building
Administrator to establish necessary planning times when such employees are
responsible for implementing student instruction with minimal direction. Such
planning time will normally be for thirty (30) minutes daily.
2015-2019 NSEA/ESP/NSD Agreement
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12.23 Registered Nurses selected as regional team leaders will work forty (40) hour
work weeks and will be provided with ten (10) days release for team leader
responsibilities.
12.24 On days when students are scheduled for early release or late arrival, employees
shall work their regular work hours, unless alternative scheduling is agreed to
between the employee and principal providing an equivalent amount of work
time.
12.30 For the purposes of class overloads or when the District determines temporary
assistance is needed, employees may accept additional hours beyond four (4)
hours per day or twenty (20) hours per week for a period not to exceed forty-five
(45) school days without insurance benefits.
12.40 Two fifteen (15) minute relief periods for employees working six and one-half
(6.5) hours or more shall be provided as part of the working day. One fifteen
minute relief period will be provided for employees working four (4) hours to six
and one-half (6.5) hours. Employees working more than five (5) hours shall be
provided an unpaid, one-half (1/2) hour, duty-free lunch period. Relief periods
shall be taken at regularly scheduled times, whenever possible. It shall be the
Building Administrator’s responsibility that each employee’s schedule permits
him/her to take these relief periods. An employee may request the Building
Administrator’s assistance in scheduling his/her relief period.
One-on-One Paraeducators who are working in secondary schools, and who
accompany their student to various classes, shall be provided in writing with
specific times for regularly scheduled breaks (relief periods) and duty-free
lunches to ensure that other staff are scheduled to provide them with relief from
supervision of their assigned student(s).
12.41 Checking work email is a work duty to be done on work time, and time shall be
allocated for this work within an employee’s scheduled workday. In the event an
employee is not allotted such time, they may request the Building Administrator’s
assistance in scheduling this time.
12.50 Employees required to work beyond their regularly scheduled workday shall be
paid on an hourly basis up to forty (40) hours. Work beyond forty (40) hours
must be pre-approved by the administrator, and will be paid at time and one-half
(1-1/2). Compensatory time may be taken in lieu of overtime at the rates above
by mutual agreement between the employee and her/his immediate supervisor.
12.60 Nothing in this Agreement shall require the employer to keep offices or buildings
open in the event of inclement weather, nor when otherwise prevented by a
natural disaster. When schools are closed to students, due to the above
conditions, employees shall not be required to report to their job assignments and
shall suffer no loss of pay. If the District requires teachers to make up the lost
day(s), the same requirement will apply to employees of this bargaining unit. If a
single building or buildings are closed to students, members of this bargaining
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unit will be expected to work their assigned hours; if the building is closed to staff
and the days cannot be made up, the employees will receive their regular rate of
pay.
12.70 If an employee is unable to report to work due to inclement weather conditions
and the building is open, the employee may use emergency leave or earned
compensatory time or may take leave without pay.
12.71 In the event of building closure due to emergency reasons, each employee will be
given the opportunity to make up time missed when the District schedules make-
up days for teachers.
12.80 Employees requested by the building administrator to accompany students on day
or overnight field trips will have all expenses covered, including their hourly rate
of pay, for additional hours and entrance fees.
12.90 Employees in this bargaining unit shall be eligible to apply for positions which
have been posted and are unfilled from the Northshore Education Association and
the NSEA Athletics and Activities Association. Pay for these positions shall be
at the same rate as applicable at the posted hourly rate. These positions may
include those listed on Addendum C-2 of the NSEA Agreement and the
NSEA/Athletics and Activities Association Activity Schedule.
13.00 ASSOCIATION AND EMPLOYEE RIGHTS
13.10 The Association shall have the right to use District buildings for meetings to
transact Association business in accordance with District procedures.
13.20 The Association shall have the right to use inter-District mail services, bulletin
boards, e-mail and employee mailboxes for communications with employees.
The Association and employees shall use District e-mail for Association business
under the same conditions as, and consistent with, the District’s acceptable use
policies. The Association acknowledges that records sent over the District’s
electronic network are public records and subject to review. The Association
agrees to defend, indemnify and hold the District harmless for any alleged misuse
of District facilities by the Association, its officers or agents.
13.30 Association Representatives may visit the District's premises at times that will not
conflict with the business of the District to meet with employees, to conduct
Association business, or to pursue improved District-Association relations.
13.40 The District shall grant twenty (20) days of release time per school year to the
Association for Association business as deemed appropriate by the Association
President. One day is equal to seven and one-half (7.5) hours. The District will
pay the cost of the substitute when the use of days is to promote improved
District-Association relations for such areas as development of in-service,
meetings with employees or administrators, and planning events which will
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benefit the bargaining unit members when such meetings take place within the
District. An additional sixteen (16) days will be granted to the Association and
the Association will pay the cost of the substitute when the use of the days is to
attend meetings or training sessions held outside the District. The Association
President will notify the Human Resources Director as soon as possible of the
days to be used, but no later than two (2) school days prior to use.
13.50 Additional release time for up to five (5) bargaining unit members will be granted
to negotiate without loss of pay when day sessions are scheduled.
13.60 To the extent the Board of Directors elects to schedule “Association Comments”
on any Board agenda the Association shall have the right to address the Board of
Directors at that time. The Association shall be placed on the list of local media
entitled to notice of special meetings of the Board of Directors.
13.70 The District agrees to notify the Association in advance of the time and location
of new employee orientations. The District agrees to provide the Association at
least a week’s notice of the orientation date and time. The Association may
request to meet with the employee after the orientation, but such meeting is
voluntary and on the employee’s own time.
The District will provide copies of the new hire letters to the Association. This
letter provides the employee’s start date, location, hours, and position. Upon
request by the Association, the District will provide a roster of all employees
which includes employee name, job title, location, home address, and home
phone number.
14.00 DISTRICT RIGHTS
14.10 Except as otherwise specifically limited by provisions of this Agreement, the
District has the exclusive right to exercise all the rights or functions of
management, including, but not limited to, the development, adoption,
implementation, and enforcement of policies, rules, regulations, and practices in
furtherance of management rights or functions, and the use of judgment and
discretion in connection with the exercise of District rights.
14.20 It is expressly agreed by the Association that the enumeration of District rights in
this article shall not be deemed to exclude other rights not specifically enumerated
above.
15.00 EVALUATION
15.10 At the beginning of an employee work year, the employee will be provided with
information about work hours, roles and responsibilities consistent with the
employee job description; and District rules, policies, and procedures.
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15.20 All employees shall be evaluated by their appropriate supervising administrator
based upon the criteria set forth herein at least once annually. Supervising
administrators are encouraged to observe employees prior to the evaluation. In
the event there is a concern or problem regarding the employee’s performance
leading to an unsatisfactory rating in any area, a fifteen (15) minute observation is
required. The evaluator shall review the evaluation with the employee and shall
afford the employee an opportunity to comment on the evaluation. Appendix C
contains the evaluation form.
15.30 The employee shall sign the evaluation to certify only that they have seen it and
discussed it with their evaluator.
15.40 The signed original shall be placed in the employee's personnel file with one copy
issued to the employee, and one to the evaluator. No other copies of the
evaluation shall be kept by the District.
15.50 In the event an employee grieves an alleged violation, misinterpretation,
misapplication, unfair application or summation, or non-application of these
evaluation criteria and procedures, the District shall not be precluded from
establishing probation during the pending of such grievance.
15.60 Evaluations will be completed no later than two weeks prior to the end of the
school year.
16.00 DISCIPLINARY ACTION
16.10 No employee shall be disciplined (including warning, reprimand, suspension,
reduction in rank or professional advantage, discharge, or other actions that would
adversely affect the employee) without cause. Any such discipline, including
adverse evaluation of employee performance, shall be subject to the grievance
procedure hereinafter set forth including arbitration. The specific grounds
forming the basis for disciplinary action will be made available in writing at the
time such action is taken.
16.20 An employee shall be entitled to have representation of the Association present
during any meetings that may lead to formal disciplinary action. When a request
for such representation is made, no action shall be taken with respect to the
employee until a representative of the Association is present. Further, in the event
a disciplinary action is to be taken, the employee shall be advised of the right to
representation under this provision of the Agreement prior to the action being
taken.
16.30 The District agrees to follow a policy of progressive discipline which minimally
includes verbal warning, reprimand, suspension without pay depending on the
circumstances, with termination as a final and last resort. Any disciplinary action
taken against an employee shall be appropriate to the behavior which precipitates
such action. No employee shall be suspended without pay or terminated until the
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District has concluded an investigation of the allegations against an employee,
and provided the employee with an opportunity to respond.
16.40 Any complaint made against an employee by any parent, student, or other person,
will promptly be called to the attention of the employee. Any complaint not
called to the attention of the employee may not be used as the basis for
disciplinary action against the employee.
17.00 NEW EMPLOYEE PROBATION
17.10 A probationary period for all new employees of ninety (90) work days, excluding
summer work, will be required.
17.11 All new employees shall be evaluated by their appropriate supervising
administrator or coordinator, based upon the criteria set forth herein, at least once
annually. An observation/evaluation shall be completed within the first sixty (60)
days of the ninety (90) work day probationary period with a post observation
conference being held within five (5) days of the observation. Supervising
administrators are encouraged to observe employees prior to the evaluation. In
the event there is a concern or problem regarding the employee’s performance
leading to an unsatisfactory rating in any area, a fifteen (15) minute observation is
required.
17.20 Termination procedures and grievances regarding termination are not applicable
to new employees during their probationary period.
17.30 Any new bargaining unit employee shall not be eligible to apply for another
position until the 90 day probation has been completed, except with the approval
of the building principal.
17.40 New employees shall be entitled to all other provisions of this Agreement.
18.00 ON THE JOB PROBATION
18.10 After the initial probationary period, employees whose services are unsatisfactory
may be placed on probation for a period not less than 45 work days, and not to
exceed six (6) months. Such probationary status shall be for specified written
reasons, based upon evaluation criteria and job description, recorded and made
available to the employee, and shall be subject to the grievance process. Specific
goals, criteria for improvement and reasonable timelines for improvement will be
given to the employee in writing. Meetings will be held by the supervisor every
two (2) weeks to review the probationary status and note improvements or
continued deficiencies.
18.20 The purpose of the on-the-job probation shall be to improve an employee's ability
to meet the day-to-day requirements of the job. Failure of the employee to show
improvement within a reasonable time may result in notice of probable cause for
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termination of employment in accordance with procedures set forth in this
Agreement, and shall be subject to the grievance procedures. Termination notice
of a minimum of fifteen (15) calendar days will be provided to the employee with
a statement of specific causes for such termination.
18.30 The Association will be notified when an employee is to be placed on
probationary status. At the employee's option, an Association representative may
be present at all meetings regarding the probation.
19.00 EMPLOYEE PROTECTION
19.10 The District agrees to hold employees harmless and defend from any financial
loss, including reasonable attorney's fees for actions arising out of any claim,
demand, suit, criminal prosecution of judgment by reason of any act or failure to
act by such employee, within or without of the school building, provided such
employee, at the time of the act or omission complained of, was acting within the
scope of his/her employment or under direction of the District.
19.20 Employees may, at all times, use such force as is lawful to protect self, a fellow
employee, or a student from attack, physical abuse, or injury.
19.30 The District shall, through District insurance programs, reimburse employees for
replacement of clothing or personal property damaged, destroyed, or stolen while
employees are engaged in the maintenance of order and discipline and the
protection of school personnel and students and the property thereof, provided
that the employee has registered such personal property with the building
principal prior to loss and that such loss is not otherwise covered by the
employee's personal insurance.
19.31 Employees shall not suffer any financial losses due to stolen, missing or damaged
District property that is not the fault of the employee. Stolen or missing property
must be promptly reported to local law enforcement and the District security
department. Damaged property must be promptly reported to the school principal
and the District’s technology department. In the event the District determines that
the property loss is the result of employee negligence, disciplinary action
commensurate with the cost of the loss may be taken.
19.40 The District shall regularly provide training in Right Response or an equivalent
program of positive behavior interventions, de-escalation strategies, and restraint
techniques, to employees who are assigned to Elementary Social/Emotional,
Sensory or Functional Skills and Academics classrooms or Secondary Positive
Behavior Support or Functional Skills and Academics classrooms, or One-on-One
positions at all levels. This training is a requirement of any such position, and
new employees and employees newly assigned to such positions shall be required
to attend the first available training. Other employees who believe that they need
such training may make a request to the Elementary or Secondary Special
Education Director. Where practical, this training will be provided prior to the
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employee’s assignment but not later than six (6) weeks following her/his
assignment. The District shall notify employees directly of the required training
as far in advance of the training as practicable. Employees will not be required to
use professional hours for this training.
19.50 The District shall periodically offer training in student behavior management to
other employees for whom section 19.40 does not apply. Training may be offered
during non-student time, or employees may use their professional hours for this
purpose.
19.60 When the District receives a request for public records about an employee, the
District shall promptly notify the employee of the specific request. The District
shall inform the employee that it will make available documents it intends to
release to the employee and the Association, unless the employee objects to
making the documents available to the Association. The District shall give the
employee and Association a reasonable opportunity (five (5) business days
whenever possible) to review the records, request copies, and raise any lawful
objection to the release of such records prior to public disclosure. If the number of
pages to be released is not greater than twenty (20), the District shall upon
request, electronically send them to the Association, provided the employee has
not objected.
19.70 The District shall provide a safe and healthy workplace.
20.00 PROMOTION/TRANSFER/ REASSIGNMENT
20.10 The District shall, in making assignments, consider the interests and aspirations of
its employees as well as the needs of the District. Requests by employees to
transfer to a different position or building shall be made in writing to the Human
Resources Office on electronic forms made available for that purpose. The request
shall set forth the reasons for transfer, the school and position.
20.20 Vacancy – A vacancy shall be defined, for the purpose of this Agreement, as a
position vacated and available through resignation, transfer, termination,
retirement or created by the opening of a new school building or a newly created
position.
20.21 When new positions are created or current existing positions are vacated, the
building administrator with the approval of the Director of Human Resources can
determine whether the hours will be added to existing bargaining unit members,
whether one vacated six and one-half (6.5) hour position will become two (2) four
(4) hour positions, or whether two (2) four (4) positions may be combined to
equal one (1) six and one-half (6.5) hour position. Such decision shall not be
made for the purpose of reducing the number of positions eligible for insurance
benefits.
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20.30 Posting Procedures – Vacant positions will be posted consistent with the
following procedures.
20.31 All Level I vacancies, with the exception of School Assistant vacancies that are
four hours or less, shall be posted for employees for seven (7) work days. The
timeline for posting will run from the first work day in which the posting is posted
by 10:00 a.m. LAP, Title I and ELL Paraeducators who wish to transfer and who
make application for vacancies in those classifications shall be interviewed and
selected provided they are qualified, prior to other applicants.
20.32 All registered nurse vacancies shall be posted via District e-mail for transfer by
employees in that classification for seven (7) work days.
20.33 School Assistants who wish to transfer from one site to another shall notify the
District’s Human Resources office in writing.
20.34 All other vacancies will be posted for a minimum of ten (10) work days. The
District shall determine whether to post positions internally or externally.
20.35 Nothing herein shall prohibit the District from maintaining open, continuous
postings to establish hiring pools for vacancies not filled through transfer.
20.36 Job postings shall be e-mailed to Association building communicators and office
managers for posting on staff bulletin boards, and posted on the District website.
20.37 Positions outside of the bargaining unit which allow for promotion will be posted
on the District website.
20.40 Application Procedures – Employees wishing to apply for posted vacancies will
make application to the Human Resource office in the prescribed manner.
