MichIgan State UnlversttYLABOR AND fNDUSTRI~'

REL ATlnNS LIBRARY'

MARQUETTE AREA PUBLICSCHOOLS

AND

MESPA UNIT II

Master Agreement

2000~2005

.k •J -.

MESPA UNIT IIand

MARQUETTE AREA PUBLIC SCHOOLS

Master Agreement2000-2005

TABLE OF CONTENTS

ASSOCIATION' RIGHTS AND RESPONSIBILITIES .. 2

AGENCY SHOP; DEDUCTION OF DUES AND SERVICE FEES;PAYROLL DEDUCTIONS 4

. 13

WORK DUTIES AND COMPENSATION ..

9

7

2

1

23

16

. 22

. 21

. 18

. . 25

..............

LEAVES OF ABSENCE .

HOLIDAYS ..

VACATIONS .

REDUCTION IN PERSONNEL/ LAYOFF/ AND RECALL ..

VACANCIES/ TRANSFERS/ AND PROMOTIONS ..

SENIORITY

WORKING CONDITIONS ..

EMPLOYEES' RIGHTS AND RESPONSIBILITIES ...

BOARD RIGHTS ..

RECOGNITIONARTICLE I

ARTICLE II

ARTICLE III

ARTICLE IV

ARTICLE V

ARTICLE VI

ARTICLE VII

ARTICLE VIII

ARTICLE IX

ARTICLE X

ARTICLE XI

ARTICLE XII

ARTICLE XIIISection 1 - Paid Leaves

A. Sick Leave .... 25

B. Funeral/Bereavement Leave .. . . 26

C . Personal Leave .. . 26

D . Maternity Leave ... . 27

E. Sick Leave Freeze. 27

F. Jury Duty. 27

G. Witness Leave. 28

H. Lice, Scabies or Pinkeye Leave .. 28

MAPS/ME SPA II - 2000/2005 - i --I '.

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section 2 - Unpaid Leaves

A. General Leave ....

C. Maternity Leave without Accumulated Sick Days .

D. Family and Medical Leave Act .....

E. Association Leave ..

F. Discretionary Leave .

RETIREMENT, DISABILITY AND DEATH BENEFITS .

INSURANCE .

section I-Health and Hospitalization Insurance .

Section 2-MESSA PAK Plan Summary .

Section 3-National Health Program ..

Section 4-Discretionary Fringe Benefit Extension .

Section 5-Termination of Benefits ..

Section 6-0pen Enrollment .

GRIEVANCE PROCEDURE .....

NEGOTIATIONS PROCEDURES ..

EVALUATION .

DISCIPLINE, DEMOTION AND DISCHARGE .

BARGAINING UNIT MEMBER ASSISTANCE ..

MISCELLANEOUS PROVISIONS ..

DURATION OF AGREEMENT ..

ARTICLE XIV

ARTICLE XV

ARTICLE XVI

ARTICLE XVII

ARTICLE XVIII

ARTICLE XIX

ARTICLE XX

ARTICLE XXI

ARTICLE XXII

B. Workers' Compensation Leave ..

. 28

. 28

. 29

. 29

29

. 30

. 30

. 31

. 31

. 31

. 32

. 32

. 32

. 32

. 32

. 36

. 36

. 37

. 39

. 39

42

APPENDIX A

APPENDIX B

APPENDICES

MESPA II CLASSIFICATIONS AND WAGE SCHEDULE .

GRIEVANCE REPORT FORM .

. 44

47

MAPS/ME SPA II - 2000/2005 - ii -

ARTICLE I - RECOGNITION

Section 1

The Board hereby recognizes the Michigan Education SupportPersonnel Association (MESPA II) as the sole and exclusiverepresentative for the purposes of collective bargaining withrespect to rates of pay, wages, hours of employment, and otherconditions of employment for the MESPA II bargaining unit. TheMESPA II bargaining unit shall consist of:

All full-time and regularly scheduled part-time office andclerical employees, instructional program aides, teacheraides, special education aides, hall monitor aides, and noonsupervisors; including those on leave, on a per diem,hourly, or class rate basis, and personnel assigned to newlycreated positions which are not supervisory, confidentialand/or administrative in nature. -

Section 2

The use of masculine pronouns refers to both male and femaleemployees in this bargaining unit.

Section 3

Employment Defined:

A. Full Time: An employee who is employed at least thirty (30)hours per week.

B. Part Time: An employee who is employed less than thirty(30) hours per week.

C. Probationary: An employee who would otherwise qualify as aFull Time or Part Time employee who has not yet completedtheir probationary period. (See Seniority article.)

D. Substitute: An employee who is employed to fill positionsof Full Time, Part Time, or probationary employees whilesuch bargaining unit members are away from work or personswho are hired for a limited period [the Association to benotified in writing if such limited period is expected toextend beyond twenty (20) days actually worked, and if so,the project upon which such individuals are employed] .Substitutes are not bargaining unit members and except forthis sub-section are not covered by the provisions of thisAgreement.

Section 4

A. Days as used in this Agreement refers to working days,Monday through Friday excluding the holidays recognized bythis Agreement, unless otherwise noted.

t

MAPS/MESPA II - 2000/2005 - 1 -

" J.

B. "Employer" or "Board" as used in this Agreement means theMarquette Area Public Schools District.

ARTICLE II - BOARD RIGHTS

Section 1The Board, on its own behalf, and on behalf of the electors ofthe District hereby retains and reserves unto itself, withoutlimitation, all powers, rights, authority, duties, andresponsibilities conferred upon and vested in it, or permitted,by the laws and the Constitution of the State of Michigan and ofthe United States including, but without limiting the generalityof the foregoing, the right:A. To the executive management and administrative control of

the school system and its properties and facilities and theactivities of its employees;

B. To hire all employees and, subject to the provisions of law,to determine their qualifications and the conditions fortheir continued employment, or their dismissal or demotion;to promote and transfer all such employees; and toestablish, amend and enforce policies, and work rules,including but not limited to rules concerning discipline andconcerning possession or use of alcohol, drugs or othercontrolled substances.

C. To decide upon the means and methods of work;

D. To determine schedules and hours of work, and the duties,responsibilities, and assignments of employees with respectthereto.

Section 2The exercise of the foregoing powers, rights, authority, duties,and responsibilities by the Board, the adoption of policies,rules, regulations, and practices in furtherance thereof, and theuse of judgment and discretion in connection therewith shall belimited only by the specific and express terms of this Agreementand then only to the extent such specific and express termshereof are in conformance with the Constitution and the laws ofthe State of Michigan, and the Constitution and laws of theUnited States.

ARTICLE III - ASSOCIATION RIGHTS AND RESPONSIBILITIES

The Association shall have, in addition to other rights expresslyset forth or provided by statute, the following rights:

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A. Special conferences for important matters will be arrangedbetween the Association President and the designatedrepresentative of the Employer upon request of either party.Such meetings will normally be between at least two (2)representatives of each of the parties and will be held atmutually agreeable times and places. Should the Employerrequire such meetings to be during participating bargainingunit members' normal scheduled hours, such members will bereleased for the purpose of attending such conferenceswithout loss of pay.

B. The Association shall be provided with bulletin boards forthe purpose of posting Association materials. Thesebulletin boards will be designated by building principals.The Association shall also have the right to use the schoolmails to distribute Association material upon thenotification of the building principal. No political matteror advertising of any kind will be so posted or distributed.

C. The Association shall have the right to use schoolfacilities for meetings as long as the intended use does notinterfere or conflict unduly with regular school functions.

D. The Association shall have the right to use schoolequipment, including typewriters, other duplicatingequipment, calculating machines, and all types of audio-visual equipment upon first notifying the buildingprincipals when the equipment is not otherwise in use.

E. The Association shall pay for the cost of all materials andsupplies incidental to such use and shall be responsible forproper operation and care of all such equipment.

F. Duly authorized representatives of the Association orrepresentatives of the state and national levels shall bepermitted to transact official Association business onschool property provided that this shall not interfere withnor interrupt normal school operations.

G. The Association shall have the opportunity to discuss uponrequest any new or modified fiscal budgetary policy.

H. Each year of this Agreement the Association shall becredited with a total of twenty (20) days to be used by theofficers or agents of the Association. Days not used duringone year may be carried over to the following year (but maynot be carried beyond the term of this Agreement). Use ofAssociation days is at the discretion of the Association asprovided herein.

1. The Association agrees to notify the Board no less thanforty-eight (48) hours in advance of taking such leave.

2. The Association and the Board will alternate payment ofa substitute employee. The Association will indemnifythe Board for any even numbered days.

&

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3. Any employee scheduled to work on such leave shallreceive full pay for such day. This pay is not toinclude any overtime the employee may have beenscheduled to work.

I. The duties of any bargaining unit member or theresponsibilities of any position in the bargaining unitshall not be transferred to individuals employed bythe District not covered by this Agreement.

