Transcription
Negotiated AgreementBetweenBoard Of Education of Lyons Township High SchoolDistrict 204, Cook County, IllinoisandLyons Township Education Association (LTEA)2018-2023
2018-2023 Negotiated AgreementTable of ContentsArticleTitle PageArticle I.Preamble . .2Article II.Recognition . .2Article III.Principles . .2Article IV.Mediation . .3Article V.Definition of Rights and Responsibilities . .3Article VI.Grievance Procedures . .5Article VII.Maintenance of Standards . .7Article vm.Certified Employee Protection . .8Article IX.Full-Time Continuous District Service . .9Article X.Reductions in Personnel . .10Article XI.Certified Employee Work Load and Duties . .10Article XII.Compensation and Related Provisions . .13ArticleXID.Leaves of Absence . .21Article XIV.Entire Agreement. . .23Article XV.Duration . .23Article XVI.Notice . .24Article XVII.Validity . .24Article XVIII.Signatures . .24Appendix A.Salary Schedules . .25Appendix B.Stipends . .32Appendix C.Summer Program Compensation . .37Appendix D.Summer Workshop Compensation . .38Appendix E.Letter of Understanding . .39.40Index12619844.1
A Negotiated AgreementbetweenThe Board of Education of Lyons Township High School District 204, Cook CountyandThe Lyons Township High School Education AssociationArticle I. PreambleThe Board of Education of Lyons Township High School District 204, Cook County, and the LyonsTownship High School Education Association recognize that the ultimate aim of public schools isto provide the best possible education for youth in the District. Attainment of this educationalobjective is a joint responsibility of the Board of Education, the Superintendent, his/her staff andcertified employees.Article II. RecognitionA. The Board of Education of Lyons Township High School District 204, Cook County, lllinois,hereafter called the "Board," recognizes the Lyons Township High School EducationAssociation, hereafter called the "Association," as the sole and exclusive negotiating agent forall certified employees, including certified nurses, except the Administrative Cabinet (i.e.,Superintendent, Principal, Director of Curriculum and Instruction, Director of Human Resources,and Director of Business Services), Associate Principals, Assistant Principals, DivisionChairpersons, and Assistant Division Chairpersons (in their administrative roles). Any certifiedemployee serving in administrative position(s) who also engages in certified instructionalactivities will be covered by the terms of this Agreement with respect only to such activities ashe/she may be assigned.B. The term "certified employees," when used hereinafter in this Agreement, shall refer to allcertified employees represented by the Association in the negotiating unit as determined inparagraph "A" above.C. The Board agrees not to negotiate with any certified employee organization other than theAssociation for the duration of this Agreement; further, the Board agrees not to negotiate withany certified employee individually during the duration of this Agreement on matters subject tonegotiations.Article III. PrinciplesAttainment of educational objectives of the District requires mutual understanding and cooperationbetween the Board and the Association. To this end, free and open exchange of views is desirableand necessary, with both parties participating in good faith negotiations.22619844.1
The success of the educational program in the District depends upon the maximum utilization of theabilities of well-qualified certified employees who are satisfied with the conditions under whichtheir services are rendered. Constant effort should be given to obtaining and retaining the bestprofessional staff.Article IV. MediationA. When an impasse is declared pursuant to the Illinois Education Labor Relations Act (IELRA),the Federal Mediation and Conciliation Service shall be notified by both parties in writing of theneed for a mediator. Nothing herein prevents the parties from agreeing to use other sources fora mediator.B. Costs for the services of consultants utilized by a party shall be paid by that party. The cost of amediator and/or arbitrator shall be shared equally by the Board and the Association.Article V. Definition of Board and Association Responsibilities and RightsA. The Board hereby retains and reserves unto itself all powers, rights, authority, duties, andresponsibilities conferred upon and vested in it by the statutes of the State of lllinois, providedthat such rights and responsibilities shall be exercised, to the extent not inconsistent with law, inconformity with the provisions of this Agreement and all other agreements between the parties.B. "Good faith" bargaining is defined as the mutual responsibility of the Board and the Associationto deal with each other openly and fairly and to endeavor sincerely to reach agreement on itemsbeing negotiated.C. Contracts1. The Board shall not issue individual certified employee contracts or employment agreementsduring negotiations or mediation; however, the Board may issue individual contracts tonewly employed certified employees.2. The individual contracts of newly employed and/or non-tenured certified employees shall bebinding and shall be adjusted to conform to the negotiated settlement.3. It is agreed that no contracts or memorandum of a new salary schedule shall be issued totenured certified employees until there is a negotiated agreement.D. In the application of the terms and conditions of this Agreement, neither the Board nor theAssociation will discriminate against any certified employee on the basis of race, creed, color,marital status, sex, age, national origin, sexual orientation, or disability defined under theAmericans with Disabilities Act. (ADA)32619844.1
