2010-2011 negotiated contract

8/7/2019 2010-2011 NEGOTIATED CONTRACT

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NEGOTIATED CONTRACT

BETWEEN

THE MINIDOKA COUNTY EDUCATION ASSOCIATION

AND

THE BOARD OF TRUSTEES OF

THE MINIDOKA COUNTY SCHOOL DISTRICT #331

2010-2011



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TABLE OF CONTENTS

ARTICLE TITLE PAGE

I AGREEMENT 3

II PERSONNEL EVALUATION 3

III PERSONNEL RESOURCE COMMITTEE 4

IV GRIEVANCE PROCEDURE 6

V SCHOOL CALENDAR 8

VI PROFESSIONAL DEVELOPMENT 9

VII INSTRUCTIONAL PREPARATION HOURS 9

VIII TEACHING CONDITIONS 10

IX LEAVES 11

X ASSOCIATION PRIVILEGES 13

XI INSURANCE PROVISIONS AND OTHER FRINGE BENEFITS 13

XII TRANSFERS 14

XIII SAVINGS CLAUSE 18

XIV PROFESSIONAL COMPENSATION 18

XV SUMMARY 20

XVI APPENDIX A- CERTIFICATED SALARY SCHEDULES 21

APPENDIX B- EVALUATION FORMS 23

APPENDIX C- GRIEVANCE REPORT FORM

APPENDIX D- MEMORANDUM OF UNDERSTANDING

APPENDIX E- PROCEDURAL AGREEMENT

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ARTICLE I

AGREEMENT

This agreement is made and entered into by and between the Minidoka County Joint School District No.331 Board of Trustees, hereinafter called the “Board” and the Minidoka County Education Association,hereinafter called the “Association”.

ARTICLE II

PERSONNEL EVALUATION

Definition: “Principal” means Idaho Certificated Administrator

A. The Personnel Evaluation Form(s) may be reviewed annually by a committee established for thatpurpose. The Personnel Evaluation Form will be used to evaluate bargaining unit members (seeAppendix C).

B. Personnel Evaluation Process Committee

1. This committee will consist of:One Pre-K-2 (Primary) teacher, one 3-5 (Elementary) teacher, one 6-8 (Middle School)teacher, and one high school teacher; one elementary school principal, one middle schoolprincipal, one high school principal, one Central Office administrator and one boardmember.

2. Members will be selected by each respective group. At the discretion of the Association,one (1) of the bargaining unit members chosen shall act as the official representative of the Association.

3. This committee may be activated upon request by either party prior to October of anyschool year. Members will be selected within thirty (30) days following activation.

4. The Committee will review the process and form(s) and make recommendationsannually.

5. The Association and the Board shall have the right to vote before acceptance of the finaldocument.

C. Bargaining unit members shall be evaluated as follows:

1. All bargaining unit members in their first year of employment in the district shall beobserved for at least thirty (30) to forty (40) minutes by a building principal at least three (3)times prior to March 1. The first of these observations must take place within the first forty-five (45) calendar days of their employment. Second and third year employees will be



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observed at least twice annually. Continuing contract employees will be observed at leastonce annually. Building administrators shall complete frequent classroom walk-through/observations with feedback.

2. Bargaining Unit Members will be evaluated by a building administrator who is duly certifiedby the Certification Bureau of the State Department of Education.

a. Teachers will complete a teacher self-assessment and use peer perception data toestablish personal goals for the coming year.

b. Annual goal-setting pre-conferences will be conducted with the supervisor by September

30th of each year.

c. Monthly walk-throughs will be conducted and feedback will be given (either verbal or

written).

d. Formal observation(s), 30-40 minutes in length, will be completed by March 15th of each

year.

e. Summative post-conferences will take place prior to the last day of school.

3. All observing or monitoring of the bargaining unit members work shall be done in a

professional and ethical manner. Supervision shall be as open and direct as possible,allowing for considerations for the nature of reasonable concerns.

4. The above is supplemented by Idaho Code, Section 33-515.

D. Evaluation Forms

1. After discussing the annual evaluation with the bargaining unit member, the annualevaluation shall be signed by the evaluator and the bargaining unit member beingevaluated. If the bargaining unit member declines to sign the document, then theprincipal will have a witness sign the document to verify that the bargaining unit memberhad access to the annual evaluation. Signature by the bargaining unit member implies

only that the bargaining unit member has had an opportunity to see the writtenevaluation. In signing the evaluation, the bargaining unit member does not sacrifice anyright to appeal or grieve.

2. The bargaining unit member shall have the right to include a written statement ordocument as an addendum to the evaluation form if the bargaining unit member wishes todo so.

3. The original copy of the annual evaluation shall be submitted to the Superintendent forreview and placement in the respective personnel files. The second copy shall be givento the bargaining unit member.

4. In addition to the evaluation form, any critical written matter shall be shared with thebargaining unit member prior to its inclusion in the personnel file and be signed orinitialed by the bargaining unit member as a proof of knowledge of its entry. If thebargaining unit member declines to sign the materials, then the records custodian willhave a witness sign the document to verify that the bargaining unit member had access tothe materials.



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E. Unsatisfactory Performance

1. When any work is found to be unsatisfactory, a probationary period shall be establishedwhich shall continue until the time for the reissuing of the yearly contract as provided in33-514 and 33-515 of the Idaho Code. This procedure shall not preclude recognition of unsatisfactory work at a subsequent evaluation and the establishment of a reasonable

period of probation. In all instances, the bargaining unit member shall be duly notified inwriting of the areas of work which are deficient including the terms and conditions of probation.

2. The reasonable probationary period as defined under Idaho Code Section 33-514 and 33-515, shall be construed to be not less than two (2) months for the bargaining unit memberto demonstrate improvement. If the bargaining unit member is rehired, he/she would beobserved formally at least three (3) times during the next school year. Theseobservations will be conducted by the building principal, and if requested, may also beconducted by a member of the Resource Committee; and, if requested, additionalobservations may also be conducted by a member of the Resource Committee selected bythe bargaining unit member.

3. Each annual evaluation and formal observation will be in writing, discussed with thebargaining unit member, and signed by the evaluator and bargaining unit member. If thebargaining unit member declines to sign the document, then the principal will have awitness sign the document to verify that the bargaining unit member had access to theannual evaluation. The bargaining unit member will be provided a copy of all formalevaluations and observations.

4. A bargaining unit member whose performance is unsatisfactory is entitled to theAssociation’s help and support. The bargaining unit member may request assistancefrom the Association President at the time he/she is placed on the initial probation.

ARTICLE III

PERSONNEL RESOURCE COMMITTEE

A. The Association shall be responsible to form a Personnel Resource Committee for assistance inmeeting terms and conditions of probation upon request of the bargaining unit member.

The committee’s work is outlined as follows:

1. The committee, once informed of the need outlined in the submitted request, will obtainthe names of bargaining unit members who have special talents, interest areas, or abilitiesthat would be available to assist. These persons will then be contacted to see if they are

willing to assist in reaching the needed improvements. A list will be compiled by theAssociation of the names of those bargaining unit members willing to help, their interestareas or abilities, home and school phone numbers, and addresses. This list might alsocontain the names of recently retired teachers who might be willing to give of their timein helping another teacher.

