Kidstop Instructor's Contract
July 1, 2006 – June 30, 2008
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ARTICLE I     PURPOSE OF AGREEMENT
ARTICLE II    EMPLOYEE REPRESENTATIVE
ARTICLE III   DEFINITIONS
ARTICLE IV    SCHOOL BOARD RIGHTS
ARTICLE V     KIDSTOP INSTRUCTORS' RIGHTS
ARTICLE VI    SCHEDULE OF RATES OF PAY
ARTICLE VII   GROUP INSURANCE
ARTICLE VIII  LEAVES OF ABSENCE
ARTICLE IX    GRIEVANCE PROCEDURE
ARTICLE X     DURATION


ARTICLE I
PURPOSE OF AGREEMENT

Section 1.  Parties:  This Agreement, entered into between the School Board, Independent School District 279, Maple Grove, Minnesota, hereinafter referred to as the School District and the Kidstop Instructors, is pursuant to and in compliance with the Public Employment Labor Relations Act as amended, hereinafter referred to as the PELRA, and provides the terms and conditions of employment for Kidstop Instructors during the term of this Agreement.



ARTICLE II
EMPLOYEE REPRESENTATIVE

Section 1.  Recognition:  In accordance with the PELRA, as amended, the School Board recognizes Education Minnesota - Osseo as the exclusive representative of Kidstop Instructors employed by the School Board.  The exclusive representative will have those rights and duties as prescribed by the PELRA and as described in this Agreement.

 

Section 2.  Appropriate Unit:  The exclusive representative will represent all the Kidstop Instructors of the district as defined in this Agreement and in said Act.

 


ARTICLE III
DEFINITIONS


Section 1.  Terms and Conditions of Employment:  Will mean the hours of employment, the compensation therefore, including fringe benefits, except retirement contributions or benefits, and the employer's personnel policies affecting the working conditions of the employees, but does not mean educational policies of the School District.  The terms in both cases are subject to the provisions of the PELRA.

 

Section 2.  Kidstop Instructors:  Will mean all Kidstop Instructors employed by Independent School District 279, Maple Grove, Minnesota, who are public employees within the meaning of Minnesota Statutes 179A.03, Subd. 14, excluding supervisory, confidential, and all other employees.

 

Section 3.  School Board:  For purposes of administering this Agreement, the term "School Board" may also mean the designated representative.

 

Section 4.  Other Terms:  Terms not defined in this Agreement will have those meanings as defined by PELRA.

 


ARTICLE IV
SCHOOL BOARD RIGHTS

Section 1.  Inherent Managerial Rights:  The Kidstop Instructors recognize that the School Board is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the School Board, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel.

 

 

Section 2.  Management Responsibilities:  The Kidstop Instructors recognize the right and obligation of the School Board to efficiently manage and conduct the operation of the School District within its legal limitations and with its primary obligation to provide educational opportunity for the students of the School District.

 

Section 3.  Effect of Laws, Rules and Regulations:  The exclusive representative recognizes that all employees covered by this Agreement will perform the services prescribed by the School District and will be governed by School Board policies, rules, regulations, directives and orders which are not inconsistent with the terms and conditions of employment set forth in this Agreement and which are issued by properly designated officials of the School District.  Any provision of this Agreement found in violation of any law, rule or regulation there under, will be without force or effect.

 

Section 4.  Reservation of Managerial Rights:  The foregoing enumeration of School Board rights and duties will not be deemed to exclude other inherent management rights and management functions not expressly reserved herein, and all management rights and management functions not expressly delegated in this Agreement are reserved to the School District.



ARTICLE V
KIDSTOP INSTRUCTORS' RIGHTS

Section 1.  Right to Views:  Pursuant to the PELRA, nothing contained in this Agreement will be construed to limit, impair or affect the right of any employee, or his/her representative, to the expression or communication of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as the same is not designed to and does not interfere with the full faithful and proper performance of the duties of employment or circumvent the rights of the exclusive representative; nor will it be construed to require any employee to perform labor or services against his/her will.

