Centennial School District 28j

1.1 The Board recognizes the Union as the exclusive bargaining representative for all classified employees except supervisory, confidential, and substitute employees. 

1.2 If the District continues a substitute in a regular position after forty-five (45) consecutive working days of the position becoming vacant, the Director of Human Resources will notify the Union Chapter president of the circumstances requiring extending the substitute in the position. 

1.3 No employee shall have the privilege of negotiating with the Board and/or administration on an individual basis regarding any issues covered in this contract. 

1.4 A substitute employee shall be defined as a person not regularly employed by the District, hired to temporarily fill a vacancy created by the absence of a regular employee. 

1.5 A temporary employee shall be defined as a person hired for a specific, temporary purpose or special project of limited duration, with a definite end date that is advertised in the job posting. If the position is renewed or extended past the end date, it will become a regular position. 

1.5.1 This article does not apply to positions filled through the District's substitute vendor. 

1.6 When an established, regular employee who is part of the bargaining unit assumes a temporary position, upon completion of the assignment, the employee will have the right to return to the formerly held job title and maintain previously established seniority. 

2.1 Regular - All employees represented by the Union in the bargaining unit who have been employed for more than ninety (90) working days by the school district and have successfully completed their probationary period. 

2.2 Probationary - All employees represented by the Union in the bargaining unit who have not yet been employed by the school district for ninety (90) working days. 

2.3 Temporary -All employees represented by the Union  in the bargaining unit who have been employed by the school district for a specific, temporary purpose, or a special project of limited duration. A temporary employee shall have rights to union representation. 

2.3.1 A temporary employee does not have rights to bumping, as described in Article 7.4 or reimbursement, as described in Article 17.4.

3.1 The Board shall retain all rights, powers, and authorities to control, direct and manage the affairs of the District in accordance with Oregon law. The direction of the workforce is the sole right of the Board subject to the clear and express terms of this Agreement.

4.1 Nondiscrimination - The Union and the District affirm there will be no discrimination against any employee covered by this Agreement because of age, race, religion, gender, sexual orientation, national origin, membership or non-membership in the Union. All reference to employees in this Agreement designates all people, including all sexes and genders.

4.2 Payroll Deductions - Upon written request by the employee, the District agrees to deduct from the salaries of employees in the bargaining unit and to transmit said funds for: 

4.2.1 Premiums for insurance, agreed to in this Contract;

4.2.2 Direct deposit of paychecks to a participating bank or credit union;

4.2.3 Dues - Oregon School Employees Union Chapter, transmit to state OSEA; 

4.2.4 Tax Sheltered Annuities, from approved carriers;

4.2.5 Fair Share Fees (see Article 21); (in abeyance due to Janus Supreme Court decision);

4.2.6 ELAF (Education and Labor Advocacy Fund); 

4.2.7 Section 125 Payroll Reduction Plan; 

4.2.8 Centennial Education Foundation;

4.2.9 Deferred Compensation Plan from Approved Carrier;

4.2.10 HSA (Health Savings Account) for those who qualify.

4.3 Safety Communication - Employees shall be informed of situations in which employees may have been or may be exposed to potentially communicable diseases, illness or environmental hazards. When such circumstances occur, and following the advice of health and environmental experts, the District will provide information/training to employees regarding exposure to potentially contagious diseases, illness or environmental hazards. 

4.4 A Safety Committee, as required by ORS 654.176, has been established at each building site where a Union member will serve on the committee. The committee will also adhere to OAR 437-004-0251. Meetings of the committee will be held at least monthly to discuss environmental and safety issues and explore solutions.

5.1 Staff working with students who display unsafe behaviors are expected to work with the student's team in order to follow the student's Behavior Support Plan/Safety Plan with fidelity (following the plan as written). An employee that has followed the student's Behavior Support Plan/Safety Plan and feels they have exhausted all the safety options may request a meeting with the principal or supervisor to discuss support/concerns. The meeting will occur within five (5) workdays. 

5.1.1 If an employee is concerned about safety or if a student physically harms an employee, the employee will report the incident to the building principal or supervisor and file an incident report. Additionally, the employee may take the following actions:

5.1.1.1 Take a respite break to seek care or gatherthemselves, if needed. 

5.1.1.2 Request a meeting with the student's case manager (as applicable) and building principal or supervisor to discuss support, concerns, and next steps. This meeting will occur as soon as possible and not later than three (3) workdays. 

5.2 Any student who requires regular physical support with toileting will have a bathroom protocol plan for the team to follow that has been developed by the student’s IEP/504/building team and guardian. The bathroom protocol plan shall be reviewed with the student’s team and with other building-based employees who may need to assist in an emergency (multiple staff out for the day, etc.) prior to performing these services.

5.3 Student Specific Information - Employees will be provided with student specific information, guidance, and/or program related training on paid time. Employees may request clarification and/or follow up training if they feel unprepared for the task. 