J. The Employer agrees that supervisors or other non-unitindividuals employed by the District shall not be used atany time to displace employees regularly employed in thebargaining unit except in emergencies or when Associationemployees are not readily available. It is understood anearnest effort will be made by the District to obtainbargaining unit employees for such work prior to use ofDistrict employees who are not members of the bargainingunit.

K. The Employer agrees to furnish to the Association availableinformation concerning the financial resources of the .District, together with information which may be necessaryfor the Association to process any grievance or complaintwithin ten (10) working days.

L. The Employer shall inform all new employees that the paymentof dues or the service fee is a condition of employment.Within ten (10) working days the Employer shall notify theAssociation of said hire in 'writing which includes rate ofpay, step, date of hire, and position.

ARTICLE IV - AGENCY SHOP; DEDUCTION OF DUES ANDSERVICE FEES; PAYROLL DEDUCTIONS

Section 1 - Aqencv Shop.; Deduction of Dues and Service Fees

A. Aqencv Shop. In accordance ,with the terms of this Article,each bargaining unit member within 30 days of employmentshall, as a condition of .employment, join the Association orpay a Service Fee to the A$pociation.

C. Service Fee Pavers. Bargaining unit members not joining theAssociation shall pay a Service Fee to the Association asdetermined in accordance with the MEA Policy and ProceduresRegarding Objections to Political-Ideological Expenditures,to the extent required by law. The remedies set forth in

B. Association Members. Bargaining unit members joining theAssociation shall pay dues to the Association in accordancewith its policies and procedures.

MAPS/MESPA 11 - 2000/2005 - 4 -

such MEA policy shall be exclusive, and unless and until theprocedures set forth therein have been availed of andexhausted all other administrative and judicial proceduresshall be barred, to the extent legally permissible.

D. Non-Payment of Dues or Service Fees. If a bargaining unitmember does not pay the appropriate amount of dues orservice fees to the Association, upon written notificationby the Association the Employer shall deduct that amountfrom the bargaining unit member's wages and remit same tothe Association.

E. Termination of Employment. Should the bargaining unitmember be legally obligated to pay such Service Fee but failto pay such fee, and should such involuntary payrolldeduction be legally disallowed, the Employer shall, at thewritten request of the Association, terminate employment ofsuch member (to the extent legally permitted) within thirty(30) days of receiving the notification by the Association.The parties agree that the failure of any bargaining unitmember to comply with the provisions of this Article is justcause for termination of employment.

F. Termination Procedure. The procedure in all cases oftermination of employment for violation of this Articleshall be as follows:

1. The Association shall notify th~ employee of non-compliance by certified mail, return receipt requested.Such notice shall detail the non-compliance, provide atleast ten (10) days for compliance, and advise therecipient that a request for termination of employmentmay be filed with the Board should they fail to comply.

2. If the bargaining unit member fails to comply, theAssociation may file a request for termination of the.bargaining unit member's employment with the Board.

3. Following receipt of such request for termination theBoard shall, at the written request of the employee,conduct a hearing to determine whether the employee haspaid the Service Fee to the extent legally required.

4. In the event of legal compliance at any time prior totermination of employment, the request for terminationwill be withdrawn.

G. Payroll Deduction. Upon written authorization by abargaining unit member, or pursuant to paragraph D, theEmployer will deduct the appropriate amount of the dues orthe Service Fee from the bargaining unit member's wages.The deductions will be made in equal amounts from thepaychecks of the bargaining unit member beginning with the

MAPS/ME SPA II - 2000/2005 - 5 -

first payroll prepared following receipt of the writtenauthorization from the bargaining unit member, ornotification by the Association pursuant to Paragraph D, andcontinuing through the last pay period in June of each year.Money so deducted will be transmitted to the treasurer ofthe Michigan Education Support Personnel Association (MESPAII), or its designee, no later than ten (10) days followingeach deduction.

H. Indemnification. The Association shall indemnify theDistrict, the Board, individual school board members, andemployees, and hold them harmless, against any and allsuits, claims, demands and liabilities, including reasonableattorney fees, that shall arise out of or by reason of anyaction that shall be taken by the District for the purposeof complying with the foregoing provisions of this Article,or in reliance on any list, notice or assignment which shallhave been furnished to the District under any of suchprovisions, provided such damages have not resulted from thesole negligence, misfeasance or malfeasance of the Districtor its agents. The Association shall have the right tochoose legal counsel to defend any such suit or action, andshall have the right, after consultation with the District,to decide whether to defend any such action, whether tocompromise or settle any such action, and whether to appeala decision of any court or other tribunal regarding suchsuit or action.

Section 2 - Payroll DeductionsA. Upon appropriate written authorization from the bargaining

unit members, the Employer shall, to the extent permitted bylaw, deduct from the salary of any such bargaining unitmember and make appropriate remittance for annuities, creditunion, savings bonds, charitable donations, MEA-PACjNEA-PACcontributions or any other plans or programs jointlyapproved by the Association and the Employer provided thatthere are at least ten (10) employees authorizing suchdeductions to the particular organization involved.

B. These deductions shall be made every payday (on which theemployee is paid) once the authorization is delivered to thebusiness office. Except in unusual circumstances,bargaining unit members shall not be permitted to make morethan two (2) changes per year total for such deductions.

Section 3 - Period of EnrollmentThe Association shall present to the Board authorizations fordeduction by the second Friday of the school year.

Section 4The Board shall not be liable for any errors or losses In theadministering of this Article.

MAPS/ME SPA II - 2000/2005 - 6 -

Section 5The Board will notify the Association of any changes in thestatus of an employee as it affects their dues deductions.

ARTICLE V - EMPLOYEES' RIGHTS AND RESPONSIBILITIES

Section 1Pursuant to the Michigan Employment Relations Act, the Employeragrees that employees shall have the right freely to organize,join, and support the Association for the purpose of engaging incollective bargaining or negotiations. As a duly elected body,exercising governmental power under laws of the State ofMichigan, the Employer undertakes and agrees that it will notdirectly or indirectly discourage or deprive or coerce employeesin the enjoyment of any rights conferred by the Act or other lawsof Michigan or the Constitutions of Michigan and the UnitedStates of America, and that it will not unlawfully discriminateagainst employees with respect to hours, wages, or any terms or.conditions of employment due to membership in, or activities onbehalf of, the Association.

Section 2Nothing contained within this Agreement shall be construed todeny or restrict to any employee rights he may have under theMichigan General School Laws or the applicable laws andregulations.

Section 3

The employees shall be entitled to full rights of citizenship andno personal religious or political activities of any employee orthe lack thereof shall be grounds for any discipline ordiscrimination with respect to the employment of such employee.The private and personal life of any employee is not within theappropriate concern or attention of the Employer unless itaffects or impacts upon the Employer, the Employer/employeerelationship, or the employee's overall activity to perform hisjob; i.e., criminal activity, etc.

Section 4 - Barqaininq Unit Member Self-Imorovement

A. The Board shall provide in-service training to part-time andfull-time employees. Employees shall be paid for such timespent in in-service training.

B. Mandatory classes held after the regular work day will becompensated at the rate of time-and-one-half (1-1/2) forthose who qualify for overtime.

MAPS/ME SPA II - 2000/2005 - 7 -

C. Any bargaining unit member who enrolls in and successfullycompletes a course related to his/her responsibilities, atan accredited college or university approved by theEmployer, shall receive full reimbursement from the Employerfor tuition, books, and supplies. To receive reimbursement,the course must be approved in advance by the Employer.

Section 5Any case of assault upon an employee that is job related shall bepromptly reported to the Employer. The Employer within the legallimits of its liability insurance will provide the employee withlegal counsel of the Employer's choosing to advise the employeeof his rights and obligations with respect to such assaults andshall promptly render all reasonable assistance to the employeein connection with the handling of the incident by lawenforcement and judicial authorities. Necessary time off workwill be considered worker's compensation.

section 6A. It is the individual employee's responsibility to notify

their immediate supervisor of the intended absence as soonas the need becomes apparent. Whenever possible, theemployee shall notify their immediate supervisor the nightprior to the absence and, at the very latest, one hourbefore the employee is scheduled to work. When continued orextended illness occurs, or otherwise upon the reasonablerequest of the Administration, it is the employee'sresponsibility to provide their immediate supervisor withinformation about the length of their absence, and theprobable date of return, and to provide such additionalinformation to the Human Resources Office as may berequired. Without limitation on other possible disciplinaryaction, any employee failing to fulfill the requirements ofthis paragraph will not be compensated for the absence inquestion, even if it would otherwise qualify as paid leaye,unless excused in writing by the Superintendent.

B. In order to qualify for sick leave the employee may berequired to furnish Medical Certification: (i) forcontinued or extended illness of more than three (3) days,(ii) where the employee has accumulated three (3) sick leaveoccurrences in the same school year (excluding occurrencesfor which the employee has furnished either a doctor's slipconfirming the employee's presence at their prescheduledappointment or other Medical Certification), or (iii) wherethe Employer has a reasonable basis for believing theemployee has given false reasons for an absence.

