letter of agreement

LETTER OF AGREEMENT by and between

NORTHSHORE SCHOOL DISTRICT NO. 417 And

PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763

September 01, 2017 through August 31, 2020

(Extended through August 31, 2021)

THIS LETTER OF AGREEMENT is supplemental to the COLLECTIVE BARGAINING AGREEMENT, hereinafter referred to as the Agreement and the July 2019, Letter of Agreement, by and between NORTHSHORE SCHOOL DISTRICT NO. 417, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. It is agreed by the Employer and the Union that the following terms apply to all employees covered by the Agreement. All provisions of the Parties 2017-2020 Agreement are in full force and effect through August 31, 2021, except as modified below. ARTICLE II UNION MEMBERSHIP 2.1 The Employer shall provide the Union the names, addresses, telephone numbers,

Social Security numbers, and hire dates of all new hires within thirty (30) of their employment, and in addition, the Employer shall notify the Union of all terminations. The Union and/or its Shop Stewards who have been appointed by the Union will be allowed a reasonable amount of time, but not less than thirty (30) minutes to meet with all newly hired employees as part of their initial orientation or other mutually agreed to times to provide Union Membership information. Employees, if they choose to participate shall participate on the Employer’s time.

2.2 Membership in the Union shall be maintained pursuant to applicable Washington

State Law as established by the State Legislature for Public Employees and administered by the Public Employment Relations Commission (PERC).

2.3 The Employer shall notify all employees and substitutes subject to this Agreement

at their time of hire they have been hired into a Union represented position under a Labor Agreement administered by Teamsters Local Union No. 763.

2.4 Upon receipt of a written authorization individually signed by a bargaining unit

employee, the Employer shall deduct from the pay of such employee the amount of dues, initiation fees, and delinquent dues and initiation fees as certified by the Union to be uniformly required as a condition of membership in the Union and shall transmit the same to the Union.

2.4.1 Dues deduction and initiation fee authorization by the employee shall be on a form

provided by the Union and shall be in effect unless the employee terminates membership pursuant to Section 2.2 above.

DocuSign Envelope ID: 7E241392-49A1-4047-AB42-9D62182AB9F4

2.5 The Union shall indemnify, defend and hold the Employer harmless against any claims made against or any suit instituted against the Employer on account of any check-off of Union dues. The Union shall refund to the Employer any amounts paid to it in error on account of check-off provision upon presentation of proper evidence thereof.

ARTICLE VI WAGES, BONUSES, AND OVERTIME

Attendance Incentive Programs identified in Sections 6.4 and 6.5 are suspended for the 2020-2021 school year.

ARTICLE IX LEAVES (Add to the beginning of Article IX) PREAMBLE: The Employer and the Union mutually agree that Article IX shall be interpreted to

include Paid Sick Leave rights to all eligible employees at a minimum as established by the Washington State Legislature pursuant to RCW 49.46.210 and Washington State Paid Family Leave as established by the Washington State Legislature pursuant to RCW 50A.04.

9.2.5 Employees shall notify the Transportation Department at least ninety (90) minutes

prior to their report time on the day of their absence and intended return following an absence. Failure to make such notification may result in loss of that day’s pay. For those employees who are absent, there is a daily requirement to notify dispatch on one’s availability to work unless otherwise directed by a Supervisor. Employees who are absent more than one (1) consecutive day shall contact the dispatch office during business hours of their availability regarding attendance the following day; however, if it is not possible to make the contact during business hours, the employee may utilize the district’s designated voice mail number for such purpose.

ARTICLE X HEALTH AND WELFARE 10.1 The Employer and the Union agree Article X, benefits provided, and eligibility shall

be in compliance with applicable Washington State Law(s) related to healthcare benefits for School Employees as established by the School Employee Benefits Board (SEBB) and as administered by the Washington State Healthcare Authority (HCA) and/or similar statewide jurisdictions.

10.2 Other Insurance Programs - The Employer shall participate in other insurance

programs as required by law, e.g., Workers' Compensation and Unemployment Compensation.

10.3 Retirement Program - Any employee employed prior to October 1, 1977, working

at least seventy (70) hours per month shall by law be a member of the Washington Public Employees Retirement System (PERS) Plan One. Any employee working at least seventy (70) hours per month, entering employment on or after October 1, 1977, shall by law be a member of the School Employees Retirement System, Plan Two or Three. The Employer shall provide each new employee information concerning PERS or SERS membership benefits.