6.1 Union representatives shall be allowed to engage in union activities during regular working hours in accordance with Oregon Law. The District shall allow designated union representatives to engage in the following activities during work hours and at the District's facilities, without loss of compensation or benefits:

6.1.1 Investigate and process grievances and other workplace-related complaints; 

6.1.2 Attend investigatory meetings, hearings, and other due process proceedings; 

6.1.3 Participate in, or prepare for, proceedings that arise from a dispute involving the collective 

bargaining agreement, including arbitration proceedings, administrative hearings and other 

proceedings before the Employment Relations Board; 

6.1.4 Engage in collective bargaining; 

6.1.5 Attend labor-management meetings, safety committee meetings and any other meetings 

between representatives of the District and OSEA to discuss employment relations; 

6.1.6 Provide information regarding the collective bargaining agreement to newly hired 

bargaining unit employees within thirty (30) calendar days from the date of hire for a period 

of at least thirty (30) minutes, during new employee orientation or at individual/group meetings 

that may take place during work hours, without loss of compensation or benefits to newly 

hired employee(s); and 

6.1.7 Testify in a legal proceeding in which the designated union representative has been 

subpoenaed as a witness.

6.2 Representatives designated by the union shall provide their immediate supervisor with written notice of the need to perform the activities listed in Section 5.1 at least forty-eight (48) hours prior to the time at which the activities will be performed. There may be situations in which both parties agree that the circumstances do not require advanced written notice. The written notice shall indicate: 

6.2.1 Which of the activities listed above will be performed; 

6.2.2 The date and time at which the activities will be performed; and 

6.2.3 The approximate length of time the designated representative will spend performing the activities. 

6.3 If, after receiving notice of the need to perform the activities listed in Section 6.1, the District establishes undue burden on District operations that cannot be accommodated by any of the measures typically used when an employee is unexpectedly absent from work (arranging a substitute, working with fewer staff, temporarily modifying work assignments, etc.), the District and OSEA shall schedule a mutually agreeable date and time at which the designated representative can perform the activities during work hours. The mutually agreeable date and time shall be no more than seven (7) working days from the date of the request, unless both parties agree otherwise. 

6.4 The District shall not reduce a designated representative's work hours to accommodate the designated representative's performance of the activities listed above. However, the designated representative and their supervisor may agree to a flex schedule that allows the designated representative to perform the activities above during paid working hours. 

6.5 The District may refuse to authorize additional work hours that incur overtime pay as a result of performing the activities listed in Section 6.1. 

6.6 The parties recognize that bargaining may occur outside of normal work hours. 

6.7 The Union or a representative designated by the Union shall be permitted access to all work areas of the District and to discharge their duties as a representative of the Union. The representative will inform the appropriate administrator or supervisor before contacting an employee at work. A non-employee OSEA Field Representative shall be permitted access to the District's facilities for the purpose of engaging in the activities described in this Article on the same terms and conditions as designated representatives. 

6.8 The District shall provide the Chapter President and OSEA's Director of Fiscal Operations with an editable Excel spreadsheet containing the following information for each employee in the bargaining unit: 

6.8.1 The employee's name and date of hire; 

6.8.2 Contact information including: 

6.8.3 Cellular, home and work telephone numbers; 

6.8.4 Personal and work electronic mail addresses; and 

6.8.5 Home or personal mailing address; and 

6.8.6 Employment information including the employee's job title, wage and worksite location.

6.9 The District shall provide the information referenced in Article 6.8 within ten (10) calendar days from the date of hire for newly hired employees and every one hundred twenty (120) calendar days for employees in the bargaining unit who are not newly hired. 

6.10 Prior to the elimination of any position held by an employee or to the contracting for services provided by employees, the District will notify the Union of its intention. 

6.11 Use of School Buildings - The Union and its representatives shall have the right of access to school buildings for purposes of conducting meetings with represented employees of the bargaining unit subject to the following conditions: 

6.11.1 The building may not be used during the summer when school is not in session without approval of the Superintendent, or their designee. 

6.11.2 There must not be any interference with regular school programs. 

6.11.3 The Chapter will be bound by Board Policy regarding any facility within a building that has 

specific public usage restrictions or requires Board approval prior to use.

6.12 Use of School Equipment - The Chapter shall have the right to use school equipment, including computers, reproduction equipment, calculating equipment, and audiovisual equipment normally found in a building. The principal will determine the specific machines or piece of equipment to be used after receiving the Chapter's request. Central Administration Office equipment is excluded from use. The Chapter shall pay the costs of all materials and supplies used in conjunction with the equipment and for any repairs necessitated as a result thereof if such damage was caused through neglect or abuse of the equipment by the Chapter. 

6.13 Bulletin Boards - The Chapter shall have the use of a bulletin board in each school building. The principal will be responsible for determining the location of the bulletin board. The board must be located where employees will have maximum opportunity to view. 

6.13.1 The Union/Chapter will have the use of school mailboxes and the interschool mail/internet system as long as it is in effect district-wide, and as long as all such mail or material is identified as Union/Chapter business until impasse is declared by either party during a bargaining session. Board policy and District rules of electronic communication will be followed at all times. 