Section 7Employees will not leave their designated work stations duringworking hours without the consent of the building principal orregularly appointed supervisor. Failure to obtain consent prior

MAPS/ME SPA 11 - 2000/2005 - 8 -

to leaving the work station shall constitute just cause fordisciplinary action, except in emergencies. Emergencies arethose situations which jeopardize the health and/or safety of thebargaining unit member or the member's immediate family.

Section 8

In the event of emergency situations, an employee may be expectedto remain on duty as long as needed as determined by theSuperintendent or appropriate supervisor. Such employee shall bepaid at the rate of time and one-half for all time spent on dutybeyond forty (40) hours per week or eight (8) hours per day.

ARTICLE VI - WORKING CONDITIONS

Section 1 - Work Year, Work Week, Work Dav

A. The normal work year for School Term employees shall be inaccordance with the school calendar plus paid holidays. Thenormal work year for Ten Month employees shall be inaccordance with the school calendar, plus paid holidays,plus two (2) weeks before and two (2) weeks after the schoolyear. The periods prior to the start of school andfollowing the end of school may be adjusted by mutualagreement of the building principal and the affectedemployee. The normal work year for Twelve Month employeesis July 1 through June 30. This Section shall not beconstrued as a guarantee of work time.

B. Unless otherwise posted: the normal work week for allregular Full Time employees will be five (5) consecutivedays, and the normal work week for all regular Part Timeemployees will be five (5) consecutive days when classes arein session.

C. The regular working day for Full Time employees shallconsist of at least six (6) hours per day plus a duty free,unpaid lunch period of thirty (30) minutes' duration (unlessotherwise agreed with the employee). Staggered lunchperiods may be provided in buildings with more than one (1)employee in each classification.

D. All full-time employees working six (6) hours or more willbe entitled to two (2) fifteen (15) minute relief times.All employees working at least three (3) hours but less thansix (6) hours may take one (1) fifteen (15) minute relieftime.

E. Employees working four (4) or more consecutive overtimehours will be entitled to a fifteen (15) minute paid relieftime for every four (4) such hours worked.

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F. Overtime will be divided among qualified bargaining unitmembers of each classification and building as equally asreasonably possible. Overtime must be approved by theemployee's immediate supervisor and will be offered on thefollowing basis:1. The overtime will be offered to the most senior

qualified bargaining unitmember(s) in theclassification in the building. So long as there aresufficient qualified employees who are readilyavailable to perform the work, the Employer will notrequire employees to perform the work if they indicatethey prefer not to work the overtime. Should employeesbe required to work overtime, however, the Employerwill make a good faith effort to require the leastsenior available qualified employee(s) to perform thework.

2. Because it is recognized that certain positions requireknowledge and training not ordinarily required of otherpositions it is agreed that bargaining unit memberswill not be called to perform work for which they arenot qualified.

3. Nothing in this Agreement shall be construed aslimiting the Employer's right to require employees towork reasonable overtime or to require the Employer toassign employees at overtime rates when employees areavailable to work at straight time rates. However, itis understood that, where the work is a continuation ofwork then being performed by an employee, the employeewho is working in the job where the overtime arises, atthe time the overtime arises, will normally be entitledto work the overtime regardless of whether it is at theovertime or straight time rate.

G. Should an employee be absent for more than two (2) workingdays due to a planned absence or continued or extendedillness, the Employer may provide a substitute until thereturn of the regular employee. Substitutes will not beprovided during days when school is not in session forstudents unless in the best interest of the Employer. Ifthe Employer chooses not to provide a substitute, thebargaining unit members left on the job will not be expectedto perform both their own work and the work of the absentemployee. Management shall provide the employee with apriority list of work items to be done, including thealternate supervisor to contact in case of the absence ofthe regular supervisor. The Employer under normalcircumstances will provide a sub in buildings with onesecretary.

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H. Act of God Davs

1. "Act of God Daysll as used in this section refer toscheduled days of student instruction which are notheld because of conditions not within the control ofthe school authorities.

2. When school is cancelled due to an Act of God Day,employees shall not report for work unless otherwisedirected.

3. An Act of God Day that is rescheduled shall be made upby School Term and Ten Month employees and they will bepaid when they perform such work.

4. When school has been cancelled due to an Act of God Daywhich will not be rescheduled, School Term, Ten Monthand Twelve Month employees who would have worked onsuch Act of God Day will (to the extent not otherwisepaid) receive pay for two (2) such unworked days basedupon the hours they would have worked on such Act ofGod Day (provided the State of Michigan has countedsuch days as days of pupil instruction which need notbe made up) .

5. School Term and Ten Month employees on the job at thetime the public announcements are made will be releasedfrom their assignments by their immediate supervisorand will be paid for the time they actually work thatday (in addition to pay as provided in paragraph 4above for days not to be rescheduled). Release willnormally be no later than one (1) hour after thestudents have left their respective buildings.

6 . a. Twelve Month employees on the job at the time thepublic announcements are made may be released fromtheir assignments by their immediate supervisor.When directed by their immediate supervisor,Twelve Month employees shall report to work (orremain at work) on Act of God Days that are not tobe rescheduled. Such employees will be paid forthe day as provided in paragraph 4 above, and willreceive Compensatory Time Off (one hour ofCompensatory Time Off for each hour actuallyworked), such Compensatory Time Off to be taken(other than as provided in subsection b. below)

between the end of the school year and the startof the week prior to the following school year.

b. Twelve Month employees who would have worked on aday that school has been cancelled due to an Actof God Day which will be rescheduled may either

MAPS/MESPA I I - 2000/2005 - 11 -

J.

report to work (or remain at work) on such Act ofGod Day, and be paid for such work, or elect notto work that day and take vacation, CompensatoryTime Off or paid leave time for which they areotherwise eligible.

Section 2 - Workinq ConditionsA. In accordance with the Tobacco-Free Schools Law, the

Marquette Area Public Schools' buildings, grounds andvehicles shall be tobacco free. In accordance with suchlaw, employees shall not use tobacco products at any time inany building, facility or structure owned, leased orotherwise controlled by the District, other than outdoorareas after 6:00 p.m. on days during which there areregularly scheduled school hours, or on Saturdays, Sundaysand other days on which there are no regularly scheduledschool hours. Employees shall not use tobacco products whenthey are working with students on school related matters, orsupervising student activities, on or off school property.

B. In the absence of a building supervisor or designee,employees shall not be held accountable or made responsiblefor the administration or supervision of the building.

C. The Employer shall provide designated rest areas, lounges,and restrooms for employee use.

D. The Employer shall support and assist employees with respectto the maintenance of control and discipline of students inthe employees' assigned work area. The Employer or itsdesignated representative shall take reasonable steps torelieve the employee of responsibilities in respect tostudents who are disruptive or repeatedly violate rules andregulations, provided the employee has followed appropriateprocedures as stated in the Marquette Area Public SchoolsDiscipline Regulations. The Employer will work with theUnion to provide continuous training in this area.

E. 1. For the purposes of this section a "condition ofemployment" is defined as a condition which has beenapplied District-wide within a classification or theclassifications included in this Agreement, and theEmployer and Association must have known of suchcondition and either agreed or acquiesced with suchcondition of employment.

2. If within the life of this Agreement the Employer orAssociation seek a change in a "condition ofemployment" as defined in this section, or if theAssociation believes such a change has been made by theEmployer, the parties agree to meet in an effort toreach a mutually acceptable resolution.

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F. In accordance with the Michigan School Code provisionsconcerning corporal punishment, employees shall not inflictor cause to be inflicted corporal punishment upon any pupil.Employees may, however, use reasonable physical force upon apupil as necessary to maintain order and control inaccordance with law and District policy.

G. The Employer shall provide without cost to the employee thefollowing:1. Approved first aid kits and materials in designated

areas. The Board will provide a lockable container,cabinet or other space for medications.

2. Adequate and approved safety equipment as required bystate and federal safety rules and regulations.

3. Reimbursement for the renewal of a required chauffeur'slicense after the first year of employment.

ARTICLE VII - VACANCIES, TRANSFERS, AND PROMOTIONS

Section 1 - Vacancies

A. A vacancy is defined for purposes of this Agreement as anewly created bargaining unit position, or a bargaining unitposition vacant because of transfer, promotion, retirement,resignation or discharge, that the District determinesrequires filling. (The Association will be notified, inwriting, if the position has been eliminated.)

B. All vacancies shall be posted in all buildings for a periodof ten (10) work days. Notices will be sent to allbuildings the same day. A copy of the posting will beprovided to the Association by the first day of the posting.Said posting shall state that it is a MESPA II bargainingposition and shall contain the following information:

1. Type of work2. Location of work3. Starting date4. Rate of pay5. Hours to be worked6. Classification7. Minimum requirements

Interested employees may apply in writing within the ten(10) day posting period.

