AGREEMENT

 

between the

 

ELMBROOK SCHOOL BOARD

 

and the

 

ELMBROOK EDUCATION ASSOCIATION

 

            THIS AGREEMENT entered into this 1st day of July,  2003, by and between the Board of Education of the SCHOOL DISTRICT OF ELMBROOK, Waukesha County, Wisconsin (Elmbrook School District) hereinafter called the"Board" and the Elmbrook Education Association, hereinafter called the "E.E.A."

 

1.0                                                                  PREAMBLE

            Quality education is the main objective of the Board and the E.E.A. Being ever cognizant that the character of such education depends largely upon the quality and morale of the teaching staff, we hereby declare:

 

            WHEREAS, the E.E.A. recognizes that the Board, under law, has the final responsibility for the management of the Elmbrook School District; and

 

            WHEREAS, THE E.E.A. recognizes that teaching is a profession; and

 

            WHEREAS, the Board recognizes the educational expertness of the teachers and views the consideration of educational matters as a mutual concern; and

 

            WHEREAS, the laws of the State of Wisconsin permit public employees and public employers to enter into collective negotiation agreements concerning wages, hours and conditions of employment of such public employees; and

 

            WHEREAS, professional negotiations between representatives of the parties produced certain understandings between representatives of the Board and the E.E.A.; and

 

            WHEREAS, the Board and the E.E.A. desire to incorporate such understandings into a written Master Agreement.

 

            NOW, THEREFORE, in consideration of the following mutual articles, the E.E.A. and the Board hereby agree as follows:

 

2.0                                                                RECOGNITION

            The Board recognizes the E.E.A. as the sole and duly certified bargaining representative (as certified before the Wisconsin Employment Relations Commissions on October 23, 1968) for all certified full-time and regular part-time non-supervisory personnel (excluding administrators, supervisors, substitute teachers and all non- instructional personnel) in all matters concerning wages, hours and conditions of employment. All employees of the District covered by this Agreement are hereinafter referred to as "teachers."

 

3.0                                                           NEGOTIATIONS

3.1       Calendar of Negotiations of Salaries and Working Conditions

            The Board and the E.E.A. in recognizing their responsibilities toward quality education, agree to collectively bargain in good faith in the interest of arriving at a mutually satisfactory agreement each year.

            The E.E.A.'s Negotiating Team and the Board's Negotiating Team, when referred to collectively, shall be called the Joint Negotiation Committee.

 

            The Joint Negotiation Committee shall meet in good faith to collectively negotiate the forthcoming agreement during the first week in February. A request to begin collective negotiations shall be made in writing by either party to the other, such request to be directed either to the E.E.A. President or the Superintendent of Schools.

 

3.2       Study Committees    

            Study committees shall be established by the Joint Negotiation Committee to study unresolved negotiable issues. Such committees shall be established no later than September 30th of the school years. The negotiating teams shall identify the areas of mutual concern for future study.

 

            Members are to be selected by the Superintendent of Schools and the E.E.A. President. Chairpersons and secretaries for such committees shall be selected by members of each committee. Copies of all minutes shall be mailed by the chairperson to the Superintendent, the E.E.A. President and all members of the President's committee. Any negotiable issues which stem from these committee discussions will be identified, written out and submitted to the next year's Joint Negotiation Committee. No items of a negotiable nature will be finalized by these study committees.

 

3.3       Calendar Provisions

 

            If in any year where a calendar for the subsequent school year has not been ratified through the negotiation process, a committee of members of the Elmbrook Education Association bargaining team and members appointed by the Elmbrook Board will convene no later than January 1 for the purpose of reaching a tentative agreement on a calendar by February 1.

 

3.4       Permissive Subjects of Bargaining  

            The District reserves the right to challenge the permissive nature of existing contract provisions in the event legislation is enacted which would make existing contract provisions mandatory subjects of bargaining, as a matter of law. The parties agree that a petition filed pursuant to this reserved right shall be considered timely and will not be challenged by either party on the basis of timeliness or any other procedural defect related to the District's right to file said petition.

 

            In the event the enactment of legislation results in the District's exercise of the reserved right referred to in the preceding paragraph, the following agreements shall apply:

 

            1.    ­The collective bargaining agreement in effect between the parties at the time the District files a petition for declaratory ruling, as authorized herein, shall remain in effect and be enforceable for the entire term of that collective bargaining agreement.

 

            2.   ­All contract provisions challenged as permissive subjects of bargaining in a District petition for declaratory ruling, filed under the terms of this Agreement, shall continue and be enforceable in all successor collective bargaining agreements between the parties, by mutual agreement and/or stipulation pursuant to Wis. Adm. Code Section ERC 33.11, while the District's petition for declaratory ruling is being litigated and/or resolved.

