PROSSER SCHOOL DISTRICT #116 - files.pseofwa.org CBA.pdf · Prosser PSE/Prosser School District #116 Page 2 of 33 1 Section 1.4.1. Seasonal Employees. 2 Seasonal employees shall be

COLLECTIVE BARGAINING AGREEMENT BETWEEN

PROSSER SCHOOL DISTRICT #116

AND

PUBLIC SCHOOL EMPLOYEES OF WASHINGTON/SEIU Local 1948

PROSSER CHAPTER

SEPTEMBER 1, 2018 - AUGUST 31, 2022

Public School Employees of Washington/SEIU Local 1948

www.pseclassified.org

P.O. Box 798

Auburn, Washington 98071-0798

1.866.820.5652

http://www.pseclassified.org/

T A B L E O F C O N T E N T S Page

PREAMBLE 1

ARTICLE I RECOGNITION AND COVERAGE OF AGREEMENT 1

ARTICLE II MANAGEMENT RIGHT CLAUSE 3

ARTICLE III RIGHTS OF EMPLOYEES 4

ARTICLE IV RIGHTS OF THE ASSOCIATION 5

ARTICLE V APPROPRIATE MATTERS FOR CONSULTATION

AND NEGOTIATION 6

ARTICLE VI ASSOCIATION REPRESENTATION 7

ARTICLE VII HOURS OF WORK AND OVERTIME 8

ARTICLE VIII HOLIDAYS AND VACATIONS 12

ARTICLE IX CLASSIFIED PERSONNEL LEAVE 14

ARTICLE X PROBATION, SENIORITY AND LAYOFF PROCEDURES 17

ARTICLE XI DISCIPLINE AND DISCHARGE OF EMPLOYEES 20

ARTICLE XII INSURANCE AND RETIREMENT 21

ARTICLE XIII ASSOCIATION MEMBERSHIP, CHECKOFF AND

POLITICAL ACTION COMMITTEE 22

ARTICLE XIV GRIEVANCE PROCEDURE 23

ARTICLE XV SALARIES, PROFESSIONAL DEVELOPMENT AND

EMPLOYEE COMPENSATION 25

ARTICLE XVI TERM AND SEPARABILITY OF PROVISIONS 28

SIGNATURE PAGE 30

SCHEDULE A (2018-2019) 31

LETTER OF AGREEMENT – One-to-One Seniority 32

ADDENDUM I 33

2018-2022 Collective Bargaining Agreement September 1, 2018

Prosser PSE/Prosser School District #116 Page 1 of 33

P R E A M B L E 1

2

Pursuant to the conditions set forth in the Public Employees Collective Bargaining Act of 1967, this 3

constitutes an agreement between the employer, the School Board and the Public School Employees of 4

Washington/SEIU Local 1948. 5

6

The parties agree that it has been and will continue to be in their mutual interest and purpose to 7

promote systematic and effective employee-management cooperation, to confer and negotiate in good 8

faith in accordance with RCW 41.56. 9

10

11

12

A R T I C L E I 13

14

RECOGNITION AND COVERAGE OF AGREEMENT 15

16

Section 1.1. 17

The District hereby recognizes the Association as the exclusive representative of all employees in the 18

bargaining unit described in Section 1.3., and the Association recognizes the responsibility of 19

representing the interests of all such employees. 20

21

Section 1.2. 22

Nothing contained herein shall be construed to include in the bargaining unit any person whose duties 23

as supervisor or assistant to those administrative positions necessarily imply a confidential relationship 24

to the Board of Directors or Superintendent of the District pursuant to RCW 41.56.030 (2). 25

26

Section 1.3. 27

The Bargaining unit to which this Agreement is applicable shall consist of all classified employees in 28

the following job classifications: Maintenance and Custodial, Paraeducator and Clerks, Food Service 29

Personnel, Transportation and other. Excluded: Supervisors, Secretaries, and Substitute Employees. 30

Included by specific mention are classified seasonal employees and temporary employees in the 31

included classifications. 32

33

Section 1.4. Temporary Employee. 34

A temporary classified employee is one who is filling a position of a full-time or regular classified 35

employee who is on an approved leave of absence, or working in an unfilled position, or in a 36

temporary position created by the District for a position greater than ninety (90) workdays. Temporary 37

Employees are subject to the following provisions of this Agreement: Article VIII (Holidays and 38

Vacations); Article IX (Classified Personnel Leave); Article XII (Insurance and Retirement); Article 39

XIII (Association Membership, Checkoff, and Political Action Committee); Article XIV (Grievance 40

Procedure). Temporary Employees are paid at the first (1st) year rate of pay for the position as set forth 41

in Schedule A of this Agreement. Temporary employees will be paid on a monthly basis prorated 42

based upon the number of months to be worked in the temporary assignment. A temporary employee’s 43

final pay will be made on the payroll in the final month of employment unless the temporary employee 44

works past the payroll cutoff date, in which case, final payment will be made in the following month. 45

46

47

48



Section 1.4.1. Seasonal Employees. 1

Seasonal employees shall be paid no less than Step I of Schedule A for hours worked in that 2

classification and are subject to all the provisions of Section 1.4. except Article X. 3

4

Section 1.4.2. 5

One-to-One Special Education Paraeducators are assigned to work individually with students 6

who need close supervision. This is an assigned position and may not be posted. Assignment 7

will be based on the recommendations of District administration and staff. One-to-One Special 8

Education Paraeducators may be assigned to additional duties as well as the one-to-one 9

supervision. One-to-One Special Education Paraeducators assignment may be reduced in time 10

and the assigned position may be eliminated at any time as students leave the District or the 11

student’s program or IEP changes, or to meet other District needs. One-to-One Special 12

Education Paraeducators will accrue seniority in the Paraeducator classification. 13

14

In the event the One-to-One Special Education Paraeducator position is eliminated, the One-to-15

One Special Education Paraeducator may apply for other open positions in the Bargaining Unit 16

in accordance with Article 10.7 of this Agreement. 17

18

Section 1.5. 19

A regular full-time employee is one who is regularly employed for forty (40) hours per week for the 20

full twelve (12) month calendar year. 21

22

Section 1.6. 23

A regular part-time employee is one who is regularly employed for less than twelve (12) months per 24

year or who is employed for less than forty (40) hours per week. 25

26

Section 1.7. 27

Substitute employees are persons filling regular or temporary positions normally held by another 28

person; or those persons filling a newly created regular or temporary position within the school district 29

until another employee can be hired for that position. After sixty (60) consecutive workdays, or 30

seventy-five (75) total workdays in a school year in the same position, the substitute will become a 31

temporary employee. 32

33

Section 1.8. 34

A replacement employee is a current employee who fills a position created by an employee on an 35

approved leave anticipated to extend more than forty-five (45) calendar days but does not exceed one 36

(1) year. As soon as the District receives written doctor’s notice of an extended absence the position 37

will be posted internally for two (2) business days. 38

39

40

41

42

43

44

45

46

47

48



A R T I C L E I I 1

2

MANAGEMENT RIGHT CLAUSE 3

4

Section 2.1. 5

It is expressly agreed that all rights which ordinarily vest in and have been exercised by the Employer 6

or District, except those which are clearly and expressly relinquished herein by the Employer shall 7

continue to vest exclusively in and be exercised exclusively by the Employer without prior negotiation 8

with the Union either as to the taking of action under such rights or with respect to the consequence of 9

such action during the term of the Agreement. Such rights shall include, by way of illustration and not 10

by way of limitation, the right to: 11

12

1. Manage and control the District, its facilities, and its operations and to direct the working 13

forces and affairs of the Employer. 14

15

2. Continue its rights and past practice of assignment and direction of work of all its personnel, 16

and hours of work and starting times and scheduling of all foregoing, but not in conflict with 17

the specific provisions of this Agreement, and the right to establish, modify or change any work 18

or business or school hours or days. 19

20

3. Direct the working forces, including the right to hire, promote, suspend and discharge 21

employees, transfer employees, assign work or extra duties to employees (if temporary and of 22

short duration), determine the size of the work force and to lay off employees. 23

24

4. Determine the service, supplies, and equipment necessary to continue its operations and to 25

determine the methods, schedules, and standards of operational production, the means, 26

methods, and processes of carrying on the work including contracting out of automation thereof 27

or changes therein; the institution of new and/or improved methods or changes therein. 28

29

5. Adopt, put into effect and enforce reasonable rules and regulations. 30

31

6. Determine the qualifications of employees, including physical condition. 32

33

7. Determine the number and location or relocation of buildings, offices, and facilities, and layout 34

and equipment, and the work areas. 35

36

8. Determine the placing of operation production, service, maintenance or distribution or work 37

with contractors, and the source of materials and supplies. 38

39

9. Determine the policy affecting the selection, testing or training of employees, providing that 40

such selection shall be based upon lawful criteria. 41

42

Section 2.2. 43

The matters contained in this Article, except where specifically qualified elsewhere in this Agreement, 44

are not subject to further negotiations between the parties during the term of this Agreement and are 45

not grievable. 46

47

48



A R T I C L E I I I 1

2

RIGHTS OF EMPLOYEES 3

4

Section 3.1. 5

It is agreed that all employees subject to this Agreement shall have and shall be protected in the 6

exercise in the rights granted in RCW 41.56. 7

8

Section 3.2. 9

Each employee shall have the right to bring matters of personal concern to the attention of appropriate 10

Association representatives and/or appropriate officials of the District. 11

12

Section 3.3. 13

Employees subject to this Agreement have the right to have Association representatives or counsel 14

present at discussions between themselves and supervisors or other representatives of the District at 15

meetings which will adversely affect their employment status including grievance procedures. 16

17

Section 3.4. 18

Neither the District, nor the Association, shall unlawfully discriminate against any employee subject to 19

this Agreement on the basis of race, creed, sexual orientation, color, sex, religion, age, marital status, 20

or because of a physical handicap with respect to a position, the duties of which may be performed 21

efficiently and competently. 22

23

Section 3.5. Evaluations. 24

Annually, in the first three (3) years of employment, regular part-time employees shall be formally 25

evaluated by June 1, and regular full-time employees no later than August 1, by their supervisor 26

designated for evaluation purposes. After three (3) years of employment, if the employee’s evaluation 27

is satisfactory or above, evaluations shall be done every other year, provided this does not prevent the 28

District from evaluating an employee exhibiting performance deficiencies every year. Probationary 29

employees shall be formally evaluated prior to the end of the probation period. 30

31

All evaluations shall be discussed with the employee. Within ten (10) business days of the evaluation, 32

the employee may attach his or her own comments to the evaluation. These comments shall become a 33

permanent part of the evaluation. 34

35

Section 3.6. Personnel Files. 36

Official personnel files of each employee will be kept in the District Administration Office. Each 37

employee shall have the right to see materials placed in their personnel file, provided the request is 38

made to the District Human Resource Office during normal working hours. Disciplinary materials 39

contained in the personnel file shall be removed upon request to the Superintendent three (3) years 40

after its placement in the file, provided there has been no repetitive conduct. This section shall not 41

apply to materials that must be retained under RCW 28A.400.301. 42

43

Section 3.7. Seniority Lists. 44

Seniority lists shall be made available each year by November 1st. Each seniority list shall list the hire 45

date as well as seniority date within each classification of each employee. A copy shall be provided to 46

the Association President prior to final distribution. The Association President shall have ten (10) 47



workdays to reconcile and notify the District of any errors to the Seniority List. Once the list has been 1

finalized it shall be distributed to each building. 2

3

Section 3.8. 4

When the District requires an employee to be trained in First Aid/CPR (cardio-pulmonary 5

resuscitation) or CPI (crisis prevention intervention) training, the cost of the training shall be paid by 6

the District. If such training is required outside the workday, the District shall pay the employee for 7

the time in training. CPI (crisis prevention intervention) training shall be offered to all bus drivers and 8

bus monitors. 9

10

11

12

A R T I C L E I V 13

14

RIGHTS OF THE ASSOCIATION 15

16

Section 4.1. 17

The Association has the right and responsibility to represent the interests of all employees in the unit; 18

to present its views to the District on matters of concern, either orally or in writing; to consult or to be 19

consulted with respect to the formulation, development, and implementation of industrial relations 20

matters and practices which are within the authority of the District; and to enter collective negotiations 21

with the object of reaching an agreement applicable to all employees within the bargaining unit. 22

