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Article 5: Bargaining Unit Member Rights & Association Rights

 

5.1 BARGAINING UNIT MEMBER DISCIPLINE & COMPLAINTS AGAINST BARGAINING UNIT MEMBERS

 

5.1.1   

Any complaint or series of complaints deemed by the Board to justify disciplinary action which might result in placement of materials in a bargaining unit member’s personnel file shall be brought to the attention of the bargaining unit member as soon as possible.  The Board and the Association agree that it is most desirable to have complaints against a bargaining unit member directed to the individual(s) involved in an attempt to resolve disputes at the most immediate level.  Complaints, like other concerns, will be processed according to “Procedure for Resolving Concerns” (see Appendices A and B).

 

5.1.2   

When deemed appropriate by the building principal or designated supervisor or requested in writing by the bargaining unit member, an attempt will be made to schedule a conference between the complaining party and the bargaining unit member involved.  Any of the parties may have a representative of their choosing at the conference.

 

5.1.3   

Any form of discipline shall be for just cause and progressive discipline shall be followed. However, notwithstanding the foregoing, in all cases the Board may impose discipline commensurate with the misconduct.  No written reprimand will be placed in the bargaining unit member’s permanent file without the bargaining unit member’s knowledge.

 

 

5.2 NON-DISCRIMINATION

 

Neither the Board nor the Association shall discriminate against any bargaining unit member for reason of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability or sexual orientation.  Nothing in this section shall prohibit the District from using marital status as a factor in determining eligibility for participation in bargaining unit member benefit programs.

 

 

5.3 RIGHT OF REPRESENTATIVE

 

When a bargaining unit member is required to appear before the administration or the Board concerning a disciplinary conference in which a written reprimand will be issued or a conference in which a suspension with or without pay or dismissal will occur, the bargaining unit member shall be entitled to have an Association representative present, if one is requested.

 

Prior to such a conference, the administration or Board will inform the bargaining unit member, in writing, that a conference will be held concerning a written reprimand, suspension with or without pay, or a dismissal.

 

It shall be the responsibility of the bargaining unit member to obtain a representative.

 

 

5.4 OFFICIAL PERSONNEL FILE

 

The superintendent or other designated official shall maintain the bargaining unit member’s official personnel file.  Except as provided in Section 4.16, material contained in the official personnel file can be utilized in the suspension or discharge of a bargaining unit member.  This section is inapplicable to action taken pursuant to Section 24-11 of the Illinois School Code.

 

No formal evaluation material and no letter of reprimand or letter of complaint shall be placed in the personnel file unless the bargaining unit member has an opportunity to read such material.  The bargaining unit member shall be requested to acknowledge in writing the material has been read by affixing their signature. If the bargaining unit member refuses to acknowledge the material being read, the material may nevertheless be placed in the file if the bargaining unit member has had the opportunity to read the material.

 

The bargaining unit member shall have the right to respond to any material contained in the personnel file, and the response shall become a part of the file.

 

The bargaining unit member shall have the right to review the contents of the personnel file within two (2) working days and shall have the right to have a representative of the Association accompany the review.  Privileged information, as defined by law, shall be specifically exempted from such a review.

 

The bargaining unit member may request and receive one (1) copy of any material contained in the personnel file except privileged information.  The expense of the copy will be borne by the bargaining unit member.

 

 

5.5 RIGHT TO ORGANIZE

 

The Board agrees that it will not discriminate against any member of the bargaining unit with respect to hours, wages, terms or conditions of employment by reason of the member’s membership in any professional organization, participation in negotiations, or participation in any grievance.

 

 

5.6 DUES DEDUCTIONS

 

The Board shall deduct from each bargaining unit member’s pay the current dues of the Association, provided that the Board has a member-executed authorization for continuing dues deduction, the amount of which shall annually be certified by the Association.  The authorization shall remain in effect from year to year, except that the bargaining unit member may revoke it in the authorized manner upon written request.  Upon receipt of any revocation, the Board shall notify the Association in writing of the same.

 

All dues deducted by the Board shall be remitted to the Association no later than ten (10) working days after such deductions are made.

 

 

5.7 MEETINGS, NOTICES & GENERAL INFORMATION

 

(a)

The Association is allowed the use of school buildings for meetings, provided that such use shall be restricted to reasonable times and shall not interfere with or interrupt normal school operations.  For general Association membership meetings, whenever possible, prior notice shall be given the superintendent or designee a minimum of three (3) working days in advance of the meeting.  Said notification shall be given on a Building Usage form.

