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Teacher's Contract |
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Section 4. Other Terms: Terms not defined in this Agreement will have those meanings as defined by the PELRA. Subd. 1. Within this Agreement the word will means mandatory.
Section 1. Inherent Managerial Rights: The School Board is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the employer, its overall budget, utilization of technology, the organizational structure, and selection and direction and number of personnel. Section
2. Management Responsibilities: The School Board has the right and
obligation to manage efficiently 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 Section
3. Effect of Laws, Rules and
Regulations: Education Minnesota OSSEO recognizes that all teachers covered by this Agreement will perform
the teaching and non-teaching services prescribed by the School Board and
will be governed by the laws of the State of Minnesota, and by School
Board rules, regulations, directives and orders, issued by properly
designated officials of the School Board. Education Minnesota OSSEO also recognizes the right,
obligation and duty of the School Board and its duly designated officials to
promulgate rules, regulations, directives and orders from time to time as
deemed necessary by the School Board insofar as such rules, regulations,
directives and orders are not inconsistent with the terms of this
Agreement. Education Section 4. Reservation of Managerial Rights: The foregoing enumeration of 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 Board. ARTICLE V 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 teacher 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 designated 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 teacher to perform labor or services against his/her will. Section 2. Right to Join: In accordance with the PELRA, teachers will have the right to form and join labor or employee organizations, and will have the right not to form and join such organizations. Teachers in an appropriate unit 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 teachers. Section 3. Dues Check-Off: Teachers will have the right to request dues check-off for Education Minnesota - OSSEO. Subd. 1. Authorization: Upon receipt of a properly executed authorization card of the teacher, the School Board will deduct from the teacher's paycheck the dues which the teacher has agreed to pay to Education Minnesota OSSEO during the period provided in the authorization. Such authorization card may be filed at any time with the payroll department and deductions will begin no later than the second pay period following the date the authorization card is filed. Subd. 2. Term of Authorization: The authorization card for dues deduction
as agreed upon between Education Minnesota OSSEO and the School Board will be provided by the School Board. Authorization cards will be filed with the
payroll department by Education Minnesota OSSEO and will continue in effect until revoked by the teacher on a
form provided by the School Board.
Such revocation form will be delivered to the payroll department by
the teacher by certified mail. Such revocation
will be submitted at least thirty (30) days in advance of such
revocation. A copy of any revocation
will be forwarded to the president of Education Minnesota OSSEO. Subd. 3. Notification: At least sixty (60) days prior to the beginning of the school year, Education Minnesota OSSEO will give written notification to the payroll department of the School District of the amount of its dues which are to be deducted from the salary of each teacher who completes an authorization card. The amount of deductions for such dues will not be subject to change during the school year. Subd. 4. Schedule of Deductions: Such deductions will be made in
equal installments. The number of
equal installments will be sixteen (16), beginning on October 5th
and ending on May 20th. For
continuing authorizations, the number of equal installments will be sixteen
(16), subject to Subd. 2. of this Section.
The School Board will forward each pay period, such dues
deducted the previous pay period along with a list of the names of teachers
from whom deductions were made, to the treasurer of Education Minnesota
OSSEO. Section 4. Fair Share Fee: In accordance with the PELRA, any teacher included in the appropriate unit who is not a member of Education Minnesota OSSEO may be required by Education Minnesota OSSEO to contribute a fair share fee for services rendered as exclusive representative. The fair share fee for any teacher will be in an amount equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of Education Minnesota OSSEO, but in no event will the fee exceed eighty-five percent (85%) of the regular membership dues. Subd. 1. Authorization: Education Subd. 2. Challenge: A challenge by a teacher or by a person aggrieved by the assessment will be filed in writing with the Bureau of Mediation Services, the School Board, and Education Minnesota OSSEO within thirty (30) days after receipt of the written notice. All challenges will specify those portions of the assessment challenged and the reasons therefore, but the burden of proof relating to the amount of the fair share fee will be on Education Minnesota OSSEO. In the event a challenge is filed, the School Board, pending a decision by the Bureau of Mediation Services or court, will hold the deductions for a fair share fee in escrow. Any fair share challenge will not be subject to the grievance procedure. Subd. 3. Claims Against the School Board: Education Minnesota OSSEO hereby warrants and covenants that it will defend, indemnify and save the School Board harmless from any and all actions, suits, claims, damages, judgments and executions or other forms of liability, liquidated or not liquidated, which any person may have or claim to have, now or in the future, arising out of or by reason of negligence of Education Minnesota OSSEO in the deduction of the fair share fee specified by Education Minnesota OSSEO as provided herein. Subd. 4. Schedule of Deductions: The School District will deduct the fee from the earnings of the teacher and transmit the fee to Education Minnesota OSSEO thirty (30) days after the written notice was provided. Fair share fee deductions will be made in fourteen (14) equal installments beginning on November 5th and ending on May 20th. Section
5. Compensation Distribution:
Subd. 1. Pay Dates: Payments will be made on the 5th
and the 20th of each month payment is due except on occasions when
the 5th or the 20th falls on a weekend or holiday. In the event a pay date falls on a week-end
or holiday, the pay date will be moved to the last regular business day
before the week-end/holiday (including Education Minnesota Professional
Conference) or another date, if necessary.
A payroll calendar of pay dates will be provided to all employees at
the beginning of the school year. Subd. 2. Payment Frequency: All teachers will be paid their annual
salary in 24 equal installments (pay
periods) except for teachers who were on the 21 pay period option in the 1998
- 1999 school year and who have the right to continue until the teacher
resigns, retires or voluntarily elects to move to the 24 pay period option. Subd. 3. Final Payoff: All teachers contracted for 186 days per
year will receive their final paycheck on June 20th. Payment will be issued on Friday if June 20th
falls on a Saturday or Sunday.
Teachers who work more than 186 contract days (extended contract) or
teachers who work on a stretch calendar and the stretch calendar ends after
June 15th will be paid on June 30th. Payment will be issued on Friday if June 30th
falls on a Saturday or Sunday. Subd. 4. Electronic Direct Deposit: The School District will provide for direct
deposit of paychecks to financial institutions approved by the Federal
Reserve Bank of Section 6. Political Action Committee (PAC) Deduction: Teachers may request a payroll deduction to contribute to the PAC fund of Education Minnesota OSSEO. Subd. 1. Authorization: Upon receipt of an authorization card, the Subd. 2. Terms of Authorization: Authorization cards will be filed with the payroll departm |