C. vacancies shall be filled as follows:

1. Vacancies will be filled on the basis of seniority,qualificationsl skill and ability. While applications

MAPS/ME SPA II - 2000/2005 - 13 -

from external applicants may be solicited at the sametime, bargaining unit applicants will be consideredprior to hiring from the outside. Unless the Employercan establish that one of the applicants has greaterqualifications, skill or ability, the employee/applicant with the greatest bargaining unit senioritywill be awarded the position.

2. Any position which is vacant and not posted cannot befilled by a substitute for more than twenty (20) days.

D. 1. Employees will be considered to be on probationarystatus during the first thirty (30) days in the newposition. During that period they will be expected todemonstrate their ability to perform the duties of theposition.

2. During the probationary period the Employer willdetermine whether it believes the employee has thenecessary skill and ability to continue in theposition. If, during the probationary period, theEmployer believes the employee is unable to adequatelyperform the position, or the employee notifies theEmployer that s/he is unable to adequately perform theposition, the employee will be returned to their formerposition without loss of seniority. The employee'sformer position may be filled on a temporary basisduring the probationary period.

E. For purposes of this Article, seniority will be measured asthe length of continuous and regular employment within thebargaining unit irrespective of the classification in whichworked.

F. Within ten (10) days after expiration of the posting period,if there are successful applicants the Employer will advisethe successful applicant and the Association of theapplicant selected to fill the position. The Employer willnotify the Association if it believes there are no qualifiedbargaining unit applicants. Additionally, it shall be theresponsibility of the Employer to notify unsuccessfulbargaining unit applicants.

Section 2 - PromotionA. The District subscribes to a policy of promoting from within

the bargaining unit unless the Employer has established thata non-bargaining unit applicant has greater qualifications,skill or ability than the bargaining unit" applicant. Whileemployees are generally expected to have the necessaryqualifications, skill and ability prior to promotion, theEmployer will provide reasonable assistance for promotedemployees to familiarize them with the particular duties ofthe specific job.

MAPS/ME SPA II - 2000/2005 - 14 -

B. When the position which is being promoted lS currently heldby an employee, it shall not be posted.

Section 3 - Transfers

A. Transfers shall be defined as a reassignment to a job withinthe same job classification and not to higher or lower ratedpositions. (It is understood that the process during thesummer of assignment/placement of aides to meet program andstudent needs for the following school year shall not,however, be subject to this Section.) No transfers shall bemade where an employee may lose his/her seniority status orsuffer a decrease in hourly rates unless such transfer isrequested by the individual or for just cause. Notice oftransfer shall be given in writing to the employee and tothe Association no less than five (5) working days prior toexecution.

B. Where an employee declines a voluntary transfer, he/sheshall not be disqualified from accepting transfers in thefuture.

C. Employees will be considered to be on probationary statusfor thirty (30) days in the new position. During thatperiod they will be expected to demonstrate their ability toperform the duties of the new position. For voluntarytransfers, if the employee is not retained in the newposition they will be returned to their former positionwithout loss of seniority. Employees returned to theirformer position will be notified of the basis for suchreturn, in writing.

D. When a transfer is being considered, the Employer will meetwith the Association (and the affected employee) to discussthe reason for, and implementation of, the transfer. Unlessotherwise agreed, in the case of an involuntary transferwhere two (2) or more employees are being considered fortransfer, the least senior qualified employee will betransferred.

E. Voluntary Transfers

1. Transfers of employees are to be minimized.

2. Employees will not normally be transferred more thanonce during any school year (July through June) .

F. Involuntarv Transfers

It is understood and agreed that involuntary transfers willnot be arbitrary or capricious. Involuntary transfers mayoccur:

MAPS/ME SPA II - 2000/2005 - 15 -

1. When a district need has been identified.

2. When continued presence in the present position wouldbe injurious to the employee's health.

3. When a reduction in staffing becomes necessary within ajob classification.

4. When continued presence in the present position causesa conflict with other bargaining unit members orpersonnel that results in a deterioration of jobperformance.

ARTICLE VIII - SENIORITY

Section 1Seniority shall be measured as the length of continuous andregular employment within the bargaining unit after satisfactorycompletion of a probationary period. It is agreed that a year ofseniority shall be defined as 1020 or more hours of employment.(If the employee is paid at least 1020 straight time hours duringthe year, July 1 through June 30, they will receive one year ofseniority; if the employee is paid less than 1020 straight timehours during the year, their seniority is prorated. For example,an employee paid 510 hours during the year would accrue one-halfyear of seniority. An employee working one hour of overtime,paid at the rate of time and one-half, is considered to haveworked one straight time hour.) Seniority shall be bargainingunit wide, meaning seniority accrued in one (1) classification istransferrable to all classifications.

Section 2New employees who work more than twenty (20) hours per week willbe considered probationary employees until they have actuallyworked sixty (60) days in that classification; new employees whowork twenty (20) or less hours per week will be considered asprobationary employees until they have actually worked ninety(90) days in that classification. Seniority will- start uponsuccessful completion of the probationary period as a MESPA IIbargaining unit member but will be retroactive to the first dayof work as a probationary bargaining unit member (the "Date ofHirell). Seniority will be accumulated from the Date of Hire asprovided in section 1 above. There will be no seniority forprobationary employees. At such time as seniority will be used(such as for layoff/recall, posting for vacancies, etc.), if two(or more) employees have the same seniority, but one has anearlier Date of Hire, the employee with the earlier Date of Hirewill be considered to have greater seniority. If two (or more)employees continue to have the same seniority, all individualsaffected will participate in a drawing to determine theirrelative positions on the seniority list.

HAPS/MESPA II - 2000/2005 - 16 -

Section 3

The Employer shall prepare and maintain a seniority list whichwill include each employee's Date of Hire, seniority (ascalculated in Section 1 above) and the classification(s} in whichthey are working. There shall be one (1) seniority list on whichall employees of this unit shall be placed irrespective ofclassification. The seniority list shall be prepared and postedat a place designated by the Administration of the District bythe last day of September. Only one (1) place shall be sodesignated in each building. A copy of such, and revisions, willbe furnished to the Association President.

Section 4

The initial seniority list will be posted for thirty (30)calendar days. Any challenges are to be made during this time.At the end of this time, this list shall become permanent.Notification of challenges to said list will be made to theAssociation President and to the Human Resources Manager. Therevisions list shall be posted by October 31.

Section 5

Bargaining unit members will lose their seniority rights, andtheir employment will cease, for the following reasons:

A. Resignation or retirement.

B. Discharge for just cause. See Article XIX (Discipline,Demotion and Discharge) .

c. Failure to report to work within five (5) work days afterthe Board has notified the employee by certified mail toreturn to work after a layoff period unless the Board isnotified by certified mail of a valid reason for a longerdelay. The Board will determine if the reason is valid.

D. Absence from work for more than three (3) days withoutnotifying the Employer.

E. Layoff for a continuous period of more than three (3) yearsfor full-time employees. For less than full-time employeesone (1) year or the length of their seniority, whichever isgreater, but not to exceed three (3) years.

F. Failure to return to work as scheduled upon expiration ortermination of an approved leave of absence.

G. Exceptions to the above may be made in the discretion of theEmployer.

MAPS/MESPA II - 2000/2005 - 17 -

ARTICLE IX - REDUCTION IN PERSONNEL, LAYOFF, AND RECALL

Section 1A. Layoff shall be defined as necessary reduction in the work

force.

B. Bargaining unit members will not be laid off without atleast thirty-one (31) calendar days notice except in anemergency, or in the event of bumping, in which case theywill be given at least two (2) weeks notice wheneverreasonably possible. In the event of layoff the Employerwill first layoff probationary bargaining unit members,then the least senior bargaining unit members, as providedbelow. New employees will not be hired while there are laidoff bargaining unit members (with the necessaryqualifications, skill and ability) willing and able to filla vacant or newly created bargaining unit position.

c. Bargaining unit members whose positions have been eliminateddue to reduction in the work force or who have been affectedby a layoff/elimination of position shall assume positionsas mutually agreed by the Administration and theAssociation. The affected employees shall have input intothe decision.

D. If the Administration and Association cannot agree, so longas the remaining employees have the necessaryqualifications, skill and ability to perform all remainingwork:

1. The Employer will notify affected probationary and non-probationary bargaining unit members of the pendinglayoff.

2. The Employer will first layoff (or reduce the hoursof) probationary bargaining unit member(s) working inthe classification.

3. The Employer will thereafter layoff (or reduce thehours of) the least senior non-probationary bargainingunit member(s) working in the classification.

4. Non-probationary bargaining unit members who would belaid off (or have their hours reduced to part-time) maythereafter bump into a classification in the same (or alower paid) Class held by a bargaining unit member withless seniority. If an employee can demonstratequalifications, skill and ability to fill aclassification in a higher paid Class, the employeewill be considered for the classification. A twenty(20) day probationary period may be utilized to permitthe employee to demonstrate their ability to performthe specific duties of the position.