2. Upon the bargaining unit member’s request, the Association will provide to him/hercopies of this list.



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3. The bargaining unit member is responsible to contact an individual on the list and makethe necessary arrangements for receiving help.

B. The purpose of such a committee is to provide help and support to a bargaining unit memberwhose professional performance indicates that improvement is necessary.

ARTICLE IV

GRIEVANCE PROCEDURE

No bargaining unit member or group of bargaining unit members shall seek any other remedy, by courtproceedings or otherwise, without having first followed each and every step provided under this grievanceprocedure policy through the arbitration level. Any contractual concerns must be grieved, firstinformally, then, if not successful, through the formal process. The Board recognizes the need andimportance of the grievance process and welcomes all to use it fully. The filing of a grievance will not,under any circumstance(s), be used to penalize or threaten the employment of a grievant. Contractualconcerns not filed through the grievance process will be considered invalid and not eligible for any boardaction.

A. A grievance is a claim based upon an event or condition which affects the conditions orcircumstances under which a bargaining unit member works, allegedly caused bymisinterpretation or inequitable application of established policy or the terms of a contract orapplicable state statutes.

B. The term “days” when used in this contract shall, except when otherwise indicated, mean workingdays.

C. A “grievant” may be a bargaining unit member or a group of bargaining unit members.

D. A “Statement of Grievance” shall be in writing and shall meet the following specifications:The “Statement of Grievance” shall contain a synopsis of the facts giving rise to the grievance,name the party(ies) involved, state the facts giving rise to the grievance, identify all provisions of policy, terms of contract or applicable state statute alleged to have been violated, if known, statethe connection of the part with respect to these provisions, indicate the relief requested, containthe date of the alleged violation and shall be signed by the grievant(s).

Purpose

A. The purpose of this procedure is to secure, at the lowest possible administrative level, solutions toproblems which may arise. Both parties agree that these proceedings will be kept as informal asmay be appropriate at any level of the procedure.

B. Nothing herein contained will be construed as limiting the right of any bargaining unit member tohave a grievance to discuss the matter informally with his/her principal or supervisor and havingthe grievance adjusted, provided the adjustment is consistent with the procedure and schoolpolicy. Most problems which arise during the day-to-day operation of schools can be solved byan informal conference between the bargaining unit member or bargaining unit members and theprincipal or supervisor. Every reasonable effort should be made to resolve such problems at thebuilding level. It is important that a grievance be processed as rapidly as possible. The numberof days indicated at each level should be considered as a maximum. The time limits specifiedmay be extended by mutual consent. Any grievant must initiate grievance procedures as outlined



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within twenty (20) days after knowledge of the event or condition which gives rise to thecomplaint.

Informal Procedure

A. The grievant should first discuss the matter with his/her principal or supervisor in an effort toresolve the alleged misinterpretation informally. The principal or supervisor must, within five (5)

days give his/her answer to the bargaining unit member. If, after the decision, the grievant is notsatisfied with the disposition of the matter, he/she may follow the formal procedure foradjustment of the grievance.

Formal Procedure

A. Building Level

1. If a grievant is not satisfied with the disposition of his/her grievance through the informalprocedure, he/she may within ten (10) days after receiving his/her answer under theinformal procedure, submit his/her Statement of Grievance to his/her principal orsupervisor who shall arrange for a meeting to take place within four (4) days after receipt

of the Statement of Grievance.

2. The interested parties may, during this meeting, present evidence and examine any personwho may be involved. The parties may be represented by a person or persons of theirown choosing.

3. The principal or supervisor shall, within ten (10) days after the meeting, render his/herdecision and its rationale, in writing, to the grievant. A copy of the Statement of Grievancewill be kept on file in the principal’s or supervisor’s office.

B. Superintendent Level

1. If a solution that is satisfactory to both parties has not been reached at a building levelwithin the time provided above, the grievant may, within ten (10) days, submit theStatement of Grievance to the Superintendent of Schools or his/her official designee. TheSuperintendent or his/her official designee shall arrange for a hearing within five (5) daysafter the receipt of the Statement of Grievance. During this hearing, the grievant, theprincipal, and the Superintendent shall be entitled to present evidence and examine anyperson who might be involved. The parties have the right to be represented by a personor persons of their own choosing.

2. The Superintendent shall render a written decision within ten (10) days after the hearing,which decision will be promptly given to both parties involved.

C. Board Level

1. If the grievant is not satisfied with the disposition of the grievance, the grievant may,with ten (10) days after receipt of the Superintendent’s decision, request in writing thatthe Statement of Grievance be submitted to the Board. A hearing before the Board shallbe scheduled within fifteen (15) days after receipt of the Statement of Grievance. Thegrievant may contest any former decisions reached by either the principal, supervisor, orthe Superintendent. The grievant, principal, supervisor or Superintendent may, during



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this hearing, present any evidence and examine witnesses. The parties may berepresented by a person or persons of their choosing.

2. All statements presented at the hearing by the grievant, principal, supervisor,Superintendent, or their witnesses, shall be considered by the Board in rendering itsdecision.

3. The Board shall render its decision in writing within ten (10) days after the hearing.

D. Arbitration Level

1. If the grievant is not satisfied with the disposition of his/her grievance at the Board level,or if no decision has been rendered within ten (10) days after he/she first met with theBoard, he/she may, within five (5) days after a decision of the Board or fifteen (15) daysafter he/she first met with the Board, whichever is sooner, request in writing that thegrievance be submitted to advisory arbitration.

2. Within ten (10) days after such written notice of submission to arbitration, the Board and

the grievant will agree upon a mutually acceptable arbitrator and will obtain acommitment from said arbitrator to serve. Should the parties be unable to agree on anarbitrator, the grievant may file a notice of intent to arbitrate to the American ArbitrationAssociation (AAA) and arbitration shall proceed pursuant to the rules of the AAAprovided, however, in all events, the award of the arbitrator shall be advisory only.

3. The arbitrator so selected will confer with representatives of the Board and the grievant,hold hearings promptly, and will issue his/her decision on a timely basis. The arbitrator’sdecision will be in writing and will set forth his/her findings of fact, reasoning, andconclusions of the issues submitted. The arbitrator will be without power of authority tomake any decision which requires the commission of an act prohibited by law or which isin violation of the terms of this agreement.

4. Notwithstanding the rules of the AAA, or other rules or provisions, all costs incurred forthe services of any arbitrator, his/her expenses, and administrative fees of the AAA, shallbe paid by the party against whom the award is rendered, as determined by the arbitrator.

E. Grievance Processing

The Board agrees that records of grievances shall not be forwarded to any prospective employer.

ARTICLE V

SCHOOL CALENDAR

A committee consisting of a central office administrator, who will act as chairperson, a principal to beappointed by the Superintendent, five bargaining unit members (one primary, one intermediate, one juniorhigh, one high school, and one member of the Minidoka County Education Association), and to beappointed by the Association one classified representative selected by the Classified Committee who willbe allowed to serve as an ex officio member, and four representatives from official parent teacher groups,will review and recommend a school calendar to the Board according to the following schedule:



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A. A meeting of the Calendar Committee will be held in December to review and recommend aschool calendar for the next three years. The committee shall then meet every other year toreview the existing calendar and to plan calendars three years ahead.