20.41 Employees who meet the qualifications for vacancies shall be interviewed prior to
outside applicants. If more than five (5) employees apply for a vacancy, the
District shall interview a minimum of five as follows:
Displaced senior employees within the job classification
Displaced senior employees from outside the job classification
Other employees in seniority order
If less than five (5) qualified employees apply, all will be interviewed. The
District’s Human Resources office shall ensure compliance with this section.
20.42 Seniority shall control among employees applying where ability, skills and
qualifications are equal. The hiring official shall provide the District’s Human
Resources office with the interview schedule, selection materials, interview notes
and questions from the interview team.
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20.43 The District agrees to promote, transfer, or reassign an employee who has applied
for a vacancy at his/her request, rather than hire a new employee where the
applicant's ability, skills and qualifications are equivalent.
20.44 Within twenty (20) calendar days after the position is filled, the applicant will be
notified of the result of the application and interview. An employee not selected
for a vacancy shall, at his or her request, be provided the reasons for non-selection
in writing.
20.50 Summer Vacancies – Whenever vacancies occur during the summer months
when regular school is not in session, the following procedure, in addition to the
procedures heretofore outlined, shall be observed:
20.51 Employees with specific interests in transferring and in possible vacancies will
notify the Human Resources Office of their interest, in writing during the last
regular work week of school and shall include a summer address, e-mail address,
and telephone number.
20.52 Should a vacancy occur, the Human Resources Office shall contact all displaced
employees and other employees who have expressed an interest in said position
by e-mailing the employee the job posting.
20.53 The employee(s) notified shall have the responsibility of making proper
application for the posted position by the closing date on the job posting.
Qualified applicants selected for an interview as per Article 20.41 shall be
contacted by email or phone to schedule an interview.
20.60 Reassignment – In the event that the District considers a change of assignment
for an employee due to a change in program, student enrollment, or building staff
needs, the employee shall be notified in writing at least thirty (30) days prior to
the proposed transfer/reassignment provided that this thirty (30) days notice may
be waived following consultation with the Association and the employee. The
District will seek volunteers at the school or program site where the reduction is
occurring, prior to involuntarily reassigning employees.
20.61 Building Process –- When there are no volunteers for displacement, the District
shall reassign the least senior employee in the job classification (or
subclassification if a special education paraeducator), subject to the remainder of
this Article. At the elementary level, there are four Special Education
Paraeducator subclassifications; a) Learning Center and Mid-Level Blended; b)
FSA (Functional Skills and Academic), Mid-Level Sensory, and Mid-Level
Social/Emotional; c) One-on-One Special Education Paraeducators; and d) Early
Childhood. At the secondary level, there are four subclassifications; a) Learning
Center; b) FSA (Functional Skills and Academic), PBS (Positive Behavior
Support), and Mid-Level; and c) One-on-One Paraeducators, including One-on-
One Paraeducators in the ATP Program; and d) ATP job coaches.
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20.61.1 Reassigning displaced employees is a priority. Displaced employees shall first be
reassigned within the building to vacancies with the same number of hours in the
same job classification or subclassification, per above, if they are a Special
Education Paraeducator without the need to post positions. Building
administrators shall notify employees of vacancies and reassign employees based
on employee qualifications and preferences prior to displacement. Employees
may decline reassignment within the building and shall then be subject to
displacement. At the elementary level, Learning Center and Mid-Level Blended
positions not filled by Learning Center Paraeducators or Mid-Level Blended
Paraeducators within the building will be posted.
20.61.2 An employee whose hours are reduced may (1) elect to be reassigned to a vacancy
for which they are qualified within the building; or (2) may elect to reduce his or
her hours rather than be displaced; or (3) may elect to be displaced. Displaced
employees will be considered for vacancies in other buildings provided they make
proper application by the closing date on the job posting pursuant to Article 20.
20.61.3 Employees in One-on-One Paraeducator assignments who have continuing status
and whose students no longer require assistance may be reassigned to an FSA,
PBS, Mid-Level Sensory, or Mid-Level Social Emotional (or Mid-Level at the
secondary level) vacancy within a building or program prior to being displaced.
20.62 Employees displaced from a Learning Center or elementary Mid-Level Blended
assignment shall be interviewed and selected for reassignment to vacant Learning
Center and elementary Mid-Level Blended assignments prior to other applicants
being considered, provided they are qualified.
20.63 An employee not assigned by the end of the second full week of August shall be
placed in a remaining open position that preserves the employee’s assigned hours.
The priority of such reassignment shall be maintaining the employee’s
comparability of assignment, notwithstanding a displaced employee may not
bump a less senior employee at another site or program to maintain comparability
of assignment.
20.64 An employee involuntarily reassigned from one job classification or
subclassification to another shall be interviewed and selected for a vacancy in the
same job classification or subclassification with the same number of hours from
which the employee was displaced, provided the employee makes proper
application for the position and is qualified.
20.65 Registered Nurses shall be reassigned consistent with the Letter of Agreement for
Nursing and Health Services in Appendix I.
20.66 School Assistants whose hours are reduced shall have first priority for the
assignment of additional School Assistant hours at their work location, consistent
with their qualifications and the scheduling needs of the school.
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20.67 If an entire program is moved from one site to another, the employees assigned to
that program shall be reassigned accordingly to the new site.
20.70 School Year Only Employees – School year only employees have a specific,
limited term of employment but are otherwise subject to the terms and conditions
of the Agreement. The District shall employ school year only employees on the
following basis.
20.71 Contingent staffing, including staffing conversion, building budget, split class
staffing, and grant-funded positions (not including categorical funded positions).
20.72 Special Education Overload, including hours added because of enrollment
fluctuations or special student needs.
20.73 One-on-One Paraeducators for the first year of their employment, after which
time the students continued need for assistance and the effectiveness of
relationship between the students and the paraeducators will be considered.
20.73.1 One-on-One Paraeducators who are rehired after the initial year will have
continuing employment status.
20.73.2 If a student no longer requires a one-on-one paraeducator, is no longer enrolled,
or changes schools or program to the extent the One-on-One Paraeducator is not
appropriate to the new assignment, the employee in the assignment will be
displaced and subject to reassignment consistent with this Article. However, prior
to displacement, One-on-Ones at the Adult Transition program (ATP) Pathways
and Networks program shall be offered vacancies (One-on-One and Job Coach
positions) in seniority order provided they meet the abilities, skills and
qualifications required for the position and job assignment/location. They will be
offered in seniority order to employees meeting the abilities, skills and
qualifications, first at the ATP Program to which they are currently assigned, and
if no vacancy exists there or is filed by a more senior One-on-One in this
situation, then to the other ATP Program. Any assertion that an employee lacks
abilities, skills and qualifications shall be documented in writing.
20.73.3 One-on-One Paraeducators whose student is assigned to an Adult Transition
Program may decline an assignment following the student to ATP. They may opt
instead to either stay at the high school to which they are currently assigned, if
there is a vacant One-on-One assignment for which they are suitable, or may elect
to be displaced and subject to the Promotion/Transfer/Reassignment provisions of
this Article.
20.73.4 If the District determines that it does not have sufficient staffing capacity, it may
first layoff displaced one-on-one paraeducators based on their seniority.
20.74 If, prior to October 1, a school year only position is authorized the succeeding
year at the same building with substantially similar hours and working conditions,
the hiring supervisor with the agreement of the Human Resources Director, may
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place the employee who held the position the previous year in the position
without the need to post the vacant position. In such cases, the employee will
accumulate longevity and seniority as if he/she had held the position continually.
20.75 School year only employees not re-employed pursuant to the provisions of
sections 20.73.2 and 20.74 may apply for posted vacancies September 30 of the
following school year. An employee not reassigned by September 30 will
terminate employment.
20.76 If during the school year, a student assigned to a one-on-one paraeducator leaves
the District or no longer requires support, the District shall offer the employee
another assignment with no reduction in hours for the remainder of the school
year.
20.77 Employees with continuing status may apply to and be selected for one-on-one
and overload paraeducator positions without loss of their continuing status.
Employees with continuing status who are displaced into school year only
positions shall retain their continuing status.
21.00 PERSONNEL FILE
21.10 Employees shall upon request have the right to inspect the contents of their
complete personnel files kept within the District and to attach his/her own written
comments to any material therein. Upon request, a copy of any documents
contained in the personnel files shall be afforded the employee at cost. Other than
processed grievance files and anecdotal records, no other additional files shall be
kept. Such anecdotal records belong to the administrator creating them and will
be destroyed or removed after three years from the date of making of the
anecdotal record, provided the concern is not repeated during the three-year
period. When anecdotal records involve documentation of performance concerns
or misconduct of a re-occurring, similar nature or evidence a pattern, they may be
retained beyond three years to document the ongoing concern and preserve the
record of such. Once the repeat/pattern concern is eradicated and there is no re-
occurrence within three years from the last occurrence, then the record will be
destroyed.
21.20 At the employee's request, a witness may be present in a review of their District
personnel file. The employee may generate a list of documents included within a
personnel file and upon request have it initialed by a Human Resources
Department employee.
21.30 Any derogatory reference to an employee's competence, character, or manner that
could form the basis of a disciplinary or adverse action shall not be placed in the
personnel file without the employee's knowledge and such reference shall not be
retained in a personnel file beyond three (3) years from the date of inclusion. The
employee shall have the opportunity to attach comments to any derogatory
reference prior to its inclusion in the employee's personnel file. The employee
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may request that any derogatory reference or reprimand be removed from the
Personnel File at the end of one (1) year of its inclusion. Excluded from this
section shall be evaluation records. This section is intended to comply with RCW
28A.400 regarding the retention and disclosure of investigatory records related to
sexual misconduct.
22.00 LETTERS OF EMPLOYMENT AND NOTIFICATION
22.10 Each new employee shall be given a written copy of his/her hiring in a personnel
action statement containing the following information:
A) Employee's name;
B) Salary placement;
C) Authorized work year;
D) Number of hours authorized per day;
E) Work location;
F) Job Classification.
22.20 Letters of notification regarding continued employment for the ensuing year shall
be sent to each employee. The District will notify employees as to their status
prior to the end of the school year or fiscal year, whichever is first.
22.30 Employees whose positions are in question due to funding uncertainties will
receive written notice prior to the end of the work year.
22.40 Whenever the District becomes aware that positions are to be terminated, the
District will notify the affected employees in writing no less than thirty (30) days
prior to the termination date and the reduction in force provisions of this contract
will apply.
23.00 SUPPORT PERSONNEL DUTIES
23.10 The Association and the District recognize the importance and advantages of
utilizing Support Personnel in the classroom.
23.20 Support Personnel shall not perform any instructional duties normally performed
by classroom teachers except while under the supervision of a certificated
employee.
23.30 Support Personnel employees may be utilized in an instructional format to share
instructional and educational duties with classroom teachers in school consistent
with state laws, regulations and these Agreements.
23.40 A paraeducator shall not be required to pack or assist with moving in the case of a
teacher transfer or reassignment. If the paraeducator agrees to perform such
duties outside of his/her normal work shift, s/he shall be compensated for all
hours worked.
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23.41 If an employee is involuntarily transferred to another worksite or classroom that
requires the moving of materials related to her/his position, the employee shall be
provided up to four (4) hours of compensated time for moving, unless the
employee has been relieved of her/his regular duties in order to accomplish the
move during the employee’s assigned shift.
23.50 Pursuant to RCW 28A.210.280, employees, except those licensed under Chapter
18.79 RCW who have not agreed in writing to perform clean, intermittent bladder
catheterization as a specific part of their job description, may file a written letter
of refusal to perform clean, intermittent bladder catheterization of students. This
written letter of refusal may not serve as grounds for discharge, nonrenewal, or
other action adversely affecting the employee’s contract status.
23.60 Employees shall dispense medication in accordance with state law.
23.70 Following the adoption of new curriculum by the District and upon a request by
the Association, the District and the Association shall meet and confer on material
and training needs of employees related to the curriculum adoption.
23.80 If a paraeducator or school assistant in a secondary general education class is
assigned for less than the entire class period, the employee may request to have a
discussion with the principal and/or teacher regarding the impacts of such
assignment on the employee’s ability to provide educational support to the
students and possible alternatives. If requested, such a discussion shall happen
within five (5) working days.
23.90 Employees who note a concern with recess supervision shall report the concern to
the building administrator. The building administrator will discuss the concern
with the employee, and if applicable, observe recess to review the concern. The
administrator will respond to the employee in writing within ten (10) working
days regarding how the concern will be addressed.
23.100 An employee assigned to work directly with a student on an Individualized
Education Plan (IEP) shall receive or have access to a copy of the IEP within ten
(10) working days of the student’s assignment, or within five (5) days of the
District receiving the IEP.
23.101 When information is known, students who have exhibited or have a history of
violent or threatening behavior will be promptly identified to staff on a need to
know basis by an administrator or designee. To assist in avoiding injury to staff
and students, sufficient confidential information will be shared with employees in
accordance with the rules and regulations of the Federal Educational Rights and
Privacy Act (FERPA) as now or hereafter amended.
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24.00 EMPLOYEE ABSENCE
24.10 Employees anticipating a planned absence from duties shall notify his/her
building administrator or designee as soon as practicable prior to the absence and
consistent with the leave provisions of this Agreement.
24.20 Upon request of the building administrator or designee, a substitute, when
available, will be provided by the District when an employee is to be absent from
his/her regular duties.
25.00 STAFF DEVELOPMENT TRAINING
25.10 A fund of twenty-five thousand dollars ($25,000) will be available for individual
staff development training that may include tuition, registration fees and
substitutes. These funds may be utilized to pay employees their regular hourly
rate of pay to administer the fund, and to organize ESP Day and other staff
development events. Unexpended funds shall be carried forward from one fiscal
year to the next fiscal year. Prior approval from the ESP Board for use of this
fund must be obtained. Consideration for approval will be based upon: (1) funds
available, (2) relationship to employee's immediate job performance or future
planned responsibilities, (3) District needs, (4) individual growth adding to the
employee's abilities, skills, job-related interests and professional or personal
growth, and (5) the employee’s access to other professional development funds.
25.20 The District and Association shall continue to collaborate through Labor
Management meetings on an ongoing basis to create and offer differentiated
relevant professional development opportunities outside the school day for all
ESP staff members, including ESP staff members who are new to the District
and/or new to their positions. The District and Association shall specifically target
the productive use of carry over professional development funds to support
expanded professional development offerings in the 2016-17 school year.
25.30 Paid hours for inservice training are provided for all members of the bargaining
unit. Refer to Sections 11.20, 11.21 and 11.30 of this agreement.
25.40 Staff development as offered to all members of the bargaining unit shall be in a
variety of geographical locations and at times which are as convenient as possible
for the majority of those employees participating.
25.50 Compensation at the employee's regular rate of pay or release time will be
provided for required District or State programs which can include first aid
training and student testing.
25.60 Evidence of completion of degree or certificate granting programs will be
accepted by the District for recording purposes in the personnel file.
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25.70 The District shall provide $10,000 per year for use as scholarships for members
working toward education certification under the provisions contained in
Appendix G set forth in this Agreement.
25.80 Professional Standards Program
The District recognizes the Professional Standards Certificate as issued by the
National Association of Educational Office Personnel with the following
provisions beyond the salary schedule:
September 1 2015-
August 31, 2016
Basic Standards Certificate (NAEOP) $623 Per year
Associate Professional (NAEOP) $731 Per year
Advanced I (NAEOP) $809 Per year
Advanced II (NAEOP) $896 Per year
Advanced III (NAEOP) $993 Per year
Professional Bachelor’s Degree (NAEOP) $1100 Per year
Professional Master’s Degree (NAEOP) $1145 Per year
25.81 For PSP purposes, three and one-half (3.5) hour employees shall be considered
full-time and shall be eligible for full PSP stipends. Employees employed for less
than three and one-half (3.5) hours shall be eligible for one-half of the PSP
stipend.
