1. Recognition
1.1 RECOGNITION
A. Association Bargaining Unit
The Board recognizes the Association as the exclusive and sole negotiation agent for the school nurses, applied behavior analysts, and all regular certified personnel, including all full-time and part-time Workforce Investment Area, alternative education teachers, and adult and continuing education teachers, all full-time and regularly employed part-time security personnel and teaching assistants, including Early Start Teaching Assistants, Kindergarten Teaching Assistants, Classroom Teaching Assistants, P.E. Teaching Assistants, Vocational Teaching Assistants, Technology Facilitators, Sign Language Interpreters, Braillists, Title 1 Teaching Assistants, TAOEP Assistants, Occupational and Physical Therapists and their assistants.
Included in the bargaining unit are:a
- Leave of absence replacements hired in the first semester, up to and including, the first day of the second semester.
- Replacements for resignations and newly created positions hired in the first semester, up to and including, the first day of the second semester.
- Part-time certificated employees working .9 or less, and employed no later than the first day of the second semester.
Excluded from the bargaining unit are:
- Those teachers hired the second day or later of the second semester; i.e., leave of absence replacements, newly created positions, replacements for resignations.
- Those employed on a day-to-day basis, confidential employees, and other administrative or supervisory personnel having the authority to hire, discharge, assign, transfer, promote, or discipline other employees or having the responsibility to make other recommendations therein, and any other certified personnel spending over 76% or more of the school day in administrative duties. Department Chairpersons, Teacher Instructional Leaders, Head Teachers, Psychologists, and Team Leaders spending 76% or more of the school day in administrative duties are also excluded from the bargaining unit.
B. Pro-Rata Provision
Employees included in the bargaining unit, working on other than a full-time basis, shall be provided all benefits and conditions specified in this agreement on a pro-rata basis unless expressly provided otherwise.
Definitions
- Employee: The term “employee” when used hereinafter in this agreement shall refer to all employees represented by the Association in the negotiating unit as determined in Article I, Section A.
- Teacher/ESP: The term “teacher” or “ESP” may include one employee or a group of employees who are similarly affected by this agreement.
- Days: The term “days” when used in this agreement shall mean working school days with the following exceptions:
- During summer recess the term “days” shall mean when the Administration Office is open for business.
- For Reduction in Force and non-renewal of contract notices, “days” shall mean calendar days.
4. Superintendent: The title “Superintendent” shall indicate the Superintendent of Schools or his/her designee.
5. Regular Certified: “Regular certified” shall mean any teacher employed under a contract on other than a day-to-day basis. Any teacher replacing a teacher who resigns, and/or who fills a newly created position for at least one full semester shall be employed under a contract and be a member of the bargaining unit. Furthermore, any teacher replacing a teacher on any leave of absence for at least one full year shall be employed under a contract and be a member of the bargaining unit.
6. Consultation: “Consultation” shall mean the willingness to meet with and receive recommendations from a group or individual without an obligation of either party or parties to initiate, organize, or develop procedures to do so.
7. Routine: “Routine” shall mean readily available and previously published information not requiring extensive assembly and research to obtain.
8. Assistance: “Assistance” shall mean to help, aid, succor, lend countenance or encouragement to, to participate in as an auxiliary, and to contribute effort toward accomplishment of an ultimate purpose intended to be effected by those engaged.
9. Support: “Support” shall mean to enable to continue or carry on and to provide positive assistance in dealing with a matter.
10. Teaching Position: “Teaching positions” shall mean those positions filled or vacated by teachers who are included as members of the bargaining unit.
11. Travel Teachers: A traveling teacher shall mean any teacher who is a traveling instructional staff member.