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COLLECTIVE BARGAINING AGREEMENT BETWEEN

UNO CHARTER SCHOOL NETWORK, INC./ UNITED NEIGHBORHOOD ORGANIZATION AND

CHICAGO ACTS, LOCAL 4343, IFT-AFT, AFL-CIO

2013 - 2016

 ARTICLE 1

PARTIES

This Agreement (“the Agreement”) is made and entered into this 17th day of March, 2014, by and between  the Employer  and  Union.   The  “Employer”  shall  be understood  to be United Neighborhood  Organization  of  Chicago  a/k/a  United  Neighborhood  Organization  and  UNO Charter School Network, Inc., which together with its members, managers, and administrative staff shall be referred to in this Agreement as “the Employer.”  The Union shall be understood to be Chicago ACTS, Local 4343, IFT-AFT, AFL-CIO, the exclusive representative which together with its officers and representatives shall be referred to in this Agreement as “the Union,” for the purpose  of  setting  wages  and  rules  and  regulations  covering  working  conditions  of  the professional bargaining unit defined herein.

ARTICLE 2

RECOGNITION

The Employer hereby recognizes  the Union as the exclusive representative  of the following bargaining unit employees for purposes of collective bargaining:   All full-time and part-time instructional and student service/support professional employees, including but not limited to the following  job  classifications:    teacher,  teacher  assistant,  literacy  specialist,  librarian,  social worker, special education teacher, guidance counselor, academic interventionist, behavioral interventionist, culture compliance coordinator, teacher apprentice, student services coordinator, operations  assistant,  graduate  support  advisor,  guest service  associate,  IT Tier I Technician, office coordinator, project coordinator, staff assistant, student family affairs coordinator, student services clerk, substitute – long term, apprentice special education teacher, special education case manager, nurse, but excluding all confidential, supervisory and managerial employees, and security guards.

The United Neighborhood  Organization of Chicago a/k/a United Neighborhood  Organization and the UNO Charter School Network, Inc. shall be considered the “Employer” for purposes of this  Agreement  and  that  term  shall  be  deemed  to  include  any  person,  firm,  partnership, corporation  or other  legal  entity which  provides  education  services  and which  is under  the control of:  1) either corporation listed in this section; 2) a subsidiary of the corporations listed in this section; or 3) any person, firm, partnership, corporation, join venture or other legal entity which  substantially  controls  the  corporations  listed  in  this  section.    In  the  event  that  the Employer contracts with an entity that employs instructional personnel on any UNO charter campus, the Employer shall ensure through any contractual relationship with such entity that the terms  and  conditions  of this Agreement  shall be binding upon  such  entity,  except  that, the provisions of this ARTICLE 2 shall not apply to certain supplemental services contracts as set forth under Management Rights, Article 6.

Notwithstanding the foregoing, related service providers shall not be considered bargaining unit employees, including any independent contractors working as psychologists, occupational therapists, social workers, speech pathologists, physical therapists and nurses at any UNO charter campus as of the date of this Agreement.

ARTICLE 3

NON-DISCRIMINATION

In the application of provisions of this Agreement or Employer regulations and policies affecting terms and conditions of employment, there shall be no discrimination by the Employer in its recruitment programs, hiring practices, dismissal procedures, or in any other relationship, nor shall the Employer discriminate against any person on the basis of race, creed, color, age, sex, national origin, marital status, veteran status, disability, sexual orientation, gender identity or expression, civil Union status, domestic partnership status, parental status, genetic information, refusal to submit to a genetic test or make available the results of a genetic test, the utilization of benefits authorized by this Agreement or Employer policy; membership or participation in, or association with the activities of any employee organization.

The Employer will comply with all the applicable City, State and Federal law regarding discrimination  and  will  maintain  a  comprehensive  process  to  ensure  any  employee  with  a complaint  or  concern  may  bring  such  matters  to  the  Employer’s  attention  for  resolution. However, nothing in this Article shall constitute a waiver of a bargaining unit employee’s rights to bring a discrimination claim to an appropriate government agency, or in a court of competent jurisdiction.

ARTICLE 4

EMPLOYEE CATEGORIES

A.        “Instructional  Staff”  are  comprised  of  two  categories  of  bargaining  unit  employees: “Teachers” and “Non-Teacher Instructional Staff.”

 1.         “Teachers” include any full or part time teacher or academic interventionist.

2.         “Non-Teacher  Instructional  Staff”  include  teacher  apprentices  and  guidance counselors.

B.        “Non-Instructional Staff” includes all other bargaining unit employees (i.e. who are not Teachers or Non-Teacher Instructional Staff).

ARTICLE 5

NETWORK-WIDE LABOR/MANAGEMENT MEETINGS

In the interest of maintaining and improving communications between the parties and in order to share information and ideas for the purpose of mutual problem solving, the parties agree to the establishment of a joint labor/management committee.

The committee shall meet once a quarter during each school year during only non-instructional times unless mutually agreed otherwise.   The parties should submit agenda items to the other side a week in advance.

The respective parties shall each designate their own representatives  that shall be named in advance.  The number of members from each side will not exceed the number of schools in the network; however, from time to time should it become helpful to bring additional persons due to matters of specialized concern or expertise, the party bringing additional persons shall notify the other reasonably in advance of the meeting.

ARTICLE 6

MANAGEMENT RIGHTS

The Employer retains all powers and authority to direct, manage and control its campuses, except to the extent that any such power or authority is expressly contrary to any provision of this Agreement  or  applicable  law.    The  Employer,  in  exercising  its  powers  and  authority,  will consider input from bargaining unit members, and any committees created by this Agreement, but all final decisions will rest with the Employer except as explicitly otherwise set forth in this Agreement.  For example, and without limitation, the Employer expressly reserves the following rights and authority:

To determine the qualifications for employment with the Employer;

To hire bargaining unit employees, assign and direct their work, discharge or otherwise discipline  employees  for  cause  (except  that  Provisional  Employees  as  defined  in ARTICLE 7 may be discharged without cause), promote, demote, transfer, layoff and recall bargaining employees, except as explicitly agreed to in writing by the parties;

To promulgate or modify reasonable work rules, policies, procedures, standards and regulations except as explicitly agreed to in writing by the parties;

To determine the Employer’s and each campus’ mission, goals, program and curriculum design and methodologies of teaching and assessment for fulfilling them subject to input from employees, with all final decisions resting with the Employer;

To take such steps as are necessary or appropriate to fulfill the Employer’s contractual obligations and performance to its authorizer, founder, and applicable law;

To establish educational policies and academic programs with respect to the admission and  education  of  students  and  student  academic  progress  and  promotion,  including, without limitation, methods for ensuring the rights and educational opportunities of all students;

To determine staffing patterns and design, including, as necessary, any decision to lay off or  reduce  its  workforce,  except  that  the  Employer  agrees  to  take  into  account performance evaluations in making any such layoff decisions, except as explicitly agreed to in writing by the parties;

To determine the number and types of bargaining unit employees and other personnel required;

To operate campuses, including moving or modifying facilities;

To determine methods of raising revenue, budget procedures and budget allocations;

To  contract  with  any  third  party  for  the  following  services:    short-term  substitute teachers, teachers for credit recovery courses, teachers for remediation and enrichment courses, special education clinicians, athletic coaches, and comparable supplemental services.  (Bargaining unit employees will be given first opportunity to fill such positions if qualified,  but the economic  terms  of this Agreement  will not be binding on such contracted employees);

To  determine  class  size,  class  staffing  and  assignment,  class  schedules,  academic calendar year, hours and places of instruction, student assessment policies and parent engagement policies, except as explicitly agreed to in writing by the parties;

To make and implement decisions concerning use and staffing of experimental or pilot programs and decisions concerning use of technology to deliver educational programs and services and staffing to provide the technology; and

To take action relative  to immediate  safety issues  on any matter in the event of an emergency (as such is deemed an emergency by the Employer in its reasonable exercise of judgment).