25.82 The District recognizes that an employee on Level II or Level III of the salary
schedule holding any of the following degrees/certifications, that is appropriate to
the requirements of the job, shall receive the following additional stipends beyond
the salary schedule:
September 1 2015-
August 31, 2016
BA or BS Degree $1,052 Per year
ESA $1,052 Per year
Master’s Degree $1,052 Per year
The employee may choose between a PSP stipend and one or more of the stipends
identified above. Employees are not eligible for both types of stipends.
2015-2019 NSEA/ESP/NSD Agreement
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25.83 Such payment shall begin on the month immediately following confirmation of
the award provided request for such recognition has been submitted to the
Director of Human Resources on or before the end of the pay period.
25.84 The District shall not require recertification and will continue to pay the PSP
stipend to eligible ESP employees.
26.00 RESIGNATION AND TERMINATION
26.10 Employees who are terminating from District employment shall submit to the
Human Resources Office a fifteen (15) calendar day written notice of resignation,
unless otherwise mutually agreed, stating the last date the employee will work. A
copy of the notice shall be provided to the immediate supervisor.
26.20 Unless otherwise provided herein, the District shall provide employees with thirty
(30) days written notice of termination. Such notice shall state the specific
cause(s) of termination.
27.00 RETIREMENT
27.10 Retirement provisions and benefits for members of this bargaining unit are
determined by the State Legislature and administered by the Public Employees
Retirement System.
28.00 EMPLOYEE FACILITIES
28.10 The District shall provide furnished faculty lounges, dining areas which may
incorporate faculty lounges, restrooms, appropriate office or classroom furniture,
and parking space for employees.
28.20 Employees may be issued keys consistent with security needs as determined by
the District and/or the building principal.
28.30 Employees shall have adequate heat, light, water, and air to perform their duties
effectively.
28.40 Upon request by an employee, the District shall provide a locked space to safely
store personal belongings. (e.g., purse, keys, outerwear, etc.).
29.00 REDUCTION IN THE WORK FORCE
29.10 Conditions Necessary for Layoff - The District has the responsibility to establish
the educational programs, services and staff in accordance with the District's basic
educational goals and program continuity consistent with the financial resources
available.
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29.11 It shall not be construed as a reduction in the work force when four (4) hour
positions fluctuate between four (4) and six and one-half (6 1/2) hours depending
on workload fluctuations of the assignment.
29.12 No employee shall be laid off as a result of special levy failure prior to the end of
the contract year.
29.13 If a reduction in the work force is necessary, the number of individual employees
will be reduced rather than a reduction in hours for all employees.
29.14 Every effort will be made to allow a reduction in the work force to occur through
normal attrition which will include resignation and termination and retirement.
29.15 Prior to the application of the provisions of this Article, the District and the
Association shall meet to discuss the impact of the reductions and implementation
of these provisions.
29.20 Seniority – seniority shall be defined as the length of an employee’s continuous
service with the District as a member of the bargaining unit, as determined by the
employee’s most recent hire date into a bargaining unit position, unless such
seniority shall be lost as hereinafter provided.
29.21 In the event that two (2) or more employees have the same hire date, tiebreakers
shall be applied in the following order:
A. District-wide seniority as determined by the employee’s initial hire date
into a continuing position with the District.
B. Lot drawing.
29.22 An employee’s seniority shall be lost for the following reasons:
A. Resignation
B. Discharge
C. Retirement
D. Failure to return to work in response to a call-back from layoff.
29.23 An employee’s seniority shall not be lost but shall be adjusted for the following
reasons:
A. Time spent on authorized unpaid leave of absence in excess of ten (10)
workdays.
B. Time spent on layoff status as provided in this Agreement.
29.24 An employee’s seniority shall not be lost or adjusted for the following reasons:
A. Time lost by reason of industrial injury
B. Time lost by reason of jury duty.
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C. Time lost for the purpose of serving in the Armed Forces of the United
States.
29.25 Seniority lists for staff adjustments shall be established for all employees each
year with a copy given to the Association by December 1.
29.26 Seniority will accrue in separate classifications as listed in Appendix B. If an
employee transfers from one classification to another within this bargaining unit,
that employee's seniority shall transfer with him/her. For the purpose of layoff
and recall, total seniority will apply to classifications as listed in Appendix B.
29.30 Staff Adjustment Guidelines Layoff – Layoff shall be defined as a necessary
reduction in the work force beyond normal attrition for economic reasons.
29.31 The District shall have the discretion to protect up to five (5) positions for
program continuity outside of the seniority process.
29.32 With the exception of positions identified pursuant to Section 29.31, in the event
the District determines the need to reduce the number of positions in a
classification in Appendix B and the number of employees in the classification
exceeds the number of positions, the employee with the least seniority in such
classification shall be the first to be laid off.
29.33 An employee identified for layoff pursuant to Section 29.32 may be assigned to a
vacancy in another classification provided the employee possesses the
qualifications for such an assignment.
29.34 Should no vacancy exist, if such employee has previous, successful work
experience in another classification and has greater total seniority than the least
senior employee in that classification, he or she may, at his or discretion, exercise
the right to bump that least senior employee.
29.35 Employees who are assigned outside their current job assignment as a result of
layoff shall be provided necessary retraining and orientation to the new
assignment without cost to the employee.
29.40 Assignment and Transfer of Retained Employees - After the necessary staff
adjustments have been determined, the District shall:
29.41 Examine the reduced needs of the educational programs and services of the
District;
29.42 Assign retained employees on the basis of seniority as defined above and as
relates to the Transfer and Reassignment section of the Agreement.
29.50 Provisions for Re-employment of Terminated Employees from the Re-
employment Pool.
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29.51 In the event of layoff, affected employees are to be placed on a re-employment
list maintained by the Human Resources office according to seniority within each
classification. It is the employee’s responsibility to keep his/her address and
telephone number current with the District.
29.52 Laid off employees in the reemployment pool will be offered vacancies by
seniority in the same classification held prior to the layoff. When the pool does
not contain employees in the same classification as the vacant position, the
position will be offered by seniority to other employees in the pool, provided they
are qualified.
29.53 Accumulated sick leave and seniority accrued at the time of termination shall be
retained for those employees in the re-employment pool.
29.54 Employees on layoff status may continue to participate in insurance programs as
allowed by federal law (COBRA), when premiums are paid by the employee.
29.55 A laid off employee shall, upon application, and at their option, be granted
priority status on the substitute list according to their seniority.
29.56 Notices of recall will be sent by certified or registered mail to the last known
address as shown on the District's records. The recall notice shall state the time
and date on which the employee is to report back to work. It shall be the
employee's responsibility to keep the District notified as to his/her current mailing
address. A recalled employee shall be given fifteen (15) calendar days from the
time the notice is mailed to report to work unless there is mutual agreement for an
extended period of time. The District may fill the position on a temporary basis
until the recalled employee can report for work providing the above time
limitations are met.
29.57 The District shall maintain the re-employment pool for one (1) full year following
the reduction in the work force and until October 31 of the subsequent year. If an
employee is not re-employed by October 31 of the subsequent school year, said
employee will be dropped from the re-employment pool.
30.00 LEAVE OF ABSENCE
30.10 An employee shall, upon written request, be granted a leave of absence for a
period of one year without pay provided the employee has completed three or
more cumulative years of service. Each employee desiring a leave of absence
shall apply to the Human Resources Director prior to May 1 of the year preceding
the leave period. An employee may apply for leave of absence without pay for
study leave, family illness, travel and other purposes, but may not be granted a
leave for other employment. At the expiration of the leave, the employee shall
return to work with the same rate of pay, number of hours and benefits provided
that the employee has not been terminated in accordance with the reduction in the
work force section of the Agreement.
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30.20 An employee may be granted a leave of absence for a period of less than one year
without pay provided the employee has completed three or more cumulative years
of service and makes application to the Human Resources Director on forms
provided for that purpose, at least two weeks prior to the commencement of the
leave. The Human Resources Director shall determine whether to grant the leave
to the employee based on all the facts, the welfare of the employee and the
welfare of the District. An employee may apply for leave of absence without pay
for any reason but may not be granted a leave for other employment. At the
expiration of the leave, the employee shall return to work with the same rate of
pay, number of hours and benefits provided that the employee has not been
terminated in accordance with the reduction in the work force section of the
Agreement.
30.30 An employee shall be granted a leave without pay of up to two years in duration
to complete a teacher certification program at a regionally accredited university
with whom the District has a partnership agreement, provided the employee has
completed three or more cumulative years of service and makes application to the
Human Resources Director on forms provided for that purpose. At the expiration
of the leave, the employee shall return to work with the same rate of pay, number
of hours and benefits provided that the employee has not been terminated in
accordance with the reduction in the work force section of the Agreement.
30.40 An absence of short duration without pay, not to exceed ten (10) days, for reasons
other than those specified in this agreement may be requested, and granted at the
discretion of the employee’s supervisor in consultation with the Human Resources
Director, provided the employee makes the request in advance of the leave on
forms provided for that purpose.
30.50 Employees may continue any insurance benefit coverage as allowed by the
insurance carrier at the group rate provided the employee pays the premium.
30.60 Employees hired as temporary replacements for employees on leave of absence
shall not be covered by the Termination and/or Reduction in the Work Force
sections of this Agreement.
31.00 CITIZEN RESPONSIBILITY LEAVE
31.10 Jury Duty Leave - Each permanent employee shall be granted leave for
subpoenaed court appearance or jury duty at full pay. Any compensation received
for this duty shall be retained by the employee to cover allowable expenses.
31.11 Employees shall notify his/her immediate supervisor and the Director of Human
Resources as soon as possible upon receiving notice of subpoena or jury duty to
arrange for such absence.
31.20 Public Service Leave - The District shall grant leave without pay to any
employee who has been elected to a local, state or national governmental office.
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Upon return to the District, the employee shall be assigned the same position
he/she had prior to leave, provided the employee notifies the District in writing by
May 15 of the year of the leave that he/she shall return. In the event such notice
is not given or that the employee's position has been eliminated, he/she shall be
returned to a position of like nature and status. The employee shall retain all
seniority, but shall not accrue benefits and salary increments.
32.00 ILLNESS, INJURY, EMERGENCY LEAVE AND FAMILY MEDICAL
LEAVE
32.10 Each employee of the District shall accumulate and may utilize illness, injury and
emergency leave according to the following provisions:
32.20 At the beginning of each work year each employee will be credited with twelve
(12) days [i.e., forty-eight (48) hours for four (4) hour employees; seventy-eight
(78) hours for employees working six and one-half (6.5) hours per day, etc.] of
illness, injury or emergency leave, which will accumulate from year to year up to
a maximum of one hundred eighty (180) days and such accumulated leave may be
taken at any time during the school year.
32.30 The District may require an employee using illness or injury leave to provide the
District with a physician's certificate or with a notarized statement executed by
the employee attesting that such leave was taken for the employee's personal
illness or injury. Failure upon demand to provide the District with said certificate
or statement may result in a salary deduction.
32.40 Accumulated days of illness, injury and emergency leave may be used as
emergency leave, provided that such emergency leave is used for one or more of
the following purposes:
32.41 Any medical, mental health, or disabling condition of persons in the employee’s
immediate family or household which requires treatment or medication that the
person cannot self-administer or which would endanger the person’s safety or
recovery without the presence of the employee.
32.42 Court appearance or hearing in which the employee is an individually named
defendant or respondent.
32.43 Birth of a male employee's child.
32.44 Disaster created by forces of nature having serious deleterious effects upon the
employee's property, health or family safety.
32.50 Emergency leave days not used shall accumulate annually with illness and injury
leave days for each employee.
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32.60 Illness, injury and emergency leave days shall be allotted on a pro rata basis for
employees entering service during the school year.
32.70 Misuse of illness, injury or emergency leave by an employee shall constitute
probable cause for disciplinary action.
32.80 Provisions for payment of unused illness, injury and emergency leave are found in
Appendix E, Attendance Incentive Program.
32.90 Employees may participate in the District's leave sharing policy, attached to this
Agreement as Appendix F.
32.100 Family Medical Leave - An employee, whether male or female, is entitled to
twelve (12) work weeks of family and medical leave during any twelve (12)
month period (July 1-June 30). An eligible employee is anyone who was
employed by the Northshore School District for a total of 52 weeks for at least
1250 hours of service during the previous 52 weeks.
32.101 The family and medical leave may be taken for the following events:
32.101.1 Birth of a child and the need to care for a newborn child;
32.101.2 Placement of a child with the employee for adoption or foster care that requires
state action;
32.101.3 Care for a child, spouse, or a parent who has a serious health condition; or
32.101.4 The employee has a serious health condition.
32.101.5 If both parents of a child are employed by the District, together they are entitled to
a total of twelve (12) weeks of leave and leave may be granted to only one parent
at a time.
32.101.6 Leave taken to care for a newborn or newly adopted child must be completed
within twelve (12) months after the birth or adoption.
32.102 The District may require certification (and subsequent recertification to support
continuing leave) for medical leave and may require the employee to obtain a
second medical opinion at the District’s expense. The District may also require
periodic reports from an employee on family and medical leave regarding the
employee’s status and intent to return to work.
32.103 “Child” is defined as a biological, adopted, or foster child, a stepchild, a legal
ward who is under 18 years of age or incapable of self-care due to a mental or
physical disability. A “serious health condition” is one caused by illness, injury,
impairment, or physical or mental condition that involves inpatient care or
continuing treatment by a health care provider.
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32.103.1 Prenatal care is explicitly included; industrial injuries and routine physical
examinations are explicitly excluded.
32.104 The family and medical leave shall be without pay for all or part of the leave;
however, the employee may choose or the District may require the employee to
use her/his accrued paid leave as part of family and medical leave. Health
benefits provided under any medical plan will be continued for the duration of the
family and medical leave at the level and under the conditions that coverage
would have been provided if the employee had continued in employment during
the leave. Any additional employee premium payments for health benefits must
be made to the Payroll office. Failure to make premium payments within thirty
(30) days of the due date of the health benefit premium may result in cancellation
of health benefit coverage.
32.105 The family and medical leave is in addition to any leave for sickness or temporary
disability because of pregnancy or childbirth. However, the employee may use
accumulated paid leave only for the period of actual disability attributable to
pregnancy or childbirth.
32.106 An employee who plans to take family and medical leave must provide the
District with written notice at least thirty (30) days in advance, unless the family
and medical leave is not foreseeable, in which case the employee must notify the
District of the expected leave as soon as possible.
32.106.1 District approval is required for family and medical leave taken on an intermittent
basis (such as working a reduced work week) for the purpose of birth or because
of the placement for adoption or foster care. Family and medical leave, to care
for a seriously ill family member or because of the employee’s own serious health
condition, may be taken whenever medically necessary. If an employee requests
intermittent leave to care for a seriously ill family member or for the employee’s
own serious health condition, and the need for leave is foreseeable based on
planned medical treatment, the District may temporarily transfer the employee to
an available alternative position with equivalent pay and benefits if the employee
is qualified for the position and it better accommodates recurring periods of leave
than the employee’s regular job.
32.107 Upon returning from family and medical leave, the employee is entitled to be
returned to the same position s/he previously held or to an equivalent position
with equivalent employment benefits, pay, and other terms and conditions of
employment.
32.108 Two (2) weeks before the employee’s anticipated return-to-work date, the
employee must report to her/his supervisor and to Human Resources and give
notice of her/his intention to return to work.
32.109 If an employee fails to return to work within three (3) days after the date on which
s/he was supposed to return to work, that employee will be presumed to have
voluntarily resigned her/his position with the District. If an employee fails to
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return to work for reasons within her/his control, the employee shall reimburse the
Northshore School District all insurance premiums paid on the employee’s behalf
during the entire term of her/his leave.
33.00 PERSONAL LEAVE
33.10 The District shall grant each employee two (2) days of personal leave, figured at
the actual hours worked per day, with pay for personal reasons.
