CONNECT
Latest News
RSS From ieanea.org
 

Article 6: Employment Conditions

 

6.1 SCHOOL CALENDAR

 

No less than thirty (30) days prior to the adoption of the school calendar by the Board, the Board shall accept input from the Association.  The Superintendent and/or designee(s) will invite the Association to submit its views and comments on the proposed calendar for the next year prior to preparing the calendar and will consider such views and comments in formulating the recommendations for the employer’s decisions, including such items as:  the starting date for the next school year; the starting, ending, and length of winter break and spring break.

 

For the duration of the contract the Board will waive no more than two (2) holidays per school year.

 

The official school calendar shall consist of one hundred eighty-five (185) days (including five (5) emergency days) or the number prescribed in the Illinois School Code.

 

6.1.1    School Improvement Days

The Board of Education (Board) and Unit Five Education Association (UFEA) agree to set aside no less than two full days per year to be used as a School Improvement Days, which days shall be designated in the school calendar. This agreement is contingent upon the Illinois State Board of Education granting approval for the use of school days for this purpose.

 

The Board and UFEA further agree to designate time during Institute days for professional teacher activities.

 

6.1.2    Regular 180-Day Work-year

The regular 180-day work-year shall be defined by the official school calendar, adopted annually by the Board of Education.

 

Should the District determine there is work to be completed by bargaining unit members outside of the regular 180-day work-year, such work will be posted in accordance with the provisions of this Agreement. Bargaining unit members who voluntarily accept such Assignments will be compensated according to the appropriate and applicable Pay Rates outlined in this Agreement.

 

It is understood that events such as “Open Houses”, “Back to School Nights” and similar events should be scheduled within the regular 180-day work-year. However, should the District decide to conduct such events outside the regular 180-day work-year, the work will be posted and interested, qualified bargaining unit members may apply.  Those selected to perform such work will be paid at Pay Rate 6 (Contract Extension) as such work would be an extension of their regular duties.

 

6.1.3    Parent/Teacher Conferences

If parent-teacher conferences are scheduled by the Board at times other than a period of eight (8) consecutive hours or less between 8:00 a.m. and 5:00 p.m., the date will be determined by the Association.

 

The Board and Association recognize that most parents have regular access to student information. Bargaining unit members are expected to initiate communication regularly with parents regarding individual student performance and progress, especially parents of students who are underperforming. Bargaining unit members are also expected to be regularly available to meet with parents. Therefore, it is not expected that a conference is necessarily held for every student on the designated parent/teacher conference days or that each conference occur for a certain length of time. However, the bargaining unit member shall attempt to hold a conference on parent/teacher conference days for each underperforming student or when requested by a parent. Parent/teacher conference days are intended to support the continued communication efforts that should occur throughout the year. The parties will continue to work collaboratively to explore the most effective avenues for parent/teacher conferences and communication.

 

 

6.2 TEACHING DAY

 

The regular work day for each bargaining unit member shall be eight (8) clock hours or sixty (60) minutes longer than the pupil day, whichever is shorter.  If the District would choose a student schedule that extends the pupil day, flex time may be reduced proportionally.  In addition, each bargaining unit member recognizes that professional responsibilities extend beyond the classroom and beyond the regular work day.  These responsibilities may include the following:  participation in student and parent conferences; providing students with guidance, counseling, and tutorial assistance; attendance and participation in departmental, building, and intra-system meetings as scheduled; assistance in the development of curriculum; supervision of students and student activities.

 

Each bargaining unit member shall have the right to select a schedule which provides that the member shall be present at least fifteen (15) minutes before the opening session with the balance of the time spent after the close of the student day or shall be present at least fifteen (15) minutes after the close of the student day with the balance of the time spent before the opening session.

 

A bargaining unit member may deviate from the selected schedule of flex time specified above upon prior notification to the principal.  If building-based or district-wide meetings are held prior to the start or after the end of the regular school day, a bargaining unit member may choose to waive the above specified flex time only at the earliest opportunity to do so, for example, on the same day or the following day.  This waiver of flex time is not intended to be a minute-to-minute trade-off for time spent at these meetings and may not be banked for later use by the bargaining unit member.

 

If conditions necessitate adding a zero hour or a ninth hour to the secondary school day, a bargaining unit member who teaches one of these class hours will not be required to be present in the building for longer than eight (8) consecutive clock hours.