B. During January, a public hearing will be held concerning the calendar. At such time, theCalendar Committee will hear recommendations for changes in the calendar from the public.

C. During February, the Calendar Committee will present its recommendations to the Board. Acopy of the recommendations presented to the Board shall be mailed to the Association Presidentten (10) days prior to the presentation to the Board.

D. In the years between adoption years, either the board or the association may request that thecalendar committee reconvene to review and recommend changes to the adopted calendar.

ARTICLE VI

PROFESSIONAL DEVELOPMENT

Teacher In-Service Training

A committee consisting of four (4) teacher (one primary, Pre-3; one intermediate, 4-5; one middle school,6-8; and one high school) appointed annually by the Association, a Superintendent designee, one (1)elementary administrator and one (1) middle school administrator; and one (1) high school administrator,and one (1) Federal Programs Director will be organized by the Superintendent or Designee. The initialmeeting will be called by the Superintendent or Designee. Notice will be given to the Superintendent andMCEA president of all meetings. In-service training programs will be developed according to theadopted calendar and in accordance with Idaho Code, to meet the educational needs of students andprofessional development needs of teachers. The committee will be formed no later than March 1 of eachyear and will make recommendations to the Board and Association no later than April 30 of each year forimplementation each succeeding year. Prioritization each year will follow needs identified at three levels(1) District, (2) Building, and (3) Content Area/Programs/Departments. Every effort will be made tofocus on student achievement and allocation of funds at the building level.

A copy of the recommendation presented to the Board shall be mailed to the Association President ten(10) days prior to the presentation to the Board.

In-service training days shall be part of the 190-day contract, but not necessarily part of the 180 teachingdays.

ARTICLE VII

INSTRUCTIONAL PREPARATION HOURS

The following guidelines shall be in effect to provide a similar instructional preparation opportunity forteachers at all levels.

Each full-time classroom teacher shall be scheduled for student contact time to approximate 1400 minutesper week for instructional purposes. All other contracted time shall be for the purpose of instructionalpreparation with the exception of minimal duties as explained in the duty proposal and district policy.



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proof of illness and inability to work at the time of application and from time to time after a granthas been made.

C. The District shall have the authority to establish such guidelines and procedures as it deemsnecessary to implement this program. The guidelines shall not be established until a committeeof teachers, selected by the Association, has provided their recommendations to the District.

After complete review of the application, the district shall have the authority to make a finaldecision, within the guidelines, as to the disposition of the case. Notification of the decision willbe given to the bargaining unit member within two (2) weeks after the request is made.

D. In order for a professional bargaining unit member to be eligible for sick leave benefits from thesick leave bank, the bargaining unit member must, before making application (1) be a contributorto the bank, (2) have been absent from work due to personal illness or accident, and (3) have usedall accumulated sick leave days and person leave days and had two days there the salary wasreduced in full. Application must be in the form provided by the district within fifteen (15) daysof the depletion of sick leave.

E. The maximum number of days which may be granted in any school year will be the remaining

number of days a bargaining unit member is scheduled to work, not to exceed sixty (60) days. Abargaining unit member shall not receive more than his/her contracted salary for that year.Within in any five (5) year period, the total number of days granted to one (1) person will notexceed 180 days. Grants will not be made to care for family members. Grants may not be usedfor elective surgery.

F. Bank grants will end at the termination of the school year. If a professional bargaining unitmember does not use all of the days granted by the bank, the unused sick leave days will bereturned to the bank. The days remain the property of the bank and cannot be transferred if ateacher leaves the district or chooses to drop membership in the bank.

G. If the bargaining unit member is incapacitated to such an extent that he/she cannot personally

apply for a grant, the bargaining unit member’s immediate supervisor may apply for thebargaining unit member.

H. Certificated employees are permitted to donate to a specific employee in need by filling out aDesignation Form, designating the number of days the employee would like to donate to thatemployee. Donated days will be kept in a pool for a period of up to one year. If more days aredonated than are needed, the unused days will be rolled into the appropriate sick leave bank.

Leave of Absence

Bargaining unit members may be granted up to one (1) year leave of absence after completion of three (3)years of continuous employment in the District by Board approval. No more than one per cent (1%) of

the teachers may be granted leave of absence at one time. The position granted upon return must be of some benefit to the District. The following rights shall be maintained: contract status, retirementbenefits, accrued sick leave, and other benefits.

Wellness Incentive

Minidoka County Joint School District #331 believes in supporting and encouraging the overall wellnessof all staff members as it directly relates to increased job performance, reduced absenteeism, andimproved job satisfaction. Therefore, the District will provide and fund a Wellness Program for classified



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and certificated employees annually. The guidelines for the implementation, administration, andeffectiveness of this incentive will be reviewed annually in negotiations. The focus of the program mayinclude encouraging and rewarding employees for regular exercise, good nutrition, increased activitylevels, and other areas of wellness (physical/emotional/social/mental/spiritual).

The District will attempt to maintain the consistency in guidelines between certificated and classified

personnel wellness plans by having classified, certificated, and board teams collaborate in establishing theguidelines. The Insurance Committee (with classified and certificated representatives from all buildingsand departments) will be responsible for developing the Wellness Program.

ARTICLE X

ASSOCIATION PRIVILEDGES

Budget Changes

Any adoption by the Board of policy which shall modify fiscal, budgetary or tax programs, and proposedor considered construction programs which may have an effect on the ability of the District to makeagreements with the Association on matters of wages, hours, and conditions of employment shall be

reduced to writing and a copy shall be forwarded to the President of the Association. Within ten (10)days from the receipt of this notification, the Association shall be allowed to present its recommendation,in writing, on such proposal prior to its adoption.

Prior to finalization of plans to expand, eliminate or change any curriculum or program that will affect thebudget, the Association shall be so advised and be allowed to make recommendation to the Board.

District Budget Information

In order to aid the Association in negotiating economic benefits and to further a mutual understanding of the finances of the District, the MCEA appointee(s) may meet with the administration of the District atthe Central School Office of the District for the purpose of studying revenue and expenditures of the

District.

ARTICLE XI

INSURANCE PROVISION AND OTHER FRINGE BENEFITS

Admissions to School Activities

In order to strengthen public relations and create enthusiasm and support for school activities, allbargaining unit members in the District will receive a pictured identification card, which will admit eachand a guest to all local school functions.

Health Insurance

The Board shall provide, without cost to all eligible bargaining unit members, a health care protectionplan on a continuous, twelve-month basis, for the bargaining unit member. The Board shall not changethe existing insurance carrier without consulting the Association.

Life Insurance



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The School District will pay for a $50,000 life insurance policy for all eligible bargaining unit members.If the bargaining unit member wishes to have his/her family enrolled on the group insurance, he/she willpay the additional premium. This may be done by payroll deduction if desired.

Dental Insurance

The Minidoka County School District shall pay the premium for all eligible bargaining unit members’dental insurance.

Vision Insurance

The Minidoka County School District shall provide vision insurance without cost to all eligiblebargaining unit members.

Flex Plan

A. The Minidoka County School District will provide an optional IRS 125 Plan for eligiblebargaining unit members.

B. The Minidoka County School District will offer the following additional options of a flex plan toeligible bargaining unit members. Each option will have its own minimum rules of participationas set by the district.