ARTICLE 7

PROVISIONAL PERIOD

A.        Instructional Staff

The employment of Instructional Staff in their first 365 days of employment with the Employer shall  be  provisional,  which  means  that,  during  this  period,  they  may  be  released  from employment without cause and in the sole discretion of the Employer, and they may not contest their discharge through the grievance and arbitration procedure.

B.        Non-Instructional Staff

The employment of Non-Instructional Staff in their first 90 days of employment with Employer shall  be  provisional,  which  means  that,  during  this  period,  they  may  be  released  from employment without cause and in the sole discretion of the Employer, and they may not contest their discharge through the grievance and arbitration procedure.

Provisional  Bargaining  Unit  Members  shall  enjoy  the  rights  and  benefits  of  all  the  other provisions  of this agreement during their provisional  period, and shall not be released from employment for availing themselves of said rights and benefits.

ARTICLE 8

UNION RIGHTS

A.        Professionalism

Bargaining unit employees can speak on all issues concerning the Employer, and cannot be disciplined  or  marked  down  on  evaluations  as  a  result  of  their  speech  activity,  provided, however, that bargaining unit employees act professionally and respectfully, that they do not defame others, that they do not make threats or act in a threatening manner, and that they do not violate Employer’s anti-harassment and anti-discrimination policies.

B.        Information

1.         The Employer shall make available for inspection to the Union any information that is available, relevant, and necessary for the administration of this Agreement, within five (5) working days from a request, absent a good faith reason for an extension of said time period.   Similarly, the Union will make any information that is available, relevant, and necessary for the administration of this Agreement available to the Employer in an expeditious fashion.

2.         Prior to each regular or special meeting of UCSN’s Board of Directors, such Board shall post online the public agenda for the meeting and to the extent they are available, copies of the proposed Board reports listed on the public agenda and send the same to all employees.  After each meeting, the Board shall post online minutes of that meeting.   If the Board meeting occurs during work hours, one representative  from  the  Union  shall  be  granted  release  time  for  travel  and attendance  at  the  meeting,  but  said  release  time  must  be  reasonable  and appropriate.

3.         On the first of each month, the Employer will provide to the Union lists of all employees of the Employer, indicating employees eligible for representation and those excluded due to their status as managerial, supervisory, or confidential personnel.   The lists shall contain the following information:   the employee’s name, job title, work location, home address, telephone number, and salary.

C.        Access

 1.         The Employer recognizes that authorized agents of the Union may need access to bargaining unit employees during non-instructional time within the instructional day.  The Union recognizes the need for the Employer to ensure that its Campuses operate  efficiently  and  that  leadership/administrative  team  members  are  not unduly burdened by frequent, prolonged or unannounced visits from any external organization.    Consistent  with  these  principles,  the  Employer  agrees  to  grant Union representatives  reasonable access to its workplaces and facilities during normal  business  hours  and,  in  so  doing,  the  Union  agrees  to  follow  the Employer’s visitor policies and procedures.  Discussion of union-related topics is permitted at work during non-classroom time so long as it does not interfere with or disrupt normal school activities and student instruction.

2.         The Union shall be allowed to post notices on designated posting area including, but not limited to, existing bulletin boards provided that the materials posted shall be subject to the Employer’s policies regarding non-discrimination, non- harassment, professionalism, etc.  The Union and bargaining unit employees may use  the  School’s  e-mail  system  for  union  communications,  subject  to  the following agreements and understandings:

a.         The Employer has a right to monitor all communications on its systems at any time; neither the bargaining unit employees  nor the Union has any legitimate expectation of privacy in any communication on or over any Employer system.

b.         The Employer reserves the right to disable or suspend the Unions’ or Bargaining Unit Members’ use of its email system during any strike or work stoppage.

c.         Use of the e-mail system under this section remains subject to all restrictions set forth in the Employer’s policies, including its policies regarding unlawful harassment, acceptable use of technology, and the professional code of conduct.

3.         Union representatives  shall not be denied access to campus cafeterias, teacher lunges, break rooms, or similar spaces when students are not generally present. The Employer shall not conduct surveillance of Union representatives.

4.         Union representatives shall not be denied access to exterior areas such as parking lots and areas near entrances to the Employer’s buildings.

D.        New Employee Orientation

The  Employer  shall  provide  the  Union  with  a  thirty  minute  opportunity  to  address  new employees at a mutually agreeable time during the annual new hire orientation period.

E.        Dues

1.         Upon receipt of voluntary written authorization from a bargaining unit employee, the Employer shall deduct from the wages each pay period the applicable dues payment and shall remit the same to the Union on or before the last day of each month.  The Union shall advise the Employer in writing and in a timely manner of the amount of any deduction required by this paragraph.

2.         Each employee covered by this Agreement shall, as a condition of employment, become and remain a member of the Union or, in the alternative, pay a monthly fee to the Union equal to the amount of monthly dues and fees, not later than the thirtieth  calendar  day  following  his/her  date  of  employment  or  the  date  of execution of this Agreement, whichever is later. 

3.         Upon  receipt  of  a  voluntary  written  authorization  from  a  bargaining  unit employee, the Employer shall deduct from the wages due said bargaining unit employee the sum specified in the authorization and remit to the Chicago ACTS Committee   on   Political   Education   (COPE)   Fund   as   the   bargaining   unit employee’s voluntary contribution to said Fund.

4.         No deductions shall be made which are prohibited by applicable law.  The Union agrees to indemnify and hold the Employer harmless from any claim, suit, cause of action, or other action with respect to the Employer’s deduction of union dues or any other deductions required under this Article, including, without limitation, the administration  of the dues  check off provisions,  and any act or action in connection therewith, and such indemnity and agreement to hold the Employer harmless shall include timely payment of any of its costs and attorneys’ fees.

The aggregate deduction of all employees and a list of the names, addresses, and UIN numbers of all employees in the bargaining unit and their individual deductions shall be remitted monthly to the Union at the address designated  in writing by the Union.   The  information  shall be provided in electronic form.  The Union shall advise the Employer in writing of any increase or decrease in deductions at least thirty (30) days prior to its effective date.

F.        Reserved Meeting Times

The Employer agrees to allot twenty-five (25) minutes per quarter for a union meeting at a time to be determined by a majority vote of unit members at the site.  This time shall be reserved for the conduct of Union business except when waived by express written mutual agreement of the parties.

ARTICLE 9

JUST CAUSE AND PROGRESSIVE DISCIPLINE

A.        General Principles

1.         No  bargaining  unit  employee  shall  be  disciplined  without  just  cause.     Generally, discipline shall be progressive in nature and follow these progressive steps:

Step one:         Verbal warning (with written summary)

Step two:         Written warning

Step three:       Suspension(s) with or without pay

Step four:        Dismissal

2.         Any of these steps may be skipped based upon the severity of the alleged action at the determination of the Employer’s Highest Level of Authority at the campus in question. All discipline beyond step two shall occur only with approval the Employer’s Highest Level of Authority at the campus in question.

3.         Suspension with pay may be implemented before an investigation is completed if it is in the best interest or for the safety of the students, employees, or the Employer.   Such suspension may be converted to “without pay” once the investigation is concluded and a determination of cause warranting suspension without pay is evident.

4.         Any  discipline  imposed  shall  be  in  accordance  with  the  procedures  for  progressive discipline  contained  herein.   The use of progressive  discipline  is intended  to correct employee misconduct.   Thus, a bargaining unit employee will ordinarily receive verbal counseling before a written reprimand, and written reprimand before being suspended. Moreover,  a  short  suspension  will  generally  precede  a  longer  suspension  and/or dismissal.   However, in cases where a bargaining unit employee engages in serious misconduct, the Employer may skip some steps or even dismiss the employee, provided that just cause for the discipline imposed is established.  Bargaining unit employees have the right to union representation when they reasonably believe they may be subject to discipline.

 5.         Notwithstanding the above, Provisional Employees, as defined in said ARTICLE 7 of the Agreement, may be discharged without cause.

B.        Discipline and Discharge for Poor Performance

The Union and the Employer acknowledge the following with regard to discipline and discharge of bargaining unit employees for poor performance.