10.4 Employer Benefits Committee - The Employer shall provide opportunities for employee groups to communicate on insurance matters with representation on the Employer Benefits Committee.

10.5 Tax Deferred Annuities - The Board of Directors for the Employer shall provide and

pay for such tax deferred annuities pursuant to RCW 28A.400.250 as the Union shall request and the Board of Directors shall authorize. Payment for said annuities shall be at the option of the employee and deducted from the monthly salary as authorized by the individual employee.

10.6 VEBA - The Employer and Union will participate annually subject to a vote of the

employees in the Voluntary Employee Benefit Account (VEBA) for eligible employees retiring or separating from service between September 1 and August 31 of each year.

10.7 Deferred Compensation Plan - In accordance with the provisions of RCW

41.50.030 (2), 41.50.088 (2), 41.50.770, and 41.50.780, and as provided in Section 457 of the Internal Revenue Service Code, the Board of Directors has established through the State of Washington, a Deferred Compensation Plan (DCP). The DCP is a supplemental retirement plan that offers employees control and flexibility over their individual investments while reducing taxable income. The plan provides an option to the employee to invest income from their monthly salary on a pre-tax basis in an amount authorized by the individual employee. The Department of Retirement Systems administers the plan.

ARTICLE XI MISCELLANEOUS 11.9 Amongst those Employer owned vehicles other than school buses, there shall be

no more than fifteen (15) vans utilized for field trips or extra curricular trips.

Footnote: 12 to 15 because of the addition of Innovation Lab High School ARTICLE XVII DURATION 17.1 This Agreement shall be effective on September 01, 2017 until August 31, 2021,

and shall remain in full force and effect from year-to-year thereafter unless either party to this Agreement serves notice as provided herein.

PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters

NORTHSHORE SCHOOL DISTRICT NO. 417

By

By

Scott A. Sullivan Secretary-Treasurer

Dr. Michelle Reid Superintendent on behalf of the Board of Directors

Date

Date


12/14/2020 12/14/2020

APPENDIX "A"

to the A G R E E M E N T

by and between NORTHSHORE SCHOOL DISTRICT NO. 417

and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS

LOCAL UNION NO. 763

September 01, 2017 through August 31, 2020 (Extended through August 31, 2021)

THIS APPENDIX is supplemental to the AGREEMENT by and between NORTHSHORE SCHOOL DISTRICT NO. 417, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 The following constitutes those wages to be paid for work performed by employees

and substitutes while in the continuous employment in the Transportation Department of the Employer effective as of September 01, 2020, which represents a twelve percent (12%) increase to the hourly rates of pay in effect September 01, 2019:

Step 1 1st – 5th year employees $29.12 Step 2 6th - 11th year employees $30.32 Step 3 12th – 17th year employees $30.93 Step 4 18th year and above employees $31.60

*McKinney-Vento drivers shall be paid eighty-five percent (85%) of the wage scale

above.



By

By



Date

Date


12/14/2020 12/14/2020

APPENDIX "B"

to the A G R E E M E N T

by and between NORTHSHORE SCHOOL DISTRICT NO. 417

and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS

LOCAL UNION NO. 763

September 01, 2017 through August 31, 2020 (Extended through August 31, 2021)

THIS APPENDIX is supplemental to the AGREEMENT by and between NORTHSHORE SCHOOL DISTRICT NO. 417, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE-CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. B.3.2 The starting and quitting time of an A.M/P.M. route may be changed by no more

than thirty (30) minutes in its entirety. Optional route starting and quitting times may be changed by no more than thirty (30) minutes total. During the 2020-2021 school year, the Parties agree there may be an operational necessity to change the starting and quitting time of an A.M/P.M route by up to sixty (60) minutes in its entirety and optional routes in total up to sixty (60) minutes. In the event this becomes necessary, the District will discuss the operational necessity and specific reasons why time changes in excess of thirty (30) minutes are the solution with Union and its Shop Stewards with as much advance notice as reasonable practicable.