 

6.2.1    Extended Teaching Day

Occasionally, a bargaining unit member may be assigned a schedule that includes more than one of the three levels (Elementary, Junior High/Middle School and High School) and, as a result, be present in a building for longer than the 8 hour Teaching Day. This should occur on a limited basis and be appropriate to the needs of the students. When such an assignment becomes necessary:

 

  1. The individual bargaining unit member assigned such a schedule, UFEA and the Administration/Board must all agree to the Assignment.
  2. The schedule will not be for longer than one school year and will be reviewed on an annual basis if necessary.
  3. That impacted bargaining unit member will not be required to select a flex-time schedule.
  4. The impacted bargaining unit member will not be assigned a supervisory duty.

 

 

6.3 REDUCTION IN FORCE

 

Dismissal of a bargaining unit member because of a decision of the Board to decrease the number of bargaining unit members employed by the Board or to discontinue some particular type of teaching service shall be in accordance with Section 24-12 of the Illinois School Code.

 

Any bargaining unit member, who was removed or dismissed as a result of a decision of the Board to decrease the number of bargaining unit members employed by the Board or to discontinue some type of teaching service, and who has recall rights as outlined in Section 24-12 of the Illinois School Code, shall be tendered a position that becomes vacant for a period of two (2) calendar years from June 1 of the year action was taken, provided such a member is legally qualified to hold such a position.

 

Any such tender will be mailed by certified mail to the bargaining unit member’s last known address.   The member has a continuing duty to provide the Board with an address(es) where such member may be reached during the applicable recall period.  The bargaining unit member must also notify the Board in writing within fourteen (14) calendar days of receipt of certified mailing or seventeen (17) calendar days of date of certified mailing, whichever occurs first, of the acceptance of any vacant position offered to the member during the recall period.  Failure to notify the Board of acceptance shall constitute a rejection of the offer of employment.  If a bargaining unit member rejects an offer of a vacant position, the member shall be deemed to have waived recall rights and will no longer be eligible for any vacant position that becomes available within the recall period.

 

6.3.1    Joint RIF Committee

The Joint RIF Committee will meet annually to address issues related to placement in RIF groupings.  The Committee shall include equal representation from the Board and UFEA, with representatives selected by each.  The Committee shall meet by December 1 of each school year and must reach agreement on any changes in the criteria for inclusion in a grouping on or before February 1 of a school year for the agreement to apply for that school year.

 

 

6.4 PREPARATION TIME

 

6.4.1    High School Staff

Bargaining unit member assignments from grades 9 through 12 will consist of five (5) classroom assignments and one (1) supportive non-instructional assignment not to exceed thirty (30) minutes per day. It is understood that supervisory duties will be in addition to the above. High school building chairs and high school webmasters shall not be assigned duties or supportive non-instructional assignments.

 

Each bargaining unit member will have a duty-free lunch equal to that of the students and not less than thirty (30) minutes.

 

6.4.2    Middle School Staff
Bargaining Unit Member assignments from grades 6 through 8 will consist of no more than 287 minutes of student contact time per day.  Student contact time is defined as minutes teachers spend directly on instruction and supervision of students, excluding times when students are passing from one class to another and before/after school supervisory duty.

 

Bargaining Unit Member student contact time assignments shall include a combination of graded class assignments, non-graded tutorial assignments and/or supervisory assignments. The standard assignment for core teachers will include no more than one graded assignment outside of subject area. If the need arises for an assignment that deviates from such a standard assignment, the position will be posted. If there are no applicants for the position, the filling of that position will be considered an involuntary transfer.

 

A non-graded tutorial or a supervisory responsibility will be considered prior to a 6th graded class assignment. The necessity of the 6th graded class assignment will be determined by the building principal in consultation with the building chair. When necessary, a 6th graded class assignment will be offered based on seniority, moving from most to least senior in the specific department, in a specific building.  If any more than two (2) members within a subject area have a 6th graded assignment, a new staff member will be hired.

 

All efforts will be made to ensure reasonable class sizes will be maintained at the middle schools.  Additional staff and/or teacher assistants will be considered as needed.

 

Non-graded Tutorial Time at the Middle School is team-driven and is defined/intended for direct assistance and/or interventions by a certified teacher with a smaller group of students according to the established guidelines.

 

Supervisory responsibilities during the student day at the Middle School may include assignments to monitor student behavior during use of the IMC, ACE and/or lunch.

 

All teaching/planning periods will be approximately the same length of time. The 1st hour each day may be 5 minutes longer.

 

Middle school building chairs and middle school webmasters shall not be assigned a supervisory duty or a supportive non-instructional assignment.

 

Each bargaining unit member will have a duty-free lunch equal to that of the students and not less than thirty (30) minutes.

