NEGOTIATED AGREEMENT

BETWEEN

SAINT ELMO BOARD OF EDUCATION

AND

SAINT ELMO EDUCATION SUPPORT PERSONNEL

2006 – 2009

TABLE OF CONTENTS Page

ARTICLE I RECOGNITION 3

ARTICLE II NEGOTIATIONS PROCEDURE 4

ARTICLE III GRIEVANCE PROCEDURE 5

ARTICLE IV EMPLOYEE AND ASSOCIATION RIGHTS 7

ARTICLE V CONDITIONS OF EMPLOYMENT 9

ARTICLE VI ASSIGNMENTS, VACANCIES, TRANSFERS 13

ARTICLE VII LEAVES OF ABSENCE 14

ARTICLE VIII COMPENSATION AND BENEFITS 16

ARTICLE IX EFFECT OF AGREEMENT 19

ARTICLE I

RECOGNITION

1.1 The Board of Education of Community Unit District #202, St. Elmo, Illinois (hereinafter referred to as the “Employer” or “Board”) recognizes the St. Elmo Education Support Personnel Association, IEA-NEA (hereinafter referred to as the “Association” or the “Union”) as the sole and exclusive bargaining representative for all regularly employed full and part-time non-certified employees (hereinafter referred to as the “Employee” or “Bargaining Unit Member”). Excluded from the bargaining unit are the unit secretary, the unit secretary/bookkeeper, the maintenance supervisor, and all managerial, supervisory, and confidential employees as defined by the Illinois Educational Labor Relation Act.

1.2 A full-time employee must work at least 40 hours per week, five (5) days per week and at least fifty-two weeks per year.

Unless stated differently, regularly employed part-time employees will be included in the bargaining unit except their salaries and benefits shall be based on their fractionalized employment status.

1.3 The Board agrees not to negotiate with any other employees’ organization, individual employee, or group of employees as defined in 1.1 above, with regard to negotiable items, unless otherwise provided for in this Agreement or unless mutually agreed to by the parties during the term of this Agreement.

ARTICLE II

NEGOTIATIONS PROCEDURES

2.1 Negotiation Committee: Designated representatives of the Board and the Association shall constitute the respective negotiating committee. The parties’ designated representatives will have all the necessary powers and authority to make and consider proposals, counter-proposals, and tentative agreements in the course of negotiations, subject to ratification by the Board and the Association respectively. It is agreed to by the parties that each negotiating team shall not exceed seven (7) in number.

2.2 Meetings: Within seven working days following May 1 of the last year of the agreement, the initial meeting shall be held. The ground rules shall be established at this meeting. The Association and Board shall determine a mutually agreed upon date within thirty days of the initial meeting to begin negotiations.

2.3 Exchange of proposals: Packets of initial contract proposals will be exchanged by the parties at the first negotiations meeting. No new or additional items may be introduced after the first meeting unless mutually agreed to by the parties.

2.4 Agreement: When tentative agreement is reached on an item, it shall be reduced to writing and initialed by the parties prior to adjournment of the meeting. When tentative agreement has been reached on all items, it shall constitute a complete Tentative Agreement, and shall be prepared for presentation to the Board and Association for ratification.

Prior to presenting for ratification, the complete Tentative Agreement shall be proofread by one representative from the Association and one representative from the Board.

Upon ratification, the Agreement shall be signed by the President of the Association and the President of the Board.

2.5 If an agreement is not reached by June 15th either party may call for a mediator. The guidelines for mediation, as set down in the Illinois Educational Relations Act and its Rules and Regulations, shall be the procedures followed by both negotiating parties. It is agreed that, if either party to this Agreement calls for mediation, the parties will jointly request the Federal Mediation and Conciliation Service to appoint a mediator from its staff.

Should FMCS be unavailable, the parties shall immediately commence discussions as to a replacement. In the event that the parties cannot agree upon a replacement, the Illinois Educational Labor Relations Board shall be notified.

ARTICLE III

GRIEVANCE PROCEDURE

3.1 Definition - A grievance shall be:

3.1.1 Any written claim by the Association, an employee, or a group of employees that there has been a violation, misrepresentation, misapplication of the terms of this agreement.

The Association shall have the right to present grievances.

3.1.2 A grievance must be filed within 15 days of the occurrence of the event which gave rise to the grievance stating the Article and section alleged to be violated and the remedy sought. The number of days indicated at each step in the procedure shall be considered as the maximum allowable to the parties and every effort shall be made to resolve the grievance as rapidly as possible. All time limits consist of weekdays.