 

4.0                                                  SCHOOL BOARD FUNCTIONS

            The Board of Education, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of Wisconsin and the United States. The exercise of the powers, rights, authority, duties and responsibilities by this Board of Education, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement.

5.0                                                   COMPENSATION - SALARY

 

5.1       Salary Schedule (See Appendix C)

 

5.1.1    Placement of New Teachers on Salary Schedule

            Placement of new teachers on the salary schedule shall be dependent upon prior experience and educational degrees/credits. The following guidelines shall be used in determining the initial placement:

 

            a)   ­Teachers with eight or more years of experience will be placed on the seventh step.  The Assistant Superintendent, Human Resources, upon Board approval, may place new teachers on steps above the seventh step in recognition of prior years of experience.

 

            b)   ­Placement of teachers with fewer than eight years of experience shall be determined by the Assistant Superintendent, Human Resources, with the following stipulation: No teacher shall be placed more than two steps below the number of years of experience.

 

5.1.1.1 Placement Above Step

            In hiring a teacher in a critical field for which it is difficult to find qualified personnel, the Superintendent may:

            a)   place said teacher on one step above proper placement on the salary schedule; or

 

            b)   ­grant said fully qualified teacher one-half (1/2) year of experience on the salary schedule for each full year of work experience outside of teaching in a directly related field. No more than five (5) years of such credit shall be granted. If a provisionally certified employee is granted the experience credit, he/she shall be frozen on the hiring step until full certification is achieved.

In all cases where either of the foregoing placements occur, the Association shall be promptly notified.

 

5.1.2    Step Advancements

            Annually, whether during the term of the contract or hiatus, each teacher will be advanced one full step on the salary schedule, provided his/her work has been judged satisfactory by the principal and Superintendent, and approved by the Board.

            Upon recommendation of the principal and Superintendent, the Board may withhold all or part of the annual step of any teacher whose work or maintenance of professional standards is not satisfactory.

            No teacher's annual step shall be withheld unless there has been adequate prior notice, supervision and an opportunity to correct the problem. Such step may in the future be restored, in part or in full, upon recommendation of the principal and the Superintendent.

 

5.1.3    Lane Advancement     

            Teachers changing preparation levels between the date of signing of their contract and the beginning of the school years must provide evidence of such change by September 1 or, if evidence is not available by that date, as soon as possible thereafter in order to realize appropriate salary adjustments for that year.

 

5.1.3.1 Prior Approval of Credits

            Teachers shall receive approval of a course prior to enrolling in the class. Form - Course Approval 107 is to be completed and submitted to the building principal.

            Credits shall be earned at an accredited baccalaureate or graduate degree granting college or university.

            Teachers are encouraged, but not required to pursue coursework in their area of assignment, in other areas in which they have certifications, in areas in which they are pursuing other certifications, or in content areas related to the above. Coursework in school counseling, the administration of schools, and the art and practice of teaching are also encouraged.

            It is recognized that the district may deny approval of a course: which does not have DPI approval; which is taken from a non-accredited institution; for which no relationship to the items listed in the preceding paragraph can be shown.

            Denial of any course may be appealed through the grievance procedure.

 

5.1.3.2 Credit Equivalency for Lane Changes - An employee and the District may reach mutual agreement on an individual program which will provide the employee with salary schedule advancement for other than college course work in the event that such course work is unavailable in high-tech, state-of-the-art areas. Such a program may include experience as follows:

            1.   ­Technical school courses for which non-college credit is offered (associate degree or certificate credit courses).

 

            2.   ­Workshops, seminars, and conferences offered through the public/private sector or by a professional association (e.g. an industrial education teacher at a graphics company). For every fifteen (15) clock hours of study, one credit shall be awarded for salary schedule advancement.

            3.   ­Teacher-arranged seminar-type instruction offered to individuals by a group of companies (e.g. a business education teacher's comprehensive observations of local industry offices for specific purposes). For every fifteen (15) clock hours of study, one credit shall be awarded for salary schedule advancement.

            4.   ­Related work experience. For every forty (40) hours of such experience, one credit shall be awarded for salary schedule advancement.

            No more than eight (8) credits earned in credit equivalency programs may be applied to any single salary schedule lane change.

            To be approved, the individual program must be directly related to the teacher's work assignment, and college credit must be unavailable for such a program.