1. Spouse/Family Health Insurance2. Spouse/Family Dental Insurance3. Spouse/Family Life Insurance

C. Should the bargaining unit member choose benefits whose premiums exceed the district’scontribution, the bargaining unit member shall be responsible for the additional cost throughpayroll deduction.

D. The above options shall be payroll deductible to the amount requested by the bargaining unitmember under either a pre-tax or after tax option. To be eligible for the pre-tax option, thebargaining unit member must be a member of the IRS 125 Plan offered by the District.

ARTICLE XII

TRANSFERS

Purpose

The transfer provisions shall apply to bargaining unit positions and shall provide for the orderly andequitable transfer of bargaining unit members who are re-employed by the district. Nothing in thesetransfer provisions shall be interpreted to provide any additional rights to future employment with the

District other than those rights which are already provided for in Idaho Code Sections 33-514 and 33-515.“Bargaining Unit Members” shall be defined as all certificated personnel with the following exceptions:Superintendent, Assistant Superintendent, Principal, Vice Principal, Directors of Special Services,Athletic Director, and any other administrative personnel employed by the district as defined in SectionA, Number 9 of Article I of the Negotiated Procedural Agreement.

Transfers Within Buildings



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A. Qualified bargaining unit members within a building will be given the opportunity to make avoluntary transfer within the building prior to a position being declared vacant for intra-districttransfer. “Qualified Bargaining Members” shall be defined as a bargaining unit member havingthe proper certification and endorsement from the Idaho State Department of Education for thevacant position and whose contract is renewed by the Board of Trustees.

B. Within buildings, the principals will have the authority to accomplish in-building transfers at theirown discretion. All in-building transfers may be appealed to the Superintendent and ultimately tothe Board of Trustees. Voluntary and involuntary considerations do not apply for between withintransfers.

Transfers Between Buildings

When transfer of bargaining unit members between buildings become necessary as determined by theDistrict Superintendent, the district shall adhere to the following procedures:

1. Information on vacant positions shall be made available to all bargaining unit members

with sufficient details of job descriptions to allow qualified persons to volunteer for thesechanges. Vacancies will be posted for four (4) days, at Central during the summer, and atschool buildings during the school year. Vacancies will also be posted on the Districtweb page at minidokaschools.org

2. If the bargaining unit member divides his/her time equally between buildings, thebargaining unit member must designate one of those buildings as a home building for thepurposes of transfer. Once a bargaining unit member makes a designation, then he/shemay not change that designation until the following August 2.

A. Voluntary Transfer

1. Only the successful candidate must complete an “Intra-District Transfer Request” andsubmit it to the building principal where the vacancy exists.

2. From those bargaining unit members submitting requests, a site-based committeeconsisting of at least three (3) members including the building principal, the subjectchairperson or grade-level chairperson, and another staff member, shall assess the mostqualified applicant to fill the position. At the Board’s discretion, a board member may beincluded on the selection committee when hiring high school head coaches and activitydirectors. Based on the committee’s judgment, a recommendation will be given to thebuilding principal to be considered in making the final selection for filling the vacancy.Preference will be given to the in-district transfer requests prior to the position beingfilled by someone from outside the District. However, the building administrator or

program supervisor may recommend that the position be filled from outside the district.When a position for a stipend assignment needs to be filled in conjunction with ateaching position, the teaching position may be left vacant until the necessary stipendvacancies have been filled.

3. After August 1st a new bargaining unit member may be hired on a Category 1 contract.Temporary positions may or may not be posted for four (4) days depending uponpersonnel requirements. Temporary contract bargaining unit members will receiveseniority for the portion of the year served, and may apply for open positions. The



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temporary contract position will be declared vacant and open at the conclusion of theschool year.

4. After the Board of Trustees declares with a formal motion that programs or classes willbe reassigned to a different building(s), the current bargaining unit members in theaffected school shall have priority to transfer to class vacancies created by the movement

of classes. If more than one teacher applies for such a vacancy under the priority system,then seniority and qualifications shall govern the selection. The affected schoolbargaining unit members will be allowed: 1) Five (5) work days during the regularschool year, or 2) Fifteen (15) work days during the summer months to make writtentransfer applications. Bargaining unit members considering transfers under this provisionare reminded that Article XII, Part 2 remains in effect once bargaining unit members aretransferred to a building.

B. Involuntary Transfer

1. Involuntary or forced transfer may be the result of a reduction of positions, for whatevercause, or a change in position and job description which renders the current bargaining

unit member unqualified for the position. Whenever possible, voluntary transfer is apreferred method of moving an individual. We encourage administrators to consider allreasonable options and methods to facilitate a voluntary transfer prior to an involuntarytransfer.

2. When the District determines that there is a surplus of bargaining unit members in abuilding or District level position, the bargaining unit member with the least seniority inthe identified surplus certification area and building, will be transferred within theDistrict where there is a vacancy, if the bargaining unit member is re-employed by theBoard of Trustees. If the bargaining unit member with the least seniority is notcertificated for available vacancies, then the next bargaining unit member with the leastseniority will be involuntarily transferred from the surplus area to the vacancy area. If

this process does not result in a transfer, then the process will start over on the basis of building seniority list and additional certification as deemed by the Board of Trustees.The Board shall have total discretion in determining the bargaining unit member who willinvoluntarily be transferred on basis of seniority or additional anticipated certification.

3. Seniority shall be determined by length of continuous years of uninterrupted service withthe District as determined by the date the bargaining unit member was hired. In a casewhere two individuals are hired on the same date, the tie will be broken by awardingseniority to the individual with the highest years of experience as recognized by the StateDepartment of Education salary based apportionment system. If still tied, the personnelspecialist will break ties by a mutually agreed upon technique, or by a random draw, if mutual agreement cannot be readily reached. Bargaining unit members on approved

leaves shall be considered as having remained in continuous service; however, the periodof absence will not be counted towards total years of service for determining seniority.Bargaining unit members who work sufficient hours with the district to be eligible for thePublic Bargaining unit members Retirement System shall accrue one (1) year seniorityunder these transfer provisions. Bargaining unit members who do not work sufficienthours with the district to be eligible for the Public Bargaining unit members RetirementSystem shall accrue seniority in the proportionate share of the basic nine month contractfor which he/she is employed (i.e. 20% contract = .2 years of seniority).



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Bargaining unit members who have served in a counseling, supervisory, or administrativeposition in the District will have such experience counted in calculating total buildingseniority. When bargaining unit members enter into a shared contract, both parties agreeto accept the seniority of the bargaining unit member with the least seniority for thepurposes of transfer. If either party subsequently enters into a full contract, actualseniority applies.

4. In the event a bargaining unit member must be placed in a certification area for whichhe/she is certified but has not had teaching experience or major preparation, he/she willbe given priority for a move to a more appropriate assignment, provided said vacancyoccurs with two (2) years of transfer.

5. When involuntary transfers are necessary, a bargaining unit member shall not be assignedto a position outside the area(s) authorized by certification requirements of the IdahoState Department of Education.