 

6.4.3    Elementary Staff

An elementary level bargaining unit member shall be scheduled to receive a minimum of two hundred seventy-five (275) minutes of planning time per normal work week. A normal work week shall consist of five (5) consecutive workdays. Every attempt will be made to provide each elementary bargaining unit member with at least fifty-five (55) minutes of planning time per normal teaching day. A normal teaching day is specified in Section 6.2. The Administration agrees to identify, bring forward, and explain reason(s) to the UFEA president for any instances where planning time is scheduled in increments of less than fifteen (15) minutes.

 

Each bargaining unit member will have a duty-free lunch equal to that of the students and not less than thirty (30) minutes.

 

6.4.4    Traveling Staff

Bargaining unit members who travel between buildings will have planning time, instructional time (inclusive of travel) and a duty-free lunch equivalent to bargaining unit members at their home base school.

 

Area bargaining unit members will have a duty-free lunch equal to that of the students and not less than thirty (30) minutes.

 

6.4.5    Standardized Testing During Preparation Time

Bargaining unit members will not be expected to deliver, proctor or supervise standardized tests during their preparation time. If a bargaining unit member is directed to deliver, proctor or supervise a standardized test during his or her regularly scheduled preparation time, or volunteers to accept such assignment, he or she will be compensated for any net loss of preparation time occurring the day(s) the testing takes place at the per diem rate, Contract Extension – Pay Rate 6.

 

 

6.5 COACHING SCHEDULE

 

Every reasonable effort will be made to schedule extra-curricular activities in such a way that it is not necessary to have a coach released early from teaching duties.  In particular, the administration will encourage the starting time for extracurricular duties and the scheduling of bargaining unit members’ instructional day to be such as to make it possible for all bargaining unit members to fill extracurricular, especially coaching, assignments.

 

 

6.6 VACANCIES & TRANSFERS

 

6.6.1    Definitions

6.6.1.1 Vacancy Definition

 “Vacancy” for purposes of this Section means an open position resulting from a resignation, retirement, termination, or transfer from a previously existing position or an open position resulting from a newly created bargaining unit position.

6.6.1.2 Voluntary Transfer Definition

“Voluntary Transfer” for purposes of this Section means a change from one position to another requested and received by a bargaining unit member.

6.6.1.3 Involuntary Transfer Definition

“Involuntary Transfer” for purposes of this Section means a change from one position to another which is not requested by a bargaining unit member.  This category includes those persons who are displaced when positions or programs are eliminated.

6.6.1.3.1

Involuntary transfers include reassignment within a building (e.g. from 4th grade to 3rd grade or from one Department to another) as well as between buildings (e.g. from Fairview to Oakdale).

6.6.1.3.2

Reassignments within a Department at the secondary level (e.g. world geography to American history) are not considered involuntary transfers.

6.6.1.3.3

For bargaining unit members assigned to more than one building, such as those assigned in art, music, physical education, library/media services, speech pathology, foreign language, Title I, FACS, industrial technology, business, nurses, and certain special education designation, involuntary transfers include a reassignment to another home base.  In the event it becomes necessary to transfer such a bargaining unit member involuntarily, such transfers shall be made on the basis of seniority.

6.6.1.4 Seniority Definition

“Seniority” for purposes of this Section means the total years of continuous service to the District in a position requiring teacher certification.  Seniority shall be reflected in the list published by the District annually.

Application of seniority in cases of involuntary transfer is limited to the grade level or department being reduced or reorganized. For example, if the need arises to reduce one third grade teacher from a building and no volunteers are available, then the third grade teacher having the least seniority shall be involuntarily transferred.

 

6.6.2    Procedures

6.6.2.1 Posting of Vacancies

Vacancies occurring during the school year may be temporarily filled to avoid undue disruption of the educational program.  The procedures in this section will be followed for filling vacancies for a subsequent school year.

A notice setting forth information that accurately describes the vacancy shall be published to the staff in the following manner:

 

  1. Delivery of a copy of the notice to the Association president or designee.
  2. Posting of the notice in a central location in the District office.
  3. During the school year, posting of the notice on a designated bulletin board in each school building.
  4. Posting of the notice on the District Intranet site.

Except in cases of emergency, the vacancy will not be filled until seven (7) calendar days have elapsed since delivery and posting of the notice as set forth above has occurred.  Where specific training, experience, and other qualifications are a prerequisite for anyone to fill the vacancy, such requirement shall be set forth in the notice.

