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Sample Contract WITNESSETH
DEFINITIONS 1. "Teacher" shall mean only lay teachers employed and paid by the School. 2. "Days" as used in this Agreement shall mean school days as indicated on the official school calendar unless otherwise defined. Matters which extend beyond or begin before the normal school year (e.g., June, July, August) shall continue to be processed with "Weekdays" being substituted for all references to "Days." ARTICLE I: PURPOSE AND SCOPE OF AGREEMENT 1. The Bishop Hoban Board of Pastors hereby recognizes the Bishop Hoban Education Association as the sole and exclusive collective bargaining agent for all teachers who are engaged in professional duties in Bishop Hoban High School, exclusive, however, of principals, vice principals, assistant principals, Director of Religious Formation, or anyone functioning in an administrative capacity. "Administrative capacity" shall mean the same as the definition of a "Supervisor" as set forth in the Pennsylvania Public Employee Act, 43 P.S. § 1101.301 (6). The Director of Religious Formation, whether lay or religious, may have teaching duties and his/her administrative functions will be limited solely to religious classes or issues of Church Doctrine. 2. The subjects covered by this Agreement are conditions of professional services (wages, hours, and other terms and conditions of employment) of teachers. 3. The Association recognizes that the operation and maintenance of the School is the responsibility of the Board of Pastors and the Diocese of Scranton. 4. The Association recognizes the uniqueness of Bishop Hoban High School and its spiritual commitment to provide the opportunity for Catholic schooling. 5. The Association recognizes the non-profit nature of Bishop Hoban High School and the fact that it possesses no taxing power and is dependent, for the most part, upon the freewill offerings of the people. 6. The Association recognizes that when the terms and conditions of this collective bargaining agreement affect in any way religious teachers or their communities in the School, said Board has the right to consult with the relegious teachers and their communities to discuss with them all matters of mutual concern. The Board also recognizes that when the terms and conditions of agreements with religious communities affect in any way the teachers, said Board has the duty to consult with the Association. The Association further recognizes that the relegious communities participating in the School have the right to determine the personnel assignments within these communities insofar as such assignments do not violate the terms of this Agreement. 7. The Board retains the sole right and duty to operate its School in accordance with the philosophy of Christian education, the doctrines, laws, and norms of the Catholic Church. Notwithstanding grievance and arbitration procedures hereinafter specified, any grievance arising from dismissal of a teacher for serious and public immorality and/or public rejection of official doctrine or laws of the Church shall first be discussed orally with the principal. The charge shall then be reduced to writing and presented to the teacher. The teacher or the Association may then file a grievance with the Board. If the grievance is not resolved at the previous level, the teacher or the Association may request arbitration by the Ordinary of the Diocese or his designee whose decision shall be final and binding on all concerned. 8. The Board retains the sole right to operate its school and nothing herein shall be deemed to limit or restrict it in any way in the exercise of all its functions in management operation. This includes the right to make such rules relating to its operation as it shall deem advisable providing they are not inconsistent with the terms of this Agreement. 9. Any son or daughter of a teacher will be expected to participate in school fund raising. ARTICLE II: CHECK-OFF 1. All teachers in the bargaining unit have the right to join or not to join the Association. The Board shall cause to be deducted the Association dues from the salaries of each teacher who shall furnish the proper authorization to make such deductions. All teachers in the bargaining unit share in the contract benefits and the Association representation. Those teachers who are members of the Association discharge their obligation through membership dues.
ARTICLE III: UNION REPRESENTATION 1. The Board will not discriminate against or show preferential treatment toward any teacher because of race, sex, color, national origin, creed, union activity, membership or non-membership in the Association. 2. The Board shall continue its policy of treating the Professional Staff, i.e., Religious and Lay, equitably in regard to their conditions or professional services.
3. The members of the Association shall designate one of their members as delegate for purposes of liaison among faculty members and between members of the Association and the School Administration in matters pertaining to the administration and application of this contract and other matters of mutual concern.
4. The Association delegate or his designee may consult with any member of the staff or administration of the School privately, in the faculty room or otherwise designated area as long as such consultation does not interfere with the School's schedule in operation. He cannot use facilities other than those specified without permission of the principal. He cannot call meetings on the school premises without the approval of the principal. A meeting approved by the principal must be held after the school day terminates and attendance at such meetings cannot interfere with the school activities. Notice of such a meeting must be given twenty-four (24) hours in advance or as soon as possible.