MAPS/ME SPA II - 2000/2005 - 18 -

5. Any bargaining unit member displaced by the bumpingprocedure set forth in subsection 4 above, and with thenecessary seniority, may similarly bump into aclassification held by a bargaining unit member withless seniority until a vacant position exists or thelast person bumped would be laid off.

E. Any bargaining unit member who has served more thanforty (40) days in a classification will be deemedqualified for any position in that classification orany lesser paid classification unless the Employer canestablish that the employee lacks the necessaryqualifications, skill and/or ability.

F. In the event of a layoff, the Employer and the Associationmay mutually agree to allow the individual bargaining unitmembers to waive their seniority rights for the purpose ofthe layoff. With the approval of the Employer and theAssociation, bargaining unit members may, at their option,without prejudice to seniority and other rights under thisAgreement, waive their seniority in the instance of theEmployer instituting a layoff during the period of thisAgreement. Such waiver, if authorized by the bargainingunit member, shall not be construed to be a waiver ofseniority or any other right under the contract includingthe bargaining unit member's right to be recalled from suchlayoff.

Section 2 - Individual Aqreement

If such an agreement is reached, the following form shall beused:

Individual Aqreement

The under~igned hereby agrees to waive his seniority forpurposes of the Marquette Area Public School District'simpending institution of a layoff under the Agreement. Thiswaiver is given, however, without prejudice to the assertionof seniority for all other purposes contained in theAgreement, including recall rights and other contractualprivileges or benefits conferred under the Agreement. Thiswaiver pertains solely to the order in which said bargainingunit member might be laid off during the period of thisAgreement.

...

Date

Date

Date

MAPS/ME SPA II - 2000/2005

Signature _(Bargaining Unit Member)

Signature _(Association Representative)

Signature _(Employer Representative)

- 19 -

•

Section 3A laid off bargaining unit member shall, upon application and athis option, be granted priority status on the substitute listaccording to his seniority. Laid off bargaining unit members maycontinue their health, dental, and life insurance benefitsaccording to carrier specifications, by paying the regularmonthly per subscriber group rate premium for such benefits tothe Employer.

Section 4A. Laid off bargaining unit members shall be recalled in order

of seniority, with the most senior member(s) recalled firstto any position in their classification for which theyqualify. In a similar manner to layoff, a non-probationarybargaining unit member with the necessary qualifications,skill and ability may elect recall into a different positionin the same Class or in a lower paid Class. To be eligiblefor such recall in a different classification the employeemust notify the Employer at the time of layoff, in writing,that they desire such recall in a different classificationshould the opportunity become available.

B. Notices of recall shall be sent by certified mail to thelast known address as shown on the Employer's records. Therecall notice shall state the time and date on which thebargaining unit member is to report back to work. It shallbe the bargaining unit member's responsibility to keep theEmployer notified as to their current mailing address. Arecalled bargaining unit member shall be given five (5)calendar days from receipt of notice, excluding Saturday,Sunday, and holidays, to report to work or confirm theywill report to work as scheduled. The Employer may fill theposition on a temporary basis until the recalled bargainingunit member can report for work. The Superintendent orAssistant to ..the Superintendent may grant a five (5) dayextension to an employee because of illness, necessarytravel time or for leaving another job. Bargaining unitmembers recalled to work (same number of hours as previouslyworked) for which they are qualified are obligated to takesaid work. A bargaining unit member who declines recall tofull-time work for which he is qualified shall forfeit hisseniority rights and benefits.

C. Bargaining unit members on layoff shall not accrue seniorityduring the period of such layoff.

Section 5

For the purpose of this Article, classifications shall be aslisted in Appendix A.

MAPS/ME SPA II - 2000/2005 - 20 -

ARTICLE X - WORK DUTIES AND COMPENSATION

Section 1

The minimum hourly rates for bargaining unit members are setforth in Appendix A (Wage Schedule) .

Section 2

Bargaining unit members shall be granted outside experiencecredit as follows:

A. Two (2) years of college in an area that is appropriate tothis bargaining unit's coverage equals one (1) step on theWage Schedule.

B. Three (3) years or more of college in an area that isappropriate to this bargaining unitls coverage equals two(2) steps of the Wage Schedule.

C. Past experience in another school district as a paidemployee in a position that is similar to the positionscovered by this unit: One (1) year experience equals one(1) step on the Wage Schedule. Two (2) or more yearsexperience equals two (2) steps on the Wage Schedule.

D. In no event shall a person be granted more than three (3)steps of credit on the Wage Schedule.

E. The Association President shall be notified when a person isbeing given outside credit on the Wage Schedule includingthe number of steps given and the specific reason for suchcredit.

Section 3

The following conditions shall apply:

A. 1. Employees will be paid their straight time hourly ratefor all time worked up to forty (40) hours per week.Time and one-half their straight time rate will be paidfor all time worked in excess of forty (40) hours perweek or in excess of eight (8) hours per day. (Forpurposes of this section, authorized paid leave hours,for which the employee would otherwise be scheduled,will be included as hours worked.) Hours actuallyworked on Sunday will be paid at time and one-half theemployee's regular straight time hourly rate.

2. To the extent hours are compensated for at overtime orpremium rates under one provision of this Agreement,they shall not be counted as hours worked indetermining overtime or premium rates under the same or

MAPS/ME SPA II - 2000/2005 - 21 -

I.

any other provision. Hours worked on a holiday, andpaid at the time and one-half rate, will accordinglynot be included as hours worked for purposes of dailyovertime. Unworked hours for which the employee wouldhave been scheduled, however, had it not been aholiday, will be treated as hours actually worked forthe purpose of calculating time worked in excess offorty (40) hours per week.

B. If a secretarial employee is directed by their supervisor tomake or receive telephone calls outside of their normal workday, they will be compensated at their applicable straighttime or overtime rate for time spent in receiving and makingsuch calls.

C. Compensatory time off at the rate of time and one-half maybe given in lieu of overtime pay if mutually agreeable tothe Employer and employee. The application of this clausewill be interpreted according to current law.

ARTICLE XI - VACATIONS

Section 1

All Twelve Month employees are entitled to a paid vacation eachyear based on their length of service and continuous employmentas of July 1 of each year.

Section 2

Twelve Month employees shall earn vacation days at the rate of5/6 days per month for the first five (5) years of employment and1 1/4 days per month beginning with the sixth (6th) year ofemployment and 1 2/3 days per month beginning with the sixteenth(16th) year.

Section 3

Employees who terminate because of illness or with a minimum often (10) working days notice will be entitled to a proratedvacation benefit.

Section 4

Vacations will be granted by the employee's supervisor at suchtimes as are suitable considering both the wishes of employee andthe efficient operation of the department concerned. Except inunusual circumstances employees shall not be permitted to takevacation the week before school starts, the week after schoolstarts, and the last week of school.

MAPS/ME SPA II - 2000/2005 - 22 -

Section 5In case of a conflict on employee requests for vacationscheduling, employees will be given preference in order ofseniority, provided this does not interfere with normaloperations. Employees will submit written vacation requests atleast ten (10) work days in advance of said request. vacationrequests shall be responded to in writing within five (5) workingdays. Exceptions may be made for good cause.

Section 6vacation time may be accumulated from year-to-year up to amaximum of twenty-five (25) work days total. Upon termination ofemployment with proper notice (but specifically excludingtermination for cause) employees will be paid for all unusedvacation time based upon their then current rate of pay.

Section 7A vacation may not be waived by an employee and extra payreceived for working during that period.

Section 8

vacation days cannot be used in advance of earning same.

Section 9Rate during vacation: Employees on vacation will be paid theircurrent rate based on their regularly scheduled days and willreceive credit for any benefits provided for in the Agreement.This current rate shall not exceed eight (8) hours pay.

Section 10A month worked is one in which an employee has worked a minimumof twelve (12) days. (For purposes of this Article only, a dayon which an employee is on approved paid leave shall beconsidered a day worked.)

ARTICLE XII - HOLIDAYS

Section 1Twelve Month employees regularly scheduled to work at least four(4) hours per day shall receive pay for the holidays listedbelow. Holiday pay will be based upon the employee's regularlyscheduled hours for the day, not to exceed eight (8) hours perday:

MAPS/ME SPA II - 2000/2005 - 23 -

1.2.3.4.5.6.7.

Independence DayLabor DayThanksgiving DayFriday after ThanksgivingChristmas Eve DayChristmas DayNew Year's Eve Day

8. New Year's Day9. Good Friday or

Easter Monday(as designated by theDistrict)

10. Memorial Day

Section 2

School Term and Ten Month employees shall receive pay for theholidays listed below. Holiday pay will be based upon theemployee's regularly scheduled hours for the day, not to exceedeight (8) hours per day.

1.2.3 .4.5.6.7.

Labor DayThanksgiving DayFriday after ThanksgivingChristmas Eve DayChristmas DayNew Year's Eve DayNew Year's Day

8 .

9 .

Good Friday orEaster Monday(as designated by theDistrict)

Memorial Day

Employees shall qualify for holidays following successfulcompletion of their probationary period.

