COLLECTIVE BARGAINING AGREEMENT

between the

SEDRO-WOOLLEY EDUCATIONAL OFFICE

PERSONNEL

and the

SEDRO-WOOLLEY SCHOOL DISTRICT NO. 101

BOARD OF DIRECTORS

2018-2021

TABLE OF CONTENTS

Page

Number

ARTICLE I - DECLARATION OF PRINCIPLES .............................................................. 1

ARTICLE II - MANAGEMENT RIGHTS .......................................................................... 1

ARTICLE III - RECOGNITION .......................................................................................... 1

ARTICLE IV - EMPLOYMENT PROCEDURES

A. Categories ................................................................................................ 1

B. Bargaining Unit Work ............................................................................. 2

C. Seniority................................................................................................... 2

D. Probation Period ...................................................................................... 2

E. Reclassification Procedure ....................................................................... 3

ARTICLE V - INDIVIDUAL RIGHTS

A. Just Cause ................................................................................................ 3

B. Personnel Files ......................................................................................... 4

C. Non-Discrimination ................................................................................. 4

D. Student Discipline .................................................................................... 4

E. Safe Working Conditions......................................................................... 4

F. Technology .............................................................................................. 5

G. Break Schedule ........................................................................................ 4

ARTICLE VI - ASSOCIATION RIGHTS

A. Information, Communication, Access ..................................................... 5

B. Association Release Time ........................................................................ 5

C. Dues Deduction, Representation Fee, and Payroll Deduction ................. 6

ARTICLE VII - SALARY AND BENEFITS

A. Salary ....................................................................................................... 6

B. 2015-2018 Salary ..................................................................................... 7

C. Overtime .................................................................................................. 7

D. Insurance .................................................................................................. 7

E. Sick Leave ............................................................................................... 8

E.1 Illness in the Immediate Family Leave ...................................... 8

E.2 Doctor/Dental Appointment Leave ........................................... 8

E.3 Emergency Leave ...................................................................... 9

E.4 Leave Sharing ............................................................................ 9

E.5 Sick Leave Retirement Conversion ........................................... 9

E 6 Injury While on Duty................................................................. 9

F. Personal Leave ......................................................................................... 10

G. Bereavement Leave ................................................................................. 10

H. Jury Duty ................................................................................................. 10

I. Maternity Leave ....................................................................................... 10

J. Child Care Leave ..................................................................................... 10

K. Holidays ................................................................................................... 10

L. Family Medical Leave ............................................................................. 11

M. Vacations ................................................................................................. 11

M.1 Vacation Entitlement ................................................................. 11

M.2 Unused Vacation ....................................................................... 11

N. Conferences and Travel Expenses ........................................................... 11

O. Training Fund .......................................................................................... 11

................................................................................................................. Page

Number

P. Moving..................................................................................................... 12

Q. Dispensing of Medications ...................................................................... 12

R. Availability of Substitutes ....................................................................... 12

S. Medical Leave ......................................................................................... 12

T. Other Leaves ............................................................................................ 12

U. Call Out to Work During Non Scheduled Time ...................................... 12

ARTICLE VIII - VACANCIES, PROMOTIONS AND TRANSFERS

A. Definitions ............................................................................................... 13

B. Application of Seniority........................................................................... 13

C. Voluntary Transfers ................................................................................. 13

D. Involuntary Transfers ............................................................................... 14

E. Promotions ............................................................................................... 14

F. Substitute Credit ...................................................................................... 14

G. Testing Waiver......................................................................................... 14

ARTICLE IX - LAYOFF AND RECALL ........................................................................... 15

ARTICLE X - GRIEVANCE PROCEDURE ...................................................................... 16

ARTICLE XI - DISTRIBUTION OF AGREEMENT ......................................................... 18

ARTICLE XII - EVALUATION ......................................................................................... 18

ARTICLE XIII - CALENDAR ............................................................................................ 19

DURATION ......................................................................................................................... 19

APPENDIX 1 - SALARY SCHEDULE and SALARY CLASSIFICATIONS .............. 20-22

APPENDIX 2 - CLASSIFICATION APPEAL PROCESS GUIDELINES .................... 23-24

- CLASSIFICATION APPEAL WORKSHEETS .................................. 25-26

APPENDIX 3 - ABSENCE GUIDELINES ......................................................................... 27

APPENDIX 4 - MEMORANDUMS OF UNDERSTANDING. ..................................... 28-29

APPENDIX 5 - EVALUATION ..................................................................................... 30-31

1

ARTICLE I - DECLARATION OF PRINCIPLES

A. Participation of employees in the formulation and implementation of wages, hours, terms and conditions of the

Agreement affecting them contributes to effective conduct of school business.

B. The efficient administration of the system of public instruction and well-being of employees requires that orderly

and constructive relationships be maintained between the parties hereto.

C. Subject to law and the paramount consideration of service to the public employee-management relations should

be improved by providing employees an opportunity for greater participation in the formulation and

implementation of wages, hours, terms, conditions of the Agreement and procedures affecting the conditions of

their employment.

D. Effective employee-management cooperation requires a clear statement of the respective rights and obligations

of the parties hereto.

E. It is the intent and purpose of the parties hereto, to promote and improve the efficient administration of the

District and the well-being of employees within the spirit of the Public Employee's Collective Bargaining Act, to

establish a basic understanding relative to wages, hours, terms and conditions of employment, practices and

procedures, and to provide means for amiable resolution of differences and adjustment of grievances.

ARTICLE II - MANAGEMENT RIGHTS

It is understood and agreed that the powers and responsibilities to direct, manage and control the operations are

affairs of the District, are reserved exclusively to the District and the governing Board, except as they are limited

by this Agreement in the manner and to the extent authorized by law.

ARTICLE III - RECOGNITION

A. The Sedro-Woolley School District recognizes the Sedro-Woolley Educational Office Personnel,

C.P.E.A./W.E.A./N.E.A. as the exclusive bargaining representative for the Educational Secretaries, employed by

the District. The bargaining unit to which this Agreement is applicable shall consist of all District secretaries,

except the Superintendent's secretary, the Assistant Superintendent’s secretary, the secretaries to the Executive

Directors and five (5) secretaries in the Human Resources department, for a total of nine positions. In the event

the District determines it is necessary to increase the number of exempt positions the District will meet with

S.W.E.O.P. to discuss the planned increase prior to implementation. If the parties cannot agree the issue will be

referred to the Public Employment Relations Commission for determination.

B. The term secretary shall be defined as those classified employees working within the various administrative or

Educational Support Personnel offices of the District as administrative clerical support personnel.

C. This Agreement is made and entered into between the Sedro-Woolley School District Number 101 (hereinafter

"District" or "Employer") and the Sedro-Woolley Educational Office Personnel (hereinafter "Association").

ARTICLE IV - EMPLOYMENT PROCEDURES

A. Categories

The employer and the Association recognize six categories of positions. Bargaining unit work shall be

performed only by employees in one of the six following categories:

1) Year-round full-time: A position that is equal to 8 hours per day for 12 months per year (2080 hours).

2) Year-round part-time: A position that is less than 8 hours per day for 12 months per year (less than 2080

hours).

3) School-year full-time: A position that is equal to 8 hours per day during the entire school year (1440 hours).

2

4) School-year part-time: A position that is less than 8 hours per day during the school year(less than 1440

hours).

5) Substitute: A position filled full-time or part-time while the regular employee is absent. It is expressly

understood and agreed that a substitute shall in no case fill a bargaining unit position for a period in excess

of sixty (60) working days.

6) Leave Replacement: A position filled to replace an employee who has been granted a board approved leave

lasting longer than thirty (30) consecutive workdays or was converted from a substitute position, because it

extended beyond sixty (60) working days.

B. Bargaining Unit Work

In no case shall employees be required or requested to perform any duty normally performed by other employee

bargaining units. Nor shall any bargaining unit work be performed by non-bargaining unit members.

If temporary secretarial time is needed during the school year, the employee currently filling the affected position

at the worksite shall be given the opportunity to fill the extra time before the time is assigned to another

employee. If the temporary hours cannot be assigned to the affected employee the hours will be assigned to

qualified bargaining unit members within the building by seniority if possible. If not possible the hours will be

offered to other bargaining unit members by seniority.