5. School membership meetings may be held on school premises outside the school day with the permission of the principal. Notice of such meetings shall be given twenty-four (24) hours in advance or as soon as possible.
6. The Association shall have the right to place Association material in mailboxes of all teachers. Placement will be made by the authorized representative of the Association or their designees. Materials other than official releases of the Association or their affiliates, when so placed, shall bear the name of some responsible representative of the Association. 7. The Association shall recieve a copy of the Master Roster of the entire teaching staff as soon as possible. The Master Roster will include the following information:
8. Any teacher who is elected or appointed to a full time position with the Association or an organization with which it is affiliated, will, upon proper application, be granted a leave of absence not to exceed one (1) year. If such teacher has a minimum of ten (10) years of service to the School, upon proper application by the teacher, renewal will be granted. If such teacher has less than ten years of service, such leave may be renewed upon the mutual written agreement of the School and the teacher.
ARTICLE IV: PERSONNEL FILES 1. A teacher's personnel file shall be used as a report of his documented performance and shall be kept in a place accessible only to the principal and vice-principal. Proper reports relating to special competencies, academic, civil, and social achievements should also be placed in the file. A Teacher may examine his personnel file at his request, with the principal or vice-principal present. The teacher shall acknowledge his examination of the file in writing and shall have the right to answer any material. Such answers shall be included in the file. No material detrimental to the teacher's record or derogatory to his conduct, service, character, or personality shall be placed in his personnel file unless the teacher has had a dated copy given to him. The teacher shall acknowledge that he has read such material by affixing his signature on the copy to be filed with the understanding that his signature merely signifies that he has read the material and does not necessarily indicate agreement with its content. The teacher shall have the right to answer any such material filed, and his answer be attached to that material. Anonymous material shall never be placed in the personnel file. If a teacher refuses to sign the material within five days, the report will be placed in the file. It shall be noted that there was a refusal to sign. The Association shall be notified of this action. 2. No such detrimental material contained under Section 1 may be used in any disciplinary action against a teacher unless he has been supplied a copy of the material being used. The teacher shall acknowledge that he has received such material by affixing his signature to said material in the presence of the principal or designee. Materials must be in the file within six (6) months after the cause of the complaint arises or could have been commonly known and cannot be used against the teacher if the material is more than two (2) years old, unless it represents a common course of conduct of a serious nature.
3. No information shall be made available to any persons other than the aforementioned without the written authorization of the teacher except as demanded by the legal process. ARTICLE V: TENURE 1. A teacher possessing at least a Bachelor's Degree from an accredited four year college shall have the right of tenure herein set forth after the completion of six successive semesters of satisfactory teaching in Bishop Hoban High School. A teacher may be retained on probation without being granted tenure at the conclusion of his sixth successive semester for an additional two semesters. A teacher who is to be retained on probation without tenure for two (2) additional semesters must be given notice to that effect at least fifteen (15) days prior to the end of his sixth successive semester. Such notice shall contain the reasons the School has for placing the teacher on probation and shall be interpreted to include, but not limited to, evaluation reports and notices of deficiency. A teacher receiving such notice may request, in writing, a meeting with the Committee for Review, as defined in Article XVI, Section 2, to discuss his/her case. The teacher may have an official of the Association with him/her at this meeting. This meeting shall be held within fifteen (15) days from the date that the request was received. If the teacher is retained for the next school year and a probation notice has not been given within the required time at the conclusion of the sixth successive semester, then the teacher shall automatically be granted tenure.
2. During the period of any annual contract, non-tenured teachers may not be dismissed except upon just cause. Any non-tenured teacher whose contract is not to be renewed shall be notified to that effect in writing at least fifteen (15) days prior to the last day of the school year.