E. The Association and its representatives shall have the right to use school buildings for areasonable number of meetings, provided that no such meeting shall be held during the regularschool day, nor shall it in any way unreasonably interfere with any aspect of the instructionalprogram, and provided further that when special custodial service is required and other costs areincurred, the Board may make a reasonable charge therefore.F. Duly authorized representatives of the Association and their respective affiliates shall have theright to transact official Association business on school property, at all reasonable times,provided that this shall not interfere with or interrupt normal school operations, and furtherprovided that no Association or Administration view on matters relating to certified employeediscipline will be discussed in the presence of anyone other than the parties directly involved.G. The Board agrees to furnish as promptly as possible to the Association in response to reasonablerequests from time to time all available information concerning the financial resources of theDistrict, including, but not limited to, annual financial reports and audits, treasurer's reports,names and addresses of all certified employees, register of certified employees, topical agendasand minutes of all open Board meetings, demographic report and membership data.H. During the period that this Agreement is in effect, the Association hereby agrees not to strike,engage in, support or encourage any concerted refusal to render full and complete services to theDistrict.I.The Association shall have the right to post notices of its activities and matters of Associationconcern on the bulletin board in each of the staff cafeterias (a portion of which shall be retainedexclusively for Association announcements), the right to use the District mail service, certifiedemployee mailboxes, e-mail and voicemail for communication. A copy of all officialcommunications will also be placed in the mailbox of each Administrative Cabinet member, orforwarded to them electronically, for the purpose of keeping all responsible personnel adequatelyinformed. The Superintendent (or his/her designee) shall forward a copy of each communicationreceived by the Superintendent's Office from the Association to each Board member.J. The Board agrees that its Rules and Regulations governing certified employees' conduct willcontinue to be reasonable. Enforcement of discipline will be private, equitable and in accordwith the due process to which certified employees are entitled.K. Each certified employee shall have the right, upon request, to review the contents of all his/herown Human Resources files. A representative of the Association may, at the request of thecertified employee, accompany the certified employee in this review.L. The Board shall conduct a criminal background check on each new certified employee per Statelaw.42619844.1
M. The Board and Association agree that each certified employee is subject to the ProfessionalAppraisal System as negotiated by both parties. An Oversight Committee comprised of certifiedemployees and administrators monitor and make recommendations for improvement to theProfessional Appraisal System to the Association and Board of Education.A joint PERA committee shall be established to incorporate the use of data and indicators onstudent growth as a significant factor in rating teacher performance into the current ProfessionalAppraisal System for both tenured and non-tenured teachers in accordance with Article 24A-4of the School Code.N. Each certified employee has the legal obligation and professional responsibility to fulfill Staterecertification requirements in order to maintain his/her certificate(s) in active status. The Districtand the Association agree to assist certified employees in the recertification process.Article VI. Grievance ProceduresA. Definition1. A grievance shall be any claim by a certified employee or the Association that there has beena violation, misinterpretation, or misapplication of the Negotiated Agreement and anysubsequent letters of understanding.2. All time limits consist of working days except when a grievance is submitted less than ten( 10) days before the close of the current school term, time limits shall consist of all weekdays in order that the matters may be resolved before the close of the school term or as soonthereafter as possible. Working days for purposes of the grievance procedure shall meancertified employee employment days. During the summer break, working days shall meanall week days through June 30, and shall not include any days from July 1 until the firstTeacher fustitute Day in August. The failure of the aggrieved party to act on any grievancewithin the prescribed limits established by the grievance procedures will act as a bar to anyfurther appeal.3. Upon selection and certification by the Association, the Board shall recognize a grievancerepresentative in each building and an Association grievance committee. At least oneAssociation representative shall be present at any meeting, hearing, appeal, or otherproceeding relating to a grievance which has been formally presented. Nothing containedherein shall be construed as limiting the right of any certified employee having a grievanceto discuss the matter personally and informally with his/her Supervisor(s), Principal, andSuperintendent, and having the grievance adjusted without intervention of the Association,provided the Association shall be notified of the final disposition of the grievance, and theadjustment is not inconsistent with the terms of this Agreement.B. Procedures1. Step One An attempt shall be made to resolve any grievance in informal, verbal discussionbetween complainant and his/her immediate Supervisor. When requested by the certifiedemployee, an Association representative may accompany the certified employee to assist inthe informal resolution of the grievance. If, however, such informal processes fail to satisfythe certified employee and the Association, a grievance may proceed to Step two.2. Step Two The certified employee or the Association may present the grievance in writing to52619844.1