1.         The Employer will have the option, in cases of discipline/discharge for poor performance, to put the bargaining unit employee at issue on a Performance Improvement Plan (PIP); and, depending on the seriousness of the performance issues, the said PIP can be administered at step two (2) or at step three (3) of the Progressive Discipline Procedure (as opposed to a suspension without pay).  A step two (2) PIP can lead to a step three (3) PIP.  A step three (3) PIP will act as a final written warning.

2.         The Employer may use STRIVE scores and/or other performance indicators as a basis for discipline and/or discharge for poor performance of instructional staff, provided that the Employer follows the terms of this Article.

3.         Employees will be informed in writing that they have been placed on a PIP.

4.         PIPs shall be reasonable in duration and shall not extend past the timeline designated by the evaluator.   If the required improvement is not made by the end of the timeline, the Employer has the option to set a new timeline in writing or discharge the bargaining unit employee.

5.         If  sufficient  improvement  has  been  achieved  and  the  bargaining  unit  employee  is removed from the PIP, that employee is expected to sustain the expected level of performance in accordance with the Performance Improvement Plan Policy in the Faculty Handbook.

ARTICLE 10

EVALUATION

A.        Instructional Staff

1.         Instructional  Staff  (except  Guidance  Counselors)  will  be  evaluated  by  the  STRIVE evaluation system, attached as Appendix A.  Instructional Staff present for the full school year will receive at least two (2) formative STRIVE evaluations relating to their progress against available STRIVE metrics, and one (1) summative STRIVE report per academic year.  At least one (1) formative STRIVE report must occur in the first two (2) quarters. The summative  STRIVE  report  shall include a final report  of all STRIVE  measures applicable to the individual Instructional Staff member.   All evaluators must complete Teachscape  Evaluator  Training-or  a similar evaluation training before completing the qualitative portion of the summative Strive report.

2.         As  a  component  of  the  STRIVE  framework,  all  Instructional  Staff  will  receive  a minimum  of three (3)  observations  and timely written  feedback  regarding  the same. Instructional Staff members will have the opportunity to request a post observation conference to discuss the feedback, which will not be unreasonably denied.

3.         Issues   with   the  application   of  the  STRIVE   evaluation   framework   to  individual Instructional Staff Members should be dealt with    through the scheduled network-wide labor management meetings referenced in ARTICLE 5, the Professional Problems Committee referenced in ARTICLE 14, or the Dispute Resolution Process referenced in ARTICLE 18.   With regard to any larger issues that may arise regarding the STRIVE evaluation framework itself, such issues may only be resolved by mutual agreement of the parties, and are not subject to the Dispute Resolution Process.

B.        Non-Instructional Staff

 Non-Instructional staff shall be evaluated based current evaluation practices for non-instructional staff in place at the beginning of the 2013-2014 school year.

ARTICLE 11

COMPENSATION

A.        Salary Schedule:  Teaching Staff (Teachers and Academic Interventionists)

Initial Placement:

Current Teachers will be assigned a step equal to the number of their full years of teaching service at the Employer as of October 1, 2013 plus up to two additional years of teaching outside of the Employer.  Teachers with one full year or less of teaching experience will be placed on Step One.  Teachers with one full year, but less than two full years of teaching experience, will be placed on Step One and will also receive a one-time stipend of $2000.  Teachers who are, as of the date of ratification of this Agreement, currently paid more than the step rate they would receive based on years of teaching experience (as set forth above) will be placed on the next step that represents an increase from their current salary.  Any teacher whose  salary does  not  increase  by $1,000  will  receive  a one-time  stipend  of $1,000.

Advancement

At the beginning of each school year, returning Teachers shall advance one step on the salary schedule.

New Teachers

The employer shall have the sole discretion to place new Teachers at whatever step it deems appropriate.

Part-time Teachers

Part-time Teachers will be initially placed at the step determined by the Employer in its sole discretion.  Their salary will be prorated based on the number of hours scheduled by the Employer.   Such part-time Teachers will not be entitled to the Master’s degree stipend, initial placement stipend, or any other compensation or benefit contemplated in this article.

Maximum Salary

The  maximum  salary  for  Teachers  for  the  term  of  the  Agreement  shall  be $100,000.

B.        Long-Term Substitute Teachers 

A substitute teacher will be deemed “substitute-long term” as referenced in ARTICLE 2 of this Agreement, if said substitute teacher has worked sixty (60) consecutive workdays substituting for one full-time Teacher.   Such long-term substitute teachers will earn an annual salary of

$40,000 pro rated based on the number of days worked out of two hundred and one workdays in a complete academic year.

C.        Non-Teacher Instructional Staff and Non-Instructional Staff

2013-14:  4% across the board raise

2014-15:  4% across the board raise

2015-16:  4% across the board raise

D.        Master’s Degree Benefit

Any bargaining unit employee who attains a master’s degree relevant to the employee’s assigned position, and who submits to the Human Resources Department evidence of that degree, will then receive an additional $2,000 added to their base salary.

E.        Pension

The  employer  shall  contribute  the  following  percentage  of  any  qualifying  bargaining  unit employee’s share of his/her pension contribution to Chicago Teachers Pension Fund: 

2013-2014:  five percent (5%)

2014-2015:  six percent (6%)

2015-2016:  seven percent (7%)

F.        401K Plan

Beginning with the start of the 2014-15 school year, the employer shall match employee contributions of up to the percentage of pay stated below for any bargaining unit employee who does not participate in the Chicago Teachers Pension Fund and who contributes to a qualified 401k plan:

2014-2015:  up to six percent (6%)

2015-2016:  up to seven percent (7%)

All terms and conditions related to the 401k plan will be in accordance  with the plan then currently in effect for all employees.

G.        Tuition Reimbursement

The employer shall continue its current tuition reimbursement practice.

H.        Athletic Stipends

The Employer shall continue its current level of Athletic Stipends.

I.         Special Education Case Manager Stipends

The special education stipend received from Chicago Public Schools shall be distributed to all case managers in accordance with past practice.

J.         Teacher Leadership Stipend

The Employer shall have the discretion of identify one bargaining unit employee per campus annually to assume additional leadership responsibilities aligned with the particular School and Network mission, vision, and strategic plan.   This employee will be compensated with a one- time stipend of up to $2,000 at the discretion of the Employer.

K.        Salary Pro-Ration

Salaries reflect annualized compensation for a full work year.   Any bargaining unit employee who is hired after the first day of work of a work year or separates from employment with the Employer before the last workday will receive a pro-rated salary based upon the number of days worked out of two hundred and one (201) workdays in a complete work year.

L.        New Hire and Referral Bonuses

The Employer shall have the discretion to offer a one-time signing bonus of up to $5,000 for candidates and may also offer referral bonuses at its discretion.

M.       Healthcare Benefits

Health benefits will remain at the same levels and at the current employee contribution rates, in accordance with the current plan and requirements.  If the cost to the Employer of health benefits increases significantly from one plan year to the next, the Union agrees to discuss in good faith with the Employer a mutually acceptable resolution.   Similarly, the parties further agree that future rule-making, regulations and guidance promulgated by the IRS, DOL and HHS under the Patient Protection and Affordable Care Act (“PPACA”), effective on or after January 1, 2015, may affect the Employer’s obligations.  Accordingly, given this uncertainty, and in the event the Employer’s obligations are impacted, the parties agree to negotiate in good faith over PPACA compliance.

N.        Reopener

If the Chicago Public Schools effective per pupil funding increase for the 2015-16 academic year is one percent or less, or if the increase exceeds two percent, either party may, upon written notice to the other, reopen this Agreement for the sole purpose of negotiating, in good faith, modifications to this article entitled “Compensation.”  Such written notice shall be provided no later than 60 days after approval by the Chicago Board of Education.  The remaining provisions of this Agreement, with the exception of the article entitled “No Strikes or Lockouts”, shall remain in full force and effect during any such negotiations.

