Procedural Agreement

Duration

Any changes or modifications to this negotiated contract must be mutually agreed upon by the Association and Board. All terms and conditions of this contract shall remain in full force and effect until changes are negotiated by both parties.

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President of Claremore Board of Education Date

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Superintendent of Claremore Schools Date

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President of Claremore Classroom Teacher Association Date

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Member of CCTA Negotiating Team Date

2019, 2018, 1983, 1982, 1981, 1976

D-2

Continuing Negotiations

Negotiations will be held at scheduled meeting times agreed upon by the CCTA Negotiations Team and the Superintendent.

2018, 2007, 2004, 2003, 2002, 2001, 1999, 1998, 1983

P-1

Procedural Agreement

PURPOSE

The Procedural agreement between the Board of Education of Claremore School District No. 1, hereinafter called the Board, and the Claremore Classroom Teachers’ Association, hereinafter called the CCTA, is to establish procedures to strengthen methods of administrating employer-employee relations through the establishment of an orderly process of communications between the school employees and the school district. The Board and CCTA do hereby agree that all negotiations will be done in good faith and on wages, hours, fringe benefits and other terms and conditions of employment.

STATEMENT OF RECOGNITION
The CCTA shall be exclusive representative of all employees of the Claremore Public Schools required by position to be licensed or certified as teachers, or entry year teachers and other certified staff who do not hold supervisory authority with respect to other teachers in the district in accordance with Oklahoma Statues (70-509-2)

RULES AND POLICIES
All meetings will be closed except to members of the negotiation teams and their invited guests; invited guests will number no more than one for each team at any given meeting. The negotiations team shall consist of representatives from elementary and secondary schools.

All meetings will be held in a mutually accepted place, which will be chosen and arranged by both spokespersons.

The Board and the CCTA will make available to the other side any information either deem necessary to conclude negotiations.

This procedural agreement shall remain in effect until such time either party may wish to reach a new agreement, provided that any changes in the agreement shall be prepared and made effective between the commencement of fall school term and September 1 of a given school year. Any changes shall be prepared and presented to the faculty at the back to school convocation.

Nothing in the agreement shall be interpreted as a denial of the rights of any member of the CCTA to appear before the Board or the administration on his or her own behalf.

NEGOTIATIONS PROCEDURES
The Board and the CCTA shall each designate a spokesperson who will be responsible for establishing the time, place and agenda for meetings and speaking for their representative sides at said meetings. The CCTA must present all items of negotiation at the first meeting of the teams.

Teams shall work in good faith in order to complete the final negotiation package by the first student day of school. Pre-negotiation meetings shall occur prior to June 15. Negotiations with the Superintendent or Superintendent's designee shall be presented to membership for ratification no later than September 1.

If negotiations are not successfully concluded by the first student day of school, impasse shall exist. The parties may mutually agree to extend impasse deadlines. At any earlier time, either party may declare impasse.

In the event an impasse on unresolved items of the negotiations package develops, a neutral mediator will be selected by both sides. If this does not resolve the impasse, the procedure shall be followed as outlined by state law.

Only the negotiations package agreed upon by both teams shall be recorded. These items shall be signed by both teams and presented to the Board and CCTA within forty (40) days.

2018, 1993, 1982

P-2,3

Grievance

The School Board shall provide a grievance procedure as agreed upon by the CCTA and the Board.

1975

GRIEVANCE PROCEDURE

PURPOSE
The purpose of this procedure is to secure, at the lowest level, equitable solutions to the problems which may from time to time arise affecting employees.

GRIEVANCE DEFINED
A grievance is a claim by an Association member or the Association that there is an alleged violation, misinterpretation, or misapplication of the negotiated agreement on any established Board policy, administrative procedure or practice, or individual contracts.

TIME LIMITS
Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as the maximum number of work days allowed, and every effort should be made to expedite the process. The time limits specified, however, may be altered by mutual agreement of the parties.

PROCEDURE

LEVEL 1

As soon as the employee becomes aware of an event which leads to a grievance, the employee or one designated member of a group having a grievance shall request that a meeting be held with the particular administrator involved. The purpose of this meeting shall be an attempt to resolve the matter informally. Persons proper to be present at this meeting shall include the particular administrator involved, the aggrieved teacher and/or teachers, and their representative.

If the grievance is not resolved by the particular administrator involved, it shall be reduced to writing, signed by the grievant, and submitted to the administrator within five (5) working days of the informal conference. The administrator shall give to the grievant his/her decision within five (5) school days after the grievance has been submitted to him or her, in written form, with his/her conclusion and reasons for such conclusion clearly written thereon.