By

By



Date

Date


12/14/2020 12/14/2020

Memorandum of Understanding By and Between

The Northshore School District No. 417 and

Teamsters Local Union No. 763 (Representing Bus Drivers and McKinney-Vento Drivers)

Agreement Regarding Terms of Employment and

Delivery of District Services Impacted by the COVID-19 Crisis

The District and Teamsters Local Union No. 763, representing Bus Drivers and McKinney-Vento Drivers, agree upon this Memorandum amidst the COVID-19 pandemic in order to resolve questions regarding employment and District services in this unprecedented time. For the 2020-2021 school year, the Northshore School District is planning to begin the school year with a sustainable and flexible online/remote-only instructional model for students and a staged approach to reopening. The staged approach includes in-person/online hybrid models that would allow education to pivot at any time between remote, hybrid and in-person learning. These stages will be determined by the impacts of a changing health situation, available resources, and direction from OSPI, our Governor and our Health Department(s). As the public health situation continues to evolve, the District and Teamsters Local Union No. 763, representing Bus Drivers and McKinney-Vento Drivers, will continue to work together to implement these models. Our model of reopening schools, including all potential hybrid learning models, will prioritize the health and safety of our students, staff and entire district-community, positive and justice-driven educational outcomes, the social-emotional needs of students and staff, and thoughtful financial stewardship.

1. Health and Safety: District wide health and safety protocols will be designed to comply with guidance of all applicable public health agencies. Strict compliance with all relevant District safety and health rules will be an essential function of each employee’s job. Effective on the date of this MOU, the Northshore School District Health and Safety Protocols are described in the Northshore Learns 3.0 document - Appendix C.

2. Compensation: The District will endeavor to maintain employee’s minimum guaranteed

hours through the 2020-2021 school year. This commitment is based on the District’s present understanding of funding, including transportation funding. Should the District experience a significant reduction in transportation funding or other funding sources impacting employee salaries, the District may, at that time, need to make modifications to staffing including but not limited to position reduction, reduction in employee work year or hours.

3. Leaves: COVID-19 presents unique health, family, disability and staffing challenges for

the District and its employees. The following provisions are included to provide clear, objective, and practical options for the District and the employees facing those challenges. In all cases, strict compliance with all relevant District safety and health rules will be an essential function of each employee’s job.

a. Employees with COVID-19/Suspected COVID-19: Employees who have been diagnosed with COVID-19, or are experiencing symptoms of COVID-19 and are seeking a medical diagnosis, may not come to work at a District work site and may access any or all of the following benefits under the terms of the applicable collective bargaining agreement (CBA) or law:


i. Emergency Paid Sick Leave (EPSL) under the federal Families First Coronavirus Response Act (FFCRA), with supplementation up to the employee’s regular daily salary if the employee’s salary exceeds the statutory EPSL cap ($511/day) by other paid leaves identified below;

ii. Leave for illness, injury or emergency; iii. Shared leave; iv. Personal leave v. Washington Paid Family Medical Leave (PFML); vi. Worker’s compensation (Under certain circumstances, claims from health

care providers and first responders involving COVID-19 may be allowed. Other claims that meet certain criteria for exposure will be considered on a case-by-case basis.)

vii. Family Medical Leave Act (unpaid leave except for continued health insurance benefits);

viii. Unpaid leave of absence for the period of the temporary disabling condition; ix. Long-term disability benefits; and x. Unemployment benefits.

b. Employees Quarantined Due to Possible Exposure to COVID-19: Employees

who have been advised by a public health agency to quarantine at home due to possible exposure to COVID-19 may not come to work at a District work site and may access any or all of the following benefits under the terms of the applicable collective bargaining agreement (CBA) or law:

i. Alternative assignment for work/services which may be provided from home,

if available; ii. EPSL with supplementation up to the employee’s regular daily salary if the

employee’s salary exceeds the statutory EPSL cap ($511/day) by (a) paid administrative leave if the quarantine was due to reported exposure at a District work site; or (b) other paid leaves identified below if the quarantine was due to reported exposure elsewhere;

iii. Paid administrative leave if the employee has exhausted EPSL, an alternative work assignment for work/services provided at home is unavailable, and the quarantine was due to reported exposure at a District work site;

iv. Leave for illness, injury or emergency; v. Personal leave; vi. Worker’s compensation (Under certain circumstances, claims from health

care providers and first responders involving COVID-19 may be allowed. Other claims that meet certain criteria for exposure will be considered on a case-by-case basis.)

vii. Unpaid leave of absence for the period of the quarantine; and viii. Unemployment benefits.

c. Employees Caring for Someone with COVID-19/Suspected COVID-19:

Employees who are caring for an individual who is subject to quarantine because that individual has been diagnosed with COVID-19, or is experiencing symptoms of COVID-19 and is seeking a medical diagnosis, may not come to work at a District work site and may access any or all of the following benefits under the terms of the applicable collective bargaining agreement (CBA) or law:


if available;


ii. EPSL with supplementation up to the employee’s regular daily salary if the employee’s salary exceeds the statutory EPSL cap ($200/day) by other paid leaves identified below;

iii. Leave for illness, injury or emergency; iv. Shared leave; v. Personal leave; vi. Washington Paid Family Medical Leave (PFML); vii. Family Medical Leave Act (unpaid leave except for continued health insurance

benefits); viii. Unpaid leave of absence for the period of time the employee is unable to come

to work at a District work site; and ix. Unemployment benefits.

d. Higher Risk Employees: Employees who are at higher risk of severe illness or

death from COVID-19 as that term is defined by the Governor’s proclamation may choose to come to work at a District work site when required by the employee’s assignment or may choose to access any or all of the following benefits under the terms of the applicable collective bargaining agreement (CBA) or law:



employee’s salary exceeds the statutory EPSL cap ($511/day) by other paid leaves identified below;

iii. Leave for illness, injury or emergency; iv. Personal leave; v. Unemployment benefits.

e. Higher Risk Individual in the Employee’s Household: Employees who

themselves are not at higher risk but have someone in the household who is at higher risk of severe illness or death from COVID-19 as that term is defined by the Governor’s proclamation may choose to come to work at a District work site when required by the employee’s assignment or may choose to access any or all of the following benefits under the terms of the applicable collective bargaining agreement (CBA) or law:



employee’s salary exceeds the statutory EPSL cap ($200/day) by other paid leaves identified below;

iii. Leave for illness, injury or emergency; iv. Personal leave;

f. Employees with Children Impacted by School Closure: An employee who must

care for the employee’s child because of a school closure or unavailability of the care provider due to COVID-19 precautions may choose to come to work at a District work site when required by the employee’s assignment or may choose to access any or all of the following benefits under the terms of the applicable collective bargaining agreement (CBA) or law:


if available;


ii. EPSL with possible supplementation up to the employee’s regular daily salary if the employee’s salary exceeds the statutory EPSL cap ($200/day) by other paid leaves identified below;

iii. Emergency Family and Medical Leave (EFML) under the FFCRA (partially unpaid, and partially paid at 2/3 regular wages up to a maximum of $200/day) with possible supplementation up to the employee’s regular daily salary by other paid leaves identified below;

iv. Leave for illness, injury or emergency; or v. Personal leave;

The District will seek community partners to provide child care options to employees.

g. Employees Who Cannot Wear a Face Covering or Other Required PPE:

An employee whose assignment requires work at a District work site and who cannot wear personal protective equipment (PPE) required for the employee’s assignment, including but not limited to a face covering, may choose to access any or all of the following benefits upon presentation of appropriate documentation from the employee’s health care provider and under the terms of the applicable collective bargaining agreement (CBA) or law:

i. Alternative assignment for work/services which may be provided from home, if available;

ii. Leave for illness, injury or emergency; iii. Personal leave; and iv. Other accommodations identified through the interactive process of the

Americans with Disabilities Act (ADA) and the Washington Law Against Discrimination (WLAD).

h. Employees Who Choose to Not Wear a Face Covering or Other Required

PPE: An employee whose assignment requires work at a District work site and who does not have a documented inability to wear PPE required for the employee’s assignment, including but not limited to a face covering, but nevertheless does not wish to do so, may choose to access any or all of the following benefits under the terms of the applicable collective bargaining agreement (CBA) or law:

i. Personal leave; and ii. Unpaid leave of absence for the 2020-2021 school year.

i. Employees Who Otherwise Choose to Not Work at a District Work Site Due

to Concern for Safety: An employee whose assignment requires work at a District work site and who does not fit within the conditions of paragraphs a-h above, may choose to access any or all of the following benefits under the terms of the applicable collective bargaining agreement (CBA) or law:

i. Personal leave; and ii. Unpaid leave of absence for the 2020-2021 school year.