Reassignments within a school building may occur prior to posting a vacancy.  The Association president or designee is concurrently given written notice of any such reassignment.  Consequently, a retirement, resignation, addition at a grade level or mid-year staffing could result in a notice of vacancy that differs from the original opening within the building.

When a bargaining unit member with interest in a particular potential vacancy provides the superintendent or designee in writing prior to the last teacher attendance day of the school year with contact information, such as e-mail address, street address and phone number, the Administration shall notify the bargaining unit member of any vacancy occurring during the summer in which the bargaining unit member has expressed an interest.  A bargaining unit member so notified shall be responsible to contact the Administration within seven (7) calendar days following a good faith effort to give the bargaining unit member notice, should the bargaining unit member elect to apply for the vacancy.

If the District offers a summer school program, notice of all vacancies for the summer school program shall be published in the manner provided for herein and shall not be filled until seven (7) calendar days have elapsed.  Compensation shall be in accordance with the Agreement.

When Schedule B vacancies occur, the following procedures will be followed:

 

  1. Principals shall post all Schedule B vacancies for his/her building on a designated bulletin board in the principal’s school building for seven (7) calendar days. In the event no qualified bargaining unit member submits an application during the seven (7) calendar days, a District-wide posting, consistent with the procedure set forth in Section 6.6.2.1 and Section 9.8.7 shall occur for an additional seven (7) calendar days.
  2. The Association president or designee shall be given a copy of all Schedule B vacancies as soon as posting occurs within a building. All bargaining unit member’s written applications shall be acknowledged in writing by the appropriate administrator.
  3. Principals shall annually post Schedule B positions which are currently filled by non-bargaining unit members on a designated bulletin board in the principal’s school building for seven (7) calendar days before the end of the school year.
  4. Vacancies occurring during the school year may be temporarily filled to avoid undue disruption of the educational program.
  5. Preference shall be given to a bargaining unit member over a non-bargaining unit member when both are equally qualified.

 

In order to afford elementary bargaining unit members the opportunity to perform extra tasks such as ticket-taking, such semester or seasonal jobs will first be posted for certified staff within a building and if not filled, will then be posted on the District website for all certified staff before such work is offered to non-certified staff or persons not employed by the school district.

6.6.2.2 Voluntary Transfers

A bargaining unit member requesting a transfer within seven (7) calendar days of the publishing of a notice for a specific vacancy shall be granted an interview.  No assignment of a new bargaining unit member to a specific position in the District will be made until all pending requests for transfer to that position have been given due consideration.  Notification to bargaining unit members who are granted or denied a transfer will be made in writing as soon as a determination is made.  A bargaining unit member desiring a transfer to a position for which there is at the time no vacancy, shall notify the superintendent or designee of the transfer request in writing.  Such a request will be placed on a “Transfer Request List” until the bargaining unit member receives a transfer or September 1 of each year, at which time the list will be purged.  A copy of the “Transfer Request List” shall be provided to the president of the Association or designee quarterly.

6.6.2.3 Involuntary Transfers

When involuntary transfers are necessary for any reason, the following process will be used:

  1. Affected bargaining unit members will be notified of the need for involuntary transfer, and offered the opportunity to accept the transfer. If more people are willing to accept the transfer than needed, the most senior person willing to accept the transfer will be transferred.
  2. If an insufficient number of bargaining unit members are willing to accept the necessary transfers, the least senior will be involuntarily transferred.
  3. At every building, each bargaining unit member to be involuntarily transferred, will be given the option of choosing an opening in his/her own building (if one is available) or of being placed on the district-wide “involuntary transfer list”. When more than one person in the building is being transferred, the most senior will be given the opportunity to choose first, then the next, and so on.
  4. All teachers on the district-wide “involuntary transfer list” will choose from any available positions in the district immediately following the building based displacements, in order of seniority.
  5. Once all involuntarily transferred bargaining unit members have selected positions, internal reassignments may occur within a building and/or department.
  6. Any remaining vacancies will be posted for voluntary transfers and additional hires.

 

6.6.3    Transferring Programs

6.6.3.1

When total programs are placed in a different building with no change in total staff within the program, all bargaining unit members within that program shall be transferred to the new building with the program (e.g. EMD from NCHS to NCWHS).  If need for additional staff is anticipated, the above procedure shall occur first, and the additional position opening shall be deemed a vacancy.

6.6.3.2

When programs are split between two schools and no need for additional staff is anticipated, bargaining unit members within the program may agree as to which school they will be located.  In the absence of an agreement, seniority will prevail.  If the need for additional staff is anticipated, the above procedure shall occur first and the additional position opening shall be deemed a vacancy.