6. Because of the unique requirements of special education positions, bargaining unitmembers will not be involuntarily transferred into special education positions. The

District may offer a one year “signing bonus” to attract voluntary transfers or out of district applications to special education positions as approved by the Board. The Boardhas total discretion in identifying bonus special education positions and in determiningbonus amounts. Any person accepting a signing bonus will be ineligible for voluntarytransfers from the special education position for a period of two (2) years.

7. Full-time employees take priority over less than full-time employees with regard to fillingvacancies due to transfer due to a surplus. Less than full-time employees will be offereda vacant full-time position within or between buildings, however, if there are no less thanfull-time positions available, the member will need to take the full-time position or look elsewhere for a less than full-time position if available.

C. Transfer During Probation

A probationary bargaining unit member shall not be voluntarily transferred during his/herprobationary period unless it has been mutually agreed upon by both building principals and thebargaining unit member.

D. Special Assignments

Any bargaining unit member who is reassigned to teach in a new, experimental, or federallyfunded program which is discontinued after one (1) year, shall be reassigned to his/her formerposition or to a mutually acceptable vacant position for which he/she is certified, if the bargainingunit member is re-employed by the Board of Trustees. Transfer to such an assignment is

contingent upon finding a qualified bargaining unit member to temporarily fill the vacatedposition for one (1) year.

E. Seniority List

A list of bargaining unit members in order of district seniority shall be distributed to allbargaining unit members by November 15 of that school year. Any bargaining unit member whowishes to challenge his/her placement on that list shall notify the superintendent no later thanJanuary 2 of that school year. If challenged, a committee consisting of the Superintendent, the



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Association President, and a third person mutually agreed upon by the Superintendent andAssociation President, shall research pertinent information and render a decision fixing thebargaining unit member’s placement on the seniority list.

ARTICLE XIII

SAVINGS CLAUSE

All items in this agreement are presumed to be legal and valid. In the event that any provision of this agreement is or shall at any time be held contrary to law by a court of competent jurisdiction.All other provisions of this agreement shall continue in effect. This agreement shall not bemodified in whole or in part except by an amendment in writing duly agreed to and executed byboth parties.

ARTICLE XIV

PROFESSIONAL COMPENSATION

1. Salary Schedule

For the 2010-2011 school year, there will be two certificated salary schedules. CertificatedSalary Schedule #1 applies to employees hired before July 1, 2009. The base for Certified SalarySchedule #1 is $25,734 with a minimum salary of $31,750 (see Appendix A). Certificated SalarySchedule #2 is applies to employees hired after July 1, 2009 The base for Certificated SalarySchedule is $24,567 with a minimum salary of $30,915 (see Appendix A).

Due to State of Idaho funding decreases, the credits for experience (steps) will be calculated asactual years of experience minus two years. Credits for additional education will not be given(lanes). Any future step/lane increases or salary increases will be treated on both salary schedulesin an equitable manner. There will be four unpaid holidays for 2010-2011 (Thanksgiving Day,Christmas Day, New Year’s Day, and Memorial Day) and one less contract day (Collaboration-January 14, 2011) resulting in base contracts for certificated employees being adjusted from 190days to 185 days (in effect this is a five day furlough from paid days on the base contracts). Paidholidays will be reinstated if the State of Idaho restores the funding for salary apportionment at afuture date.

2. Additional Preparation

Placement for experience and credits on the District Salary Schedule will be based upon the StateDepartment of Education (SDE) Salary Index (Schedule) decisions.

3. Sharing of Difference Between Budget Per Unit Funding ($24,459.00) and the Actual SDEFinal Allocated Per Unit Funding

In the event that there is an increase in the actual SDE final allocated per unit funding from thebudgeted per unit funding of $21,795.00per unit, and in the event that this budgeted per unitfunding amount multiplied by the actual number of units funded exceeds the budgeted estimatefor unit funding, $21,795.00, and in the event that the district does not hire additional teachersafter October 31 in excess of the SDE teacher allocation, then there will be a one time salarypayment, known as “D funding reconciliation”, to all school district bargaining unit membersbased upon the following provisions:



19

Regardless of unit funding revenue, the one time salary payment will be made only if there is asufficient June 30, 2010 audited general fund balance, in the judgment of the District’s Board of Trustees, to provide a five percent (5%) General Fund Contingency. This contingency will be inaddition to designated and reserved portions of the District’s fund balance.

The percentage of the increase due to the actual SDE final allocated per unit funding and to the

actual number of funded units will be applied as a one-time salary payment as follows:

1. The increase in unit funding shall be the difference between the state estimated$21,795.00 (per unit) multiplied by the total number of support units approved by SDEfor unit funding revenue AND the increased (if any) actual support unit amount per unitmultiplied by the total number of support units approved by SDE for unit fundingrevenue. The difference in support unit funding as described above shall not include anyadditional funds which have been “earmarked” for specific purposes by the State of Idahoor any entities or funds which are required to hire additional teachers as described above.

2. Bargaining unit member salaries shall be calculated as a percent of General FundRevenue (revenue prior to any transfers from the General Fund, but including anytransfers to the General Fund) as determined by the District’s annual audit and as

confirmed by the District’s independent auditor. Bargaining unit member salaries for thepurpose of determining the percent of General Fund Revenue are limited to regularsalary, overtime payments, stipends, and extended contracts. Substitute salaries andcontracted services will be excluded. The percentage of bargaining unit member salariesshall be based on the 2009-2010 year.

3. Only those bargaining unit personnel who are employed as regular bargaining unitmembers under contract during the 2009-20010 school year, re-employed for the 20010-20011 school year, and who report for duty in August 20010, or who are retired for the2009-20010 school year under PERSI are eligible for these reconciliation funds.

4. Each eligible person will receive a share of the one time salary reconciliation payment

based upon the percentage of his/her contractual salary to the total salaries as calculatedin part 2b above. For example, for a $30,000 salary and a $300 per unit increase: 30,000divided by 12,225,728 = .00245 times 75,750 = $185.88. $300 per unit increase wouldbe approximately $75,750 total increase (Example based on 96-97 Budget estimates).

5. Eligible school district personnel would receive their share of payment as a one-timebonus no earlier than October 30, 20010.

6. If any portion of the 2009-20010 unit funding increase is due to a PERSI adjustment, theportion of the increase due to the PERSI adjustment as verified by the State Departmentof Education will be treated as earmarked funds, earmarked for the 2009-20010 Districtbargaining unit members. The District will determine the PERSI adjustment as a percentof total district contract and work schedule salaries. Each bargaining unit member under

a contract will receive the same percent of PERSI funds. Thus, if the PERSI percentageof total district salary is 1%, then each eligible bargaining unit member would receive 1%of his/her 2009-20010 salary, regardless of 2009-20010 PERSI membership.

Idaho is not dispensing “angel” money this year and no gain sharing funds will becoming from the state for the 2009-20010 school year.

This share will be called a PERSI reconciliation. This one time PERSI adjustmentpayment will be made no earlier than October 30, 20010. In case of terminated



20

bargaining unit members, the PERSI adjustment payment will be mailed to the lastknown mailing address.

