TENTATIVE AGREEMENT: MUTA

This is the tentative agreement for April 2005. There will be a new agreement posted here as soon as it is available.

TENTATIVE AGREEMENT BETWEEN

SEQ CHAPTER \h \r 1MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT

AND

MARYSVILLE UNIFIED TEACHERS ASSOCIATION

April 7, 2005

This tentative agreement will close negotiations for 2003-04 school year upon ratification. Further, all actual or potential unfair labor practice charges by either party, which relate to these negotiations, shall be withdrawn with prejudice or not be filed.

ARTICLE XV: SALARY

The District will improve the teacher general salary schedule by two percent (2.0%) retroactive to July 1. 2004. Further, the District will provide a one-time, off-salary schedule bonus for bargaining unit members using $272,000.00 as the funding source amount. Amount for less than full-time teachers, shall be prorated.

The District will increase the hourly rate of Extra-Pay for Extra-Duty (Appendix F, Section F, paragraph 1) from $25.28 to $36.22 (amount includes the proposed 2% increase to salary schedule) using column three, step 12 of the teachers’ salary schedule, as the reference point for computing future hourly rates of compensation for this category—effective on date of ratification by the Association.

The District further agrees that the Association has the right to negotiate an increase to the salary schedule or a one-time, off-salary schedule “bonus” when the District receives any increase in revenue or realization of savings, or in the event the Unrestricted Revenue Fund Balance exceeds three percent (3.0%).

ARTICLE XX: RETIREMENT INCENTIVE

The District will offer the Golden Handshake (i.e., two (2) additional years of service credit) in lieu of health benefits, for all eligible employees who indicate their intent to retire during a window period through June 25, 2005 and who do retire following the close of school for the 2004/05 school year.

ARTICLE VII: CALENDAR

Commencing with the 2005/06 school year, the District will 1) reduce the teacher work year calendar from the current one hundred eighty-four and one-half (184 ½) teacher work days to one hundred eighty-three (183) teacher work days with no reduction in the general salary schedule and 2) offer four (4) additional staff development days with attendance being on a voluntary basis and compensation being paid at the Extra Pay for Extra Duty hourly rate.

ARTICLE XXII: PEER ASSISTANCE AND REVIEW

The District agrees to revise Paragraph E. 4. to read:

The term of the Consulting Teacher shall be not more than four (4) years. At the conclusion of his/her term the teacher shall return to a teaching position for two (2) years in order to be eligible again to be a Consulting Teacher. The term of the Consulting Teacher may be extended by mutual agreement of both the District and the Association. For purposes of contract administration relating to this Paragraph E., the 2005/06 school year shall be considered the “first year of the Program.”

SEQ CHAPTER \h \r 1ARTICLE V: TRANSFERS AND REASSIGNMENTS (Article as initially proposed by District follows, with revisions to Paragraphs B, 3a and B, 3b included)tc "ARTICLE V\: TRANSFERS AND REASSIGNMENTS"

A. Transfers tc " A. Transfers " \l 2

1. Transfers Defined

A transfer is the movement of an employee from one school site to another school site.

a. Voluntary Transfer - Employee-initiated request to be assigned to another school site.

b. Involuntary Transfer - District-initiated assignment of an employee to another school site.

2. Voluntary Transfer

a. (1) An employee may request a voluntary transfer at any time prior to the closing date of the desired position ~~to be made during the school year or to be made at the beginning of the next school years. In either event, t~~. The request shall be made on a “Request for Transfer Form” and ~~sent to~~filed with the Assistant Superintendent of Personnel. The transfer is to be acknowledged within ten (10) working days of receipt of the request.