 

(b)

The Association shall have the right to use bargaining unit member mailboxes and regular mail distribution facilities, including the District’s electronic mail system, for communication with bargaining unit members.

 

(c)

The Association shall have the right to post official notices of its activities on a bulletin board designated by the principal.  The principal shall have the right to direct removal of any item, but removal shall not occur until after a meeting between the principal and an Association representative has been held.

 

(d)

The Association shall have the right to reasonable use of office equipment and will be responsible for reimbursing the Board for all materials and supplies used in the operation of this equipment.

 

 

5.8 PARENT-TEACHER CONFERENCE FOR OWN CHILDREN

 

A bargaining unit member with a child or children attending Unit Five schools shall, if the scheduling allows, have the opportunity to meet with the child’s or children’s teacher on the designated parent/teacher conference day during the member’s assigned lunch period.

 

Should parent/teacher conferences be scheduled outside the regular workday in any given year, bargaining unit members with a child or children attending Unit Five schools shall, in consultation with their Administrator, have the opportunity within a reasonable time after said parent/teacher conferences (e.g. within 1 week) to waive their flex time or to be absent during all or part of their scheduled preparation time in order to meet with the child’s or children’s teacher(s) for a parent/teacher conference.

 

 

5.9 AIDS NOTIFICATION

 

If the administration is aware of a student who has AIDS, they will notify the appropriate bargaining unit members on a “need to know” basis.

 

 

5.10 CURRICULUM DEVELOPMENT

 

Each bargaining unit member will continue to be encouraged to provide input through the committee process into curriculum development.

 

 

5.11 BOARD POLICIES

 

Board policies, administrative procedures, and exhibits are available on the District’s website. Proposed revisions are attached to the Board’s agenda as they are brought to the Board for first reading.

 

 

5.12 OPENING DAY REMARKS

 

If an opening day institute is held, the president of the Association or designee shall be granted a reasonable amount of speaking time for the purpose of welcoming the staff.

 

 

5.13 MEETING WITH THE SUPERINTENDENT

 

Each month during the regular school term, an informal meeting will be held with the superintendent and/or designee(s) and various members of the leadership council. This meeting will be for the purpose of discussing current bargaining unit member or administrative concerns. If deemed appropriate or necessary by the Association and superintendent, more than one informal meeting may be held during the month.

 

 

5.14 MEETINGS WITH PRINCIPALS

 

UFEA leadership is invited to attend the principals meeting held at the start of each school year to share its views on contractual issues.

 

 

5.15 CLINICAL HOURS

 

Bargaining unit members may use their scheduled planning time to complete professional clinical hours to fulfill the requirements of their educational programs.  In completing these hours:

 

  1. internal or external substitutes may not be employed to complete these hours;
  2. grade level, team or department planning times may not be used to complete these hours;
  3. no travel time beyond the scheduled planning time will be allowed to complete these hours at another school site.

 

 

5.16 USE OF VIDEO CAMERAS IN UNIT 5 FACILITIES

 

The purpose of surveillance equipment is to secure the buildings.  The purpose of the equipment is not to evaluate the performance of employees or to monitor their behavior or conduct.

 

Surveillance shall only occur in common areas including, among others, hallways, parking lots, grounds, cafeterias, IMCs, and gymnasiums.  Surveillance equipment will not be utilized to observe employee performance or otherwise be accessed as documentation in the employee evaluation process.

 

Data from the surveillance equipment may be reviewed by the District’s personnel in connection with investigations of suspected criminal conduct, student misconduct or security violations or incidents.  Access to data involving District personnel will be limited to appropriate administrative personnel and police liaison officers.  Such review will take place in the office of one of the parties listed above.  If the review of data inadvertently reveals alleged incidents of employee misconduct, the following process will be followed:

 

  1. The Employee and the Association will be notified if the District intends to investigate the alleged employee misconduct incident.  Such notification shall be in writing.
  2. The Association representative or the Employee’s representative may review the data depicting the alleged employee misconduct.
  3. The employee has the right to be represented in all investigatory meetings regarding alleged misconduct unless the employee declines representation.
  4. Any discipline that may be imposed against the employee as a result of the misconduct investigation shall be in accordance with the applicable provisions of the Collective Bargaining Agreement.

 

Data from surveillance equipment may be stored for not more than thirty (30) calendar days unless there is cause to believe that such data would document a criminal or security incident or relate to possible civil litigation.

 

At the time surveillance equipment is activated in each school building, all employees at that school shall be informed in writing, of the use of the surveillance equipment.  All new employees will be notified in writing, of the use of the surveillance equipment as part of new employee orientation.