23

Section 4.2. 24

The Association shall promptly be notified by the District of any grievances or disciplinary actions of 25

any employee in the unit in accordance with the provisions of the Discharge and Grievance Procedure 26

Articles contained herein. The Association is entitled to have an observer at hearings conducted by 27

any District official or body arising out of grievance and to make known the Association's views 28

concerning the case. 29

30

Section 4.3. 31

The business representative for the Association may be permitted access to District property provided 32

that no interference with the work of employees shall result. The right of entry shall at all times be 33

subject to all rules applicable to non-employees. The business representative shall obtain prior 34

approval from the appropriate administrative or supervisory staff. The business representative shall 35

personally notify the Superintendent that the business representative will be in the District for a stated 36

period of time. 37

38

Section 4.4. Bulletin Boards. 39

The District may provide a bulletin board space in each school for the use of the Association. The 40

bulletins posted by the Association are the responsibility of the officials of the Association. Each 41

bulletin shall be signed by the Association official responsible for its posting. A copy of which shall 42

be provided to the Superintendent prior to posting in any District building. No derogatory, 43

inflammatory, or libelous materials of any type will be posted which could be construed to be 44

detrimental to the employee/employer relationship. 45

46

Section 4.5. 47

The Association shall be entitled to use, when available, the following District equipment for 48



Association Business: copiers, email, fax machines and computers. The Association shall pay the cost 1

of any consumable materials including paper, toner, etc. The Association will be required to follow 2

the appropriate District policies in effect when using any District equipment. The Association will be 3

allowed to use the in-District mail service, electronic mail or other communication service used to 4

communicate with classified employees, understanding that District computers are subject to public 5

disclosure and public records requests. 6

7

Section 4.6. 8

An integral part of each employee’s tenure with the District is an understanding of this Agreement and 9

the role of the Association in the employment setting. As such, each new employee, shall be offered 10

the opportunity to receive an overview of the Association and the Collective Bargaining Agreement by 11

the Association. This orientation meeting will be scheduled and conducted by the Association and 12

approved by the affected administrator/supervisor. The parties agree that it is highly beneficial for all 13

bargaining unit employees to receive a comprehensive new employee orientation as soon as possible, 14

of which shall occur no later than one (1) month after the employee is hired. This orientation session 15

shall be no less than thirty (30) minutes and will take place during the employee’s workday, at a 16

mutually agreed upon time between the Association and District. 17

18

Section 4.7. 19

The President of the Association shall be emailed a copy of every board report packet. 20

21

22

23

A R T I C L E V 24

25

APPROPRIATE MATTERS FOR CONSULTATION AND NEGOTIATION 26

27

Section 5.1. 28

It is agreed and understood that matters appropriate for consultation and negotiation between the 29

District and the Association are policies, programs, and procedures relating to or affecting hours, 30

wages, grievance procedures and general working conditions of employees in the bargaining unit 31

subject to this Agreement. 32

33

Section 5.2. 34

It is further agreed and understood that the District will consult with the Association, and meet with the 35

Association upon its request, in the formulation of any changes being considered in existing benefits, 36

policies, practices and procedures as they apply to classified employees. 37

38

Section 5.3. 39

The Association will, from time to time, as appropriate, be advised of current and predicted workload 40

information. 41

42

Section 5.4. 43

All employees, upon request, shall be provided with a current Job Description for the position held. 44

Changes to a Job Description shall be discussed with the Association. 45

46

Section 5.5. 47

The Maintenance Supervisor shall meet with Custodial Leadman and Maintenance personnel prior to 48



each of the three (3) scheduled breaks to coordinate the scheduling of equipment and maintenance 1

activities. 2

3

Section 5.6. 4

The Association President shall have the opportunity to provide input to the school calendar. 5

6

7

8

A R T I C L E V I 9

10

ASSOCIATION REPRESENTATION 11

12

Section 6.1. 13

The Association will schedule a Labor Management Meeting with the Association President and a 14

minimum of one (1) other member as needed, who will meet with the Superintendent of the District 15

and/or the Superintendent's representatives on a mutually agreeable regular basis to discuss appropriate 16

matters. The meeting shall occur during the workday of the President of the Association. 17

18

Section 6.2. 19

The Association representatives shall represent the Association and employees in meeting with 20

officials of the District to discuss appropriate matters of mutual interest. They may receive and 21

investigate to conclusion complaints or grievances of employees on District time and thereafter advise 22

employees of rights and procedures outlined in this Agreement and applicable regulations or directives 23

for resolving the grievances or complaints. They may not, however, continue to advise the employee 24

on courses of action after the employee has indicated a desire not to pursue a grievance. They may 25

consult with the District on complaints without a grievance being made by an individual employee. 26

27

Section 6.2.1. 28

Association representatives, when leaving their work, shall first obtain permission from their 29

immediate supervisor. The supervisor's permission in these instances will normally be granted. 30

The employees will report their return to work to their supervisors. 31

32

Section 6.2.2. 33

Time during working hours will be allowed to Association representatives for attendance at 34

meetings with the District. Time will also be allowed for representatives to discuss with the 35

employees grievances and appropriate matters directly related to work situations in their area or 36

craft. Association representatives will guard against the use of excess time in the handling of 37

such matters. 38

39

40

41

42

43

44

45

46

47

48



A R T I C L E V I I 1

2

HOURS OF WORK AND OVERTIME 3

4

Section 7.1. 5

All new employees must begin on the first (1st) step of the salary schedule unless granted experience 6

step placement on the salary schedule, as follows: 7

Inter-District, within Washington: Comparable longevity and experience steps as provided by 8

State statute, RCW 28A.400.300(2). 9

10

Section 7.1.1. 11

The Superintendent and the PSE President shall meet and discuss appropriate placement, where 12

a need can be shown for recruiting for a specialist position and higher placement would be 13

necessary. 14

15

Section 7.2. 16

The normal work schedule shall consist of five (5) consecutive work days, Monday through Friday, 17

followed by two (2) days of rest (Saturday and Sunday). Each employee shall be assigned to a definite 18

and regular shift and workweek. Changes in shifts, or splitting of workloads between the buildings, 19

will occur only after consultation with the employee and normally a minimum of two (2) weeks’ notice 20

to the employee. 21

22

Section 7.2.1. 23

A lead custodian shall be assigned to each school site. Selection will be made according to 24

seniority bidding procedures. 25

26

Section 7.2.1.1. 27

Paraeducators and Food Service employees shall report to work one (1) day prior to the 28

official start of school. Library Assistants shall work two (2) days prior to the official 29

start of school, and two (2) days after the official end of school. Employees must work 30

the day(s) to be paid. 31

32

Section 7.2.1.1.1. 33

Paraeducators shall be provided adult height worktables. 34

35

Section 7.3. 36

Employees called for special service (any assignment in addition to the employee's normal shift) shall 37

receive no less than two (2) hours pay per call at the rate of one and one-half (1½) times the 38

employee's regular rate. Drivers will be paid for two (2) hours driving time at the employee's regular 39

rate in the event that a trip is cancelled or because of inclement weather, and the driver is not notified 40

pursuant to Section 7.3.1. Work may be assigned by the supervisor during the two (2) hour period. 41

42

Section 7.3.1. Report Pay. 43

In the event of school closure or delay (inclement weather, equipment failure, etc., employees 44

who report to work shall receive two (2) hours pay at the employee's regular rate, or actual time 45

worked, whichever is greater; provided, however, that notification of the closure pursuant to 46

administrative procedure shall disqualify an employee from receiving report pay. 47

48



Section 7.4. 1

Shifts shall be established for transportation personnel in relation to the routes and driving times 2

necessary to fulfill the task assigned by the Transportation Supervisor. If there are thirty (30) minutes 3

or less between assignments, the base hourly rate shall continue uninterrupted. Bus drivers shall 4

receive pay for up to a maximum of thirty (30) minutes per day in addition to regular driving time for 5

work performed in assigned duties of bus cleanup and pre-post trip safety inspections. 6

7

Section 7.5. 8

Work shifts which are more than five (5) consecutive hours shall include a minimum of thirty (30) 9

minutes of uninterrupted and unpaid lunch period as near of the middle of the shift as is practicable. 10

The regular workday shall include one (1) ten (10) minute rest period for each continuous four (4) hour 11

period of work. 12

13

Section 7.6. Overtime. 14

In the assignment of overtime, the District agrees to provide the employee with as much advance 15

notice as practicable in the circumstances. Normally, employees designated to work overtime on days 16

outside their regular workweek will be advised of the possibility prior to the end of the last shift before 17

the overtime commences. 18

19

Section 7.6.1. 20

Time worked over eight (8) hours within any one (1) day, except when working four (4) ten 21

(10)-hour days or other mutually agreed upon work schedule(s), shall constitute overtime. Time 22

worked in excess of eight (8) hours in any workday or forty (40) hours in any workweek shall 23

be compensated at the rate of one and one-half (1½) times the employee's regular rate of pay. 24

Overtime on the seventh (7th) consecutive day (exclusive of holidays) shall be compensated at 25

the rate of two (2) times the employee's regular rate of pay. 26

27

Section 7.6.2. 28

Employees with the greatest seniority by department or building assignment shall ordinarily be 29

offered overtime first. Employees may refuse overtime unless the least senior employee is 30

unable to perform the work. 31

32

Section 7.6.2.1. Inequitable Pay. 33

Employees requested to work a temporary shift regularly filled by a higher 34

classification employee shall receive compensation equal to that normally received by 35

the employee in the higher classification subject to prior approval by the supervisor or 36

administrator. Employees shall be informed prior to assignment of temporary shift 37

work the rate of pay they will receive. Employees temporarily assigned to lower 38

classification assignments will retain their current pay. This provision goes into full 39

force and effect after employees have worked one (1) normal shift rotation outside their 40

pay scale in the same pay period. 41

42

Section 7.6.2.2. 43

Food Service employees who are interested in filling temporary vacancies to gain more 44

hours of work or learn different positions shall sign up on a designated list annually. For 45

all positions this list shall be utilized before a substitute. Call for work to the interested 46

employees will be made on a rotational basis. The sign-up sheet will be initially ranked 47



by seniority. If the employee is unavailable, or has demonstrated previous poor 1

performance, the employee may be bypassed. 2

3

Section 7.6.2.3. 4

Maintenance employees shall receive their regular rate of pay plus an additional two 5

dollars ($2.00) per hour when the employee is requested in writing to fill the position of 6

Maintenance Supervisor. 7

8

Section 7.6.2.4. 9

Regular employees may bid on any replacement employee position (as per Section 1.8.) 10

in accordance with Section 10.7. If the position is an increase in wages, hours or both; 11

with the exception of Paraeducators who may only bid within their assigned building. 12