The  “percent  per  pupil  funding  increase”  is  the  percentage  increase  in  the  Chicago  Public Schools Base General Education Per Pupil Rate approved by the Chicago Board of Education.  If the method of reporting this increase is altered in a manner that does not allow it to be expressed as contemplated above or if some increase in funds represents a substitution of cash in place of previous in-kind support (as in a shift from Chicago Public Schools paying a cost directly to providing cash intended for that cost), the Employer and Union shall, in good faith, agree on the true effective per pupil percentage increase to the Employer.  If the parties cannot agree on the effective  percentage  increase  in per pupil funding,  either party may seek  arbitration  of this particular issue in accordance with the article of this Agreement entitled “Dispute Resolution.” However, said arbitration shall be on an expedited basis, with the hearing held within fourteen business days of the appointment of the arbitrator.  Under no circumstances shall an arbitrator’s decision issue more than seven business days from the date of hearing.  The arbitrator shall have the right to determine the nature of the hearing to be held under these expedited circumstances, including whether written evidentiary submissions are sufficient.  The timelines set forth herein may be waived by agreement of the parties.  Upon agreement of the parties, the arbitrator may also issue a non-binding recommendation as to any other issues in dispute between the parties arising out of the aforementioned reopener negotiations.

O.        Standing Pay Committee

A   standing   pay   committee   shall   be   established   by   the   parties   to   study   and   make recommendations with respect to career ladders, the policies with respect to lane movement, and differentiated compensation.  It is the intention of the parties to seriously consider a reasonable system of merit pay, and to bargain in good faith regarding the same, during negotiations over the next collective bargaining agreement.

ARTICLE 12

WORK YEAR AND HOURS OF EMPLOYMENT

A.        ELEMENTARY SCHOOL INSTRUCTIONAL STAFF

1.          Work Year

Instructional  Staff will work up to   two hundred and one (201) days to include up to   one hundred and eighty eight (188) days of instruction, with five (5) weeks of summer break, but nothing in this provision precludes the Employer from setting the school calendar.   New Instructional  Staff may have three (3) additional non-instructional  days.   In some cases, the number of attendance and non-instructional days may vary but the work year shall never exceed two hundred and one (201) days.   Additional days may be added to any category by written agreement of the parties.

2.          Workday

a.         The professional workday shall include instruction during the student day, supervision (before   school,   after   school,   lunch),   advisory   (where   applicable),   planning   and preparation period(s), staff meetings, and time needed for preparation.  The length of the current  school  day shall not be changed  except  by written  agreement  of the parties. Instructional Staff are expected to be at school before it begins and after it ends.

b.         Staff  meetings,  professional  development,  and  other  administrative  directed  meetings may be scheduled during times other than the   five (5) dedicated planning periods per week or after school provided  one week’s notice is given, but required meetings shall not exceed  a total of ninety (90)  minutes  outside of the instructional  day per week  and Instructional Staff shall not be required to attend meetings extending 60 minutes before opening bell or ninety minutes (90) past dismissal except in extraordinary circumstances. Instructional Staff on Performance Improvement Plans (PIP) may be required to attend more than ninety (90) minutes of administrative directed time per week.   Changes that affect Instructional Staff’s daily work schedule should be minimized.  In the event that a meeting is scheduled outside of normal working hours without one week’s notice, and an Instructional Staff member is unable to attend due to a prior commitment or personal hardship, the Staff member will not be disciplined for not attending.

c.         Instruction Staff shall have a minimum of three (3) duty free lunch periods per week that are not less than 25 minutes.   However, existing practices shall be maintained unless otherwise agreed to by the parties.

d.         Instructional Staff with a supervision duty in the morning are expected to be at their designated posts at the designated time and those staff members with a supervision duty in the afternoon are expected to be at their designated posts until the designated end time, except in case of after-school activities.

e.         All students who are participating in after-school activities or who have not been picked up after school must remain with the designated Instructional Staff member up to fifteen (15) minutes after dismissal time or the end of the after-school activity.  Any student who has not been picked up fifteen (15) minutes after dismissal time either for the regular school day or for after school activities will wait in the administrative office for pickup. If the administrative staff is unavailable and the staff member has left a message for the School Director, the Instructional Staff member will be paid an appropriate stipend for the time spent supervising the student.

3.          Preparation Time

Teachers  shall receive  a minimum  of five (5) dedicated  planning  periods weekly.   Teacher Apprentices shall receive a minimum of two (2) dedicated planning periods weekly.  Dedicated planning periods include non-instructional time during the workday excluding professional development and staff meeting times.   Dedicated planning time shall not be used for personal business.   Instructional Staff on Performance Improvement Plans (PIP) may receive fewer dedicated planning periods as more intensive coaching is necessary for the Instructional Staff member  to  improve.    Should  an  Instructional  Staff  member  who  is not  on a PIP lose  any significant portion of their dedicated planning periods (i.e., subbing, duty, etc.) they shall be paid twenty-five dollars ($25) for that interrupted period.

4.          Professional Growth

The parties to this agreement recognize that in order for the Employer to continue to grow us all must be committed to ongoing professional growth and development.

To this end, a Professional Growth Plan is developed collaboratively for every Instructional Staff member.  The School Director or Master Teacher at each school will meet with staff individually to collaborate on a professional growth plan that is right for the Instructional Staff member and his/her  students.     The  professional  problems  committee  should  discuss  instances  where Professional Growth Plans are not being developed collaboratively, provided that the ultimate decision on such Plans lies with management.  These plans, in addition to the available academic data,  drive  the  planning  and  implementation  of  the  school  and  network  planning  days. Throughout the year there will be a minimum of three (3) planning and development days as part of  the  work  year.    School  and  Network  Leadership  will  work  to  provide  planning  and development opportunities that align with the organizational mission and are differentiated for Instructional Staff.

Occasionally, to meet the unique needs of staff and schools, school directors and master teachers may encourage and support external development opportunities for Instructional Staff members. Instructional Staff should follow the protocol laid out in the handbook for these requests

5.          Parent Engagement Days at Schools

Instructional  Staff  must  schedule  sixteen  (16)  hours  of  conference  time  at  times  mutually agreeable to the teacher, parent/guardian, and school director during the parent engagement days each semester.   Meeting times shall generally be thirty (30) minutes  but may vary slightly. Instructional Staff shall endeavor, whenever possible, to have both parents/guardians present for the meeting.  Saturday and or evening times must be offered in order to meet with parents who may have work schedules that prohibit weekday meetings; these days shall count as non- instructional workdays.   Instructional Staff shall endeavor, whenever possible, meet with the parent/guardian of all students that comprise their homeroom or targeted group.   Instructional Staff  working  with  a  specific  smaller  group  of  students  (i.e.  Special  Education  Teachers, Academic Interventionists, etc.) must conference with the parent/guardian of all students on their caseload;  whenever  possible they should  meet collaboratively  with that student’s  homeroom teacher.    Any  work  hours  within  the  time  period  allotted  for  parent  strategy  meetings  not scheduled  for conferences  for Instructional  Staff must be spent on teacher or administrative directed tasks until reaching sixteen (16) hours.

6.          Parental Engagement Visits in the Community

All  parties  recognize  the  value  of  parental  engagement  outside  of  school.    Teachers  are encouraged, but not required, to engage parents at the parents’ home or elsewhere in the parents’ community away from the school building.  Teachers that complete home visits for all of their homeroom students by Thanksgiving shall receive a Five Hundred Dollar ($500) stipend for their dedication to parental engagement.

7.          School Events

Instructional  Staff  shall  participate  in  up  to  ten  (10)  school  and/or  network  events  and engagements that are required per year.  These events will be announced and may include events such as Family Literacy Night, Graduation, Open House, etc.  Instructional Staff shall be present up until 7:30 pm for these events.

B.        HIGH SCHOOL INSTRUCTIONAL STAFF

1.         Work Year

Instructional Staff will work up to two hundred and one (201) days to include up to one hundred and eighty eight (188) days of instruction, with five (5) weeks of summer break but nothing in this provision precludes the Employer from setting the school calendar.  New Instructional Staff may have three (3) additional non-instructional days.  In some cases, the number of attendance and non-instructional days may vary but the work year shall never exceed two hundred and one (201) days.  Additional days may be added to any category by written agreement of the parties.