 

Section 2.  Right to Join:  Kidstop instructors will have the right to form and join labor organizations, and will have the right not to form and not to join such organizations.  Kidstop instructors will have the right by secret ballot to designate an exclusive representative for the purpose of negotiating grievance procedures and the terms and conditions of employment for such employees with the School District.

 

Section 3.  Request for Dues Checkoff:  Kidstop instructors will have the right to request dues checkoff for the organization of the exclusive representative in accordance with the provisions of the PELRA, as amended.  Upon receipt of a properly executed authorization form from the employee, the School District will deduct, in equal installments, from the employee's paycheck the dues the employee has agreed to pay the exclusive representative during the effective period of authorization.  The authorization will continue in effect until terminated by the employee in writing.

 

Section 4.  Fair Share Fee:  In accordance with the PELRA, any employee included in the appropriate unit who is not a member of the exclusive representative may be required by the exclusive representative to contribute a fair share fee for services rendered as exclusive representative.  The exclusive representative hereby warrants and covenants that it will defend, indemnify and save the School District harmless from any and all actions, suits, claims, damages, judgments and executions or other forms of liability, liquidated or unliquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of the deduction of the fair share fee specified by the exclusive representative as provided herein.

 

Section 5.  Credit Union Deductions:  Kidstop instructors will have the right to request payroll deductions for one credit union selected by the EM-O Kidstop Negotiation's Committee.

 

Subd. 1.  Authorization:  Upon receipt of properly executed authorization card of the employee, the School District will make the designated deduction per paycheck.  However, in no event will the authorized amount cause a net payroll check of less than eighty-five dollars ($85) to be written.

 

Subd. 2.  Terms of Authorization:  Authorization cards will be filed with the payroll department by the employee and will continue in effect until revoked by the employee on a form provided by the School District payroll department.  Application for credit union deduction will be accepted at any time with change in payment reflected as soon as is practicable, but within forty-five (45) days.

 

Section 6.  Personnel Files: 

 

Subd. 1.  Access:  All individual Kidstop Instructor evaluations and individual Kidstop Instructor's files generated within the School District will be available to the instructor during regular School District hours upon the employee's request in accordance with Minnesota Statutes.

 

Subd. 2.  Review:  Such request will be made to the Human Resources.  Human Resources will schedule an appointment for the Kidstop Instructor to review their file and will notify the instructor of such appointment. 

 

Subd. 3.  Documentation of Contents:  The Kidstop Instructor and Human Resources representative will document the file content before the instructor is given the file for review.  All such reviews will take place in Human Resources.  The instructor and Human Resources representative will document the contents of the file at the termination of the review.

 

Subd. 4.  Right to Copy:  The Kidstop Instructor will have the right to a copy of any of the contents of his/her files at their expense.

 

Subd. 5.  Right to Response:  The Kidstop Instructor may submit for inclusion in his/her file a written response to any material contained in such file.

 

Subd. 6.  Destruction/Expungement:  The School District may destroy such files as provided by law.

 

Section 7.  Other Rights:  Kidstop Instructors will have all other rights prescribed by the PELRA.




ARTICLE VI
SCHEDULE OF RATES OF PAY

Section 1.  Hourly Rates of Pay:  The following rates of pay will be in effect for the period of July 1, 2006 through June 30, 2008.

 

                               2006-2007                 2007-2008

                STEPS                HOURLY                 HOURLY

                               

                Step 1               $14.00               $14.45

                Step 2               $14.65               $15.00

                Step 3               $15.50               $16.00

                Step 4               $16.50               $17.00

                Step 5               $18.25               $18.75

 

 

All Kidstop Instructors who have ten (10) or more years of consecutive employment in Independent School District 279 will receive a $.40 per hour career increment differential.

 

All Kidstop Instructors who have twenty (20) or more years of consecutive employment in Independent School District 279 will receive a $.25 per hour career increment differential.

 

Subd. 1.  Additional compensation for late pickups.  Add time as indicated to timecard:

 

6:01 - 6:04            ADD        15 minutes

 

6:05 - 6:25            ADD        30 minutes

 

6:26 - 6:45            ADD        60 minutes

 

6:46 - 7:00            ADD        1-1/2 hours

 

Section 2.  Hours:

 

Subd. 1.  Work Year:  The primary work year for all employees will be considered the school year program.  A regular employee who works the summer program will be eligible to use accumulated sick leave days.

