March 30, 2010 – 3:30 p.m. – 6:30 p.m.
White
Location: District
Attendance: Audience:
Wanda McClure
Mike Bonner
Judy Croce
Malcom McRae
Bill Bechen
Stephanie White
Jason Foltz
Jill Schmitt
Barb Dussell
Karen Ross
Claudia Allgood
Donna Kellerman
I.
CALL TO ORDER – The meeting was officially started at 3:35 p.m.
II.
REVIEW GROUND RULES AND MAKE ANY NECESSARY CHANGES
The ground rules were reviewed and approved by the group.
III.
REVIEW MINUTES FROM LAST MEETING.
The minutes were reviewed and looked good.
Stephanie will post the summarized minutes on the District website once both groups have approved them.
IV.
ASSOCIATION PROPOSAL
Two-year contract, through June 30, 2012.
No changes to the Preamble and Articles 2, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 21, and 22.
Article 1 – Recognition
1.1.3 – Substitute – Strike the word ‘consecutive’ before work days for substitutes to become a temporary employee.
Article 4 – Association Rights
Add 4.10 – ‘Copies of Member Communication: The District shall provide the Association with copies of any communication between the District and bargaining unit members that pertain to wages, hours, benefits, and working conditions.’
Article 9 – Employment
9.1 – Working Hours –added language, ‘but regular work shifts shall not be split and hours shall remain contiguous.’ Also added ‘minimum hours for a classified employee will be set no less than four (4) contiguous hours per day.’
Strike 9.8 – Transfer.

Add 9.9 – ‘ Classification: All bargaining unit positions will be separated into one of six classifications. These classifications are Maintenance, Secretary, Cook, Custodian,
Instructional Assistant, and Day Care Providers.
Within each classification, there may be different positions with different rates of pay. The classifications and the related positions within each classification are listed in Appendix A-1 of this agreement.’
Add 9.10 – ‘Worksite Transfer: A worksite transfer is whenever a current employee is transferred into or accepts through a job offer the same position within the same classification at a different worksite. An employee subject to a worksite transfer retains his or her same step placement, seniority, and employment status (probationary or permanent) as was in place prior to the transfer .’
Add 9.11 – ‘Out of Classification Transfer: An out of classification transfer is when a current employee is transferred into or accepts through a job offer a position in a different classification from the one in which he or she is currently employed. An employee subject to an out of classification transfer shall be placed on Step 1 on the salary schedule for the appropriate position within the new classification provided that Step 1 is equal or greater than the employee’s prior rate of pay. If it is not equal to or greater, the employee will be placed at the next highest step where the equal to or higher condition is met. The employee retains his or her seniority and employment status (probationary or permanent), but will be subject to a twenty-six week classification transfer evaluation period. Step movement will occur at the normal 12 month interval.’
9.12 – Promotion – Strike current language and add new language.
‘Promotion: A promotion is defined as any time an employee is transferred into or accepts through a job offer a higher paying position within their current classification such as level II or head positions. An employee subject to a promotion shall be placed at the same step level in the new position as he or she held in the previous position prior to the promotion. The employee retains his or her seniority and employment status (probationary or permanent), but will be subject to a twenty-six week promotion evaluation period. Step movement will occur at the normal 12 month interval.’
9.13 – Unsuccessful Probation Classification Transfer or Promotion Evaluation
Period – Change language: ‘In the event a transferred or promoted employee an employee subject to classification transfer or promotion has not completed the probationary twenty-six week evaluation period satisfactorily, as demonstrated by the specific, deficient areas identified on the evaluation form, the following options will be considered as appropriate: ’
9.15 – In-House Substitutes – Change language: ‘If an employee is assigned to substitute in a job classification position other than his/her current assignment, the employee will receive probationary pay the Step I pay of the position being filled if that pay is greater than the employee’s current salary provided the Step I pay is greater than the employee’s normal rate of pay. In the event, the pay is not higher, the employee will be paid at the next highest step where the condition is met.’
Article 10 – Layoff/Recall
10.3 – Wage – Add language: ‘ If a current or recalled employee accepts a position that causes a reduction in wages due to either a reduction in hours or pay grade or that requires the employee to work a non-contiguous split shift, the employee shall remain on the recall list negotiations/classified/March 30, 2010 Page 2 of 9