            Teachers wishing to earn credit for salary schedule advancement through a credit equivalency program must submit a request on the form provided for this purpose (Appendix L) no later than ten (10) days prior to the start of the proposed program. The request form must be submitted first to the designated EEA representative for approval, then to the Assistant Superintendent, Human Resources. A split decision shall be considered denial.

            Teachers whose individual credit equivalency programs are denied may appeal to a joint committee of two EEA representatives and two administrators. The majority decision of the committee shall prevail.

            Upon satisfactory completion of a program, teachers shall submit proof of completion and a completed Appendix M to the Assistant Superintendent, Human Resources, who shall in turn issue teachers a verification of credit(s) earned toward salary schedule advancement.

 

5.2       Compensation: Sixth Assignment

 

5.2.1    Sixth Assignment (see 10.5)

            Teachers who agree to carry a sixth teaching assignment shall receive $3960.24 per year or $1980.12 per semester for a sixth teaching assignment.

 

5.2.2    Elementary Specialists for 6th Assignment

            Elementary specialists (art, music, physical education) are eligible for 6th assignment pay or portion thereof (See 5.2.1) when their teaching schedules exceed a full time assignment as established by the district. The district shall provide a copy of these guidelines to each elementary specialist and to the president and the head negotiator of the Elmbrook Education Association by September 30.

When an overload situation occurs, the Administration shall consult with the teacher(s) to consider what options may exist.

            When an overload situation occurs in elementary special education, the administration will work with the teacher and other appropriate staff to find creative ways to schedule in preparation time. However, in the event no solution can be worked out, the special education teacher will be eligible for 6th assignment pay or portion thereof (see 5.2.1).

 

5.3       Extra Pay

            The policy for additional remuneration includes only those tasks which must necessarily be done in whole or for the greater part outside regular school hours by teachers whose special training, ability or experience qualifies them for this assignment over and above their normal teaching load.

 

5.3.1    Extra Pay Salary Administration

            A person will be placed on the Extra Pay Salary Schedule according to actual experience in the system in that activity area, and/or credit granted for experience up to four (4) years, as determined when initially hired from another district. The assignment of a staff member to any activity shall be reviewed yearly. An assistant who is promoted to a head coaching position shall be granted equal experience as an assistant for assignment as a head coach.

 

5.3.2    Extra Pay Schedule (See Appendix D)

            All extra pay positions have been reassigned dollar amounts based upon the hourly ratings developed by the Extra Pay Committee and implemented at the beginning of the 1982-83 school year and revised for the 2001-2003 school years. Payments will be made according to the language and amounts found in Appendix D, Extra Pay Schedule.

            Any newly created positions in the Extra Pay Schedule will be ranked and placed on the Extra Pay Report. The salary will then be calculated from existing salaries on the schedule by comparing ranking totals and using interpolation if necessary. The ranking shall be mutually agreeable to the Board and the E.E.A.

 

5.3.3    Assignment of Extra Pay Positions

            The Administration shall make a reasonable effort to reach mutual agreement with each teacher, as to proposed extra curricular assignments before making such assignment. Any teacher having completed at least one year of an extra curricular assignment and desiring to be relieved from such duty in the following school years shall notify the Administration of such, prior to April 15 of the current year. Reasonable effort will be made to comply with such requests. In the event such reasonable effort is unsuccessful, the extra curricular assignment may be reassigned.

            When extra duty assignments are changed or eliminated, either by the principal or at the request of the teacher, such changes shall be discussed by the personnel involved before such change is effected.

 

5.3.3.1 Open Positions

            Extra pay positions will be opened (and posted):

            when a new position is created,

            when a position is vacated,

            ­when a bargaining unit member holding a position leaves the unit or every five (5) years (effective 7/1/01) when held by  non-bargaining unit members.

 

 

 

5.3.3.2 Access to Positions

            No non-unit member shall be granted an initial contract to perform a posted extra-pay assignment when there is a qualified bargaining unit member who applies for the posted position.

            Qualified bargaining unit members newly transferred, recalled, or hired for a particular building may apply for any position held by a non-unit member for which he/she was not able to apply when the posting last occurred. The bargaining unit member shall be given the position if he/she can demonstrate to the hiring team the necessary qualification to be successful in the position. Should the transfer, recall, or hiring occur within one month of the beginning of the activity or after the activity has begun, the unit employee may not apply for the activity in that year, but may apply for that position in the next year.

            The hiring team will weigh the following factors in the selection process:

            Demonstrate current innovative techniques and the ability to teach skills appropriately.

            Show a record of leadership that the activity will advance under the candidate’s leadership.

            Prove a working knowledge of the rules, regulations and ethics specific to the activity.

            Make evident, positive role model behavior.