6.14 Employee Orientations - At employee orientations, the District shall provide the union with no less than thirty (30) minutes and up to one hundred twenty minutes (120) to make a presentation to all bargaining unit employees without undue interference. The union shall also be permitted to set up a table at the orientation to meet directly with employees before, after, and during breaks at the orientation. No employee shall suffer a loss in compensation or benefits as a result of participating in or attending the union's presentation. 

6.14.1 When a bargaining unit employee is hired after the employee orientation or when the District does not conduct an orientation, the union shall be permitted to meet with newly hired bargaining unit employees for up to sixty (60) minutes during work hours without loss in compensation or benefits for the newly hired employee or for designated representatives attending the meeting. The Union Chapter President will be invited to all new hire onboarding appointments.  If the President (or their designee) is unable to attend this meeting it will be up to the Union to schedule an employee orientation meeting. Orientation meetings with newly hired employees that did not take place at the new hire onboarding appointment shall take place at the newly hired employee's regular work location, within thirty (30) calendar days from the date of hire.

6.14.2 The timing and duration of such union and employee orientations shall be mutually agreed upon by the union representative and employee's supervisor. 

6.15 The Union may request up to one hundred twenty (120) total employee hours per year of release time for members identified by the Union Executive Board to attend organization events. The Union will provide fifteen working days (15) advanced communication prior to requested release time. An additional 120 hours of release time may be requested for members serving on a State, National Committee, or Board. The request will identify the specific employee(s) taking leave, the dates of leave and the billing information for the cost of substitute employees. The District will approve such requests unless a specific employee's absence would interfere with critical District functions or activities. If a substitute is employed by the District to replace a member who is absent for organization leave, the Union will repay the District for the substitute employee's wages and related fixed costs within thirty (30) days of invoice. 

6.16 The District shall approve, upon request, half-year or full-year leaves of absence for a member elected or appointed to serve in an OSEA state position if a suitable temporary replacement can be obtained. The Union will repay the District for the substitute employee's wages and related fixed costs within thirty (30) days of invoice.

6.17 Union President/or Designee - If a meeting with the District requires the attendance of the Union president/designee, they will be released from duty without loss of pay.

7.1 Definitions 

7.1.1 Bumped Employee /Displaced Employee - An employee who has retained employment in the 

District and has moved to another position (in the same or a lower range) due to a reduction in 

force (RIF). 

7.1.2 Laid off Employee - An employee who has lost employment with the District due to a reduction 

in force. Laid off employees are on the recall list by seniority. 

7.2 Seniority, as used in this Agreement, unless otherwise specifically stated, shall mean a regular employee's total length of continuous service within the bargaining unit, including temporary service, since their most recent date of hire. An employee shall lose all seniority credit in the event of voluntary or involuntary termination. An employee who is laid off and who is subsequently reinstated shall have their full seniority earned prior to layoff restored but shall not earn seniority during this layoff status. All authorized leaves shall be counted towards seniority. Ties in seniority shall be broken by the drawing of lots. If two (2) or more employees have equal seniority in the bumping procedure, prior to the bumping process a drawing will be conducted with the Chapter President, or their designee, to determine the senior employee for a one-time exclusive purpose of the bumping process. Affected employees will have the option of being present for the drawing. 

7.2.1 The District shall make available to the Union upon request, copies of any personnel list the 

employer maintains regarding the seniority of the employee.

7.2.2 The District will notify the Union in writing, not less than eleven (15) District business days prior 

to pending layoff or reduction in force actions which will affect employees within the bargaining 

unit. The Union representative and District representative will meet during the first week after the notification to discuss alternatives to the layoffs of employees in the bargaining unit. The purpose of such consultation shall be for the union to offer alternative solutions and/or ensure the proper contractual implementation of such reductions. 

7.3 Reduction in Force (RIF) 

7.3.1 The District will determine which positions will be reduced or eliminated. The following process 

will stipulate how a layoff will occur as well as determine which employees, if any, will be displaced. The District shall notify the classified employee and the Union in writing not less than fifteen (15) District business days prior to any layoff or reduction in force, except in extenuating circumstances. Employee notification shall include standard/certified mail, email, in-person, or via phone call by their school Principal, immediate supervisor, or the Director of Human Resources. The District shall attempt a minimum of three (3) of the four (4) previously mentioned methods until contact is made, response is received, or options are exhausted. The identification of employees to be laid off/displaced within a job classification group shall be determined by inverse bargaining unit seniority with the impacted employee being the least senior employee(s) in the classification group / range being affected. 