33.20 Personal leave may be used for personal matters. No more than fifteen (15)
employees may use personal leave on a day adjacent to a holiday or vacation
break. Only the first fifteen (15) such requests on any given day shall be granted.
33.30 Personal leave shall be cumulative to a maximum of six (6) days.
33.40 Personal leave, except in cases of unanticipated circumstances, will be scheduled
at least one week in advance.
33.50 Employees whose religious affiliation requires observance of mandatory holy
days during the work year and during work hours shall be granted one day of
leave for this purpose. An employee may also use personal leave for such
purposes.
33.60 All employees may elect to receive monetary compensation for unused
accumulated personal leave as specified in Appendix E.
34.00 TEMPORARY DISABILITY LEAVE
34.10 The District shall grant to an employee, who for medical reasons (physical or
mental) cannot perform his/her duties, a temporary disability leave without pay
under the following provisions:
34.11 Temporary disability may be taken before or after the benefits under illness and
injury leave have been totally expended.
34.12 Temporary disability leave shall last for the length of the actual disability but
under no circumstances shall exceed twelve months. An extension for up to an
additional twelve months may be requested in writing by the employee. The
District shall have the right to approve or disapprove the disability leave extension
request.
34.13 The District reserves the right to call for a doctor's certificate as proof of
disability.
34.20 Before an employee who is on a temporary disability leave may return to work
status, the employee must notify the District in writing of his/her intention to
return to work and suggest a proposed return date. Such notice to the employer
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shall be at least two weeks in advance, except in cases where the leave was
granted for the remainder of the school year but before May 1, then such notice
must be given by May 15 of the year of the leave, notifying the District of intent
to return the following school year. Before an employee will be returned to work,
a doctor's statement certifying that the employee is able to return to work must be
submitted to the District.
34.21 While an employee is on a temporary disability leave the employee shall retain
but not advance additional benefits, seniority or experience for salary increments.
34.30 Insurance eligibility and benefits may be continued at the employee's option and
at the employee's own expense where permitted by insurance company
agreements and consistent with provisions of COBRA.
35.00 BEREAVEMENT LEAVE
35.10 Each employee shall be allowed paid bereavement leave, not deducted from
illness, injury and emergency leave, to make arrangements for and/or attend a
funeral according to the following schedule:
35.11 Five (5) days for the death of the employee's mother, father, spouse, child,
brother, sister, or others living in the same immediate household.
35.12 Three (3) days for the death of the employee's brother/sister in law, father/mother
in law, son/daughter in law, grandparent and grandchild.
35.13 One (1) day annually to attend any other funeral.
35.20 In certain cases, bereavement leave may be extended under Articles 32 and 33
upon appropriate approval from the Director of Human Resources.
36.00 CHILDBIRTH/CHILDCARE/ADOPTION LEAVE
36.10 Employees shall be granted leave without or with pay for the purposes of
childbirth, childcare, adoption or permanent custody according to the following
provisions:
36.11 An employee requesting leave for the birth, adoption or permanent custody of
his/her child shall give written notice to the Director of Human Resources no later
than sixty (60) days prior to the expected date of birth, adoption or permanent
custody. In extenuating circumstances notice will be waived. The written request
for such leave shall include (1) anticipated date of birth, adoption or permanent
custody (2) the estimated date that sick leave is to begin, and (3) the estimated
date other requested leave is to begin.
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36.12 A female employee may continue to work until, in the judgment of the immediate
supervisor and the personal physician, her work or health are in any way impaired
by her condition.
36.13 Illness, injury and emergency leave shall be granted up to accumulated leave
allowance. Such leave shall extend no more than forty (40) contracted work days
immediately following birth, adoption or permanent custody unless the
employee's physician certifies that the female employee is unable to perform her
normal duties as an employee. Childcare leave shall commence following such
sick leave or earlier at the employee's discretion, but shall not occur
simultaneously. Employees are not eligible for use of illness, injury and
emergency leave for births occurring in the summer months other than to utilize
leave benefits which would occur during the contracted school year.
36.20 Childcare leave may be extended until the beginning of the school year following
birth of the child. Additional leave for childcare may be extended to the
September following the next school year if the employee, the employee's
supervisor, and the Director of Human Resources mutually agree.
36.30 An employee granted any of the above leaves who desires to return to duty during
the period of leave may return if the employee, the employee's immediate
supervisor, and the Director of Human Resources mutually agree.
36.40 During any of the above leaves, the employee shall accrue seniority, salary
experience increment, or other credits only to the extent such are affected by sick
leave.
36.50 Insurance eligibility and benefits may be continued at the employee’s option and
at the employee’s own expense where permitted by insurance company
agreements and consistent with provisions of COBRA.
37.00 PAY PROCEDURES
37.10 All employees, being regular hourly employees, shall be compensated in
accordance with their appropriate placement on the ESP Salary Schedules.
37.20 Employees shall be paid in twelve equal installments. Employees hired after the
beginning of a school year will have their remaining pay divided over the
remaining months of the school year as prorated to twelve months. Employees
shall receive their monthly pay before the first day of each calendar month.
37.30 Pay for days/hours beyond the student calendar (see Section 11.20, 11.21, and
11.30) will be reported on the employee’s monthly timesheet. Payment for such
time will be made the following month. All days/hours beyond the student
calendar must be worked and reported prior to June 30, except for professional
hours worked between July 1 through July 31, which must be submitted by July
31 for payment in August.
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37.40 Employees shall participate in the direct deposit program and will designate the
participating financial institution to which their pay shall be transmitted. Under
extenuating circumstances, as determined by the Human Resources Director,
employees may be issued a monthly pay warrant rather than being on direct
deposit.
38.00 USE OF VEHICLES
38.10 Employees who are authorized by their building supervisor to use his/her personal
vehicle on District business shall be compensated according to District procedures
at the IRS-approved mileage rate.
38.20 Employees will not be requested nor required to use their personal vehicles to
transport students.
39.00 WORKERS’ COMPENSATION
39.10 All employees under this Agreement shall be covered by Washington State
Industrial Insurance.
39.20 The cost of such insurance will be borne by the District with the exception of that
portion required by law of the employee.
40.00 UNEMPLOYMENT COMPENSATION
40.10 All employees shall be eligible to apply for unemployment benefits available
through the State of Washington Employment Security Department, provided the
employee satisfies all Department requirements.
41.00 SALARY
41.10 Employees shall be paid according to Appendices A and B of this Agreement.
New employees may be placed no higher than Step Six (6) based on training and
experience, except for, effective September 1, 2013, employees transferring same
or similar experience from another Northshore bargaining unit or another school
district may be placed at the appropriate of steps 1, 2, 3, 4, 5, 6 or 10.
41.20 Employees shall be placed on Step Ten (10) if they have completed nine (9) years
of experience, so long as the employee is employed the appropriate number of
days per year to advance to the next step, or after fewer years, dependent on the
employee’s initial step placement when hired. For example, an employee that
was placed at Step One (1) when entering employment in the bargaining unit will
be placed at Step Ten (10) upon completion of nine (9) years of service in the
bargaining unit. For example, an employee who was placed on Step Two (2) as
an initial step when entering employment in the bargaining unit must complete an
additional seven (7) years in the bargaining unit to be placed at Step Ten (10).
For example, an employee who was placed on Step Three (3) as an initial step
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when entering employment in the bargaining unit must complete an additional six
(6) years in the bargaining unit to be placed at Step Ten (10). For example, after
completion of four (4) years at Step Six (6), an employee shall advance to Step
Ten (10) at the start of the following school year. In no event shall it take more
than nine (9) completed years of continuous service in the bargaining unit
(provided the employee is employed the appropriate number of days per year to
advance to the next step) to be placed at Step Ten (10) at the start of the following
year.
41.21 The District shall increase the PSP stipends by the same percentage as the state
authorized salary increase for K-12 classified employees plus 4.7% for the 2016-
17 school year; by the same percentage as the state authorized salary increase for
K-12 classified employees plus 6.6% for the 2017-18 school year; and by the
same percentage as the state authorized salary increase for K-12 classified
employees plus 4% for the 2018-19 school year.
41.30 Employees shall be eligible for placement on Step 15 of Appendices A-2, A-3, A-
4 and A-5 at the start of the work year in which they will complete fourteen (14)
years of service in the bargaining unit by the end of the calendar year (December
31).
41.40 Employees shall be employed for ninety (90) workdays including substitute and
regular assignment during the school year to qualify for a step advancement on
the salary schedule for the following school year.
41.50 Employees substituting in positions in the bargaining unit will be paid at their
current rate of pay per hour for each hour worked as a substitute in such position.
An employee who is laid-off or a school year only employee who is not retained,
and is subsequently re-employed as a substitute for the following school year,
shall be paid at step 1 of the pay level of the work he or she is performing as a
substitute.
41.51 The substitute rate of pay for level 1 and level 2 substitutes shall be the Step 1 pay
level. The substitute rate of pay for level 3 substitutes shall be Step 3.
41.52 An employee with ten or more years of experience in the bargaining unit who
resigns and is rehired as a substitute within three (3) years of separation, shall be
paid at step 5 of the pay level of the work he or she performs. Employees who
wish to receive this compensation shall complete the District form identifying
them as eligible in advance.
41.53 An employee with ten or more years of experience in the bargaining unit who
retires and is rehired as a substitute within three (3) years of separation, shall be
paid at their former step.
41.60 In the event the Legislature authorizes and funds specific salary/wage increases
for employees above the agreed upon salary schedules, the parties agree to reopen
the Collective Bargaining Agreement for the limited purpose of negotiating the
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impact of the additional funded salary/wage increase. The wage rates on
Appendix A-2 reflect an increase of 4% plus a 3% pass through raise identified by
the legislature for the 2015-16 school year. The wage rages on Appendix A-3
reflect an increase of 4.7% plus a 1.8% pass through raise identified by the
legislature for the 2016-17 school year. For the 2017-18 school year, the wage
rates on Appendix A-4 shall be increased by the classified employee salary/wage
increase identified by the legislature in the state appropriations act plus 6.6%. For
the 2018-19 school year, the wage rates on Appendix A-5 shall be increased by
the classified employee salary/wage increase identified by the legislature in the
state appropriations act plus 4%. If the state changes the manner in which it
allocates or provides classified employee compensation increase, the District and
Association shall meet to agree upon the manner of determining the appropriate
percentage increase to wages.
42.00 ATTENDANCE INCENTIVE PROGRAM
42.10 Employees shall receive compensation for eligible accumulated illness, injury,
emergency leave, as well as unused personal leave, as an employee incentive
program in accordance with the conditions contained in Appendix E set forth in
this Agreement.
43.00 LEAVE SHARING PROGRAM
43.10 A leave sharing program is established on a voluntary basis which permits
employees to donate annual sick leave (illness, injury, or emergency) to a fellow
employee under the provisions contained in Appendix F set forth in this
Agreement.
44.00 GROUP INSURANCE PROGRAMS
44.10 The District agrees to make available to eligible employees (employed more than
4 hours per day or more than 20 hours per week), the following insurance
programs and provide an insurance benefit amount equivalent to the amount
provided by the State for K – 12 classified employees, per month per eligible
employee. Such amount shall be updated each December for a twelve-month
period beginning January 1 and ending December 31. Additionally, the District
shall fund the amount required by the Health Care Authority for the school
employee retiree subsidy fund. All eligible employees are required to participate
in the dental, vision/hearing, life, and long-term disability insurance plans.
Medical plan participation is optional. Insurance coverage for eligible employees
is provided within the terms of District Insurance contracts.
44.20 Dental Insurance - The District shall pay for eligible employees the full premium
necessary to fund district administered dental insurance plans covering the
employee, spouse, and dependents. The general provisions of the plan coverage,
including exclusions, limitations, and procedures will be included in a District
publication developed by the Health Benefits Committee which will be available
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on the District website; copies will be available upon request. The District shall
make contributions toward dental insurance premiums for eligible employees for
the following programs:
A) Northshore Dental Plan – administered by Zenith American Solutions
B) Willamette Dental Plan – administered by Willamette Dental of
Washington
44.30 Vision/Hearing Insurance - The District shall pay for eligible employees the full
premium to fund a district administered vision/hearing insurance plan covering
the employee, spouse, and dependents. The general provisions of this plan will be
included in a District publication developed by the Health Benefits Committee
which will be available on the District website; copies will be available upon
request.
44.40 Life Insurance - The District shall pay for eligible employees the full premium
for the employee's basic term life insurance including an accidental death and
dismemberment policy in an amount equal to the employee's contracted base
annual salary.
Employees shall have the option to double or triple the amount of basic life
insurance coverage by the employees' base annual salary, provided each employee
taking this option authorizes a payroll deduction to pay the additional premium.
44.50 Long Term Disability - The District agrees to pay for eligible employees, the full
premium for employee's long-term disability coverage.
44.60 Salary Insurance - The District agrees to make available at employee expense
the American Fidelity Assurance Company salary insurance program.
44.60.1 Cancer Insurance – The District agrees to make available at employee expense
the American Fidelity Assurance Company cancer insurance program.
44.70 Medical Insurance - After paying the premiums for dental insurance,
vision/hearing insurance, long-term disability, and basic life insurance as
provided above, the District shall make contributions toward medical insurance
premiums for eligible employees for the following programs:
A) Northshore Regence Blue Shield – Choice Plan
B) Northshore Regence Blue Shield – Standard Plan
C) Northshore Regence Blue Shield – Value Plan
D) Northshore Regence Blue Shield – High Deductible Health Plan
E) Group Health Cooperative of Puget Sound
44.70.1 Each eligible employee may utilize the remaining balance of the insurance benefit
amount (after payment of dental, vision/hearing, life, and long term disability
insurance premiums) by enrolling in one of the medical insurance programs.
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44.70.2 Pooling - Medical insurance premiums shall be based upon a single rate structure
with proportional pooling and cost limiting procedures being applied to all
eligible District employees as follows:
A) The District shall calculate the premium for each eligible employee from a
single-rate premium schedule provided by the insurance carriers based on
the family category selected by the employee.
B) In the event the eligible employee's total insurance cost including the
selected medical coverage exceeds the insurance benefit amount per
month, a monthly payroll deduction shall be made in the amount of the
excess.
C) For employees who have a total insurance cost of less than the insurance
benefit amount per month, the balance shall go into a district-wide pool of
funds to be disbursed to reduce payroll deductions for those employees
whose cost exceeds the insurance benefit amount per month. Additionally,
for these employees the state mandated “out-of-pocket” monthly
deductions will also be deposited to this pool.
D) The pool amount shall be used to reduce payroll deductions for medical
insurance. Each employee's deduction shall be reduced by the same
percentage. The percentage shall be determined by comparing the pool
dollars available to the total premiums in excess of the insurance benefit
amount. The estimated employee deduction and pool share shall be
adjusted annually to distribute the pool equitably.
44.80 Other Insurance Programs - The District shall participate in other insurance
programs as required by law, e.g., Workers' compensation and Unemployment
Compensation.
44.90 Credit Union Deductions - At the option of an employee, the District shall
deduct from his/her monthly salary, and deposit directly with the Inspirus Credit
Union or Mountain Crest Credit Union an amount designated by the employee.
After determination of the initial amount to be deducted and deposited, the
employee shall be limited to one request to change the designated amount during
the fiscal year.
44.100 Retirement Program - Any employee employed prior to October 1, 1977,
working at least seventy (70) hours per month shall by law be a member of the
Washington Public Employees Retirement system (PERS) Plan One. Any
employee working at least seventy (70) hours per month, entering employment on
or after October 1, 1977, shall by law be a member of the School Employees
Retirement System, Plan Two or Three. The District shall provide information to
each new employee concerning PERS or SERS membership benefits.
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44.110 District Health Benefits Committee - The District shall provide opportunities
for employee groups to communicate on insurance matters with representation on
the District Health Benefits Committee.