            ­Demonstrate a record of success in interpersonal skills to be able to work with a wide variety of people, including parents, and perform under pressure.

            Show previous successful experience in a parallel or similar position.

            ­Articulate and demonstrate a record that supports that the candidate has a philosophy consistent with the Elmbrook school community.

            It is standard procedure that reference checks are an integral part of the process.

 

5.4 Substitute Pay (See 10.10.1)

            Payments for substitutes as described below shall be paid at the rate of $8.05 per twenty (20) minutes block of time or any major fraction thereof. Payments for a full class period shall be $24.15.

            In order to receive remuneration, a teacher must assume the duties and/or responsibilities of the teacher for whom he/she is to substitute. If a substitute cannot be secured at the elementary level in art, music, library or physical education, the regular classroom teacher must assume the duties and/or responsibilities of that special teacher in order to receive remuneration.

 

5.5       Drivers Education - Evening

            Authorized Evening Driver Education Instructors shall be paid at $24.98, per instructional hour.

 

5.6       Homebound Instruction

            Authorized Homebound Instructors shall be paid at the rate of $24.98, per instructional hour.

 

5.7       Curriculum Rate

            Effective September 1, 2001, teachers will be paid at a rate of $23.10 for curriculum work assigned outside of normal school hours.

 

 

 

5.7.1    Remuneration for Teacher Who are Presenters

            A teacher who volunteers to present a course, a CEU session, or a sectional on the District In-Service Day shall be remunerated at the curriculum rate, under the following conditions. In advance of the activity, the teacher and the appropriate administrator shall mutually agree to the number of hours for which the teacher shall be remunerated. The hours shall include preparation time. If the presentation occurs outside of the teacher day as described in 10.2 and 10.8, the teacher shall be remunerated for presentation time, as well.

 

5.8       Summer School Pay (See 10.16)

            Teachers will be paid at the rate of $23.31 per clock hour of employment during the summer sessions. Employment time for classroom teachers shall consist of a fifteen (15) minute preparation period before the teaching assignment and one fifteen (15) minute preparation period after each one and one-quarter (1-1/4) hour teaching assignment in a normal summer schedule. In those instances where a modified summer schedule is adopted, the ratio of preparation time to teaching time (4 to 15) shall be maintained.

            Driver education personnel will be paid for four and three-quarters (4-3/4) hours of work per day at the clock hour rate set forth above. When it is necessary to employ driver education instructors for periods longer than the regular six week summer session or for hours worked beyond the four and three-quarter (4-3/4) hour day, their pay will be increased commensurately.

            There shall be two (2) pay periods for all summer school personnel: 1st pay date: July 15; 2nd pay date: July 31.

 

5.9       Summer Project Work (See 10.17)

            Payment shall be based on the summer school pay scale as agreed to in the Master Agreement for that year. The Board shall make funds available for a minimum of two (2) such projects each year. The final decision as to the approval of such projects will be subject to Board action.

 

5.10     Summer Inservice/Staff Development (See 11.3 and 11.4)

            Teachers will be compensated at their individual daily rate for the succeeding school year for attendance on those days.

 

5.10.1  New Teacher Inservice Compensation (See 11.5)

            New teachers will be compensated at the daily BA-0 Step 1 rate for the succeeding school year for attendance on these days and shall receive their pay on or before August 31.

            Teachers who attend new-teacher inservices offered by a building principal or by central administration during the school year shall be remunerated at the CEU rate (5.11). Attendance shall be optional.

 

5.11     Continuing Education Unit (CEU) Pay Rate (See 11.7)

            Reimbursement for continuing education units will be part of the June 30th paycheck. All units earned and verified will be used in determining the reimbursement. The rate of pay will be $10.20 per CEU.

 

5.12     Salary Payments

            Teacher salaries shall be paid in twenty four (24) semi-monthly amounts.

            Teachers desiring twenty (20) semi-monthly payments rather than twenty-four (24) semi-monthly payments, shall notify the Business Office to that effect, in writing, no later than August 1.

            All salary payments shall be made using direct deposit to qualified financial institutions chosen by each staff member. Deposits will be made on the fifteenth and last day of the month, unless on that day the Federal Reserve is closed. In that case, payments will be made the weekday before, when the Federal Reserve is open. Staff will be notified of the amount of each deposit through receipt of an earnings statement each payday.

            The Board will continue to pay extra duty compensation on the teachers' regular payday; however, standard deductions shall be made as if the extra pay compensation were paid on a separate check.