3. Notification of probation or non-renewal shall be preceded by a written notice of unsatisfactory performance given to the teacher as soon as possible but no later than thirty (30) days prior to the probation or non-renewal notice unless the cause of such action specifically arises after this date. This notice shall include the reasons the School has for considering the teacher unsatisfactory, and shall be interpreted to include but not be limited to the evaluation reports and notices of deficiency to that effect. Before dismissal, the respective teacher may be suspended from teaching but must be given an immediate exit conference, in the nature of a hearing, in order to review the substance of the written warnings. At this time, the teacher shall be furnished a written statement for such actions. Any teacher who had previously taught the subject affected hereby at Bishop Hoban shall enjoy the protection of Section 4 below. 4. A teacher having tenure shall not be discharged except for reasons of serious and/or public immorality, gross insubordination, incompetency, or serious neglect of duty. Such discharge when based upon incompetency or serious neglect of duty, shall be preceded by three (3) written warnings over at least a ninety (90) day period. Each of the warnings must be at least ten (10) days apart. The final warning must be prior to the last day of school. Before dismissal, the teacher shall be afforded a hearing within fifteen (15) days of termination and presented with a written statement of reasons for such action.
5. The Board and Administration reserves the right to require Pennsylvania certification for all its teachers. Since teachers must obtain permanent certification, in the field in which they teach, as soon as they are assigned to the area in which they already hold temporary certification, it is hereby understood that these teachers will immediately begin to actively pursue the means by which this certification shall be obtained. The Bishop Hoban Board of Pastors will make every reasonable effort to provide for teachers to maintain their permanent Pennsylvania certification in accordance with Act 48 of 1999, through in-service meetings and training sessions. 6. The School shall initiate an Evaluation Process for all non-tenured teachers based on conditions established by the school. This process shall be attached to this Agreement as Exhibit A.
ARTICLE VI: SENIORITY 1. Seniority is based on the length of continuous service to the School.
2. The name and status of each newly hired teacher shall be furnished to the Association as soon as possible.
3. For purposes of placement on the salary schedule, a teacher hired after the opening of school but prior to February 1st shall have this partial satisfactory experience credited as a full year.
4. The School Administrators who return to the bargaining unit shall obtain full credit and benefits and seniority for years of service both in their teaching and administrative capacities. 5. A list of all known available openings shall be sent to the Association when openings occur any time before the opening of the school year or during the school year. 6. No teacher hired beginning with the school year 1981-82 shall accrue seniority or claim any benefits thereof, provided herein, until that teacher is assigned to teach a subject for which the teacher has acquired and filed evidence of State certification. ARTICLE VII: LEAVE 1. Each teacher shall be entitled to ten (10) days sick leave with full pay during each school year. The teacher shall be entitled to use five (5) of these sick days for emergencies in his immediate family which require his presence. Sick leave may be accumulated indefinitely. 2. A teacher shall receive as many as two (2) days personal leave each year for personal business which cannot be scheduled on other than school time or for a personal emergency which requires immediate attention. The teacher can use one (1) of his sick days as an additional personal day, if necessary.
Notice of such leave shall be given on a standard form to the principal twenty-four (24) hours in advance. In the event of emergencies such notice should be given as soon as possible thereafter. 3. Each school year, the individual teacher shall be notified in writing as to the number of sick days available to him. This notice shall be given to him during the last week of the school year. This notice shall include the recorded dates of absence when sick leave was used. 4. In the event of death in the immediate family of a teacher (a parent, spouse, child, sister, brother, parent-in-law, grandparent or relative residing in the same household as the teacher), said teacher shall be entitled to take a leave at full pay up to four (4) school days. 5. A teacher shall be granted one (1) day funeral leave for the death of aunts, uncles, brothers-in-law and sisters-in-law. 6. Disability benefits for pregnancy are to be the same as for other disabilities.
7. At least thirty (30) days prior to the child's first birthday, a teacher who was granted a childbearing leave of absence shall apply to the principal's office in writing of her desire to be granted a child-rearing leave of absence which shall not exceed beyond the child's second birthday but may, at the option of the teacher, be for a shorter period of time. The principal's office will interview the teacher after which the principal's office will confirm or reject in writing the child-rearing leave of absence. Upon conclusion of the child-rearing leave of absence, the teacher shall return to the School in an available position, within the employee's field of competency, without loss of seniority as previously acquired. Teachers shall notify the principal's office in writing thirty (30) days prior to her date of return. When the required date of return substantially interferes with the continuity of instruction, then the principal's office may adjust those dates to a more suitable time. The Association shall be notified in writing concerning any adjustment of said dates.