44.120 Annual Insurance Coverage - The District shall make appropriate payment of
all premiums for each eligible employee to assure coverage for the full twelve
(12) month period commencing October 1 and ending September 30, although the
premium and benefit amount shall be adjusted each December for a January 1
through December 31 annual period.
44.130 New Employee Insurance Program - New employees to the District are eligible
for insurance programs on the first day of the month following the date of
employment if work is begun prior to the 15th and enrollment is accomplished on
or before the 15th. Employees who begin work after the 15
th
of the month will be
eligible for coverage for the second calendar month after their first day of work.
Eligibility for medical insurance requires enrollment within thirty (30) days of
employment.
44.140 Terminating Employee Coverage - If an employee terminates his/her
employment prior to the end of the school year, insurance shall continue to the
end of the following month in which termination occurred. If an employee
terminates May 1 or after, eligibility may be continued until September 30 and the
District will prorate remaining contract payments through the August pay period.
44.150 Tax Deferred Annuities - The Board of Directors for the District shall provide
and pay for such tax deferred annuities pursuant to RCW 28A.400.250 as the
union shall request and the Board of Directors shall authorize. Payment for said
annuities shall be at the option of the employee and deducted from the monthly
salary as authorized by the individual employee.
44.160 Alternate Pre- Tax Deduction -Section 125 -Internal Revenue Service, Code
Section 125 - In addition to the standard process, the District shall provide for
processing payroll deductions for medical premiums as allowed within the
Internal Revenue Service, Code 125 on a pre-tax basis when elected by individual
employees. The District shall establish a Section 125 plan providing for pre-tax
payroll deductions for payment of dependent care expenses and non-reimbursed
medical expenses as allowed under IRS Section 125 expenses. Deductions
accrued in excess of expenses withdrawn are forfeited to the District at the end of
the plan. The District shall pay related administrative costs and establish
administrative procedures. District savings resulting from employee participation
in Section 125 plans for healthcare reimbursements and dependent care expenses
will be passed directly back into the health benefits program.
44.170 Health Reimbursement Plan (VEBA) - The District and Association will,
subject to a vote of the employees, participate annually in the Voluntary
Employee Benefit Account (VEBA) for eligible employees.
44.180 Deferred Compensation Plan - In accordance with the provisions of RCW
41.50.030 (2), 41.50.088 (2), 41.50.770, and 41.50.780, and as provided in
2015-2019 NSEA/ESP/NSD Agreement
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Section 457 of the Internal Revenue Service Code, the Board of Directors has
established through the State of Washington, a Deferred Compensation Plan
(DCP). The DCP is a supplemental retirement plan that offers District employees
control and flexibility over their individual investments while reducing taxable
income. The plan provides an option to the employee to invest income from their
monthly salary on a pre-tax basis in an amount authorized by the individual
employee. The Department of Retirement Systems administers the plan.
44.190 Health Savings Account (HSA) – The District shall establish a Health Savings
Account plan providing for pre-tax payroll deductions by the employee which
conforms to the Internal Revenue Service Code for employees who qualify for,
and are enrolled in, a Qualified High Deductible Health Plan (HDHP). All
contributions are owned by the employee and can be rolled over and accumulated
year to year.
45.00 DUES DEDUCTION, ASSOCIATION MEMBERSHIP, AND
REPRESENTATION FEES
45.10 Within five (5) days of execution of this Agreement or by September 10,
whichever date comes later, the Association shall give written notice to the
District of the amount of dues required for Association membership and/or
representation fees.
45.20 It shall be a condition of employment that all employees covered by this
Agreement shall, on the thirtieth (30
th
) day following the beginning of such
employment, become and remain members in good standing in the Association.
At the time of hire, the District will inform the employees of the terms and
conditions of this Article.
45.30 The right of non-association of employees based on bona fide religious teachings
of a church or religious body of which the employee is a member shall be
recognized. Each such employee shall pay an amount of money equivalent to
regular dues and fees to a non-religious charity or to another charitable
organization as mutually agreed upon by the employee affected and the
Association. The employee shall furnish the Association written proof that such
payment has been made. If the employee and the Association do not reach
agreement on the charitable organization, the matter shall be submitted to the
Public Employment Relations Commission, which body shall designate the
charitable organization; the Association shall then notify the District of the
designation.
45.40 Association membership dues or representation fees shall be deducted from each
employee's pay beginning with the pay period for October and transmitted to the
Association as provided by Section 45.70 below, unless 45.30 applies.
45.50 Dues and representation fees deductions for employees who commence
contracted service after the beginning of the school year or who terminate before
2015-2019 NSEA/ESP/NSD Agreement
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June shall be prorated at one-tenth (1/10) of the total annual Association dues and
representation fees for each month served.
45.60 The District shall transmit the dues and representation fees to the treasurer of the
Association each pay period in a timely manner.
45.70 An assignment of wages authorizing payroll deduction of Association dues and
representation fees shall continue in effect from year to year unless the employee
submits a written revocation to the District and the Association between August
15 and September 30 in the school year for which the revocation is to take effect.
45.80 The Association will notify the District of local, state, and national dues to be
deducted and the District shall transmit to the Association on a monthly basis the
membership dues and representation fees from employees which have been
deducted in accordance with this Agreement. Dues deductions shall include
voluntary contributions to the State and National Political Action Committees as
recognized by the WEA and NEA.
46.00 GRIEVANCE ADJUSTMENT
46.10 Grievance Procedure
46.11 A claim by an employee that there has been an alleged violation,
misinterpretation, or misapplication of any provision of this Agreement or any
rule, order, policy, or regulation of the District as it directly affects an employee’s
wages, hours or working conditions may be processed as a grievance. Grievances
concerning the rights of the Association may be filed by the Association President
or Co-President.
46.12 In the event that an employee believes there is a basis for a grievance, the
employee shall first discuss the alleged grievance in a meeting with his/her
building principal or other appropriate responsible supervisor either personally or
accompanied by his/her Association Representative. Such discussion must be
initiated within twenty (20) workdays of the occurrence, or knowledge of the
occurrence, whichever is later. If the grievance is not thus resolved, formal
grievance procedures may be instituted.
46.13 Step One
Within fifteen (15) workdays of the meeting with the appropriate supervisor, the
grievance will be reduced to writing, signed by the employee and presented to the
appropriate responsible supervisor. Grievances concerning matters determined
not by a supervisor, but by the Human Resources Department or by multiple
supervisors, may be submitted directly to the Director of Human Resources. The
written statement should include 1) the nature of the grievance, 2) the section(s),
rule, order, policy or regulation allegedly violated, and 3) the recommended
remedy sought by the grievant. The grievance form (Appendix D) shall be used
as a guideline for filing the grievance with all sections completed.
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46.13.1 Within fifteen (15) workdays after the submission of a grievance, the parties shall
meet to discuss the matter, unless such a meeting has been mutually waived.
46.14 Within ten (10) workdays of the meeting described in Section 46.13.1 the
responsible supervisor or the Director of Human Resources shall communicate a
written response to the aggrieved. A copy of the response shall be forwarded to
the Association President and UniServ Representative.
46.15 Step Two
If the grievant is not satisfied with the remedy at Step One, the grievant may
submit the grievance to the Superintendent or designee. Said submittal shall be
within ten (10) working days of delivery of the Step One response, or within ten
(10) working days after the deadline for the Step One response, if no response is
received. A copy of the grievance shall be sent to the Association President and
UniServ Representative.
46.16 Within ten (10) working days of receipt of the grievance, the Superintendent or
his/her designee shall meet with the grievant and a representative of the
Association regarding the grievance. The Superintendent or his/her designee shall
indicate his/her disposition of the grievance in writing within ten (10) working
days of such meeting, and shall furnish a copy to the Association representative
involved.
46.17 Step Three
If the grievant is not satisfied with the disposition of the grievance by the
Superintendent or his/her designee, the grievant may submit the grievance to the
Association for arbitration. The grievance, only at the option of the Association,
may be submitted before an impartial arbitrator. The Association shall exercise
its right of arbitration by giving the Superintendent written notice within twenty
(20) working days of receipt of the Step Two response, or twenty working days of
the deadline of the Step Two response from the Superintendent or designee if no
Step Two response is received, unless mutually extended by both parties.
46.18 If the Association and the District cannot agree on an arbitrator within twenty (20)
calendar days from the notification date that arbitration will be pursued, the
matter will be forward to the Federal Mediation and Conciliation Service for
process in accordance with their rules, provided all members of the panel are
members of the National Academy of Arbitrators and have their principal office
in Washington or Oregon. During arbitration, neither party may present any
documentary evidence not previously disclosed to the other party.
46.19 The arbitrator shall determine the decision or award, which shall be published in
writing not later than thirty (30) calendar days from the date of the hearing or, if
oral arguments have been waived by both parties, then from the date the final
statement and proof are submitted to the arbitrator. The decision or award shall
set forth the arbitrator’s findings of fact, reason, and conclusions on the issues
submitted and shall be final and binding on both parties.
2015-2019 NSEA/ESP/NSD Agreement
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46.20 Arbitration Cost
Each party shall bear its own costs of arbitration except that the fees and charge of
the arbitrator shall be shared equally by the parties.
46.30 Jurisdiction of the Arbitrator
46.31 The arbitrator shall have no power to alter, add to, or subtract from the terms of
this Agreement. The arbitrator shall decide all substantive and procedural
arbitrability issues. Upon request of either party, the merits of a grievance and the
substantive and procedural arbitrability issues arising in connection with that
grievance shall be consolidated for hearing before an arbitrator, provided, the
arbitrator shall not resolve the question of arbitrability of a grievance prior to
having heard the merits of the grievance.
46.32 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.
46.40 Time Limits
46.41 The time limits provided in this Article shall be strictly observed unless extended
by written agreement of the parties. In the event a grievance is filed after May 15
of any year, the District shall use its best efforts to process such grievance prior to
the end of the school term or as soon thereafter as possible. Failure of the District
or its representative to take the required action within the times provided shall
entitle the Association, or the grievant to proceed to the next step of the grievance
procedure.
46.50 Grievance and Arbitration Hearings
46.51 All hearings or conferences pursuant to this grievance procedure shall be
scheduled at a time and place which will afford a reasonable opportunity for all
parties entitled to attend to be present, including all witnesses. A grievance
hearing may be heard during the daily workday and no employee involved in the
grievance hearing as a witness or grievant shall suffer loss of salary or other
benefits.
46.60 Continuity of Grievance
46.61 Notwithstanding the expiration of this Agreement, any claim or grievance rising
herein may be processed through the grievance until resolution.
2015-2019 NSEA/ESP/NSD Agreement
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47.00 DURATION OF AGREEMENT
47.10 This Collective Bargaining Agreement shall become effective September 1, 2015
and continue in effect until August 31, 2019. During the term of this agreement
incremental increases from the District and salary and insurance benefit increases
authorized and funded by the state will be reflected as percentage increases to the
salary schedule and/or increased employer contributions for insurance premiums
as so authorized.
47.20 This Agreement or any provision herein may be extended by mutual written
agreement of the parties; otherwise it shall expire on the date indicated.
47.30 This Agreement will be reopened for the 2016-17, 2017-18 and 2018-19 school
years for the specific purpose of incorporating the recommendations of the
District Health Benefit Committee.
47.40 Except as otherwise provided in this Agreement, bargaining on the subjects
contained in this Collective Bargaining Agreement shall begin no later than thirty
(30) days prior to the expiration date of this Collective Bargaining Agreement, or
any extension thereof, nor earlier than May 1, except by mutual written agreement
of the parties.
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
NORTHSHORE SCHOOL DISTRICT #417
AND
NORTHSHORE EDUCATION ASSOCIATION
REPRESENTING
EDUCATIONAL SUPPORT PROFESSIONALS ASSOCIATION (ESP)
2015-2019
SIGNATURE PAGE
FOR THE ASSOCIATION FOR THE DISTRICT
Timothy Brittell, President - NSEA Michelle Reid, Ed.D., Superintendent
Kraig Peck, Chief Bargainer Carolyn O’Keeffe, Deputy Superintendent
Date: Date:
Association (NSEA) Team Members: District Team Members:
Joanne Allen Becky Anderson
Gail Bauman Andrea Bradford (Attorney)
Jennifer Cassarino Kim Durkin
Nancy Celms Doug Hale
Anne Davidson Susan Martin
Kelly Griffin Doreen Milburn
Judy Harkess Heather Miller
Patrick Holmes Carolyn O’Keeffe
Valerie Morris-Lent Buzz Porter (Attorney)
Kraig Peck Josh Sanchez
Kim Rodriguez Lydia Sellie
Donna Smith Jeff Sherwood
Karyn Sullivan Bob Stewart
Janet Tamura David Wellington
Jon VandeMoortel Sarah White
Celia Wilson
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APPENDIX A-1 POSITION PLACEMENT INFORMATION
NORTHSHORE SCHOOL DISTRICT NO. 417
Position Placement Information
for the
2015-16, 2016-17, 2017-18 and 2018-19 Salary Schedules
LEVEL I
Paraeducator
Paraeducator – Dual Language Program
Paraeducator – English Language Learner Program
Paraeducator – Learning Assistance Program/Title I
Paraeducator – Preschool Program
Paraeducator – Special Education
School Assistant
School Technology Specialist
LEVEL II
Campus Supervisor
Health Occupations Assistant
Instructor – Preschool Program
Interpreter
Occupational and Physical Therapist Assistant
Swimming/Water Safety Specialist
Ready Start Teacher
Transcriber
LEVEL III
Community Schools Project Coordinator (Seattle Foundation Grant)
Community Service Specialist
Dean of Students
Family Service Worker
Mental Health Specialist
Natural Leaders Specialist
Registered Nurse
School Services Specialist
Truancy Specialist
Inactive job titles as of May 2010:
Child Care Specialist
Paraeducator – Elementary Advanced Placement
Inactive job titles as of June 2012:
Paraeducator – Head Start
Head Start Teacher
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APPENDIX A-2 2015-2016 SALARY SCHEDULE
EDUCATIONAL SUPPORT PERSONNEL (ESP)
NORTHSHORE SCHOOL DISTRICT NO.
417
SCHEDULE 36
Effective September 01, 2015
Step
01
02
03
04
05
06
10
15
LEVEL I
16.59
17.09
17.59
18.08
18.58
19.61
20.16
20.51
LEVEL II
22.05
22.71
23.37
24.03
24.70
25.72
26.30
26.95
LEVEL III
28.15
28.99
29.84
30.68
31.53
32.84
33.62
34.44
Substitute Rate of Pay: Step 1 of Levels 1 and 2, Step 3 of Level 3
See Article 41.20 for placement on Step Ten (10)
Employees shall be eligible for placement on Step 15 of Appendix A-2 at the start of the work year in which
they will complete fourteen (14) years of service in the bargaining unit by the end of the calendar year
(December 31).
An annual stipend shall be given beyond the normal salary to any employee holding a basic Standards
Certificate (NAEOP) - $623; Associate Professional (NAEOP) - $731; Advanced I (NAEOP) - $809;
Advanced II (NAEOP) - $896; Advanced III (NAEOP) - $993; Professional Bachelor’s Degree (NAEOP) -
$1100; Professional Master's Degree (NAEOP) - $1145.
Employees employed for less than 3.5 hours shall be eligible for one half of the PSP stipend.
An annual stipend shall be given beyond the normal salary to any eligible level II or Level III employee
holding a BA or BS degree appropriate to the requirements of the job - $1052; ESA appropriate to the job -
an additional $1052; Master’s Degree appropriate to the requirements of the job - an additional $1052.
The employee may choose between a PSP stipend and one or more of the stipends identified above.
Employees
are not eligible for both types of stipends - see Article 25.82 in the Collective Bargaining
Agreement.