2.         Workday

a.         The professional workday shall include instruction during the student day, supervision (before school, after school, lunch), building opening and closing time, advisory (where applicable), planning and preparation period(s), staff meetings, and time needed for preparation.  The length of the current school day shall not be changed except by written agreement of the parties.  Instructional Staff are expected to be at school before it begins and after it ends.

Specifically, the Instructional Staff member workday shall include the following components

i.          Staff members shall be at their designated morning duty posts thirty (30) minutes prior to the beginning of school.

ii.        Student day shall be eight (8) hours.

iii.       Instructional Staff will conduct support classes four (4) days per week for thirty minutes (30) after the school day ends.  These support classes shall not take place on the weekly professional development day.  Select Instructional Staff members may,  in  lieu  of  support  classes  on  any  school  day,  be  assigned  dismissal supervision for the same thirty minutes (30) after the school day ends.

iv.        Above and beyond the items stated above, one (1) day per week, Instructional Staff  members  will  have  an  additional  fifteen  (15)  minute  supervision  for dismissal of students from support classes.

b.         Instructional Staff will conduct up to two (2) periods of advisory daily totaling up to 30 minutes 

c.         Instructional  Staff  will  instruct  up to six (6) periods  daily and have up to three (3) preparations daily.   Minimally, Instructional Staff will have two (2) preparations daily. However, Apprentices will instruct up to seven (7) periods per day and have a minimum of  one  preparation  daily.    Further,  Apprentices  shall  have  a  minimum  of  two  (2) dedicated planning periods per week.

d.         Staff  meetings,  professional  development,  and  other  administrative  directed  meetings may be scheduled during times other than the seven (7) dedicated planning periods per week  or  after  school  provided  reasonable  notice  is  given.     Changes  that  affect Instructional  Staff  member’s  daily work  schedule  should  be minimized,  but required meetings shall not exceed a total of ninety (90) minutes outside of the instructional day and Staff Development Day, per week and staff shall not be required to attend meetings extending 60 minutes before opening bell or ninety (90) past dismissal.   Instructional Staff on Performance  Improvement  Plans (PIP) may be required to attend more than ninety (90) minutes of administrative directed time per week.  In the event that a meeting is scheduled outside of normal working hours without reasonable notice, and an Instructional Staff member is unable to attend due to a prior commitment or personal hardship, the Instructional Staff member will not be disciplined for not attending.

e.         Instructional Staff shall have a minimum of three (3) duty free lunch periods that are not less than 25 minutes.  However, existing practices shall be maintained unless otherwise agreed to by the parties.   Instructional Staff with a supervision duty in the morning are expected to be at their designated posts at the designated time and those Instructional Staff with a supervision duty in the afternoon are expected to be at their designated posts until the designated end time, except in case of after-school activities.

f.         All students who are participating in after-school activities or who have not been picked up after school must remain with the designated Instructional Staff  member up to fifteen (15) minutes after dismissal time or the end of the after-school activity.  Any student who has not been picked up fifteen (15) minutes after dismissal time either for the regular school day or for after school activities will wait in the administrative office for pickup. For after-school activities, if the administrative staff is unavailable and the Instructional Staff member has left a message for the School Director, the staff member will be paid an appropriate stipend for the time spent supervising the student.

3.         Preparation Time

Instructional Staff shall receive a minimum of seven (7) dedicated planning periods weekly. Dedicated planning periods include non-instructional time during the workday excluding professional development and staff meeting times.  Dedicated planning time shall not be used for personal business.   Instructional Staff on Performance Improvement Plans (PIP) may receive fewer dedicated planning periods as more intensive coaching is necessary for the Instructional Staff member to improve.  Should an Instructional Staff member who does not have a PIP lose any of their dedicated planning periods (i.e., subbing, duty, etc.) they shall be paid twenty-five dollars ($25) for that interrupted period.

4.         Professional Growth

The parties to this agreement recognize that in order for the Employer to continue to grow, we all must be committed to ongoing professional growth and development.  The Employer is unique in its amount of support offered to teachers through Master Teachers and School Directors in a job- embedded and need-specific fashion.  The parties also agree that the Network will become more successful if effective best practices throughout the Network are shared and become ubiquitous throughout all the schools.

To this end, a Professional Growth Plan is developed collaboratively for every Instructional Staff member.   The School Director or Master Teacher at each school will meet with Instructional Staff individually to collaborate on a professional growth plan that is right for the Instructional Staff  member  and  his/her  students.    The  professional  problems  committee  should  discuss instances where Professional Growth Plans are not being developed collaboratively, provided that the ultimate decision on such Plans lies with management.

These plans, in addition to the available academic data, drive the planning and implementation of the school and network planning days.  Throughout the year there will be a minimum of three (3) planning and development days as part of the work year.  School and Network Leadership will work  to  provide  planning  and  development  opportunities  that  align  with  the  organizational mission and are differentiated for Instructional Staff members.

5.         Staff Development

A crucial part of the high school model is regular staff development time.  In conjunction with the development meetings embedded throughout the week, once per week there will be early dismissal for students to allow for development time for Instructional Staff.  Instructional Staff members may be assigned to supervision up to fifteen (15) minutes after student dismissal on these days.   School Director, Master Teachers, or their designee, will facilitate these weekly sessions.  The dismissal time for Instructional Staff shall not exceed that of a typical day.  If, for any rare circumstance, these days must become full student instruction days, Instructional Staff members will receive ample notice.

6.         Parent Engagement at the High School

a.         Parent Strategy Meetings

Having parents as an active participant in their student’s progress is crucial for success, and, in many ways, unique for UNO to be doing at the high school level.  Up to six (6) Strategy Meeting Days will be scheduled throughout the year.   During these days there will be a morning and afternoon/evening session that, in total, shall not exceed eight (8) hours.   Staff Members are expected to be present for both the morning and afternoon/evening sessions.

b.         Engagement Events

Throughout the year Staff Members will attend up to eight (8) events that take place in the evenings that are core to the UNO High School Model.  These included Showcase Nights, Back to School Tonight, and Advisor Family Potluck.  Staff Members shall be present up to 7:30 pm for these events.

c.         Parental Engagement Visits in the Community

All parties recognize the value of parental engagement outside of school.  Teachers and Advisors are encouraged, but not required, to engage parents at the parents’ home or elsewhere in the parents’ community away from the school building.   Beginning with the 2014-2015 academic year, Teachers and Advisors that complete home visits for all of their advisee students (up to 32) by Thanksgiving  shall receive  a Five Hundred  Dollar ($500) stipend  for their dedication  to parental engagement.

C.        NON-INSTRUCTIONAL STAFF

1.         Work Year

Non-Instructional Staff members shall work twelve (12) months per year.

2.         Workday

The professional  workday shall be forty (40) hours a week, Monday through Friday.   Non- Instructional Staff shall receive a one (1) hour unpaid lunch daily.  Any hours that exceed forty (40) within a week shall be compensated at a rate of time and a half (1.5) the Non-Instructional Staff member’s hourly rate.

D.        ALL BARGAINING UNIT EMPLOYEES

Multiple Campuses

All bargaining unit employees who travel from one school to another on a regular basis shall have the same rights to a planning/preparation period, lunch period, and physical relief breaks as do other comparable staff members.   Adequate time to travel between sites shall be provided. Further, bargaining unit employees shall be reimbursed for actual miles driven between sites at the current IRS mileage rate.

ARTICLE 13

LEAVE PROVISIONS

A.        Paid Leave Days

All Full-time bargaining unit employees shall be entitled to ten (10) days leave with full pay for each school year for sick time or personal days.  Paid leave days may be taken at any time during the year; however, all such paid leave days are earned on a pro-rata basis.   Bargaining unit employees who work less than full-time shall be entitled to that portion of the ten (10) days leave as the number of hours per week that scheduled duty relates to the number of hours for a full- time  bargaining  unit  employee  in  a comparable  position.    Time  can  be taken  in  four  hour increments.  Pre-planned paid leave days and vacation days must be requested and recorded in the HRIS system two weeks in advance absent extenuating circumstances.