7. The unit funding reconciliation and the PERSI reconciliation funds received are not partof any bargaining unit member’s contractual salary and are thereby excluded from therequirements of Idaho Code 33-515. This provision is in effect only for the distributions

of funds related to fiscal year 2009-20010. In the event that there is no increase in theactual SDE final allocated per unit funding of $21,795.00 per unit, then the school districthas no obligation to make the one time salary payment according to unit fundingreconciliation regardless of total unit funding revenue.

8. Both parties agree that the reconciliation amounts shall be as determined by the District’sdesignated independent auditor and will be part of the District’s official audit. Bothparties agree to accept the auditor’s decision as final and neither shall grieve or appeal theauditor’s decision.

ARTICLE XV

SUMMARY

The financial allocations for salary schedule, flex plan, health, dental, life, vision benefits,retirement benefits and the negotiated leaves and negotiated sick leave benefits will bemaintained unless changed by negotiations or unless a work interruption occurs resulting infifteen percent (15%) or more of the certificated staff of the District being absent. A “work interruption” shall be deemed to include strikes, work slow downs, walkouts, sick outs, or similarwork interruptions.

During its term this Agreement may be altered, changed, added to, deleted, or modified onlythrough the voluntary, mutual consent of the Board of Trustees and the Association, in writtenand signed amendment to this agreement.

For the 20010-2011 school year, the Board and the Association have agreed to the above

negotiated salary amounts and fringe benefits as outlined in the negotiation minutes.

SIGNATURES:

DATED:

BY:Chairman, Board of Trustees

BY:Co-President, MCEA and

BY:

Co-President, MCEA

APPENDIX A



21



22



23

APPENDIX B

Summative Performance Evaluation

As adapted from the Newport News, Virginia, Public Schools

Employee Name: Employee's Assignment:

Location: (Place an X in the box in front of the school)

Acequia

Elementary Heyburn Elementary Paul Elementary

Rupert

Elementar

East Minico

Middle West Minico Middle Minico Mt. Harris

Federal Programs Special Services

Instructions: Using the Components of Professional Practice rubric and the key below, check the appropriate box that describes th

employee’s performance. Please use comments to provide the employee with a better knowledge of his/her job performance. Comm

are required for unsatisfactory and basic performance to ensure that the employee has the opportunity to improve. A pre‐ and post‐

conference should

be

held

in

confidence

and

be

open

for

discussion

between

both

parties.

Teachers

are

required

to

complete

a self

‐

assessment of their performance using a document similar to this one, which should be discussed in detail. Supervisors of this emplo

should work to provide a fair and effective evaluation.

Key: U….Unsatisfactory B….Basic P….Proficient D….Distinguished

Domain 1: Planning & Preparation U B

Demonstrating Knowledge of Content and Teaching Strategies

Demonstrating Knowledge of Students

Selecting Instructional Goals

Demonstrating Knowledge of Resources/Programs

Designing Coherent Instruction

Assessing Student Learning

Comments: (Type comments in the box below)

Domain 2: The Classroom Environment U B

Creating an Environment of Respect and Rapport

Establishing a Culture for Learning by Supporting the Beliefs, Vision, and Mission of Minidoka Schools

Managing Classroom Procedures

Managing Student Behavior

Organizing Physical Space




24

Domain 3: Instruction U B

Communicating Clearly and Accurately

Using Questioning and Discussion Techniques

Engaging Students in Learning

Providing Feedback to Students

Demonstrating Flexibility and Responsiveness

Comments:

(Type comments

in

the

box

below)

Domain 4: Professional Responsibilities U B

Evaluation on Teaching

Maintaining Accurate Records (Including those required by special programs)

Communicating with Families

Contributing to the School and District

Growing and

Developing

Professionally

Showing Professionalism (State Code of Ethics)


Evaluator Comments: (Type evaluator comments in box below)

Employee Comments: (Please write employee comments in the box below)

Evaluator's Recommendations: (Place an X in the box in front of the appropriate recommendation below)

Re‐employment: Evaluator recommends re‐employment without reservation.

Re‐employment with recommendations for improvement: Evaluator recommends re‐employment, but suggests that th

teacher work to improve identified areas listed below.

Probation: The teacher must improve in identified areas within a specified period of time listed below.

Non‐renewal of contract: The teacher has not met standards of improvement as required under conditions of probation and is

offered a contract for the upcoming year listed below.

Recommendations for Improvement: (Type recommendations for improvement in the box below)



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Conditions of Probation: (Type conditions of probation in the box below)

Standards of Improvement Not Met: (Type standards of improvement not met in the box below)

Employee's Signature: D

Evaluator's Signature: D

gnature of the employee indicates the employee has had a conference with the evaluator and received a copy of the evaluation, but does not necessarily

agreement with the evaluation.



26

Domain 1: Planning & Preparation U B P D

1a. Demonstrating Knowledge of Content and Teaching Strategies

1b. Demonstrating Knowledge of Students

1c. Selecting Instructional Goals

1d. Demonstrating Knowledge of Resources/Programs

1e. Designing Coherent Instruction

1f. Assessing Student Learning

Domain 2: The Classroom Environment U B P D

2a. Creating an Environment of Respect and Rapport

2b. Establishing a Culture for Learning by Supporting the Beliefs, Vision, and Mission of Minidoka Schools

2c. Managing Classroom Procedures

2d. Managing Student Behavior

2e. Organizing Physical Space

Domain 3: Instruction U B P D

3a. Communicating Clearly and Accurately

3b. Using Questioning and Discussion Techniques

3c. Engaging Students in Learning

3d. Providing Feedback to Students

3e. Demonstrating Flexibility and Responsiveness

Domain 4: Professional Responsibilities U B P D

4a. Evaluation on Teaching

4b. Maintaining Accurate Records (Including those required by special programs)

4c. Communicating with Families

4d. Contributing to the School and District

4e. Growing and Developing Professionally

4f. Showing Professionalism (State Code of Ethics)

Personal Goal for Improvement:

Key: U….Unsatisfactory B….Basic P….Proficient D….Distinguished

This self ‐assessment is intended to provide you with a specific focus for professional growth and development and will

enable your supervisor to provide you with appropriate professional development opportunities throughout the year. Using

the Components of Professional Practice for Teachers rubric as your guide, complete this self ‐assessment by carefully

reflecting on your instructional practices in the four domains listed below. Identify at least one personal goal for

improvement in

each

domain.

Be

prepared

to

discuss

your

goals

during

the

goal

‐setting

conference

with

your

administrator

Teacher Self ‐Assessment As adapted from the Newport News, Virginia, Public Schools






27

Peer PerceptionsYou were selected to assist a colleague by completing a peer perceptions questionnaire. Your responses, in addition to others, will be used by this individual tguide them in developing their personal growth plan. Your responses will be completely anonymous, neither the colleague nor the data collection agent will beable to identify your responses from others.

Instructions: Based on your professional interactions with your colleague, please use the following scale to respond to the statements below.

Choose one for each statement.

(SA) strongly agree (A) agree (D) disagree (SD) strongly disagree (NO) not observed

My colleague:1. Demonstrates a high level of professional conduct.

SA A D SD NO

2. Acts friendly, courteous, fair and tactful in dealing with people, regardless of socioeconomic status.

SA A D SD NO

3. Speaks and listens effectively.

SA A D SD NO

4. Works collaboratively with peers.

SA A D SD NO

5. Maintains confidentiality.

SA A D SD NO

6. Accepts leadership opportunities that improve academics and student behavior.

SA A D SD NO

7. Listens to, and considers, new ideas and/or suggestions.

SA A D SD NO

8. Makes themselves accessible to students, staff, and parents in the school.

SA A D SD NO

9. Takes responsibility for decisions.

SA A D SD NO

10. Works proactively in dealing with students, staff, and parents.

SA A D SD NO

11. Uses self-control in times of stress.

SA A D SD N

12. Consistently enforces student conduct rules as outlined in the student handbook.

SA A D SD NO

13. Demonstrates a high level of dignity and respect towards all ethnic groups.

SA A D SD NO

14. Supports student activities/extracurricular programs.

SA A D SD NO

15. Makes an effort to boost morale throughout the school.

SA A D SD NO

Minidoka County Joint School District Personal Growth Planning - Peer PerceptiRevised: 6/23/2010 12:37

#331



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APPENDIX C

GRIEVANCE REPORT FORM

STEP 1

Building:

Name of Grievant: Date Filed:

Date of Grievance:

Explanation of Grievance (section contract or policy allegedly violated)

Solution Sought:

Signature of Grievant and or Association Date:

Disposition by Principal or First Line Supervisor:

Signature of Principal Date:

Position of Grievant and/or Association

Signature of Grievant and/or Association Date:

(attach extra page if necessary)



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STEP 2

Date Received by Superintendent

Disposition of Superintendent

Signature of Superintendent

Date


Signature of Grievant and/or Association Date

(Attach extra page if necessary)

STEP 3

Date Received by School Board

Disposition of School Board Date

Signature of President Date


Signature of Grievant and or Association


STEP 4

Date Submitted to Arbitration

Disposition and Award by Arbitrator:

Signature of Arbitrator Date




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APPENDIX D

MEMORANDUM OF UNDERSTANDING

In the event of mid-year State mandated holdbacks, during the 2010-2011 contract year,and such holdback results in an actual decrease of general fund revenues to Minidoka CountySchool District, the Minidoka County Education Association and the Minidoka County SchoolDistrict #331 Board of Trustees agree to reopen Article XI, (Insurance Provisions and Other

Fringe Benefits) and Article XVI (Certified Salary Schedules). Additional articles may bereopened only by mutual agreement of both parties. The parties agree to negotiate in good faithin an attempt to reach an agreement. Any agreement that results in changes in the MasterAgreement must be ratified by the constituency of both parties before such changes can takeeffect. Such changes as result from the reopened negotiations will expire at the end of the 2010-2011 contract year and the original 2010-2011 provisions will be the basis for negotiations.

This Memorandum of Understanding will be removed as an addendum to the MasterAgreement at the expiration of the 2010-11 contract year.

Minidoka County School Board of Trustees Minidoka County Education Association

____________________________________ _________________________________Signed Signed

____________________________________ _________________________________Date Date



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APPENDIX E

NEGOTIATED PROCEDURAL AGREEMENTBETWEEN

THE MINIDOKA COUNTY EDUCATION ASSOCIATIONAND THE BOARD OF TRUSTEES OF

THE MINIDOKA COUNTY SCHOOL DISTRICT #331

PREAMBLEThe Board of Trustees of the Minidoka County School District Number 331 and theMinidoka County Education Association agree that the educational welfare of the childrenof the district is paramount in the operation of the schools. The Board of Trusteesrecognizes that members of the teaching profession have specialized educationqualifications and that their participation in policy development on matters relative to theprofessional services of teachers is important to the success of the school program.

The Board of Trustees and the Minidoka County Education Association recognize theirresponsibilities toward each other and to the community to negotiate in good faith to reach

agreements which are mutually satisfactory. In order to promote maximum utilization of theability, experience, and judgment of all parties sharing responsibility for the quality of instruction in the Minidoka County School District, the parties do hereby agree as follows:

ARTICLE I - DEFINITIONSSECTION A. The following terms are defined and shall be used in this agreement:

1. Board shall mean Board of Trustees of the Minidoka County School District.

2. Association shall mean the Minidoka County Education Association.

3. Professional employee shall refer to all certificated personnel with the following exceptions:Superintendent, Assistant Superintendent, Principals, Vice-Principals, Directors of SpecialServices, Athletic Director and any other administrative personnel employed by the districtas defined in Section A number 9 of this article.

4. Negotiations means meeting and conferring in good faith by representatives of the Boardand authorized representatives of the Association for purpose of reaching an agreement,upon matters and conditions subject to negotiations as specified in this agreement.

5. Curriculum is understood to mean all the school-sponsored activities that influence learning.

A curriculum consists mainly of subjects studied in the classroom. It also includes someactivities that take place outside the classroom, such as lectures and school plays, becausethese activities also serve to teach the students.Items to be considered: (not limited) (a) textbook selection, (b) instructional materials, (c)types of subjects to be taught, (d) teaching techniques and standards, (e) student evaluationand testing, (f) curriculum changes and improvements, (g) extracurricular activities, and (h)education specialists.

6. Teaching conditions may be defined as those conditions by which the instructional programis placed into operation by the teacher through the process of guiding and directing



35

individual learning within or outside the classroom. Items to be considered (but not limitedto):

(a) school calendar,(b) employee transfer,(c) promotion,(d) evaluation,(e) replacement and assignment,(f) in-service programs,

(g) teacher load,(h) class size,(i) teacher preparation,(j) duties,(k) non-teaching duties(l) rights,(m) responsibilities,(n) teacher/student relations,(o) student discipline, and(p) hours of employment.

7. Personnel leave shall mean any absence of a professional employee from his teachingresponsibilities as classified under the following categories: sick leave, personal leave,emergency leave, leave of absence, professional leave.

8. Good faith means that negotiations shall be conducted honestly and forthrightly and shallavoid any attempt to subvert the process or to put obstacles in the path toward a satisfactoryagreement. Good faith requires (1) a give and take discussion, (2) making of proposalsand counter proposals, (3) statements of reasons for rejecting a proposal, and (4)maintenance of a flexible position. Further, good faith shall require that no unilateral actionbe taken by either the Board or the Association during the time that negotiations or impasseprocedures are in process according to the terms of this agreement.

9. Administrative Personnel shall be defined as an employee having the responsibility forsupervision and evaluation of staff for more than 50% of their contract time.

ARTICLE II - RECOGNITIONThe Board recognizes the Association as the exclusive representative of all ProfessionalEmployees as defined in Article I for the purpose of negotiations pursuant to the IdahoStature, so long as it is duly chosen and selected by a majority of the ProfessionalEmployees of the District.

ARTICLE III - PROCEDURES

SECTION A. The process described in this agreement is dependent upon mutual understanding andcooperation. It, therefore, requires a free and open exchange of views between thenegotiation teams. Both parties agree to meet at reasonable times and to negotiate in goodfaith to reach agreement on matters of mutual concern as listed in Section D Article III.

SECTION B. 1. Members of the Board or their designated representatives and representatives named by the

Association shall meet for the purpose of negotiating and seeking agreement. A recorderwill be designated as mutually agreed upon by both parties who shall keep accurate records



36

of the procedures and who may serve as witnesses to the signing of tentative agreements bythe chairmen of the respective teams. At the beginning of each subsequent meeting theminutes shall be read, amended as needed, and signed by the designated chairperson for theBoard and the Association.