If the District determines that substitute work or temporary secretarial work in additional to that regularly

scheduled is needed during the summer, qualified bargaining unit secretaries shall be given the opportunity to fill

this extra time. Employees who notify the Personnel Office in writing prior to the last student day in June of

their interest in being called in for such work will be called in by seniority as such work is needed. Employees

will be compensated at their step within the classification of said work.

C. Seniority

The seniority of an employee in the bargaining unit shall be established as of the employee's first work day for

the District as a represented secretary in a permanent position or first work day of a leave replacement position if

the employee is subsequently hired without a break in service in the same permanent position (hereinafter called

hire date). Seniority shall cease upon termination of such employment. There shall be no gain in seniority credit

for time on an unpaid leave of absence from a SWEOP position. In the event that more than one individual

employee has the same hire date, position on the seniority list shall be determined within 30 days of hire by a

draw of cards (conventional 52 card deck, utilizing one suit, Ace to be considered the highest card).

The employer shall prepare, maintain and post the seniority list. The initial seniority list shall be prepared and

posted conspicuously in all buildings of the District within thirty (30) days after the ratification of this

Agreement with revisions and updates prepared and posted annually thereafter. The Association shall be notified

of any changes or revisions made between the annual postings.

D. Provisional Period

Each new hire shall be within provisional status for the first sixty (60) working days following their beginning

date in that new position (excluding involuntary transfers). During this provisional period, the employee may be

discharged by the District at its discretion. However, if so requested by the employee, the District shall provide

the provisional employee the reason for the discharge in writing.

At the end of the provisional period, the employee will be placed on regular employee status and be subject to all

rights contained in this Agreement retroactive to his/her hire date. The decision to discharge provisional

employees is not subject to the grievance procedure.

E. Reclassification Procedure (For further detail refer to Appendix 2.)

Employees who seek reclassification of their jobs may do so by using the following procedure:

3

1. Employees who believe their positions should be reclassified shall submit a written request for

reclassification containing rationale to the reclassification review committee (the committee will be

composed of four (4) persons: each party will submit four (4) nominees to the other party from which two

(2) will be chosen). The committee will review the request and make a recommendation to the Director of

Human Resources who will make an initial determination as to approval or denial within ten working days

after receipt of the committee recommendation.

2. Requests denied at level one may, within ten working days, be appealed in writing through the S.W.E.O.P.

to the Director of Human Resources. The Director of Human Resources will thoroughly review the request

and respond in writing to the employee and the S.W.E.O.P. within ten business days. The response will

state the reasons for granting or denying the request.

3. Requests denied at level two may, within ten working days, be appealed in writing through the S.W.E.O.P.

to the Superintendent. The Superintendent will thoroughly review the request and respond in writing to the

employee and the S.W.E.O.P.. The response will state the reason for granting or denying the request. The

decision of the Superintendent will be final and binding for each request appealed to level three.

ARTICLE V - INDIVIDUAL RIGHTS

A. Just Cause

No employee shall be disciplined without just and sufficient cause.

The specific grounds forming the basis for disciplinary action will be made available to the employee and the

Association in writing.

An employee shall be entitled to have present a representative of the Association during any disciplinary action

or other conference called by an immediate supervisor regarding job related concerns. When a request for such

representation is made, no action shall be taken with respect to the employee until such representative of the

Association is present. Further, in the event a disciplinary action is to be taken, the employee shall be advised of

the right to representation under this provision of the Agreement prior to the action being taken.

The employer agrees to follow a policy of progressive discipline unless severity of the infraction warrants a more

severe punishment. Progressive discipline normally includes written reprimand, suspension without pay, with

discharge as a final and last resort. Any disciplinary action taken against an employee shall be appropriate to the

behavior which precipitates said action.

Any complaint not called to the attention of the employee within 15 site business days of receipt may not be used

as the basis for any disciplinary action against the employee.

No disciplinary notices more than three (3) years old shall be applied toward future disciplinary actions unless

the same offense was committed during the three (3) year period of time. If the same offense has not been

committed during the three year period, any such notice shall be removed from the employee's file.

B. Personnel Files

Employees or former employees shall, upon request, have the right to inspect all contents of their complete

personnel files kept with the employer as well as employment references upon leaving the District. Upon

request, a copy at the District expense of any documents contained therein, shall be afforded the employee. No

secret, duplicate, alternate or other personnel file shall be kept anywhere in the District. Anyone, at the

employee's request, may be present in this review.

Any derogatory material not shown to an employee within ten (10) working days after receipt or composition,

shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. No

evaluation, correspondence, or other material making derogatory reference to an employee's character or manner

shall be kept or placed in the personnel file without the employee's knowledge and opportunity to attach their

4

own comments. Upon request by the employee, the Superintendent or his official designee shall sign to verify

contents.

C. Non-Discrimination

The parties agree that neither will discriminate against any District employee by reason of race, creed, color,

marital status, sex, age, national origin, political activity or lack thereof, or because of membership in employee

organizations or lack thereof.

Employees shall have the right to self-organization, to form, join or assist employee organizations, to bargain

collectively through representatives of their own choosing and shall also have the right to refrain from any and

all such activities. Such rights shall be exercised in a manner consistent with the provisions of RCW 41.56.

Nothing contained in this Agreement shall be construed to deny or restrict to any employee rights they may have

under applicable laws and regulations. The rights granted to employees hereunder shall be deemed to be in

addition to those provided elsewhere.

D. Student Discipline

Employees having concerns about general or specific student discipline concerns may request a meeting with the

appropriate administrator or designee. If such a meeting is requested it will occur at a mutually agreeable time.

Secretaries shall not be expected to monitor students assigned to ISS or detention from the classroom or recess.

E. Safe Working Conditions

The District will continue the District Safety Committee and will clarify the process for selection of the Building

Representatives to the committee, as well as informing all employees about the procedure for bringing their

concerns to the committee.

The District will complete work on a Building Crisis Plan covering such concerns as providing support for staff

faced with a potentially dangerous situation, lockdown, dealing with intruders and/or unwelcome visitors, and

threats, which may result in serious harm to anyone at the building. This plan will be provided to each staff

member and reviewed for understanding and clarification at a meeting, which all building personnel will attend.

Upon discovery of an unsafe or hazardous condition including but not limited to air quality, an employee shall

promptly bring said condition to the attention of the building administrator. The administrator shall promptly

investigate the alleged unsafe or hazardous condition and then shall promptly make a determination as to whether

such condition exists. If such a determination is made the employee shall not be required to work under the

unsafe or hazardous condition. The District agrees to comply with all local, state, and federal regulations as

required.

F. Technology

Employees shall have updated software and technology sufficient to allow access to and utilization of files and

programs as required to carrying out assigned tasks.

G. Shifts of five (5) consecutive hours or more shall receive a (30) minute duty-free lunch period, as near the middle

of the shift as practicable.

Shifts of at least three (3) consecutive hours shall receive one rest period as near the middle of the shift as

practicable. Shifts of more than six (6) hours shall receive two rest periods, both of which rest periods shall

occur as near the middle of each half shift as practicable. Rest periods shall be fifteen (15) minutes in duration

and with mutual agreement may be combined with the duty-free lunch period.

Any disputes arising from this section shall be addressed utilizing the grievance procedure.

5

ARTICLE VI - ASSOCIATION RIGHTS

A. Information, Communication, Access

1. The employer agrees to furnish to the Association in response to reasonable request any available

information which may be necessary for the Association to carry out its function as exclusive representative.

2. Whenever any representative of the Association or any employee is mutually scheduled by the parties to

participate during working hours in negotiations, grievance proceedings, conferences, or meetings, the

employee shall suffer no loss in pay.

3. Representatives of the Association shall be permitted to transact official Association business on school

property at all reasonable times so long as such activity does not interfere with the normal business operation

of the District.

4. The Association and its representatives shall have the right to use school buildings at all reasonable hours for

meetings, provided a custodian is on duty and prior arrangements have been made through the building

principal/supervisor.