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APPENDIX A-3 2016-2017 SALARY SCHEDULE
EDUCATIONAL SUPPORT PERSONNEL (ESP)
NORTHSHORE SCHOOL DISTRICT NO.
417
SCHEDULE 36
Effective September 01, 2016
Step
01
02
03
04
05
06
10
15
LEVEL I
17.67
18.20
18.73
19.26
19.79
20.88
21.47
21.84
LEVEL II
23.48
24.18
24.89
25.59
26.30
27.39
28.01
28.70
LEVEL III
29.98
30.88
31.78
32.68
33.58
34.97
35.81
36.68
Substitute Rate of Pay: Step 1 of Levels 1 and 2, Step 3 of Level 3
See Article 41.20 for placement on Step Ten (10)
Employees shall be eligible for placement on Step 15 of Appendix A-2 at the start of the work year in
which they will complete fourteen (14) years of service in the bargaining unit by the end of the calendar
year (December 31).
An annual stipend shall be given beyond the normal salary to any employee holding a basic Standards
Certificate (NAEOP) - $663; Associate Professional (NAEOP) - $779; Advanced I (NAEOP) - $862;
Advanced II (NAEOP) - $954; Advanced III (NAEOP) - $1058; Professional Bachelor’s Degree
(NAEOP) - $1172; Professional Master's Degree (NAEOP) - $1219.
Employees employed for less than 3.5 hours shall be eligible for one half of the PSP stipend.
An annual stipend shall be given beyond the normal salary to any eligible level II or Level III employee
holding a BA or BS degree appropriate to the requirements of the job - $1120; ESA appropriate to the
job - an additional $1120; Master’s Degree appropriate to the requirements of the job - an additional
$1120.
The employee may choose between a PSP stipend and one or more of the stipends identified above.
Employees
are not eligible for both types of stipends - see Article 25.82 in the Collective Bargaining
Agreement.
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APPENDIX A-4 2017-2018 INITIAL SALARY SCHEDULE
EDUCATIONAL SUPPORT PERSONNEL (ESP)
NORTHSHORE SCHOOL DISTRICT NO.
417
SCHEDULE 36
Effective September 01, 2017
Step
01
02
03
04
05
06
10
15
LEVEL I
18.84
19.41
19.97
20.54
21.10
22.26
22.89
23.28
LEVEL II
25.03
25.78
26.53
27.28
28.03
29.20
29.86
30.59
LEVEL III
31.96
32.92
33.88
34.84
35.80
37.28
38.17
39.10
Substitute Rate of Pay: Step 1 of Levels 1 and 2, Step 3 of Level 3
See Article 41.20 for placement on Step Ten (10)
Employees shall be eligible for placement on Step 15 of Appendix A-2 at the start of the work year in
which they will complete fourteen (14) years of service in the bargaining unit by the end of the calendar
year (December 31).
An annual stipend shall be given beyond the normal salary to any employee holding a basic Standards
Certificate (NAEOP) - $707; Associate Professional (NAEOP) - $830; Advanced I (NAEOP) - $919;
Advanced II (NAEOP) - $1017; Advanced III (NAEOP) - $1128; Professional Bachelor’s Degree
(NAEOP) - $1249; Professional Master's Degree (NAEOP) - $1299.
Employees employed for less than 3.5 hours shall be eligible for one half of the PSP stipend.
An annual stipend shall be given beyond the normal salary to any eligible level II or Level III employee
holding a BA or BS degree appropriate to the requirements of the job - $1194; ESA appropriate to the
job - an additional $1194; Master’s Degree appropriate to the requirements of the job - an additional
$1194.
The employee may choose between a PSP stipend and one or more of the stipends identified above.
Employees
are not eligible for both types of stipends - see Article 25.82 in the Collective Bargaining
Agreement.
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APPENDIX A-5 2018-2019 INITIAL SALARY SCHEDULE
EDUCATIONAL SUPPORT PERSONNEL (ESP)
NORTHSHORE SCHOOL DISTRICT NO.
417
SCHEDULE 36
Effective September 01, 2018
Step
01
02
03
04
05
06
10
15
LEVEL I
19.59
20.18
20.77
21.35
21.94
23.15
23.81
24.21
LEVEL II
26.03
26.81
27.59
28.37
29.15
30.37
31.05
31.81
LEVEL III
33.24
34.24
35.23
36.23
37.23
38.77
39.70
40.66
Substitute Rate of Pay: Step 1 of Levels 1 and 2, Step 3 of Level 3
See Article 41.20 for placement on Step Ten (10)
Employees shall be eligible for placement on Step 15 of Appendix A-2 at the start of the work year in
which they will complete fourteen (14) years of service in the bargaining unit by the end of the calendar
year (December 31).
An annual stipend shall be given beyond the normal salary to any employee holding a basic Standards
Certificate (NAEOP) - $735; Associate Professional (NAEOP) - $863; Advanced I (NAEOP) - $956;
Advanced II (NAEOP) - $1058; Advanced III (NAEOP) - $1173; Professional Bachelor’s Degree
(NAEOP) - $1299; Professional Master's Degree (NAEOP) - $1351.
Employees employed for less than 3.5 hours shall be eligible for one half of the PSP stipend.
An annual stipend shall be given beyond the normal salary to any eligible level II or Level III employee
holding a BA or BS degree appropriate to the requirements of the job - $1242; ESA appropriate to the
job - an additional $1242; Master’s Degree appropriate to the requirements of the job - an additional
$1242.
The employee may choose between a PSP stipend and one or more of the stipends identified above.
Employees
are not eligible for both types of stipends - see Article 25.82 in the Collective Bargaining
Agreement.
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APPENDIX B JOB CLASSIFICATION AND WORK YEAR PROVISION SUMMARY
NORTHSHORE SCHOOL DISTRICT NO. 417
Job Classification and Work Year Provision Summary
Job Title/Classification
Salary Schedule
Designation
# of Work
Days
# of Paid
Holidays
Paraeducators
Paraeducator
Dual Language Program
English Language Learner Program (ELL)
Learning Assistance Program(LAP/Title I)
Preschool Program
Special Education
Level I
180
11
School Assistant
Level I
180
11
School Technology Specialist
Level I
180
11
Campus Supervisor
Level II
180
11
Health Occupations Assistant
Level II
180
11
Instructor – Preschool Program
Level II
180
11
Interpreter
Level II
180
11
Occupational and Physical Therapist
Assistant
Level II
180
11
Swimming/Water Safety Specialist
Level II
180
11
Ready Start Teacher
Level II
180*
11
Transcriber
Level II
180
11
Community Schools Project Coordinator
Level III
199*
11
Community Service Specialist
Level III
205
11
Dean of Students
Level III
205
11
Family Service Worker
Level III
182*
11
Mental Health Specialist
Level III
199
11
Natural Leaders Specialist
Level III
191
11
Registered Nurse
Level III
185
11
School Service Specialist
Level III
180
11
Truancy Specialist
Level III
194
11
*Days will vary from year to year depending on funding (e.g., grant funding, building funding, etc.)
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APPENDIX C EVALUATION PROCEDURES
NORTHSHORE SCHOOL DISTRICT
Educational Support Professionals Evaluation Summary
Educational Employee: Date of Conference:
Assignment: School:
Evaluation Type: Annual Probationary Other
Evaluation Period
From: To:
Meets or Exceeds Satisfactory Level of Performance for the Following
Criteria:
Meets or
exceeds
expectations
Unsatisfactory
1. Knowledge of work in specialized field ----------------------------------------
2. Meets assigned job responsibilities with accuracy and thoroughness-----
3. Adapts to new and changing conditions ----------------------------------------
4. Recognizes needs and makes appropriate decisions -------------------------
5. Maintains good working relationships with staff -----------------------------
6. Involvement in assisting pupils, parents and education personnel --------
7. Plans and organizes work efficiently -------------------------------------------
8. Communicates effectively --------------------------------------------------------
9. Uses leave appropriately ----------------------------------------------------------
10. Adheres to assigned working hours ---------------------------------------------
Evaluator's Summary Statement:
Employee Comments or Reaction to the Evaluation:
Employee's Signature: Evaluating Administrator's Signature:
Conference Date:
(Signatures merely indicate that the employee has read and discussed this report with the observing administrator.)
Triplicate: Original to the Human Resource Office, copy to employee and evaluating administrator.
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APPENDIX D GRIEVANCE REVIEW REQUEST FORM
NORTHSHORE SCHOOL DISTRICT NO. 417
Educational Support Professionals
This form is to be used in initiating a formal grievance review pursuant to procedures adopted for the
processing of grievances under Grievance Procedures of this Agreement.
In formally presenting a grievance at Step One or Step Two, a Grievance Review Request Form addressed to
the appropriate administrator will be submitted. This form, completed through Step Two, shall accompany
the request for arbitration at Step Three.
TO: TITLE:
GRIEVANT'S NAME:
SCHOOL/ASSIGNMENT:
SCHOOL PHONE: HOME PHONE
STEP ONE: DATE OF CONFERENCE
Immediate Supervisor
STEP TWO: DATE OF CONFERENCE
Administrator
THE NATURE OF MY GRIEVANCE IS:
THE ADJUSTMENT I AM RECOMMENDING IS:
Signature of Grievant
Date
c: Superintendent
NSEA President
WEA Representative
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APPENDIX E UNUSED LEAVE COMPENSATION
SECTION I - Employee Attendance Incentive Program
Procedures - Attendance
1. Accumulation of Illness, Injury and Emergency
A) Annual leave for illness, injury and emergency shall accumulate from year to year up
to one hundred eighty (180) days;
B) For purposes of payment for unused illness or injury leave, no more than one day of
leave can accumulate each calendar month or up to twelve (12) days per calendar
year;
C) Any leave for injury or illness accumulated up to a maximum of forty-five days shall
be creditable as service rendered for the purpose of determining the time at which an
employee is eligible to retire, but if such leave is used for this purpose it cannot be
compensated upon retirement or death.
2. Annual Conversion of Accumulated Illness and Injury Leave
A) Each January eligible employees may elect to receive remuneration for unused illness
and injury leave accumulated in the previous calendar year;
B) For the purposes of conversion, the term day shall be based on the average number of
daily hours in a work week at the time of conversion;
C) An eligible employee is a current employee:
(1) Who has accumulated greater than sixty (60) days of illness or injury leave in a
manner consistent with applicable law, policies and collective bargaining
agreements as of the end of the previous calendar year;
(2) Who has accumulated illness or injury leave at a rate no greater than one (1) day
per month as of the end of the previous calendar year; and
(3) Who provides written notice to the Human Resource Office by the last workday
in January of his or her intent to convert his or her excess illness or injury leave to
monetary compensation.
D) The number of illness, injury or emergency leave days in excess of sixty (60) days
that were accumulated by the employee during the previous calendar year at a
maximum of twelve (12) days per year; and
(1) Taking the number of illness, injury, or emergency leave days in excess of sixty
(60) days that were accumulated by the employee during the previous calendar
year at a maximum of twelve (12) days per year; and
2015-2019 NSEA/ESP/NSD Agreement
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(2) Subtracting there from the number of illness or injury days used by the employee
during the previous calendar year;
(3) The remainder, if positive, shall constitute the number of illness or injury leave
days which may be converted to monetary compensation.
E) Illness, injury, or emergency leave days that are eligible for conversion shall be
converted to monetary compensation at the rate of twenty-five (25) percent of an
employee's current, rate of compensation for each day of eligible illness, injury or
emergency leave;
F) The rate of compensation is exclusive of supplemental pay such as overtime pay,
standby pay, and premium pay, and exclusive of benefits such as health insurance
premiums and other forms of insurance premiums;
G) Partial days of eligible illness, injury or emergency leave shall be converted on a pro
rata basis;
H) All illness, injury, emergency leave days converted to monetary compensation
pursuant to this procedure shall be deducted from an employee's accumulated illness
or injury leave balance.
3. Conversion of Illness, or Injury Leave Upon Separation from Employment Due to
Retirement or Death
Each person who is employed by the District and who subsequently terminates employment
due to retirement or death may personally, or through his or her estate in the event of death,
elect to convert all eligible, accumulated, unused illness or injury leave days to monetary
compensation pursuant to RCW 28A.400.210.
4. Post Retirement Considerations
It is noted herein, with reference to RCW 28A.400.210 that:
A) In lieu of remuneration for unused leave for illness and injury as provided in this
section, a school district board of directors may, with equivalent funds, provide
eligible employees post retirement medical benefits;
B) Moneys or post retirement medical benefits received under this section shall not be
included for the purposes of computing a retirement allowance under any public
retirement system in this state.
SECTION II - Employee Attendance Incentive Program
Procedures - Personal Leave
1. Accumulation of Personal Leave
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A) Personal leave described in Article 33 shall accumulate from year to year up to six
days. For the purposes of this section, “days” are based on the employee’s prorated
work day.
2. Annual Conversion of Personal Leave
A) Each July employees may elect to receive monetary compensation for unused
accumulated personal leave, provided, that the employee has at least two (2) days of
accumulated leave on record as of June 30 and that the employee provides written
notice to the Payroll Office by June 30 of his or her intent to convert his or her
accumulated personal leave to monetary compensation;
B) For eligible employees electing monetary compensation, the personal leave balance
as of June 30 or a lesser amount of the balance if indicated by the employee shall be
converted to monetary compensation at the amount of twenty-five percent (25%) of
the employee’s current rate of compensation;
C) For purposes of conversion, the rate of compensation is exclusive of supplemental
pay such as overtime pay, standby pay, and premium pay, and exclusive of benefits
such as health insurance premiums and other forms of insurance premiums;
D) All personal leave converted to monetary compensation pursuant to this procedure
shall be deducted from an employee’s accumulated personal leave balance;
E) TRS Plan I members are not eligible for personal leave monetary compensation for
personal leave earned during the last years of service. If an employee retiring under
Plan I receives personal leave monetary compensation for personal leave earned
during the last years of service used to calculate retirement, the district shall deduct
the amount from the employee’s final warrant.
3. Conversion of Personal Leave Upon Death
A) The estate of the eligible deceased staff member shall receive monetary compensation
for unused personal leave at the rate of twenty-five percent (25%) of the employee’s
current basic rate of pay consistent with 2.B above.
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APPENDIX F PROVISIONS FOR LEAVE SHARING
Under the provisions of Board Policy 5406 and Administrative Procedure 5406P, and RCW
28A.400.380, and WAC 392-126-004 a Leave Sharing Program is established on a voluntary basis
which permits employees to donate annual vacation or sick leave (illness, injury or emergency) to a
fellow employee who is suffering from or has a relative or household member suffering from an
extraordinary or severe illness, injury, impairment, or physical or mental condition; a fellow
employee who is a victim of domestic violence, sexual assault, or stalking; or a fellow employee
who has been called to service in the uniformed services, which has caused or is likely to cause the
employee to take leave without pay or terminate his or her employment.
Procedures
A. Eligibility
1. The employee’s job is one in which annual vacation and/or sick leave can be used and
accrued.
2. The employee is not eligible for time-loss compensation under Chapter 51.32 RCW.
3. The employee has abided by District policies regarding the use of sick leave.
4. Annual vacation leave and/or sick leave has been exhausted, or will be exhausted by
the employee.
5. The condition has caused, or is likely to cause, the employee to go on leave without
pay or terminate District employment.
B. Donation of Annual Vacation Leave
1. The employee may donate any amount of annual vacation leave provided the
donation does not cause the employee’s annual vacation leave balance to fall below
ten (10) days.
C. Donation of Sick Leave
An employee may donate sick leave to specific individuals using the following criteria:
1. The employee must have accrued more than one hundred seventy-six (176) hours of
sick leave.
2. Employees may not donate an amount of sick leave that will result in their sick leave
account going below one hundred seventy-six (176) hours.
D. Maximum Amount
The District shall determine the amount of shared leave a leave recipient may receive and
may only authorize an employee to use up to a maximum of five hundred and twenty-two
(522) days during the work year of shared leave during total state employment. All forms of
paid leave available for use by the recipient must be used prior to using shared leave.