 

5.13     Tax-Sheltered Annuities - Deferred Compensation

            The Board shall continue to make available the opportunity to purchase tax-sheltered annuities for those teachers who so desire. Provision shall be made for the withholding and payment of funds through the Business Office. Such action shall be taken only after written indication of intent to participate has been filed with the Business Office. All teachers shall also be eligible to participate in the District's deferred compensation plan created pursuant to Section 40.81 of the Wisconsin Statutes.

            The District shall publish in September a list of approved tax sheltered annuity providers. Providers shall remain on the list or may be added to the list as long as there are at least eight (8) teachers who are interested in participating in the specific provider's plan. However, teachers who are participating in plans with fewer than eight (8) teachers shall be "grandfathered" and may remain in those plans. No new teachers may participate in any plans with fewer than eight (8) participants unless the total number of participants meets or exceeds eight (8).

 

5.14     Association Dues Deduction (See 12.1, 12.2)

 

6.0                                                 COMPENSATION - BENEFITS

 

6.1       State Retirement Contribution

            For 2003-04 and 2004-05 years, the District will pay the full amount of the teachers’ retirement portion of State Retirement. Teachers’ salaries shall include extra pay salaries for the purpose of calculating the retirement contribution.

 

6.2       Health Insurance

             Employees have option to participate in the Physician PPO or the Indemnity Plan. The District shall pay the percent of the teacher's health insurance premium found in the table below for all teachers employed for eighty percent (80%) or more. For teachers employed less than eighty percent (80%) of a full-time contract, the district shall pay health insurance benefits on a pro-rata basis. However, full-time teachers hired prior to June 1, 1995, who are involuntarily reduced to a part-time position, shall not realize a reduction in health insurance benefits during the first two years of the reduction to a part-time position. Following the two year period, health insurance benefits shall be paid on a pro-rata basis.

            A teacher may elect not to take the family health coverage and may so indicate by signing a Waiver form in Human Resources.

 

6.2.1    Plan Options

            Employees shall select either of the benefits described in 6.2.1.1 or those in 6.2.1.2

 

6.2.1.1 Indemnity Plan

            The benefits in the Indemnity Plan shall not be less than those in effect on January 1, 2003, except as modified herein. See Appendix H and the Medical and Dental Benefits booklet for a detailed plan summary.

 

6.2.1.2 Physician Preferred Provider Organization (PPO)

            A Physician PPO shall be available to all employees effective June 1, 2003.

            Employees are encouraged to utilize the physicians within the designated PPO when seeking the services of a healthcare professional; however, employees and their dependents are free to obtain services with the physician of their choice but with a co-payment.

            ­Co-payment:  A fifteen dollar ($15) office co-payment will be the responsibility of the insured. This co-payment applies to each visit to a non-network physician.

            ­Exemptions:  Employees, retirees and insured dependents who reside within the five (5) county area: Milwaukee, Waukesha, Racine, Washington, and Ozaukee are required to utilize the Physician PPO Network to avoid co-payment. Employees, retirees and insured dependents who reside or are traveling outside of the five (5) county area are encouraged to utilize network physicians if one is available; however, they will not incur a co-payment if a non-network physician is utilized.

            ­In the event that an individual has an emergency and seeks care from a non-network physician, the co-payment shall be waived.

            ­If a procedure is medically necessary and cannot be performed by a network physician, then the insured would have the non-network co-payment waived.

            ­The benefits in the Physician PPO shall not be less than those in effect on June 1, 2003, except as modified herein. See Appendix H and the Medical and Dental Benefits booklet for a detailed plan summary.

 

6.2.2    Prescription Drug Card

            The Drug Card will cover contraceptives including birth control pills, devices, injections, and implant or patch systems.

* The dispensing fee for up to a 90-day mail order is $2.00 per script

 

6.2.3    Fertility Treatments

            Employees or their spouse undergoing fertility treatment as of May 31, 2003, will have those expenses paid in the same manner as the policy permitted before June 1, 2003. Employees beginning fertility treatment after June 1, 2003 will be covered in the same manner except that benefits paid by the plan will be limited to $10,000 during any one year (the employee’s plan year) but will not exceed a cumulative payment of $20,000.

 

6.2.4    Transplants

            Transplants are covered in accordance with the provisions detailed in Appendix H and the Medical and Dental Benefits booklet.

 

6.2.5    Out-of-Pocket Maximum

            Stop loss limits cap the employee’s out-of-pocket expenses to $1,500 for employees with single coverage and $3,000 for the employees with family coverage each calendar year. These out-of-pocket limits exclude prescription drug costs, costs above plan limit for mental health coverage and costs for medical care and services not covered by the plan design.

