Working Agreement between
Independent School District No. 624 White Bear Lake, Minnesota
and
White Bear Lake Principals’ Association
Effective July 1, 2015 through June 30, 2017
WHITE BEAR LAKE PRINCIPALS’ ASSOCIATION WORKING AGREEMENT INDEX Article
Page
I.
Purpose…. .................................................................................................1
II.
Exclusive Representative .........................................................................1
III.
Definitions .................................................................................................1
IV.
School Board Rights .................................................................................2
V.
Employee Rights ......................................................................................3
VI.
Duty Year .................................................................................................4
VII.
Basic Compensation .................................................................................4
VIII.
Group Insurance .......................................................................................6
IX.
Leaves of Absence ....................................................................................9
X.
Vacancies and Transfers .........................................................................15
XI.
Separation for Service .............................................................................16
XII.
Matching Annuity Plan ...........................................................................18
XIII.
Unrequested Leave of Absence and Seniority Policy .............................18
XIV.
Miscellaneous ..........................................................................................20 Publication Tax-Sheltered Annuities Application of Benefits ...........................................................................21 Grievances Retroactive Payments Holidays Professional Development
XV.
Grievance Procedure ...............................................................................21
XVI.
Duration...................................................................................................24 Signature Page .........................................................................................25 Grievance Report Form – Attachment A.................................................26 Salary Schedule – Attachment B .............................................................27
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ARTICLE I PURPOSE Section 1. Parties: THIS AGREEMENT is entered into between the School Board of Independent School District No. 624, White Bear Lake, Minnesota (hereinafter referred to as the School Board or School District) and the White Bear Lake Principals' Association (hereinafter referred to as the Exclusive Representative or Association), pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended (hereinafter referred to as the P.E.L.R.A.), to provide the terms and conditions of employment for principals during the duration of this Agreement. ARTICLE II EXCLUSIVE REPRESENTATIVE Section 1. Recognition: In accordance with the P.E.L.R.A., the School Board recognizes the White Bear Lake Principals' Association as the Exclusive Representative of principals employed by the School Board, Independent School District No. 624, which Exclusive Representative shall have those rights and responsibilities as prescribed by the P.E.L.R.A. and as described in the provisions of this Agreement. Section 2. Appropriate Unit: The Exclusive Representative shall represent all the principals of the School District, as defined in this Agreement and in said P.E.L.R.A. and in the Order of the Director, Case No. 73-PR-565-A dated November 9, 1973. ARTICLE III DEFINITIONS Section 1. Principal: The term "principal" shall mean all persons in the appropriate unit employed by the School District in a position for which the person must be certificated by the Minnesota Department of Education as a principal or associate principal and who devote fifty percent (50%) or more of their time to such administrative and supervisory duties, excluding the following: superintendent, assistant superintendent, confidential employees, supervisory employees, essential employees, part-time employees whose services do not exceed the lesser of fourteen (14) hours per week or thirty-five percent (35%) of the normal work week in the employee’s bargaining unit, employees who hold positions of a temporary or seasonal character for a period not in excess of sixty-seven (67) working days in any calendar year, emergency employees and all other employees. Subd. 1. Part-time principals shall have complete protection and full benefits as contained in this Agreement. Where salary is used to determined benefits, the part-time principal's full-time annualized administrative contract salary shall be used for the purpose of computations and payment of benefits except if they violate Minnesota Statutes.
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Section 2. School Board or School District: For purposes of this Agreement, the term School District or School Board shall mean the School Board or its designated representative. Section 3. Terms and Conditions of Employment: The term "terms and conditions of employment" means the hours of employment, the compensation therefore, including fringe benefits except retirement or separation from service contributions or benefits, and the employer's personnel policies affecting the working conditions of the employees. In the case of professional employees, the term does not mean educational policies of a School District. The terms in both cases are subject to the provisions of M.S. 179A.07 regarding the rights of public employers and the scope of negotiations. Section 4. Other Terms: Terms not defined in the Agreement shall have those meanings as defined by the P.E.L.R.A. ARTICLE IV BOARD OF EDUCATION RIGHTS Section 1. Inherent Managerial Rights: The parties recognize that the School Board is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the employer, its overall budget, utilization of technology, the organizational structure and selection, direction, and number of personnel, and that all management rights and management functions not expressly delegated in this Agreement are reserved to the School Board subject to the right of the Exclusive Representative to meet and confer as provided in the P.E.L.R.A. Section 2. Management Responsibilities: The parties recognize the right and obligation of the School Board to efficiently manage and conduct the operation of the School District within its legal limitations and with its primary obligation to provide educational opportunity for the students of the School District. Section 3. Effect of Laws, Rules, and Regulations: The parties recognize that all employees covered by this Agreement shall perform the services and duties prescribed by the School District. The parties also recognize the right, obligation, and duty of the School Board and its duly designated officials to promulgate reasonable rules, regulations, directives, and orders as deemed necessary insofar as such reasonable rules, regulations, directives, and orders are not inconsistent with the terms of this Agreement. The parties further recognize that the School Board, all employees covered by this Agreement, and all provisions of this Agreement are subject to the laws of the State of Minnesota, Federal laws, rules, and regulations of the State Board of Education, and valid rules, regulations, and orders of State and Federal governmental agencies. Any provision of this Agreement found to be in violation of any such laws, rules, regulations, directives, or orders shall be null and void and without force and effect.