3.2 Procedures - The parties hereto acknowledge that it is usually most desirable for an employee and the employee’s immediately involved -- supervisor to resolve problems through free and informal communication. If, however, the informal process fails to satisfy the employee or the association, a grievance may be processed as follows:

3.2.1 Step 1 - The employee or the association may present the grievance in writing to the immediately involved supervisor, who will arrange for a meeting to take place within 10 days after receipt of the grievance. The Association’s representative, the grievant, and the immediately involved supervisor shall be present for the meeting. Within 10 days of the meeting, the grievant and the Association shall be provided with the supervisor’s written response, including the reasons for the decision. A proper answer regarding the decision is “no violation of the Agreement, Grievance denied”.

3.2.2 Step 2 - If the grievance is not resolved at Step 1, then the employee or association may refer the grievance to the Superintendent (or the superintendent’s official designee) within 10 days after receipt of the Step 1 answer. The Superintendent shall arrange with the Association representative and employee for a meeting to take place within 10 days of the superintendent’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors, as it deems necessary. Within 10 days of the meeting, the Association shall be provided with the Superintendent’s written response, including the reasons for the decision. A proper answer regarding the decision is “no violation of the Agreement, Grievance denied”.

3.2.3 Step 3 - If the grievance is not resolved at Step 2, then it may be referred to the Board of Education within fifteen days after the receipt of the Step 2 answer. The Board of Education shall arrange with the association representative and employee for a meeting to take place within 10 days of the Board of Education’s receipt of the appeal. Each party shall have the right to include in its representation such witnesses and counselors, as it deems necessary. Within 10 days of the meeting, the association shall be provided with the Board of Education’s written response including the reasons for the decision. Any Step 3 grievance hearing conducted by the Board will be held during a special meeting by the Board within the time limits determined. The meeting will convene in open session and then enter into closed session as provided by Section XVIII of the Illinois Education Labor Act to hear the grievance. Any determination by the Board to refer a grievance directly to Step 4 arbitration, or any decision the Board reaches, if it hears a grievance, will be reported in written form within the time limits determined.

3.2.4 Step 4 - If the grievance is not satisfactorily resolved at Step 3, the grievance may proceed to binding arbitration. The Association may submit to the Board a written request on behalf of the Association and the grievant to enter into binding arbitration through the American Arbitration Association, which shall act as administrator of the proceedings. The Association may elect to take the grievance to arbitration no later than thirty (30) days after the Board’s response. If the Association does not proceed to arbitration within 30 days of the Board’s response the grievance shall be deemed withdrawn.

Expenses for the arbitrator’s services shall be born equally by the District and the Association.

The decision of the arbitrator shall be final and binding on the parties.

3.3 Bypass to Superintendent - If the Association and the Superintendent agree, any step of the grievance procedure may be bypassed and the grievance brought directly to the next step.

3.4 Bypass to Arbitration - If the Board and Association agree, a grievance may be submitted directly to arbitration.

3.5 No Reprisals Clause - No reprisals shall be taken by the Board or the Administration against any employee because of the employee’s participation in a grievance.

3.6 Should the Arbitrator, during the investigation or processing of any grievance, require that an employee or an Association representative be released from their regular assignment, the employee or Association representative, shall be released without loss of pay or benefits.

3.7 Filing of Materials - All records related to a grievance shall be filed separately from the personnel files of the employees.

3.8 Grievance Withdrawal - A grievance may be withdrawn at any level without establishing precedent.

3.9 No Written Response - Failure of the employee or the Association to act on a grievance within the prescribed time limits will bar any further appeal. Time limits may be extended by mutual agreement.

3.10 AAA Rules - At the mutual agreement of the parties, the Expedited Arbitration Rules of the American Arbitration Association shall be used instead of the Voluntary Labor Arbitration Rules.

3.11 Costs of Arbitration - The fees and the expenses of the arbitrator shall be shared equally by the parties. The parties shall each be responsible for the costs of their own representation. If only one party requests the presence of a court reporter, that party shall bear the costs of the reporter. If only one party requests the postponement of an arbitration hearing, that party shall bear the costs of such postponement.