 

 

6.7 SENIORITY

 

6.7.1    Seniority Tie Breakers

 

6.7.1.1

If seniority is equal between two (2) or more bargaining unit members, then total teaching service in the District, whether or not continuous, shall be determinative.

6.7.1.2

If the years of total teaching service in the District are equal, then total public school teaching service outside of the District shall be determinative.

6.7.1.3   

If total public school teaching service outside of the District is equal, the decision of the superintendent and the Association president shall be determinative.

 

6.7.2    Seniority Application

6.7.2.1

Board approved leaves shall not affect seniority within the District.

6.7.2.2

Part-time bargaining unit members shall accumulate seniority without achieving tenure.

 

 

6.8 WORKING ENVIRONMENT

 

6.8.1

The Board shall comply with all applicable local, state, and federal laws and regulations pertaining to a safe and healthy working environment.

 

6.8.2

In the event that a bargaining unit member becomes aware of a potentially unsafe or hazardous condition, the bargaining unit member shall report this situation, in writing, to the immediate supervisor and the Association president. Within a reasonable period of time, the supervisor will notify the Association president and the building Association representatives what action, if any, has been taken to address the situation.

 

Under the collective bargaining agreement, the District commits to complying with all local, state and federal laws and regulations pertaining to a safe and healthy working environment.  Both the Board and the Association desire that any unsafe or hazardous condition be remedied in a reasonable manner and in a timely fashion.  In the event that a condition which the Association concludes is unsafe or hazardous is not timely remedied at the building level, the Association shall bring the matter to the superintendent.  Within a reasonable period of time, the Superintendent will notify the Association president what action, if any, has been taken to address the situation. The Association’s suggested response to possible unsafe or hazardous conditions shall be welcomed at all levels.  Responses to possible unsafe or hazardous conditions may initially involve testing and analysis by engineers and other appropriate professionals.  The administration shall work to maintain the adequacy of air exchange within buildings.

 

This article shall not be subject to the grievance/arbitration provision of the collective bargaining agreement.

 

 

6.9 STUDENT ENROLLMENT & CLASS SIZE

 

The maintenance of a reasonable class size is a priority which reflects the philosophy of McLean County Unit District No. 5. The Board of Education and the administration will continue to monitor student enrollment, room availability, class make-up, bargaining unit member input, and administrator recommendation in determining whether to address an identified need by adding a section or by adding a teaching assistant.

 

Every attempt will be made to communicate with staff and parents to maintain an educational level that will ensure the continuation of the quality of education our staff and parents expect.

 

6.10 LEAST RESTRICTIVE ENVIRONMENT

 

While both parties acknowledge that Least Restrictive Environment (LRE) is federally mandated, they also recognize the extent to which any individual student with disabilities should participate in regular education programs must be appropriate to that student’s unique needs as determined by the Individual Education Program (IEP).

 

Teachers shall use the District Concern Resolution Form to process unresolved concerns relating to LRE matters.

 

6.11 SUBCONTRACTING WORK TRADITIONALLY PERFORMED BY BARGAINING UNIT MEMBERS

 

UFEA recognizes there are times when the District is required to provide certain services as part of its obligation to educate students in the District but is unable to find a qualified bargaining unit member who is willing or able to provide such services.  The Board of Education recognizes UFEA’s interest in having services provided by bargaining unit members instead of third parties.

 

Should a vacancy in a bargaining unit position exist, whether resulting from a resignation, retirement, termination, or transfer or due to the creation of a new position, and there is a need for the District to contract with a third party (individuals or agencies outside the bargaining unit) to provide services for the District traditionally performed by bargaining unit members, the follow process should be used:

 

  1. The District shall post the vacant position in accordance with Section 6.6.
  2. If the District is unable to fill the position, whether due to the lack of qualified applicants or interest in the vacancy or for some other reason, the District shall communicate such information to UFEA.
  3. UFEA shall have seven (7) calendar days (or less depending on the time constraints imposed upon the District in a particular case in which the District shall also communicate such time constraints to UFEA) after receipt of such communication in which to suggest alternative means for the District to fill the vacancy or provide the services needed.
  4. If the District has not received any suggestions from UFEA during such time period, or is not able to reach a good faith agreement with UFEA on an alternative means to fill the vacancy or provide the services, the District shall have the right to contract with a third party to provide the services or re-assign a bargaining unit member to provide such services, following the Involuntary Transfer process in Section 6.6.
  5. The District shall repost the vacancy, according to the provisions of the Negotiated Contract, for the next semester and follow the same procedures specified herein as necessary.