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ARTICLE V EMPLOYEE RIGHTS Section 1. Right to Views: Pursuant to Minnesota State Law, nothing contained in this Agreement shall be construed to limit, impair, or affect the right of any employee or his/her representative to the expression or communication of a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment or circumvent the rights of the Exclusive Representative, nor shall it be construed to require any public employee to perform labor or services against his/her will. Section 2. Right to Join: Employees shall have the right to form and join labor or employee organizations, and shall have the right not to form and join such organizations. Section 3. Request for Dues Check Off: Employees shall have the right to request and be allowed dues check off for the Exclusive Representative and affiliated state and national organizations. Upon receipt of a properly executed authorization card of the employee involved, the School Board shall deduct from the employee's paycheck the dues that the employee has agreed to pay to the employee organization during the period provided in said authorization. Deductions shall be made each month and transmitted to the Exclusive Representative together with a list of names of the employees from whose pay deductions were made. Section 4. Personnel Files: Pursuant to Minnesota State Law, all evaluations and files generated within the School District relating to each individual principal shall be available during regular school business hours to each individual principal upon his/her written request. The principal shall have the right to reproduce any of the contents of the files at the principal's expense and to submit for inclusion in the file written information in response to any material contained therein, provided, however, the School District may destroy such files as provided by law. Section 5. School Mail: The Association shall have the right to reasonable use of the School District mail service and administration mail boxes to communicate with principals in quantities which do not interfere with the regular school mail operation. Section 6. School Buildings, Facilities, and Equipment: The Association shall have the right, upon request, to reasonable use of school buildings, facilities, and equipment subject to the right of the School Board to assess reasonable charges for additional custodial expenses or other additional operational expenses beyond normal maintenance costs resulting from such use provided further that said use shall not interfere with normal school activities or functions. Section 7. Association Representative: Representatives of the Association and their respective affiliates shall be permitted to transact official Association business on school property at reasonable times, provided that this activity shall not interfere with or interrupt normal school operations. Section 8. Information: The parties agree that the Association shall have access, upon reasonable notice, to appropriate and available information necessary for the Association to exercise its responsibilities as Exclusive Representative. 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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Section 9. Meet and Confer: The School Board shall afford the Association an opportunity to meet and confer pursuant to the P.E.L.R.A. concerning policies and other matters of interest to the Association which are not covered by this Agreement. Section 10. Principals' Rights: Nothing contained herein shall be construed to deny or restrict principals' rights which they may have under the Minnesota School Law or other applicable laws. ARTICLE VI DUTY YEAR Section 1. Principal Duty Days: The School District shall establish the calendar and principal duty days for each school year, and the principal shall perform services on such days as determined by the School District including those legal holidays on which the School District is authorized to conduct school. Principals who perform services for twelve (12) months shall have a duty year that consists of at least 222 duty days, 13 paid holidays, and 25 vacation days. Principals who perform services less than twelve months will not receive vacation days and holidays will be prorated. Section 2. Scheduling of Duty Days - Variance: The duty day schedule for principals each year shall be determined by the School Board upon recommendation of the Superintendent. Variance in such scheduled duty days may be allowed at the discretion of the Superintendent. Section 3. Work Stoppage: In the event of a strike or work stoppage by other employee groups, principals shall be on duty to carry out regular established policies and written directives from the Superintendent or his/her designee. Section 4. Emergency Closings: When schools are closed because of severe weather, principals shall not be required to report for work and shall not lose compensation or vacation time for missed days. Section 5. Accumulation of Vacation Days: Members of the Principals' Association may accumulate up to fifteen (15) vacation days by not using all permitted vacation days in a given year. These fifteen (15) days may then be added on to the next year's total. The vacation carryover will be determined annually on July 31. For unique and unusual opportunities, the School Board may grant a member of the Principals' Association additional paid vacation days at the discretion of the School Board. Vacation days must be approved by the appropriate School District Supervisor. ARTICLE VII BASIC COMPENSATION Section 1. Principals should be compensated for the each of the two contracted school years pursuant to Attachment B, retroactive to July 1, of each year. 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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Section 2. Salary Schedules in Attachment B: The wages and salaries reflected in Attachment B, attached hereto, shall be part of the Agreement for the 2015-2017 school years; subject to the right of the School District to withhold increases in the form of up to full increments for just cause. Members of the Principals' Association shall advance one step on the salary schedule for the 2015-2016 school year and/or receive a salary improvement if one is negotiated in the 2016-2017 contract subject to the right of the School District to withhold up to full increases for just cause. Members of the Principals' Association shall advance one step on the salary schedule for the 2015-2016 school year and/or receive a salary improvement if one is negotiated in the 2015-2017 contract subject to the right of the School District to withhold up to full increases for just cause. A salary increase shall not be withheld unless the principal is notified of the deficiency in writing. An action withholding a salary increase shall be subject to the grievance procedure. Section 3. Status of Salary Schedules in Attachment B: The salary schedules are not to be construed as a part of an principal's continuing contract. Section 4. Status of Salary Schedule Beyond the Expiration of This Contract on June 30, 2017: The parties agree that the length of salary schedule, increment increases, and specific salaries for members of the Principals' Association are subject to negotiations for the 2017-2019 contract. Section 5. Salaries for 2015-2016 and 2016-2017: All individual 2016-2017 salaries will remain in effect with no change, no advancement on salary schedule, no increments, and no merit adjustment until negotiations are completed between the School Board and the Principals' Association for the 2017-2019 contract. Section 6. Merit Adjustment: The School Board may elect to recognize outstanding performance of individual members of the Principals' Association by making one-time merit financial awards. The awards if provided by the School Board are payable on or before July 31 for outstanding performance for the previous year and are not added to the principal's salary. An amount not to exceed 1.5% of the total salary base for an principal may be awarded totally at the discretion of the School Board based upon the Superintendent's recommendation and the principal's evaluation. The decision to award or not to award a merit financial adjustment is not subject to the grievance procedure and is totally at the discretion of the School Board. Section 7. Doctoral Degree: Principals who hold an educational doctorate degree or a juris doctorate degree shall receive an annual one-thousand five hundred dollar ($1,500) stipend. Section 8.
Mileage payment shall be at the rate of the I.R.S. maximum allowable.
Section 9. Shorter Work Year: Principals working 52 weeks have the option to request a short work year. The salary for the shorter work year would be adjusted according to Section 13 in this Article.
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Section 10.
Attendance at State and National Meetings:
Subd. 1. Principals and associate principals shall be permitted to attend a national convention every other year and a regional convention during the alternate year. Principals and associate principals who cannot attend a national convention in their scheduled years, may accumulate one national convention to be used at their discretion. Principals and associate principals who wish to exercise this option must submit a written memo of request to the Superintendent or Superintendent’s designee by the end of the school year. However, a principal will not be permitted to attend more than one national convention in a school year unless approved by the Superintendent or the Superintendent’s designee. Subd. 2. There is no set number of state meetings that principals may attend. The number is determined by the budget and upon approval of the Superintendent. Subd. 3.
Attendance at an international conference, may occur at district discretion.
Section 11. Starting Salary: The Superintendent shall analyze the experience and education of new principals and shall recommend to the School Board the appropriate spot within the salary schedule at which the newly hired principal will start, never less than the minimum salary for the position as established by the salary schedule in Attachment B. The minimum salary shall be advertised wherever the position is posted. Section 12. Maintenance of Administrative Status: Principals, to maintain appropriate administrative licensure, shall follow the guidelines set by the State. If principals are required to attend summer school to meet those requirements, their vacation shall be extended by two weeks during that year. The principals will use 15 days of their vacation, for this purpose, allowing them to attend a five-week summer session and to have 10 days of vacation. The principals may schedule up to a two-week workshop, not to be deducted from vacation time, to meet these requirements. If principals attend summer school more often than every four years, they must use their own vacation time. Principals who desire to attend summer school more often than once every four years and who would be absent only a portion of the normal working day may request the Superintendent's approval to do so without reimbursing the School District. Section 13. Salary Deduction: Salary deduction for each day's absence for which salary is deducted shall be at a rate of 1/260 of the regular school year for all principals.
ARTICLE VIII GROUP INSURANCE Section 1. Selection of Carrier: The parties agree to meet and confer pursuant to the P.E.L.R.A. on the matter of selection of insurance carriers. It is further agreed that the final selection of the insurance carrier and policy shall be made by the School Board, so long as the insurance benefits provided are equal to or greater than those currently included in the policies now in force. 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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Section 2.