8. Extended Leave: Due to unforeseen circumstances not covered by the leave clauses, a tenured teacher may find it necessary to be placed on extended leave. The teacher requesting such leave will submit to the principal's office in writing the reasons for the request as well as the expected length of time for such leave. The principal's office, after careful review of all pertinent information, will notify the teacher of the principal's decision in regard to granting such leave and the duration thereof. 9. Sabbatical: All teachers having completed their tenth year are entitled to apply to the Administration for sabbatical leave. Applications for such shall be submitted no later than February 1st. The Administration shall notify the teacher no later than March 15th of its decision. Remuneration to the teachers who have been granted a sabbatical leave shall be fifty percent (50%) of their annual salary for the year in which the sabbatical takes place, if a half year of sabbatical leave is granted, or twenty--five percent (25%) of their annual salary if a half year of sabbatical leave is granted. All other benefits provided for in this Agreement shall accrue to the teachers. However, no sick leave shall accumulate during the leave. Any teacher accepting a sabbatical leave must first agree in writing to return for a minimum of one (1) year following the leave as a condition of the leave. Failure to do so shall obligate the teacher to repay the School, as a debt and owing, all monies and benefit costs, interest and recovery costs of monies paid to him/her while on sabbatical leave. 10. Teachers who are on approved leaves, other than sabbatical, shall have the option of continuing the Medical Health Plan. The full cost of the plan will be borne by the teacher. ARTICLE VIII: LAYOFF POLICY 1. All layoffs shall conform to the provisions of this contract unless otherwise mutually agreed to by the Association and the Board.
2. No teacher shall be laid-off, reduced in status or displaced by a member of a relegious community except if a newly hired teacher accepts his position as a temporary employee, to fill a position previously held by a member of a relegious community. The teacher will hold his position only until a suitable member of a relegious community can be found to fill that position. These terms will be stated on the temporary employee's individual contract. If a suitable religious is not assigned to fill the vacancy after two (2) years, the position shall be declared open and filled with a permanent employee.
3. The administration shall give serious consideration to the job security of those covered under this contract by discussing with the Association all possible ramifications should the school post a teaching position with any religious community in the event that a relegious is being transferred and not replaced in kind or a position has been vacated by any teacher with no professional availability by recall. Similarly, the administration agrees to discuss with the Association representatives those offers made by religious communities to accept religious personnel into positions previously non-existent, with a view to identifying possible employee problems which might ensue. It is understood that this agreement shall apply only to full or part time teaching employees. 4. No teacher shall be laid-off, reduced in status or displaced due to the assignment of classes to any administrator (as defined in Article I, Section 1.). 5. In the absence of a qualified (as described in Article IX, Section 2) person to fill an open position, no new teacher should be hired to fill an open position or substitution position (as defined in Section 5, below) untill the position has first been offered to all teachers who have been laid-off or reduced in status. Order of recall shall be based on seniority.
6. The parties agree that long term substitutes may be hired by the School in substitution for other lay teachers under the following conditions:
ARTICLE IX: TEACHER ASSIGNMENTS 1. As soon as possible, but before the end of the school year, teaching, service, and homeroom preference forms shall be distributed to all teachers and returned no later than ten (10) days thereafter. If possible, the seniority, talents, and professional skills and experience of the individual teacher in conjunction with the preference forms shall be the basis upon which the assignments shall be honored. The Administrator at the School shall provide the opportunity to discuss the situation with the teacher. If possible, before the end of the school year, the department head shall inform the members of the department of his/her tentative recommendations to the studies office including subjects, grade levels, or any special groupings. Also, the teacher shall also be informed of his/her tentative service period and homeroom assignment.