LEVEL TWO (SUPERINTENDENT)

In the event the administrator’s written decision as set forth in Level One shall be unsatisfactory, the grievant shall appeal the grievance to the superintendent or superintendent's designee in writing within five (5) school days after the administrator's decision has been given in Level One. The superintendent or superintendent's designee shall schedule a meeting within five (5) school days with the aggrieved teacher, his/her representative, and the administrator involved, to discuss the appealed grievance. The superintendent or superintendent's designee shall submit to the grievant his or her decision in writing on the grievance form within five (5) school days after the meeting. The written decision of the superintendent must contain reasons for the conclusion.

LEVEL THREE
If the decision of the superintendent is not acceptable to the grievant, then the following will apply:

1. The parties shall request from the Federal Mediation and Conciliation Service Assignment agreement of a mediator at the earliest possible date.

2. The site and date for the grievance mediation shall be established by the parties involved.

3. No more than one day shall be established for the purpose of conducting grievance mediation.

4. The parties shall have the right to representation.

5. Any expenses resulting from the grievance mediation process shall be borne equally by the parties involved.

6. The mediator shall not be empowered to compel a settlement upon the parties.

The grievance mediation process shall terminate when the following conditions have been met:
1. The mediator determines that a settlement is not eminent.

2. Either party indicates their desire to disengage from mediation by serving written notices to the other party and to the bureau.

3. The parties reach an amicable settlement.

If a settlement is reached, the parties shall commit the agreement to writing, which shall be dated and signed by the parties and the mediator. The signed agreement shall be binding on the parties.

LEVEL FOUR (BOARD OF EDUCATION)

If mediation fails, the grievant shall have the rights to appeal to the Board of Education for a hearing of the case. Request for such a hearing must be made to the President of the Board in writing within five (5) school days after the decision has been submitted by the Superintendent to the grievant in Level Two of the Grievance Procedure. The President of the Board shall arrange a meeting of the Board of Education to hear the appealed grievance at the earliest possible date; however, the hearing with the Board of Education shall be scheduled to be held within ten (10) school days from the date the President receives the request for appeal hearing from the grievant.

The Board of Education shall submit its decision in writing to the grievant (s) with a copy to the President of the Association within five (5) school days following the closing of the appealed hearing and affix their signatures thereto.

EMPLOYEE RIGHTS

All parties to a grievance are assured of freedom from restraint, coercion, discrimination, or reprisal.

A grievant may be represented at all levels of the grievance procedure by himself/herself or at his/her option, by a designee of the Association

If the grievant is not represented by the Association, the Association shall have the right to be present.

All documents, communications, and the records dealing with the processing of a grievance shall be filed in a separate confidential file maintained by the Association and Board and shall be kept in the personnel file of any participants.

Failure at any level of this procedure for a grievant to be given a reply within the specified time limits shall mean the relief sought shall be implemented.

Failure at any level of this procedure to appeal grievance to the next level within the specified time limit shall be deemed to be acceptance of the decision at that level.

The grievant shall have the rights to bring any witness to grievance hearings who can provide testimony relevant to grievance.

When grievance proceedings are held during the regular workday, there will be no loss of pay for those teachers whose attendance may be required by the Board or Association.

Meetings held under this procedure shall be conducted at a time and place which will afford a fair and reasonable opportunity to attend for all persons proper to be present. During the summer months, time limits set forth shall be in terms of calendar days.

The Association recorder may also be present at any level of the procedure.

A grievance may be withdrawn by the grievant at any level without prejudice or record.

MISCELLANEOUS

The board will provide the Association with a copy of all grievances and written decisions at each level.

All written decisions shall set forth reasons supporting such decisions.

Format for the forms for filing grievance shall be submitted to the Board by the Association and the Board will prepare and distribute these forms to the Association so as to facilitate operation of the grievance procedure.

Information on grievance forms must be typewritten in order to provide legibility and ease in reproduction.

2018, 2000, 1993, 1982

P-4

Policy Notebook

Each teacher shall receive a copy of the rules and regulations of the Board of Education of the Claremore School District in the form of a loose-leaf notebook or an online electronic document.

A copy of all new or revised school policies will be made available to all teachers as such policy is established by the School Board. This will be posted on the Claremore Public Schools website and on the CCTA website.

2018, 1977

P-5

Savings Clause

If any article or part of an agreement which has been negotiated between the Association and the Board is held to be invalid by the operation of law or by any court of competent jurisdiction or if compliance with or enforcement of any article or part should be restrained by any such court or if any article or any part is judged by a court of law not to be within the powers or jurisdiction of the Board of Education, the remainder shall not be affected. The parties shall subsequently enter into negotiations in good faith for the purpose of arriving at a mutually satisfactory replacement for such article or part.

2018, 1982

P-6

Non-discrimination Clause

The Board and the Association shall not discriminate against any teacher on the basis of race, color, creed, age, sex, gender, gender expression or identity, sexual orientation, religion, national origin, political affiliation, domicile, marital status, physical handicap (if the handicap does not prevent the individual from performing necessary duties required by the position), pregnancy, veteran status, genetic information, or membership in an employee organization.