Medical-Hospitalization Insurance:
Subd. 1. Single Coverage: Effective with this Agreement, the School District will contribute a sum not to exceed $470.00 per month toward the cost of the premium for the medical-hospitalization plan for individual coverage for each principal employed by the School District who qualifies for and is enrolled in one of the group’s medicalhospitalization plan. The cost of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. Subd. 2. Family Coverage: Effective with this Agreement, the School District will contribute a sum not to exceed $1,181.97 per month toward the cost of the premium for the medical-hospitalization plan for family coverage for each principal employed by the School District who qualifies for and is enrolled in one of the group’s medical hospitalization plans and is eligible for family coverage. The cost of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. Subd. 3. The School District shall offer a high-deductible health insurance plan coupled with a HRA (Health Reimbursement Account) in addition to its other health insurance plan. Each employee who chooses to enroll in the high deductible/HRA plan shall receive a School District contribution to a HRA account set up for that employee. The following provisions shall apply to the high-deductible HRA plan offered by the School District: a. Single Coverage: The deductible on a single policy will be $2,000. The School District will make a $1,500 annual contribution, paid on a semi-annual basis, to the employee’s HRA account. The School District shall pay $375 monthly towards the basic single premium for the high-deductible plan. As of January 1, 2016, the District shall pay $475 monthly towards the cost of the basic single premium for the high-deductible plan. The cost of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. b. Family Coverage: The deductible on a dependent policy will be $4,000. The School District will make a $3,000 annual contribution, paid on a semi-annual basis, to the employee’s HRA account. The School District shall pay $931.91 monthly toward the cost of the dependent premium for the high-deductible plan. As of January 1, 2016, the District shall pay $1,115 monthly toward the cost of dependent premium for the high-deductible plan. The cost of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. c. If a qualified employee enters the HRA plan as a participant on a date after January 1, the School District shall prorate the amount of the School District HRA contribution to reflect the late entry. This prorated amount will be determined by comparing the number of days for which the employee is contracted to the total contract days of a full time employee. d. If an employee submits evidence of hardship, the School District will make the remainder of the annual contribution to the employee’s HRA account in one payment. Upon such a payment, no further School District contributions will be 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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made for the remainder of the year. If the employee who has received this payment either voluntarily or involuntarily terminates employment with the School District or terminates coverage under the School District’s high deductible/HRA plan prior to the end of the payment year, the employee will be responsible for repaying the School District for any portion of the School District’s lump sum HRA contribution which was associated with the time period in which the employee was no longer employed by the School District. Section 3. Alternative Health Plan: The School Board agrees to contribute sums equal to those specified in Section 2, Subd. 1, and 2, for employees enrolled in the Group Health Insurance Plan if the individual principal so elects pursuant to all other provisions of this section. Any costs of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. Participation in this alternative plan shall be available after providing a reasonable time for processing of such requests. Section 4. Group Income Protection: The School District will pay the premium for income protection insurance for all principals. The income protection plan shall include the following: 1. Benefits begin after sixty (60) calendar days of total disability. 2. The monthly income benefits shall be 66 2/3% of the basic monthly earnings (exclusive of additional compensation). 3. Benefits will be paid for disability due to an accident or illness as long as the principal remains totally disabled up to the date of his/her 70th birthday. Section 5.
Life Insurance:
Subd. 1. The School District shall pay the full premium for a term life insurance policy for each principal in the amount of $150,000. An eligible principal has the option to carry a School District-paid life insurance policy less than $150,000, but at least $50,000. The difference in the School District's cost for a $150,000 premium and a lesser premium may be used by the employee towards organizational dues and/or the cost of premiums of School District-sponsored insurance plans for which the employee is entitled. Subd. 2. The School District shall also arrange the life insurance program so that a principal may purchase additional life insurance at the employee's own expense through payroll deduction, a minimum of $10,000.00 or an amount not to exceed $150,000 contingent upon insurance carrier's approval. Subd. 3.
All principals are insured while employed by the School District.
Subd. 4.
Any new life insurance adjustment becomes effective July 1 of each year.
Subd. 5. Effective as soon as practical after the execution of this Agreement, the School District shall arrange for the life insurance program to provide options for additional dependent and spouse coverage at the principal's expense. Section 6. Dental Insurance: As of January 1, 2016, the School District shall pay toward the cost of dental insurance for each employee at the rate not to exceed $107 per month for family 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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premium and $39 for a single premium. Section 7. Eligible Employees: The parties agree that all principals shall be eligible for group insurance benefits as provided in this Article. Section 8. Claims Against the School District: The parties agree that any description of insurance benefits contained in this Article are intended to be informational only and the eligibility of any employee for benefits shall be governed by the terms of the insurance policy purchased by the School District pursuant to this Article. It is further understood that the School District's only obligation is to purchase an insurance policy and pay such amounts as agreed to herein, and no claim shall be made against the School District as a result of a denial of insurance benefits by an insurance carrier. Section 9. Duration of Insurance Contribution: An employee is eligible for School District contributions as provided in this Article as long as the employee is enrolled in the School District insurance plan and is employed by School District No. 624 and is on paid status. Upon termination of employment, all School District participation and contribution shall cease, effective on the last day of the month in which employment ceases, as provided in those sections of this contract that relate to separation of service or leaves. Section 10. Errors and Omissions Insurance: The School District shall purchase and pay the full premium for a policy on Errors and Omissions insurance.
ARTICLE IX LEAVES OF ABSENCE Section 1.