The replacement employee retains the right to return to their former position and their 13

position will not be posted but will be filled by a substitute for the duration; the choice 14

to utilize a substitute shall be at the discretion of the District. Any more than one (1) 15

movement would be at the District’s discretion. See Section 10.8.1. regarding bus 16

drivers. 17

18

Section 7.7. Extra Trips. 19

All bus trips/runs other than regular daily scheduled runs shall be defined as extra trips and shall be 20

compensated at the rates in Schedule A for driving time. and standby time. The standby rate will be in 21

effect for the hours beyond the driver’s regular contracted hours on the day of the trip. Extra trips shall 22

be assigned by seniority on a rotating basis from those regular drivers who sign up for extra trips and 23

who have passed a skill test. In the event that a driver refuses an extra trip, he or she will go to the 24

bottom of the list and not be eligible for a trip until his or her name rotates to the top of the list. In the 25

event of hazardous or unusual road conditions, the transportation supervisor may make driver 26

assignments. 27

28

Bus Drivers must have a minimum of six and one-half (6½) hours off duty between completion of 29

extracurricular trip/field trips and the start of the morning routes. 30

31

Included in "extra trips" by specific mention are Vocational Agriculture day trips which require no 32

overnight stay at destination, and Ski Trips. 33

34

Skill test requirements shall be those items such as installing chains, which may be required of a driver 35

assigned to operate a school bus during adverse road conditions. 36

Extra trips will be assigned by the following priority: 37

38

1. Regular drivers, by rotating seniority; 39

2. Substitute drivers, by rotating seniority; 40

3. Other qualified drivers, only in the event that no regular or substitute driver is available. 41

42

Except in emergency situations, drivers shall not be utilized as chaperones on extra trips. Provisions 43

shall be made for drivers to sleep apart from students on overnight trips. 44

45

For trips of twelve (12) hours or more without an overnight stay, meals will be reimbursed at per diem 46

rates and taxable per IRS guidelines. 47

48



Section 7.7.1. 1

Bus Drivers will be paid on a twelve (12) month cycle. Pay will be based on estimated hours 2

with provisions being made for fluctuations of fifteen (15) minutes or more. Supplemental pay 3

(overtime, extra trips and time over the estimated run time) will be paid monthly on a time 4

sheet basis. 5

6

Section 7.7.2. Trip Board Procedures. 7

Trip board procedures will be given to each driver at the beginning of each school year. The 8

9

procedures will also be posted in the Transportation Department. Prior to any changes to the 10

trip board procedures the Association will be notified. 11

12

Section 7.7.3. Van/Vehicle Use. 13

When thirteen (13) students or less are involved in a trip, the District may utilize a van/vehicle, 14

driven by a Prosser School District employee, to transport those students. This section does not 15

prevent the District from assigning a Prosser School District bus driver to drive the van/vehicle. 16

17

Section 7.8. 18

Hours worked outside the employee’s scheduled shift shall be accrued as comp time, or overtime or as 19

hours worked for the pay and shall comply with the Fair Labor Standards Act (FLSA). The accrual 20

and use of comp time shall be approved by the administrator or program supervisor. Although, the 21

following may be used at the employee’s discretion so long as three (3) calendar days prior notice is 22

given to the supervisor, unless this time is waived by the supervisor: day before Thanksgiving, day 23

before winter break and the last day of school. Comp time may not be used when students are in 24

school, unless the position does not require a substitute, but must be used by the last day of school or 25

the employee will be compensated for all unused hours in their July pay warrant. 26

27

Section 7.9. 28

When attendance is required by the District for in-service programs, District meetings, or other 29

required classes/training, employees shall be compensated at their hourly rate of pay, and any 30

fees/charges associated with the District required meetings shall be paid for by the District. 31

32

Section 7.10. 33

Kitchen Supervision will be provided by School District Cooks when any groups utilize District 34

Kitchen Facilities for the purpose of preparing food with the intent being to protect District facilities 35

and assure that kitchen equipment is safely operated. The District will determine when kitchen 36

supervision is needed. 37

38

Section 7.11. 39

The District agrees to pay the CDL renewal cost. 40

41

Section 7.11.1. 42

Each time a bus is in need of exterior washing the current standby rate will be paid for all time, 43

(in half-hour increments) needed to complete the washing. Regular pre-trip procedures will be 44

paid at current contract rates. Standby time on extracurricular trips and driver training time 45

shall be paid at the standby rate. 46

47

48



A R T I C L E V I I I 1

2

HOLIDAYS AND VACATIONS 3

4

Section 8.1. Holidays. 5

All full-time employees shall receive the following paid holidays: 6

7

1. New Year's Day 7. Veterans' Day 8

2. Martin Luther King Day 8. Thanksgiving Day 9

3. Presidents' Day 9. Day after Thanksgiving 10

4. Memorial Day 10. Day before or day after Christmas 11

5. Independence Day 11. Christmas Day 12

6. Labor Day 13

14

All less than full-time employees shall receive the following paid holidays: 15

16

1. New Year's Day 7. Veterans' Day 17

2. Martin Luther King Day 8. Thanksgiving Day 18

3. Presidents' Day 9. Day after Thanksgiving 19

4. Memorial Day 10. Christmas Day 20

5. Independence Day (Active payroll only) 11. Day before or day after Christmas 21

6. Labor Day 22

23

Section 8.1.1. 24

Eligible employees shall receive pay equal to their normal work shift at their regular rate in 25

effect at the time the holiday occurs. Employees, who are on the active payroll assigned to 26

work the day before and the day after the holiday, and not on leave of absence, shall be eligible 27

for pay for such unworked holiday. Exception: Personal Leave may not be used to extend a 28

holiday period unless preapproved by the Superintendent. 29

30

Section 8.1.2. Worked Holidays. 31

Employees who are required to work on the above described holidays shall receive the pay due 32

them for the holiday, plus one and one-half (1½) their base rate for all hours worked on such 33

holidays. 34

35

Section 8.1.3. Holidays During Vacation. 36

Should a holiday occur while an employee is on vacation, the employee shall be allowed to 37

take one extra day of vacation with pay in lieu of the holiday as such. 38

39

Section 8.1.4. 40

Holidays paid for but not worked shall not be recognized as time worked for the purpose of 41

determining weekly overtime. 42

43

Section 8.1.5. 44

Per RCW 1.16.050. Employees are entitled to two (2) unpaid holidays per calendar year for 45

reasons of faith or conscience or for organized activities of a religious denomination, church, or 46

religious organization as per State Law. The District shall allow an employee to take an unpaid 47

holiday unless the employee’s absence would impose an undue hardship on the employer or the 48



employee is necessary to maintain public safety. The Office of Financial Management must 1

establish a definition for undue hardship. 2

3

Section 8.2. Vacations. 4

Only regular full-time employees earn paid vacation at the following rates: 5

6

7

Years Completed Vacation 8

0 - 2 Years 5 Days 9



10 + Years 20 Days 12

20 + Years 22 Days 13

14

Experience for earned vacation shall be granted on September 1 of each year. 15

16

Even though vacation time is front-loaded at the beginning of the year, earned vacation time shall 17

accrue on a monthly basis from the date of employment by the District. Employees who work in excess 18

of 1,040 hours in their first year of employment shall be given credit for a full year of experience with 19

respect for earned vacation rates. 20

21

Earned vacation credit may be expended in one-half (1/2) hour increments. 22

23

Section 8.2.1. 24

All hours worked will be counted in the computation of vacation credit, and hours worked at 25

premium rates shall be counted as straight-time hours in such computation. For every regular 26

work day from which an employee is absent due to a holiday, or compensated leave, the hours 27

of the employee's normal work shift shall be credited as if worked. 28

29

Section 8.2.2. 30

Time on layoff and time on authorized leave of absence will be counted as continuous service 31

for the purpose of establishing and retaining eligibility dates. 32

33

Section 8.2.3. Full-Time Vacation Entitlement and Carryover. 34

Vacation credit should be used during the year in which it was earned. A maximum of ten (10) 35

days may be carried over to the following year; provided, however, no employee shall be 36

denied accrued vacation benefits due to District employment needs. Vacation time will be 37

assigned according to seniority when requests are made by May 1 to the supervisor, and will 38

normally be taken during the summer months, unless otherwise agreed to by the District and 39

the employee. After May 1, vacation requests will be granted on a first come, first serve basis. 40

Employees in positions crucial to the maintenance and repair of school buildings, buses, and 41

equipment shall take a maximum of two (2) weeks’ vacation during the summer. Vacation may 42

only be taken during Christmas break and Spring break with the prior approval of the 43

supervisor. 44

45

46

47

48



A R T I C L E I X 1

2

CLASSIFIED PERSONNEL LEAVE 3

4

Provisions for absence from work with pay will be granted under the following terms. 5

6

Section 9.1. 7

Each employee shall accumulate twelve (12) days of sick leave per year for illness or injury. Sick 8

leave shall be vested when earned and may be accumulated up to the maximum allowable under State 9

law. The District shall project the number of days due to each employee at the beginning of each 10

school year and give the employee an accounting of their current sick leave balance. Sick leave 11

benefits shall be paid on the basis of the employee's hourly rate applicable to the employee's normal 12

daily work shift at the time the sick leave is taken. See Addendum I for requirements. 13

14

Section 9.1.1. Sick Leave Attendance Incentive Program. 15

In January of the year following any year in which a minimum of sixty (60) days of leave for 16

illness or injury is accrued, and each January thereafter, any eligible employee may exercise an 17

option to receive remuneration for unused leave for illness or injury accumulated in the 18

previous year at a rate equal to one (1) day's monetary compensation of the employee for each 19

four (4) days of accrued leave for illness or injury in excess of sixty (60) days. Leave for 20

illness or injury for which compensation has been received shall be deducted from accrued 21

leave for illness or injury at the rate of four (4) days for everyone (1) day's monetary 22

compensation. Any employee who uses three (3) days or less of sick leave during the school 23

year will be paid one (1) extra day's pay with their last paycheck of the contract year. 24

25

Section 9.1.2. 26

At the time of separation from school district employment due to retirement or death, an 27

eligible employee or the employee's estate shall receive remuneration at a rate equal to one (1) 28

day's current monetary compensation for each four (4) days accrued leave for illness or injury. 29

30

Section 9.1.3. 31

If an employee is absent for five (5) or more consecutive workdays, a doctor’s note will be 32

required releasing an employee back to work. 33

34

Section 9.1.4. Leave Sharing. 35

Leave sharing shall be governed by RCW 28A.400.380 and WAC 392-126-080 and WAC 392-36

126-085 subject to the following: 37

38

1. Only whole day leave segments may be transferred. 39

2. Unused shared leave shall be returned to the employee. If there are multiple donors, the 40

time will be used on a first in first used basis and returned on a last in first returned basis. 41

3. The employee donating sick leave cannot reduce their sick leave balance below twenty-two 42

(22) days. The employee donating annual vacation leave cannot reduce their annual 43

vacation leave balance below ten (10) days. 44

45

Section 9.2. Family Medical Leave Act. 46

Family illness leave is provided pursuant to the Family Medical Leave Act. Employees shall be 47

provided with an aggregate of twelve (12) weeks of accumulated sick leave and unpaid leave of 48



absence for illness within the employee’s immediate family for a serious health condition requiring 1

full-time or part-time attention by the employee. All FMLA leave will run concurrently with the 2

employee’s use of accumulated sick leave until all sick leave is exhausted. 3

4

When the sick leave accumulation has been exhausted, then all remaining days of FMLA leave may be 5

taken concurrently with other paid leave at the employee’s discretion. If this employee has no other 6

paid leave available or chooses not to use other paid leave, the FMLA leave will be without pay. 7

8

Section 9.3. 9

In the event of death in an employee’s or spouse’s immediate family*, the employee shall be allowed 10

up to three (3) days with pay for in-state, and five (5) days for out-of-state. An employee shall be 11

allowed up to one (1) day with pay to attend the funeral of a close friend. The employee will minimize 12

the impact on the Districts operations by limiting such absence to the actual time necessary to attend 13

the service. In the event of special circumstances, additional days may be granted upon request to the 14

Superintendent. Such bereavement leave shall not be deducted from sick leave. 15

16

*Immediate Family to mean: Spouse, spouse's grandparents, parents, children, step-children, 17

daughter-in-law, son-in-law, step-parent, grandparent, grandchild, parent-in-law, and siblings of the 18

classified employee. The District will recognize the Domestic partnership as defined in RCW 26.30. 19

20

Section 9.4. Personal Leave. 21

Every employee shall have two (2) days with full pay each year except that employees hired after 22

January 31st will receive one (1) day for that school year. An employee may carry over one (1) paid 23

personal leave day. No more than two (2) personal leave days may be used consecutively. Personal 24

leave will not be used (a) to extend holidays and vacations, except in special circumstances with 25

permission from the superintendent, (b) to perform in other employment or commercial ventures, 26

and/or (c) for recreation. Such leave may not be used by probationary employees. Employees hired on 27

or before September 1, 1984 shall receive one (1) additional non-cumulative day of personal leave. 28