 

6.2.6    Hospital Preferred Provider Organization (HPPO)

            Employees are encouraged to utilize the hospitals within the designated PPO for all hospital admissions; however, employees and their dependents are free to obtain services with the hospital of their choice but with a penalty.

            ­Penalty:   The first $250 of incurred expenses will be the responsibility of the insured. This penalty applies to each admission to a non-network hospital.

 

            ­­Exemptions:  Employees, retirees, and insured dependents who reside within the five (5) county area: Milwaukee, Waukesha, Racine, Washington, and Ozaukee, are required to utilize the PPO network hospitals to avoid the penalty.  Employees, retirees, and insured dependents who reside outside of the five (5) county area are encouraged to utilize network hospitals if one is  available; however, they will not incur a penalty if a non-network hospital is utilized.

            ­In the event that an individual goes to the emergency room and is subsequently admitted, the penalty shall be waived.

            ­If a procedure is medically necessary and cannot be performed in network, then the insured would have the non-network penalty waived.

 

6.3       Dental Insurance

            The District shall pay one hundred percent (100%) of the teacher's dental insurance premium for all teachers employed for eighty percent (80%) or more. For teachers employed less than eighty percent (80%) of a full-time contract, the District shall pay dental insurance benefits on a pro-rata basis. However, full-time teachers hired prior to June 1, 1995, who are involuntarily reduced to a part-time position, shall not realize a reduction in dental insurance benefits during the first two years of the reduction to a part-time position. Following the two year period, benefits shall be paid on a pro-rata basis.

            The benefits provided under the District's dental insurance program are identified in Appendix I.

 

6.3.1    Passive Dental Preferred Provider Plan

            Employees are encouraged to utilize the dentists in the preferred provider organization; however, employees and their dependents are free to obtain services with the dentist of their choice without a penalty.

 

6.4       Flexible Spending Account

            The District will implement a Flexible Spending Account Plan to allow teachers to designate pre-tax dollars for premium payments and other allowable medical costs in accordance with Section 125 of IRS regulations.

 

6.5       Life Insurance

            The Board shall pay 100% of the cost of term life insurance for each teacher, the amount to be based on the nearest $1,000 above the current salary of the teacher.

 

6.6       Workers' Compensation

            A teacher who is accidentally injured in performance of assigned duty shall continue to be protected under the Worker's Compensation Laws of the State of Wisconsin. Premiums for such insurance shall be paid by the District. A teacher shall be eligible to receive pay up to the amount of his/her individual contract. Payment shall be accomplished as follows:

            1.   ­Payment as authorized by the District Worker's Compensation Carrier consistent with the Worker's Compensation laws of the State of Wisconsin.

            2.   ­At the employee's option, utilizing accumulated paid leave on a pro rata basis, payment by payroll check from the District for the difference between the Worker's Compensation payment and the employee's regular individual contract for the period of disablement authorized under Worker's Compensation.           

            3.   ­Delays in the implementation of adjustments in payment and charges to be paid may be caused by the processing of the Worker's compensation claim.

            4.   ­Absence on the day of injury or illness or during the subsequent three (3) days allowed under Worker's Compensation, shall not be charged to the Employee's accumulated paid leave.

            Continuation of all District benefits, accrual of paid leave, seniority, compensation and reinstatement are outlined under the leave of absence provisions in this contract.

 

6.7       Liability Insurance

            The Board shall continue its present liability coverage of each teacher in the amount of $1,500,000.

 

6.8       Long Term Disability

            The District will provide a disability insurance program. Benefits provided will be disability income equal to ninety percent (90%) of the regular annualized monthly salary. The waiting (elimination) period will be sixty (60) consecutive calendar days for both accident and sickness. Benefits are provided for both accident and sickness consistent with the age limitation permitted under the Age Discrimination and Employment Act (ADEA).

The maximum benefit period is as follows:

                  Age At                                            Maximum

                  Disablement                                    Benefit Period

                  Less than 60                                   To age 65

                  Ages 60 - 64                                  Maximum 5 years

                  Ages 65 - 68                                  To age 70

                  Ages 69 or older                             Maximum 1 year

            The District shall have cause to terminate any employee on long term disability when the following conditions exist: (1) the teacher has been on long term disability leave for three (3) consecutive years, (2) the teacher is physically and/or mentally unable to perform the duties of the position for which he/she was hired, and (3) the District has obtained medical documentation indicating that there is no expectation that the teacher will be able to return to employment with the District within the next year.

            The District will pay the health insurance premium costs for teachers on long term disability until they reach age 65. Dental, Life and AD & D coverage will cease if an employee is terminated pursuant to the provisions in the foregoing paragraph. However, upon submitting a completed application form, the life insurance coverage may be continued during the period of disability to age 65, under waiver of premium through the group life insurance carrier.