Section 3

Employees shall receive full pay for the above holidays if theywork their scheduled work day before and their scheduled work dayafter the holiday or are on an approved leave day. Pay shall befor the regularly scheduled hours of each employee and shall notinclude overtime hours. During the school year, School Termemployees shall follow the same calendar as teachers and shallreceive a copy of the school calendar upon request.

Section 4

When state or federal statutes, laws, or regulations require thatany of the holidays designated in this Article be observed on aday other than set forth above, the holiday shall be observed onthe day or date prescribed by state or federal statute, whicheveris controlling.

Section 5

If an employee works on a holiday listed above (Section 1 forTwelve Month employees, Section 2 for School Term and Ten Monthemployees) they shall be paid time and one-half their straighttime rate for all time actually worked on the holiday in additionto the holiday pay for which they are otherwise eligible. (Forexample, an employee regularly scheduled to work four hours for

MAPS/MESPA II - 2000/2005 - 24 -

the day, but actually working six hours, would receive four hoursof holiday pay plus six hours at one and one-half times theirstraight time rate. A School Term employee working onIndependence Day would be paid one and one-half their straighttime rate for all time actually worked that day, but would beentitled to no additional holiday pay.)

Section 6

Should the paid holiday fallon a Sunday, the following Mondaywill be observed as a paid holiday. For two (2) day holidayssuch as Christmas Eve/Christmas Day and New Year's Eve/New Year'sDay, observance will be followed in this way: Both on Saturdayand Sunday, the preceding Friday and the following Monday will beobserved as paid holidays (unless school is in session on Fridayin which event the following Monday and Tuesday will be observedas paid holidays). One on Sunday and one on Monday, thepreceding Friday and that Monday will be observed as paidholidays. One on Friday and one on Saturday, that Friday and thefollowing Monday will be observed as paid holidays.

•

Example 1:

Example 2:

Christmas Eve is on Sunday and Christmas Day is onMonday. Christmas Eve will be observed for pay onthe preceding Friday; Christmas Day will beobserved for pay on that Monday.

Christmas Eve is on Friday and Christmas Day is onSaturday. Christmas Eve will be observed for payon that Friday; Christmas Day will be observed forpay on that following Monday.

ARTICLE XIII - LEAVES OF ABSENCE

Section 1 - Paid Leaves

A. Sick Leave

1. The Employer shall furnish each employee with a writtenstatement of accumulated sick leave at the beginning ofeach school year. Employees will accumulate one (1)Paid Sick Leave day for each month worked. Paid SickLeave will be accumulated and used based on hours; eachday credited will be based upon the normal daily hoursworked by the employee during the month earned (basedupon posted hours for the employee's position). Whileuse of Paid Sick Leave may be in full hour increments,scheduling (where possible) is subject to the needs ofthe District. Paid Sick Leave may accumulate to amaximum of one thousand eight hundred (1800) hours.

MAPS/ME SPA II - 2000/2005 - 25 -

2. Paid Sick Leave can be used for illness of a member ofthe employee's immediate family which shall includegrandparents, grandchildren, father, mother, spouse,parent of spouse, brother, sister, child, or any personwho lives in the immediate household. As provided inArticle XXI Section 2, the Employer may requireappropriate Medical Certification of the employee'sneed for leave due to personal illness or injury, orfor family illness/injury. Absence in excess ofaccumulated Paid Sick Leave will automatically place anemployee on unpaid General Leave.

3. Each bargaining unit member may at their discretion usetheir accumulated Paid Sick Leave, or freeze theiraccumulated Paid Sick Leave in order to receivebenefits under any compensable benefit program to theextent allowed by the carrier. If the employee freezestheir accumulated Paid Sick Leave, they may not usePaid Sick Leave for the duration of their leave (oruntil they are no longer eligible for benefits pursuantto such compensable benefit program, if earlier) .

B. Funeral/Bereavement Leave. Three (3) days' leave of absence(not to be subtracted from sick leave) with pay shall begranted for death in the immediate family to be taken at thetime of the funeral provided the employee actually attendsthe funeral. Immediate family shall include grandparents,grandchildren, father, mother, spouse, parent of spouse,brother, sister, child, or any person who lives in theimmediate household. Two (2) additional days may be grantedby the Superintendent, deducted from employee's sick leave,upon request, as needed.

c. Personal Leave.

1. Over the life of this Agreement Twelve Month, Ten Monthand School Term employees shall have two (2) days peryear for personal leave. Hours per day will be basedupon posted hours for the employee's position. Forpurposes of securing substitutes, employees are tonotify the Administration at least forty-eight (48)hours in advance to use one (1) day, five (5) days inadvance to use more than one (1) day, of their intentto use a personal leave day. During a period of two(2) days before or two (2) days after a recess, orduring the first two (2) weeks or last two (2) weeks ofthe school year, personal leave will not be allowedwithout prior approval of the employee's immediatesupervisor. Not more than 10 percent (10%) of theemployees in a classification may be granted personalleave for any given day. Not more than one (1)employee in the same classification per building willbe able to use a personal leave day for any given day.

MAPS/ME SPA II - 2000/2005** - 26 -

If the employee does not use such days, the employeeshall have the following options at the end of.theAgreement term:a. To have such days added to the employee's

accumulated sick leave; or

b. To receive compensation for each day in the amountof fifty percent (50%) of the employee's regulardaily wage to be paid the last pay day in June.

2. While eligible employees accrue two Personal Leave daysper year of the Agreement they may use such days priorto accrual (for example, they could use all six daysduring the first year of a three year Agreement, or allten days during the first year of a five yearAgreement) so long as they agree to reimburse theDistrict, by payroll deduction or otherwise, for anysuch days used but not accrued as of the date oftermination of their employment. If other arrangementsacceptable to the District have not been made, andwithout restriction on the District's right to collectany amount not paid in full, any amount owing at thetime of termination of employment may be withheld bythe District through payroll deduction.

D. Maternity Leave

1. Upon a doctor's certification, a pregnant employee mayuse accumulated paid sick leave for childbirth andrecovery. This time shall be certified by theemployee's physician. The physician shall also statethe date on which the employee shall be able to returnto work. This return date shall terminate thepregnancy sick leave unless otherwise extended by thephysician due to continued disability.

2. Ample notification of the expected delivery date shallbe given to the Superintendent in order to avoid anyinterruption of the educational program or any programfor which that employee has a supplementary contract.The employee may work as long as her condition does notinterfere with her assignments and duties.

E. Sick Leave Freeze. An employee will be allowed to freezetheir sick leave in order to collect under other insuranceplans. Once the employee has taken a freeze, they can't usea different option for the same disability.

F. Jury Duty. An employee called and absent because of juryduty will be paid the difference between the pay receivedfor the jury service and their regular wages for theirnormal scheduled hours. An employee shall sign his jury payover to the public schools and then receive full pay.

MAPS/ME SPA II - 2000/2005** - 27 -

G. Witness Leave. An employee called to testify as a witnesson behalf of the school district shall be paid for time lostbased upon their regular wages for their normal scheduledhours. However, the employee shall be expected to reimbursethe District for any remuneration provided by the courtsystem for serving as a witness, in exchange for theirregular pay, if the employee chooses their regular pay.

H. Lice, Scabies or Pinkeye Leave. An employee who contractslice, scabies or pinkeye as a result of their work shall betreated as a worker's compensation claim.

Section 2 - Unpaid Leaves

A. General Leave

1. A General Leave of absence without payor benefits forup to one (1) year may be granted by the Employer.During unpaid General Leaves of thirty (30) days' ormore duration seniority shall be frozen.

2. Requests for General Leave must be in writing and shallinclude the reason for the leave along with therequired beginning and ending dates of said leave.

3. Upon return from leave: For General Leaves of six (6)months or less, the employee will be reinstated to thesame position they held when the leave began (or, ifthe leave continues during the summer between schoolyears, to the position to which they would have beenassigned/placed for the school year); for GeneralLeaves of over six (6) months, the employee will bereturned to the position vacated by them or to aposition of similar status and pay. Notice of intentto return to work must be in writing at least fifteen(15) work days prior to the intended return date.Employees who would otherwise be subject to layoff(due, for example, to elimination of their positionwhile they are on leave) will be given notice of layoff(and may exercise bumping rights), as otherwise hereinprovided, notwithstanding their leave status; unlesslaid off, the employee will be considered to be onleave from the position to which they bumped (or weretransferred) .

B. Workers' Compensation Leave. Employees on leave compensableon behalf of the Employer in accordance with Michigan'sWorkers' Compensation laws retain their accumulated paidsick leave. So long as they continue to be eligible forWorkers' Compensation on behalf of the Employer, theemployee will continue to accrue seniority for up toeighteen (18) consecutive months as follows:

MAPS/ME SPA II - 2000/2005 - 28 -

1. Temporary return to work, full duties, (part-time orfull-time) during such period, where the absencecontinues due to the same illness or injury, will notbe deemed an interruption of the 18 consecutive monthsbut such period of temporary return will be added tothe 18 month period.