2. Teachers shall not be assigned to teach subjects outside their field of compentency, unless agreed to in writing by the teacher and the Administration and witnessed by a representative of the Association. Competency shall be determined as demonstrated by academic background which shall mean eighteen (18) minimum semester hours of college credit or teaching experience in the academic field which shall normally mean one (1) year. 3. Teachers may not be assigned more than three (3) consecutive teaching assignments nor more than four (4) consecutive teaching and service assignments combined except where unavoidable due to scheduling. 4. Teachers shall not be assigned classes which require more than three (3) preparations unless agreed to by the teacher, the Administration, and the Association. A preparation is defined according to difference in subject area and grade level. Every effort shall be made not to place an undue burden on the teacher by assigning multiple subject areas and grade levels. 5. The Department Chairperson shall consider the rotation of qualified persons within academic field in matters of assigning teachers to special and honor sections. 6. A full-time teacher shall be defined as any teacher carrying a teaching load of at least three (3) teaching and/or service assignments per day and must also be assigned other school related duties of responsibilities during the school day. A part-time teacher shall be defined as any teacher who carries a teaching load of three (3) or fewer teaching and/or service assignments per day and who does not have assigned any other school related duties or responsibilities within the school day.
7. It is agreed that the above requirements may be altered only where the teacher voluntarily agrees according to the provisions of Article XVII, Section 1, or in cases of grave necessity; in which event, the principal or his designee shall provide the opportunity to discuss the situation with the teacher concerned. 8. Teachers who teach outside their area of academic concentration shall be assigned, if requested, within the five (5) days following the posting of the notice, when teaching positions open within the department which includes that area of concentration, unless a certified person cannot be found to fill the position vacated. If not certified, the provisions of Article V, Section 4a. will not apply. 9. The number of students in a study hall shall not exceed forty (45). This requirement may be waived under severe conditions and then only through the mutual consent of the Administration and the Association. ARTICLE X: DUTIES AND ACTIVITIES 1. The number of days in the school year shall not exceed 184 days as prescribed in the official school calendar of Bishop Hoban High School. Any orientation and in-service days are to be included within this number. 2. Except in emergency situations, the total length of the school day shall not exceed seven (7) hours. Teachers must be available for consultations with parents and/or pupils on a reasonable basis outside of school hours, but within the school day. Under normal conditions, teacher dismissal shall-be twenty-five (25) minutes following student dismissal. 3. On days when classes are not held to allow attendance at professional meetings, teachers are required to attend these meetings. 4. Teachers shall not be required to be present for more than four (4) functions a year outside of the school day. Those required shall be "Back to School Night" to be scheduled early in the school year, Report Card Night, Baccalaureate Mass, and Graduation.
5. A yearly calendar in the School shall be published in September indicating School holidays, School events, and meetings, examination dates, and closing of marks. Local holidays and necessary changes to the yearly calendar, and, when known, orientation days and in-service days, will be published on the first school day of each month. 6. The total teaching and service assignments shall not exceed six (6) per day or thirty-six (36) per cycle, plus a homeroom as defined in Section 7e. Substitutions as defined in Section 6c.3 and 6c.4 are excluded from the foregoing. The total number of teaching assignments shall not exceed five (5) per day or to allow for the flexibility for scheduling shall not exceed thirty per cycle. Teachers who are rostered for more than thirty teaching (30) assignments per cycle shall have a comparable reduction in the number of service assignments assigned.
