4. Association and Employee Rights
4.1: Fair Share
4.2: Payroll Deduction
4.3: Non-Discrimination Against Employees
4.4: Sole Association Rights
4.5: Employee Orientation
4.6: Board Agendas Mailed to Association Representatives
4.7: Association Use of District Facilities
4.8: Business by Association Representatives on School Property
4.9: Association Business Days
4.11: Association President Released Time
4.12: Bulletin Board, Mail Facilities, and Mailboxes
4.13: Tuesdays – Association Meeting Day
4.14: Employees’ Credit Union
4.15: Exchange of Information
4.16: Rules and Regulations
4.17: List of Association Representatives
4.18: District Inter-School Mail
4.19: Theme/Magnet Schools
4.20: In-Service Training and Committee
4.21: Grant Funded Position Guidelines
A. It is recognized that the negotiations and administration of this Agreement entail expenses which appropriately are shared by all employees who are beneficiaries of said Agreement. To this end, effective with the commencement of the forthcoming school year, if an employee does not join the Association, such employee will:
1. Execute an authorization for the deduction of a sum equivalent to the proportionate share of the cost of the collective bargaining process and contract administration; or
2. Pay directly to the Association a like sum.
B. In the event such an authorization is not signed or such direct payment is not made within 30 days following the commencement of the employment of the employee or the effective date of this section, whichever is later, the Board will deduct from the regular salary check of the employee the fair share fee in payments of equal installments, starting with the subsequent payroll period, provided:
1. The Association has posted the appropriate notices of imposition of such fair share fee in accordance with the rules and regulations of the IELRB; and
2. The Association has annually certified in writing to the Board the amount of such fair share fee and has annually certified in writing to the Board that such notice has been posted.
C. The parties expressly recognize the right of the employees to challenge the amount of fair share. The parties acknowledge that such challenges will be handled pursuant to rules adopted by the IELRB.
In the event an employee objects to the amount of such fee, the Board shall continue to deduct the fee and transmit the fee (or the portion of the fee in dispute) to the IELRB which shall hold the fee in escrow in an account established for that purpose. The Board shall continue to transmit all such fees to the IELRB until further order of the IELRB. If the employee is entitled to a refund, the employee shall receive such refund plus any interest earned on the refund during pendency of the action pursuant to applicable IELRB procedures.
E. The parties expressly recognize their obligations to and the rights of nonmembers based upon their bona fide religious tenets or teachings of a church or religious body as provided in Section 11 of the IELRA. If a nonmember employee declares the right of non-association based upon bona fide religious tenets or teachings of a church or religious body of which such employee is a member, such employee shall be required to pay an amount equal to his or her proportionate share to a nonreligious charitable organization mutually agreed upon by the employee and the Association. If the employee and the Association are unable to reach agreement on the matter, a charitable organization shall be selected from a list established and approved by the Illinois Educational Labor Relations Board in accordance with its rules.
F. The Association agrees to indemnify and save the Board harmless against any claims, charges, demands, suits, or other forms of liability which may arise by reason of any action taken or omitted by the Association or the Board in complying with the provisions of this section, including reimbursement for any legal fees or expenses incurred in connection therewith.
G. The Board agrees to notify the Association promptly in writing of any written claim, demand, or suit in regard to which it will seek to implement the provisions of the Section F above, and, if the Association so requests in writing, to surrender claims, demands, suits, or other forms of liability.
4.2 PAYROLL DEDUCTION
A. Procedure For Membership Authorization:
Proper authorization for membership payroll deductions (as opposed to Fair Share deductions) shall be the signature of each employee on an authorization form prepared by the Association and submitted to the Office of Human Resources. Such authority shall remain continuously effective from year to year unless the employee cancels such authorization by notice in writing to the Office of Human Resources and the Association prior to September 15 of any school year, to be effective for such year.
B. Payment to the Association:
Authorization properly submitted to the Office of Human Resources by the 15th of any month shall become effective by the first pay period of the following month. Such payroll deductions shall be equally deducted over the remaining pay periods and remitted to the Association within five working days following each pay period.
4.3 NON-DISCRIMINATION AGAINST EMPLOYEES
The Board and the Association agree not to discriminate against any employee because of participation or lack of participation in activities of the Association. The Board shall appoint employees to all assignments on basis of qualifications without regard to race, creed, color, gender, age, disability, marital status (except in cases of building administrators, their spouses, and/or children who are assigned to employment in the same building), national origin, ancestry, or place of residence. It is recognized that this obligation shall not be grievable under a finding or order of a court of competent jurisdiction to comply with its ruling.
However, it is also agreed that at times it may be necessary to treat different classifications of employees in a manner which is different but appropriate, in which case this different treatment will be specifically negotiated and ratified by the parties pursuant to Article II, in which case this Section (4.4) shall not take precedence over any other article or section of this contract.
4.4 SOLE ASSOCIATION RIGHTS
As long as the Association is recognized as the bargaining agent for the bargaining unit described herein, the rights granted herein to the Association shall not be granted or extended to any competing employee organization.
4.5 EMPLOYEE ORIENTATION
The Association and the Board agree that, at the request of the Association, a reasonable time (up to one hour) will be made available during Orientation Institutes for Association purposes.
4.6 BOARD AGENDAS
Board Agendas shall be posted on the District website at least 48 hours prior to scheduled Board meetings, notice of changes and/or addendums to the Board Agendas will be provided to the leadership of the Association.
4.7 ASSOCIATION USE OF DISTRICT FACILITIES
The Board will allow the Association to use District facilities for committee, general or building employee meetings outside of school hours. If the facility requested is unavailable, another facility will be provided. Association members will be allowed to store miscellaneous Association materials in their rooms in a place not available to students.
4.8 BUSINESS BY ASSOCIATION REPRESENTATIVES ON SCHOOL PROPERTY
Authorized agents of the exclusive bargaining representative (the Association), upon notifying the school office, may meet with school employees in the school building during duty free times of such employees. There shall be no interruptions of the educational program.
4.9 ASSOCIATION BUSINESS DAYS
The Association shall be granted by the Board up to 146 days release time for members designated by the Association President. The Board of Education will pay for the cost of substitutes for the first 38 Association days, and the remaining days shall be paid by the Association.
Association Recognition at Board Meetings:
The Board agrees to recognize representatives of the Association at its regular meetings to discuss appropriate topics. To insure proper consideration of each topic, the Association shall submit its request in writing to the Superintendent, giving details of the topic to be discussed. Such request shall be submitted at least one hour prior to the meeting of the Board. The Association shall not use this channel to circumvent the negotiations process.
Employee Recognition at Board Meetings:
Any individual or group of employees may present views and opinions to the Board at a regular meeting after having filed proper notice.
Association Representative and Building Principals’ Meetings:
Association Representatives and Building Principals shall meet in consultation upon request by either party. If disagreement is not resolved to the satisfaction of either party within seven days of the original meeting, either party may request further consultation with a representative of the Association and a representative of District 186 Central Administration Staff present at the meeting. This meeting shall be held within 12 days of the original meeting.
Board of Education and Association Meetings:
The Board and the Association shall meet in consultation upon request by either party. Such request shall state the topic of discussion and the meeting dates requested. All such meetings shall be held within 25 days of the original request and shall be held in compliance with the open meeting law. These consultations shall be entered into formally with a view toward smooth operations of the schools.
4.11 ASSOCIATION PRESIDENT RELEASED TIME
Full-Time Released Option:
If requested by the Association 60 calendar days in advance of the first semester and/or second semester and after consultation with the Superintendent, the President shall have the option of being released from part or all of his/her assignment. The Association agrees to reimburse the District for the cost expended for salary by the Board to staff this position. Reimbursement will be forwarded at the end of the second semester. S/he shall be considered a full-time employee of the District with respect to the Illinois State Teachers’ Retirement System/IMRF, all fringe benefits, tenure status and placement on the salary schedule. Upon return from leave at the beginning of the next school year, the President shall return to the exact assignment which he/she left if that position still exists. This will not preclude application to a vacancy for another position.
The Association agrees to reimburse the District for the cost of providing the President’s substitute medical and life insurance pursuant to the negotiated agreement.
4.12 BULLETIN BOARD, MAIL FACILITIES, AND MAILBOXES
The Association shall have the right to use the school mailboxes. Moreover, the Association shall have, in each school building, adequate space on a bulletin board in each faculty lounge and/or employees’ dining room. The Association shall also be assigned adequate space on the bulletin board in the central office of each school for Association notices. No notices relating to advertising, or for personal profit or gain shall be posted on any central office bulletin board, and notices relating to the sale of articles or soliciting of funds shall be posted on boards only with the approval of the Superintendent. No notice relating to political elections in the public sector shall be posted on any school bulletin boards or placed in any mailbox.
4.13 TUESDAYS – ASSOCIATION MEETING DAY
Every attempt will be made to clear the second and fourth Tuesday of each month during the school year of school-related meetings under the jurisdiction of the Board.
4.14 EMPLOYEES’ CREDIT UNION
Payroll Deduction Plan:
School District 186 shall provide an optional payroll deduction plan for investment of monies into the Sangamon Schools Credit Union and/or the Illinois Education Association Credit Union. The deduction may be initiated or adjusted by submitting the proper forms to the Payroll Department.
Payment to Credit Union(s):
The Treasurer of the Sangamon Schools Credit Union and the Treasurer of the Illinois Education Association Credit Union may collect all deducted monies from the designated representative of the Board within five working days following each pay period.
4.15 EXCHANGE OF INFORMATION
The Association and the Board will cooperate in sharing available information on matters of mutual concern. The Board shall furnish to the Association, in response to reasonable request, three copies of routine reports concerning the financial resources of the District, including annual financial reports, audits, and budgets in a good-faith effort to assist the Association in developing intelligent, accurate, and constructive programs on behalf of the employees, their students, and the general public. Similarly, the Association shall furnish in response to reasonable request, three copies of routine reports developed by the Association relative to those financial reports, audits, and budgets, so that the Board may act in a similarly intelligent, accurate, and constructive manner.
4.16 RULES AND REGULATIONS
A. All policies, regulations, and rules of the Board must be published and readily available to the professional staff and shall be made available to anyone upon request. Copies of policies, regulations, and rules concerning student discipline procedures shall be distributed to all employees on the first day of school. Copies of building policies, regulations, and rules concerning the expectations of employees shall be distributed to each employee in that building. Changes in existing policies, regulations, and rules shall be given to each employee immediately preceding implementation.
B. Employees should be familiar with all district and building regulations and cooperate with principals and the rest of the teaching staff in seeing that the rules and regulations are carried out. It shall be the responsibility of the building administrator(s) to provide copies of these written regulations to each employee.
C. It is understood that employees, at times, may find it necessary to make personal calls. Outgoing personal phone calls should be limited to emergencies or business that cannot be handled after hours. The District shall be reimbursed for all personal long distance calls.
4.17 LIST OF ASSOCIATION REPRESENTATIVES
The Association will provide the Superintendent’s office with a list containing the names and addresses of Association Representatives not later than June 1 of each year.
4.18 DISTRICT INTER SCHOOL MAIL
The Association will be assigned a mailbox in the school nearest the Association’s office, and may receive and distribute mail from that school. The Association agrees to indemnify and save the Board harmless against any claims, charges, demands, suits or other forms of liability which may arise out of the Association’s use of the District Inter-School mail service provided that the Board gives its cooperation in the preparation of such defense. The Association agrees to defend such action, at its own expense and through its own counsel, provided the employer gives immediate notice of such action in writing to the Association and permits the Association intervention as a party if it so desires.
4.19 THEME/MAGNET SCHOOLS
The Board of Education shall, within five business days of receipt of a proposal for a theme or magnet school, or for any other proposed changes in working conditions, forward a copy of said proposal to the Association.
4.20 IN-SERVICE TRAINING AND COMMITTEE
A. In Service Training Workshops:
It is the responsibility of the Superintendent to plan and schedule in-service training workshops annually, following the recommendation of the Association Workshop Consultant Committee.
B. Association Workshop Consultant Committee:
The Association shall provide a consultant committee to aid the Superintendent in planning and implementing the in-service training workshops. The names of the members of this committee shall be submitted to the Superintendent by September 15.
4.21 GRANT FUNDED POSITION GUIDELINES
When the District implements a program that is subject to guidelines and procedures from the grantee that may be in conflict with this agreement, the district will bargain the working conditions via a memorandum of understanding. A job description will be created and the MOU will be in effect prior to any staff member accepting the grant funded position. Any pilot program which is to be administered through a grant shall go through the contractual ILT process.