GAEA - Protection for Bargaining Unit Members

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File: GAEA
PROTECTION FOR BARGAINING UNIT MEMBERS
The Board and the Association recognize a mutual responsibility in the area of teacher protection
as it relates to health and safety.
The Board shall give full legal support for any assault upon a bargaining unit member and where
they feel the bargaining unit member was acting properly in the discharge of that bargaining unit
member’s duties within the scope of employment.
When absences arise out of or from such assault or injury, the bargaining unit member shall not
forfeit any sick leave or personal leave.
The bargaining unit member’s absence resulting from injuries incurred in such assault will
receive salary while incapacitated during the waiting period for which no compensation is
allowed under Pennsylvania Workers’ Compensation Laws. The salary differentials between
monies paid under Workers’ Compensation and the bargaining unit member’s actual salary will
be paid by the Board for a period of thirteen (13) weeks. Requests for payment beyond this
period must be made in writing to the Superintendent through the appropriate building
administrator. Bargaining unit members injured in the performance of their duties shall not
forfeit any sick leave or personal leave.
The Board shall have the right to have the bargaining unit member examined periodically, at
Board’s expense, by a physician appointed by the Board for the purpose of establishing the
extent and approximate period of disability.
If criminal or civil proceedings are brought against a bargaining unit member under the
jurisdiction of the Board for any act of omission arising out of and in the course of the
performance of the duties of their employment and the bargaining unit member prevails in the
proceedings, the Board shall reimburse the member for reasonable counsel fees incurred through
legal defense.
PROCEDURE FOR REPORTING INCIDENTS:
Bargaining unit members shall report cases of assault suffered by them in connection with their
employment to their building administrator and/or Director of Human Resources as soon as
possible.
Such notification shall be immediately forwarded to the Superintendent who shall subsequently
comply with any reasonable request from the bargaining unit member for information in the
possession of the Superintendent relating to the incident or to the persons involved, and shall act
in appropriate ways as liaison between that bargaining unit member, proper law authorities, and
the courts.
Based on practice and adopted 1974; revised 1975; revised January 1980; revised 3/23/81;
revised 3/22/93
LEGAL REF: 24 P.S. 7-774
West Chester Area School District, West Chester, PA
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