Any unused paid leave days can be rolled over to the next year (not to exceed a maximum of 20 in any year) or paid out at $15.00/hour ($120 a day) to employees still actively employed.  In the event a bargaining unit employee separates from employment prior to October 1, he/she shall be paid his/her accrued paid leave days at the time of separation or shortly thereafter at $15.00 per hour ($120.00 per workday).

A bargaining unit employee must call the Director/Administrative Officer as soon as possible before the time off, but in no event less than one-and-a-half (1-1/2) hours prior to the start of the workday unless it was an emergency to permit the employer time to secure a substitute, where necessary.  Bargaining unit employees may be absent up to 3 consecutive days at a time without documentation.

B.        Non-Instructional Staff - Vacation

In addition to paid leave, Non-Instructional staff are entitled to ten (10) vacation days per year. After 5 years of service, Non-Instructional staff are entitled to fifteen (15) vacation days per year.

C.        Employer Granted Leaves

All bargaining unit employees are entitled to all leaves included in the Employee Handbook, including Bereavement,  Jury Duty, Military Leave, Family Medical Leave, Nursing Mothers Leave,  Domestic  Violence  Leave,  Workers  Compensation  Leave,  Voting,  Blood  Donation, School Visitation, Voluntary Emergency Workers leaves.  The terms of these leaves cannot be changed for bargaining unit employees without express, written agreement of the parties, which will not be unreasonably withheld.

D.        Child Bearing Preparation and Child Rearing

All bargaining unit employees may request up to 12 weeks off of work for an approved leave for purposes of preparation for child births, post-birth bonding or adoption within the first year of the event leading to the child being in the home.   Staff members, who have a child, adopt, or foster a child may be eligible for paid child-rearing leave based on their years of service with the Employer.    This  paid  child-rearing  leave  is  comprised  of  short  term  disability  leave  and additional child rearing leave as described below, and shall be effective after any and all other “paid leave days” (as set forth in paragraph 1) have been exhausted.

For a vaginal delivery a bargaining unit employee may receive up to 6 weeks of short term disability pay after the birth of the child; and for delivery by caesarean section, up to 8 weeks of short term disability after the birth of a child.  However, because short term disability does not kick in until after the employee has been disabled for one week, the employee must use any unused paid leave days (as set forth in paragraph 1) during the first week.   In the event of adoption or fostering of a child, or in the case of the non-birthing parent, no short term disability is available, but the child rearing leave described below may go into effect immediately upon the exhaustion of all other paid leave time.   The additional child rearing leave set forth below is above and beyond  any paid leave days (as set forth in paragraph  1) that the employee  has accrued and any short term disability for which said employee may be eligible.  Such additional child rearing leave is accruable in accordance with the following schedule:

<l Year of Service                            Receives 5 days at full pay

>1 but <2 years of Service              Receives 15 days at full pay

> 2 years of service                          Receives 30 days at full pay 

This payment shall be made in a single lump sum processed the next scheduled payroll following the bargaining unit employee's return to work.

E.        Leave Rights

All bargaining unit employees on a paid leave of absence shall continue to receive wages, health and welfare benefits, and retirement credit in the same amounts as if they were not on leave. Those employees who go on an unpaid leave of absence covered by the FMLA during any pay period shall receive their health and welfare benefits for the balance of that pay period.  Upon the expiration  of  FMLA  covered  leave,  they  shall  be  allowed  continued  benefits  at  their  own expense, to the extent they remain eligible for said benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA).  Bargaining unit employees taking leaves not covered by the FMLA will be allowed to continue benefits during their leave at their own expense to the extent they remain eligible for such benefits under COBRA.

A bargaining unit employee returning from any type of paid leave shall be entitled to return to the same position and assignment she/he had prior to the leave.   A bargaining unit employee returning from any type of unpaid leave shall be entitled to return to the same position and assignment she/he had prior to the leave unless that position was filled in her/his absence with another employee , and in such case the returning employee shall be entitled to an equivalent position.

A leave shall not be used for the purpose of seeking or accepting  employment elsewhere.

F.        Leave Bank

Upon exhaustion of their accrued paid leave days, all bargaining unit employees may request the donation of additional leave time from other bargaining unit employees.  The donated leave will be deducted from the accrued personal illness and injury leave of the member who donates it.

G.        Officer Release Time 

The Union may designate up to three (3) bargaining unit employees for full-time union release time during a school year.  Such designations shall be made no later than June 1each year and shall remain in effect for the duration of the designated school year.   Such employees shall remain employees of the Employer and accrue such benefits and seniority as so entitled but shall be placed on a leave of absence without pay.  Bargaining unit employees who are on leave for Union business may continue their benefit coverage, provided they pay the full cost of that coverage.  Upon the completion of full-time union release time, such employees shall return to an equivalent position in the area of their certification.

In addition, a total of thirty (30) days per year shall be available to be divided for union officers to perform union business.

Additionally, the Union may purchase from the Employer a number of union release days not to exceed fifty (50) days.  These days shall be divided at the Union's discretion among designated bargaining unit members.  The Union will reimburse the Employer on a pro rata basis for the pay and benefits of employees who are released in this manner.

Holidays - All full time bargaining unit employees are entitled to the holidays listed below.

Labor Day

Christmas Eve & Day

Columbus Day

New Year’s Eve & Day Thanksgiving Day & Day After Martin Luther King Day President's Day

Good Friday

Memorial Day

Independence Day

Additionally,  all  Instructional  Staff  will  receive  time  off  during  the  following  breaks,  if applicable to their school calendars:

Fall Break Thanksgiving Break Winter Break

Spring Break

ARTICLE 14

PROFESSIONAL COLLABORATION

The Parties strive for a collaborative school environment  at each school site, where teacher talents will be utilized to their fullest potential, offering perspectives in administrative, curricular and extra-curricular decision making.

The Employer shall inform the Union of upcoming Network-wide committees needed to analyze or develop recommendations for programming, curriculum and instruction.  The Employer and Union will develop a process for informing members, soliciting participation on the committees and selecting committee members.

A.        Professional Problems Committee

A representative body elected by the bargaining unit will serve on the Professional Problems Committee (PPC).  This group convenes within three (3) weeks of a request by either party, and is intended to maintain network accountability (pursuant to applicable Employer policies).  The PPC can examine network-wide teacher performance data and review consequences or interventions taken at individual campuses.   Recommendations from the PPC are non-binding but  will  be  considered  by  Management.    Any  issue  brought  up  by  the  PPC  that  may  be considered for a future grievance will be specified in writing at the end of the meeting, thereby tolling the grievance time limit requirement to the time that the PPC meeting was requested.

B.        High School Courses

Course  offerings  will  be  decided  at  Employer  high  schools  collaboratively.     Before  the curriculum is decided for the next academic year, each department will recommend changes to the course  offerings  based  on input  from  administrators,  teachers,  and  counselors,  but  final decisions will be made by the Employer.

The parties commit that the committees and processes described above will be handled in a manner that will minimize disruption to school operations and class instruction.   The parties further understand that the bargaining unit employees who participate in said committees are still required to timely and satisfactorily perform their job requirements including class preparation.

ARTICLE 15

LAYOFF AND RECALL

A.        Layoff

1.         Notice to Union

Should layoffs be necessary for lack of work or lack of funds, the Employer shall advise the Union of any proposed layoffs and shall seek the Union’s view on the matter prior to taking action.

2.         Layoffs in Bargaining Unit Positions - Non-Instructional Staff

In the event a decision is made to reduce Non-Instructional Staff, such employees will be laid off based on seniority within the position at issue. However, if, because of a staff reduction, there are additional skills now required of the remaining employees in the position in question, then the Employer  may lay off the least senior employee  in said position who does not possess the additional skills now required of that position.  In other words, in such situations, the Employer may lay off out of seniority order, so as to ensure that all remaining employees in the position have the skills to perform all of the functions of the job.