until “made whole” or until the twenty-seven (27) month recall period ends. A laid off employee has the right to refuse a recall to a position with reduced wages or which requires a non-contiguous split shift without giving up recall rights.’
Article 17 – Salary
2010-2011 – 1% increase on the salary schedule.
2011-2012 – Starting the first pay period in April of 2012, an increase equal to the average of the 2011 National CPI-U and the 2011 Portland CPI-U (not less than 1.5%). with a floor of 1.5%.
17.6 - Classification – moved to Article 9.
Strike 17.7 – Pay Grade.
Article 18 – Insurance Benefits
2010-2011 – $75 increase.
2011-2012 - $75 increase.
Strike 18.4 – OEBB language.
Add New 18.4
‘The District shall pool the savings from any eligible employees who select insurance plans that have monthly costs that are less than the District’s monthly maximum contribution or who decline coverage via an opt-out. These pooled savings shall be equally distributed as an insurance contribution amongst members who select plans that exceed the amount of the District’s monthly contribution.’
18.5.2
– Strike first sentence limiting employee participation in opt out. Keep language that states that ‘ Opting out of benefit coverage is limited to the percentage of opt outs allowable by the plan provider.’
Strike 18.6 – Out of Pocket Health Expense Reimbursement.
Article 19 – Grievance Procedure
19.2.9
– Extend 10-day timeline to 20 days for the initial grievance filing.
19.3.2
– Extend 5-day timeline to 10 days for the immediate supervisor response and for the appeal to the immediate supervisor response.
19.3.3
– Extend 10-day timeline to 15 days for the Level 3 appeal to superintendent. Add language: ‘ This timeline may be mutually extended in the event that the parties have difficulty scheduling a hearing time.’
19.3.4
– Extend 5-day timelines to 15 days for the Association response to take to arbitration. Eliminate language that says that the arbitrator will issue ‘a decision not later than thirty (30) days’ and add ‘as soon as practicable’ .
Article 20 – Duration of Agreement
20.1 – Effective Date – Contract expires June 30, 2012. negotiations/classified/March 30, 2010 Page 3 of 9

20.2
– Strike current language and add new language. ‘The parties agree to put forth a good faith effort to begin negotiations for a successor agreement no later than March 15 th of 2012.’
Appendix A-1 – Change salary schedule to group positions by classification.
V.
DISTRICT PROPOSAL
No changes to Articles 2, 3, 5, 6, 7, 8, 21, and 22
Wanda McClure – Preamble, Article 1, Article 4, and Article 20
Preamble – Change the term ‘educational support personnel’ to ‘classified employees’ throughout the whole contract.
Article 1 – Recognition
1.1 – Bargaining Representative – Exclude grant funded positions, other than Title I and IDEA from the bargaining unit.
1.1.2 – Testing Proctors – Add language: ‘ Testing Proctors may substitute for absent employees in a classification other than Testing Proctor, but the substitute hours will not be considered in the calculation of total hours worked towards the 585 hours to qualify for benefits.
’
1.3 Contract Distribution – Change responsibility of getting copies out to each classified employees after the Contract is ratified from the District to the Association.
Article 4 – Association Rights
4.3 – Equipment Use – Add language, ‘ and use shall be at times that do not conflict with other District business.
’
4.4 – Building Use – Add language, ‘ and use shall be at times that do not conflict with other District business.
’
4.8 – Release Time – Negotiations Team Preparation – Limit the number of
Association bargaining unit members allowed to be released to three on any day. Limit negotiation members’ release time on any day to 16 hours per member annually.
4.9 – Release Time – Limit the total number of hours of release time for the whole group to 48 hours annually.
Article 20 – Duration of Agreement – 3 year contract.
Bill Bechen – Article 9, Article 11, and Article 12
Article 9 - Employment
9.2 - Overtime – Add language, ‘ Employees must receive written permission from his/her supervisor prior to working overtime hours or working past the employee’s regularly negotiations/classified/March 30, 2010 Page 4 of 9

scheduled hours, unless it is for the security of persons or property. Working additional hours without prior written supervisor approval may be grounds for discipline.
’
9.4 – Inclement Weather – Add language, ‘ To the extent that it is determined practical by the District to do so, supervisors are to work with all employees to make up lost time.’
Strike 9.6.3
9.8 – Transfer New Position – Change ‘Transfer’ to ‘New Position’. ‘ If an employee voluntarily changes to a new and unrelated position in the District, said employee will be placed at the probationary Step 1 rate for that new position. If an employee is transferred by the District to a new position, said employee will be placed at the Step 1 rate for that new position provided the Step 1 rate is equal to or greater than the employee’s prior rate of pay. for twenty-six (26) weeks as a new employee. Upon successful completion of the probationary period, the employee shall be placed at the top step of the new position.
9.10 – Unsuccessful Probation – ‘ In the event an employee in a new position transferred or promoted employee has not completed the probationary period satisfactorily, as demonstrated…..’
9.12 – In House Substitutes – ‘ If an employee is assigned to substitute in a job classification other than his/her current assignment for a period greater than one week (five consecutive work days), the employee will receive the probationary pay the Step 1 rate of the position being filled if that pay is greater than the employee’s current salary.’
Article 11 – Classified Liaison Committee
11.3 – Eliminate the second paragraph. ‘ The committee shall also advise and assist the
District in planning and carrying out the paid inservice day referred to in Article 12.’
Article 12 – Professional Development – Previously called ‘Paid Inservice’.
Strike 12.1 – Inservice Planning and 12.2 – Attendance.
Stephanie White – Article 10, Article 16, and Article 19
Article 10 – Layoff/Recall
10.1.1
– Add language: ‘ Have the right to “bump” a less senior employee in any classification with a lower rate of pay and the same or lower number of hours, provided he or she has worked for the District as a regular employee in such lower paying classification.
’
10.1.3
– Add language: ‘ The District may choose to retain a less senior employee if, in the
District’s determination, that less senior employee possesses unique qualifications or skills not possessed by the more senior employee.’
Add 10.2.2
– ‘An employee on the recall list shall have no right of recall to a position that comes open that is of a greater number of hours than the employee was employed at the time of layoff. In addition, the District shall not be required to “break up” or otherwise modify positions that become available to facilitate the recall of individuals on the recall list.’ negotiations/classified/March 30, 2010 Page 5 of 9