ARTICLE IV

EMPLOYEE AND ASSOCIATION RIGHTS

4.1 Right of Representation - When an employee is required to appear before the Board or administration concerning a matter which may lead to the employee’s termination, reduction in salary, suspension with or without pay, or a written reprimand which will be placed in the personnel file, he/she shall be entitled to have a representative present upon request. Further, when an employee is required to appear before the Board or administration, said employee shall be advised in writing of the general reason for the requirement at least twenty-four (24) hours in advance of the meeting.

When an employee is required to meet with the Superintendent or Building Principal for any of the above reasons, he/she shall be entitled to have a representative present upon request. The right of representation does not include evaluation conferences.

4.2 Right to Review - Personnel File - The official file of all materials related to an employee shall exist at the Superintendent’s office. Each employee shall have the right to review the contents of said employee’s personnel file, with the exception of pre-employment confidential materials, and to attach and place therein written reactions to the contents. The employee may review his/her file upon forty-eight (48) hours’ written advance notice submitted to the Superintendent during the regular business hours established by the central office or at a time mutually agreeable with the Superintendent and the employee. The employee may not remove any material from said file and must review the content of his/her file in the presence of the Superintendent.

Written Response - An employee shall be provided with a copy of all official written letters of reprimand placed in the employee’s personnel file. An employee shall have the opportunity to provide a written response to the written reprimand.

4.3 Payroll Deduction

A. Upon the written request of an employee on an Authorization Form furnished by the Association, the

Board shall deduct from the compensation of that employee the current dues, payments or

contributions payable by that employee to the Association. Such authorization shall remain in effect

from year to year, except that the employee may revoke it between September 1 and September 15

of any year.

All dues, payments or contributions deducted by the Board shall be remitted to the Association no

later than ten (10) working days after such deductions are made.

B. The Board also agrees, upon written authorization from an employee, to provide payroll

deduction for:

---insurance premiums

---tax-sheltered annuities

4.4 Meetings Notices and General Information - The Association shall have the right to:

A. a designated room of adequate size. Arrangements must be made in advance with no disruption of

the normal school day. Any extra-ordinary expense incurred through the use of school facilities

will be the Association’s responsibility.

B. employee’s mail boxes, inter-school mail, and school bulletin boards for the purpose of internal

communications. No material may be posted on bulletin boards without the written approval of

the building principal.

C. school equipment, e.g., typewriters and duplicating machines. Association will assume all costs.

D. transact official Association business on school property, providing it does not occur during employees’

work hours and does not disrupt the normal educational process.

4.5 Notice of Meetings

The President of the Association or the President’s designee will be given, at the same time as the media is

notified, written notice of all regular, special, and emergency meetings of the Board together with a copy of

the agenda. One copy of Open Session Board minutes shall be made available to the president of the

Association within seven days after the Board has approved the minutes of the previous meeting.

4.6 Association Leave

Up to two members of the Association will each be allowed not more than two (2) days absence from their

duties without loss of pay, to attend state or national Association workshops. Up to two additional days shall be used provided the Association agrees to reimburse the Board for the cost of substitute pay, should substitutes be used. The Association shall reimburse the Board within thirty (30) days of such absence. A written request for leave must be submitted to the Superintendent a minimum of five days in advance of the leave.

4.7 Documents

The Board agrees to make available to the President of the Association or designee upon written requests, a copy of

the District’s budget, budget amendments, annual financial report, board policies, and policy additions, deletions,

or modifications.

4.8 Names of New Employees/Resignation, Retirements, Termination’s

Names of newly hired members of the bargaining unit shall be sent to the Association President of designee within

two (2) weeks of the date of their employment. The Board also agrees to notify the Association President or

designee in writing within two (2) weeks of any resignation, retirement, or termination of any member of the

bargaining unit.

4.9 Distribution of Agreement

Within thirty (30) days of ratification of the Agreement, the master copy of the ratified contract will be provided to

the Board and Association Representative.

4.10 Waiver Application Notification

The Board of Education shall notify the President of the Association 30 days prior to the day the Board considers a waiver application of the school code. The notice to the President shall contain the subject and nature of the waiver request.

ARTICLE V

CONDITIONS OF EMPLOYMENT

5.1 Resignation

An employee who is resigning from her/his position shall give the normal two weeks’ notice.

5.2 Breaks

Full-time employees, working 7 or more consecutive hours, shall be entitled to two (2) 15 minute

breaks each day or shift. Part-time employees, working more than 4 but less than 7 consecutive hours,

shall be entitled to one (1) l5 minute break a day.