3.         Layoffs in Bargaining Unit Positions:  Instructional Staff

In the event a decision is made to reduce the number of Instructional Staff, the Employer will give affected employees written notice of such dismissal by mail or personal delivery at least sixty (60) days before the last day of the school  year.   The Employer  (taking into account specific  teaching  needs,  determined  in  its  sole discretion,  and  assignment  of student  needs, scheduling demands, and subject matter needs) will lay off employees based on the Honorable Dismissal List.

The above referenced requirements will not apply if CPS does not provide the Employer with notice of the annual funding allocation prior to the stated notification periods, i.e.   the parties acknowledge that the Employer must have sufficient notice from CPS to meet the notice requirements specified in this Article, and there is a budget cut of more than five percent (5%).

4.         Honorable Dismissal List

Each year by January 30, the Employer shall develop an Honorable Dismissal list.  The list will categorize Instructional Staff members based on their current position certification/endorsement and rank each staff member in the same job title into one of the eight categories based on an average of their last two year-end evaluations, to the extent they exist.  (If less than two year-end evaluations exist, then the employer has the right to rely on only one year-end evaluation).  The referenced eight (8) categories are:

Category                          STRIVE Score

1                                       3.5-4.0

2                                       3.0-3.4

3                                       2.5-2.9

4                                       2.0-2.4

5                                       1.5-1.9

6                                       1.0-1.4

7                                       0.5-0.9

8                                       0.0-0.4

Within each of these categories, Instructional Staff shall be placed according to years of service in  their  job  title.    Layoffs  will  be  effectuated  by first  laying  off  Instructional  Staff  in  the particular job title without a year-end evaluation, then laying off staff within the lowest rank in inverse order based on years of service, before moving, if necessary, to a higher rank.

5.         Bumping Rights

An Instructional Staff member subject to layoff who is in Categories 1 through 5 shall be able to exercise his or her right to “bump” other Instructional Staff members in that job title who are on the Honorable Dismissal List in a lower rank in lieu of layoff in the order set forth below, provided that the Instructional Staff member is qualified for the position:

a.         To fill a vacant position at any employer worksite that the Instructional  Staff member is qualified for.

b.         To  displace  an  employee  in  the  employee’s  job  title  who  is  lower  on  the Honorable Dismissal list at the employees same worksite that the employee is qualified for.

c.         To  displace  an  employee  in  the  employee’s  job  title  who  is  lower  on  the Honorable Dismissal list at network-wide that the employee is qualified for.

A bargaining unit employee subject to displacement by the above procedure shall be considered subject to layoff and shall have the right to exercise the same options.  Displaced employees with no further rights to a., b. or c. above shall be considered laid off.

6.         Recall of Bargaining Unit Positions

Recall rights extend only to positions for which bargaining unit employees are qualified to teach for the following school term.  In the instance where two or more qualified Instructional Staff members in the job title within categories 1 through 5 apply to be recalled, recall decisions shall be based on the Honorable Dismissal List with the Employer having the right to hire the most qualified employee on the List based on seniority in the job title within the highest STRIVE score categories involved.   Recall rights will extend for the length of the employee’s seniority not to exceed more than two (2) years.

ARTICLE 16

TRANSFERS AND REASSIGNMENTS

In situations where a bargaining unit employee desires to transfer to another campus within the Network, each request will be handled in the following manner:  Assuming said employee firs timely submits an internal application for transfer (i.e.  no less than three (3) weeks prior to the first day that students return to class at the earliest opening school) pursuant to the Employer’s procedures, and the employee meets the qualifications and certification requirements for an open position at the desired campus, the employee will then be granted an internal screening interview at the desired campus.   In evaluating an internal candidate’s qualifications, the Employer will consider the employee’s prior work record, including, but not limited to, STRIVE evaluation scores.  As with the filling of any open position, the Employer reserves the right to determine the most qualified applicant for the position, given the particular needs of both the campus from which  the  employee  is  transferring  and  the  campus  to  which  the  employee  desires  to  be transferred.   However, the Employer will also make reasonable efforts to meet the needs of employees through the elective transfer process.  Employees will be notified whether or not they are selected within three (3) weeks of the screening interview.  Employees will not be retaliated against for requesting or participating in the transfer process.

The parties recognize that, on rare occasions, the Employer may be required to transfer certain bargaining unit employees in order to meet the needs of the Network, for example, when opening a new campus or other situation requiring a transfer.  In such circumstances, the Employer will consider  the  specific  needs  of  the  campus  in  question,  the  specific  qualifications   and certifications of the employees, and any specific concerns raised by those employees targeted for transfer.  The Employer, employee, and union will meet to discuss the terms of an involuntary transfer.  The request for transfer will not be unreasonably denied.  Under no circumstances will the Employer use the aforementioned transfer process in a punitive or discriminatory manner.

ARTICLE 17

NO STRIKES OR LOCKOUTS

During the term of this agreement, the parties agree that the bargaining unit employees shall not engage in a strike, or any other work stoppage, and the Union shall not instigate, encourage, or condone  the  same.    Further,  Employer  agrees  that  it shall  not  lock out  its  bargaining  unit employees.

ARTICLE 18

DISPUTE RESOLUTION

A.        Purpose

The primary purpose of this procedure is to secure, through the lowest level approach possible and in a professional manner, an equitable solution to the problem of the parties.

B.        Grievance-Defined

 A grievance is defined as any difference, complaint or dispute between the Employer and the Union or any employee over the application, meaning or interpretation of this Agreement or arising out of past practice or any other circumstances or conditions of employment.

C.        Investigation of a Grievance

A Director shall allow the Union delegate or his or her designee a reasonable period of time during the school day to investigate grievances.   Prior to the initial conference and upon the request of the Union delegate or his or her designee, the Director shall provide the Union with access to and copies of all existing and available documents that are relevant to the allegations in grievance, including all documents supporting the Employer’s actions, and shall supplement this production in a timely fashion if additional documents become available.  The Union President or his or her designee shall be accorded all the rights of the Union delegate in any school or unit. Time  allowed  shall  be  confined  to  investigating  grievances  that  have  been  brought  to  the Director’s attention.

D.        Procedure For Adjustment Of Grievance- Formal Process

Step 1:  Informal Conference 

i.          Prior to the filing of a grievance, the bargaining unit employee (with a Union representative if so desired) shall pursue an informal, professional approach with the object of resolving the matter informally.  The bargaining unit employee shall articulate the alleged violation(s) and desired remedy.  The Informal Conference shall be conducted with the applicable Academic Director or his or her designee. The conference must be requested in writing within fifteen (15) working days following the act or condition which is the basis of the grievance or within fifteen (15) days of when the bargaining unit employee or the Union should have reasonably known of the act or condition giving rise to the grievance.

ii.         If the matter is not resolved through the informal conference, the Director, or his or her designee will state in writing that they met with the bargaining unit member and were unable to resolve the issue within ten (10) working days after receiving the grievance.

Step 2:  Second Level of Authority 

i.          In the event the matter is not resolved informally, the grievance may be submitted to the Human Resources Director and Department Chief or their designees within fifteen  (15) working days  following the Director’s  response.  In doing  so, the grievance must be in writing and must articulate the specific violation (s) alleged (including the contract provisions violated) and the remedy sought.

ii.        Within ten (10) working days after receiving the grievance, the Human Resources Director and Department Chief or their designees shall hold a conference with the bargaining unit employer and, if requested, union representative.

iii.       A written memo stating the Human Resources Director’s and Department Chief’s or their designees’ decision in writing along with the supporting reasons shall be furnished, with one (1) copy to the bargaining unit employee, if any, who lodged the grievance, and one (1) copy to the Union representative.  This decision shall be given within ten (10) working days.