5. The Association shall have the right to use school facilities and equipment, when such equipment is not

otherwise in use, provided they pay for such cost of supplies and materials intended for such use.

6. The Association shall have the right to use the school mail boxes.

7. The rights and privileges of the Association and its representatives as set forth in this Agreement shall not be

granted to any other organization which may compete with the Association for membership.

8. Special conferences for important matters will be mutually scheduled between the Association President and

the employer's designated representative upon request of either party.

B. Association Release Time

The employer shall provide to the Association up to 80 hours per year of release time for the handling of

Association business as deemed appropriate by the Association President.

The Association shall reimburse the District the actual cost of providing substitute services so long as members

of the bargaining unit are given first opportunity for the additional hours, provided they are qualified and such

substitute hours do not conflict with their regularly scheduled hours, and so long as the substitute is not paid

more than the employee being replaced.

C. Dues Deduction, Representation Fee, and Payroll Deduction

All eligible employees who choose to become a member of the Association will pay dues to the Association,

including local, state and national.

The employer shall enforce this provision by deducting from the member's salary, each pay period, the dues

required of membership and the employer shall transmit the dues to the treasurer of the Association each pay

period.

2. PAYROLL DEDUCTIONS - All salaries are subject to payroll deductions for:

State Employment Retirement System

Withholding Tax

FICA

Absence not provided for by leaves (computed at per diem based on the secretary's annual salary for

each day's absence)

Labor and Industries Insurance

6

The following deductions shall be made if authorized by the individual and/or billed by automatic payroll

authorization billing:

Additional withholding tax

Approved medical plans

Approved Salary Insurance

Approved Tax sheltered annuities

Dues

Life Insurance

NEA FCPE

WEA-PAC

Approved Long and Short term disability insurance

United Way

Flexible Spending Account

Sedro-Woolley Schools Foundation

ARTICLE VII - SALARY AND BENEFITS

A. Salary

1. All employees covered by this Agreement shall be paid through direct deposit (multiple accounts may be

selected by the employee) in accordance with the "S.W.E.O.P. Salary Schedule" attached hereto. Placement

on the aforementioned schedule shall be in accordance with the following:

After review of previous non-school related relevant employment experience new employees will be placed

on the wage schedule at the sole discretion of the District based on the following guidelines: each year of

appropriate non-school related employment may qualify the employee for placement at a similar step on the

Salary Schedule. Placement decisions are not subject to the Grievance Procedure. Employees coming from

another District who will be given credit for each year of such similar service.

Any unit member who provides the Human Resources Department with official transcripts, clock hours or

credits will receive the following stipends annually:

a. 36 quarter credits or 360 clock hours will receive $125.00

b. 72 quarter credits, 720 clock hours, AA degree, or Apprenticeship Certificate will receive $250.00

c. 144 quarter credits, 1440 clock hours, BS degree, or BA Degree will receive $500.00

d. When a transportation and/or building-grounds-maintenance secretary has a current Commercial

Driver’s License (CDL) and is willing to drive a bus in an unforeseen situation, they will receive a 50-

cent increase in their hourly wage for all hours.

B. 2018-2021 Salary

1. The SWEOP salary schedule shall change in the following manner:

2. 2018-19 - increase all cells by 5.64%

3. 2019-20 - implement the new Salary Schedule Plus increase all cells by 11% plus IPD or CPI, whichever is

greater for the Seattle area.

4. 2020-21 - increase all cells by 10% plus IPD or CPI whichever is greater for the Seattle area.

C. Overtime

Any employees who, upon prior approval, work in excess of their regular scheduled work day shall be paid at

their hourly rate for such work up to forty (40) total hours per week. Employees who, upon prior approval, work

in excess of forty (40) hours per week shall be paid 1 & 1/2 times their hourly rate for such additional hours.

Any employee who, upon prior approval, works on Sunday or a holiday shall be paid two (2) times his/her

hourly rate for all hours worked.

7

Within the first two weeks of each school year the principal/program director will meet with the secretarial and

clerical staff to review or revise and adopt the specific written building procedures to be used in determining

when either overtime or flexible time will be authorized. Options discussed at this meeting may include but not

be limited to:

1. Specific times during the work year when overtime is expected to occur;

2. Process used for scheduling flexible work schedules;

3. Process used for adding time to existing work schedules;

If the secretarial/clerical staff and principal/program director cannot agree on specific building/worksite

procedures for the granting of overtime/flextime, the staff may request that the Executive Director for Human

Resources meet with the staff and supervisor in order to discuss the various options and assist in reaching a

workable solution.

D. Insurance

Each regular employee shall be entitled to up to the employee's FTE multiplied by the state funded benefit

premium allocation per month toward approved insurance programs. Immediate eligibility for vision, dental,

long-term disability and life insurance will be for employees with a minimum of seventeen and a half (17.5)

hours per regular five (5) day work week if employment is determined to be for five (5) months or longer.

Immediate eligibility for medical insurance will be for employees with a minimum of twenty (20) hours per

regular five (5) day work week if employment is determined to be for five (5) months or longer. If a substitute or

leave of absence position is extended and becomes insurance eligible, the above guidelines shall apply if

consistent with the insurance company requirements. For purposes of this section an employee's FTE will be

calculated based on a minimum of 1440 hours of compensation exclusive of Holiday and Vacation pay.

Deducted first shall be the cost of family vision, dental, long-term disability, and life insurance (mandatory

benefits). The remainder shall be applied toward the cost of approved medical insurance. The District will

contribute the entire portion of the employee’s Health Care Authority (HCA) remittance. For the 2018-19

school year and beyond, employees whose spouse/domestic partner also works for the school District, may

combine their state allocation and select the family/employee/spouse/domestic partner coverage that is best

suited for their circumstances.

If after all members of the bargaining unit have selected the level of coverage needed within the limits described

above and funds are still available these funds will be distributed among those bargaining unit members whose

medical insurance requires a personal contribution. Excess pool dollars shall be adjusted to insure compliance

with state law.

If at any time during the term of this Agreement state funding for insurance benefits changes, both the insurance

benefit pool described above and the individual monthly amount will change to the new state funded amount.

The parties recognize that this may also impact the amount of excess funds available for redistribution.

The parties agree that employees may, on a self pay basis, continue to be enrolled in the District's insurance

programs after available leaves are exhausted. Payment for such options must be received by the District by the

tenth (10th) day of each month.

The District agrees to set up a Section 125 program for unit members to be used to pay premiums for insurance

listed above.

E. Sick Leave

At the beginning of each work year, each employee shall be credited with an advance sick leave allowance of

twelve (12) days with full pay to be used for absence caused by illness, injury, health professional appointment,

maternity, quarantine or other disability. Each employee's portion of unused sick leave allowance shall

accumulate from year to year up to the legal maximum.

8

In the event of documentation of regular, excessive, or unusual absences, the supervisor may require a

physician’s certificate and proof of the disability causing the absence.

Employees may cash in unused sick leave days above an accumulation of sixty (60) days at a ratio of one full

day's monetary compensation for every four (4) accumulated sick leave days. At the employees' option, they can

cash out their unused sick leave days in January of the school year following any year in which a minimum of

sixty (60) days is accrued and each January thereafter, at a rate equal to one day's monetary compensation of the

employee for each four (4) full days of accrued sick leave. The employee's sick leave accumulation shall be

reduced four (4) days for each day compensated. No employee may receive compensation for sick leave

accumulated in excess of one day per month.

At the time of separation from the District employment due to retirement or death, an eligible employee or the

employee's estate shall receive remuneration at a rate equal to one (1) days current monetary compensation of the

employee for each four (4) full days accrued sick leave for illness or injury.

1. Illness in the Immediate Family

Sick Leave may be used in case of illness in the immediate family. Immediate family will include children,

husband or wife, mother or father of either spouse, brother or sister, grandparents, foster parents, son or

daughter-in-law, grandchild, or any other person living in the immediate household, as a member of the

family. Vacation Leave (if available) and Personal Leave may also be used in lieu of Unpaid Leave.