Sick Leave:
Subd. 1. Employees who perform services for twelve (12) months shall accrue sick leave at the rate of eighteen (18) days per year. Employees who perform services less than twelve (12) months shall accrue prorated sick leave. Employees new to the School District shall be advanced 36 days with additional days accruing at the beginning of the employee's third year of employment. Unused sick leave days shall accumulate to an unlimited amount. Subd. 2. An absence resulting from the death of a member of the employee’s immediate family (spouse, child, sibling, parent, guardian, or any other relative or nonrelative who stands in the same relationship with the principal) may be extended up to five (5) days with no salary deduction for each incident. Additional leave may be granted under these provisions for special circumstances at the discretion of the Superintendent. These leave days will be deducted from cumulative days credited to the employee under sick leave. Leave will be granted to employees due to the serious illness of an adult child, spouse, sibling, parent, grandparent, or step-parent for reasonable periods of time as the employee’s attendance may be necessary up to 160 hours, or pursuant to Minn. Stat. 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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§181.9413, whichever is less. This provision is not meant to increase or decrease the amount of leave otherwise provided in this Article except as otherwise required by law. An absence related to serious illness of guardian, or any other relative or non-relative who stands in the same relationship with the principal may be extended to five (5) days. Such days will be deducted from the employee’s individual leave account. Subd. 3. A principal who is unable to provide service because of personal illness or disability and who has exhausted all accumulated paid leave may be granted additional paid sick leave by a majority vote of the School Board. Principals who have exhausted all accumulated sick leave and who are not granted additional days of paid sick leave shall receive a leave of absence without pay for the duration of such illness or disability up to one (1) year; and the leave may be renewed each year at the discretion of the School Board upon written request of the principal. Subd. 4. When deemed necessary, the School Board may require a statement from the attending physician or similar statement from the school nurse in support of any absence due to a disability. Subd. 5. Upon termination of an employee's employment for any reason, all sick leave, current or cumulative, shall be immediately and automatically cancelled, except as provided in separation of service and severance pay calculations. Exceptions are any employees returning from unrequested leave or employees rehired whose services have been continuous. Subd. 6. Sick leave allowed shall be deducted from the accrued sick leave days earned by the principal. Subd. 7. Principals who become totally disabled and subsequently qualify for longterm disability benefits may elect to use remaining sick leave on a prorated basis so long as their combined disability insurance and prorated sick leave benefits do not exceed one hundred percent (100%) of their normal monthly earnings. When principals are injured on the job in the service of Independent School Subd. 8. District No. 624 and collecting compensation insurance as well as drawing on sick leave and receiving full salary from the School District, their salary shall be reduced by an amount equal to the insurance payments and only that fraction of the days not covered by the insurance will be deducted from their accrued sick leave. Section 2.
Sabbatical Leave:
A principal may apply for sabbatical leave at 70% of pay after 7 years of Subd. 1. experience in the School District and 80% of pay after 10 years of experience in the School District for reasons of further educational training at an accredited college or university. The pay above 50% of salary shall be repaid to the School District. Two types of leave are provided: a.
Up to a 52-week consecutive term beginning at such time as may be consistent with college calendars.
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b.
A program consisting of a percentage of the time spent at the educational institution and a corresponding percentage of the time spent in the School District. Such percentages will be mutually agreeable to the Superintendent and the sabbatical candidate.
Subd. 2. Travel or foreign teaching is not approved for sabbatical leave, but Administrative Exchange may be permitted at the discretion of the Superintendent. Subd. 3. The salary above 50% of the salary received by the principal during his/her sabbatical leave may be repaid in one, two, or three years following the principal's return, at the discretion of the principal. Subd. 4. The Superintendent shall recommend to the School Board which principals shall be granted sabbatical leaves. Principals who receive a sabbatical leave must return for a minimum of two years of service, or repay the salary paid by the School District. Principals who are granted sabbatical leaves will return at the salary they would be receiving if they had not left. Principals will return to the same positions they had, unless otherwise mutually agreed upon by the principal and the Superintendent. Subd. 5. The principal may accept scholarships or attend institutes without reduction in benefits under this policy. Subd. 6. The School District will provide the same insurance benefits for a principal on sabbatical leave as provided other licensed employees. The salary on which income protection is determined is the last yearly salary before taking the sabbatical leave. Subd. 7. Sick leave days may be accumulated. The employee on sabbatical leave shall certify to the Superintendent the number of days that have been accumulated during the sabbatical leave of absence. Section 3.
General Leaves of Absence:
Subd. 1. Principals with a minimum of two (2) years of experience in the White Bear Lake School District may apply in writing for an unpaid leave of absence for reasons of professional growth. The professional growth may be in further education, travel, or foreign teaching. Subd. 2. Board.
The granting of such leave is solely within the discretion of the School
Subd. 3. Applicants for leaves of absence must present an outline of courses or itinerary of travel to be considered. Subd. 4. Principals who are granted leaves of absence will be notified by the School District by February 1 of the leave year that the principal must by April 1 of the leave year indicate an intent to return to School District 624. Principals who are granted leaves of absence for reasons of professional growth will return at the salary they would be receiving if they had not left. A principal will return to the same position the principal had, unless otherwise mutually agreed upon by the principal and the Superintendent.
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Subd. 5. Medical-hospitalization insurance, dental, and life insurance programs may be continued by the employee on leave of absence under this section by paying the premium in advance. The School District does not contribute to the cost of the insurance. There is no accumulation of sick leave while the employee is on a general leave of absence. Subd. 6. The School Board may allow leaves of absence for other reasons than those listed in this Section. Section 4.
Child Care Leave:
Subd. 1. A principal shall be afforded a child care leave of absence provided the principal follows the procedures outlined in this Section. Subd. 2. A child care leave may be granted by the School District to one principalparent of a natural, adopted, step or foster child, provided that the principal-parent is caring for the child on a full-time basis. Subd. 3. A principal shall notify the Superintendent in writing of the request to take leave at least thirty (30) days before commencement of the intended leave, and also at such time, if necessary, provide a physician’s statement as needed indicating the estimated date of delivery of the child. Subd. 4. A principal shall submit a written request to the Superintendent for a child care leave including commencement date and return date. Subd. 5. The length of the leave shall be determined by the principal but may not exceed twelve (12) weeks, unless agreed to by the Superintendent. The effective beginning date of such leave and its duration shall be mutually agreed upon by the principal and the Superintendent, but shall not begin more than six (6) weeks after the birth or adoption of a child (including foster or step child), except in the case where the child must remain in the hospital longer than the mother and the leave may not begin more than six (6) weeks after the child leaves the hospital. In the event of a dispute on the dates of leave, the following criteria shall be considered by the Superintendent in making a recommendation to the School Board who shall determine the leave dates based upon the same criteria. a. The effectiveness and continuity of the instructional program for the students. b. The desires of the principal. c. The ability of the principal to perform regular duties. d. The recommendation of the principal's physician, if any. Subd. 6. In making a determination under Subd. 5 concerning the commencement and duration of a child care leave of absence, the School District may, but shall not, in any event, be required to: a. Grant any leave more than twelve (12) months in duration. 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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b. Permit the principal to return to his or her employment prior to the day 1) designated in the approved child care leave request, except by mutual agreement. Subd. 7. If the principal complies with all provisions of this Section and a child care leave is granted by the School District, the School District shall notify the principal in writing of its action. Subd. 8. A principal returning from child care leave shall be employed in a comparable position for which he or she is licensed, but not necessarily the same assignment, unless otherwise mutually agreed upon by the principal and Superintendent, subject to the following conditions: a. The principal would have been discharged or placed on unrequested leave of absence. b. That the principal returns on the date designated on the request for leave approved by the School District unless a different date of return is mutually agreed upon by the parties. c. That a principal on leave longer than one (1) month must notify the Superintendent at least two (2) weeks prior to the principal’s intent to return from leave. Subd. 9. The parties agree that the period of time for which the principal is on child care leave shall not be counted in determining the completion of the probationary period. However, in no event shall the principal be required to serve a greater length of probation than any other probationary principal. Subd. 10. Excluding eligibility for the Family Medical Leave Act, a child care leave of absence granted under this Section shall be a leave without pay during the period of the child care leave. Subd. 11. A principal adopting a child shall be entitled, upon request, to a leave to begin at any time during the first year of adoption or prior to receiving custody, if necessary in order to fulfill the requirements of adoption. Such requests for adoption leave shall be submitted in writing to the Superintendent at least thirty (30) days prior to the commencement of the leave, except in an emergency. Section 5.