Employees who allege their workplace is unsafe are encouraged to immediately report their concerns to their supervisor and/or the workplace safety committee. Such employees may in limited circumstances also have recourse through the Department of Labor & Industries under WAC 296-360-150.


j. Alternative Work Assignments Provision One: When an employee’s

assignment requires work/services at a District work site and the employee cannot, or chooses to not, work at a District work site, the District will attempt to accommodate these circumstances by assigning the employee to available work that can be provided remotely from home on the condition that the employee is qualified, prepared and willing to provide such services. When choosing from among multiple employees for the same available assignment, the District will prioritize employees in the following order:

i. Employees who hold the appropriate training, licensing, endorsement or other qualifications for the position;

ii. Employees quarantined due to possible exposure to COVID-19; iii. Employees caring for someone with COVID-19/suspected COVID-19; iv. Higher risk employees or employees with a higher risk individual in the

employee’s household; v. Employees with children impacted by school closure; vi. Employees who cannot wear a mask or other required PPE; vii. Employees who choose to not work at a district work site due to concern for

safety; and

If two or more employees have equal priority under the conditions above, the District will use District seniority to make the assignment.

k. Alternative Work Assignments Provision Two: To maximize the District’s

options for meeting the educational, social and emotional needs of students in the unusual circumstances of the 2020-2021 school year, the following limited opportunity for temporary reassignment of employees will be followed:

i. An employee may be temporarily assigned to provide services outside the employee’s normal job description if work within the employee’s job description is unavailable due to the temporary closure of school facilities;

ii. Such employee may only be assigned to perform work for which the employee is appropriately trained, licensed (if applicable) and prepared to perform;

iii. Such assignment shall not, without the employee’s agreement, exceed the hours normally assigned to such employee;

iv. Such employee shall be paid the hours, wages and benefits the employee would receive from the employee’s normal assignment; Such employee’s temporary assignment may not result in displacing any other employee performing services within their regular job description;

v. Such employees shall not be assigned job duties associated with job classifications with a higher rate of pay than the employee’s rate of pay;

vi. Such temporary assignments may, with advance notice to the Union, include a reassignment of employees (a) to work within the jurisdiction of another bargaining unit, or (b) from other bargaining units to work residing within the jurisdiction of this bargaining unit; provided, the other bargaining unit agrees to similar provisions, and further provided that union dues, if any, paid by the employee will continue to be paid to the representative of the employee’s original bargaining unit;

vii. The temporarily reassigned employee retains a right to return to the employee’s original assignment upon resumption of normal school operations, subject to existing contract rights of the District to reduce the workforce and/or reassign employees within the same bargaining unit; and


viii. This provision applies exclusively to the assignments and job duties of Teamsters Local Union No. 763, represented Bus Drivers and McKinney-Vento Drivers employees, unless agreed to by other bargaining units. Teamsters Local Union No. 763, represented Bus Drivers and McKinney-Vento Drivers employees will not be assigned job duties performed by job classifications in other bargaining units without the agreement of any affected bargaining unit(s).

l. Possible Limitation: All the contractual, insurance and statutory leave benefits

referenced above have specific rules or external agencies that govern their application, and the terms of this agreement will be interpreted consistent with those rules and agencies. Some of the leave entitlements may require documentation from a health care provider. The leave entitlements within the FFCRA (both EPSLA and EFMLA) currently expire December 31, 2020, and the parties agree to meet prior to that date to reconsider whether the leave entitlements above will be amended. The governor’s order regarding “higher risk employees” currently is in effect until the state of emergency has ended. The parties also agree to meet and review any necessary changes to this agreement if or when the legal-applicable definitions of “high risk employees changes or expires.

4. Evaluation: The District shall engage in evaluations for Teamsters Local Union No. 763,

represented Bus Drivers and McKinney-Vento Drivers employees pursuant to the collective bargaining agreement.

5. Communication: The district will continue to provide updates regarding

recommendations from appropriate Public Health – Seattle & King County and Public Health – Snohomish agencies and the Office of the Superintendent of Public Instruction related to school operations and appropriate measures under way to minimize the spread of the virus. The parties shall meet to discuss working conditions prior to schools reopening.

6. Effective Dates: This MOU shall be in effect for the 2020-2021 school year and shall

sunset on the last instructional day of the school year, or at such time it is determined to be safe to bring all students and staff back for in-person instruction. All other provisions of the collective bargaining agreement shall remain in full effect. This MOU is not precedent-setting and is intended to address the specific and unprecedented health emergency presented by COVID-19.



By

By



Date

Date


12/14/2020 12/14/2020

letter of agreement

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