2. Emergency Leave

Employees may use sick days accumulated, for emergency leave. The reasons for such leave may be for any

unforeseen event, which is suddenly precipitated or non-predictable, that requires the employee to be absent

from work.

3. Leave Sharing

The District will implement a Leave Sharing Program as authorized by Board policy and consistent with

state law; both of which are hereby incorporated by reference.

4. Sick Leave Retirement Conversion

a. An employee retiring may have his/her sick leave buyout payments remitted directly to a sick leave

conversion program selected by the Association. Such program will provide reimbursement of medical,

dental and vision expenses, if the employee completes the enrollment form and signs a hold harmless

provision. Any retiring employee participating in the sick leave conversion program shall hold the

District and the Association harmless should the IRS find that the District or the employee is in debt to

the United States government for not paying income taxes due on any amounts or as a result of the

District not withholding or deducting any tax, assessment, or other payment on such funds as required

by federal law. Neither the District nor the Association makes any representations or warranties with

respect to the tax consequences of the program nor to the ability of the program sponsor insurer to fulfill

its obligations under the program.

Any eligible employee who does not wish to sign the hold harmless provision will not be permitted to

participate in the plan at any time during the term of this agreement. Any and all excess sick leave,

which, in the absence of this agreement, would accrue to such employee during the term hereof, shall be

forfeited together with all cash conversion rights that pertain to such excess sick leave.

b. Cash Out

If the retiring employees choose this option, they will receive payment from the District for their unused

sick leave in accordance with state law.

Anyone retiring during the school year will be bound to the option chosen for the prior year.

9

By June 1, the Association will notify the District of the decision of those retiring at the end of the

school year which of the above options they agree to.

5. Injury While on Duty

For a period of absence from work due to injury or occupational disease resulting from an employee’s

employment with the District, the employee shall file a claim for Industrial Insurance.

The employee shall report all work related accidents or illness to his/her supervisor or designee as soon as

practical in all cases before the end of the shift. The employee shall fill out an accident report form and

submit it to their immediate supervisor or designee.

The District, upon receiving notice from the employee of any work related injury or illness will send a letter

to the employee explaining industry insurance options along with Sedro-Woolley Administrative

procedures.

The employee may choose to receive one of the following:

a. District sick/vacation leave only (no use of industrial insurance): or

b. Industrial Insurance only (no use of sick/vacation leave): or

c. A combination of Industrial Insurance and District sick/vacation leave. The employee may use

available sick leave, if any, less any Industrial Insurance payment for which he or she is eligible. Sick

leave charged to the employee shall be proportionate to the portion of the employee’s salary and

benefits paid by the leave. The combined insurance and leave payments cannot total more than the

employee’s regular base pay plus benefits. Any overpayment shall be returned by the employee to the

district.

No matter which option the employee chooses, it is the employee’s responsibility to contact the Classified

Payroll Department. Such option must be submitted, in writing, to the Executive Director of Human Resources.

The District will advise the industrial insurance carrier, in writing, of the employee’s option. Provided further: if

the employee applies for Industrial Insurance compensation and the claim is then or later denied, sick leave or

annual leave may be used for the absence of the employee.

Employees who are on injury while on duty leave shall continue to receive the same leave benefits per

the collective bargaining agreement.

F. Personal Leave

All employees who receive a vacation stipend shall be granted three (3) personal leave days per year. Personal

leave may accumulate up to five (5) days. Employees who get vacation leave allocated to them will not receive

personal leave days.

Up to three (3) members may be gone for personal leave the day before or the day after Thanksgiving, winter or

spring vacation, or during the last five (5) working days of the school year. Notification for these days needs to

be at least five (5) days in advance and cannot be made before September 15 of each year. Personal leave may

not be used in conjunction with a deduct day around those days previously mentioned. Employees shall not be

required to define leave taken beyond the phrase "personal”. In August of each year SWEOP members can cash

out one (1) day of personal leave at their regular rate of pay and any leave that is due to expire shall be

automatically cashed out at the same rate as listed above.

Notwithstanding this provision, in the event that more than three (3) bargaining unit members request to utilize

this leave on the same date(s) approval will be contingent upon the District securing acceptable substitutes.

G. Bereavement Leave

A maximum of five (5) days leave apart from sick leave may be granted secretaries in the event of each death in

the immediate family. Immediate family as identified in (E.1.a) above and extended to include brother-in-law,

sister-in-law, niece, nephew, aunt or uncle. One (1) day bereavement leave shall be granted in the event of each

10

death of a close friend. Employees may request additional bereavement leave in writing to the Superintendent or

designee and if granted such leave will be deducted from the employees sick leave balance.

H. Jury Duty

A secretary shall be granted a leave of absence for jury duty or for a subpoena by the court, to serve as a witness

at trials, or to exercise other civic duties as may be required and shall be paid the regular salary less any

compensations received for her services, but excluding transportation or any other regularly accepted per diem

expenses.

I. Maternity Leave

Maternity leave shall be granted in accordance with the requirements of the Human Rights Commission Leave

Policy (WAC 162-30-020). Copies will be made available from the Service Center upon request.

J. Child Care Leave

Leaves of absence of up to one (1) year without pay will be granted for the purpose of childrearing or adoption.

Employees on such leave shall notify the District two (2) months prior to the termination date of the leave of

their intent to resume employment with the District. Failure of employees to so notify the District may result in

forfeiture of re-employment rights.

K. Holidays

All secretaries shall receive the following paid holidays that fall within their work year: New Year's Day, Martin

Luther King Day, President's Day, the Friday of Spring Break Week, Memorial Day, Independence Day, Labor

Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving, day before or after Christmas, Christmas day,

and the day before New Year's Day.

L. Family Medical Leave Act (FMLA)

Consistent with Board policy, employees are eligible for up to twelve (12) weeks unpaid leave every year to care

for members of their close family which will run concurrently with any paid leave. During such leave periods

the District will continue to pay the employee’s medical insurance premiums at the same rate to which they were

being paid prior to said leave. This section does not preclude employees from utilizing non-concurrent leave for

which they are eligible, such as Washington State Family Leave.

M. Vacations

1. Vacation Entitlement

Upon completion of the first year of regular service with the District (any bargaining unit work done on a

non-casual basis) each less than full-time secretary shall be entitled to six (6) paid vacation days per year.

Upon completion of the second through eighth year of regular service with the District, each less than full-

time secretary shall be entitled to eleven (11) days paid vacation per year. Upon completion of the ninth

through twelfth year of regular service with the District, each less than full-time secretary shall be entitled to

sixteen (16) days of paid vacation per year. For every year of regular service with the District thereafter,

each secretary shall be entitled to one (1) day additional paid vacation per year up to a maximum of twenty-

one (21) days per year.

Vacation leave for less than twelve month employees shall be compensated in each pay period over the

course of the year. If such employees wish to take a vacation day off during the regular school/work year

they must have the request approved, in which case one day’s pay for each day taken as vacation will be

deducted from their salary.

Upon completion of the first year of regular service each full-time secretary shall be entitled to nine and one-

quarter (9.25) days paid vacation per year. Upon completion of the second through the eighth year of

11

regular service with the District, each full-time secretary shall be entitled to fifteen and one-half (15.5) days

paid vacation days per year. Upon completion of the ninth through twelfth year of regular service with the

District, each full-time secretary shall be entitled to twenty-one and one-half (21.5) days of paid vacation per

year. For every year of regular service with the District thereafter, each secretary shall be entitled to one (1)

day additional paid vacation per year up to a maximum of twenty-four (24) days per year. Vacation may

accumulate up to a maximum of forty-five (45) days.

2. Unused Vacation

At their option year round employees may cash in up to one half of their annual vacation days. Upon

retirement or resignation, year round employees may cash in up to thirty days of vacation.

N. Conferences and Travel Expenses

Employees shall make application to his/her immediate supervisor for attendance at conferences and/or meetings,

which are not part of the regular work schedule.

Employees who apply for and receive approval for expenses related to attendance at conferences or meetings will

be reimbursed consistent with Board policy.