7.3.2 Layoff/displacement of employees will be based upon bargaining unit seniority, but such 

layoffs/displacements shall occur by range within a classification group as in Appendix G

Example: 

Within the range the employee with the least bargaining unit seniority shall be laid off/displaced first. Laid off employees will not be paid any salary or benefits during the period of layoff, except that school year employees laid off at the end of the school year or over the summer will have insurance paid through September 30, as is normally the case for any employee who has completed the prior school year. Employees will have access to the District EAP Program during the entire time of layoff. Notwithstanding, a laid off employee may, at their own expense, continue insurance coverage, subject to the rules of the insurance carrier(s) and subject to applicable laws. 

7.3.3 No permanent employees shall be laid off within a job classification group/range while any 

temporary employees in such classification group/range continue to be employed. 

7.3.4 Employees with temporary status are not covered by this article. 

7.3.5 An employee who is subject to reduction in force will be notified by standard/certified mail, 

email, in-person, or via phone call by their school Principal, immediate supervisor, or the Director of Human Resources. The District shall attempt a minimum of three (3) of the four ( 4) previously mentioned methods until contact is made, response is received, or options are exhausted. The employee notified of initial layoff may: 

7.3.5.1 Accept the layoff, or 

7.3.5.2 Within five (5) District workdays of receiving the notice of layoff, exercise the right to participate in the bumping process, if applicable. 

7.4 Bumping Procedures 

7.4.1 Prior to laying off employees or enacting the bumping process, if the District has at that time 

unfilled positions, those unfilled positions will be filled first in the process if the result is not a 

loss in hours for the displaced/bumping employee. An employee may bump into a position with a greater number of hours. However, in this circumstance, the employer reserves the right to make these higher hour assignment decisions. 

7.4.2 No employee may bump a more senior employee. Bumping employees can only bump less

senior employees. An employee may communicate to Human Resources preference requests 

regarding assignment (program, location, grade level) with the notification of desire to bump.

7.4.3 Bumping rights can be exercised to displace the least senior employee in a job title in the same 

classification group and range or in the next lower rank within the classification group as long as the bumping employee has greater seniority than another employee and is qualified to perform the current duties/responsibilities of the other job title as required. If Bumping is initiated, the position held by the least senior employee in the range or lower job title (with the nearest number of hours to the bumping employee) will be the position bumped. An employee may bump into a position with a greater number of hours. However, in this circumstance, the employer reserves the right to make these higher hour assignment decisions. An employee who is displaced by being bumped may also use their seniority in the same manner to bump into the next lower rank in the classification group (as listed in Appendix G). If there is no less senior employee in the next lower rank, then they may bump into the next lower rank (and so on) in descending order within the classification group. 

7.4.4 If an employee is given the initial notice of layoff/displacement and is unable to bump into a 

lower rank within the current classification group, and they have been employed by the District in a different classification group within the past five (5) years, the employee shall have the right to retreat to the former classification group. The employee may only be moved back into the same or lower paying job title within the former classification group, and the bumping employee must have greater seniority than another employee in that classification group. In order to bump back, the employee still must be qualified to perform the duties of the job. Assignment will occur as explained in 7.4.3. 

7.4.5 All employees in the positions listed in a Job Classification Group shall be listed by seniority by 

range. (See Appendix F and G for Job Classification Group Listings and Bumping Order). 

7.4.6 Bumping employees must possess the skills, ability, and capacity to perform the job and must 

demonstrate the ability to perform all job functions within sixty (60) working days from the date 

of assuming the job duties. If, after the trial period of sixty (60) working days, the employee cannot perform the duties of the new assignment in a satisfactory manner, the employee may be given additional time for training and job mastery at the District's discretion. The employee may alternately elect at the end of the sixty (60) working days, if they cannot perform the duties of the new assignment, to move to lay-off status. If the employee moves to lay-off status, the District will fill the position from the recall list. 

7.4.7 If an employee is bumped from their position and the new employee resigns from the position, 

the vacant position will be filled from the recall list. 

7.4.8 Employees who bump into another position either in a lower range or to a previously held 

position maintain recall rights to their original classification, range, hour (but not necessarily specific school or department) and are only removed from the recall list after a period of 27 months or after 

placement into a position that provides the same salary range and number of hours as the original position, whichever occurs first. 

7.5  Recall Procedures 

7.5.1 When the work force is increased or when positions become available due to resignations or 

retirements, laid off displaced employees shall be returned by seniority to positions for which they are qualified. No new employees (including temporary employees) will be hired into classifications from which employees are laid off/displaced and remain qualified during the period said recall status is in effect. Recall rights shall automatically terminate twenty-seven (27) months after the effective date of such layoffs/ displacement. 

7.5.2 Notice to recall shall be sent via standard/certified mail to the last address given to the Human

Resources office by the employee, email, and via phone call by the Director of Human Resources. An employee shall have ten (10) District business days from the date notice of rehire was mailed to notify the District of their intent to return and must thereafter report on the starting date specified by the District. Such failure to notify the District of intent to return to work within these time limits shall serve as a refusal of said offer to rehire the employee. 