the Principal who will arrange for a meeting to take place within five (5) working days afterreceipt of the grievance, with the Association's representative, the aggrieved certifiedemployee, and the immediately involved Supervisor. The Principal shall provide a writtenanswer of the grievance to the aggrieved certified employee and the Association within two(2) working days after the meeting. This answer shall include the reasons for the decision.A grievance shall be considered waived unless it is presented to the Principal in writingwithin sixty (60) working days after the occurrence of the situation giving rise to thegrievance.3. Step Three If the grievance is not resolved at Step Two, then the Association may refer thegrievance to the Superintendent (or his/her official designee) within six (6) working daysafter receipt of the Step Two answer or within eight (8) working days after the Step Twomeeting, whichever is the later. The Superintendent shall arrange for a meeting with therepresentatives of the Association's grievance committee to take place within five (5)working days of his/her receipt of the appeal. Each party shall have the right to include in itsrepresentation such witnesses as it deems necessary to develop facts pertinent to thegrievance. Upon conclusion of the hearing, the Superintendent shall have five (5) workingdays in which to provide his/her written decision to the Association. Such answer shallinclude the reasons for the decision.4. Step Four If the grievance is not resolved at Step Three, then the Assocation may refer thegrievance in writing to the Board's Grievance Committee within six (6) working days afterreceipt of the written decision of Step Three. The Association may present a written brief tothe Board, and may request an oral hearing on the grievance. If requested by the Association,a hearing will be conducted by the full Board or by a subcommittee of the Board, as the Boardmay designate. If requested by either the Board or the Association, the hearing shall be opento the public. The number of Association requests for such hearings will be reasonable. StepFour's hearing shall occur within forty-five (45) working days after referral by theAssociation to Step Four. The full Board shall consider the grievance within thirty (30)working days of the receipt of the committee's recommendation. The Board shall then renderits decision within ten ( 10) working days after its consideration of the grievance and shallcommunicate in writing its decision to the Association.5. Step Five If the Association is not satisfied with the disposition of an arbitrable grievance atStep Four, or the Step Four time limits expire without the issuance of the Board's writtenanswer, then the Association may submit the grievance to final and binding arbitration. Alist of at least seven (7) arbitrators shall be secured from the American ArbitrationAssociation. Final selection of the arbitrator shall be made by the parties, alternately strikinga name from the list until one name remains, and this person shall serve as arbitrator. Theparty eligible for the first deletion shall be determined by chance. If the final arbitrator isunable to serve, the last name struck from the list shall be the alternate. If a demand forarbitration is not filed within ten ( 10) working days of the Board's Step Four decision, thegrievance shall be deemed withdrawn; however, if Step Five is used, the followingprocedures will be observed.a. It is agreed that the arbitrator is empowered to include in any award such financialreimbursements or other remedies as he/she judges to be proper; however, the arbitrator,in his/her opinion, shall not amend, modify, nullify, ignore, or add to the provisions ofthe Agreement. His/her authority shall be strictly limited to deciding only the issue orissues presented to him/her in writing by the Board and the Association, and his/her62619844.1
decision must be based solely upon his/her interpretation of the meaning or applicationof the express relevant language of this Agreement.b. Each party shall bear the full costs for its representation in the arbitration, and the cost ofthe arbitrator shall be divided equally between the parties.c. Should either party request a transcript of the proceedings, then that party shall bear thefull costs for that transcript. Should both parties request a transcript, then the cost of thetwo transcripts shall be divided equally between the parties.C. Rights and Responsibilities1. If the Association and the Superintendent agree, Step Two and/or Step Three of the grievanceprocedure may be by-passed and the grievance brought directly to the next Step.2. The Association may file initially at Step Three grievances involving more than one (1)Supervisor and/or any Administrative Cabinet member.3. The Board acknowledges the right of the Association's grievance representative to participatein the processing of a formal grievance procedure at any level, and no certified employeemay be required to discuss any grievance if the Association's representative is not present.4. When a certified employee is not represented by the Association, the Association shall havethe right at its request to have