Family Medical Leave Act:
Subd. 1. Purpose: Pursuant to the FMLA, 29 U.S.C. § 2601 et seq., an eligible employee shall be granted, upon written request, up to a total of twelve (12) weeks of leave (paid or unpaid) per twelve (12)-month period in connection with the following: a. b. c. d.
the birth and first-year care of his/her child; the adoption or foster placement of his/her child; the serious health condition of an employee's spouse, child, or parent; and the employee's own serious health condition.
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Subd. 2. Salary and Fringe Benefits: Such leave shall be unpaid, except an eligible employee, during such leave, shall be eligible for regular School District group health and hospitalization insurance contributions as provided in this Agreement for a period of the leave, notwithstanding any other provisions of this Agreement. Subd. 3. Eligibility: To be eligible for the benefits of this section, an employee must have been employed by the School District for the previous twelve (12) months and must have been employed for at least 1,250 hours during such previous twelve (12)-month period. Subd. 4. Paid Leave Under the Agreement: While FMLA leaves, except for eligible insurance contributions as provided in Subd. 2. above, are unpaid, nothing shall preclude an employee from utilizing paid leave otherwise provided in this Agreement, provided the employee qualifies for the paid leave; i.e., sick leave, vacation or personal leave, pursuant to the provisions of this Agreement governing such leaves. Subd. 5. Notification: When the reason for leave is foreseeable, the employee shall make a written request for said leave at least thirty (30) days prior to the beginning of the leave. The employee shall further make reasonable efforts to schedule any treatment so as to minimize disruption of the work of the School District. Section 6.
Emergency and Essential Leave:
Subd. 1. Principals may be granted emergency and essential leave under this section at the discretion of the Superintendent or designee. Subd. 2. Examples of absences that are excused under this leave are: required court appearances involving the employee's private family matters, necessary business that cannot be accomplished after school or on Saturday, and emergency situations over which the employee has no control when such absences are not covered under other provisions of this Agreement. Subd. 3. These days of leave shall be deducted from cumulative days credited to the employee under sick leave. Subd. 4. Application for emergency leave shall be made in writing to the Director of Human Resources a minimum of three days in advance of the absence, unless the absence is an immediate emergency. Section 7. Military Leave: Military leave shall be granted pursuant to applicable laws; and the principal called for selective service physical examinations shall be excused without loss of pay for such purposes. Section 8. Other Leave Rules: No long-term leave will be granted with or without pay unless specifically authorized by the School Board. Short-term leaves may be authorized directly by the Superintendent but shall be subject to deduction in pay. Section 9. Insurance Application: A principal on leave is eligible to continue to participate in group insurance programs if permitted under the insurance policy provisions but shall pay the entire premium for such programs as he/she wishes to retain commencing with the beginning of 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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the leave. It is the responsibility of the employee to make arrangements with the School District Human Resources Office to pay to the School District the monthly premium amounts in advance and on such date as determined by the School District. The right to continue participation in such group insurance programs, however, will discontinue upon termination of employment, except if a person qualifies for separation of service benefits. Section 10. Accrued Benefits: Except as otherwise provided herein, principals on leave under Section 1, Subd. 2, 3, and 4 of this Article shall retain such amounts of experience credit for pay purposes and other accrued benefits, if any, which they had accrued at the time they went on leave for use upon their return. No additional experience credit for pay purposes or other benefits shall accrue for the period of time that an employee is on leave under this Section. Section 11. Extensions: All leaves may be extended by mutual agreement between the School Board and the principal.
ARTICLE X VACANCIES AND TRANSFERS Section 1.
Publishing of Vacancies:
Subd. 1. Where a permanent vacancy in any principal position in the White Bear Lake School District shall appear, the Board shall direct the Department of Human Resources to publish a notice of such vacancy on the School District website. The vacancy announcement shall be directed to the Association prior to the position being posted. No vacancies shall be filled until notice of such vacancies shall have been posted for at least 10 calendar days. A position description and other pertinent information shall be accessible, and the minimum salary shall be advertised wherever the position is posted. The School District may fill vacancies of a temporary nature pending posting of vacancies and processing of applications. Vacancies of a temporary nature defined as likely to exist for less than a year need not be posted. Subd. 2. Any principal possessing the necessary qualifications may apply for a vacancy, and all applications shall be carefully considered. All applications shall be in writing and shall set forth the position for which the applicant is to be considered. Subd. 3. Unsuccessful candidates for a position shall be so notified in writing within one week of the decision. Section 2.
Transfers - Voluntary:
Subd. 1. Principals may apply for a transfer to a specified or unspecified location at any time during the school year. Subd. 2. Principals desiring a transfer shall submit a written request to the Superintendent stating the reason for the request. Such requests shall be acknowledged promptly in writing.
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Section 3. Transfers - Involuntary: Notice of involuntary transfer shall be given to the principal involved immediately upon knowledge of such transfer. An involuntary transfer shall be made only after a meeting between the principal and the Superintendent or his/her designee, at which time the principal shall be notified of reasons for the transfer.
ARTICLE XI SEPARATION OF SERVICE Section 1. Principals who qualify for separation of service pay as described in Section 5 of this Article (XI) must submit a written resignation, accepted by the School District, at least six (6) months in advance of a planned separation of service date. For any resignation received without six (6) months advanced notice, the pay provided upon separation of service will be available in the second fiscal year following separation of service unless an expedited payment plan is approved by the School Board. Separation of service pay shall be excluded from separation of service deductions and from any calculations in separation of service benefits. This Article shall apply to all eligible principals covered in this Agreement so long Section 2. as they do not receive retirement or separation of service benefits from another collective bargaining agreement entered into by the School Board. Section 3. Principals who qualify for separation of service pay as described in Section 5 of this Article (XI), shall receive as severance pay an amount representing present contract salary inclusive of any unused sick or vacation days, as of the date of separation, not to exceed one year's salary. If a principal is on an approved leave of absence, the daily rate will be the last contracted salary. Section 4.
Total separation of service pay will be reduced by an amount equal to any and all School District contributions toward the matching annuity plan as specified in Article XII.
Section 5. Principals who are employed by the School District as of January 1, 1992, will have an option to select one of the plans (Plan A or Plan B) detailed below at the time he/she separates from service. Principals hired after January 1, 1992, and before June 30, 1994, must qualify for separation of service pay in accordance with Plan B. Principals hired after June 30, 1994, are eligible for separation of service pay under Plan C. Plan A.