 

All employees will be expected to work their regular daily assignment on those days the Kidstop program is in session or scheduled to be in session with the exception of non-school program days.  On those days, management reserves the right to assign work hours and site assignment to facilitate program operation.  No employee will normally exceed thirty one (31) hours per week in any combination of duties.  Any deviation from the regular daily assignment other than leaves as provided in Article VII must have the prior approval of the community education coordinator or designee and Human Resources.

 

Subd 2.  Overtime:  Work over forty (40) hours per week will be paid at time and one-half or by compensatory time at time and one-half, as determined by the employee and the immediate supervisor.  All overtime must be authorized in advance.

 

Subd. 3.  Summer Programs: 

 

a) Summer Program notification:  Kidstop Instructors working the school year program will notify    Human  Resources by February 1st of their intent to work the summer program.

b)  Kidstop Instructors will be paid at their same school year rate when employed as a substitute in the            Summer Program.

 

Section 3.  Emergency Program Closing:  In the event the school program starts late or is closed early due to inclement weather or other emergency situations, instructors will be paid for their normal work assignment on such days.  On such days, their work assignment will be determined by their immediate supervisor.  In the event school is cancelled due to inclement weather or other emergency situations, instructors will be paid for three (3) days, per year, for their normal work assignment.

 

Subd. 1.  If the school program is closed and the Kidstop Instructor arrives at work site due to lack of notification prior to leaving for work, the instructor will be paid for an additional 2 hours. 

 

Subd. 2.  In the event of a late start, Kidstop hours will be the same as the site.  (Example:  If the District start time is one hour late, start time for Kidstop will be one hour late.)

 

Section 4.  Placement on Schedule:  New employees will be placed on the appropriate schedule as determined by the requirements of the job and at the discretion of Human Resources.  Each employee who has completed a full year of employment will move to the next step on the wage scale on the employment anniversary date.  Employees must be regularly scheduled to work ten and one-half (10-1/2) hours or more per week in order to qualify for step movement.  Summer only employment does not qualify for step movement.

 

Section 5.  Holidays:

 

Subd. 1.  Full-time twelve (12) month Kidstop Instructors will be granted eleven (11) paid holidays as determined by the School District prior to July 1 each year.

 

Subd. 2.  Part-time Kidstop Instructors regularly scheduled to work ten and one half (10 1/2) hours or more per week will be granted six (6) paid holidays as determined by the School District prior to July 1 each year.

 

The following six (6) paid holidays will be granted.

 

Thanksgiving                    Spring Holiday

Winter Holidays (2 days)        Memorial Day

New Year's Day

 

Subd. 3.  If a holiday occurs on a work day, the Kidstop Instructor will be paid double their normal rate of pay.

 

Section 6.  Vacation Allowance:  Full-time Kidstop Instructors working fifty-two weeks per year and in a regular position of 32 hours or more per week will be granted vacation as follows:

 

a)  After six months of consecutive employment          
      5 days

b)  After one year of consecutive employment            
      5 days (total of 10 days/year)

c)  After five years of consecutive employment            
     15 days

d)  After eleven years of consecutive employment                16 days

e)  After twelve years of consecutive employment                17 days

f)  After thirteen years of consecutive employment              18 day

g)  After fourteen years of consecutive employment              19 days

h)  After fifteen years of consecutive employment               20 days

i)  After nineteen years of consecutive employment              25 days

 

Conditions for Vacation Allowance:

 

a) Vacation must be earned prior to the time it is taken.

 

b) Vacation time will not be accumulated.

 

c) Vacation must be scheduled in advance with the employee's supervisor and must be approved by the superintendent or designee.

 

d) An employee resigning prior to an earned vacation period (anniversary date) is entitled to a pro rata share of vacation time or vacation pay earned upon proper submission to the employer of at least two (2) weeks notice of proposed termination date.  Failure on the part of the employee to give proper notice shall constitute forfeiture of this provision.