2019, 2018, 1982

P-7

Reduction in Force

In the event of a need to reduce the number of certified personnel because of a projected decrease in students, a loss of revenue from any source which necessitates a reduction of teaching services, a bona fide consolidation of the school district with one or more school districts, and/or changes in educational program or curriculum which necessitates a reduction in teaching services, the overall staffing needs of the district will be a consideration in establishing priorities. Each effort will be made to accomplish the necessary reduction by a combination of attrition transfer, and temporary contracts. When this is not possible the following guidelines will be followed:

a. If the board is contemplating the layoff of any teacher, it will notify the President of the Association at least sixty (60) days before the proposed effective date of the layoff, except in cases of bona fide emergency. Such notice will be in writing and will include the specific positions to be affected, the proposed time schedule, and the reasons for the proposed action. The Board or its representative will, if requested to do so, meet and confer with Association representatives regarding the need for, manner of implementation and impact of, and other aspects of the contemplated layoffs within five (5) days after the Association received the aforesaid notice. Any teacher who is to be laid off will be so notified in writing at least thirty (30) days before the effective date of lay off. Such notification will include the proposed time schedule and the reasons for the proposed action.

b. A teacher who is notified that he/she is to be laid off will have the right to displace the least senior teacher, who has less local tenure and whose work he/she is certified to perform. Written notice to exercise this right must be given to the Superintendent within ten (10) days after the receipt of notice that he/she is to be laid off. Within five (5) days he/she receives such notification, the Superintendent will notify the least senior teacher that he/she is to be displaced.

c. A teacher who is to be displaced pursuant to this section will have the same displacement rights vis-à-vis less senior teachers as a teacher who is laid off pursuant to the Reduction in Force.

d. For purposes of RIF, seniority will be computed from the first day as determined by the teaching contract in the Claremore School System. RIF will begin with the least senior teachers. Reduction in non-categorical support staff will be made before certificated personnel will be laid off.

Seniority will continue to accrue during all negotiated leaves of absence where seniority can accrue, and for a period of two (2) years from effective date of layoff. Seniority will not be broken by unpaid leaves of absences, other than those which have been negotiated, or employment by the Board in a position outside the negotiation unit, but such time will not be counted in computing seniority. When seniority is equal, the second priority will be certification; the third priority will be education and training.

e. The superintendent or designee will notify all displaced certified employees of any openings for which the person is credentialed in writing with signed annotation as soon as they are known by administration. Recall will be in reverse order of being laid off based on the same priorities as RIF .

f. Notice of recall will be given by certified mail, restricted delivery to the last known address given to the board by the teacher. A copy of the notice of recall will be mailed to the President of the Association. If a teacher fails to respond within ten (10) days after the date of attempted delivery of the above notice of recall, he/she will be deemed to have refused the position offered.

g. A teacher who is laid off will remain on the recall list for twenty-four (24) months after the effective date of the recall unless he/she:

1. waives his/her rights in writing;

2. resigns;

3. fails to accept recall to the position that he/she held immediately prior to his/her layoff or to a substantially equivalent position;

4. fails to return to work in a position that he/she accepted within ten (10) working days after receipt of recall unless such employee is sick or injured; or

5. has secured temporary employment elsewhere. He/she will be allowed two weeks additional time before being required to report to work.

h. While on layoff, a teacher will have the option to remain an active participant in the group health plan by the paying of the premiums.

i. All benefits to which a teacher was entitled at the time of his/her layoff, including accumulated sick leave and extended leave benefits, will be restored to him/her upon his/her return to active employment, and he/she will be placed on the proper step on the salary schedule for his/her current position according to his/her experience and education. A teacher will not receive increment credit for time spent on layoff nor will such time count toward the fulfillment of time required for acquiring tenure.

2018, 2001, 2000, 1983

P-8

Publication & Distribution Negotiated Master Contract

The district will provide access to the digital copy machine at the central administration building and supplies for reproduction of the contract on an annual basis, or the contract will be made digitally available to employees.

The association will provide a digital copy of the contract on the association's website. All employees shall have access to the contract.

The administration will be responsible for distribution to the school board members and other administrators

2018, 1993.

P-9

Association Access: Facilities, Inner-School Mail, Email

The Association shall be permitted to use school facilities for meetings after school hours.

The Association officers will be permitted to store the Association records in their respective classrooms.

The Association shall be permitted to use the inter-school mail to send information to its members.

The Association shall be permitted to distribute information related to the official business of the Association by placing it in the mailbox of individual members at each school.

The Association shall be permitted to use school e-mail to distribute information related to the official business of the Association to its members.

The association shall be permitted to display information on a bulletin board in the workroom of each school.

2018, 2001