A principal who is employed by the School District on January 1, 1992, and who is at least forty-five (45) years of age is eligible for separation of service pay as defined in Section 3 and 4 of this Article upon completion of ten (10) years of teaching or administrative service in the School District.
Plan B.
A principal who is employed by the School District prior to July 1, 1994, who has at least twenty-five (25) years of teaching or administrative experience, fifteen (15) years of which have been in the School District, is eligible for separation of service pay as defined in Section 3 and 4 of this Article.
Plan C.
A principal who is employed by the School District after June 30, 1994, is not eligible for separation of service pay. For said principal, effective with this agreement, the School District will contribute an additional $2000 to the
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principal’s annual salary. This plan (Plan C) is also available for principals hired prior to July 1, 1994, who by July 1, 1994, have elected to forgo their entitlement to either Plan A or Plan B. Section 6. Upon separation of service under this Article XI, a principal whose severance pay has not exceeded one year’s salary per Section 3, shall be entitled to payment for any unused vacation days accrued and earned pursuant to the provisions of this paragraph up to twenty (20) days at bargaining member’s daily rate of pay, if the separation of pay notice has been received on or before January 15 before the end of school year of separation or minimum of four (4) months in advance for mid-year separation of service. The vacation payout will be based on the daily rate of pay calculated on the annual salary at the date of separation. The Superintendent or his/her designee may waive the separation of service notice requirements; however, under no circumstances shall the Superintendent’s (his/her designee) decision to waive the notice be construed as establishing a past practice or prejudice the School District’s right to enforce such notice requirements at its discretion. Section 7. Separation of service pay and vacation payout shall not be granted to any principal who is discharged for cause by the School District. Section 8. Principals have the option to delay their first payment until after January 1 of the year following the year in which they separate from service and may also spread the total payments over a five year period or have the School District purchase a full face value annuity. Section 9. If a principal qualifies for separation of service pay but dies before all or a portion of the payments have been dispersed, that balance due shall be paid to a named beneficiary or, lacking same, to the deceased's estate. Section 10. Insurance Benefits Upon Terminating Employment: Upon separation of service, the principal shall be eligible to continue participation in the School District’s group medicalhospitalization, dental, and group life insurance plans or individual plans as selected by the principal. The principal's right to participation and School District-paid premiums in such group insurance will be for a period of ten (10) years, for employee's eligible for and enrolled in separation of service pay options as prescribed in Article XI, Section 5, Plan A or Plan B. A principal retiring with the prescribed number of service years as defined in Article XI, Section 5, Plan B, with enrollment in Plan C, shall also have the right to a School District-paid group insurance premiums for a period of ten (10) years. Subd. 1. The School District will provide single and family hospital and medical and dental insurance coverage plans in accordance with Article VIII, Section 2 for the principal in effect at time of separation of service. The principal may choose from insurance plans as listed in Article VIII, and receive single or family coverage. a.
If principal opts out of the School District family coverage at time of separation of service, the principal shall not be eligible to re-enroll in any School District family insurance plans.
Subd. 2. The principal, upon the completion of the ten (10) year time period of School District paid insurance, may elect to enroll in all or part of the insurance programs at the principal’s expense, contingent upon insurance company approval. 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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Subd. 3. A principal who separates from service from the School District after the age of 52 with at least fifteen years of service in the School District may elect to delay up to five years his or her School District-paid group insurance contributions contained in Article XI, Section 10. In no event, though, would the School District-paid contributions continue for more than ten years. Subd. 4. These benefits shall not apply if the principal is discharged for cause by the School District. Section 11. Post-Separation Savings Plan for Medical Care: For the 2015-2017 school years, the School District shall contribute the sum of $1200 to a post-separation medical-care savings plan for principals who opt out of the possibility of a School District-paid post-separation benefit as per Section 10 above. Once this opt-out option is activated, in writing, the principal will no longer be eligible for any post-separation insurance.
ARTICLE XII MATCHING ANNUITY PLAN Section 1. Matching Annuity: Effective July 1, 1994, a principal may participate in a School District matching annuity program as provided in M.S. 356.24 according to the provisions contained in this Article. Section 2. School District Contribution: The maximum annual School District contribution shall be $3,000. The principal's annual contribution shall be the maximum amount, or be diminished by increments of $500 per year. ARTICLE XIII UNREQUESTED LEAVE OF ABSENCE AND SENIORITY POLICY Section 1. Unrequested Leave. Both parties acknowledge that they are governed by Minnesota Statute 122A.40 regarding unrequested leave of absence, except as otherwise provided in this Article. Because the collective bargaining agreement covers two positions; namely Principal and Associate Principal, with differing rights, this Article will refer to members of the bargaining unit where appropriate and the particular position; i.e., Principal or Associate Principal, in defining rights for the particular position. Section 2. Ties in Seniority. In the event of a staff reduction, action affecting principals whose first day of employment commenced on the same date and have equal seniority, the selection of the bargaining unit member for purposes of discontinuance shall be at the discretion of the School District based upon criteria including performance, training, and experience. Section 3. School District Seniority. The School District shall promulgate an annual seniority list of all licensed employees in the School District. A bargaining unit member who disputes his/her standing in the list promulgated by the School District may process a grievance pursuant 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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to the grievance procedures. Bargaining unit members shall have School District seniority based on continuous work experience in the School District, excluding internships from the first day of service and shall have School District seniority rights from their first day of contracted work as a licensed employee pursuant to Minnesota Statutes. However, bargaining unit members shall have seniority within the bargaining unit only as provided in Section 4 hereof. Section 4.
Bargaining Unit Seniority Date
Subd. 1. Bargaining unit members shall acquire and may exercise seniority rights within the bargaining unit consistent with the provisions of this Section. Subd. 2. Bargaining unit members will have seniority and may exercise seniority rights as a Principal or Associate Principal in the bargaining unit only within a given position (Principal or Associate Principal) and grade level assignment (elementary or middle school/high school) as determined by length of service in the particular position, particular assignment, and appropriate licensure. Subd. 3. To exercise seniority in the event of a layoff action, a Bargaining unit member must: a.
Have the requisite licensure.
b.
Have been assigned and successfully performed in the particular grade level assignment in the School District (e.g., elementary or middle school/high school).
c.
For purposes of this Section, a bargaining unit member’s seniority date will be the first date of employment in the particular position and grade level assignment (e.g., Principal or Associate Principal, Middle School/High School).
d.
In order to exercise seniority in reference to layoff or recall, a Principal can only exercise rights within the seniority lists as outlined in Subd. 4 hereof, except a Principal may exercise such rights over an Associate Principal assuming the Principal has the appropriate licensure and has been assigned and successfully performed in the particular grade level assignment.
e.