5.3 Evidence of Physical Fitness

All new employees at the time of employment shall secure a physical examination from a licensed

physician showing evidence of physical fitness to perform duties assigned and freedom from communicable

disease, including tuberculosis. The cost of such examination shall rest with the employee.

The Board may from time to time require an examination of any employee by a licensed physician to practice

medicine and surgery in all its branches and shall pay the expenses thereof from school funds.

5.4 In-Service

When an employee is required to attend an institute, training session, or in-service program during work

time, the employee shall suffer no loss of pay or benefits for said time. When an employee is required to

attend any such program during her/his personal time, the employee shall be paid at the employee’s normal

rate of pay.

5.5 Employee Travel

Employees who are required to use their vehicles to travel shall be reimbursed at the current district

mileage rate.

5.6 Reduction in Staff and Seniority

Seniority - Definition

Seniority is the length of an employee’s service starting with the first day that duties are performed as a regular, nonsubstitute employee.

Employees who are promoted or transferred out of the bargaining unit and subsequently return to the

bargaining unit without a break in service to the District, shall have their seniority computed from their first day of

original employment but will not be credited with seniority credit for the time spent outside the bargaining unit.

When two (2) or more employees of the same category begin work on the same day, seniority shall be

determined by a random lot selection conducted by the Administration in the presence of a member of the

Association.

A. Seniority is lost upon the following:

1. Resignation

2. Dismissal

3. Retirement

B. Seniority is retained but shall not accrue during the following:

1. Unpaid leave of absence

2. Unpaid sick leave

3. Seniority earned within the bargaining period prior to promotion outside the bargaining unit

4. Period of layoff as established by this Agreement

C. Seniority continues to accrue during the following:

1. Paid leave of absence

2. Temporary disability due to a work related injury

Seniority List

By February 1, annually, the Employer shall publish a seniority list for each of the job categories.

A copy of the list will be given the Association President and posted in the Elementary School building, High

School building and in the Unit Office and Bus Garage. After March 1 of any given year, the seniority

list shall be deemed accurate and no exceptions will granted for that school year.

Seniority list shall be published for the following job categories:

1. Cook

2. Custodian

3. Secretary

4. Teacher Aide

5. Study Hall Monitor

6. Bus Driver

7. Bus Mechanic

8. Lunchroom Clerk

9. Nurse

Employees shall accrue seniority as listed in the category(ies) he/she is currently employed and shall

retain any previous accumulated seniority in any other category the employee has worked. However,

seniority shall accumulate in only the category(ies) in which the employee is presently employed.

Layoff Procedure

If an employee is removed or dismissed as a result of a decision of the Board to decrease the number of

employees or to discontinue some particular type of service, written notification shall be given the employee by

certified mail, at least forty-five (45) days before the end of the school term.

The employee with the shorter length of continuing service with the District, within the respective category

of position, shall be dismissed first.

Recall

If the Board has any vacancies for the following school term or within one (l) calendar year from the beginning

of the following school term, the positions thereby becoming available within a specific category of position

shall be tendered to the employees so removed or dismissed from that category of position, so far as they

are qualified to hold such position. Employees recalled from layoff status shall retain all previously accumulated sick days.

Waiver of Recall Rights

Failure of the employee to respond within ten (10) calendar days after the receipt of the Board’s letter of

recall sent by certified mail to the employee’s address on file with the Board recalling such employee will

result in termination of the employee’s right of recall to any full or part-time position hereunder. It shall

be the responsibility of the employee to inform the Superintendent of any change in home address.

5.7 Evaluation

Frequency

Employees shall be evaluated at least once every school year.

Orientation

The supervisor shall acquaint each employee with the evaluation procedures and evaluation form to be used.

No formal evaluations may take place until such orientation has been completed.

Evaluation Instrument

The administration shall evaluate each employee in writing, using an evaluation instrument designed by the

administration, and shall provide a copy of said evaluation to each employee.

Evaluation Conference

The evaluator shall have a post-evaluation conference with the employee within twenty (20) working

days following the formal evaluation of the employee. The evaluator and the employee shall review the

evaluation. The employee shall sign the evaluation instrument indicating it has been discussed. The signature

of the employee may not mean he/she agrees with the contents of the evaluation. The employee shall have the

right to submit a written explanation or other written statements regarding any evaluation for inclusion in his/her

personnel file. The written comments submitted by an employee will be attached to the evaluator’s written

evaluation and maintained in the employee’s personnel file. The evaluator will sign the employee’s response

acknowledging that he/she has read the material.