7. There shall be a rostered thirty (30) minute duty-free lunch assignment. 8. Cooperating teachers who are responsible for the professional development of a student teacher shall be compensated according to the provisions of the college concerned. Cooperating teachers shall be assigned equitably. 9. Detention assignments of forty-five (45) minutes, beginning five (5) minutes after dismissal, shall be given on an equitable basis. 10. Any deviation not specifically provided for in this Article shall be made subject to mutual agreement by the Board and/or its designees and the Association and/or its designee. ARTICLE XI: EXTRACURRICULAR ACTIVITIES 1. The faculty will be notified of openings in extracurricular activities by posting in the School. All faculty members in the School may apply. In the case of openings of extra-curricular activities which occur during the summer, these openings shall be posted on the first day of school and remain posted for ten (10) days thereafter. When the position needs to be filled immediately, however, the teachers will be notified by mail of these openings which shall not be filled for five (5) days after the position becomes available. 2. All openings for coaching positions in sports shall be posted in the School. All qualified teachers and other interested persons may apply. 3. First consideration shall be given to qualified applicants in the School. 4. The School will provide excess automobile liability coverage applicable to teachers transporting faculty members and/or students on or as part of school activities. The master copy of such coverage shall be sent to the Association. ARTICLE XII: DEPARTMENT CHAIRPERSONSHIPS 1. Department Chairpersons will be elected by the majority vote of the department membership and then shall be assigned by the approval of the principal. 2. When possible, department heads shall be afforded the opportunity to interview new teachers in their departments. 3. Department Chairpersons in departments with three or less members, except for the Chairperson of the Computer Education Department, shall be assigned three (3) department periods per cycle. Department chairpersons in departments with more than three members, as well as the Chairperson of the Computer Education Department shall be assigned six (6) department periods per cycle. In addition to attending the usual department duties, Department Chairpersons are to use the additional time so-made available for the purpose of advising and counseling teachers in their departments and especially seeking to improve the instruction of non-tenured teachers, and to aid the Administration in the evaluation process of non-tenured teachers. ARTICLE XIII: SALARIES 1. Effective September 1, 2000 the salaries for all teachers shall be according to Schedule A, attached. 2. All extracurricular activities, coaches, etc., shall have their duties contracted on an individual basis in an annual contract. This contract shall be separate from the collective bargaining agreement.
3. Salaries to teachers will be paid every other Thursday over a period of twelve (12) months. 4. Any teacher terminating his/her individual contract with the School upon thirty (30) calendar days written notice shall be paid all monies due him/her within thirty (30) calendar days after the receipt of such notice by the School. 5. If for any cause, where the teacher serves only a fractional part of the school year, the total of a teacher's compensation will be prorated (e.g. 1/186 in a year containing 186 school days) according to the actual salary for each day of service rendered.
6. Any teacher who has dependent children attending Bishop Hoban High School shall not be expected or required to pay tuition, course fees, or any part of the annual registration fees which pertain to academic matters. It is understood, however, parents will be responsible for the Declaration of Intent Fee, student yearbook, lock rental and deposit, items purchased from the bookstore, all dues and charges pertaining to retreats, membership in clubs or teams, class trips, etc., and graduation fee.
ARTICLE XIV: FRINGE BENEFITS 1. Teachers may choose either one (1) of the following health care plans: The Board shall provide, at no cost to the teacher, the Blue Cross/Blue Shield Access Care II Plan. Coverage shall extend to all employees, their spouses and dependent children to age 19 and to full-time students to age 23. or The Board shall provide the full cost of the Blue Shield UCR 100; Blue Cross 365-day comprehensive; and Major Medical, $250 deductible, 2 deductibles per family, 80/20 to $5000 (100% thereafter) per calendar year, $1,000,000 lifetime medical maximum $25,000 lifetime mental/nervous maximum. Coverage shall extend to all employees, their spouses and dependent children to age 19 and to full-time students to age 23. It is agreed that the teachers shall bear a portion of the cost of this plan in the following amounts: six hundred dollars ($600) per family, four hundred dollars ($400) per employee/spouse, and two hundred and fifty dollars ($250) per individual, per year.