For purposes of bumping rights based on seniority, a bargaining unit member otherwise eligible to bump can combine all years of seniority service in the bargaining unit if the bargaining unit member is bumping into a lower pay grade. However, a bargaining unit member may only exercise seniority in the particular seniority category for purposes of bumping for a lateral or high seniority category.
f.
For purposes of this Article, the pay grade ranking from highest to lowest is as follows: 1) 2) 3) 4) 5)
Senior High Principal Middle School Principal Elementary School Principal Associate High School/Middle School Principal Associate Elementary School Principal
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g.
Notwithstanding any other provisions of this Article, a bargaining unit member may not bump from a lower pay grade to a higher pay grade; e.g., a High School Principal may bump a Middle School Principal or a High School Principal may bump a Middle School Associate Principal but a Middle School Principal or Middle School Associate Principal cannot bump a High School Principal.
Subd. 4. The School District will maintain the following seniority lists, and a bargaining unit member’s name shall appear on each list where the bargaining unit member maintains appropriate licensure and has successfully performed in the particular grade level assignment and position in the White Bear Lake School District Principals’ Association: a.
Principal, High School or Middle School – First day of service White Bear Lake Principals’ Association
b.
Principal, Elementary School – First day of service White Bear Lake Principals’ Association
c.
Associate Principal, High School or Middle School – First day of service White Bear Lake Principals’ Association
d.
Associate Principal, Elementary School – First day of service White Bear Lake Principals’ Association
Section 5. Vacation Payout. A bargaining unit member, placed on unrequested leave of absence under this Article XIII, shall be entitled to payment for any unused vacation days accrued and earned pursuant to the provisions of this paragraph up to twenty (20) days. The vacation payout will be based on the daily rate of pay calculated on the annual salary at the date of leave. Section 6. Leaves of Absence. Time spent on approved leaves of absence, from which the employee returns to service in the School District, shall be counted up to a maximum of two (2) years when determining seniority. Section 7. Effect. The original seniority date shall be retained by any employee whose employment has been legally terminated by resignation or termination pursuant to M.S. 122A.40, but whose employment was subsequently reinstated by the employer without actual interruption of regular service. ARTICLE XIV MISCELLANEOUS Section 1. Publication of Contract: Copies of this Agreement shall be published at the expense of the School District within thirty (30) days after the Agreement is signed and a copy will be presented to all principals now employed. Further, the School District shall publish this Agreement on the School District website for the Association’s use.
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Section 2. Tax-Sheltered Annuities: The School Board shall provide information regarding available tax-sheltered annuity programs and shall make policies to allow for employees to have deductions made from their paychecks for purposes of such programs. An individual principal has the option to defer any retroactive payment until January l. Section 3. Application of Benefits: It is understood that fringe benefits, Article VIII, and leave provisions, Article IX, apply to regularly contracted principals who are employed during the school year. Section 4. Grievances: The procedure for the filing of a grievance is provided in Article XV. A form which must be used for filing of grievances will be provided by the School District and is attached as Attachment A. Such forms shall be readily accessible on the School District website and is incorporated in this Agreement. Section 5. Retroactive Payments: Schedule B as soon as practicable. Section 6. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
Employees shall receive retroactive pay pursuant to
Holidays: Twelve-month principals shall have the following paid holidays:
New Year's Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day New Year's Eve Day Floating Holiday (district designated) 2 Floating Holidays (employee designated)
Section. 7. Professional Development: Effective July 1, 2015, the School District will pay a sum not to exceed one-thousand five-hundred dollars ($1,500) per year toward the cost of professional fees incurred for national, state, and local associations professional organizations or toward other expenses incurred toward educational/professional development. With proper approval, a member may carryover $1,000 into the second year of the contract for the purpose of making a technology purchase; devices purchased through this method shall remain the property of the principal upon separation from the District. Additionally, the District will pay the membership dues of one professional organization (e.g. MASSP/NASSP or MESPA/NAESP) per year for each member of the Principals’ Association with the exception of the Activities Director, whose role requires membership in professional organizations aligned with the Principals’ Association, as well as the Activities Directors’ Association (MnIAAA). In this case, the District will pay the membership dues incurred by the Activities Director for both professional organizations. ARTICLE XV GRIEVANCE PROCEDURE Section 1.
Grievance Definition: A "Grievance" shall mean an allegation by the employee
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resulting in a dispute or disagreement as to the interpretation or application of any term or terms of this Agreement. Section 2. Representative: The employee or School District may be represented during any step of the grievance procedure by any person or agent designated by such party to act in his/her behalf. Section 3.
Definitions and Interpretations:
Subd. 1. Extension: Time limits specified in this agreement may be extended by mutual agreement. Subd. 2. Days: Reference to days regarding time periods in this procedure shall refer to working days. A working day is defined as all week days not designed as holidays by State law. Subd. 3. Computation of Time: In computing any period of time prescribed or allowed by procedures herein, the date of the act, event, or default for which the designed period of time begins to run shall not be included. The last day of the period so computed shall be counted, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. Subd. 4. Filing and Postmark: The filing or service of any notice or document herein shall be timely if it is personally served, electronically filed or if it bears a certified postmark of the United States Postal Service within the time period. Section 4. Time Limitation and Waiver: Grievances shall not be valid for consideration unless the grievance is submitted in writing to the School Board's designee, setting forth the facts and the specific provision of the Agreement allegedly violated and the particular relief sought within twenty days after the date the event giving rise to the grievance occurred. Failure to submit in writing (see Attachment A) or in electronic format, any grievance within such period shall be deemed a waiver thereof. Failure to appeal a grievance from one level to another within the time periods hereafter provided shall constitute a waiver of the grievance. An effort shall first be made to adjust an alleged grievance informally between the employee and the School Board's designee. Section 5. Adjustment of Grievance: The parties shall attempt to adjust all grievances which may arise during the course of employment of any employee within the School District in the following manner: Subd. 1. Level I: If the grievance is not resolved through informal discussions, the Superintendent’s designee shall give written decision on the grievance to the parties involved within ten days after receipt of the written grievance. Subd. 2. Level II. In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within five days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent shall set a time to meet regarding the grievance within ten days after receipt of the appeal. Within ten days after the meeting, the Superintendent or his/her designee shall issue a decision in writing to the 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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parties involved. Section 6. Denial of Grievance: Failure by the School District or its representative to issue a decision within the time periods provided herein shall constitute a denial of the grievance and the employee may appeal it to the next level. Section 7. Arbitration Procedures: In the event that the employee and the School District are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein. Subd. 1. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party, and such request must be filed in the office of the Superintendent within ten days following the decision in Level II. Subd. 2. Prior Procedure Required: No grievance shall be considered by the arbitrator which has not been first duly processed in accordance with the grievance procedure and appeal provisions. Subd. 3. Selection of Arbitrator: Upon the prior submission of a grievance under the terms of this procedure, the parties shall, within ten days after the request to arbitrate, attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached, either party may request the Bureau of Mediation Services to provide a list of seven (7) arbitrators, pursuant to P.E.L.R.A., providing such request is made within twenty days after request for arbitration. The request shall ask that a list of arbitrators be provided within thirty(30) days after the receipt of said request. Failure to agree upon an arbitrator or the failure to request a list of arbitrators from the BMS within the time periods provided herein shall constitute a waiver of the grievance. Subd. 4. Submission of Grievance Information: a)
Upon appointment of the arbitrator, the appealing party shall within five days after notice of appointment forward to the arbitrator, with a copy to the School Board, the submission of the grievance which shall include the following: 1) 2) 3) 4)
b)
The issues involved Statement of the facts Position of the grievant The written documents relating to Section 5 of the grievance procedure.