2. Each team shall consist of five (5) members, excluding the recorder. Consultants will beselected as needed.

3. Each team shall present at the time of request for negotiations, credentials signed by theChairperson of the Board and President of the Association, respectively, naming thenegotiating team and any authorized alternates.

SECTION C. Negotiating members of each team shall remain the same as long as the agenda is notchanged. Designated alternates may be substituted for team members.

SECTION D. 1. The Board and the Association agree to negotiate salary schedules, economic benefits, and

grievance procedures.

2. The Board further agrees to negotiate with the Association on the procedural processes forthe development of policy to be used within the school district for the improvement of teaching conditions, curriculum, and personnel leave as defined in Article I.

SECTION E. The negotiation teams may appoint committees for research, study, and development, of reports. Recommendations and reports of these committees are advisory only to theNegotiations Committee.

SECTION F. 1. Each party agrees to furnish, upon reasonable request, such information as is requested for

developing intelligent, feasible, and constructive proposals in behalf of teachers, students,and the school system.

2. The Board agrees to furnish complete and accurate financial reports and the tentative budgetfor the next school year as provided for public inspection.

SECTION G. 1. Written request for negotiations must be submitted by the Association to the Board and may

be submitted by the Board to the Association through their designated representatives on

matters to be negotiated as listed in Article III, Section D.

2. Any written request shall be submitted not later than February 1st of each year during theterm of this agreement unless a later date is mutually agreed upon. A writtenacknowledgement will be made within seven (7) days of the receipt of the request fornegotiation. Meetings will be arranged by mutual consent of the teams within fifteen (15)days of the receipt of a request for meeting.



37

3. The designated chairperson for the Board shall act as chairperson over the negotiationproceedings of the initial meeting. The role of chairperson shall alternate from Associationto Board at each subsequent meeting.

4. Dates and time limits for negotiation meetings shall be mutually agreed upon by the Boardand Association.

5. Negotiations shall terminate no later than May 15th of each year unless extended by mutualwritten consent. Contracts shall be issued prior to May 15th. Changes or revisions tocontracts resulting from negotiations will be reflected in updated contracts.

SECTION H. It is the responsibility of the Board and the Association to provide their negotiationrepresentatives with the necessary power and authority to make and consider proposals,counter proposals, and conclude tentative agreements. All agreements shall be consideredtentative until ratified by the Association and then the School Board.

SECTION I. Either party may utilize the services of consultants during negotiation sessions as provided

by law.

SECTION J. All negotiation sessions shall be held in closed session with only the negotiating teams andtheir respective consultants admitted. Negotiation sessions may be declared as open publicmeetings at any time by either party.

SECTION K. The School Board and the Minidoka County Education Association have chosen to usecollaborative negotiations and will continue to evaluate the effectiveness of this process.

ARTICLE IV - AGREEMENTWhen substantive agreement is reached, it shall then be made in writing and submitted forratification by the Association and then the School Board. When approved by both parties itshall be signed by their respective officials and shall be entered into the official minutes of both the Association and the School Board.

ARTICLE V - PROTECTIONSECTION A.

The Board agrees that every professional employee of the school district shall have the rightto freely organize, join and support the Association for the purposes of engaging innegotiations. The Board agrees further that it will not directly or indirectly discourage or

deprive or coerce any professional employee in the enjoyment of any rights conferred by theIdaho Statute relating to negotiations with professional employees of school districts, or thisagreement, nor discriminate against any professional employee with respect to terms andconditions of professional services by reason of his/her membership in the Association,his/her participation in any activities of the Association or negotiations with the Board orany grievance, complaint, or proceeding under this agreement.

SECTION B. The Association recognizes that, pursuant to the Idaho Statute regarding negotiations withprofessional employees of school districts, nothing contained herein is intended to or shall



38

conflict with or abrogate the powers or duties and responsibilities vested in the Board of Trustees and the State Board of Education by the laws of the State of Idaho.

SECTION C. The Association further recognizes that the Board is entitled without negotiation orreference to any negotiated agreement, to take action that may be necessary to carry out itsresponsibility due to situations of emergency or "acts of God".

ARTICLE VI - IMPASSESECTION A.

Pursuant to Idaho Code 33-1274, if the foregoing procedures fully implemented in goodfaith have not produced agreement between the Board or its designated representative andthe Association on matters under consideration, an impasse may be declared to exist byeither party and the procedures for its resolution shall be implemented. An impasse will bedeclared only at a meeting of the negotiations committee in a regularly called session.

SECTION B. In the event that an impasse has been declared, either party may call for the selection of amediator in an attempt to resolve the disagreement. This call for a mediator shall be within

ten (10) days after impasse has been declared.

SECTION C. If agreement on the mediator is not reached within five (5) days after the call for theselection of a mediator a request will be submitted to the State Superintendent of PublicInstruction to appoint a mediator. The costs and expenses of the mediator shall be sharedequally by both parties.

ARTICLE VII - FACT FINDINGSECTION A.

If, in the opinion of the mediator, he is unable to effect agreement between the parties within

twenty (20) days after his appointment, pursuant to Idaho Code 33-1275, either party maycall for fact finding. If agreement on the fact finder is not reached within ten (10) days afterthe request for the fact finder, the fact finder shall be selected by the State Superintendent of Public Instruction.

SECTION B. The fact finder shall meet with both parties and other persons he deems necessary, and shallissue his findings in writing within ten (10) days following the hearing.

SECTION C. The report of the fact finder shall be advisory only and shall not be binding on either party.

The report of the fact finder shall be made public if the issues in dispute have not beenresolved within ten (10) days of the delivery of the report to the negotiating teams.

SECTION D. The costs and expenses of the fact finder shall be assumed by the party or parties requestingthis service.



ARTICLE VIII - AMENDMENTEither party desiring changes in this agreement shall notify the other party in writing.Proposed amendments shall become agenda items for negotiation and are final when ratifiedby the Board and the Association. By mutual consent the effective date of any amendmentmay be set prior to the completion of the current agreement year.

ARTICLE IX - ARBITRATIONAny dispute between the parties as to the interpretation or application of this agreement may

be submitted by either party for final and binding arbitration according to the voluntarylabor arbitration rules of the American Arbitration Association.

ARTICLE X - REVIEWING THE ADMINISTRATION OF THE AGREEMENTS1. Representatives of the Board and the Association's negotiation committee may meet, if

necessary, for the purpose of reviewing the administration of the agreement, and to resolveany problems that may arise. These meetings are not intended to bypass the grievanceprocedure.

2. Each party will submit to the other, on or before Friday prior to the meeting an agendacovering the items they wish to discuss.

3. A time for the meeting will be mutually arranged between the parties concerned.

4. In the event that agreement is not reached on the issues that have been referred, the itemswould be referred to the grievance procedure.

ARTICLE XI - DURATIONThis agreement shall be effective after ratification by both parties and shall remain in forceand effect until mutually amended or rescinded.

Minidoka County School Board of Trustees Minidoka County Education Association

____________________________________ _________________________________Signed Signed

____________________________________ _________________________________Date Date

2010-2011 negotiated contract

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