7.6  Reduction in Hours - Once an employee's regular work hours are set for a new fiscal year, the employee shall not experience any loss of District contribution for insurance purposes as a result of reduction in hours during that fiscal year. If, at the start of the new fiscal or school year, the employee will experience a reduction of more than one hour from the number of hours held at the start of the previous school year, then the employee will have rights as provided in 7.4 to "bump" into another position within the same classification group and range in order to retain/regain the hours held at the start of the previous fiscal or school year. Any such employee who chooses to forego a right to bump in order to regain/retain work hours will be asked to sign a written statement to that effect, and will thereafter surrender any right to return to a position that would retain/regain the previous year's hours and level of District insurance contribution.

8.1 When the District determines that there is a job opening within the bargaining unit that it intends to fill, the District will send an electronic notification of the job opening to all employees. The Chapter's building representatives shall be allowed to post the notification on the bulletin board authorized for Union use in the building under provisions of Article 6.13 of this Contract. 

8.2 The job posting will be held open for no less than three (3) working days after the notice has been dated by the District and sent to the persons selected to receive the notice. Interviews may begin immediately after posting. 

8.3 To be considered as a candidate for the position, an employee must apply during the open period described above, as indicated on the job posting, and must meet the position qualifications. Employees may contact the office of Human Resources to verify that their application materials have been received. If a test will be given as part of the interview process, the nature of the test or performance task will be disclosed no later than the time the appointment for the interview is scheduled. Other questions regarding the interview process may also be directed to the Human Resources staff. While the District retains the right to select the person to fill the position, the District supports the concept of filling vacancies from within and will give consideration to employees who have made proper application and meet the qualifications for the position. 

8.4 Whenever an employee has applied for a position and is not hired into the position, the employee may request and will receive an opportunity to discuss the reasons for non-selection with the supervisor who did not recommend the candidate for the position. Such a request will be made in writing to the supervisor within the same school year in which the position has been filled. 

8.5 Increase in Hours - If a building/worksite receives additional hours after hours have been assigned for the year, the District may fill those hours in one of two ways:

8.5.1 Offer the hours to current employees in the building/worksite. First consideration will be 

given to those building/worksite employees in the same job classification who have lost time 

within the past 27 months, but the gain in time does not qualify for recall (see Article 7.5.1). 

Such offer need not be seniority or time loss, if the principal/supervisor can show that the use 

of seniority or time loss would be detrimental to the instructional program. 

8.5.2 Post the hours as a vacancy. 

8.6  Involuntary Transfers - Any assignment to a position not requested by an employee will be considered an involuntary transfer. When an involuntary transfer is necessary, the supervisor will initiate the transfer process with a written notice to the employee of no less than 5 working days. Any involuntary transfer shall be made as long as the employee has been offered an opportunity to discuss the transfer with the Union, Supervisor, and upon request, the Human Resource administrator. The meeting shall be scheduled at a mutually agreed upon time between parties. The meeting will be held as soon as reasonably possible. 

9.1 To the extent reasonable, considering operational needs, the work week shall be five (5) consecutive days, beginning on Monday. A permanent change in the work week for current employees would be subject to mutual agreement between the District and the employee. The employee will be given the opportunity to consult with a Union representative before agreeing to a schedule change. The Union will be notified upon any mutual agreements. For a permanent change to an employee’s hours, the employee will be notified no less than five (5) working days prior to the change. The employee will be offered an opportunity to discuss the change with the Union and their Supervisor. The meeting shall be scheduled at a mutually agreed upon time between parties. The meeting will be held as soon as reasonably possible.

9.1.1 This language does not pertain to temporary schedule changes for the duration of a specific project or period of time. 

9.2 Eight (8) hours per day shall be considered full time (1.0 FTE).  Employees whose standard work schedule is less than 40 hours in a week shall be paid overtime at the rate of time and one half if they work in excess of eight hours in one day and/or in excess of 40 hours a week. Employees whose standard work schedule is 40 hours a week shall receive overtime at the rate of time and one half for any time worked over 40 hours. Any overtime work performed on Sunday shall be paid at double the normal rate of pay. Any approved paid leaves will count toward the forty hour work week. At the discretion of the District, compensatory time at the rate of time and a half may be offered as a choice to the employee in lieu of payment for overtime hours worked.

9.2.1 Exception:  Bus drivers who are hired for regular routes that include mid-day trips and/or SUN 

(or other programs), will receive overtime only after 40 hours in a week regardless of daily hours 

for the regular route and trips. 

9.2.2 Automated Timekeeping System Language - The District may utilize an automated 

timekeeping system (TimeClock Plus or similar) for the purpose of documenting employee 

attendance and leave matters and adjusting pay as appropriate. All employees will receive 

training on how to use the system before they are required to use the system.

9.3 Employees working at least 6 hours shall receive a meal period of at least one-half hour. Such time shall be scheduled by the building administrator, as nearly as practical to mid-shift. Such lunch periods shall be duty free and shall not be credited as time worked. 

9.3.1 EXCEPTIONS: Exceptions to the work shift in 9.3 are as follows: When a bus driver is on a trip and they must remain on the clock and be

available during their meal periods.