2. Work classified as "favored work" or "light duty" willneither be deemed an interruption of the 18 consecutivemonths nor be added to the 18 month period.

3. If the employee returns to work (full duties) and isthereafter absent due to a different illness or injury(compensable on behalf of the Employer in accordancewith Michigan's Workers' Compensation laws) a new 18month period will commence for such illness/injury.

4. If the employee has not returned to work (full duties)by the end of their 18 month Workers' Compensationleave their employment may be terminated. Exceptionsmay be made by the Employer; however, such as wherethere is sufficient medical evidence that the employeewill be able to return to fully perform their positionwithin a period of time acceptable to the Employer.Any such termination of employment is independent ofthe employee's claim for, and right to, benefitspursuant to Michigan's Workersl Compensation laws.

5. Upon such termination of employment the employee'saccumulated paid sick leave may be paid in accordancewith Article XIV, Sections 2A and B.

C. Maternitv Leave Without Accumulated Sick Davs. Employeeswho require a maternity sick leave/disability and do nothave enough (or any) accumulated sick days shall be grantedunpaid sick time according to the provisions of Section 2Aabove. These employees will be granted fringe benefits forthe month in which their sick leave runs out. In addition,the Employer shall grant one (1) additional month of fringebenefits according to the Insurance article.

D. Familv and Medical Leave Act. Leave time qualifying forFMLA leave may be designated by the employee and/or theEmployer as FMLA leave. The employee may, however, take anyleave for which they are otherwise eligible pursuant to thisAgreement during such FML~ leave. The Employer maysimilarly require employees to take paid leave for whichthey are otherwise eligible during FMLA leave. MedicalCertification may be required for such leave and for returnfrom such leave.

E. Association Leave. A leave of absence up to two (2) yearsshall be granted upon application for the purpose of servingas an officer of the Association or as an officer in itsstate or national affiliate. Seniority shall not accruewhile on this leave.

MAPS/ME SPA II - 2000/2005 - 29 -

F. Discretionarv Leave. At the discretion of the Superinten-dent, an employee may take up to fifteen (15) unpaid daysoff without taking a formal leave of absence. The employeeshall request unpaid days off at least five (5) days inadvance of commencement of the requested leave.

ARTICLE XIV - RETIREMENT, DISABILITY AND DEATH BENEFITS

Section 1

A. Employees who actually retire under the Michigan PublicSchool Employees Retirement Act, or have become totallydisabled, and who have spent a minimum of ten (10) years offull-time service in the Marquette Area Public Schools, willbe entitled to be paid for accumulated Paid Sick Leave asprovided in this Article. The terms "totally disabled" and"retired" shall be defined as stated in the State ofMichigan General School Laws and used by the Michigan PublicSchool Employees' Retirement Board.

B. Payment shall be awarded in a lump sum upon retirement,death, or upon becoming totally disabled, in accordance withthe following plan. Such payment shall be made to eachindividual employee or his/her estate who satisfies therequirements of this Article.

Section 2 - Terminal Pay

A. Terminal leave pay will be computed as 100% of accumulatedPaid Sick Leave to a maximum of 1800 hours as follows:

1. $5.00 per hour from 0 to 800 hours.

2. $5.50 per hour from 801 hours to 1400 hours.

3. $6.25 per hour from 1401 hours up to 1800 hours.

B. For employees who have a minimum of ten (10) years ofsatisfactory service and actually retire under the MichiganPublic School Employees Retirement Act, the District shallpay terminal leave as computed above for two years ratherthan one year. The first payment will be made in Januaryfollowing the end of the school year (July l/June 30) inwhich the employee retires, with the remaining payment beingmade the following January.

Section 3 - Resiqnation

When an employee desires to terminate his employment, there mustbe at least a ten (10) work day written notice given to theBoard. Upon mutual agreement between the parties, all or part ofthis notice may be waived. In the event of re-employment suchemployees shall be considered as a new employee.

MAPS/ME SPA II - 2000/2005 - 30 -

ARTICLE XV - INSURANCE

Section 1 - Health and Hospitalization Insurance

A. The Board agrees to pay the full premium for the MESSA PAKfor twelve (12) months provided the individual has completedhis/her contractual year and is employed full-time.

B. Regular part-time employees [half-time or more, twenty (20)hours or more per week for employees hired after July I,1987] may elect fully Board-paid life insurance, in theamount of Fifteen Thousand ($15,000.00) Dollars, with AD&D.They may also elect MESSA Super Care 1 (according to familystatus) so long as they make arrangements with the Districtto pay their prorated share of the necessary premium. TheBoard may select the life insurance carrier.

C. Full Time employees not choosing hospitalization as providedby MESSA PAK Plan A may elect MESSA PAK Plan B, pursuant tothe Employer's IRS qualified Section 125 Plan, including theoption of $2,000 per year in cash which may, to the extentpermitted by such Plan, be used to purchase additional MESSAoptional benefits or annuities from companies acceptable tothe Employer.

D. In the event that a husband and wife are both employedwithin the District, one spouse shall select Plan A and theother spouse shall be on Plan B. It is understood by theparties that these employees shall not have dual healthinsurance coverage within the District.

E. Dental and vision coverage shall include internal andexternal coordination of benefits (COB) for all bargainingunit members and their eligible dependents as defined byMESSA.

Section 2 - MESSA PAK Plan Summary

Plan A - For employees electinq health insurance

MESSA Health

MESSA Negotiated Life

MESSA Vision

Delta Dental

MAPS/MESPA II - 2000/2005

Super Care 1 (includes $5,000 lifewith AD&D)

$40,000 with AD&D

VSP-3 PLUS

90/80/80:$1,500 with sealants($1,000 Maximum Benefits for ClassI & II)

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Plan B - For employees not electinq health insurance

MESSA Negotiated Life

MESSA Vision

Delta Dental

$45,000 with AD&D

VSP-3 PLUS

90/80/80:$1,500 with sealants($1,000 Maximum Benefits for ClassI & II)

Section 3 - National Health Proqram

In the event a national health program is enacted that wouldaffect the benefits in this agreement or there is a change in thetax status of benefits that would adversely affect bargainingunit members or the District, the parties agree to meet tonegotiate over the impact of the change.

Section 4 - Discretionary Frinqe Benefit Extension

For an employee who becomes ill or disabled the Board may, in itssole discretion, provide, without cost to the employee, thefringe benefits which they are presently receiving for up totwelve (12) months.

Section 5 - Termination of Benefits

For employees terminating employment with the School District,all fringe benefits will cease upon termination. school Termemployees who complete the school year will have their fringespaid through August.

Section 6 - aDen Enrollment

An open enrollment period shall be established each year inSeptember.

ARTICLE XVI - GRIEVANCE PROCEDURE

Section 1 - Definition

A grievance is defined as an alleged violation or misapplicationof a specific Article or section of the Agreement by theEmployer. An individual employee may present his grievance tothe Board or its designated representative and have the grievanceadjusted without the intervention of the Association or itsrepresentatives as long as the adjustment is not inconsistentwith the terms of this Agreement. The Association, on behalf ofthe membership, may file a class action grievance. Grievanceswill be presented in the following steps:

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Section 2 - Procedure

STEP ONE

A. Within ten (10) working days of the time a grievance occurs,an employee having such a grievance shall present thegrievance orally and discuss the matter with the principalor immediate supervisor during working hours with the objectof resolving it informally. If it is not resolved at theinformal level, then within ten (10) working days after thepresentation of the grievance the employee shall present thegrievance in writing (the "Statement of Grievance", seeSection 7). (The Grievance Form is set forth in AppendixB. )

B. Within ten (10) working days after the presentation of thewritten grievance the principal or immediate supervisorshall give an answer in writing to the employee and theMESPA. If a grievance arises which does not involve thebuilding principal or immediate supervisor, Step One of theprocedure may be bypassed, but the time limitations of StepOne will apply.

c. If the grievance is accelerated to the Superintendent or hisdesignated representative, Step Two becomes the next step inthe procedure.

STEP TWO

A. If the principal's or immediate supervisor's answer to thegrievance is not satisfactory to the employee or if noanswer was given within the time limit, the employee shallpresent the grievance to the Superintendent of Schools orhis designee within ten (10) working days after theprincipal's or immediate supervisor's answer is given; or ifno answer was given, within ten (10) working days after theprincipal's or immediate supervisor's answer was due.

B. The Superintendent or his designated representative shallgive the MESPA representative an answer in writing no laterthan ten (10) working days after receipt of the writtengrievance or the requested meeting, whichever is later. Iffurther investigation is needed, limits may be extended bymutual agreement between the parties in writing.

STEP THREE

If a satisfactory disposition of the grievance is not made as aresult of the meeting provided for in Step Two, either the Boardor the Association shall have the right to appeal the dispute toan impartial arbitrator mutually selected by the parties oraccording to the rules of the American Arbitration Association.Such appeal must be taken within ten (10) working days from thedate of the decision provided for in Step Two or July 1,whichever is earliest.