2. The Board will pay the full cost of the Blue Cross and Blue Shield Penndental I Program. Basic coverage with a benefit period of three hundred sixty-five (365) days and coverage shall extend to all employees, their spouses and dependents. 3. The Board shall contribute five percent (5%) of the individual teacher's annual salary, provided the teacher does likewise, to the official teachers' pension plan, which shall be a Tax Shelter Annuity with the Massachusetts Mutual Life Insurance Company or with any plan determined by the Association and the Board mutually. 4. The School shall provide at no cost for teachers lunch on all regularly scheduled school days. 5. The Board will provide personal liability coverage for all teachers. Evidence of, and information regarding, this policy shall be supplied to the Association upon written request. 6. The Board shall procure and maintain, at its sole expense, group term life insurance in the amount equal to the teacher's annual salary. 7. The Board will pay the full costs of long term disability insurance, provided by the Horace Mann Life Insurance Company, whose terms call for a monthly benefit payable to sixty six and two-thirds percent (66 2/3%) of earnings to a maximum $3,000 (per month) with a waiting period of sixty (60) days. 8. A committee will be formed, composed of two (2) representatives from the Board and two (2) representatives from the Association. The purpose of this committee will be to study a teacher retirement incentive plan. ARTICLE XV: GRIEVANCE PROCEDURE 1. In the operation of any school system honest disagreements will arise. In most cases, such disagreements are resolved through discussions which take place in an atmosphere of good will. However, there may arise disagreements where one or more parties believe that such disagreements have not been successfully resolved through informal procedure. In order to assure a vehicle for pursuing the desired goals, in a further and formal way, the following grievance procedure is hereby adopted. Grievances involving general application shall be advanced to or be initiated at Section 4 (Appeal Board Level) of this procedure by mutual agreement of the Board and Association. 2. A teacher having a complaint may on his own behalf, or accompanied by a representative of the Association, present it in writing to the principal of the school or his designated representative within five (5) days after the cause of the complaint arises or could have been commonly known, or could have been known by the grievant. The parties shall make every effort to resolve it at this level. The principal shall forward a copy of the grievance and his reply to the Association. 3. A representative of the Association shall be given the opportunity to be present at all levels of the grievance procedure. The Association may initiate or appeal a grievance for any teacher or on its own behalf. 4. Thereafter, the teacher, the Association representative(s), principal, and a designee of the Board of Pastors shall meet within five (5) days for the purpose of resolving the issue involved in the grievance. In the event that the issue remains unresolved, either the Association of the Board of Pastors shall have the right to demand arbitration of the issue except as otherwise provided in the terms of this Agreement. 5. Said party shall give written notice of its intention to arbitrate within ten (10) days following the meeting as prescribed in Section 4, above. 6. The parties shall thereafter within seven (7) days select an arbitrator from among a list submitted by the American Arbitration Association in accordance with its Arbitration Rules. 7. Decisions of the arbitration panel shall be final and binding on both parties. 8. Compensation and costs for the arbitration panel shall be borne equally by the parties. 9. Failure by the Board of Pastors or any of its representatives to comply with any time limit specified at any step of this procedure shall automatically advance the grievance to the next step of this procedure unless modified in writing by mutual agreement of the Board of Pastors and the Association. 10. A matter to be arbitrable shall arise from or involve a grievance over the interpretation or application of the contract language or any alleged violation thereof. Changes in the agreement or changes in the salary schedule are not matters subject to arbitration. 11. There shall be no curtailment of teacher services, limitation of performance of assigned duties, strike or teacher stoppage for the duration of this Agreement. ARTICLE XVI: COMMITTEE FOR REVIEWThe Committee for Review will be comprised of three (3) members; two (2) representatives of the Board and one (1) classroom teacher. ARTICLE XVII: GENERAL TEACHING CONDITIONS 1. The provisions of this contract are not intended to limit a teacher's rights to voluntarily accept any school activity offered to him/her. If a teacher does not wish to volunteer for any assignment which is beyond the terms of this contract, he/she is free to do so. In either case, the teacher's right to volunteer or not to volunteer shall be without prejudice to his standing in the School and without censure from the School or the Association. 2. The School shall provide storage space (lockers), one (1) teacher's lounge, and lavatory facilities, where possible.