9.4 Employees in the bargaining unit shall receive 30 minute meal and 15 minute rest periods in accordance with Oregon Bureau of Labor and Industry standards, as set forth in OAR 839-020-0050, and as enumerated below. This rest period shall be taken as close as possible, in the building principal's or immediate supervisor's judgment, to the two-hour interval.

10.1 If evening activities at a school involve all or most parts of the building and the custodian(s) does not have access to clean those areas during a substantial portion of the shift, the custodian may consult with their supervisor regarding the priority order for cleaning to be done during the shift. 

10.2 Annual meetings will occur including custodians, District custodial supervisors, building administrators to coordinate summer and beginning of the school year work.  If classroom moves are requested mid-year, an additional meeting may occur prior to any moves taking place.

10.3 All Custodial and Maintenance employees will be eligible for one pair of District purchased footwear per year. The District will make available a list of approved footwear (boots or work shoes) to choose from. Employees who elect to receive District provided footwear will be required to wear this footwear at all times while working. Employees who have specialized footwear (e.g., orthopedic insoles, etc.) may request reimbursement of up to $100 per year for safety footwear related to their position. Employees must complete the reimbursement form and provide required documentation. Employees who leave the District voluntarily within 90 work days from hire will have the cost of District purchased footwear deducted from their final paycheck.

11.1 Official records of personnel in the bargaining unit shall be maintained by the District under direct custody of the Superintendent, or someone whom this authority is delegated for that purpose and under adequate protection at all times. Such records may be inspected only by the individual concerned, by the Superintendent and their designees, or by individuals authorized in writing by the employee concerned. 

11.2 The personnel records of employees in the bargaining unit shall not contain any information of a critical nature that does not bear the employee's signature indicating that the employee has been shown and received a copy of the material, or the signature of the supervisor and a witness indicating that the employee refused to sign the document. An employee shall have the right to attach a written statement of explanation to any material that is placed in their personnel file. 

11.3 Material placed in the personnel record of an employee without conformity with the provisions of this Article will not be used by the District in any subsequent evaluation or disciplinary proceeding involving the employee. 

11.4 At least once during the year, employees will have the right to indicate those documents in their file which they believe to be obsolete or otherwise inappropriate for retention. Said documents will be reviewed by an appropriate member of the Administration and may be removed subject to their decision. 

12.1 This grievance procedure is structured to facilitate the resolution of grievances by employees. The purpose of this procedure is to contribute to good human relations on the job, to maintain good employee morale, and achieve greater efficiency of school operations. 

12.2 General Grievance Procedures - Definition of "Grievance" shall mean an allegation by an employee or group of employees that there has been to them a violation of any provisions of this Agreement.  A formal grievance must be initiated by the aggrieved within fifteen (15) working days from occurrence thereof or of the grievant's first knowledge thereof. Failure by the employee to submit the grievance in accordance with time limits shall constitute abandonment of the grievance. Failure by the District to submit a reply within the specified time limits shall permit the aggrieved to proceed to the next level.  

To initiate a formal grievance, it must be put in writing using approved District forms. A written grievance shall include a succinct statement of fact constituting the grievance, including the management action or inaction being grieved, the contract article or articles and sections or paragraphs thereof alleged to have been violated, and the specific remedy sought. It is expected that a large majority of grievances will be settled at an informal level. 

There shall be no restraint, interference, discrimination, or reprisal exerted on any employee choosing to use the procedures in good faith for resolution of grievances.  

The grievant may seek assistance and advice from their Union. They may request the presence of a Union representative or consultant at any step in the procedure. Further considerations in the general procedures are: 

12.2.1 Any step in the procedure may resolve the problem; 

12.2.2 Grievances will be heard at times agreeable to the parties concerned; 

12.2.3 The time limits specified below may be modified by mutual agreement. 

12.3 Specific Steps or Procedures 

12.3.1 Level One - The employee or employees shall present the written grievance to the building 

principal/supervisor involved in the grievance. A conference will be arranged within ten (10) workdays after receipt of the grievance. A decision will be given in writing by the principal/supervisor within five (5) workdays after the conference. If the matter is settled or explained to the grievant's satisfaction, it ends there. 

12.3.2 Level Two - If the grievance has not been settled to the grievant's satisfaction at the end of the

first step, they have five (5) workdays to notify the principal/supervisor and file an appeal in writing to the Superintendent's office. The Superintendent or designee shall attempt to resolve the differences so that the incident is closed with a sense of satisfactory adjustment for the grievant. If the matter is not resolved within five (5) workdays of hearing the appeal, the Superintendent or designee shall communicate to the aggrieved and building principal/supervisor of their written decision which shall include supporting reasons thereof. 

12.3.3 Level Three - Grievances that are arbitrable as hereafter provided and not settled at Level 

Two may be appealed to arbitration by delivering a written notice of request for arbitration to the Superintendent's office within ten (10) work days of receipt of the Level Three decision by the Union. 