 

6.9       Income Protection Insurance

            The Board will continue to make available additional Income Protection Insurance for those teachers who wish to participate, premium costs to be paid by the teacher.

 

6.10     Collision and Comprehensive Insurance

            If a teacher's car is damaged by unknown persons while parked on District property or on authorized school business, the District will pay up to $200 toward the teacher's collision deductible insurance, if such damage is adjusted under the collision portion of the teacher's policy. Such claim will be paid upon proof of insurance adjustment submitted to the District Business Office. If the teacher does not carry collision insurance, the District will pay up to $200 for such damages upon proof of loss acceptable to the District.

            If a teacher's car is damaged by vandalism while on District property while the teacher is performing assigned duties, the District will pay up to $100 toward the teacher's comprehensive deductible insurance. Such claim will be paid upon proof of insurance adjustment submitted to the District Business Office.

            If the teacher does not carry comprehensive insurance coverage, the District will pay up to $100 for such damage upon proof of loss acceptable to the District. The total district liability, while the car is on district property, shall not exceed $1,000 during the term of this contract.

 

6.11     Damaged Personal Property

            If a teacher's clothing, watch, or eyewear is damaged while the teacher is in the performance of his/her duties, the District will pay for the repair or 100% of the replacement value of those items. Such claim will be paid upon proof of loss acceptable to the District (i.e. receipt, photo, statement of witness). Such proof shall be attached in writing to a completed Damaged Property Form (Appendix N.)

 

6.12     Benefits to Teachers on Leave

            Teachers on leave of absence under Sections 8.4, 8.5 or 8.7 may elect to take the group health, dental or life insurance. The individual shall pay the monthly premium, starting with the 1st of the month following the starting date of the leave of absence. Where the leave is granted for a year, starting with the end of the school year, premium payments shall commence on September 1.

 

6.13     Dependent Care Benefit Plan

            The Board shall make available to all teachers, the opportunity to participate in a dependent care cafeteria benefit plan. Benefits provided under the plan shall be funded by salary reductions from the participating employees. The plan shall be administered by the Business Office in accordance with the terms of the formal plan document.

 

7.0                                       COMPENSATION - RETIREMENT BENEFITS

 

7.1       Retirement Benefits

            The following benefits shall be available to teachers who resign from their regular full time duties and meet the following age and years of service conditions.

 

 

 

 

7.1.1    Eligibility Conditions

            To be eligible for health benefits as specified in 7.1.2, a retiring teacher shall have a minimum of:

                  Years of Service                 Age

                  At least fifteen (15)              60 or older

                  At least sixteen (16)            59

                  At least seventeen (17)        58

                  At least eighteen (18)          57

                  At least nineteen (19)          56

                  At least twenty (20) 55

 

7.1.2    Health Insurance

            A.  Before Medicare eligibility.

            The District shall provide retirees a health insurance plan identical to that in place for active members of the bargaining unit for up to five (5) consecutive years from the date of retirement until the retiree reaches the age of Medicare eligibility.

            The District will contribute sixty (60) percent of one hundred (100) percent of the cost of health insurance for up to three (3) additional years beyond the five (5) years stipulated in 7.1.2. until the retiree reaches the age of Medicare eligibility. Premium payments for coverage under the group plan should be made to the Business Office thirty (30) days in advance. The insurance supplement provided for in this paragraph terminates at the expiration of the 2003-2005 Master Agreement and continuation shall be contingent upon the effectiveness of the benefit.

            Retirees who have received District paid health insurance for five (5) years and for an additional three (3) years and have not reached the age of Medicare eligibility, may continue to participate, at their own expense, in the District's plan until the retiree reaches the age of Medicare eligibility. If at any time during the period of retirement a lapse in coverage occurs under the District's plan for any reason, the retiree will not be eligible or permitted to re-enroll in the plan.

            The District's contributions shall terminate when the retiree reaches the age of Medicare eligibility.

            Premium payments for coverage under the group plan shall be made to the Business Office thirty (30) days in advance.

 

            B.  Medicare Eligible Retirees.

                  Medicare "Carve Out" Plan.

            Retirees shall be eligible to remain in the District's health insurance group and purchase a Medicare "carve out" health insurance plan which, when combined with Medicare benefits, will match the health insurance benefits negotiated for active members of the bargaining unit. The rates for the "carve out" plan shall be determined by the District.