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Section 3 - Powers of the Arbitrator

It shall be the function of the arbitrator and he shall beempowered, except as his powers are limited below, after dueinvestigation, to make a decision in cases of alleged violationor misapplication of the specific articles and sections of thisAgreement.

1. He shall have no power to add to, subtract from,disregard, alter, or modify any of the terms of thisAgreement.

2. He shall have no power to establish wage scales orchange any wages.

3. He shall have no power to rule on any of the following:

a. The termination of services of, or failure to re-employ any probationary employee.

b. Any claim or complaint for which there is anotherremedial procedure or forum established by law orby regulation having the force of law.

c. Any alleged violation of law including those lawsreferred to in this Agreement.

4. He shall have no power to change any practice, policy,or rule of the Board, nor to substitute his judgmentfor that of the Board, as to the reasonableness of anysuch practice, policy, rule, or any action taken by theBoard. His powers shall be limited to deciding whetherthe Board has violated the express articles or sectionsof this Agreement; and he shall not imply obligationsand conditions binding upon the Board from thisAgreement, it being understood that any matter notspecifically set forth herein remains within thereserved rights of the Board.

S. He shall have no power to decide any questions which,under this Agreement, is within the responsibility ofmanagement to decide. In rendering decisions, anarbitrator shall give due regard to the responsibilityof management and shall so construe the Agreement thatthere will be no interference with suchresponsibilities, except as they may be specificallyconditioned by this Agreement.

6. If either party disputes the arbitrability of anygrievance under the terms of this Agreement, thearbitrator shall first determine the questions ofarbitrability. In the event that a case is .appealed toan arbitrator on which he has no power to rule, itshall be referred back to the parties without decisionor recommendation on its merits.

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7. There shall be no appeal from an arbitrator's decisionif it is in the scope of his authority as set forthabove. It shall be final and binding upon theAssociation, its members, the employee or employeesinvolved, and the Board.

8. The fees and expenses of the arbitrator shall be sharedequally by the Board and the Association. All otherexpenses shall be borne by the party incurring them,and neither party shall be responsible for the expenseof witnesses called by the other.

Section 4If any bargaining unit member for whom a grievance is sustainedshall be found to have been unjustly discharged, he shall bereinstated with full reimbursement of all compensation lost. Ifany bargaining unit member shall have been found to have beenimproperly deprived of any compensation or advantage, the same orits equivalent in money shall be paid to him and his recordcleared of any reference to this action.

Section 5Any grievance not advanced to the next step by the employeewithin the time limit in that step shall be deemed abandoned.Time limits shall be strictly observed but may be extended bywritten agreement of the parties.

Section 6Notwithstanding the expiration of this Agreement, any claim, orgrievance arising thereunder, may be processed through thegrievance procedure until resolution.

Section 7

The "Statement of Grievance" shall name the employee involved,shall state the facts giving rise to the grievance, shallidentify by appropriate reference all the provisions of thisAgreement alleged to be violated, shall state the contention ofthe employee and of the MESPA with respect to these provisions,and shall indicate the specific relief requested and shall besigned by the grievant.

Section 8The Board will permit a bargaining unit member (and/or the MESPArepresentative with consent of the bargaining unit member) accessto, and the right to inspect and acquire copies of, thebargaining unit members personnel file in accordance with theBullard-Plawecki Employee Right To Know Act and the Public

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Employment Relations Act. Other than for the Superintendent,Assistant Superintendent, Assistant to the Superintendent orHuman Resources Manager, the employee's personnel file willcontain a log of the name and date of individuals reviewing suchfiles.

Section 9

A bargaining unit member who at the Employer's request (excludingarbitration hearings) must be involved in the grievance procedureduring the work day, shall be excused with pay for that purpose.

ARTICLE XVII - NEGOTIATIONS PROCEDURESSection 1

This Agreement may be extended by mutual written consent of bothparties.

Section 2

Both parties agree to enter into negotiations on a new Agreementon wages, hours, and working conditions at least ninety (90) daysprior to the expiration date of this Agreement or at the requestof either party.

Section 3

This Agreement shall constitute the full and complete commitmentsbetween both parties and may be altered only through thevoluntary, mutual consent of the parties in written and signedamendment to this Agreement.

Section 4

There shall be two (2) signed copies of any final agreement. One(1) copy shall be retained by the Employer and one (1) copy bythe Association.

Section 5

Copies of this Agreement shall be printed at the expense of theBoard within thirty (30) days after it is signed, and individualcopies shall be presented to all bargaining unit members nowemployed by the Board. The MESPA shall be provided with five (5)copies, at no charge to it, for its use.

ARTICLE XVIII - EVALUATION

Section 1

Evaluation records shall be kept on forms provided by the HumanResources Office to the immediate supervisor. The Associationshall be furnished a copy of the form used for evaluation.MAPS/MESPA II - 2000/2005 - 36 -

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Section 2

Employees will be evaluated at least annually (at least everyother year for employees with three or more years seniority).Employees shall receive copies when evaluated.

Section 3

No material upon which discipline may be based, including, butnot limited to, student, parental or school personnel complaintsoriginating after initial employment, will be placed in anemployee's personnel file unless the employee has had anopportunity to review the material. When such material is to beplaced in an employee's file, the affected employee shall signsuch material following review, such signature to be understoodto indicate awareness of the material, but not to be interpretedto mean agreement with the content of the material unlessotherwise specifically indicated. The employee may submit awritten response to such material which will be attached to thefile copy of the material in question. If the employee does notcome in to the Human Resources Office to sign such materialswithin three (3) days after being so notified, the Employer maymail a copy of such materials to the employee and theAssociation, and may thereafter place the materials in theemployee's personnel file. Except with the consent of theemployee, or as otherwise required by law, all responses toformal requests for recommendations by potential employers shallbe based solely on the contents of the employee's personnel file.

Section 4

Due to the nature of the school calendar, it may be necessary forsome employees to be responsible to different supervisors duringthe summer months than during the regular school year.

ARTICLE XIX - DISCIPLINE, DEMOTION AND DISCHARGE

Section 1

No employee shall be disciplined (including warnings, reprimands,suspensions, reduction in rank or occupational advantage,discharges, or other actions of a disciplinary nature) withoutjust cause. The specific grounds forming the basis fordisciplinary action will be made available to the employee andthe Association in writing.

Section 2

Progressive discipline will be practiced, commencing with verbalor written warnings for minor offenses, with written warnings orsuspensions for serious offenses, and with immediate terminationor employment for major offenses. Where appropriate the Employershall notify the employee in writing of alleged delinquencies,indicate expected correction, and indicate a reasonable period ofcorrection.

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Section 3An employee may request presence of an Association representativeas a condition for participation in an interview with theEmployer where the employee reasonably believes the investigationwill result in disciplinary action against them. Following suchrequest, the Employer may either proceed with interview of theemployee in the presence of an Association representative or, inits sole discretion, carryon its inquiry without such employeeinterview. It is up to the employee whether to proceed with theinterview unaccompanied by the employee's representative or tohave no interview and forego any benefits that might be derivedfrom the interview. It is understood the Employer has no duty tobargain with the Union representative at an investigatoryinterview; the representative is present to assist the employeeand may attempt to clarify the facts or suggest other employeeswho may have knowledge of them, but the Employer is free toinsist that it is only interested, at that time, in hearing theemployee1s own account of the matter under investigation. Finaldisciplinary action will not be taken prior to notification ofthe Association.

Section 4Employees may be demoted or downgraded to lower rated positionsfor any of the following reasons:

A. Upon agreement of the employee and the Administration.

B. For just cause.

Section 5By way of illustration, but not of limitation, the following arejust cause for discharge:

A. Violation of published school district policy.

B. Disorderly conduct while on duty.

c. Willful neglect or destruction of school district property.

D. Theft or attempted theft of property from the district, itsstaff, its students, or employees.

E. Working under the influence of alcohol or other behavior-altering substances.

F. Falsification of information on job application, timerecords, or other school district records.

G. Incompetence.

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ARTICLE XX - BARGAINING UNIT MEMBER ASSISTANCE

Section 1The Employer is concerned for the health and well-being of theindividuals in its employment and aware of the new knowledge andconcepts that have been developed concerning the employmentimpact of medical and behavioral problems of employees and theprocedures for overcoming them. The parties agree thatsuccessful treatment is in the best interest of bargaining unitmembers, the Employer, and the Association.

Section 2Upon request the Administration shall provide information tobargaining unit members experiencing job-related or personalproblems about appropriate outside diagnostic assistance andtreatment agencies. A bargaining unit member's involvement willbe completely voluntary and confidential.

ARTICLE XXI - MISCELLANEOUS PROVISIONS

Section 1

When in the course of his work, it becomes necessary that apersonal automobile be driven--including from one building toanother--the employee shall be reimbursed for the use of hisautomobile according to the prevailing IRS rate.

Section 2

A. Medical Certificati