 

e)Vacation eligibility will be calculated on anniversary date of employment.

 

f) Kidstop Instructors that become eligible for vacation allowance will be credited with actual months worked as a Kidstop Instructor.  A maximum of three (3) weeks vacation will be attained through this provision.

 

Section 7.  Seniority:

 

Subd. 1.  Seniority Date:  An employee's seniority date will be the original date of employment in the School District within the kidstop instructor's unit.  If the starting date is the same, seniority will be alphabetical.

 

Subd. 2.  Forfeiture:  An employee who is discharged, resigns, or does not report for an assignment after being recalled will forfeit all seniority rights.

 

Subd. 3.  Seniority Rights:  An instructor assigned temporarily as a site supervisor will retain all seniority rights within the instructors' employee group and will retain all previous credit for pay purposes.  Upon completion of the temporary assignment, the employee will be re-employed in a position for which the employee is qualified commensurate with a position occupied prior to the assignment provided the position(s) has not been abolished.

 

Subd. 4.  Seniority List:  A seniority list of regular employees will be posted at every kidstop site October 15 and March 15 of every year. 

 

Section 8.  Probation and Regular Status:  New employees will be considered as probationary employees until they have completed ten (10) months of employment.  During this time they have no seniority privileges and may be transferred, discharged, reduced in hours of assignment, or terminated in the event of job elimination.  Upon completion of ten (10) months of employment, the employee will establish regular employee status unless otherwise notified in writing by the employer prior to that date.

 

Section 9.  Posting of Positions:  Vacancies to be filled will be posted for a period of five (5) working days.  Employees interested in applying should discuss the possible transfer with their immediate supervisor and then make application to the Human Resources.  Employees who apply during the designated time frame will be considered on the basis of previous work experience, training, and job performance. Management reserves the right to make the final decision in filling the position.

 

Section 10.  Job Elimination:

 

Subd. 1.  Seniority:  In the event of job elimination requiring layoff, the employee with the least seniority in the site will be laid off first.  The employee, if qualified, will have the right to displace the least senior employee in the Kidstop Instructor's unit in the School District.  Failure to accept the position will be viewed as a resignation by the employee.

 

Subd. 2.  Recall List:  A regular employee who has been displaced due to a layoff will be placed on a recall list.   When a position becomes available, the most senior qualified employee will be recalled first.  If the employee fails to report to work upon two (2) weeks notice of recall, this will cause the employee to lose all recall rights.

 

Subd. 3.  Recall Period:  A regular employee will be kept on the recall list up to twelve (12) months after the layoff if no position has been offered.

 

Subd. 4.  Assignment Reduction – More Than Two Hours:  When a reduction in assignment of more than two (2) hours per day occurs, the following steps will be taken:  a) the incumbent is offered the option of retaining the position; or b) if the incumbent declines the reduced position, the employee, if senior, will have the right to bump the least senior employee within the site having equal hours or the greatest hourly assignment best matching his/her previous assignment. If such right is not utilized, the employee may bump the least senior person in the unit who has similar hours or a similar shift (AM/PM). The bumped employee, if senior, will have rights to bump the least senior employee within the unit having equal hours or the greatest hourly assignment best matching his/her previous assignment.  The person then bumped will only have rights to bump the least senior employee in the unit or may elect to take an open position.

 

Subd. 5.  Full-time employees.  When a reduction or elimination of a full-time assignment occurs, the employee will have the right to displace the least senior full-time employee in the unit who has similar hours or a similar shift (am/pm).  The bumped employee, if senior, will have the right to bump the least senior full-time employee within the unit.  The person then bumped will have the right to bump the least senior employee in the unit or may elect to take an open position.

 

In the event of a full-time permanent vacancy, a displaced Kidstop Instructor will be offered the position in seniority order.

 

 


ARTICLE VII
GROUP INSURANCE

 

Section 1.  Health and Hospitalization Insurance for full-time employees (employees scheduled to work 32 or more hours weekly):  The selection of insurance carriers and policies will be made by the School Board.

 

Subd. 1.  Basic Group Health and Hospitalization Plans:

 

a) Single Coverage

 

1. The School District will provide a monetar