12.3.4 When a request has been made for arbitration, the parties or their designated representatives 

shall attempt to select an impartial arbitrator. Failing to do so, they shall, within ten (10) 

workdays of the appeal, jointly request the Employment Relations Board to submit a list of five (5) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list, and the fifth and remaining name shall act as arbitrator. The arbitrator and both parties shall abide by American Arbitration Union expedited procedure. 

12.3.5 The arbitrator shall schedule a hearing on the grievance and, after hearing such evidence as the 

parties desire to present, shall render a written decision to the grievant, the Union, and the District.  The arbitrator may not add to, subtract from or amend the terms of this Agreement. The arbitrator may not substitute their judgment for that of the District except where the District is found to have acted in an arbitrary or capricious manner. A decision of the arbitrator within their authority shall be binding on the parties. 

12.3.6  The cost for the services of the arbitrator, including per diem expenses and cost of the hearing 

room shall be borne equally by the District and the aggrieved. A contract shall be signed by all three parties prior to commencement of arbitration. Any other expenses incurred shall be paid by the party incurring the expense. 

12.4 No Reprisals 

12.4.1 There shall be no reprisals against any employee utilizing the grievance procedures, or to a party of interest thereto, by the Board or any employee of the District.

13.1 Definition of Terms 

Immediate Supervisor's Recommended Approval - The employee's immediate supervisor, after review of the request for absence/leave, may recommend approval if the request complies with language found in the contract and if the absence is not disruptive to the operation of the school/District. 

Final Administrative Approval - All absences and leaves must have District office approval. The District office's decision to approve or reject the request shall be final. 

All requests for absences and leaves except sick, bereavement, and emergency leaves must be submitted in writing on District approved forms no less than three (3) days before the requested leave. In the event of an emergency, the immediate supervisor or designee must be informed verbally for notification, and the written application must be submitted to the immediate supervisor within two (2) days after the occurrence. 

Pay Deduction Equivalent to the Rate of 50% of the Employee's Daily Rate - Whenever this phrase is used in the policy, it means that the employee shall have deducted from their salary a sum of money of 50% the employee's daily rate. It means that the amount will be deducted regardless of whether or not a substitute is actually hired. 

Immediate Family - Immediate family (to include in-law and step relatives) shall be defined as to mean spouse, domestic partners, parents, children, brother or sister, grandparents, grandchildren, domestic partner's parents, children, brother or sister, grandparents, grandchildren, or spouse's immediate family as already defined. 

13.2 Sick Leave 

13.2.1 All employees in the bargaining unit shall be granted ten (10) days of sick leave during each

school year, or one (1) day for each full month worked. Such sick leave shall be credited to said 

employee on the first workday they report. For employees who begin after the start of the school 

year, sick leave shall be credited on the first day of active employment and shall consist of one 

(1) day for each payroll month remaining in the school year. Sick leave may be used for illness 

or injury of the employee's immediate family (see definitions section of Article 13.1 for definition 

of "immediate family"), or for any other purpose set forth in the Oregon Sick Time Law. Unused

sick leave days will accumulate year after year with no limit in the total number to be 

accumulated. Should an employee resign, the ten (10) days, or one (1) day for each full month 

worked (total of twelve [12]) will be reduced on a prorated basis and adjustment will be made in 

the final payroll check. Should an employee resign after using sick leave credited to them but 

not yet earned, any money owed the District for unearned leave will be taken out of the 

employee's final paycheck. Should there not be enough earned wages to cover the leave; the 

District may use small claims court to attempt to recover the loss of funds. If the District is 

unsuccessful in small claims court, the District may take the amount of the leave owed out of the 

health insurance pool funds.

13.3 Process for Declaring or Requesting Leave: 

Immediate Supervisor's Preliminary Recommendation-The employee's immediate supervisor, after review of the request for absence/leave, may recommend approval, if the request complies with language found in the contract and if the absence is not disruptive to the operation of the school/District. If Supervisors wish to establish a limit on the number of employees that can take an elective leave (vacation/personal) day off at one time so as to not disrupt operations, it must be communicated in advance. 

Final Administrative Approval - All absences and leaves must have approval from Human Resources.  Human Resource’s determination to approve or reject the request shall be final. 

All requests for absences and leaves except sick, bereavement, and emergency leaves must be submitted in writing on District approved forms no less than three (3) days before the requested leave. In the event of an emergency, the immediate supervisor or designee must be informed verbally for notification, and the written application must be submitted to the immediate supervisor within two (2) days after the occurrence. 

13.3.1 Any employee who has been absent from duty because of illness or other reasons, may be

requested by the Superintendent/designee to submit a statement from a physician on the employee's health status. A Medical visit to acquire a note to comply with ORS 332.507 will not be compensable time paid by the District. 

13.3.2 If an employee is injured on the job and receives Industrial Accident benefits under Workers' 

Compensation Law (ORS 656.001 to ORS 656.990), the District shall adjust the sick leave payment an amount equal to benefits received under Worker's Compensation with respect to the same injury that gave rise to the sick leave. However, the deduction of sick leave shall not exceed an amount determined by taking the employee's regular pay for the period less benefits received under ORS 656.001 to ORS 656.990 divided by the individual's daily wage.

13.4 Unpaid Leave/Absence 

A leave of absence without pay for up to one (1) year may be granted by the Superintendent/designee for sickness or other unavoidable circumstance to an employee of the District. An employee receiving such a leave shall be eligible for reinstatement upon their return, providing they submit acceptable evidence that the sickness is cured, or the unavoidable circumstances are remedied. When the employee is reinstated, they will retain all benefits accrued in the District prior to the leave. No increment pay increase will be allowed if this leave is taken for the majority of their work calendar for the leave period. 

13.5 Bereavement - An employee may be five (5) days absent with full pay because of a death of a member of their immediate family including nieces and nephews. They may be granted up to three (3) extra days for which they will receive a pay reduction equivalent to 50% of the employee's daily rate of pay. An employee may be granted one (1) day's absence with full pay to attend the funeral of a close friend or distant relative. In the event of special extenuating circumstances, the District may grant up to two (2) additional days for this leave. Such a request will be made in writing to the Director of Human Resources. Additional leave for bereavement purposes shall be in accordance with OFLA. 

13.6 Emergency / Personal Leave / Non District Holidays

13.6.1 The District recognizes that throughout the year employees may wish to observe Holidays and 

other days of significance that occur on District work days. Employees may also need to be 

absent because of emergencies or personal business that cannot be conducted outside the

regular workday, and the absence is not covered by any other leave. To use this leave, 

employees must notify their building principal/supervisor by entering the absence into the absence management

system five (5) working days before the absence and completing any required leave request paperwork. 

New staff hired after the school year has commenced will have these Leave Days allocated as follows, based upon the employee's first paid day of employment with the District: 

• Beginning of School to Winter Break: Up to three (3) Floating Holidays/Emergency/Personal Leave days. 
• Post-Winter Break to Spring Break: Up to two (2) Floating Holidays/Emergency/Personal Leave days. 
• Post-Spring Break to End of Year: Up to one (1) Floating Holidays/Emergency/Personal Leave day. In cases of emergency, leaves may be granted by phone and written requests within two (2) days of the employee's return.

This leave cannot be used for a second business. This leave is a negotiated benefit, not a leave of right. It is to be used only when needed. Employees are not required to take all three (3) days. Employees will not have to state the reason for said leave.

13.6.2 Personal Leave Without Pay - An employee may be granted leave without pay for purposes 

which the District approves. Daily pay shall be deducted from the employee's salary based upon 

the number of contract days of their employment (i.e., 1/190, 1/220, 1/240, etc.). The employee 

shall apply for authorization five (5) workdays in advance of the leave date.

13.7 Personal Leave Donation Bank 

13.7.1 On or before December 31 of each year, a participating employee may contribute one of their 

personal leave days, based on their FTE, to a common donation bank. This donation can only 

be made once per year, is irrevocable, and may only accumulate up to a total equal to the 

number of FTE in the bargaining unit. An individual employee may be granted no more than 65 

days per year, based on their FTE. Participation in the donation of the hours shall be voluntary. 

Only contributing employees may be eligible to receive donated days. The District shall be 

defended and held harmless from any claim arising from honoring the donation. The District is 

not responsible for the personal tax liability that may be incurred by the donating employee or 

the receiving employee, should any liability arise. Less than full-time employees will be 

prorated, for both donation and for receipt of donated days

13.7.2 Procedures for granting the donated days will be determined by the OSEA Chapter 113 

Executive Board or their designees. Inquiries to the Human Resources Department shall be 

referred to the OSEA Chapter President. 

13.7.3 To apply for personal leave donation days, an eligible employee shall have exhausted all 

available paid leave days and be in need of donated days due to debilitating illness or injury. 

13.7.3.1 The employee will notify a member of the Chapter 113 Executive Board of the need for donated days.

13.7.3.2 The Chapter 113 Executive Board or their designees will review the request.

13.7.3.3 The Chapter 113 Executive Board will notify the Director of Human Resources that an employee has requested and been approved

for donated days.

13.7.3.4 Payroll will process the days as instructed by the Chapter 113 Executive Board.

13.8 Mandatory Court Appearance – An employee may be absent with pay if they are subpoenaed as a witness in court, provided they turn in any witness fees that they receive and a copy of the subpoena to the business office. In cases where the employee initiates court action, their absence will be personal leave without pay. 

13.9 Jury Duty – The District will grant full pay providing the employee turns in a copy of the subpoena and the jury fee to the business office. If jury duty responsibilities are canceled prior to the appearance, or within the first hour of jury duty, the employee will be responsible to report to work for the remainder of their shift.

14.1 The District agrees to make available medical, vision, dental benefits to each employee. District contribution, shall be limited to the following: 

The District shall contribute (based on your medical coverage selection):