5.8 Work Year, Work Week, and Work Day

The days worked by the regularly employed part-time support staff are based on student attendance days that require employee presence. The bus drivers and the cooks receive one additional day for preparation. The normal work day, excluding lunch, for employees shall be:

Category Hour/Day Days/Year

Mechanic 8 260

Custodian 8 260

High School Secretary 8 260

Elementary School Secretary 8 190

Full Time Aide 6.75 (was 6.0) Student attendance days

Study Hall Monitor 6.75 (was 6.0) Student attendance days

AER Monitor 7.75 (was 6.0) Student attendance days

High School Cook 6.0 (was 5.75) Student attendance days

Elementary School Cook 6 Student attendance days

Bus Driver 3.25 Student attendance days

Voc/Spec. Ed. Bus Driver 3.5 Student attendance days

Bus Aide 2 trips Student attendance days

Nurse 6 (was 4.0) Student attendance days

Lunch Clerk 2 Student attendance days

The above work year and hours signify full time employment in that category. The information shown is used for annualizing the salary to enable the employee to receive the same amount each month rather than by being paid strictly by the hour. The Board of Education may employ part-time employees and adjust their work year based on the need of the District.

Snow Days/Emergency Days/School Cancellation

If school is canceled after students have been transported to school, bus drivers shall transport students back home and be paid for all hours and work performed that day.

If school is canceled, all employees shall be paid for all hours and work performed that day.

Extra trips shall be assigned to all drivers. A rotating list shall be developed annually listing drivers’ names alphabetically. The driver who is scheduled for a trip is responsible for taking the trip or for making arrangements with another driver to take the trip. If no other driver is available to take the trip, the driver shall take his/her scheduled assignment. Any driver who volunteers to take an additional trip shall not affect his status on the list. If a bus driver holds a second job position in the district, that driver will accumulate no more than 40 work hours in a given week without superintendent’s approval. As a grandfather clause to this article, this section shall not apply to Ellen Borntreger & Donna Engleman.

Custodial service may be required for certain events. Volunteers shall be sought to fill the needs first. If no volunteer is available, then the custodians shall be rotated from a list of building custodians. Custodians assigned to the building where the activity is scheduled will be used.

5.9 Duty-Free Lunch Period

All employees who work four (4) or more hours a day shall be entitled to a thirty (30) minute duty-free unpaid

lunch period, which shall be in addition to the above stated work day (see 5.8 of the Agreement)

5.10 Multiple Classifications

If an employee is working simultaneously in more than one position, the number of sick leave days the employee

will earn will be computed on the total number of hours worked per day. For example, an employee who drives

a school bus for three and one/half hours (3 1/2) per day and also is employed as a regular cook and works four (4)

hours per day, the employee’s workday will be computed as seven and one-half (7 1/2) hours. In the above example a sick leave day will be 7 1/2 hours. If the employee is absent for the entire day due to illness, one day of

sick leave will be deducted from his/her total accumulated sick leave. If the employee is absent for less than one- half day due to illness, one 1/2 day of sick leave will be deducted from his/her total accumulated sick leave. If an

employee is absent for over half the work day due to illness, a full day of sick leave will be deducted for his/her

total accumulated sick leave.

5.11 If an employee is temporarily assigned to a different position with a different rate of pay for ten consecutive days, starting on the 11^th consecutive day this Employee shall receive the higher rate of pay for hours assigned. This does not reflect hourly pay for experience.

ARTICLE VI

ASSIGNMENTS, VACANCIES, TRANSFERS

6.1 Notification of Assignment

Employees shall be notified regarding any change in assignment for the forthcoming year, by August 1, if possible.

6.2 Vacancies

A. A vacancy shall be defined as a permanent position which has been newly created, or which has

previously existed and has been vacated due to resignation, retirement, death or termination. The

term “vacancy” shall not apply to any position from which an employee is absent due to leave.

B. All vacancies that occur in bargaining unit or non-bargaining unit positions shall be posted in each

building for a minimum of five (5) work days before the position is filled on a permanent basis. All

vacancy notices shall contain the qualifications for the position, its duties, the rate of compensation,

and the deadline for making application.