The School District may make a similar submission of information relating to the grievance either before or at the time of the hearing.
Subd. 5. Hearing: The grievance shall be heard by a single arbitrator, and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing denovo. Subd. 6. Decision: The decision by the arbitrator shall be rendered within thirty days after the close of the hearing. Decisions by the arbitrator in cases properly before the arbitrator shall be final and binding upon the parties, subject, however, to the limitations 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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of arbitration decisions as provided by in the P.E.L.R.A. Subd. 7. Expenses: Each party shall bear its own expenses in connection with arbitration including expenses relating to the party's representatives, witnesses, and any other expenses which the party incurs in connection with presenting its case in arbitration. A transcript or recording shall be made of the hearing at the request of either party. The party ordering a copy of the transcript shall pay for such copy. The parties shall share equally fees and expenses of the arbitrator, the cost of the transcript or recording if requested by both parties, and any other expenses which the parties mutually agree are necessary for the conduct of the arbitration. Subd. 8. Jurisdiction: The arbitrator shall have jurisdiction over disputes or disagreements relating to grievances properly before the arbitrator pursuant to the terms of this procedure. The jurisdiction of the arbitrator shall not extend to proposed changes in terms and conditions of employment as defined herein and contained in this written agreement, nor shall an arbitrator have jurisdiction over any grievance which has not been submitted to arbitration in compliance with the terms of the grievance and arbitration procedure as outlined herein, nor shall the jurisdiction of the arbitrator extend to matters of inherent managerial policy, which shall include, but are not limited to such areas of discretion or policy as the functions and programs of the employer, its overall budget, utilization of technology, the organizational structure, and selection and direction and number of personnel. In considering any issue in dispute, in its order, the arbitrator shall give due consideration to the statutory rights and obligations of the public School Board to efficiently manage and conduct its operation within the legal limitations surrounding the financing of such operations.
ARTICLE XVI DURATION Section 1. Term and Re-opening Negotiations: This Agreement shall remain in full force and effect upon its execution through June 30, 2017, and thereafter until modifications are made pursuant to the P.E.L.R.A. If either party desires to modify or amend this Agreement commencing on July 1, 2015, it shall give written notice of such intent no later than May 1, 2017. Section 2. Effect: This Agreement constitutes the full and complete Agreement between the School Board and the Exclusive Representative representing the principals of the School District. The provisions herein relating to terms and conditions of employment supersede any and all prior Agreements, resolutions, practices, School District policies, rules, or regulations concerning terms and conditions of employment inconsistent with these provisions. Section 3. Finality: Any matters relating to the current contract term, whether or not referred to in this Agreement, shall not be open for negotiations during the term of this Agreement except by mutual agreement of the parties. Section 4. Severability: The provisions of this Agreement shall be severable if any provision thereof or the application of any such provision under any circumstances is held invalid, it shall not affect any other provisions of this Agreement or the application of any provision thereof. Any substitute provision shall be subject to negotiation between the parties of this Agreement. 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
FOR:
FOR:
White Bear Lake Principals' Association 4855 Bloom Avenue White Bear Lake, MN 55110
White Bear Lake Independent School District 624 4855 Bloom Avenue White Bear Lake, MN 55110
Association President
_____________________________________ School Board Chairperson
Association Negotiator
_____________________________________ School Board Clerk
Association Negotiator
Association Negotiator
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ATTACHMENT A GRIEVANCE REPORT FORM Independent School District No. 624 White Bear Lake, Minnesota
Name
Building
Date Grievance Occurred
Statement of Facts:
Specific Provisions of Agreement Allegedly Violated:
Particular Relief Sought:
Dated: Signature of Grievant
Copies to:
Superintendent Assistant Superintendent Association
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ATTACHMENT B PRINCIPAL’S SALARY SCHEDULE
POSITION 2015-2016 Step 1
Step 2
Step 3
Step 4
Step 5
High School Principal
$127,495
$129,108
$130,720
$132,350
$133,980
Middle School Principal
$121,628
$123,241
$124,853
$126,483
$128,113
Elementary Principal*
$117,717
$119,329
$120,941
$122,571
$124,201
Associate Principal
$112,284
$113,897
$115,508
$117,138
$118,768
Associate Principal Elementary
$102,180
$103,792
$105,404
$106,437
$107,711
High School Principal
$130,042
$131,688
$133,332
$134,994
$136,657
Middle School Principal
$124,058
$125,703
$127,348
$129,010
$130,673
Elementary/ALC Principal
$120,069
$121,713
$123,357
$125,020
$126,682
Associate Principal
$114,527
$116,172
$117,816
$119,479
$121,141
Associate Principal Elementary
$104,221
$105,865
$107,510
$108,563
$109,863
2016-2017
*ALC principal will be paid in accordance with MOU and with new salary rate from date indicated in MOU for the 2015-2016 School Year **Any principal working less than a 12 month contract will have the base salary prorated to reflect the reduced schedule. Longevity for Principals $2,000, after 5 years experience as an ISD 624 principal with a minimum of 10 total years experience in education. $4,000, after 10 years experience as an ISD 624 principal with a minimum of 15 total years experience in education. $7,000, after 15 years experience as an ISD 624 principal with a minimum of 20 total years experience in education 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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MEMORANDUM OF UNDERSTANDING Between Independent School District No. 624 And White Bear Lake Principal’s Association
Prior to January 1, 2016, White Bear Lake Area Schools (District) and the White Bear Lake Principal’s Association (Union), agree to create a committee consisting of district office administrators and principals to study and review the issues of equity to include the following: 1.
Assistant Principal position at Hugo Elementary; and
2.
Disparity between Assistant Principal number of duty days at the secondary level
FOR:
FOR:
White Bear Lake Principals' Association 4855 Bloom Avenue White Bear Lake, MN 55110
White Bear Lake Independent School District 624 4855 Bloom Avenue White Bear Lake, MN 55110
Association President
_____________________________________ School Board Chairperson
Association Negotiator
_____________________________________ School Board Clerk
Association Negotiator
Association Negotiator 2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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2015-2017 WHITE BEAR LAKE AREA SCHOOLS PRINCIPALS’ WORKING AGREEMENT
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