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E. Documentation
The District shall require the employee or a legal representative to submit, prior to approval
or disapproval, documentation from a licensed physician or other authorized health care
practitioner, verifying the severe or extraordinary nature and expected duration of the
condition.
F. Calculation
1. The dollar value of the leave donated shall be ignored and the leave shall be
calculated on an hours donated and hours received basis.
2. In the event the District determines that unused shared leave should be returned to
leave donors, the District shall develop a plan for prorated return of both annual
vacation and sick leave.
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APPENDIX G TEACHING CERTIFICATION SCHOLARSHIPS
In collaboration with the Northshore School District and the Association the NSEA Teaching
Certification Scholarship aims to recognize and encourage ESP members who are pursuing
certification in the field of education at the undergraduate level.
The scholarship fund for the 2015-16, 2016-17, 2017-18 and 2018-2019 school years is $10,000
each year. Scholarship awards will be a minimum of $2,000 per school year. Recipients may
receive one scholarship per year for a maximum of three years. All scholarship monies will be paid
via a district Travel and Expense Reimbursement Claim form and deposited directly into the
recipient’s bank account on file with the district.
1. ELIGIBILITY:
Applicant must be an ESP member for the previous three school years from the date of
application.
Applicant must have a junior credit equivalent or higher.
2. CRITERIA:
Applicant must provide verification of declared major in education.
Applicant must submit a comprehensive education plan that includes:
a. Verification of university standing and current enrollment
b. Outline of future education coursework leading to certification
Applicant must submit a completed application. The application must be received by
ESP Scholarship Committee on or before the deadline date.
3. SELECTION PROCESS:
The Scholarship Committee, based on all above eligibility and criteria being met, will determine
acceptance or rejection of each application. Applications received after the deadline date will not be
considered.
ESP membership seniority date will be the deciding factor if more than five qualified applications
are submitted.
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APPENDIX H MEMORANDA OF UNDERSTANDING
MEMORANDUM OF UNDERSTANDING
VEBA
This Memorandum of Understanding between the Northshore School District No. 417 (District)
and the Northshore Education Association (Association) is supplemental to the 2015-2019
Collective Bargaining Agreement (Agreement) between the District and the Association.
Any eligible ESP employee retiring during the term of this Agreement shall have his/her sick
leave buyout payment remitted directly to a Post-Retirement Medical Reserve Trust Program.
Such a program will provide reimbursement of medical, dental, and vision expenses to eligible
employees. For eligibility, the retiring employee must complete the appropriate enrollment form
and sign the hold harmless provision. The hold harmless provision shall protect the District and
Association from all legal actions and indemnify same should it be found that the District or the
employee is in debt to the United States government from not paying income taxes due on any
amounts or as a result of the District not withholding or deducting any tax, assessment, or other
payment on such funds as required by federal law. The District and Association make no
representations or warranties with respect to the tax consequences of the program nor to the
ability of the sponsor or insurer to fulfill its obligations under the program.
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MEMORANDUM OF UNDERSTANDING
Computer Technology Needs
This Memorandum of Understanding between the Northshore School District No. 417 (District)
and the Northshore Education Association (Association) is supplemental to the 2015-2019
Collective Bargaining Agreement (Agreement) between the District and the Association.
The District and the Association agree to the following:
A. In order for employees to carry out their duties most effectively, they must have job-
appropriate access to technology that will allow them to:
1) Have access to the Internet.
2) Use the District's e-mail program.
3) Open necessary attachments that may accompany e-mail.
4) Have access to the Districts staff directory and District newsletters.
5) Utilize productivity tools such as Microsoft Office as appropriate to their job.
B. For instructional purposes, employees should also have ready access to technology that
provides them appropriate instructional resources, as defined by the employees’ supervising
teachers and administrators.
C. Employees shall first address their computer technology needs to the building administrator
or shared decision-making leadership team for problem-solving based on the above
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standards. If the issue cannot be resolved at the building level, employees may request a joint
meeting with their principal and a District Technology Department designee with the
authority to allocate the requested resources to determine appropriate solutions based on the
particular work of the employee and the needs of the school. Such determinations shall be
made and appropriate solutions implemented in a timely manner. The determination shall be
memorialized in writing and is not subject to the grievance process.
D. Employees may request technology training from the District Technology Director in order
to obtain the skills necessary to most effectively implement technology in their work. This
training may be planned in connection with employees in other buildings.
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MEMORANDUM OF UNDERSTANDING
Job Expectations
This Memorandum of Understanding between the Northshore School District No. 417 (District)
and the Northshore Education Association (Association) is supplemental to the 2015-2019
Collective Bargaining Agreement (Agreement) between the District and the Association.
The District and Association agree to mutually develop or update job descriptions for each
general job classification listed in Appendix A-1 of the Collective Bargaining Agreement.
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MEMORANDUM OF UNDERSTANDING
Learning Center Paraeducators
This Memorandum of Understanding between the Northshore School District No. 417 (District)
and the Northshore Education Association (Association) is supplemental to the 2015-2019
Collective Bargaining Agreement (Agreement) between the District and the Association.
When an Elementary Learning Center Paraeducator is notified that their hours will be reduced
the following year from 6.5 to 4 hours as a result of enrollment decline, the building
administrator may assign school assistant hours to the employee to maintain benefit eligibility,
subject to availability and scheduling. The District shall not raise an objection to the assignment
of these hours on the basis of benefit eligibility.
If the building administrator does not make such an assignment, the employee may opt to
continue at 6.5 hours in the assignment through October, at which time if enrollment has not
sufficiently increased, their hours shall be reduced to four.
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MEMORANDUM OF UNDERSTANDING
Professional Hour Carryover
This Memorandum of Understanding between the Northshore School District No. 417 (District)
and the Northshore Education Association (Association) is supplemental to the 2015-2019
Collective Bargaining Agreement (Agreement) between the District and the Association.
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The District and the Association acknowledge that the value of professional hours unused by
employees each year was used to address the indexing of the wage schedule in Appendix A in
2008-2009, and consequently is no longer available for other purposes.
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MEMORANDUM OF UNDERSTANDING
Classified Representation on Shared-Decision Making Leadership Team (SDLT)
Classified employees represented by NSEA and NEOPA shall have the option to elect one
representative (total) on the SDLT, which shall be selected in an election jointly conducted by
the NSEA Building Representative and NEOPA Building Representative. Open nominations and
secret balloting by NSEA and NEOPA classified members shall be utilized in any such election.
An elected classified representative shall be a voting member of the SDLT, except on decisions
regarding re-distribution or modifications of NSEA Department Head stipends; building in-
service funds; and building discretionary funds. In order to effectively utilize the
representative’s time and District resources, the representative shall, in consultation with the
SDLT, determine whether his/her attendance is necessary at each SDLT meeting and any portion
thereof.
Classified representatives shall be compensated (at their regular rate of pay, or overtime rate if
applicable) for attendance at SDLT meetings. Representatives who are ESP employees may use
the ESP pool of professional hours for this purpose for meetings outside of the employees’
workday; representatives who are NEOPA employees may use building discretionary labor
budgets for meetings outside of the employees’ workday.
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MEMORANDUM OF UNDERSTANDING
Staff Development Training
At four Labor Management meetings each year, the Director of Curriculum and Instruction
and administrator representatives from Special Education and LAP/Title/ELL shall join the
parties to plan district professional development activities for ESP employees.
NSEA (or the parties, jointly) shall survey employees to determine their professional
development needs. At four Labor Management meetings each year, administrator
representatives from Special Education, Elementary Curriculum and Instruction, and
LAP/Title and ELL, and a certificated representative from NSEA, shall join the parties to
plan District professional development activities for NSEA represented ESP employees. The
first such meeting shall be in October, 2016.
The District shall identify or create specific online professional activities and shall post these
opportunities on the District’s staff development website. Employees may use these online
professional development activities on early release days and/or on non-work time using
professional hours.
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ESP Day may be offered on a non-student day. Employees who elect to participate shall be
compensated using their professional hours or pool hours, if available.
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MEMORANDUM OF UNDERSTANDING
Early Release
Employees shall not lose hours as a result of the early release schedule.
Early release time is for the purposes of collaboration, professional development, and regular
duties. Employees shall consult with the teacher and/or the principal regarding the use of the
time. The Principal and the SDLT representative shall agree on a school year schedule to
utilize at least four early release occurrences per year for a meeting of ESP employees, led by
the SDLT representative or their designee (or if no SDLT representative, by an individual
agreeable to the Principal and the ESP Building Communicator), to discuss issues relevant to
their work (e.g. operational issues, student needs, professional development needs), and to
facilitate two-way communication with the SDLT representative on decisions and other
matters arising in SDLT meetings. An agenda of the meeting will be submitted to the
building principal in advance of each meeting. With advance notice to the building principal,
a designee of the Association may participate in these meetings as a resource.
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MEMORANDUM OF UNDERSTANDING
Increase of ESP Benefit Eligible Positions
The District is committed to increasing the proportion of ESP benefit eligible positions over
time. When hours become available, the District will look for opportunities to assign hours to
current employees with four hours or less including the awarding of additional hours to current
positions. This decision is at the sole discretion of the building or program administrator, in
consultation with the Human Resources Director and must be operationally feasible and meet the
needs of students.
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MEMORANDUM OF UNDERSTANDING
Job Description for Paraeducator
The Association and District shall collaborate to develop a job description for Paraeducator.
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MEMORANDUM OF UNDERSTANDING
Additional Workdays for Secondary Nurses
Each secondary school shall have two additional work days in the 2017-18 school year for each
nurse for work related to grade level reconfiguration.
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MEMORANDUM OF UNDERSTANDING
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Conversion of Hours for Special Education Paraeducator Positions
Conversion of 4 hour special education Paraeducator positions to 6.5 hours shall be implemented
by offering the additional hours in seniority order within the school to existing 4 hour special
education Paraeducators. When 6.5 hour positions are vacant (or in the event no 4 hour
Paraeducator wishes to accept the additional 2.5 hours), the position shall be posted pursuant to
the collective bargaining agreement for the ESP bargaining unit. If a 4 hour Paraeducator
declines a 6.5 hour assignment, he or she may be displaced to another assignment. In the event a
reduction in force becomes necessary, after all alternatives have been jointly examined, it shall
occur under the terms of the collective bargaining agreement.
If a 4 hour Paraeducator declines a 6.5 hour assignment, he or she shall first be reassigned to a
vacant position at their school for which they are qualified, or they may be displaced if there is
none. The District and the Association may collaborate to examine alternatives to displacements
caused by this conversion by problem-solving at each school, and at times delaying individual
conversions to 6.5 hour staffing during the 2016-17 school year.
Where there are pairs of four hour Paraeducators, they shall be grandfathered at four hours until
such time as one of them vacates the position. At that time, the other may elect to accept
conversion to 6.5 hours, or shall be displaced at the end of the school year, with the 6.5 hour
position posted.
During the 2016-17 school year, the District shall withhold posting of four hour paraeducator
positions, to the extent necessary to offer vacancies to displaced four hour paraeducators.
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Memorandum of Understanding
By and Between
The Northshore School District No. 417
And
The Northshore Education Association
Regarding Joint Bargaining with NSEA’s Certificated and ESP Bargaining Units
This Memorandum of Understanding between the Northshore School District No. 417
(District) and the Northshore Education Association (NSEA) concerning joint
bargaining between NSEA’s Certificated and ESP Bargaining Units, is hereby
supplemental to the 2013-2016 Collective Bargaining Agreement between the District
and NSEA and its successor, and the 2013-2015 Collective Bargaining Agreement
between the Northshore Educational Support Professionals Association (NESPA) and
its successor.
1. The Northshore Educational Support Professionals (NESPA/WEA) has merged with the
Northshore Education Association (NSEA/WEA, hereafter referred to as “NSEA”). The
Northshore School District (“District”) recognizes NSEA as the collective bargaining
agent for the District’s Educational Support Professionals and as the successor of
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NESPA/WEA. NSEA also continues to be the collective bargaining agent for
Northshore’s non-supervisory certificated staff.
2. The parties agree that there shall be two collective bargaining agreements between NSEA
and the District: one agreement for the bargaining unit representing non-supervisory
certificated staff, and one agreement for the bargaining unit representing ESP staff. In
order to most efficiently achieve the mutual interests of the parties, these agreements
shall be bargained jointly, with simultaneous expiration dates.
3. The parties agree that joint bargaining includes the following elements:
The District and NSEA shall each have a single bargaining team with the
authority to bargain both agreements.
The parties may agree at times to utilize bargaining subcommittees to maximize
efficiency.
Proposals may include elements germane to either or both bargaining units.
4. The parties recognize that cooperation and collaboration between District and
Association leadership are in the best interest of our students, staff and community. The
parties agree to earnestly explore interest based joint bargaining with intensive training (a
minimum of three days) on or before March 1, 2017 with the cost of training shared
equally. Training will involve both NSEA and District bargaining teams, District
Superintendent and Association President. After the training the parties agree to meet to
discuss the mechanics of future joint negotiations including such matters as exploration
of interest-based bargaining, number, type and length of meetings, possible
subcommittees, number of bargaining team members, and development of a written
framework or trust agreement. The common goal shall be to maximize efficiency and
mutually beneficial outcomes.
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APPENDIX I LETTER OF AGREEMENT
LETTER OF AGREEMENT
Nursing and Health Services
This Letter of Agreement between the Northshore School District No. 417 (District) and the
Educational Support Professionals (Association) is supplemental to the 2015-2019 Collective
Bargaining Agreement (Agreement) between the District and the Association.
Section A—Schools with staffing allocations of 7.5 hours a day or less:
1. Nurses employed prior to July 1, 2004 will have the opportunity to maintain their current
workday of 7.5 hours.
2. When nurse vacancies occur they shall be filled in the following manner:
a. If the vacancy occurs at a school whose projected enrollment falls below the
threshold for a 7.5 hour nurse, that vacancy will be filled in accordance with the
staffing model and the employee hired will not be subject to the 7.5 hour workday
standard.
b. If the vacancy occurs at any school whose enrollment generates a 7.5 hour nurse
(elementary, junior high, high school), then the employee at the smallest
elementary school still staffed with a 7.5 hour nurse, that falls below the threshold
for a 7.5 hour nurse, will be offered the choice between an involuntary transfer to
a 7.5 hour vacancy or staying at their current location and accepting a reduction in
hours consistent with the staffing model. Once an employee accepts a reduction
in hours rather than an involuntary transfer, then that employee has relinquished
the right to a 7.5 hour work day.
c. If the 7.5 hour vacancy is at the secondary level and the employee identified in (b)
above chooses to transfer, the employee will be provided training appropriate to
an assignment as a secondary nurse. Such training will be provided at District
expense.
d. If there are two or more 7.5 hour vacancies, and it is necessary to transfer two or
more elementary nurses to implement the staffing model, then the most senior of
the affected elementary nurses shall be given the first choice with respect to
transfer.
3. Nurses involuntarily transferred pursuant to this Letter of Agreement shall be provided up
to 15 additional hours to move, to be paid as worked and recorded on the employees’
timesheets.
4. At schools whose enrollment generates a 6.5 hour nurse, the workday shall be 7
continuous hours per day, with a 30 minute duty-free lunch at or around the mid-point of
the shift (32.5 hours per week), and the 2.5 hour flex-time provision shall not apply.
5. At schools whose enrollment generates a 7 hour nurse, the building administrator in
consultation with the nurse shall decide whether:
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a. the workday will be 7 continuous hours per day, with a 30 minute duty-free lunch
at or around the mid-point of the shift, with 2.5 hours to be scheduled flexibly
during the week (35 hours per week); or
b. the work day will be 7.5 continuous hours per day, with a 30 minute duty-free
lunch at or around the mid-point of the shift without application of the 2.5 hour
flex-time provision (35 hours per week).