Step 3:  Arbitration 

i.          The  Union  may  refer  the  grievance  to  binding  arbitration  within  thirty  (30) working days after receiving the decision of the Employer’s Human Resources Director.   If the Union refers a grievance in timely fashion to arbitration, the following provisions shall be applicable.

ii.        Requests for arbitration must be director to the American Arbitration Association, with  a copy to  the Immediate  Supervisor  and  the Employer’s  Final  Level  of Authority.   The parties may alternately select an agreed upon arbitrator without the  use  of  the  American  Arbitration  Associate.    In  either  case  of  arbitrator selection, the voluntary labor arbitration rules of the American Arbitration Association shall apply to the proceeding.  Date of mailing or hand-delivery shall constitute filing under this Article.

iii.       The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement.  The arbitrator shall consider and decide   only   whether   there   has   been   a   violation,   misinterpretation   or misapplication of the express terms of this agreement based on the issue(s) raised by the grievance or as amended during Steps 1 and 2 and shall have no authority to make a decision on any issue not so submitted or raised.   If the arbitrator determines that there has been such a violation, he/she shall have the authority, consistent  with the terms of this subparagraph  (2), to provide  for appropriate relief.  The decision of the arbitrator shall be binding on the Employer, the Union and the bargaining unit members.

iv.        The fees and expenses of the arbitrator shall be either split by the parties or, at the discretion of the arbitrator, shall be paid entirely by the non-prevailing party.

E.        Time Limits

The statute of limitations for pursuing a grievance under this Article is fifteen (15) working days following the act or condition which is the basis of the grievance or within fifteen (15) working days of when the bargaining unit employee or the Union should have reasonably known of the act or condition giving rise to the grievance.  Grievances may be withdrawn at any step of the Grievance Procedure without prejudice.   Grievances not appealed within the designated time limits or extended by mutual agreement will be treated as withdrawn grievances.

The time limits at any step or for any hearing may be extended by mutual agreement of the parties involved at that particular step.

The Employer’s failure to respond within the time limits shall not find in favor of the grievant, but shall automatically advance the grievance to the next steps.

F.        Advanced Grievance Step Filing 

Certain issues which by nature are not capable of being settled at a preliminary step of the grievance procedure or which would become moot due to the length of time necessary to exhaust the grievance steps may be mutual agreement be filed at the appropriate advance step where the action giving rise to the grievance was initiated.  Mutual agreement shall take place between the appropriate Union representative and the appropriate Employer representative at the step where it is desired to initiate the grievance.

ARTICLE 19

ACADEMIC FREEDOM

It is the intent of the parties to assure that Instructional Staff enjoy academic freedom in the Schools.  Academic freedom shall mean that teachers are free to present instructional materials which are pertinent to the subject and level taught, within the outlines of appropriate course content and within the planned instructional program,  as determined by normal instructional and/or administrative procedures and as finally approved by the Administration of the Employer. Academic  freedom  shall  also  mean  that  Instructional  Staff  shall  be  entitled  to  freedom  of discussion within the classroom on all matters which are relevant to the subject matter under study and within  their areas  of professional  competence,  assuming that all facts  concerning controversial issues shall be presented in a scholarly and objective manner, and assuming that all discussion   shall   be   maintained   within   the   outlines   of   appropriate   course   content,   be pedagogically justifiable, and be subject to the standards of good taste.

It is the intent of the parties that this Article shall not apply to routine differences of opinion or disagreements among the Instructional Staff or between the Instructional Staff and the Administration  regarding  curriculum,  methodology,  selection  or  materials,  or  conduct  of classroom teaching, and shall not apply to criticisms and critical analysis resulting from the normal  evaluation  of  classroom  teaching  performance,  but  shall  be utilized  only to process claims that academic freedom, as defined in paragraph 1 above, has been clearly and positively breached by some specific, definite act or order of the Administration of the Employer.

Nothing in this Agreement is intended to or shall have the effect of inhibiting or limiting the right of any Instructional Staff member from expressing, in a professional manner, his or her views with respect to any educational matter relating to the Schools.

Notwithstanding anything stated in this Article, management retains the sole and exclusive right to determine the curriculum, curricular resources, and the standards and parameters thereto.

ARTICLE 20

PROFESSIONAL CONDUCT

All bargaining unit employees are expected to act as professionals, lead students to academic success, work collaboratively and in a team-oriented fashion, and participate in furtherance of Employer’s mission.

ARTICLE 21

ACCESS TO PERSONNEL FILE

The  Employer  shall  maintain  the  official  personnel  file,  which  file  may  be  maintained  in electronic format in the sole discretion of the Employer, for each bargaining unit employee, with said file being kept in the human resources office.  Staff shall have the right to add explanatory material to their official personnel file, as allowed by law.

A bargaining unit employee shall be provided a copy of any material that is to be placed in his or her official file.  The bargaining unit employee shall acknowledge that he or she has read such material by affixing his or her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he or she has read the documents to be filed and does not necessarily indicate agreement with its content.

Bargaining unit employees shall be permitted to review the official personnel file according to the Personnel Record Review Act (820 ILCS 40/1, et seq.).  If authorized by a bargaining unit employee in writing, the Union may also review the file. The  Employer  shall  not  gather  or keep  record  of non-academic  or non-employment  related activities or information.

ARTICLE 22

INTELLECTUAL PROPERTY

Instructional Staff may use their own lesson plans, assessments, and instructional materials developed  while  employed  by  the  Employer,  without  being  deemed  in  violation  of  any employment agreement with the Employer.

ARTICLE 23

SAFETY CONDITIONS

Bargaining unit employees shall be responsible for immediately reporting, in writing, to their immediate supervisor any unsafe, hazardous, unhealthy, or potentially dangerous working condition.  A response will be provided to the employee within a reasonable time frame, which reflects the urgency of the concern.

The campus safety team shall assume the responsibility to investigate all conditions, which are reported to be unsafe, hazardous, unhealthy, or potentially dangerous.  The campus safety team will then make recommendations to management, who will promptly  make a good faith effort to resolve the issue or otherwise ensure employees personal safety.   Bargaining unit employees shall immediately report cases of assault or attacks suffered in connection with their employment to  their  School  Director  or  immediate  supervisor,  and  ,  in  emergent  circumstances  posing imminent risk of bodily harm, to local law enforcement.  There shall be no reprisals for making reports  in accordance  with  this  Article.    The  Employer  or designee  shall  comply  with  any reasonable request from the unit member for information in the possession of the Employer relating to the incident or the persons involved, and shall act in appropriate ways as liaison between the unit member, local law enforcement and the courts.

All classroom entry points shall be lockable, and the teacher and other appropriate staff shall have a key.

The parties agree that in addition to the requirements and responsibilities stated above, it is a critical responsibility of all Bargaining unit employees to understand and comply with the School Campus Safety Plan specific to each location.

ARTICLE 24

STATUTORY CHANGES

Improvements in benefits included in this Agreement which is brought about by the amendment or addition of statutory guarantees now provided in Illinois or federal law shall be incorporated into this Agreement.

If there are improvements in funding ratios or if there is a reduction in funding or a reduction or elimination  of benefits, which are brought about by the amendment  or addition of statutory guarantees now provided in Illinois legislation or administrative law, rules, regulations or procedures or federal law then either the Union or the Employer may, upon written notice to the other,  reopen   this  Agreement   for  the  sole  purpose   of  negotiating   the  impact  of  said improvements or reductions on the wages and benefits provided in the Agreement.  The parties agree to conduct such negotiations on an expedited basis, and make every effort to conclude such negotiations as quickly as possible.

ARTICLE 25

AUTHORITY OF THE AGREEMENT 

If any provision of this Agreement or application thereof to any party is declared invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such invalidity, illegality, or unenforceability does not affect other provisions or applications of the Agreement, which can be given effect without the invalid application or provision, and to this end the provisions of this Agreement are severable, unless otherwise provided for by law.  A court may substitute a lawful term or condition for any provision found to be unlawful, provided that any such substituted provision shall not deny the parties the benefits arising to them under this Agreement.

There  shall  be no  reduction  in  benefits  during  the  term  of  this  Agreement  without  mutual agreement of the parties, unless otherwise prohibited by law.