its representative present to state its views at all stages of theformal grievance procedure.5. The Board and the Administration will cooperate with the Association in its investigation ofany grievance, and further, will make immediately available to the Association such pertinentinformation as is reasonably requested for the processing of any grievance.6. No reprisals of any kind will be taken by the Board or the Administration against any certifiedemployee because of his/her participation in this grievance procedure.7. The party losing the grievance shall pay the full cost of salary and substitute wages incurredby the Board as a result of releasing certified employees to testify at grievance hearings.Any dispute concerning the application of this paragraph shall be detennined by thearbitrator.8. All documents, communications, and records dealing with the processing of a grievance willbe filed separately from the Human Resources files of the participants.9. A grievance may be withdrawn at any level without establishing precedent.Article VII. Maintenance of StandardsA. Prior to any change by the Board and/or Administration in a term or condition of employmentnot covered by this Agreement, which may include an arbitrable, recognizable past practice, theparties shall meet at reasonable times and negotiate in good faith with respect to any such change,and execute a written addendum incorporating any agreement which is reached, provided thatneither party is compelled to agree to a proposal or is required to make a concession.72619844.1
B. The parties recognize that the Board shall not be required to bargain over matters of inherentmanagerial policy, which shall include such areas of discretion or policy as the functions of theemployer, standards of services, its overall budget, the organizational structure and selection ofnew certified employees and direction of certified employees. The Board, however, shall berequired to bargain collectively with the Association with regard to policy matters directlyaffecting wages, hours and terms and conditions of employment, as well as the impact thereon,upon request by the Association and to the extent that such matters are not otherwise covered bythis Agreement.C. The Board and the Association agree that in the event of any dispute concerning the interpretationor application of Article VII; the party allegedly aggrieved may file an appropriate unfair laborpractice charge pursuant to the IELRA and/or may file a grievance pursuant to Article VI.Article Vlll. Certified Employee ProtectionA. 1. Any case of assault upon a certified employee while in the course of his/her duties must bereported promptly by the certified employee to his/her Supervisor, who will so advise thePrincipal, who will report the assault to the Superintendent as the Board's designee.2. The Board shall provide legal counsel selected by the Board to advise the certified employeeof his/her rights and obligations with respect to such assault and shall render all reasonableassistance to the certified employee in connection with the handling of the incident by lawenforcement and judicial authorities.3. Certified employees are responsible for exercising reasonable care and caution, andotherwise adhering to the District's reasonable safety directives. The Board is not responsiblefor the loss or damage to personal property except in the following circumstances: civilcommotion, concerted student violence, and/or vandalism. In such instance(s), the Boardwill reimburse a certified employee for loss or damage of personal property while in thecourse of his/her duties in an amount not to exceed five hundred ( 500.00) dollars or thecertified employee's insurance deductible, whichever is less. Any claim submitted under thisSection must be at least twenty ( 20.00) dollars. The Board will reimburse the certifiedemployee upon submission of documentation deemed appropriate by the Administration.B. The Board shall provide legal counsel selected by the Board and shall render all necessaryassistance to the certified employee in his/her defense when damages are sought for negligent orwrongful acts alleged to have been corrunitted in the scope of employment or under the directionof the Board.C. Deductions in the salary of a certified employee shall not be made in connection with courtappearances or time required in consultation with the State's Attorney's Office or private counselto prepare a case for litigation arising under the provisions of this Article.D. With this provision, the parties express their mutual intent to avoid, to the extent possible, falseand unsupported parent complaints as the basis for disciplinary action against certifiedemployees.1. Any complaint(s) by a parent/guardian of a student directed toward a certified employee shallbe channeled through the certified employee. A person-to-person conference is preferred.82619844.1