3. Teacher assignments will be made on a basis commensurate with the teacher's professional status. Every attempt shall be made to distribute service assignments equitably on a year-by-year basis among all personnel so that an undue burden is not placed on any individual. It is understood that all members of the bargain unit share the responsibilities of substituting for those teachers who are absent, proctoring mid-semester and final exams, and detention supervision. 4. Expenses directly related to activities for which prior approval has been obtained from the principal shall be reimbursed at a rate and/or amount agreed to in advance. 5. Orientation: The School shall conduct orientation meetings for new teachers. The purpose of these meetings will be to prepare and acquaint the new teachers with the functions and regulations of the various departments and committees within the School; to prepare new teachers to teach more effectively and with greater knowledge in their assigned subjects or areas; to familiarize new teachers with the curriculum and procedures of our School; to enable the new teachers to assimilate into the school in an orderly fashion; to provide a sense of confidence in the new teacher by defining his/her role in the School; and to explain the purposes and functions of the Association. 6. A teacher's grade for a student should not be changed. Should circumstances indicate that a change might be necessary, the Administration shall attempt reasonable means of discussing these circumstances with the teacher before making any change in the grade. 7. Teachers shall be required to follow a dress code commensurate with their professional duties (sport coat, suit coat, tie, etc.) but such code shall not be the same as that of the students, and shall not forbid facial hair (e.g. mustache, neatly trimmed beard). 8. Each teacher shall receive a copy of this Agreement with its exhibits from the Association. 9. The School shall provide each teacher with the necessary school supplies. 10. The cost of duplicating this contract shall be borne by the Board to the number of persons in the unit. 11. The Association agrees to observe the recommended guidelines in the Diocesan Handbook for Teachers, so long as nothing in this Handbook abrogates, invalidates, or qualifies any of the terms and conditions set forth in this contract. 12. It is understood that smoking is forbidden in all areas of the school building. 13. Copies of all school-related material to be mailed through the interschool mailboxes must be given to the principal. ARTICLE XVIII: RELIGIOUS CERTIFICATIONS 1. By their witness and behavior, teachers are of the first importance to impart a distinctive character to Catholic schools. It is, therefore, indispensable to ensure their continuing formation through some form of suitable provision. But let teachers realize that to the greatest extent THEY determine whether the Catholic school can bring its goals and undertakings to fruitation. They should be trained with particular care so that they may be enriched with both secular and religious knowledge, appropriately certified, and may be equipped with an educational skill which reflects modern-day findings.
2. Teachers who have successfully completed the Veteran Teachers Program, or granted exemption from same, shall have satisfied the requirements of 1a., above. 3. The School shall assume responsibility for the costs of tuition and the cost of textbooks required for the courses for any teacher who enrolls in the courses, whether through in-service or REI evening program, which satisfy any of the minimum requirements provided they have not been previously satisfied. 4. A teacher hired during or later than the 1986-87 school year shall actively pursue those means by which satisfaction of requirements in Section 1a are achieved. Implementation of the policy to assure the certification of newly hired teachers shall be to matriculate in the REI program and not through the Regional In-Service Certification Program. All newly hired teachers shall be informed of this policy at the time of their initial interview and at their time of hiring. The following will be the required time frame for fulfillment of this obligation:
ARTICLE XIX: MENTOR PROGRAM 1. Newly hired teachers with less than three (3) years teaching experience shall be inducted in the mentor program. 2. The position of mentor shall be assigned on a voluntary basis. The principal must approve the selection of the mentor from the same department as the inductee. The mentor must have a minimum of five (5) years of teaching experience. 3. The mentor/inductee relationship is to be designed around mutual trust and collegiality and at no time with the mentor be responsible for formal evaluation or assessment of the inductee. 4. The role of the mentor shall be as follows:
5. If possible, mentors will be assigned a "mentor assignment" once each cycle in lieu of the normal service period to work with the inductee. Other release time may be made available as mutually agreen to by the mentor and the administration. ARTICLE XX: NO REPRISAL CLAUSE There shall be no reprisals against any teacher for his/her part in the events leading up to and/or negotiating this Agreement, or any action taken to secure its subsequent enactment. ARTICLE XXI: SAVINGS AND SEPARABILITY CLAUSE 1. The parties agree that any clauses which may be prohibited by, invalidated under, or in contravention of an operable Federal or State law, or under which the Employer or Union is required to do any act which is in contravention of any Federal or State Law, shall be null and void. But in such event, the remaining clauses shall continue in full force and effect for the term of the agreement, and any renewal thereof.
ARTICLE XXII: SUCCESSORS This Agreement shall be binding upon the parties hereto, and their heirs, executors, administrators, successors and assigns of each. Recognition hereunder is non-assignable and shall not become the subject of merger. It is strictly exclusive between the parties hereto. ARTICLE XXIII: TERM OF AGREEMENT All terms of this Agreement shall be effective September 1, 2000 and extending through August 31, 2003. At any time subsequent to December 6, 2002, either party may give written notice of its intention to open negotiations for a new agreement. The parties shall commence negotiations within thirty (30) days thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives this ______ day of _____________ 2000. BISHOP HOBAN BOARD OF PASTORS
by: BISHOP HOBAN EDUCATION ASSOCIATION
by:
EXHIBIT A: TEACHER OBSERVATION REPORT
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