O. Training Fund

In addition to other training funds available in the District, the District will make available $3,000 dollars each

year to be available for employees, upon request, who wish to enhance their skills in their current position or

who wish training in areas which conform to District adopted goals. If the training fund is exhausted in any one

year the S.W.E.O.P. President shall be notified and upon request by the S.W.E.O.P. President to the

Superintendent, additional funds of up to $1,000 shall be added.

The parties agree to establish an Oversight Committee to develop procedures and standards for applying for these

funds. The Committee will consist of two persons appointed by the District and three persons appointed by

S.W.E.O.P.. The Committee will meet within three weeks of ratification to review the adopted procedures for

applying for funds and standards to be used in allocating the funds in order to determine if changes need to be

made and to plan for the upcoming year.

The Committee will appoint two of its members to approve specific requests. Any disagreements which may

arise will be referred to a special meeting of the entire Committee. If disagreements still exist after such

meeting, the matter will be referred to the Executive Director for Human Resources and the S.W.E.O.P.

President for resolution.

Newly hired employees or current employees assigned to a new position shall be given a period of orientation

and indoctrination at the commencement of their employment in the new position. The employee shall receive

full pay at the rate set out for the employee’s assigned salary classification during the period of orientation and

indoctrination to be paid for by the District. The Executive Director of Human Resources, the Principal, the

Secretary, S.W.E.O.P. President or designee, and the former Secretary (when possible) shall jointly determine

how many days are needed.

P. Moving

The District will pay for all time necessary in moving the work area from one location to another due either to

remodeling or to involuntary reassignment.

Q. Dispensing of Medications

Secretaries will direct parents who wish to have District employees dispense medications to their immediate

supervisor. The supervisor will then direct the unit member when and how to dispense said medication to the

student.

12

When a regularly scheduled nurse is not available during their regular shift and a substitute nurse has not been

procured, the District will hire a substitute secretary for an open position. The substitute secretary (if one can be

procured) will handle the nurse duties with help from the secretary in the building who regularly has those duties.

R. Availability of Substitutes

Working with the affected employee, the supervisor will determine the appropriateness of utilizing a substitute

for absent employees. Further, when substitutes are called in their compensation will be fully funded by the

District and the building/site budget will not be affected. Finally, the parties agree that the rate of pay for

substitutes will be based on Step 0 of the classification they are subbing for. Current employees will be paid at

their current step within the classification they are subbing for.

S. Medical Leave

An unpaid leave of absence shall be granted for extended illness for a period of up to one calendar year. A

written application for such leave must be accompanied by a statement from the employee’s health care provider

indicating the nature of the illness and a recommendation that the employee be relieved of duty.

T. Other Leaves

Request for leaves other than those specifically named in this Article shall be directed in writing to the School

Board. The Board shall consider each request on its merits.

U. Call Out to Work During Non Scheduled Time

Employees called back on a regular work day, or called on Saturday, Sunday or during the summer break shall

receive no less than two (2) hours pay at the appropriate rate, and if more than four (4) hours are worked under

such circumstances, the employee shall receive an appropriate lunch period.

ARTICLE VIII - VACANCIES, PROMOTIONS AND TRANSFERS

A. Definitions:

1. For purposes of this agreement a vacancy will be defined as a position presently unfilled which the District

desires to fill, a position currently filled but which will be open in the future which the District desires to fill,

or a new position that the District desires to create. The District may increase any employee’s daily hours

up to two (2) hours per day per job without creating a vacancy. The two (2) hours must be in the same

classification the employee is currently working. Positions that are increased in excess of two (2) hours per

day will be considered new positions to be posted.

2. A voluntary transfer shall be defined as a change in work location or job classification with the same or

lower wage rate that the employee chooses.

3. An involuntary transfer shall be defined as a change in work location, job classification, or status (permanent

or leave replacement) with the same or lower wage rate necessitated by the needs of the District.

4. Promotional positions are those positions paying a higher salary differential within the bargaining unit.

5. A job shall be defined as the combined positions that make up the total daily hours of any employee.

B. Applicability of Seniority

The employee with the earliest hire date shall have preferential rights regarding promotions, assignment to new

or open jobs or positions, hours of work within positions, reduction in hours when ability and performance are

substantially equal with junior employees.

13

If the District determines that seniority rights should not govern because a junior employee or outside applicant

possesses ability and performance substantially greater than that of a senior employee(s), according to the

qualifications stated in the applicable job descriptions, the District shall set forth in writing to the

employee/employees and the S.W.E.O.P. President it’s reasons why the senior employee/employees have been

by passed within five (5) days after filling the position.

When involuntary transfers are effected for a necessary reduction in a school's staff allocation due to reduced

student enrollments or the closing and/or consolidation of a building, said transfers shall be made on the basis of

years of service in the District; that employee in the affected building possessing the least amount of service

being transferred first.

C. Notification of Vacancies and Voluntary Transfers

1. Notification of vacancies. All notification of openings will be emailed to the Association President as they

occur. The Human Resources Department shall email all secretaries in the District at least 3 days prior to

posting a position. This process shall also apply if the District opens a substitute job and decides to fill it

with a current employee,

2. Employees who desire to transfer to another building or job may file a written statement /email of such

desire with the Human Resources Department. Such statement may include the job(s) and school(s), to

which the employee desires to be transferred in order of preference. Requests for transfer shall be

acknowledged by the Human Resources Department within five (5) Business Office days after receipt of the

request.

3. Any secretary interested in transferring to the proposed position shall submit a transfer request to Human

Resources within three days as referred to in paragraph one (1) or have a letter on file requesting a transfer

as referred to in paragraph two (2). Before posting any position to outside candidates, the Principal/Director

and/or committee will meet with any secretary who submits a request/has a transfer request on file to

consider them for the position. The Principal/Director will decide to transfer one of the employees who has

requested to transfer or post the position for a broader candidate pool. If the position is posted for a

broader candidate pool, it shall be posted for at least five (5) District Business Office days prior to being

filled.

If the employee will be out of town or away from their job for a period of time they must give the Human

Resources office contact information including telephone number (s) and/or email where they can be

reached or a message left to be notified of transfer opportunities.

4. If it is determined that the position will be opened to other in District or out of District candidates, the

employees who apply for the position will be guaranteed an interview.

5. Criteria for assignment. In the determination for voluntary reassignment and/or transfer the wishes of the

individual employee shall be honored to the extent that the employee is the best qualified applicant for the

position. No such requests shall be denied arbitrarily, capriciously, or without basis in fact and shall be done

in writing.

6. No change shall be made in job descriptions or requirements that would cause a current employee to be

deemed unqualified for the position that the employee currently holds unless the employee has been

provided reasonable and appropriate training opportunities to meet District standards.

7. When a current employee voluntarily takes a position to fill in while another employee is on leave, that

employee shall have first consideration rights to that position consistent with the procedure contained in 3

and 4 above.

D. Involuntary Transfers

1. Use of voluntary requests. No vacancy shall be filled by means of involuntary transfer or reassignment if

there is a qualified volunteer available to fill said position.

14

2. Involuntary transfers may be affected for a variety of reasons and such reasons must not be arbitrary or

capricious. Ten (10) days prior to the effectuation of an involuntary transfer, the District shall provide the

affected employee(s) and the S.W.E.O.P. President written reasons for the transfer.

3. If an involuntary transfer is necessary, relevant factors, including among other things, District needs, state

and/or federal laws, rules, regulations shall be considered in determining which employee is to be transferred

or reassigned.

4. An involuntary transfer or reassignment shall be made only after a meeting between the employee involved

and the immediate supervisor. In the event an employee desires to meet with the Superintendent and/or

his/her designee such a meeting will be arranged. The employee may have an Association representative

present at such meeting.

E. Training

When there is a new hire or transfer of an existing member into an existing or new position, there will be at least

two (2) days of training provided. After the training, a meeting with HR, the secretary and administration

responsible for the position will occur to discuss the need for additional training if any.

F. Substitute Credit

The District will adopt a procedure to quantify the experience an individual has attained while substituting in the

District. The resulting credit will be used to the person’s advantage in the screening process.