C. Nine or ten month employees who are away from their assignments during the summer months may

request in writing that the Superintendent’s Office mail to them a copy of vacancy notices. All costs

to be paid by the employee.

6.3 Transfers

When it is necessary to involuntarily transfer or reassign employees, to the extent possible, all volunteers shall

first be considered.

ARTICLE VII

LEAVES OF ABSENCE

7.1 Sick Leave

All employees shall be entitled to fifteen (15) days of sick leave per year, which can accumulate up to

(240) days.

Sick leave may be taken in 1/2 day increments.

Sick leave shall be interpreted to mean personal illness, quarantine at home, or serious illness or death in the

immediate family. For purposes of this section, “immediate family” shall include parents, spouse, brothers,

sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, and legal guardians.

Absence due to injury incurred in the course of the employee’s workday while assigned duties shall be treated as

sick leave. However, income received from Worker Compensation shall be deducted from the District’s

compensation liability to the employee. When income from other than District funds is received by the employee

due to his/her injury, the District shall only be responsible for the remaining salary owed the employee. The intent

of the District is that in no case shall the employee who was injured while performing his/her duties receive more

than one hundred percent (100%) of his/her gross salary.

If an employee who is injured on the job receives no District funds, no sick leave benefits will be deducted. If an

employee who is injured on the job receives District Funds, sick leave benefits will be deducted on a prorata basis.

For retirement purposes only, sick leave shall accumulate to (240) days. (Employees accumulate the first (240) per contract and any days over that amount are used only for IMRF retirement purposes.)

7.2 Personal Leave

Four (4) days of sick leave may be granted to employees with the administrator’s approval, for personal leave

provided the following conditions are met.

A. Written request for a personal leave day shall be given the immediate supervisor at least forty-eight

(48) hours prior to the day of the intended use.

The 48 hour restriction may be waived by the immediate supervisor in the case of an emergency.

B. Personal leave cannot be used prior to or to extend a vacation period, immediately before or after a

holiday, or the first or last five student attendance days of the school year. The above restrictions

may be waived by the Superintendent. The Superintendent’s decision regarding such waiver is final.

C. No more than a total of two (2) employees in the District and no more than (1) per building may use

personal leave on the same day. No more than one (1) bus driver may use personal leave on the

same day.

E. All used personal leave days will be deducted from the employee’s accumulated sick leave.

7.3 Leave for Jury Duty

The Board recognizes the need for participation of employees in the judicial system. Employees who are absent for jury duty for two days will receive their regular salary plus jury duty pay. Beyond two days, the employees may be requested to have their jury duty pay deducted from the day’s pay.

7.4 Maternity Leave

Any employee who is pregnant is eligible for maternity leave, subject to the following conditions:

7.4.1 Maternity leave shall be an uncompensated leave of absence. However, accumulated sick leave may

be used in lieu of or combined with uncompensated leave. In order for an employee to combine sick

leave with uncompensated leave, the employee must be sick in accordance with the provisions of this

agreement.

7.4.2 Any leave related to pregnancy shall be for a fixed period of time and is subject to the approval of the

Superintendent. Written application for leave shall be made to the Superintendent no later than sixty (60)

days prior to the commencement of the leave. The application shall state the anticipated beginning and

ending dates of the leave, and the type or combination (sick and/or unpaid) leave(s) desired. The

beginning and termination dates of the leave shall be determined by the employee and her physician. No

unpaid leave, sick leave, or combination thereof related to pregnancy shall exceed one (l) calendar year.

7.4.3 An employee who returns from maternity leave shall be reinstated to her former or similar position. No

later than forty-five (45) days prior to termination of pregnancy related leave, the employee shall submit

to the Superintendent written notice of her intent to return. Failure to do so will result in the employee

waiving her right to future employment in the District.

7.4.4 Any request regarding pregnancy leave shall be subject to final approval of the Board of Education.

7.4.5 Disability caused or contributed to by pregnancy, childbirth, or related medical conditions shall be

considered as any other medical disability and the employee may use sick leave to the extent that it

has accumulated.

7.5 Bereavement Leave

Each employee shall be allowed up to a total of three (3) days of absence per year without loss of pay,

when bereaved by the death of a member of the immediate family as defined in 7.1 of this agreement. Bereavement leave does not apply whenever there is a miscarriage or abortion of a fetus. This situation is covered under article 7.1. Aunts and Uncles shall also count for the purposes of this article.