            In order to be eligible to participate in the "carve out" plan, the employee must have been a participant in the group plan at the time the employee becomes eligible for Medicare. This participation requirement can be satisfied in one of two ways: (a) by an employee who is an active participant in the District's plan and who retires at or beyond becoming eligible for Medicare; or (b) by an employee who is an active participant in the District's plan, who retires prior to reaching the age of Medicare eligibility and who is eligible to continue in the plan until eligible for Medicare under 7.1.2 (A) or by purchasing continuation coverage. A retiree's spouse who has not yet attained Medicare eligibility at the time the retiree reaches Medicare eligibility may continue to participate in the District's plan for active employees until he/she reaches the age of Medicare eligibility and is then eligible for coverage under the "carve out" plan.

 

            The purchase of the "carve out" plan shall not require proof of insurability. If a lapse in coverage occurs under the "carve out" plan for any reason, the retiree will not be eligible or permitted to re-enroll in the plan.

            Premium payments for coverage under the "carve out" plan shall be made to the Business Office thirty (30) days in advance.

            C.  Spouse/Dependents Coverage: If a former employee dies while receiving health insurance under this section and is survived by a spouse and/or dependent, such person(s) shall be eligible to receive any unused portion of the former employee’s benefit, including the right of the spouse to participate in the plan.

                  Benefits payable to the spouse or dependent(s) will not exceed, in combination with those already provided to the retiree before his/her death, those that would have been available to the former employee if (s)he had survived.

 

7.1.3    Life Insurance

            Upon retirement (under age 65), when eligibility conditions are met, the Board will continue to provide the group term life insurance by paying 100% of the premium costs. The amount is based on the nearest $1,000 above the teacher's salary at the time of retirement. At age 65, or later, the Board will continue to provide and pay 100% of the costs of extended group term life insurance in accordance with the following table of coverage reductions:

                                                                                                          % of insurance coverage continued

            From and after 65th birthday and before 66th birthday                 75% of salary

            From and after 66th birthday and before 67th birthday                 50% of salary

            From 67th birthday                                                          25% of salary

 

7.2       Early Retirement Contributions to W.R.S.

            The District shall pay up to three (3) years of age penalties to the Wisconsin Retirement System to help offset penalties teachers may incur when they retire early. In order to be eligible, teachers shall meet the following age and service conditions.

 

7.2.1    Eligibility Conditions for Early Retirement

            Teachers who have taught at least fifteen (15) years in the District and have reached age sixty (60) or older.

            Teachers who do not meet the eligibility requirements set forth in this paragraph may request an exemption from the Board. The Board shall consider each request on an individual basis and shall not be required to approve the request.

 

7.2.2    Provisions for Payment

 

            1.   ­The District shall pay up to three (3) years of age penalty payments to the Wisconsin Retirement System to help offset penalties teachers may incur when they retire early. Payments will be made pursuant to the requirements of Wisconsin Statute 40.23 (2m)(g) and the administrative rules of the WRS as amended or recodified from time to time.

            2.   ­The benefits to be received by the retiree shall not exceed the benefits which would have been received by the retiree under the former Wisconsin Statute 40.02 (42) (f).

            3.   ­Letter of Agreement. The Board shall provide a letter of agreement specifying the amounts to be paid to WRS on behalf of the retiring teacher. Such letter shall bind the Board to make payment as specified. A copy of said letter shall be forwarded to the Association.

            4.   ­Death Benefit. In the event that the declared early retiree should die prior to payment of the benefits of this policy, the amount stated in the Letter of Agreement shall be paid to WRS.

 

7.3       Notice Provisions

            Teachers who plan to retire at the end of a school year shall provide written notice to the Assistant Superintendent, Human Resources no later than February 1st of that school year.

            In all cases of retirement, the Board shall issue a letter of agreement specifying the benefits to be provided by the District to the retiring teacher. A copy of said letter shall be forwarded to the Association.

 

 

8.0                                                       LEAVE OF ABSENCE        

 

8.1       Paid Leaves

            A teacher shall be granted paid leave according to the following schedule, either for teaching experience in the District or for total net teaching experience granted upon initial employment in the District.

                  1-5 years inclusive   -           10 days per years

                  6-9 years inclusive               -           12 days per years (Cumulative to 90 days)

                  Thereafter               -           15 days per years (Cumulative to 90 days)

            The days remaining after the maximum accumulation has been reached shall be made available to the teacher in the succeeding school year if the teacher uses more than fifteen (15) days of paid leave during the present school year. In no case shall more than ninety (90) days be accumulated in any school year.

            Part-time teachers who have a contract for 50% or more will be credited with 100% of their paid leave and will have a full day deducted for each day of usage. Par