The certified employee shall be required to attend any such conference. A telephone or emailcontact is acceptable if both the parent/guardian and certified employee agree. No additionalaction shall be initiated by the Administration until a parent-teacher conference has beencompleted.2. If the parent/guardian or the certified employee is not satisfied with the results of thisconference, the dissatisfied party may request a conference with the parent/guardian,certified employee, and certified employee's Supervisor. The certified employee may alsorequest that an Association representative attend such conference.3. If the parent/guardian or the certified employee is not satisfied with the results of thisconference, the dissatisfied party may request a conference with the parent/guardian,certified employee, Supervisor, and Principal. The certified employee may also requestthat an Association representative attend such conference.4. If the parent/guardian or the certified employee is not satisfied with the results of thisconference, the dissatisfied party may request a conference with the parent/guardian, certifiedemployee, Supervisor, Principal, and Superintendent. The certified employee may alsorequest that an Association representative attend such conference.5. The parties recognize that there may be occasions when a parent/guardian, for whateverreason, refuses or is reluctant to physically participate in a conference with the certifiedemployee about which the parent is complaining. In such circumstances, the partiesrecognize that the parent/guardian-certified employee conference may occur through otherappropriate means as facilitated by an Administrator. Further, we also recognize that acomplaint against a certified employee by a parent/guardian and the certified employee'sresponse may be corroborated by independent and credible sources.E. In accordance with Section 105 ILCS 5/10-20.20 of The Dlinois School Code, the Board shallprovide indemnification and protection against claims and suits.F. The Board shall provide legal counsel selected by the Board as specified in this article uponwritten request from the certified employee to the Board (or its designee). Where possible, suchrequest shall be executed by the certified employee within seven (7) working days from the datethe certified employee is made aware of such need. The Board (or its designee) shall execute awritten reply within seven (7) working days, indicating receipt of the request and stating theassistance to be provided.G. Nothing contained in this article shall be construed to require the Board to furnish counsel fordefense of any certified employee in any criminal proceeding resulting from accusations notrelated to the normal course of his/her assigned duties.Article IX. Full-Time Continuous District ServiceA. Service credit will be granted for District certified employees only.B. For purposes calculating full-time continuous service in the District, the followingwill be applied.1. Certified employees will receive one year ( 1.0) service credit for each school92619844.1
year of full-time service.2. Certified employees working a school year on a part-time assignment willreceive pro-rated service credit for each such year on a full-time equivalency(F.T.E.) basis.3. Certified employees working for less than a school year will receive pro-ratedservice credit for each such partial school year on a F.T.E. basis with 183 daysaccepted as the number of work days in a school year.4. Service credit will not be awarded to a certified employee during any timehe/she was on an unpaid leave of absence. If a certified employee was onunpaid leave of absence, for part of a school year, a F.T.E. calculation will bemade for the portion of school year employed.5. Service credit will be extended on a F.T.E. basis to certified employees whileon any leave for which they receive pay from the District.6. Service credit will be granted to certified employees who were previouslyemployed full-time by LADSE in a program in which there are predominantlyDistrict students.7. Service credit will be granted on a F.T.E. basis for a certified employee who ison an approved disability leave and who is drawing compensation for such.8. The counting of service credit will begin on the first day of service, which isthe first official teacher work day of the school year. An interruption inservice credit for any reason other than for a Board-approved leave of absencewill cause the certified employee to lose all service credit earned in theDistrict.C. Service credit for administrators will be earned and counted per the following.1. All administrators who have previous District certified employee servicecredit shall be allowed to retain that service credit for the calculation ofcontinuous service and seniority.2. Administrators without any prior bargaining unit service credit who aretransferred or reassigned to the bargaining unit for any reason shall not becredited with any seniority provided that if such an Administrator hasachieved tenure as a certificated employee, he/she shall be placed on theseniority list as the least senior tenured teacher.Article X. Reductions in PersonnelReductions in force shall be done in accordance with the requirements of the lllinois School Code,Section 105 ILCS 5/24-12. 'Article XI . Certified Employee Work Load and Duties102619844.1
A. A certified employee shall not be permanently assigned to perform duties outside his/her majoror minor field.B. Certified employees will be notified in writing of their tentative assignments prior to the end ofthe school year. In the event that these tentative assignments are changed, the certified employeeshall be notified no later than thirty (30) days preceding the first date of the new school year. Inno event shall changes in the certified employee's assignments be made later than thirty (30) dayspreceding the commencement of the next school year unless an emergency situation requiressame. In the event of such change in assignment, the Association shall be notified in writing,and the certified employee shall be allowed to resign if such change is not acceptable to him/her.C. The
The Board and Association agree that each certified employee is subject to the Professional Appraisal System as negotiated by both parties. An Oversight Committee comprised of certified employees and administrators monitor and make recommendations for improvement to the Professional Appraisal System to the Association and Board of Education.