(2) The employee request for transfer~~/reassignment~~ shall be kept on file for the ~~calendar~~school year in which the request is made unless the transfer is granted prior to the end of the school year. All requests for transfer forms shall become void upon the conclusion of the ~~calendar~~school year in which the forms were filed and a form must be refiled in order to be considered during the subsequent ~~calendar~~school year.

b. When the request for transfer is to take effect at the beginning of the next school year, it shall be submitted to the Assistant Superintendent of Personnel no later than April 1st of the proceeding year. The request for transfer shall be kept confidential.

c. All employees on leave, who are returning to work, shall be assigned before the announcement of a vacant position is made for employees who wish to transfer.

d. All requests for transfer shall be considered according to the following criteria:

(1) The employee requesting the transfer must have the credential to perform the required service, and the agreement of the principal of the proposed school site.

(2) Provided all criteria as stated in d.(1) are met, applicants from within the District shall be given an opportunity to interview and be considered for vacancies along with out-of-district applicants.

(3) If all finalist applicants are District employees and all criteria stated in d.(1) are equal, the final selection shall be based on District-wide seniority.

e. Any employee requesting a voluntary transfer in a school where reduction in number of employees is planned, shall be given priority, based on credentials held or specialized training, in lieu of other employees being involuntarily transferred.

f. The employee shall not be subject to any pressure to request a voluntary transfer.

g. If a voluntary transfer is denied and upon employee written request, the specific reasons shall be provided to the employee for the denial of the request in writing within ten (10) working days.

h. All known vacancies for the following school year shall be filled by June 30th of the preceding year from the list of employees requesting a voluntary transfer, provided the criteria stated herein are met.

i. Any employee who is on leave, summer break, or off track, who has requested notification of a specific job vacancy ~~and who has provided a self-addressed, stamped envelope to the Assistant Superintendent of Personnel will be mailed a notice of such vacancy~~ shall be provided written notice if other forms of notice are unsuccessful.

j. Upon termination of any special program to which an employee has voluntarily~~/involuntarily~~ transferred, if there is an opening, the employee has the option to return to his/her prior school or to remain at that special program school. If there is no opening at either site, the employee shall be allowed to choose from a list of available openings according to credential and District-wide seniority.

3. Involuntary Transfer

a. The transfer shall not be punitive or disciplinary in nature.

b. The transfer must be based on educational related needs of the District, e.g., credentials held or specialized training, with consideration being given to District-wide seniority.

c. The employee to be involuntarily transferred shall have the right to indicate a preference from a list of vacancies.

d. The employee to be involuntarily transferred shall be given priority for placement before voluntary transfers are made or new staff members are hired, unless the voluntary transfer should remove the need for the involuntary transfer.

e. For involuntary transfers resulting from reduction in services or programs at a site, the District shall grant an employee’s indicated preference based on proper credentials, specialized training, and his/her District seniority.

f. The employee to be involuntarily transferred shall be given the reasons in writing for the impending transfer ten (10) working days before the end of the school year. Exceptions may be made if there are changes in District enrollment, staffing patterns, or budgetary changes, or other District needs as determined by the administration. When these exceptions arise a rationale shall be provided to the employee.

g. The involuntary transfer shall not result in a loss of pay for equal service, loss of seniority, or fringe benefits to the employee.

h. If an employee has been involuntarily transferred based upon a reduction in services or programs at that site, and a vacancy subsequently occurs at that site during the immediately following summer break or off-track period, the employee shall be notified in writing by certified mail and shall have the option to return to his/her original school site. The employee shall notify the Assistant Superintendent of Personnel by certified mail of his/her decision to return to his/her original school site within ten (10) working days of receiving such notification.

B. Reassignments tc " B. Reassignments " \l 2

1. Reassignments Defined

A reassignment is the movement of an employee to another subject area or grade level at the same school site.

a. Voluntary Reassignment - Employee-initiated request to be reassigned to another grade or subject area within the same school.

b. Involuntary Reassignment - District-initiated reassignment of an employee to another grade or subject area within the same school site.

2. Voluntary Reassignment

a. Requests for voluntary reassignment shall be made to the site principal on a request for transfer/reassignment form.

b. Consideration of voluntary reassignments requests shall be based upon the educational related needs of the District, e.g., credentials held or specialized training.

c. If a voluntary reassignment request is denied and upon employee written request, the specific reasons shall be provided to the employee for the denial of the request in writing within ten (10) working days.