7.6 Unpaid Leave of Absence

Leaves of absence without pay may be granted to employees who have rendered satisfactory service to the District.

Any employee granted such leave shall return to employment in a similar capacity at the termination of such leave,

provided the employee follows these procedures:

A. Except in the case of an emergency, written requests for leaves of absence without pay shall be made at

least ninety (90) days prior to the leave. All requests are subject to final approval of the Board of

Education.

B. Dates of departure and return must be acceptable to the administration and determined prior to

initiating such request.

C. Leaves of three (3) calendar weeks or less, if acceptable and approved by the Superintendent, will not

require Board approval, nor ninety (90) days advance notice. The Superintendent may approve such

request, but the Superintendent’s rejection or approval of such leave request shall be at the

Superintendent’s sole and exclusive discretion.

D. The employee shall inform the Superintendent of his/her intent to return to a similar position the

for the following school term no later than February 1. If the employee fails to inform the Superintendent prior to February 1, the employee waives his/her right to future employment in the

District.

E. Employees taking an unpaid leave of ninety (90) working days or more shall not receive experience

credit for the year they are on leave.

F. During the unpaid leave, the employee may purchase hospitalization and major medical insurance at the

District group rate with eligibility determined by the insurance carrier. The employee shall be

responsible for the full amount of each month’s premium. Said payments shall be made fifteen (15) calendar days prior to the District’s premium due day to the Unit District Office.

ARTICLE VIII

COMPENSATION AND BENEFITS

8.1 Salary

The salary schedules for all classifications shall be specified in Appendix A of this Agreement.

Increases in pay shall begin on July 1 for those individuals employed on a 12 month basis. For school year employees, the salary increases shall begin with the first September paycheck.

Placement on the salary schedule is based on years of experience in that specific classification.

If an employee is hired prior to November l of the initial year of employment, he shall be eligible to advance a step

on the salary schedule at the beginning of the next fiscal year.

8.2 Overtime

Employees required to work beyond forty (40) hours per week, shall be compensated at one and

one-half (1-1/2) times their regular rate of pay.

8.3 IMRF

According to the authority granted by the Pension Reform Act of 1974 of the Internal Revenue Code and Public Act 81-5136, Ill.Rev.Stat., ch. 108-1/2, par. 7-173.2, the Board of Education agrees to pay out of the above salary schedule four and one-half percent (4.5%) of each employee’s salary to the Illinois Municipal Retirement Fund (IMRF) on behalf of each employee as a tax sheltered direct contribution. Should any of the above be declared improper by an IRS ruling or opinion or by a court of competent jurisdiction, that clause or portion thereof shall be deleted to the extent that it violates the ruling or opinion.

8.4 Holidays

The following days shall be paid holidays for twelve month full-time employees who work eight (8) or more hours

per day if the day falls in their normal work year:

Labor Day Martin Luther King Jr.’s Birthday

Columbus Day Lincoln’s Birthday (President’s Day, if waivered)

Veteran’s Day Casimir Pulaski’s Birthday

Thanksgiving Day Good Friday

Christmas Day Memorial Day

New Years Day July 4

Friday after Thanksgiving Christmas Eve (December 24)

A. The employee must work within the payroll period during which the holiday occurs.

B. The employee must work the last scheduled working day before the holiday and the first scheduled work

day after the holiday. If July 4, Christmas Day, or New Year’s Day falls on a weekend, the Board shall grant the employees either the Friday prior to the holiday or the Monday following the holiday as a floating holiday. The day to be used is the decision of the Board of Education.

C. The Board reserves the right to waive any of the above holidays and the employees will be required to

work on such days if students are present. For each holiday waived by the Board, they shall be replaced

by another holiday selected with Board approval unless the holiday is not recognized by Illinois State Board

of Education as a weekday holiday.

8.5 Vacation

After a year of continuous employment, full-time, year-round employees (employees employed on a twelve

month basis) shall be eligible for a vacation on the following basis.

After 1 year of continuous employment - 5 working days.

After 2 years but less than (10) years of continuous employment - 10 working days.

After (10) plus years of continuous employment - 15 working days.

Vacation time earned in one fiscal year shall be used by the end of the calendar year (December 31) or the

employee shall lose it. Employees terminating their employment shall be entitled to remuneration for the amount of

vacation earned to the date of termination, provided they have been in the employ of the school system for one year.