10.4
– Add language – ‘ If the employee accepts a position with less hours than their prior position, benefits will be prorated accordingly.
’
Article 16 – Sick Leave / Bereavement Leave
16.1.1 – Definition of Family – Change definition of family to coincide with law.
16.2 – Allotment / Accumulation – Add language: ‘ Each employee shall be granted sick leave at the rate of one (1) day equal to the number of hours he/she is assigned to work each day in his/her regular assignment for each month of regular employment but not less than ten (10) days for each school year.’
16.6 – Extended Illness – Add language: ‘ An employee who is absent five (5) consecutive days on sick leave or exhibits a pattern of absences of concern to his/her supervisor may be required to furnish a statement from his/her attending physician that the illness, injury, or maternity-related disability prevents the employee from working.’
16.7 – On-the-Job-Injury – Add language: ‘ The employee’s accrued sick leave will be charged to the extent necessary to make the employee whole. At such time as the employee no longer has accrued sick leave, the employee’s sole compensation shall be from the workers’ compensation carrier. An employee is not entitled to keep both salary, including paid leave, and workers’ compensation benefits if the total exceeds the employee’s regular annual salary.
The District is entitled and is responsible to recover any salary overpayment that may have occurred due to receiving workers’ compensation benefit checks. Any employee that receives a regular salary payment and a workers’ compensation lost time benefit payment shall immediately notify the District of such overpayment, and shall promptly return to the
District the amount of the salary overpayment. The District shall recover the amount of salary overpayment through payroll deduction or by cash payment from the employee.’
16.10 – Bereavement Leave – Change definition of immediate family to coincide with law.
Article 19 – Grievance Procedure
19.1.1
– Change ‘complaint’ to ‘allegation’.
19.1.2
– Add language: ‘ The “aggrieved” is the person(s) or the Association who has the grievance and is presenting the complaint allegation, also referred to as the “complainant”.
19.1.6 – Days – Clarify – ”Days”, when used in this Article, except where otherwise indicated, means normal regular District business days.’ except for holidays, breaks, and non-student days that occur within the normal school year.
19.2.1
– ‘Grievances shall be processed as rapidly as possible. The number of days indicated for settlement or appeal at each level shall be considered a maximum. The time limits can be extended by written mutual consent (for example, during summer break) of the parties at any level of the procedures.’
19.2.2
– Change ‘summer vacation’ to ‘summer break’. negotiations/classified/March 30, 2010 Page 6 of 9

19.2.3
– Add language: ‘All parties in interest have a right to an Association representative of their own choosing and/or Association designated legal counsel at each level of these grievance procedures. The representative of the aggrieved shall be either himself or herself, or a representative of the Association.
19.2.6
– Add language. ‘All charges resulting in disciplinary action shall be considered a permanent part of an employee’s personnel file and shall not be removed for any reason. An employee shall have the right to attach his/her response, or other relevant documents, to any document placed in the personnel file.’
Add 19.2.8
– ‘In the course of investigating any grievance, representatives of either party in interest who need to contact an employee or student in school, will contact the building administrator of the building being visited and will state the purpose of the visit immediately upon arrival. The building administrator will ensure that any such request will comply with District policy.’
Add 19.2.9
– ‘Every effort will be made by all parties to avoid interruption of classroom and/or any other school-sponsored activity.’
Add 19.2.10
– ‘Every effort will be made by all parties to avoid unnecessary involvement of students in the grievance procedure.’
19.2.12
– Use to be 19.2.9 – Clarify that Level 1 and Level 2 grievances shall be initiated within ten days.
Add 19.2.13
– ‘ Financial Responsibility: Each party shall pay any and all costs incurred by said parties.’
Add 19.2.14
– ‘ The grievance procedure will not be used while an aggrieved is under jurisdiction of the courts or has resorted to the judicial process regarding the same issue as the grievance.
’
19.3.2 – Level 2 – Clarify that Level 2 grievances are to be filed within the 10-day timeline specified in 19.2.12.
19.3.3 – Level 3 – Superintendent – Add language. ‘ Attendance at the hearing of appeal shall be restricted to persons officially involved. Parties in interest may elect to call witnesses who shall appear individually at the hearing.
’
‘If the aggrieved is not satisfied with the decision of the Superintendent, the aggrieved may file a written appeal with the School Board within five (5) days from the receipt of the
Superintendent’s decision. The appeal shall state the aggrieved’s reasons for appealing the decision of the Superintendent and request appeal to Level Four, School Board.’
Add 19.3.4 – Level Four – School Board – ‘ Within five (5) days of the receipt of the appeal, the School District Board of Directors will notify all parties of a hearing to be held within thirty (30) days of the receipt of the appeal. The Board will hold a hearing at which the parties may make argument, present evidence and exhibits, and call and cross-examine witnesses.’ negotiations/classified/March 30, 2010 Page 7 of 9