6. At schools whose enrollment generates a 7.5 hour nurse, the workday will be 7.5
continuous hours per day, with a 30 minute duty-free lunch at or around the mid-point of
the shift, with 2.5 hours to be scheduled flexibly during the week (37.5 hours per week).
7. Nurses working an 8 hour shift shall work 8 continuous hours with a 30 minute duty-free
lunch at or around the mid-point of the shift, with 2.5 hours to be scheduled flexibly
during the week (40 hours per week).
8. At the beginning of the school year, nurses and principals should work together and
document in writing, the nurse’s schedule for the year. As allowable under state and
federal law and with agreement from the principal, nurses may voluntarily elect to waive
their duty-free lunch and instead maintain the nurse’s office open and services provided
during which time they shall be paid. In addition, if nurses are expected to work their
unpaid duty-free lunch (including being on-call to respond to any calls or needs), they
shall be paid for this on-call time.
9. Classified staffing allocations will be based on enrollment projections for the following
year, and will be adjusted once (upward only) based on October 1 enrollment.
10. Nurses and building administrators at sites staffed at less than 7.5 hours a day shall meet
and agree, in consultation with the District’s Health Services Supervisor, on reasonable
duties and responsibilities in light of the reduced workday. Nurses and building
administrators are encouraged to work together to develop a plan for lunch breaks for
nurses.
11. Prior to any modification of the current staffing standards or practices, the District shall
consult with ESP, and provide an opportunity for input.
Section B—Schools that share a single, eight-hour a day nurse:
12. The reduction in nursing services for 2008-2009 shall be made by reducing staffing at up
to eight schools. Reductions shall be made by pairing schools based on student needs and
proximity, and allocating approximately twenty hours per week for each school. Each
nurse shall work forty (40) hours per week.
13. Nurses currently assigned to schools where staffing will be reduced shall be listed in
seniority order. In seniority order, they may select from positions as follows:
They may select from among vacant positions that are to be staffed by a single nurse.
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They may select to remain at their own school and its paired school (thus displacing the
less senior nurse in their paired school); or may select a pair of schools that has been
vacated by both nurses.
After the initial selection, a reassigned nurse may agree to switch assignments with
another nurse and submit this request to the Supervisor of Nursing Services, who shall
consult with the affected building administrators and grant or deny the request based on
the operational needs of the District.
The District shall provide one day of release time to reassigned nurses prior to the end
of the school year to meet and transition with the nurses currently assigned to the
school sites.
14. Nurses who are involuntarily displaced, or those voluntarily displaced in order to directly
accommodate reductions in nurse staffing, will receive up to fifteen (15) hours for actual
hours worked, for transition activities, moving and setup at their new school assignment.
15. Upon request to the Supervisor of Nursing Services, and demonstrated need, the District
shall, within a reasonable period of time, provide or identify additional locked storage
space where needed.
16. By August 1, 2008 the District shall notify parents and school staff at the affected schools
of the change in staffing levels. Parents of newly enrolling students with life-threatening
conditions of those requiring services of a licensed nurse shall be asked to contact the
Supervisor of Nursing Services by August 15.
17. Schedules of employees at affected schools shall be decided by the Supervisor of Nursing
Services, nurse and principal, based on the medical needs of students and the professional
role of the school nurse. If the parties cannot reach agreement, the Supervisor of Nursing
services will determine the nurse’s work schedule.
18. An employee required to travel during the workday shall only be required to travel
between schools once during the workday, and shall be provided a 30 minute, duty-free
lunch and mutually agreed-upon transition and travel time, to be scheduled in writing.
19. The District and Association recognize that in transition to reduced nurse staffing, nurses
will be authorized to use professional judgment in resolving issues related to establishing
work priorities and communication issues.
20. Employees will be reimbursed at the approved IRS-mileage rate when using a personal
vehicle for District business. (Section 38.10)
21. Nurses assigned to two (2) schools shall receive three (3) additional eight (8) hour days to
open and close the two (2) schools. These days shall be scheduled at the nurse’s
discretion and recorded on a timesheet.
22. In schools sharing a nurse, School Assistants who have received adequate training may
be assigned to observe students in the health room and to administer medication provided
they have received a written plan from the School Nurse. The District shall modify the
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job description for School Assistants, in a school with a paired nurse assignment, to
reflect these duties, and shall provide training by the Supervisor of Nursing Services in
the performance of these duties by September 30
th
of each year.
23. Employees who are assigned to instruction shall not be requested nor required to leave
their assignment in order to meet the needs created by the absence of a nurse.
Section C—The following guidelines for School Nurse Assignments will apply:
Basic job expectations for ALL nursing staff:
Detects, plans, treats and follows up on student health problems and serves as a
liaison between home, school and medical or other community resources.
Develops care plans for all students with life threatening conditions (LTC) and
diabetes per RCW’s and school district policy prior to school attendance.
Provides staff education for LTC’s and diabetes per RCW’s and school policy.
Provides health information to students and families.
Provides and/or coordinates emergency first aid to students and staff in a building
disaster, at the school where the nurse is present at the time of the disaster.
Maintains comprehensive school health records for each student, except for new
student immunization entries for nurses assigned to two schools.
Performs and/or delegates/trains/supervises other staff to perform medication
administration and medical procedures within the parameters of licensed care laws of
the state of Washington and district policies and procedures.
Monitors compliance with state immunization laws, follow-up with parents and
coordinates record keeping.
When on site, identifies communicable diseases and affects a plan of action to prevent
spread of infection.
Coordinates yearly vision and hearing screening.
Compiles annual health room supplies order and maintain supplies.
Serves as a resource for classroom health education.
Provides consultation to the special education Evaluation Team either in-person or by
providing written input. Coordinates, monitors and case manages health needs of
health impaired and/or medically fragile students.
Serves as mandatory reporter, along with all certificated District employees, to Child
Protective Services for suspected issues of abuse and neglect.
The following duties may be performed by agreement between the nurse and
building administrator:
Emergency Prep Coordinator
504 Coordinator
Administering the Breakfast Program
Safety Committee Coordinator
Curriculum responsibilities, including coordinating or attending HIV/AIDS parent
night
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Training health room volunteers. If the building administrator and nurse agree to
utilize volunteers in the nurse’s absence, the volunteers shall comply with District
policies and guidelines. A committee of four (4) nurses, selected by ESP along with
the Supervisor of Nursing Services shall convene to develop the policies, guidelines,
and training process. No volunteers shall be utilized, when the nurse is absent, until
the committee has completed its work, and the policies, guidelines, and training are in
place.
Healthy Youth Survey Coordinator
Tracking absenteeism/truancy
Responsibilities of other staff on-site in the absence of a nurse shall be limited to the
following:
First aid/illness care/documentation
Head bump notification forms
Student accident/incident reports
Administration of medications and emergency epi-pens (in compliance with State law
and District policy) once orders are reviewed by the nurse and training is provided.
Implement actions/notifications for communicable illness under nurse direction (e.g.
may need to run copies of a class letter and provide to teacher)
Immunization entries for newly enrolling students
Attendance report at end of day for time spent in Health Room (Junior and Senior
High only)
Duties no longer required of ANY nurse:
L&I liaison
******************************************************************************
2015-2019 NSEA/ESP/NSD Agreement
Page 73
INDEX
Topic
Page #
Association and Employee Rights
10
Absences
23, 28-29
Adult Transition Program (ATP)
17, 20
Application Procedures
16
Attendance Incentive Program
38, 56-58
Bachelor’s Degree Stipend
24, 49-52
Bargaining Team
11
Behavior Management Training
14-15
Benefit Eligible Positions, Increase
65-66
Bereavement Leave
34
Breaks and Lunch
9, 68-69
Cancer Insurance
39
Catheterization
22
Childbirth/Childcare/Adoption Leave
34-35
Citizen Responsibility Leave (Jury Duty, Election to Office)
29
Citizenship Rights
5
Class Overloads
9
Classifications
53, 3, 17
Classified Representation on SDLT
64
Closure/Emergency/Weather
9-10
Coaching
10
College Degree Stipend
24, 49-52
Comp Time
9,10
Complaint
5, 13, 43-45, 55
Computer, Access to
62
Continuing Employment Letters
21
Contracting Out
6
CPI Training
14-15
Credit Unions Deductions
40
Curriculum Adoptions
22
Damaged or Stolen Property/Clothing Reimbursement
14
De-escalation Training
14-15
Deferred Compensation Plan (DCP)
41
Dental Insurance
38
Direct Deposit
36
Disciplinary Action
12
Discrimination
5
Displacement, Staffing Process
17-20
Distribution of the Agreement
5
District Rights
11
Driving
36
Dues Deduction/ Association Membership
42
Duration of Agreement
46
2015-2019 NSEA/ESP/NSD Agreement
Page 74
Topic
Page #
Early Release
9, 65
ELL Hours
8, 66
Email Access
9, 10
Emergency Leave
10, 30-31
Employee Absence
23
Employee Protection
14-15
ESP Day
65
ESPs on SDLT
64
Evaluation Form
54
Evaluation Procedures
11-12
Facilities
25
Family Medical Leave
31-33
Field Trips
10, 6
File, Personnel
20
First Aid Training
23
Force, Use of
14
Full-Time Work
65-66
Funeral/Bereavement Leave
34
Job Description, Paraeducator
65
Grievance Procedure
43-45
Grievance Review Request Form
55
Hearing Insurance
39
Heat, Light, Air – Adequate
25
Holidays
7-8
Hours, Getting More
65-66
Hours, Minimum Schedule
8-10
IEPs
6, 22
Illness, Injury, Emergency Leave
30, 56
Instructional Duties
21-22
Insurance
38-42
Internet, Access to
62
Interviews
16-17
Involuntary Reassignment Process
17-20
Job Classification and Work Year Summary
53
Job Expectations/Job Descriptions
63
Job Posting
15-20
Joint Bargaining
66-67
Jury Duty Leave
29
LAP Hours
8, 66
Late Start Days (Due to Weather, etc.)
9
Layoff
25-28
Leadership Team
64
Learning Center and Mid-Level Paraeducator Reasignment
18
Learning Center Paraeducators
17-18, 63
2015-2019 NSEA/ESP/NSD Agreement
Page 75
Topic
Page #
Leave of Absence
28-29
Leave Sharing Program
38, 59-60
Length of Work Year
6-8, 53
Letters of Employment and Notification
21
Liability Protection
14
Life Insurance
39
Locked Space for Personal Items
25
Long Term Disability
39
Long Term Substitute
4
Lunch and Breaks
9, 68-69
Maintenance of Standards
5
Master’s Degree Stipend
24, 49-52
Maternity/Childbirth/Childcare Leave
34-35
Medical Insurance
38-42
Medical Leave
30-33
Medication, Dispensing of
72, 22
Mid-Level and LC Paraeducator Reassignment
18
Mileage Reimbursement
36
Minimum Work Day
8
Monitoring the Agreement
5
Moving
21-22, 69-70
New Employee Probation
13
No Contracting Out
6
No Strike/No Lockout
6
Non-Discrimination and Citizenship Rights
5
Notice of Continued Employment
21
Nurse – Assigned 7.5 hours a day or less
68-69
Nurse – Assigned to two schools
69-72
Nurse – Job Expectations/Duties
71-72
Nurse – Posting of Vacancies
16, 69-70
Nurse – Regional Team Leaders
9
Nurse – Work Year
53, 65, 14
Nurse Hours/Days
7, 9, 65, 68-72
Nurse Schedules
68-69, 9
Nurse Team Leaders
9
Nursing Duties
71-72
Nursing Duties of Staff in Nurse’s Absence
71-72
One-on-One Paraeducators
9, 14, 17-20
Online Professional Development
64
Overtime
9, 64
Packing and Moving
21, 22
Parking
25
Paternity/Childbirth/Childcare Leave
34-35
Pay
48-52
Pay Levels
48
2015-2019 NSEA/ESP/NSD Agreement
Page 76
Topic
Page #
Pay Procedures
35
Personal Leave
33, 57
Personal Leave Cash Out
58
Personal Property; Damage or Theft
14
Personnel File
20
Planning Time (ELL and LAP)
8
Posting Procedures
16
Preamble
3
Pre-Tax Medical/Dependent Care Account
41
Pre-Tax Tuition Reimbursement
7
Probation
13-14
Professional Development
64, 23, 14, 6-7
Professional Development Fund
23
Professional Development, Mandatory
14, 6
Professional Hour Carryover
63
Professional Hours – Individual
6-7, 15, 35, 64
Professional Hours – July
35
Professional Hours – August
7
Professional Hours – Pool
7
Professional Hours, Reporting Use
6-7, 15, 35, 64
Professional Standards Program/Stipends (PSP)
24, 37, 49-52
Promotion
15, 53
Provisions for Leave Sharing
59
PSP Stipends
24, 37, 49-52
Public Records Request
15, 10
Public Service Leave
29
Reassignment
15
Recall from Layoff
27-28
Recess Concerns
22
Recognition and Definitions
3
Reduction in the Work Force (Layoff)
25
Re-employment Pool (Recall)
27
Registered Nurse – (See Nurse)
Re-hire as Substitute
37
Reimbursement for Theft or Damage
14
Release Time
10-11, 65
Relief Periods
9, 68-69
Religious Observance Leave
33
Replacement of Damaged or Stolen Property
14
Representation at Meetings
12
Resignation and Termination
25
Responsibilities and Roles
11
Retaliation
5
Retirement
25, 40, 57, 37
Right Response Training
14
2015-2019 NSEA/ESP/NSD Agreement
Page 77
Topic
Page #
Safety Training
14-15
Salary
48-52
Salary Insurance
39
Salary Placement (Initial)
36-37
Salary Schedules
49-52
Scheduled for Partial Class Periods
22
Scholarship for Teaching Certification
61, 10
School Assistants, Transfers
16
School Assistants, Duties at Schools with Shared Nurses
71-72
School Assistants, Hours
8
School Assistants, Hours Reductions
18
School Board Meetings
11
School Year Only Employees
19-20
Secondary Nurses, Additional Workdays
65
Shared Decision Making Leadership Team
64
Section 125
41
Seniority
16-17, 26-28, 30, 35
Seniority Definition
26, 27
Seniority in Selection of Applicants
16-17
Severability
4
Sexual Harassment
5
Sick Leave
30-35, 59-60
Sick Leave Cash Out
56-57
Sick Leave Sharing Donation Program
59
Snow and Weather Closures
9-10
Special Education Paraeducator, Conversion to Full Time
66, 65
Special Education Paraeducator, Sub Classification used for
Displacement
17
Split Shift
8
Staff Development Training
23, 64
Status and Application of This Agreement
4
Step Increases
36-37
Substitutes
4, 37
Substitute, Rehired as
37
Substitute, Rate of Pay
37, 49-52
Substituting After Regular Employment
37
Summer Vacancies
17
Support Personnel in the Classroom
21
Tax Deferred Annuities
41
Teaching Certification Scholarships
61, 10
Teaching Duties
21
Technology Needs
62
Technology, Convenient Access to
62
Temporary 45 Day Assignment
9
Temporary Disability Leave
33
2015-2019 NSEA/ESP/NSD Agreement
Page 78
Topic
Page #
Termination Notice
13-14, 25
Training Fund
23
Training, Required
14, 6
Transfer
15-20, 27, 68-70
Travel Between Schools
36, 70
Tuition Reimbursement
23, 7
Unemployment Compensation
36
Unused Leave Compensation
56-58
Use of Force
14
Use of Vehicles
36
Vacancies
15-20, 27, 68-70
VEBA
41, 62
Violent Student
22
Vision Insurance
39
Work Days, Number per Year
6-7, 53
Workday Provisions/Hours/Breaks/Overtime
8-10
Workers' Compensation
36