G. Testing Waiver

When applying for a promotional position, an employee may request a waiver of District testing procedures from

the Executive Director for Human Resources in circumstances where the employee believes he/she has

demonstrated that he/she meets the qualifications of the position without testing. Such circumstances will

include but are not limited to:

1. Current or past job experience which demonstrates the employee's competence in the skills being tested and

at the level required for the new position.

2. Past test results on file with the District.

The employee shall make such a testing waiver request in writing with applicable supporting information at

the time of application for the position.

ARTICLE IX - LAYOFF AND RECALL

A. For the purpose of this agreement a layoff shall be defined as a necessary reduction in the work force beyond

normal attrition.

B. No employee shall be laid off pursuant to a necessary reduction in the work force unless said employee shall

have been notified of said layoff on or before June 20th of the current school year.

C. In the event of a necessary reduction in work force, the District shall first lay off probationary employees, then

the least senior employees. In no case shall a new employee be employed by the District while there are laid off

employees who are qualified for a vacant or newly created position.

D. Employees whose positions have been eliminated due to reduction in work force or who have been affected by

layoff shall have the right to assume a position for which they are qualified, which is held by the least senior

employee.

E. In the event of a reduction in the work hours in a category, an employee may claim seniority over another

employee for the purpose of maintaining their normal work schedule (no loss of hours), provided they have

15

greater category seniority than the employee they seek to replace. In no case shall a reduction of any employee's

work hours take effect until the District gives ten (10) work days written notice to the affected employee(s).

F. A laid off employee shall upon application, and at their option, be granted priority status on the substitute list

according to their seniority if allowed by the carriers. Laid off employees may continue their health, dental

benefits by paying the regular monthly per subscriber group rate premium for such benefits to the District.

G. Laid off employees shall be recalled in reverse order of layoff to any position for which they are qualified. Any

employee who has served more than thirty (30) working days in a classification shall be deemed qualified for any

position in that classification.

H. Employees on layoff shall retain their seniority for purpose of recall. Notices of recall shall be sent by

certificated or registered mail to the last known address as shown on the District records. The recall notice shall

state the time and date on which the employee is to report back to work. It shall be the employee's responsibility

to keep the District notified as to their current mailing address. A recalled employee shall be given at least five

(5) calendar days from receipt of notice, excluding weekends and District holidays, to report to work.

The District may fill the position on a temporary basis until the recalled employee can report for work providing

the employee reports within the five (5) day period. Employees recalled to work for which they are qualified,

and who turn down such an offer, shall forfeit their seniority rights.

I. In cases where an employee has moved to a different job classification as outlined in D and E above, and a

vacancy occurs within the employee's former job classification, the employee shall have the first right to return to

said job prior to other employees being recalled from layoff, transferred or a new employee hired.

J. All benefits to which an employee was entitled to at time of lay off, including unused accumulated sick leave,

shall be restored to the employee upon their return to active employment. The employee shall be placed on the

proper wage rate for the employee's current classification and experience.

ARTICLE X - GRIEVANCE PROCEDURE

A. Purpose. The purpose of this procedure is to provide an orderly method of resolving grievances. A determined

effort shall be made to settle any such differences at the lowest possible level in the grievance procedure.

Meetings or discussions involving grievance or these procedures shall not interfere with regular duties.

B. Definitions.

1. Grievant: A grievant is an employee or group of employees or the Union.

2. Grievance: A grievance is defined as a dispute involving the interpretation or application of the specific

terms of this Agreement.

3. Days: Days in this procedure are days in which the District’s Business Office is open.

C. Timelines. Grievances shall be processed within the stated time limits. Time limits provided in this procedure

may be extended only by mutual written agreement.

Failure on the part of the District, at any step of this procedure, to communicate the decision on a grievance

within the specific or mutually extended time limits shall permit the grievant to lodge an appeal at the next step

of this procedure.

Failure of the grievant (employee or Union) to present or proceed with a grievance within the specified or

mutually extended time limits will render the grievance waived.

D. Representation. The grievant may waive the Union's involvement in the procedure at any step. If the grievant

elects not to have Union representation, the Union shall have the opportunity to be present at the adjustment of

the grievance and to make its views known or shall receive the same written response provided to the grievant.

16

E. Process.

Step 1. Informal Level: Informal Submission of Grievance to Supervisor.

Within twenty (20) days following the occurrence of the event giving rise to the grievance, or twenty (20) days

after the event is known or reasonably should have been known, the employee shall attempt to resolve the

grievance informally with the immediate supervisor. The immediate supervisor shall respond informally within

ten (10) days of the employee's presentation.

Step 2. Formal Level: Written Submission of Grievance to Supervisor.

If the grievance is not resolved informally, it shall be reduced to writing by the employee who shall submit it to

the immediate supervisor within ten (10) days after receipt of the informal response. The written grievance shall

contain:

a. A clear and concise statement of the alleged grievance including the facts upon which the grievance is

based;

b. Reference to the specific terms of the agreement, which have been allegedly violated;

c. Issues involved; and

d Remedy sought.

In presenting the grievance, the employee may elect to be accompanied by a representative of the Union. The

immediate supervisor will inform the employee and the Union in writing of the disposition of the grievance

within ten (10) days of the presentation of the written grievance.

Step 3. Superintendent Level: Written Submission of Grievance to the Superintendent.

a. Individual Grievance.

If the grievance is not settled at Step 2 and the employee wishes to pursue the grievance to Step 3, the

employee must file the grievance in writing within ten (10) days after receipt of the immediate

supervisor's written response in Step 2 above. The Superintendent or his/her representative will review

the grievance with the parties involved and provide a written statement of the disposition to the

employee with a written copy to the Union, within ten (10) days of receipt of the grievance.

b. Union Grievances or Group Grievances Involving More than One Supervisor.

A grievance which the Union may have against the District, limited as aforesaid to matters dealing with

the interpretation or application of terms of this Agreement relating to Union rights, shall be

commenced by filing in writing (in the format of Step 2 above) with the Superintendent. Such filing

shall be within twenty (20) days following the occurrence of the event giving rise to the grievance or

twenty (20) days after the event is known or reasonably should have been known. The Superintendent

or his/her representative and the Union will have ten (10) days from the receipt of the grievance to

resolve it.

Step 4. Arbitration.

If no settlement is reached in Step 3, the Union may request that the matter be submitted to an arbitrator as

hereinafter provided:

a. Written notice of a request for arbitration shall be made to the Superintendent within ten (10) days of receipt

of the disposition letter at Step 3.

b. Arbitration shall be limited to issue(s) involving the interpretation or application of specific terms of this

Agreement.

17

c. When a timely request has been made for arbitration, the parties shall attempt to select an impartial arbiter to

hear and decide the particular case. If the parties are unable to agree to an arbiter within ten (10) days after

submission of the written request for arbitration, the provisions of paragraph d, below, shall apply to the

selection of an arbiter.

d. In the event an arbiter is not agreed upon as provided in paragraph c, above, the parties shall jointly request

the American Arbitration Association to submit a panel of nine (9) arbiters. Such request shall state the

issue of the case and ask that the nominee be qualified to handle the type of case involved. When

notification of the names of the nine (9) arbiters is received, the parties shall each independently strike from

the list those unacceptable arbiters and shall rank, in order of preference, acceptable arbiters. The parties

shall then meet and compare their lists. From among the mutually acceptable arbiters, the one with the

lowest combined preference number shall be the arbiter. In the event of a tie between two or more arbiters, a

single arbiter shall be chosen by lot. In the event there are no mutually acceptable arbiters on the panel, the

parties, in turn, shall have the right to strike a name from the panel until one (1) name remains. The

remaining person shall be the arbiter. The right to strike the first name from the panel shall be determined

by lot.

In the event either party is dissatisfied with the credentials of the arbiters whose names are on the first panel

offered by the American Arbitration Association, such party can summarily reject that panel and insist on a

second panel. Selection must be made from the second panel.

e. Arbitration proceedings shall be in accordance with the following:

1. The arbiter, once appointed, will inform the parties as to the procedures which will be followed.

2. The arbiter shall hear and accept pertinent evidence submitted by both parties and shall be empowered

to request, through subpoena if necessary, such data and testimony as the arbiter deems pertinent to the

grievance and shall render a decision in writing to both parties within thirty (30) days, unless mutually

extended, of the closing of the record.

3. The arbiter shall be authorized to rule and issue a decision in writing on the issue(s) presented for

arbitration said decision shall be final and binding on both parties.

4. The arbiter shall rule only on the basis of information presented in the hearing and shall refuse to

receive any information after the hearing except by mutual agreement.

5. Each party to the proceedings may call such witnesses as may be necessary in the order in which their

testimony is to be heard. Such testimony shall be limited to the matters set forth in the written statement

of grievance. The arguments of the parties may be supported by oral comment and rebuttal. Either or

both parties may submit written briefs within a time period mutually agreed upon. Such arguments of

the parties, whether oral or written, shall be confined to and directed at the matters set forth in the

grievance.

6. Each party shall pay any compensation and expenses relating to its own witnesses or representatives.

7. Compensation including necessary expenses shall be borne equally by the parties.

8. The total cost of the stenographic record, if requested, will be paid by the party requesting it. If the

other party also requests a copy, that party will pay one-half (1/2) of the stenographic cost.

F. Binding effect of award. All decision(s) arrived at under the provisions of this article by the representative of the

District and the Union at Steps 1, 2 and 3, or by the arbiter, shall be final and binding upon both parties,

provided, however, that in arriving at such decision(s) neither of the parties nor the arbiter shall have the

authority to alter this Agreement in whole or in part.

G. Limits of the arbiter. The arbiter cannot order the District to take action contrary to law. Grievances concerning

discharges during the probationary period are barred.

18

H. No duty to maintain status quo. The District has no duty to maintain the status quo or to restore the status quo

pending arbitration. But if return to the status quo is ordered by the arbiter, the return shall be effected as per the

arbiter's award.

I. Freedom from reprisal. There will be no reprisals against the grievant or others as a result of his/her participation

in this process.

ARTICLE XI - DISTRIBUTION OF AGREEMENT

Within ten (10) days of the ratification and signing of this Agreement, the Union will furnish the District with three (3)

proof copies of the Agreement in what it proposes to be finished form. Within ten (10) days of receipt of the proof copies,

the District shall notify the Union of any errors and/or omissions it finds in the proof copies. Within five (5) days of this

notification a joint conference shall be held to resolve differences between the parties. Within forty-five (45) days

following ratification and signing of this Agreement, the District shall print enough copies of the Agreement so that each

member of the bargaining unit can be provided with a copy. In addition, twenty (20) additional copies shall be provided

for use by the Union.

The Union shall be responsible for providing a copy of the Agreement to each member of the bargaining unit currently

employed. The District shall be responsible for providing a copy to any new employees.

ARTICLE XII - EVALUATION

Employees shall be evaluated on an annual basis by their immediate supervisor(s). Probationary employees shall be

evaluated prior to the end of the probationary period. Supervisors shall use the Performance Appraisal Form, which is

attached to the agreement. (See Appendix A.)

All evaluations shall be discussed in confidence with the employee. A copy of the evaluation shall be given to the

employee and a copy shall be placed in the employee’s personnel file. Within ten (10) working days of receipt of the

evaluation, the employee may attach his/her own response to the evaluation. This response will be attached to the

evaluation and become a permanent part of the evaluation. Bargaining unit members will not be directly involved in the

evaluation of other bargaining unit members.

If an employee is evaluated as “Needs Improvement” or “Unsatisfactory”, comments must be made on the evaluation and

shall specifically include:

1. The area(s) of needed improvement.

2. The recommended performance levels.

3. The activities necessary to reach the desired performance level.

If any categories on the evaluation of an employee are marked “Needs Improvement” or “Unsatisfactory”, the employee

may be placed on a 60 day probationary period. As part of the probationary period, the employee will either be placed on

a plan of improvement or given a comprehensive evaluation with the areas of deficiency clearly communicated in writing

as listed above. If the employee is to be placed on probation, then the administrator will inform him/her at their

evaluation meeting/discussion and the employee has the option of requesting a second meeting with a representative

present. The sixty (60) workday probation period will begin at the time of the second meeting or immediately upon

receipt of the evaluation if the employee does not request a second meeting.

If a plan of improvement is developed, it will be discussed with the employee, be sixty (60) workdays in length and shall

specifically include:

1. The area(s) of needed improvement.

2. The recommended performance levels.

3. The activities necessary to reach the desired performance level.

4. A schedule of at least one follow-up evaluation during the plan of improvement.

19

At the completion of the sixty (60) work day plan of improvement a meeting will be held with the employee to discuss the

outcome; options may include:

discontinuation of the plan of improvement;

continuation of the plan of improvement for no more than another sixty (60) work day period;

re-assignment or termination of employment.

ARTICLE XIII - CALENDAR

By January 31 of each year, the parties will establish a calendar committee consisting of the Executive Director of Human

Resources and one (1) representative appointed by the S.W.E.O.P. Utilizing the guidelines and taking a survey of

community members, bargaining unit members, and School Board Members, the committee will recommend a calendar to

the School Board by its April Meeting.

20

Appendix 1A

21

Appendix 2

Classification Appeal Process Guidelines

Consistent with the process to date, employees should have an opportunity for a reasonable hearing to their questions

(see Article IV, E.) It can be assumed that the majority of these questions will result from expectations of greater

compensation than that recommended, but there are valid situations that deal with nuances of specific jobs. In the

development of and responding to employees' questions the following concepts are important.

Job vs. Position. A specific employee's job assignment may require performance of job functions different from the

norm due to unique demands of a particular job setting, a supervisor's expectations, an employee's interest and desire

and/or in situation of providing for growth. None of these situations necessarily would indicate that the employee has

a "different job" or is "working out of class" but rather the employee is defining a position description verses a job

description. It is the latter that the majority of employment decisions are based.

Function vs. Methods or Tasks. Jobs have historically been defined by a combination of functions, methods, tasks,

requirements, etc. The defining of a job by its functions is the most inclusive approach and has been found to be

defensible when used as the basis for employment decisions. The Americans with Disabilities Act reconfirmed this

concept and it has become a widely accepted principle in the development of Job Descriptions and related job

information. Job functions are most closely related to the overall purpose of a job with tasks serving as sub

components or steps required to complete a function and methods related to how the job is performed. Often

employees may focus on how the job is done rather than that of the purpose of the job as defined by the job functions.

Changes in Functions. Due to organizational changes, site conditions, different equipment and/or technology, job

functions may be added or deleted or job requirements change over time.

Incomplete Data. During the process of updating job information there may be instances where job information is

incomplete. Any relevant additional and/or updated information should be submitted.

Market Information. The District will, on a regular basis, review the market information relative to job functions and

benchmarks in an effort to maintain updated classifications.

Appeal & Reclassification Procedures. The following guidelines apply:

Timing. Employees may submit requests for reclassification between March 1st-31st.

Written Documentation. The employee will submit the attached Job Classification Review Form.

Basis of Request. Terminology and definitions shall be consistent and understood by all parties e.g. essential

functions, task/method, requirements, etc. The basis of the request should be guided by factual information on

how the job differs from that described. Valid basis for review should be focused on the following:

Essential functions performed have changed and are at variance with Job Description.

Job requirements have changed and are at variance with Job Description.

Standards of performance have changed requiring different skills, knowledge and abilities.

Initial decisions were based on inaccurate information.

Decision Making Process. The process may vary based on the stated justification for the request, however,

assuming that the initial job data is current, the normal review should focus only the following three areas:

22

Appendix 2 (cont.)

Classification Appeal Process Guidelines (contd.)

Evaluation of published job functions. Analysis should ensure that employee's justification statement of new

and/or additional functions is not a semantic restatement of a function, listing of tasks and/or the usual and

customary methods of performing the function.

Review of the pre-requisite job requirements. Due to organizational changes, new equipment, and/or new

technology employees may perceive that the job has changed to an extent justifying re-classification. In

today's labor market it is not unusual for 50% of the skills and knowledge required for a job to be out of date

within three (3) years. This is a common thread across all industries. New requirements placed on an

employee to maintain performance should not alone be the factor guiding re-classification. Measures can be

used to determine how changes over time have impacted the skills, knowledge, abilities, responsibilities and

working conditions necessary to perform the jobs functions. It is also necessary to determine if changes in

job requirements are a trend that has impacted all positions or only a few.