Vacation remuneration shall be paid only when employment is terminated by the action of the Board or by two

weeks notice in writing by the employee.

Requests for vacation shall be submitted to the administrator to whom the employee is responsible and must be

approved by the Superintendent. Every effort shall be made to meet the desires of the employee and the needs of

the District in establishing vacation dates. As much as possible, vacations shall be taken during the time when there is not a major inconvenience to the district, except by special arrangement with the Superintendent or the Superintendent’s designee. The Superintendent shall keep a record of vacations earned and the dates taken.

8.6 Section 125 Plan According to the authority granted under Section 125 of the Internal Revenue Code, employees who elect to participate may do so by completing the appropriate forms provided by St. Elmo Community School District #202.

The employee agrees to follow all the rules and regulations of the Internal Revenue Code regarding the sheltering of such contributions. The Board shall not be responsible for failure of the above plan to meet the writing, enforceability, etc. as determined by the Internal Revenue Code. Should any of the above be declared improper by an Internal Revenue Code ruling or opinion, that clause or portion thereof shall be deleted from this Agreement to the extent it violated the ruling or opinion.

The Board shall pay for the initial writing of the Section 125 Plan, any amendments to the plan to maintain the legal status of the plan, and the yearly maintenance fees. Any additional administrative fees shall be born by the individual employees who participate in the plan.

8.6.1 Benefits The Plan shall include medical health insurance, an annuity option or a cash option. The Plan shall be administered by the current Plan Administrator.

The St. Elmo Community Unit District #202 shall contribute $245 per month for twelve months toward the Section 125 Plan of each employee working 5 hours or more per day for the 2006-2007 school year, $275 per month in the 2007-2008 school year, and $295 per month in the 2008-2009 school year. Employees working less than 5 hours shall receive $135 per month for ten months toward the Section 125 Plan for the 2006-2007 school term, $150 per month for the 2007-2008 school term, and $160 per month for the 2008-2009 school term. All benefits begin with the first paycheck in September.

The Board shall make medical insurance available to all support staff as contained in the Section 125 Plan on a pre-tax basis. Prior to any change in coverage or carrier of the presently existing insurance, the Association will be allowed to make recommendations to the Board concerning these changes.

The choice of tax sheltered annuities shall be limited to those from a list mutually agreed upon by the parties.

8.7 Physical Reimbursement

The Board shall pay for an annual state required bus driver physical at the Board’s choice of physician/medical

contractor. The board will also pay for an annual drug test as a part of the required physical at the board’s choice of blood testing facility. The board shall pay for the annual bus driver permit at $4 plus the annual ROE refresher course, and the cooks’ state Certification Renewal Class at a cost of $25.

8.8 Pay Days

Employees shall have the option of a 10 or a 12 month salary distribution. Employees shall be paid on the 15^th and the 30^th of each month. Should the pay date fall on a weekend or a holiday, the paychecks will be prepared and available on the last day prior to the weekend or holiday.

ARTICLE IX

EFFECT OF AGREEMENT

9.1 No Strike

During the terms of the Agreement, the Association will not instigate, encourage or support a strike, in whole or

in part, or participate in a concerted action, in whole or in part, to withhold full and complete services to the

activities of the District.

9.2 Savings Clause

Should any article, section or clause of this Agreement be declared illegal by a court of competent jurisdiction, then

that article, section or clause shall be deleted from this Agreement to the extent that it violates the law. The

remaining articles, sections and clauses shall remain in full force and effect for the duration of this Agreement.

9.3 Complete Understanding

The terms and conditions set forth in this Agreement represent the full and complete understanding between the

parties. The terms and conditions may be modified only through the written mutual consent of the parties.

9.4 Management Rights

The Board shall not be required to bargain over inherent managerial policy which shall include the following areas

of discretion or policy:

A. The functions of the Board;

B. Standards of Service;

C. The Board’s overall budget;

D. Selection of new employees; and

E. Direction of all employees.

9.5 Duration

This Agreement shall be effective September 1, 2006 and shall remain in effect until August 31, 2009.

This Agreement is signed this 19th day of , 2006.

In Witness Thereof:

For the St. Elmo Educational Support For the Board of Education,

Personnel, Association IEA/NEA St. Elmo C.U.S.D. #202

________________________________ __________________________

President President

________________________________ ___________________________

Spokesperson Spokesperson

APPENDIX A

SALARY SCHEDULE

2006 - 2007