Employees may cash out annually up to two (2) days of personal leave at full pay, with notification to 29

the District by August 10th for payment at the end of August. 30

31

Section 9.4.1. 32

For reasons of verifiable emergency, one (1) day with full pay per year is allowed. Such 33

emergency leave shall be deducted from sick leave. Leave provided for in Section 9.4. must 34

first be exhausted before using this leave. 35

36

Section 9.5. 37

In the event an employee is selected for duty on a jury or a subpoena is issued to an employee to 38

appear as a disinterested party or witness in a court of law, the employee shall be reimbursed for any 39

loss of salary incurred while performing such services. The pay reimbursement shall be: The 40

employee shall turn over the amount received from witness fees to the School District and receive his 41

regular pay. This does not include travel allowance. 42

43

Section 9.6. 44

The District shall reimburse for out of pocket cost to bus drivers, a maximum of fifty dollars ($50.00) 45

for compulsory physical examinations required by the State. The District will pay the actual cost of 46

any physical examination required by the District. However, if an Occupational Clinic contracted by 47



the District is used, the complete cost of the compulsory physical examination required by the state 1

would be paid by the District. 2

3

Section 9.7. 4

Initial Food Handlers Permits (FHP), are required for all Food Service positions prior to employment. 5

Required re-certification will be paid by the District. When a mandatory change in job duties are 6

required by the District, the cost of the FHP will be paid by the District. If an employee voluntarily 7

requests a change in assignment which requires a FHP, the initial cost is the responsibility of the unit 8

member. 9

10

Section 9.7.1. 11

Shall a Food Service Employee elect to become a member of the School Nutrition Association, 12

the employee shall pay the cost of the initial membership and the cost of initial certification if 13

the employee desires to become certified. Thereafter, the District shall pay the cost of the 14

yearly membership renewal only. For reimbursement of costs by the District, employees who 15

are members of the School Nutrition Association shall provide yearly evidence of professional 16

development because of membership. 17

18

Section 9.8. Leave of Absence. 19

Upon recommendation of the immediate supervisor, and approval by the Board of Directors, an 20

employee may be granted a leave of absence for a period of one (1) year for an approved course of 21

study, family emergency or health reasons. Leaves of absence will not be considered for personal 22

travel or the pursuit of temporary alternate employment; provided, however, if such leave is granted 23

due to extended illness, one (1) additional year may be granted. The returning employee will be 24

assigned to a comparable position within the District, the same or similar to that occupied before the 25

leave of absence. Employees hired to fill the position of the person on leave will be hired for a specific 26

temporary period of time and will be subject to all provisions of this Agreement. The employee on 27

leave will retain accrued sick leave, vested vacation rights, and seniority rights while on leave; 28

however, these rights will not continue to accrue while the person is on leave. There will be no early 29

return from a leave without District approval. 30

31

Section 9.9. Maternity Leave. 32

Upon application for maternity leave, the District shall grant such time as necessary as the employee 33

and her medical advisor deem necessary. Employees granted maternity leave must return to work no 34

later than one (1) year following the granting of the leave. Employees granted maternity leave may, at 35

their option, be allowed compensation for maternity leave in accordance with Section 9.1. to a 36

maximum of sixty (60) days for sick leave. Before returning to work, the employee must be certified 37

by her physician as able to return to work. 38

39

Section 9.10. Paternity Leave. 40

A male employee, upon request, shall be granted up to three (3) days leave, with pay, on or about the 41

date of the birth of his child. 42

43

Section 9.11. 44

All leave provisions contained in this Agreement shall be in accordance with District procedures. 45

Employees taking unauthorized leave may be subject to discipline and/or discharge. 46

47



Section 9.12. 1

Employees shall be authorized leave for military reserve or National Guard annual active duty for 2

training. Reimbursement for approved military leave shall not be required. 3

4

Section 9.13. Unpaid Leave. 5

All unpaid leave must be approved by your immediate supervisor and the Superintendent. All unpaid 6

leaves will be deducted from the next available paycheck. 7

8

9

10

A R T I C L E X 11

12

PROBATION, SENIORITY AND LAYOFF PROCEDURES 13

14

Section 10.1. 15

The seniority of an employee within the bargaining unit shall be established as of the date on which the 16

employee began continuous daily employment (hereinafter "hire date") unless such seniority shall be 17

lost as hereinafter provided. 18

19

Section 10.2. 20

Each new hire shall remain in a probationary status for a period of not more than ninety (90) 21

consecutive workdays following the hire date. During this probationary period, the District may 22

discharge such employee at its discretion. 23

24

Section 10.2.1. 25

Each probationary employee who was hired into a new position either within their current 26

classification or into a position in another classification will remain in probationary status to be 27

extended in the new position for a period of not more than forty-five (45) additional 28

consecutive workdays. 29

30

Section 10.3. 31

Employees will be subject to all rights and duties contained in this Agreement starting with their hire 32

date. 33

34

Section 10.4. 35

Seniority rights of an employee shall be lost for the following reasons: 36

37

A. Resignation from the District; 38

B. Discharge for justifiable cause; 39

C. Retirement; 40

D. Twelve (12) consecutive months of layoff; 41

E. Change in classification within the bargaining unit; or 42

F. Employees who change job classifications within the bargaining unit at the District's direction 43

shall retain their seniority in the previous classification for a period of ninety (90) workdays. 44

45

46

47

48



Section 10.5. 1

Seniority rights shall not be lost nor accrue for the following reasons, without limitation: 2

3

A. Time lost by reason of industrial accident, industrial illness or judicial leave; 4

B. Time on leave of absence granted for the purpose of serving in the Armed Forces of the 5

United States; or 6

C. Time spent on other authorized leaves. 7

8

Section 10.6. 9

Seniority rights shall be effective within the general job classification. As used in this Agreement, 10

general job classifications are those set forth in Article I, Section 1.3. 11

12

Section 10.7. 13

The employee with the earliest hire date shall have ABSOLUTE seniority rights regarding vacation 14

periods and special services (including overtime). The employee with the earliest hire date shall have 15

PREFERENTIAL seniority rights regarding promotions, assignments to new or open jobs or positions, 16

and layoffs when ability and performance are substantially equal to junior employees, and regarding 17

SHIFT SELECTION WHEN OPEN POSITIONS EXIST. 18

19

If the District determines that seniority rights should not govern because a junior employee possesses 20

ability and performance substantially greater than a senior employee or senior employees, the District 21

shall set forth in writing, to the employee or employees and the organization's conference committee 22

chairperson its reasons why the senior employee or employees have been bypassed. 23

24

Section 10.7.1. Seniority Ties. 25

In any case where seniority is equal, the employee with the earliest hire date will have seniority 26

in their classification. In the event of a further tie, the employee with the earliest date of 27

application for District employment shall have seniority. All employees with the same 28

application date will have seniority determined by drawing lots. 29

30

Section 10.8. 31

The District will determine if a vacated position is to be filled. Within ten (10) business days of the 32

District’s determination to fill an open position, the District shall post the position and notify the 33

Chapter President of the posted position. The District shall publicize the open position concurrently 34

both internal and external to the District. The open position shall be advertised for a minimum of five 35

(5) business days before a selection is made. The selection shall be made in accordance with Section 36

10.7. above. Once a candidate is selected, the candidate will be placed in the position within twenty 37

(20) business days of the selection. The District is responsible for assuring all jobs are posted on the 38

District’s website. Business days are defined as days the District Administrative office is open for 39

business. 40

41

Section 10.8.1. 42

If a regular driver fills a temporary position, his/her position will be posted as a temporary 43

position and filled by a qualified regular employee or a substitute driver. 44

45

All regular drivers affected by a temporary move will return to their former positions and 46

appropriate rates of pay when the temporary position has expired. 47

48



Section 10.9. 1

Layoff shall be by seniority within the job classification. In the event of layoff, employees so affected 2

are to be placed on a re-employment list maintained by the District according to seniority ranking. 3

Such employees are to have priority in filling an opening in the classification held immediately prior to 4

layoff. Names shall remain on the re-employment list for one (1) year; provided, however, that the 5

employee is competent in his job and can satisfactorily perform the work required. Employees who 6

have been laid off must maintain a current up-to-date address with the District to be considered for 7

recall. Employee recall rights shall be forfeited by failure to maintain a current address. If employees 8

do not respond to offer of re-employment within three (3) work days, rights to re-employment are 9

forfeited. 10

11

The term “layoff” as used herein refers to the action of the District to reduce the number of employees 12

in the District over and above attrition and due to demonstrated financial reasons, including: 13

14

1. Staff reduction necessitated by enrollment decline. 15

2. Failure of special levy elections or other events resulting in a significant reduction in revenue. 16

3. Discontinuance of programs. 17

18

Section 10.9.1. 19

Employees on layoff shall retain their seniority and accrued benefits except for insurance 20

benefits for purposes of recall for a period of one (1) year. Any employee on layoff for more 21

than one (1) year shall lose his\her seniority layoff eligibility and any further rights under this 22

provision. A written letter of intent to remain on the list must be on file in the Human 23

Resources Department by June 1 each year. 24

25

Section 10.10. Recall. 26

When openings within the bargaining unit occur, employees on the re-employment list will be given 27

the opportunity to fill the open position, after the position has first been offered to regular employees. 28

They shall be called in order of seniority for a position for which they meet the qualification and the 29

needs of the District. No substitute employee will be offered a regular position before a qualified 30

employee in layoff status. Notices of recall shall be either sent by certified or registered mail to the last 31

known address as shown on District records, by telephone to the last known telephone number shown 32

on District records, or by personal contact with the employee’s signature. The recall notification shall 33

state the assignment, time and date on which the employee is to report back to work. It shall be the 34

employee’s responsibility to keep the District notified as to his/her current mailing address and 35

telephone number. A recalled employee shall be given three (3) workdays to notify the District of 36

his/her intention to return to work. 37

38

Section 10.10.1. 39

Employees on layoff status shall file their addresses in writing with the personnel office of the 40

District and shall thereafter promptly advise the District in writing of any changes of address. 41

42

Section 10.10.2. 43

Employees offered reemployment shall be notified in writing by certified mail. Such employee 44

shall have ten (10) calendar days to respond to the offer. If the employee fails to respond within 45

the timeframe they will forfeit employment rights. 46

47



Section 10.11. 1

The District will inform in writing and verbally explain to employees that insurance benefits can be 2

maintained during layoff, provided the employee pays the premium. 3

4

Section 10.12. 5

Employees who have been laid off will be given the opportunity to substitute and will be paid at the 6

substitute rate. Employees who wish to substitute must notify the District and upon such notification 7

will be called to substitute in positions for which they are qualified. Employees who refuse such 8

employment will be responsible to notify the District when they wish to be considered for future 9

assignment. 10

11

12

13

A R T I C L E X I 14

15

DISCIPLINE AND DISCHARGE OF EMPLOYEES 16

17

Section 11.1. 18

The District shall have the right to discipline or discharge an employee for justifiable cause. The issue 19

of justifiable cause shall be resolved in accordance with the grievance procedure hereinafter provided. 20

The District recognizes the following forms of progressive discipline: Verbal reprimand, written 21

reprimand, suspension and termination. The District may implement progressive discipline as 22

appropriate to the conduct of the employee. 23

24

Section 11.1.1. Investigatory Interviews/Disciplinary Actions. 25

In the event formal investigatory interviews are to be conducted, each employee has the right to 26

the following information prior to such interview: 27

28

A. Written notice twenty-four (24) hours, one (1) workday prior to any meeting. 29

B. The District reserves the rights to bypass the twenty-four (24) hour notice if the 30

accusations are severe in nature. 31

C. Purpose of meeting. 32

33

Section 11.2. 34

Should the District decide to discharge or lay off any non-annual employee, the employee shall be so 35

notified in writing prior to the expiration of the school year. 36

37

Section 11.2.1. 38

Nothing contained herein shall be construed to prevent the District from discharging an 39

employee for acts of misconduct occurring after the expiration of the school year. 40

41

Section 11.2.2. 42

The District normally will give employee's two (2) weeks’ notice of intention to discharge or 43

layoff. 44

45

46

47

48



A R T I C L E X I I 1

2

INSURANCE AND RETIREMENT 3

4

Section 12.1. Insurance Benefits. 5

The District agrees to provide the full state allotment for employee benefits, per month, for twelve (12) 6

months, for each full-time equivalent employee working 1,440 hours or more in the bargaining unit and 7

a prorated amount of the same for all regular part-time employees in a pool of funds to be used for the 8

purchase of insurance benefits. The District will pay the monthly contribution to the State Health Care 9

Authority (“HCA”). In addition, the District agrees to contribute to the insurance pool a total of fifteen 10

thousand dollars ($15,000.00). 11

12

Coverage for new employees shall begin after the first full calendar month of employment and shall 13

continue for all months worked during the year. If any employee hired during the school year should be 14

a replacement for an employee terminating, then the new employee may elect insurance options to be 15

paid by the pool, but only up to the amount of a pool contribution that does not exceed the pool 16

contributions made to the terminating employee for whom he/she is a replacement. Employees who 17

work two (2) hours per day and were hired before August 31, 2013, will be grandfathered to receive 18

prorated eligible benefits. Employees hired after August 31, 2013, working four (4) hours per day, shall 19

be eligible for prorated insurance benefits. 20

21

Notwithstanding, new employees may pay for any insurance options not covered by a pool contribution 22

by taking a payroll deduction to cover the cost. Any employee terminating employment shall be entitled 23

to continue receiving the District insurance contribution for the remainder of the calendar month in which 24

the contribution is effective. Husbands and wives who are both members of the bargaining unit may 25

combine their employer’s contributions to pay for selected benefits. 26

27

Any and all mandatory or optional coverages are subject to the pooling concept and its limitations. 28

29

All employees are required to participate in the dental and vision coverages provided by the District. 30

31

Section 12.2. 32

The District shall provide tort liability coverage for all employees’ subject to this Agreement. 33

34

Section 12.3. 35

The District shall make required contributions for State Industrial Insurance on behalf of all 36

employees’ subject to this Agreement. 37

38

Section 12.4. 39

In determining whether an employee subject to this Agreement is eligible for participation in 40

Washington State Department of Retirement System (DRS), the District shall report all hours worked. 41

42

Section 12.4.1. 43

Employee Retirement Contribution Deferral: The Employee Retirement Contribution to the 44

Washington State Department of Retirement Systems (DRS) shall be tax deferred in 45

accordance with applicable State rules and regulations. 46

47



Section 12.5. 1

All employees subject to this Agreement shall be entitled to participate in a tax shelter annuity plan 2

sponsored by the Prosser School District or other programs offered within guidelines established by the 3

School District. 4

5

6

7

A R T I C L E X I I I 8

9

ASSOCIATION MEMBERSHIP, CHECKOFF AND POLITICAL ACTION COMMITTEE 10

11

Section 13.1. 12

The Prosser Chapter of the Public School Employees of Washington SEIU/Local 1948 has been 13

recognized as the exclusive bargaining representative as per Section 1.3. of the Collective Bargaining 14

Agreement. 15

16

Section 13.1.1. 17

The District will notify the Association President of all new hires within ten (10) workdays of 18

the hire date. 19

20

Section 13.2. 21

The District agrees to accept dues authorizations via written, voice authorization or by E-signature in 22

accordance with “E-SIGN”. Public School Employees of Washington (PSE) will provide a list of those 23

members who have agreed to union membership via voice authorization. In addition, upon request, 24

access to the District to the .wav files associated with the voice authorization. PSE will be the 25

custodian of the records related to dues authorizations. PSE agrees that, as the custodian of the records, 26

it has the responsibility to ensure the accuracy and safe-keeping of those records. 27

28

Section 13.3. 29

Under Washington law, the employer will not discriminate, restraint, retaliate, coerce or interfere with 30

an employee’s right to join the Association. Nothing contained in this Agreement shall require Association 31

membership of employees. Shall an employee elect to revoke their membership it shall be done through the 32

Public School Employees of Washington. 33

34

Section 13.4. Political Action Committee. 35

The District shall, upon receipt of a written authorization form that conforms to legal requirements, 36

deduct from the pay of such bargaining unit employee the amount of contribution the employee 37

voluntarily chooses for deduction for political purposes and shall transmit the same to the Union on a 38

check separate from the Union dues transmittal check. Section 13.6. of the Collective Bargaining 39

Agreement shall apply to these deductions. The employee may revoke the request at any time. At 40

least annually, the employee shall be notified by the PSE State Office, about the right to revoke the 41

request. 42

43

Section 13.5. Hold Harmless. 44

The Association agrees to indemnify and save harmless the employer from any and all liability 45

resulting from the dues deduction system. 46

47



Section 13.6. Checkoff. 1

The District shall deduct PSE dues as provided above from the pay of any employee who authorizes 2

such deductions in writing pursuant to RCW 41.56.110. The District shall transmit all such funds 3

deducted to the Treasurer of the Public School Employees of Washington on a monthly basis. 4

5

6

7

A R T I C L E X I V 8

9

GRIEVANCE PROCEDURE 10

11

Section 14.1. 12

Grievances or complaints arising between the District and its employees within the bargaining unit 13

defined in Article I herein, with respect to matters dealing with the interpretation or application of the 14

Terms and Conditions of this Agreement, shall be resolved in strict compliance with this Article. 15

16

Section 14.2. Grievance Steps. 17

18

Section 14.2.1. Step I. Informal Meeting with Immediate Supervisor. 19

Employees shall first discuss the grievance with their Immediate Supervisor. If employees so 20

wish, they may be accompanied by an Association representative at such discussion. The 21

Immediate Supervisor shall have five (5) workdays from the date of the informal meeting to 22

respond, if an agreeable disposition is made all parties to the grievance shall sign it. All 23

grievances not brought to the immediate supervisor in accordance with the preceding sentence 24

within fifteen (15) workdays of the occurrence of the grievance shall be invalid and subject to 25

no further processing. 26

27

Section 14.2.2. Step II. Formal Meeting with Immediate Supervisor. 28

If the grievance is not resolved to the employee's satisfaction in accordance with the preceding 29

subsection, the employee shall reduce to writing, within five (5) workdays of the Step I, or ten 30

(10) workdays from the date of the meeting request (shall no meeting occur), a statement of the 31

grievance containing the following: 32

33

A. The facts on which the grievance is based; 34

B. A reference to the provisions in this Agreement which have been allegedly violated; and 35

C. The remedy sought. 36

37

The employee shall submit the written statement of grievance to the immediate supervisor for 38

reconsideration and shall submit a copy to the Superintendent. The parties will have five (5) 39

workdays from the date of the formal meeting or ten (10) workdays from the date of the 40

meeting request (shall no meeting occur) to resolve it by indicating on the statement of 41

grievance the disposition. If an agreeable disposition is made, the Immediate Supervisor shall 42

indicate the remedy in writing so that all parties to the grievance shall sign it. 43

44

Section 14.2.3. Step III. Formal meeting with Superintendent or Designee. 45

If no settlement has been reached within the five (5) workdays referred to in the preceding 46

subsection, and the Association believes the grievance to be valid, a written statement of 47

grievance shall be submitted within ten (10) workdays of the formal Step II meeting or 48



grievance filing date; to the District Superintendent or the Superintendent's designee. After the 1

formal Step III meeting, the parties will have ten (10) workdays to resolve it by indicating on 2

the statement of grievance the disposition. If an agreeable disposition is made, the 3

Superintendent shall indicate the remedy in writing so that all parties to the grievance shall sign 4

it. 5

6

Section 14.2.4. Step IV. Formal meeting with the Board of Directors. 7

If no settlement has been reached within ten (10) workdays of the formal meeting with the 8

Superintendent, or grievance filing date; as referred to in the preceding paragraph, and the 9

Association believes the grievance to be valid, a written statement of grievance shall be 10

submitted within ten (10) workdays to the District Board of Directors. The Board shall hear the 11

grievance at its next regular meeting. After the Board's meeting, they will render their written 12

decision within ten (10) workdays. 13

14

Section 14.2.5. Step V. Arbitration 15

If the Association is not satisfied with the disposition of the grievance by the Board within five 16

(5) workdays after receipt of same, or if no disposition has been made within the period above 17

provided, the grievance may be submitted before an impartial arbitrator. The Association shall 18

exercise its right of arbitration by giving the Superintendent written notice of its intention to 19

arbitrate within twenty (20) work days of receipt of the written disposition of the Board. If the 20

parties cannot agree as to the arbitrator within five (5) calendar days from the notification date 21

that arbitration will be pursued, the arbitrator shall be selected from a list of PERC arbitrators. 22

The Board and the Association shall not be permitted to assert in any such arbitration any 23

evidence not previously disclosed to the other party. The decision of the arbitrator shall be 24

final and binding upon both parties. 25

26

Section 14.2.6. Arbitration Costs. 27

Each party shall bear its own costs of arbitration, including attorney fees, except that the fees 28

and charges of the arbitrator, if any, shall be shared equally by the parties. 29

30

Section 14.2.7. Jurisdiction of The Arbitrator. 31

The arbitrator shall have no power to alter, add to, or subtract from the terms of this 32

Agreement. The arbitrator shall confine his inquiry to specific areas of the Agreement as cited 33

in the grievance form. The arbitrator shall make no awards nor substitute his knowledge for the 34

expressed provisions of the contract under question. The arbitrator shall rule exclusively as to 35

the compliance or non-compliance of the Collective Bargaining Agreement. Upon request of 36

either party, the merits of a grievance and the substantive and procedural arbitrability issues 37

arising in connection with that grievance may be consolidated for hearing before an arbitrator, 38

provided the arbitrator shall not resolve the question of "arbitrability" of a grievance prior to 39

having heard the merits of the grievance. The decision of the arbitrator may be entered in any 40

court of competent jurisdiction should either party fail to implement the decision. 41

42

Section 14.3. Time Limits. 43

The time limits provided in this Article shall be strictly observed unless extended by written agreement 44

of the parties. In the event a grievance is filed after May 15 of any year, the Board shall use its best 45

efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. 46

Failure of the Association to proceed with its grievance within the times hereinbefore provided shall 47

result in the dismissal of the grievance. Failure of the Board or its representatives to take the required 48



action within the times provided shall entitle the Association to proceed to the next step on the 1

grievance procedure. 2

3

Section 14.4. Grievance and Arbitration Hearings. 4

All hearings or conferences pursuant to this grievance procedure shall be scheduled at a time and place 5

which will afford a reasonable opportunity for all parties entitled to attend to be present, including any 6

and all witnesses. 7

8

Section 14.5. Continuity of Grievance. 9

Notwithstanding the expiration of this Agreement, any claim or grievance arising hereunder may be 10

processed through the grievance procedure until resolution. 11

12

Section 14.6. 13

The grievance or arbitration shall take place whenever possible on school time. The employer shall 14

not discriminate against any individual employee or the Association for taking action under this 15

Article. 16

17

18

19

A R T I C L E X V 20

21

SALARIES, PROFESSIONAL DEVELOPMENT AND EMPLOYEE COMPENSATION 22

23

Section 15.1. 24

Employees shall be compensated in accordance with the provisions of this Agreement for all hours 25

worked. Each employee shall receive a full accounting and itemization of authorized deductions, 26

hours worked, and rates paid with each paycheck. This information shall be current through the last 27

day of the previous month. 28

29

Section 15.2. 30

Salaries for employees’ subject to this Agreement, during the term of this Agreement, are contained in 31

Schedule A attached hereto and by this reference incorporated herein. 32

33

Section 15.2.1. 34

Salaries contained in Schedule A shall be for the entire term of this Agreement, subject to the 35

terms and conditions of Article XVI, Section 16.3. Should the date of execution of this 36

Agreement be subsequent to the effective date, salaries, including overtime, shall be retroactive 37

to the effective date. 38

39

Section 15.2.2. 40

Retroactive pay, where applicable, shall be paid on the first regular payday following execution 41

of this Agreement if possible and in any case not later than the second regular payday. In the 42

case of retroactive pay resulting from negotiations pursuant to Article XVI, Section 16.3, such 43

retroactive pay shall be paid on the first regular payday following agreement on such schedule, 44

if possible and in any case not later than the second (2nd) regular payday. 45

46



Section 15.2.3. 1

Incremental steps where applicable shall take effect on the first (1st) workday of each school 2

year during the term of this Agreement. Employees hired after February 1st will remain on the 3

first (1st) year step for the following year. 4

5

Section 15.2.4. 6

Employees who change job positions or classifications shall go to the next higher dollar amount 7

on Schedule A in the new job position or classification from their present salary step. 8

9

Section 15.2.5. 10

Substitutes and temporary employees are paid at the first (1st) year step on salary Schedule A. 11

12

Section 15.2.6. 13

Employees will be paid two (2%) percent of the third (3rd) year rate on Schedule A after the 14

employee has completed ten (10) years of service with the District. Employees will be paid 15

three (3%) percent of the third (3rd) year rate in Schedule A after the employee has completed 16

fifteen (15) years of service with the District. Employees will be paid four (4%) percent of the 17

3rd year rate in Schedule A after the employee has completed twenty (20) years of service with 18

the District. Employees will be paid five percent (5%) of the third (3rd) year rate in Schedule A 19

after the employee has completed twenty-five (25) years of service with the District. 20

21

Section 15.2.7. 22

Employees in the Mechanic, Grounds, Maintenance and Custodial classifications may receive 23

fifty cents ($0.50) added to their base wage for one (1) certificate that is applicable to their 24

position. To qualify for this premium after September 1, 2015, the certification must have prior 25

supervisory approval. 26

27

Section 15.3. 28

Approved travel by the School District by which an employee is required to travel from one site to 29

another in a private vehicle during working hours shall be reimbursed for such travel on a per-mile 30

basis at the prevailing State rate. 31

32

Section 15.4. 33

Employees required to remain overnight on District business shall be reimbursed actual rates for 34

lodging and per diem rates for meals. 35

36

Section 15.5. 37

The District shall make every reasonable effort to provide specialized equipment needed to perform 38

work. Further, the District shall provide appropriate safety clothing and/or equipment as required by 39

regulation and/or statute in the areas of pesticide and chemical application and asbestos work and 40

abatement. 41

42

Section 15.5.1. 43

All employees required to apply chemicals shall receive proper training in the safe application 44

of said chemicals. 45

46



Section 15.6. 1

The District shall reimburse with like kind and quality any employee's equipment that is damaged, 2

destroyed or stolen on District property, provided that such equipment is used in the performance of 3

the employee's job and has been registered with the employee's immediate supervisor. 4

5

Section 15.7. 6

In cooperation with the Custodial-Maintenance staff, the District shall offer in-service training to 7

enable employees to improve their job-related skills. 8

9

Section 15.8. 10

All hours worked, including extra trips, shall be counted toward retirement credit for drivers. 11

12

Section 15.9. 13

The District shall provide coveralls for Transportation Mechanics and Food Service Custodian. 14

Building Maintenance and Grounds Personnel shall have the option of coveralls being provided by the 15

District or reimbursement up to one-hundred eighty dollars ($180.00) per school year for coveralls 16

and/or tools or other protective work clothes as defined by the IRS to include safety boots, safety 17

glasses, hard hats and work gloves. 18

19

Section 15.9.1. 20

The Transportation Mechanic and Assistant Mechanic will be reimbursed up to two hundred 21

fifty dollars ($250.00) per school year for the purchase of work-related tools. The employee 22

must complete an Employee Reimbursement Form and attach an itemized receipt as 23

documentation. This reimbursement will be taxable 24

25

Section 15.10. 26

The District will reimburse up to seventy dollars ($70.00) for every one (1) year for shoes for use by 27

Nutrition Services. The District will reimburse up to seventy dollars ($70.00) for every two (2) years 28

for rain/snow boots for inclement weather for use by the Paraeducators. 29

30

Section 15.11. 31

The District shall provide scrubs for employees who work with medically fragile Special Education 32

Students. 33

34

Section 15.12. Educational Increments. 35

Upon prior approval, an employee shall receive an annual stipend of one hundred forty dollars 36

($140.00) for every ten (10) clock hours/one-quarter credit completed up to a maximum of four 37

hundred twenty dollars ($420.00). Once awarded, such stipend shall be paid to the employee on an 38

annual basis as long as the employee remains in the bargaining unit. (No stipend will be paid if the 39

District pays for the training.) 40

41

Section 15.13. 42

Employees who are on District approved activities\events lasting longer than two (2) days (forty-eight 43

(48) hours) to include overnights shall receive a stipend of seventy-five dollars ($75.00) per day. 44

45

Section 15.14. 46

All bargaining unit employees are required to enroll in direct deposit of payroll. 47

48



Section 15.15. 1

The District and the Association Representatives will establish a committee to address staff 2

development. The District will provide up to five-thousand dollars ($5,000.00) per school year for 3

professional development (workshops, seminars, etc.). If this money is not exhausted in full, it shall be 4

rolled over and added to the allotment for the next contract year. The specific expenditures of these 5

funds will be determined jointly by a committee of two (2) District Administrators, designated by the 6

District and two (2) Association members, designated by the President of the Association. 7

8

Section 15.16. 9

Paraeducators requested to assist the teacher with any new curriculum will be provided training prior 10

to the implementation of the new curriculum. 11

12

13

14

A R T I C L E X V I 15

16

TERM AND SEPARABILITY OF PROVISIONS 17

18

Section 16.1. 19

The term of this Agreement shall be September 1, 2018 to August 31, 2022. 20

21

Section 16.2. 22

All provisions of this Agreement shall be applicable to the entire term of this Agreement 23

notwithstanding its execution date, except as provided in the following section. 24

25

Section 16.3. 26

This Agreement may be reopened and modified at any time during its term upon mutual consent of the 27

parties in writing; provided, however, that this Agreement shall be reopened annually to renegotiate 28

Schedule A, Section 12.1. Insurance, and each party may have one (1) reopener, provided further, that 29

this Agreement shall be reopened as necessary to consider the impact of any legislation or State 30

regulation enacted following execution of this Agreement which may arguably affect the terms and 31

conditions herein or create authority to alter personnel practices in public employment. 32

33

Section 16.4. 34

If any provision of this Agreement or the application of any such provision is held invalid, the 35

remainder of this Agreement shall not be affected thereby. 36

37

Section 16.5. 38

Neither party shall be compelled to comply to any provision of this Agreement which conflicts with 39

State or Federal statutes or regulations promulgated pursuant thereto. 40

41

Section 16.6. 42

In the event either of the two (2) previous sections is determined to apply to any provision of this 43

Agreement, such provision shall be renegotiated pursuant to Section 16.3. 44

45

Section 16.7. 46

This Agreement expressed here in writing constitutes the entire Agreement between the parties and no 47

oral statement shall be added to or supersede any of its provisions. 48



Section 16.8. 1

The salaries and benefits contained in the provisions of this Agreement are entered into subject to the 2

limitations imposed by State laws and regulations and by the Budget Appropriations Act and successor 3

legislation. 4

Should any changes, increases or decreases allowed by law, occur by legislative or judicial action, the 5

salaries and benefits contained in this Agreement shall be reopened for negotiations by either party in 6

the year in which changes in limitations occur. 7

8

It is the intent of the District to provide the maximum lawful compensation to members of the 9

bargaining unit. 10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43



Normal shift work performed on Saturday or Sunday will receive an additional fifty cents ($0.50) per hour.

Employees working night shifts (after 5:00 p.m.) will receive an additional fifty cents ($0.50) per hour.

Substitutes are paid at the first step of the salary schedule.

Employees hired after February 1st will remain on 1st year step for the following year.

Employees will be paid two percent (2%) above scale (from 3rd Year) after completing ten (10) years with the District three percent (3%)

after fifteen (15), four percent (4%) after twenty (20) years and five percent (5%) after twenty-five (25) years.

Certification: Fifty cents ($0.50) will be applied to the base wages for employees in the noted categories who possess certificates

applicable to their position – Mechanics, Grounds, Custodial and Maintenance. To qualify for premium after September 1, 2015, the

certification must have prior supervisory approval. See Section 15.2.7.

Schedule A

PROSSER SCHOOL DISTRICT #116

SEPTEMBER 1, 2018 - AUGUST 31, 2019

PARAEDUCATORS AND CLERKS 1st Yr 2nd Yr 3rd Yr 10yrs 15yrs 20yrs 25yrs

Office Assistant, Sub Caller $16.80 $17.43 $17.61 $17.97 $18.14 $18.32 $18.49

Home Visitor $19.27 $19.87 $20.03 $20.44 $20.64 $20.83 $21.04

Special Education, Health Room Asst. $16.70 $17.32 $17.49 $17.83 $18.02 $18.19 $18.37

Library Assistant $17.45 $17.98 $18.16 $18.52 $18.70 $18.88 $19.06

Instructional $16.58 $17.12 $17.29 $17.64 $17.81 $17.98 $18.16

Noon Duty $15.37 $15.97 $16.12 $16.45 $16.61 $16.78 $16.93

Computer Desktop Technician $21.64 $22.30 $22.49 $22.95 $23.16 $23.40 $23.61

Assessment/Program Records Technician $17.64 $18.30 $18.49 $18.86 $19.04 $19.22 $19.40

SLPA $20.62 $21.24 $21.45 $21.87 $22.09 $22.30 $22.52

FOOD SERVICE PERSONNEL Head Cook/Baker $17.15 $17.97 $18.12 $18.50 $18.67 $18.85 $19.03

Assistant Cook/Baker (PIC) $16.17 $16.93 $17.10 $17.44 $17.60 $17.79 $17.96

Cooks/Meal Accounting $15.57 $16.34 $16.51 $16.84 $17.01 $17.17 $17.34

FS Assistant/Office Assistant $15.57 $16.34 $16.51 $16.84 $17.01 $17.17 $17.34

MAINTENANCE AND CUSTODIAL Lead Custodian $19.07 $20.99 $21.18 $21.61 $21.82 $22.04 $22.25

Building Custodian $17.86 $18.94 $19.12 $19.51 $19.70 $19.89 $20.07

Food Service Custodian $18.86 $19.94 $20.12 $20.52 $20.72 $20.92 $21.12

Lead Maintenance N/A $26.04 $26.29 $26.81 $27.07 $27.33 $27.60

Maintenance $23.62 $24.44 $24.71 $25.20 $25.45 $25.70 $25.94

Lead Grounds $19.07 $20.99 $21.18 $21.61 $21.82 $22.04 $22.25

Grounds $18.18 $19.80 $19.98 $20.38 $20.58 $20.78 $20.98

Mower $14.68 $15.24 $15.39 $15.71 $15.85 $16.02 $16.16

TRANSPORTATION Mechanic N/A $25.93 $26.16 $26.68 $26.95 $27.21 $27.47

Assistant Mechanic $22.79 $23.73 $23.95 $24.43 $24.67 $24.91 $25.15

Serviceman $14.52 $15.23 $15.38 $15.69 $15.84 $16.01 $16.15

Bus Driver $19.54 $20.46 $20.66 $21.07 $21.28 $21.49 $21.69

Bus Monitor $15.00 $15.58 $15.74 $16.06 $16.21 $16.37 $16.53

Standby/Bus Washing/New Driver Training $14.51

OTHER Mail Courier $14.68 $15.24 $15.39 $15.71 $15.85 $16.02 $16.16



Addendum I 1

2

3

An employee is authorized to use paid sick leave for the following reasons: 4

5

(a) An absence resulting from an employee’s mental or physical illness, injury, or health 6

condition; to accommodate the employee’s need for medical diagnosis, care, or treatment of a 7

mental or physical illness, injury, or health condition; or an employee’s need for preventive 8

medical care; 9

10

(b) To allow the employee to provide care for a family member with a mental or physical illness, 11

injury, or health condition; care of a family member who needs medical diagnosis, care, or 12

treatment of a mental or physical illness, injury, or health condition; or care for a family 13

member who needs preventative medical care; and 14

15

(c) An employee is authorized to use paid sick leave for absences that qualify for leave under the 16

domestic violence leave act, chapter 49.76 RCW. 17

18

For purposes of this section, “family member” means any of the following: 19

20

(a) A child, including a biological, adopted, or foster child, stepchild, or a child to whom the 21

employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age 22

or dependency status; 23

24

(b) A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee 25

or the employee’s spouse or registered domestic partner, or a person who stood in loco 26

parentis when the employee was a minor child; 27

28

(c) A Spouse; 29

30

(d) A registered domestic partner; 31

32

(e) A grandparent; 33

34

(f) A grandchild; or 35

36

(g) A Sibling 37

38

39

40

41

42

43

44

45

46

47

48

Memorandum of Understanding (Appreciation Pay) April 23, 2020


M E M O R AN D U M O F U N D E R S T A N D I N G 1

2

THIS MEMORANDUM OF UNDERSTANDING SETS FORTH THE FOLLOWING AGREEMENT 3

BETWEEN PUBLIC SCHOOL EMPLOYEES OF WASHINGTON / SEIU LOCAL 1948, PROSSER 4

CHAPTER AND THE PROSSER SCHOOL DISTRICT #116 PURSUANT TO ARTICLE XVI, 5

SECTION 16.3. OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT. 6

7

8

9

10

11

Beginning March 17, 2020, the District agrees to pay Food Service employees an additional two 12

dollars ($2.00) per hour for the time employees are working on-site. Remaining contracted time would 13

be at the employee’s regular rate of pay. 14

15

16

17

18

19

20

21

This Memorandum of Understanding shall be in effect upon signatures and shall remain in effect until 22

the last day of the 2019-2020 school year. 23

24

25

26

27

28

PUBLIC SCHOOL EMPLOYEES OF 29

WASHINGTON / SEIU LOCAL 1948 30

31

PROSSER CHAPTER PROSSER SCHOOL DIST. #116 32

33

34

BY: (Signed by) BY: (Signed by) 35

Stacee Willard, Chapter President Matt Ellis, Superintendent 36

37

DATE: 4/28/2020 DATE: 4/28/2020 38

39

40

41

42

43

44

45

46

47

48

Memorandum of Understanding (Re-opening) September 9,2020

Prosser PSE / Prosser School District #116 Page 1 of 6

MEMORANDUM OF UNDERSTANDING 1

2


BETWEEN PUBLIC SCHOOL EMPLOYEES OF WASHINGTON/SEIU LOCAL 1948 PROSSER 4



7

The parties agree to the following regarding the impact of the re-opening of school due to the current 8

pandemic. COVID-19 presents unique health, family, disability and staffing challenges for the District 9

and its employees. The following provisions are included to provide clear, objective, and practical 10

options for the District and the employees facing those challenges. In all cases, strict compliance with 11

all relevant District safety and health rules will be an essential function of each employee’s job. 12

13

1. Employees with COVID-19/Suspected COVID-19: 14

Employees who have been diagnosed with COVID-19, or are experiencing symptoms of 15

COVID-19 and are seeking a medical diagnosis, may not come to work at a District work site 16

and may access any or all of the following benefits under the terms of the applicable collective 17

bargaining agreement (CBA) or law: 18

a. Emergency Paid Sick Leave (EPSL) under the federal Families First Coronavirus 19

Response Act (FFCRA), with possible supplementation up to the employee’s regular 20

daily salary if the employee’s salary exceeds the statutory EPSL cap ($511/day) by 21

other paid leaves identified below. 22

b. Leave for illness, injury, or emergency. 23

c. Shared leave. 24

d. Personal leave and/or vacation leave (after all other such leave has been exhausted). 25

e. Washington Paid Family Medical Leave (PFML), up to the employee’s regular daily 26

salary by other paid leaves identified herein. 27

f. Worker’s compensation (Under certain circumstances, claims from health care 28

providers and first responders involving COVID-19 may be allowed. Other claims that 29

meet certain criteria for exposure will be considered on a case-by-case basis.) 30

g. Family Medical Leave Act (unpaid leave except for continued health insurance 31

benefits). 32

h. Unpaid leave of absence for the period of the temporary disabling condition. 33

i. Long-term disability benefits. 34

j. Unemployment benefits. 35

36

2. Employees Quarantined Due to Possible Exposure to COVID-19: 37

Employees who have been advised by a public health agency to quarantine at home due to 38

possible exposure to COVID-19 may not come to work at a District work site and may access 39

any or all of the following benefits under the terms of the applicable collective bargaining 40

agreement (CBA) or law: 41

a. Alternative assignment for work/services which may be provided from home, if 42

available (see paragraph 10 below). 43

b. EPSL with possible supplementation up to the employee’s regular daily salary if the 44

employee’s salary exceeds the statutory EPSL cap ($511/day) by (a) paid administrative 45

leave if the quarantine was due to reported exposure at a District work site; or (b) other 46

paid leaves identified below if the quarantine was due to reported exposure elsewhere. 47



c. Paid administrative leave if the employee has exhausted EPSL, an alternative work 1

assignment for work/services provided at home is unavailable, and the quarantine was 2

due to reported exposure at a District work site. 3

d. Leave for illness, injury, or emergency. 4

e. Personal leave and/or vacation leave once all other leaves become exhausted. 5

f. Unpaid leave of absence for the period of the quarantine. 6

g. Unemployment benefits. 7

8

3. Employees Caring for Someone with COVID-19/Suspected COVID-19: 9

Employees who are caring for an individual who is subject to quarantine because that 10

individual has been diagnosed with COVID-19, or is experiencing symptoms of COVID-19 11

and is seeking a medical diagnosis, may not come to work at a District work site and may 12

access any or all of the following benefits under the terms of the applicable collective 13





employee’s salary exceeds the statutory EPSL cap ($200/day) by other paid leaves 18

identified below. 19

c. Leave for illness, injury, or emergency. 20

d. Shared leave. 21

e. Personal leave and/or vacation leave should all other leaves become exhausted. 22

f. Washington Paid Family Medical Leave (PFML), up to the employee’s regular daily 23

salary by other paid leaves identified herein. 24

g. Family Medical Leave Act (unpaid leave except for continued health insurance 25

benefits). 26

h. Unpaid leave of absence. 27

i. Unemployment benefits. 28

29

4. Higher Risk Employees: 30

Employees who are at higher risk of severe illness or death from COVID-19 may choose to 31

come to work at a District work site when required by the employee’s assignment or may 32

choose to access any or all of the following benefits under the terms of the applicable collective 33








d. Personal leave and/or vacation leave after all other types of leaves have been exhausted. 41

e. Unpaid leave of absence. 42

f. Unemployment benefits. 43

44

5. Higher Risk Individual in the Employee’s Household: 45

Employees who themselves are not at higher risk but have someone in the household who is at 46

higher risk of severe illness or death from COVID-19 [as that term is defined by the Governor’s 47

proclamation] may choose to come to work at a District work site when required by the 48



employee’s assignment or may choose to access any or all of the following benefits under the 1

terms of the applicable collective bargaining agreement (CBA) or law: 2





identified below. 7


d. Personal leave and/or vacation leave after all other leaves are exhausted. 9

e. Unpaid leave of absence. 10

11

6. Employees with Children Impacted by School Closure: 12

An employee who must care for the employee’s child because of a school closure or 13

unavailability of the care provider due to COVID-19 precautions may choose to come to work 14

at a District work site when required by the employee’s assignment or may choose to access 15

any or all of the following benefits under the terms of the applicable collective bargaining 16

agreement (CBA) or law: 17






c. Emergency Family and Medical Leave (EFML) under the FFCRA (partially unpaid, and 23

partially paid at 2/3 regular wages up to a maximum of $200/day) with possible 24

supplementation up to the employee’s regular daily salary by other paid leaves 25


d. Leave for illness, injury, or emergency. 27

e. Personal leave and/or vacation leave after all other leaves are exhausted. 28

f. Unpaid leave of absence. 29

30

7. Employees Who Cannot Wear a Mask or Other Required PPE: 31

An employee whose assignment requires work at a District work site and who cannot wear 32

personal protective equipment (PPE) required for the employee’s assignment, including but not 33

limited to a face mask, may choose to access any or all of the following benefits upon 34

presentation of appropriate documentation from the employee’s health care provider and under 35

the terms of the applicable collective bargaining agreement (CBA) or law: 36



b. Leave for illness, injury, or emergency. 39

c. Personal leave and/or vacation leave after all other leaves are exhausted. 40

d. Unpaid leave of absence. 41

e. Other accommodations identified through the interactive process of the Americans with 42

Disabilities Act (ADA) and the Washington Law Against Discrimination (WLAD). 43

44

8. Employees Who Choose to Not Wear a Mask or Other Required PPE: 45

An employee whose assignment requires work at a District work site and who does not have a 46

documented inability to wear PPE required for the employee’s assignment, including but not 47

limited to a face mask, but nevertheless does not wish to do so, may choose to access any or all 48



of the following benefits under the terms of the applicable collective bargaining agreement 1

(CBA) or law: 2



b. Personal leave and/or vacation leave. 5

c. Unpaid leave of absence. 6

7

9. Employees Who Otherwise Choose to Not Work at a District Work Site Due to Concern 8

for Safety: 9

An employee whose assignment requires work at a District work site and who does not fit 10

within the conditions of paragraphs 1-8 above, may choose to access any or all of the following 11

benefits under the terms of the applicable collective bargaining agreement (CBA) or law: 12



b. Personal leave and/or vacation leave. 15

c. Unpaid leave of absence. 16

17

Employees who allege their workplace is unsafe are encouraged to immediately report their 18

concerns to their supervisor and/or the workplace safety committee. Such employees may in 19

limited circumstances also have recourse through the Department of Labor & Industries under 20

WAC 296-36-150. 21

22

10. Alternative Work Assignments Provision – Temporary: 23

When an employee’s regular assignment requires work/services at a District work site and the 24

employee cannot work at a District work site on a temporary basis due to conditions under 25

paragraphs 1-9 above, the District will attempt to accommodate these circumstance by 26

assigning the employee to available work that can be provided remotely from home on the 27

condition that the employee is qualified, prepared and willing to provide such services. When 28

choosing from among multiple employees for the same available assignment, the District will 29

prioritize employees in the following order: 30

a. Employees who hold the appropriate training, licensing, endorsement, or other 31

qualifications for the position. 32

b. Employees with COVID-19/suspected COVID-19. 33

c. Employees quarantined due to possible exposure to COVID-19. 34

d. Employees caring for someone with COVID-19/suspected COVID-19. 35

36

If two (2) or more employees qualify for a temporary assignment under the priorities above, the 37

District will award the assignment on the basis of seniority. 38

39

11. Possible Limitations: 40

All the contractual, insurance and statutory leave benefits referenced above have specific rules 41

or external agencies that govern their application, and the terms of this agreement will be 42

interpreted consistent with those rules and agencies. Some of the leave entitlements may 43

require documentation from a health care provider. The leave entitlements within the FFCRA 44

(both EPSLA and EFMLA) currently expire December 31, 2020, and the parties agree to meet 45

prior to that date to reconsider whether the leave entitlements above will be amended. 46

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12. All employees will be required to wear facemasks. Disposable masks will be provided for those 1

who do not have a mask. In addition, plastic face shields will be provided if requested by the 2

employee, so long as it meets the requirements for safety by DOT, DOH or similar agency. 3

The employee must notify the District shall they need a special mask accommodation. The 4

District will make every effort to make the mask accommodation. 5

6

13. No employee in a high-risk category as indicated by DOH, L&I and CDC shall be required or 7

expected to assist with health screenings or work in an environment where students are not able 8

or willing to wear face masks and to maintain physical distancing of a least six feet. 9

10

14. Plastic partitions will be provided for high traffic areas. If an employee feels like a plastic 11

partition is needed and his or area has not been identified, he or she can request the purchase of 12

one from the district. 13

14

15. Employee can furnish a letter from their doctor that indicates higher levels of PPE are required 15

to ensure their safety. 16

17

16. Employees assigned to a work environment where students are not able or willing to wear face 18

masks and to maintain physical distancing shall receive medical grade PPE as indicated by 19

DOH, L&I and CDC. 20

21

17. Isolation or Safe Rooms: 22

No bargaining unit member, other than RNs and Health Room Assistants will be required to 23

supervise students in isolation or safe rooms where students will be sent that have Covid-19 24

symptoms until a parent arrives to take their child home. Staff that supervise students in 25

isolation or safe rooms will be provided medical grade PPE as indicated by DOH, L&I and 26

CDC. 27

28

18. Health Screenings: 29

The District will provide medical grade PPE and training to all Nursing staff and for other 30

employees assisting with Health Screenings as indicated by DOH, L&I and CDC. 31

32

19. Employees working remotely will have the ability to request technology from the district. This 33

includes but is not limited to a Cellular phone, computer, printer, etc. 34

35

20. Employees will receive training in relevant programs prior to being assigned a work related 36

task i.e. Skype, Zoom, Canvas, Etc. 37

38

21. Employees assigned to work primarily in an online learning setting will have the ability to 39

contact tech support during their working hours. 40

41

22. Employees who need to take a day off work for non-covid related reasons (sick, vacation, 42

personal, etc.) shall follow District procedures in requesting or taking the time. 43

44

23. The District will abide by social distancing guidelines of six (6) feet as well as guidelines 45

regarding the number of people in a room. 46

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Should any other conditions impact the working conditions of employees this MOU does not negate 1

the right to bargain such impacts. 2

3

4

5

6

7

This Memorandum of Understanding shall become effective upon signature of both parties and shall 8

remain in effect until the reopening of the buildings or the last day of the 2020-2021 school year. 9

10

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13

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15

16

PUBLIC SCHOOL EMPLOYEES 17

OF WASHINGTON/SEIU LOCAL1948 PROSSER SCHOOL DISTRICT #116 18

19

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BY: /Signed by/ BY: /Signed by/ 21

Stacee Heilman, Chapter President Craig Reynolds, Asst. Superintendent 22

23

24

DATE: 9/10/2020 DATE: 9/10/2020 25

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Memorandum of Understanding (Reductions) September 9,2020


MEMORANDUM OF UNDERSTANDING 1

2


BETWEEN PUBLIC SCHOOL EMPLOYEES OF WASHINGTON/SEIU LOCAL 1948 PROSSER 4



7

In order to address the current COVID-19 situation the parties agree to the following: 8

9

1. Employees that will be placed in layoff and will be notified by phone immediately by the District. 10

11

2. Employees that are in layoff will be paid through September 18, 2020, health, dental and vision 12

benefits will be covered until September 30, 2020. 13

14

3. Section 10.9. 15

Layoff shall be by seniority within the job classification. In the event of layoff, employees so 16

affected are to be placed on a re-employment list maintained by the District according to seniority 17

ranking. Such employees are to have priority in filling an opening in the classification held 18

immediately prior to layoff. Names shall remain on the re-employment list for one (1) year; 19

provided, however, that the employee is competent in his job and can satisfactorily perform the 20

work required. Employees who have been laid off must maintain a current up-to-date address 21

with the District to be considered for recall. Employee recall rights shall be forfeited by failure to 22

maintain a current address. If employees do not respond to offer of re-employment within three 23

(3) workdays, rights to re-employment are forfeited. 24

25

The term “layoff” as used herein refers to the action of the District to reduce the number of 26

employees in the District over and above attrition and due to demonstrated financial reasons, 27

including: 28

1. Staff reduction necessitated by enrollment decline. 29

2. Failure of special levy elections or other events resulting in a significant reduction in 30

revenue. 31

3. Discontinuance of programs. 32

33

4. Section 10.9.1. 34

Employees on layoff shall retain their seniority and accrued benefits except for insurance benefits 35

for purposes of recall for a period of one (1) year. Any employee on layoff for more than one (1) 36

year shall lose his\her seniority layoff eligibility and any further rights under this provision. A 37

written letter of intent to remain on the list must be on file in the Human Resources Department by 38

June 1 each year. 39

40

5. Section 10.10. Recall. 41

When openings within the bargaining unit occur, employees on the re-employment list will be 42

given the opportunity to fill the open position, after the position has first been offered to regular 43

employees. They shall be called in order of seniority for a position for which they meet the 44

qualification and the needs of the District. No substitute employee will be offered a regular 45

position before a qualified employee in layoff status. Notices of recall shall be either sent by 46

certified or registered mail to the last known address as shown on District records, by telephone to 47

the last known telephone number shown on District records, or by personal contact with the 48



employee’s signature. The recall notification shall state the assignment, time and date on which 1

the employee is to report back to work. It shall be the employee’s responsibility to keep the 2

District notified as to his/her current mailing address and telephone number. A recalled employee 3

shall be given three (3) workdays to notify the District of his/her intention to return to work. 4

5

6. Section 10.10.1. 6

Employees on layoff shall file their addresses in writing with the personnel office of the District 7

and shall thereafter promptly advise the District in writing of any changes of address. 8

9

7. Section 10.10.2. 10

Employees offered reemployment shall be notified in writing by certified mail. Such employees 11

shall have ten (10) calendar days to respond to the offer. If the employee fails to respond within 12

the timeframe, they will forfeit employment rights. 13

14

8. Section 10.11. 15

The District will inform in writing and verbally explain to employees that insurance benefits can 16

be maintained during layoff, provided the employee pays the premium. 17

18

9. Section 10.12. 19

Employees who have been laid off will be given the opportunity to substitute and will be paid at 20

the substitute rate. Employees who wish to substitute must notify the District and upon such 21

notification will be called to substitute in positions for which they are qualified. Employees who 22

refuse such employment will be responsible to notify the District when they wish to be considered 23

for future assignment. 24

25

10. Section 10.7. 26

The employee with the earliest hire date shall have ABSOLUTE seniority rights regarding 27

vacation periods and special services (including overtime). The employee with the earliest hire 28

date shall have PREFERENTIAL seniority rights regarding promotions, assignments to new or 29

open jobs or positions, and layoffs when ability and performance are substantially equal to junior 30

employees, and regarding SHIFT SELECTION WHEN OPEN POSITIONS EXIST. 31

32

If the District determines that seniority rights should not govern because a junior employee 33

possesses ability and performance substantially greater than a senior employee or senior 34

employees, the District shall set forth in writing, to the employee or employees and the 35

organization's conference committee chairperson its reasons why the senior employee or 36

employees have been bypassed. 37

38

11. Employees identified below as having reduced hours will be paid 2019-2020 school year 39

contracted hours at the 2.1% increase bargained for the 2020-2021 school year, through 40

September 18, 2020 and will not be required to work up to their 2019-2020 contracted time. 41

42

12. Employees in layoff shall cash out on the last paycheck: Vacation and personal leave shall they 43

have a balance. 44

45

13. The SharedWork program shall be made available to any impacted employees who qualify 46

through the Employment Security Department. The District will assist with the process. 47

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14. Layoffs and new job assignments are as follows: 1

2

Transportation Classification: 3

• Five (5) buses will run on Wednesday and Thursday and Six (6) buses on Tuesdays 4

and Fridays that will be delivering food to bus stops as well as homework packets, 5

technology, etc. 6

• There will be two (2) employees on the bus, a bus driver and food service employee to 7

collect and deliver the food on each bus route. A Bus Monitor may be utilized after all 8

Food Service employees have been exhausted. 9

• Assistant Mechanic will be placed on layoff but has the first right of refusal to hours 10

driving a bus route, as per seniority. 11

• Employees shall have the opportunity to obtain the largest routes/hours in order of 12

seniority. Routes shall be established no later than September 22, 2020. 13

• The schedule may be modified based on the ability of the Food Service Department to 14

provide five (5) meals per day and student counts. 15

16

Food Service Classification: 17

• Employees will be working Monday through Friday. 18

• Meals will still be available at Keene-Riverview and Housel Middle school for curbside 19

pickup. 20

• All meals will be delivered to students in the Whitstran area. 21

• The least senior five (5) food service classification employees will be distributing food 22

on the bus; hours may be reduced depending on need. 23

24

Maintenance and Custodial Classification: 25

• Maintenance will have no layoffs. 26

• Two (2) custodians will be in each building. Re-assignment to different buildings may 27

apply. 28

• One (1) groundskeeper position will be placed in layoff. (due to seniority provisions a 29

custodian will be placed as a groundskeeper). 30

• Three (3) custodial positions will be placed in layoff. Seniority provisions shall apply as 31

per the CBA. 32

• A fourth (4th) custodian has been assigned to work as a substitute for a custodian 33

currently on medical leave. If the employee returns to work, the fourth (4th) custodian 34

will be placed in a layoff status. 35

36

Paraeducators and Clerks Classification: 37

• Four (4) will be moved to help tutor at Boys and Girls Club with week split (Monday – 38

Thursday and Tuesday – Friday). 39

• Other Paraeducator/Clerks will be assigned to work with teachers and small groups, 40

preparing paper packets, bilingual support, intervention program, office assistant, parent 41

communication, district office support, speech, Freshman tutoring, one-on-one, home 42

visitor and/or any other assignment needed within the district. 43

• Five (5) total Paraeducator/Clerk classification employees shall be placed in layoff, four 44

(4) of which are the least senior. 45

46

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15. Employees in the Paraeducator/Clerk classification will be contacted by phone of their new job 1

assignment. If an employee refuses the new assignment, they will be placed on the layoff list, or 2

if applicable take a leave. Such refusals will be in writing by the employee. Left over job 3

assignments will then be offered to an employee from the list of laid off employees according to 4

seniority and qualifications. 5

6

16. The District will allow employees to take a voluntary layoff. 7

8

17. All employees with a new job assignment will receive the same wage as they were receiving 9

before the new assignment unless they are working in a higher paying position as per Section 10

7.6.2.1. 11

12

18. All seniority rights shall be adhered to and followed as per the CBA. 13

14

19. Employees in layoff shall have the right to substitute over outside candidates, as per Section 15

10.12. of the CBA. 16

17

20. As more hours come available, the District shall offer by seniority and availability. 18

19

21. Employees whose regular position requires Fundamental Course of Study (FCS) training shall still 20

be provided such training regardless if the temporary position requires such training. 21

22

22. The parties will meet prior to November 2, 2020 to revisit this MOU and whether or not to extend 23

or modify. 24

25

Should any other conditions impact the working conditions of employees this MOU does not negate 26

the right to bargain such impacts. 27

28

29

This Memorandum of Understanding shall become effective upon signature of both parties and shall 30

remain in effect until November 30, 2020. 31

32

33

34

35

PUBLIC SCHOOL EMPLOYEES OF 36

WASHINGTON / SEIU LOCAL 1948 37

38

PROSSER CHAPTER PROSSER SCHOOL DISTRICT #116 39

40

BY: /Signed by/ BY: /Signed by/ 41

Stacee Heilman, Chapter President Craig Reynolds, Assistant Superintendent 42

43

44

DATE: 9/10/2020 DATE: 9/10/2020 45

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Documents

PROSSER SCHOOL DISTRICT #116 - files.pseofwa.org CBA.pdf · Prosser PSE/Prosser School District #116 Page 2 of 33 1 Section 1.4.1. Seasonal Employees. 2 Seasonal employees shall be