Impact on internal relationships. An understanding of how a potential recommendation impacts other

positions, the overall salary schedule structure and finances is equally important. Condensing the time

period for review can assist in putting the recommendations into perspective in relationship to the overall

personnel and financial impact.

A clearly defined process, grounded on an evaluation of facts, and understood by all parties, is critical to the

success of a fair job classification. The reclassification process is not to be used to reward employees for

seniority, extra hours, and/or a variety of intangibles such as good attitude, effort, etc.

23

Appendix 2 (cont.)

Classification Appeal Worksheet

Appellant Name(s) Current Proposed

_______________________ Job Title ___________________________ _______________________

_______________________ Job

Classification _______________________ _______________________

_______________________

_______________________

_______________________

_______________________

Synopsis of Issues:

____________________________________________________________________________________________

Basis of Appeal

Individual Job Title

Group Job Classification

Salary Grade

Listed Rationale Comments

Function Description

Additional Functions _____________________________________________________ Incomplete Functions _____________________________________________________ Job Evaluation

Complexity - people _____________________________________________________ Complexity - data _____________________________________________________ Complexity - equipment _____________________________________________________ Responsibility _____________________________________________________ Knowledge _____________________________________________________ Skills _____________________________________________________ Working Conditions _____________________________________________________ Other _____________________________________________________

24

Appendix 2 (cont.)

Classification Appeal Worksheet

Fact Finding: Activity Date

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

____________________________________________________________________ _________________

Findings:

Recommendation:

Reviewers:

25

Appendix 3

SWSD Absence Guidelines

The following guidelines are to be used to guide District administrators in addressing

excessive absences from the workplace:

Concerns regarding an employee having excessive absences through the abuse of the leave

provisions in the collective bargaining agreement should be dealt with through the negotiated

Just Cause disciplinary procedures.

If there is a concern regarding abuse of a leave provision, the concern shall be brought to the

employee’s attention in a timely manner.

Concern about excessive absences should only be expressed in the employee’s evaluation if

the employee exceeds their available leave (including approved leave sharing). When making

note of excessive absences in the employee’s evaluation it should be stated in terms of how

the absences have affected the employee’s job performance and something you have observed

directly, not just the fact that they have had excessive absences.

If the employee does not exceed their available leave (including approved leave sharing) or is

not disciplined for abuse of leave, the employee shall minimally receive a satisfactory rating.

Absences Category

0-2 outstanding

3-5 strong

26

Appendix 4

Memorandums of Understanding:

THE SEDRO-WOLLEY SCHOOL DISTRICT AND THE SEDRO-WOOLLEY EDUCATION OFFICE

PERSONNEL HAVE REACHED AN UNDERSTANDING CONCERNING THE RECOGNITION OF NON-

SCHOOL RELATED RELEVANT EMPLOYMENT EXPERIENCE AND ALSO ISSUES REGARDING THE

OUTLYING SCHOOLS

Placement on the Salary Schedule:

Effective September 1, 2005, current employees who have verifiable non-school related relevant

employment experience may provide the details of such to the Personnel Department. Upon verification of

such relevant experience the District will place such employees on the appropriate step on the Salary

Schedule on a prospective basis. Placement decisions are not subject to the Grievance Procedure.

Employees may appeal such decision to the Superintendent within 20 business days of notification of the

placement.

Outlying Schools:

Effective September 1, 2005, the District and the S.W.E.O.P. President will discuss issues relevant to the

clerical assistance provided to the outlying schools at their regular monthly meetings. Consideration will

especially be given to money deposits, transmittals, budget work and summer mail. The impacts that

nursing and custodial support have on secretaries will also be discussed.

Effective September 1, 2009, the secretaries in the outlying schools will be granted an additional 3 days per

year for a total of 15 extra days.

Memorandum of Understanding between the Sedro-Woolley Educational Office Personnel

and the

Sedro-Woolley School District

Health Care Benefits

Under ESSB 5940

To implement the changes in the law created by ESSB 5940, the parties enter into the following agreement.

Except as specified below, all other terms and conditions of the collective bargaining agreement remain in force.

Additional Benefits In addition to the benefits described in the collective bargaining agreement and the current plans available to

members, the following will be offered:

Health Savings Account (HSA). This account will be made available by the District through the same provider

that currently supplies the Section 125 Flexible Spending Account (FSA) available to bargaining unit members.

Additionally, a Limited FSA plan, applicable only to dental, orthodonture, and vision, will be offered as an

option for those members who have selected a High Deductable Health Plan in order to be compatible with an

HSA in accordance with IRS code. For eligible employees selecting the QHDHP with a Health Savings Account

(HSA), any remaining monies (if there are any), from their state benefit allocation minus money used for

premiums for their mandatory & permissive benefits will be allocated to the employee’s HSA.

Open, Competitive Process In that the above plans must be offered within a short time frame, and state agencies have not yet developed the

rules and guidelines that describe the requirements or mechanism for such a process, the parties agree to defer

any bidding process to a future year. A process will be negotiated between the parties at a future date following

the publication of such rules and guidelines that will be in compliance with the law and will involve the

Association and the District as equal partners.

27

Progress toward a 3:1 Premium Ratio A monthly payroll deduction of five (5) dollars from each employee taking a single health plan through the

District will be placed in an insurance pool consisting only of members of this bargaining unit. These deposits

will be used to offset the premium cost of employees in the bargaining unit with family health plans.

Duration of Agreement This memorandum of understanding will be in effect until December 31, 2019 at which time the rules of the

School Employees Benefits Board will be in effect.

Memorandum of Understanding between the SWEOP and the SWSD

SWEOP and the District agree to form a committee to create a salary schedule that adds an S5 column for

District Programs and considers a large school vs. small school factor along with consideration given to those

buildings that only have one secretary. The committee will also consider fewer steps to the top of the current

salary schedule.

28

APPENDIX 5 TYPE OF EVALUATION

60 - 90 Day:

Annual:

Other:

SEDRO-WOOLLEY SCHOOL DISTRICT NO. 101

Sedro-Woolley, WA 98284

PERFORMANCE APPRAISAL FOR CLASSIFIED EMPLOYEES – SECRETARIES

Name of Employee:

Position:

Department: Building: Date of Evaluation:

Indicate appraisal on each category by placing an X in the appropriate space. Comments are encouraged for all categories and required for

Needs Improvement or Unsatisfactory as per Article XII.

1. Is regular in attendance.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

2. Adapts satisfactorily to new work surroundings, new equipment, new

procedures, new supervisors.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

3. Is a positive and constructive influence.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

4. Has a spirit of cooperation and teamwork.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

5. Is adept at dealing with the public.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

6. Employee follows directions.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

7. Employee accepts supervision.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

29

COMMENTS:

SIGNATURES

The process for evaluation of employees is contained in Article XII. Both the supervisor and the employee shall date and sign the report. The

employee’s signature indicates that the conference has been held, and that the employee has had an opportunity to read the report. If the employee

refuses to sign for any reason, explain that the employee’s signature does not necessarily imply or indicate agreement with the report and that space is

provided for the employee to state any disagreement. Further refusal to sign shall be recorded on the report, after which it shall be forwarded to the

proper parties.

As defined in Article XII, the supervisor will identify the ways by which the employee will improve the performance of their job, and will work with the

employee to correct the deficiencies.

__________________________________________ ___________________________

Employee Date

__________________________________________ ___________________________

Supervisor Date

8. Is prompt in beginning regular or special tasks.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

9. Makes good judgments in the course of their work.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

10. Organizes their work.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

11. Employee is safety conscious.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

12. Consistently acts in a responsible manner.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

13. Keeps up to date with changing policies and procedures, and with

technological advances in their occupational field.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable

14. The employee is punctual and their work is neat, accurate,

thorough and acceptable.

COMMENTS:

Outstanding

Strong

Satisfactory

Needs Improvement

Unsatisfactory

Not Applicable