‘Within five (5) days following the hearing, the Board of Directors shall render a decision in writing to all official parties.’
19.3.5
– Use to be 19.3.4 – Change Level Four to Level Five – Arbitration. Add language:
‘ All other costs will be borne by the party incurring them.’
‘Upon request, a preliminary list of witnesses who will be used in arbitration must be made known to the other party seventy-two (72) hours prior to the first arbitration session.’
Judy Croce – Article 13 – Holidays and Vacations
Change the number of paid holidays for 9- and 10-month employees to be consistent with the licensed contract; which is 5 paid holidays. There are no changes to 12-month employees’ paid holidays.
13.2.4
– Add language: ‘ At least one week (five days) of vacation leave will be taken during
Winter Break.’ This only applies to 12-month employees who have been with the District for
8 or more years.
Malcom McRae – Article 14 and Article 15
Article 14 – Paid Leaves of Absence
14.2 – Personal – Change the number of personal days from two days to one day.
Strike 14.3 – School Visitation
Article 15 – Unpaid Leaves of Absence
Add 15.5 – ‘ Eligible employees will be granted leave under the Family Medical Leave Act
(FMLA) and/or the Oregon Family Leave Act (OFLA) as per ORS 695A.150 to ORS
695.186.’
Mike Bonner – Article 17 and Article 18
Article 17 – Salary
2010-2011 - salary schedule remains same as 2009/2010 schedule
2011-2012 - salary schedule remains same as 2009/2010 salary schedule
2012-2013 – Reopener for salary only.
Add 17.11
– ‘Twelve month employees will receive twelve equal paychecks July through
June. Employees that work less than twelve months will receive twelve equal paychecks in
September, October, November, December, January, February, March, April, May, and three checks in June.’
Article 18 – Insurance Benefits
18.1
– Change language: ‘ The Association shall choose from the OEBB insurance carriers and will determine the coverage. Employees may elect coverage under an HMO insurance carrier. A Composite or Tiered Rates structure will be determined by a yearly vote of the negotiations/classified/March 30, 2010 Page 8 of 9

Association members. The District will be notified of the Composite or Tiered Rate structure by June 15 preceding the beginning of the plan year.’ The Association noted that if they change, they have to stay with their decision for three years; it is an OEBB rule.
18.2 – District Contribution
2010-2011 - $900 per month, per employee.
2011-2012 - $900 per month, per employee.
2012-2013 - $900 per month, per employee.
18.3.3
– Add language: ‘For purposes of determining the pro-ration, a full work day entitling an employee to 100% of the District contribution shall be considered to be eight (8) hours or forty (40) hours per week.’
Strike 18.4, 18.5.2, 18.5.3, 18.5.3.1, 18.5.3.2, and 18.6
Caucus from 5:18 p.m. until 6:10 p.m.
VI.
SET AGENDA FOR APRIL 12 th MEETING
I.
II. Discuss
III.
Call to order
Preamble
Discuss Article 4
IV.
V.
VI.
VII.
Discuss Article 11
Discuss Article 12
Discuss Article 15
Set agenda for April 27 th meeting.
VIII.
Adjourn
VII.
ADJOURN – Adjourned at 6:15 p.m.
VIII.
FUTURE MEETINGS
A.
April 12 – Classified Bargaining – 3:30 p.m., District Office
B.
April 27 – Classified Bargaining – 3:30 p.m., District Office
C.
May 11 – Classified Bargaining – 3:30 p.m., District Office
D.
May 25 – Classified Bargaining –3:30 p.m., District Office negotiations/classified/March 30, 2010 Page 9 of 9