3. Involuntary Reassignment

a. The reassignment shall not be punitive or disciplinary in nature.

b. The reassignment must be based on educational related needs of the District, e.g., credentials held or specialized training, with consideration being given to District-wide seniority.

~~b. The involuntary reassignment of the employee shall be made on the basis of credentials.~~

c. The employee to be involuntarily reassigned shall be given the reasons in writing for the impending reassignment ten (10) working days before the end of the school year. Exceptions to this time line may be made if there are changes or other District needs as determined by the administration.

d. The involuntary reassignment shall not result in a loss of pay for equal service, loss of seniority, or fringe benefits to the employee.

e. If a vacancy occurs from which an employee has been involuntarily reassigned, the employee shall be notified in writing by certified mail and shall have the option to return to his/her original assignment at the beginning of the next school year. The employee shall notify by certified mail to the site administrator his/her decision within ten (10) days of receipt.If an employee has been involuntarily reassigned and a vacancy subsequently occurs at that site during the immediately following summer break or off-track period, the employee shall be notified in writing by certified mail and shall have the option to return to his/her original school site. The employee shall notify the Assistant Superintendent of Personnel by certified mail of his/her decision to return to his/her original classroom assignment within ten (10) working days of receiving such notification.

4. Upon termination of any special program to which an employee has been voluntarily/involuntarily reassigned at a site, the subsequent assignment of the employee at the site shall be based upon credential and District-wide seniority. If such placement results in overstaffing at the site, the least senior employee at the site will be involuntarily transferred according to the provisions of Article V.B.3. (Involuntary Transfer).

C. Assistance

Any teacher voluntarily or involuntarily transferred or reassigned after the commencement of the student instructional year, shall receive one (1) day of release time to be used for purposes of preparing for the new position.

D. Teacher on Special Assignment (new section)

1. A teacher on special assignment is a teacher who performs teaching

related duties outside the classroom in a position other than in a

classroom teaching assignment. The original term of a teacher on

special assignment may be up to four (4) school years, if the special

assignment position is 50% or less, and three (3) years, if the special

assignment position is 50% or more. Percentage of assignment is

based on 1.0 FTE.

2. When a teacher accepts a teacher on special assignment position, his/her former classroom teaching position, if applicable, will be posted and filled as a temporary position for a term not to exceed the term of the teacher’s initial assignment.

3. Upon completion of the term of the teacher on special assignment

duty, the teacher has the option to return to his/her prior classroom

position providing his/her prior classroom position was last

occupied by a temporary teacher or is otherwise vacant. If the

teacher’s last classroom position was not occupied by a temporary

teacher or is not otherwise vacant, the teacher shall be allowed to

choose from a list of available openings according to credential and

District-wide seniority.

4. All teachers on special assignment positions shall be posted upon

expiration of term if the District intends that the position is to be

continued.

5. The term of a teacher on special assignment may be extended by

mutual agreement between the District and the Association.

Otherwise, a teacher on special assignment may not apply for

consecutive assignments until he/she has been in the classroom for

two years.

ARTICLE XIII: CLASS SIZE

The District will add a new Paragraph F to read as follows:

The school average for all physical education classes shall not exceed an average of thirty-

three (33).

The District will delete the reference to physical education classes in Paragraphs C and D.

ARTICLE IV: LEAVES AND ABSENCES

N. Personal Necessity Leave to read as follows:

1. (No change.)

2. Up to seven (7) days of absence allowed pursuant to Paragraph A of this Article may be granted for other circumstances of personal necessity that (1) requires the immediate presence of the teacher to prevent serious economic loss or disruption of the teacher’s personal life and (2) cannot be resolved outside the teacher work day. However, one (1) of those seven (7) days may be used for whatever purpose the teacher deems appropriate except as provided in section 3 below and this day cannot be used on staff development days.

3. Personal necessity leave cannot be used to engage in other employment or any illegal activities, including illegal concerted labor activities.

For the Association, April 7, 2005: For the District, April 7, 2005: