2.1 Employer Rights
Except as specifically restricted by the express language of this Agreement, the Employer retains the right to manage the school district and direct the working forces in the manner it determines to be in the best interests of the School District.
The Association and the Employer recognize the importance of communications in maintaining good relationships and agree to meet for the purpose of discussing mutual problems. Meetings shall be held at the request of either party upon reasonable written notice stating the item or items to be discussed at such meeting.
The Superintendent or his designee will represent the Employer, and he may designate other members of the administrative staff to attend meetings scheduled under this Section; provided, however, no more than three (3) representatives of the Employer shall attend such meetings.
The Association will designate no more than three (3) representatives to attend such meetings and will notify the employer’s representative in writing of their selection.
2.3 Comments on Changes in Board Policies and Waiver Requests
The Superintendent or his designee will invite the Association to submit its views in writing with respect to any waiver of the State Board of Education Rules or waiver of School Code mandates or to any change in the Board of Education’s Policies Manual, including educational policies therein, which the Superintendent intends to recommend to the Employer Board for Board action, which affects the working conditions of Employees covered by this Agreement prior to recommending such change and will consider such views in formulating his recommendation for the Board’s position.
2.4 Discrimination Against Employees
The Association and the Employer agree that they will not practice discrimination or discriminate against any Employee because of race, color, religion, creed, national origin, gender, sexual orientation, age, marital status, military status or unfavorable military discharge, physical or mental disability if otherwise able to perform the essential functions of the job with reasonable accommodation.
If a claim of unlawful discrimination is processed to arbitration, the Association agrees to be bound by the result thereof.
2.5 Association Membership and Activity
Employees shall have the right to organize, join, and assist the Association, to participate in professional negotiations with the Employer as provided in this Agreement through representatives of their own choosing, and to engage in other activities for the purpose of establishing, maintaining, protecting, or improving conditions of professional service and the educational program; provided, however, nothing herein shall be construed as sanctioning any action which is inconsistent with the terms of this Agreement. Neither the Employer nor the Association will discriminate on the basis of Association membership, lawful Association activity or refusing to engage in such activity, participation in negotiations, or the adjustment of grievances.
The Association and the Employer agree that Union membership is entirely a matter of the Employee’s free choice and determination.
Employees shall not solicit membership in the Association or carry on any Association activity during pupil contact time except as specifically provided by this agreement.
2.6 Request for Information
The Employer shall make available to the Association, upon its written request, information, statistics, and records which are relevant to negotiations or necessary for the enforcement of the terms of this Agreement. Nothing herein shall be construed so as to require the Employer to prepare, assemble, or compute any information for the Association.
The Employer shall make every reasonable effort to furnish to the President of the Association, at least twenty-four (24) hours prior to each Board of Education meeting, a copy of the agenda and such other information given to the news media for said meeting. The Association and Employees waive their rights to grieve under Article 4 of this Agreement any failure by the Employer to comply with the time limitation for delivery of such material specified in paragraph 2.6.1.
On or before November 1 of each school year, the Employer will furnish to the Association a listing of the names and addresses of Employees in the negotiating unit. Names and addresses of newly-hired Employees shall be provided to the Association within fifteen (15) days after the date of approved employment by the Employer.
Two (2) copies of all approved regular and special Board Minutes shall be mailed or placed in the mail box of the Association President as soon as they are prepared and approved by the Employer Board.
2.7 Use of Employer’s Facilities
The Employer agrees that the Association may use the facilities and equipment listed in this Section for lawful Association activities provided such use does not interfere with the regular school operation. The use of such facilities shall be subject to all rules, conditions, and policies governing the use of such facilities. When applicable, the Association shall pay the regular charge for use of such facilities.
Upon approval of an Application and Permit for Use of School Properties, the Association shall have the right to schedule Association meetings and activities on school property in accord with the conditions specified in Section 2.7.
The Association shall be permitted to post notices of meetings and other pertinent information regarding lawful Association activities on bulletin boards provided by the Employer. There shall be one (1) bulletin board at each elementary school, two (2) bulletin boards at Bloomington Junior High School, and two (2) bulletin boards at Bloomington High School. The bulletin board space allocated shall be identified with the name of the Association and only the representative of the Association shall have authority to post or remove material from the bulletin board.
The Association shall be permitted to use the School District delivery service (including fax machines and District E-mail) for communications to Employees within a school building and system-wide; provided, however, political campaign materials so distributed shall be enclosed in separate envelopes. A mailbox, in the main office of each building shall be provided for BEA use. A copy of all materials sent by such delivery service within a school building shall be given to the building principal at the time of distribution. A copy of all materials sent through such delivery service to two (2) or more school buildings shall be sent to the Superintendent or his designated representative within twenty-four (24) hours after distribution of such material to Employees.
The Association shall be permitted to use the building intercom system before and after school and no more than once a day during regular school announcements to announce meetings or election reminders.
2.8 Discussion of Association’s Views
Both parties to this Agreement agree that the Association’s views relating to Employer and/or Employee or administrator and/or Employee relationships shall not be discussed in the presence of students.
2.9 Right to be Represented by the Association
The Employer understands that it may be desirable for an Employee to be represented by the Association at some meetings scheduled by the Employer.
If the Employer is pursuing a matter involving an Employee, a representative of the Employer may discuss the matter with such Employee without a representative of the Association being present; provided, however, such Employee may request in writing that a representative of the Association be present at any such discussion and the Employer’s representative shall approve or deny such request in writing and send a copy of such request and approval or denial to the Superintendent of Schools. However, it is understood and agreed that a meeting to discuss a pending or potential disciplinary matter will be held prior to issuing any written disciplinary action, and prior to scheduling such meeting the Employee will be given written notice as to the nature of the meeting and informed of his right to be represented by the Association at such meeting.
A copy of any written disciplinary action shall not be placed in the Employee’s personnel file without first giving the Employee a copy of the written disciplinary action and the opportunity to place a written response to such disciplinary action in his personnel file.
Section 2.9 does not apply at any meeting held under the provisions of paragraph 7.1 and Article 8 of this Agreement.
2.10 Review of Personnel File
At the mutual convenience of the Employee and the Superintendent or his designee, an Employee shall have access to their personnel file. At the Employee’s request a representative of the Association may accompany the Employee in such review. There shall be one personnel file for each Employee which shall contain all records and information except confidential material. The term “confidential material” refers to confidential placement credentials from a college or university, personal references, reference checks with a prior employer authorized by and with the knowledge of the Employee, and any material protected from disclosure pursuant to Public Act 83-1104.
2.11 Cost of Providing Copies of this Agreement
The cost of printing a sufficient number of copies of this Agreement will be shared equally by the Association and the Employer.
2.12 Rules and Regulations
The Employer agrees that its rules and regulations covering Employee conduct shall be reasonable, and enforcement of said rules and regulations shall be reasonable and equitable.
Employees shall be entitled to full rights of citizenship not inconsistent with the terms of this Agreement, and the exercise of those rights shall not be the grounds for any disciplinary or discriminatory action against any Employee.
2.14 Terms of Agreement
The term of this Agreement or any succeeding Agreement shall be controlling in the event of any conflict between this Agreement and an individual Employee contract.
2.15 Presentations to the Employer
The Employer shall place on the agenda of each regular Board meeting under “new business” any matter the Association desires to present to the Board so long as a written request to present such matter is submitted to the Superintendent at least twenty-four (24) hours prior to the regular meeting; provided, (a) the Association shall attach to such written request to the Superintendent a written statement of the matter the Association desires to present to the Board; (b) if no action is to be taken on said matter during this meeting, the Board may defer the presentation of such matter until the next regular Board meeting; and (c) no matter shall be presented to the Board under this Section which constitutes a grievance under Article 4 of this Agreement.
2.16 Outside Contracting
The District retains the right to subcontract work in the manner it has done so prior to this Agreement.
2.17 School Calendar
The Superintendent or his designee will invite the Association to submit its views and comments on a proposed calendar for the next school term prior to preparing the calendar and will consider such views and comments in formulating the recommendations for the Employer’s decision; provided, however, the starting date for such next school term and the starting, ending, and length of the winter and spring vacation during such next school term shall be determined by negotiations between the Employer and the Association which shall commence no later than January 1 of the then current school term. If no agreement is reached on such matter by February 15 of such current school term, the Employer may establish its proposed calendar as last offered to the Association.
Such calendar shall not provide that school shall commence prior to August 15 of the year in which the school term commences, or end later than June 15 of the year in which such school term ends.
Such calendar shall provide a maximum of one hundred eighty-six (186) workdays, unless the law of the State of Illinois in effect at such times requires the Employer to provide a greater number of workdays for such school terms, in which event the workdays shall be increased to such greater number. Nothing in this Agreement shall be construed to prevent the Employer’s extending the school term beyond the closing date provided in the school calendar if such extension of the school term is necessary to provide the minimum number of pupil attendance days required by Illinois law, provided the Employees are paid for such additional workdays on the basis of their regular contracts. Nothing contained in this provision shall be construed as a guarantee of days of employment for Employees represented by the Association.
If five (5) emergency days are included in the school calendar for such school term, and such days or any portion thereof are not used for emergencies, they shall not become Employee workdays.
2.18 Association Dues
The Employer shall deduct from the pay of each Employee all current membership dues of the Association, including the Illinois Education Association and the National Education Association, provided that at the time of such deduction there is in the possession of the Employer a current written authorization for dues deduction, executed by the Employee, in the form and according to the terms of the authorization card. Such authorization card shall specify the amount of dues to be deducted from each Employee’s salary for the current school year. Such authorization cards, in a form approved in advance by the Employer, shall be furnished by the Association.
An Employee employed on or before the start of the school term may authorize dues deduction by presenting an authorization card with the annual amount of deduction specified to the Employer on or before October 1. The amount specified will be prorated and deducted from the semi-monthly paychecks, starting October 31 and ending June 30.
Any Employee employed after the start of the school term may authorize dues deduction by presenting an authorization card to the Employer within thirty (30) days after the date of employment. The combined annual membership dues will be prorated and deducted from the remaining semi-monthly paychecks to complete payment by June 30.
An Employee may authorize dues deduction for part-year membership dues by presenting an authorization card with the amount of deduction specified to the Employer on or before February 1. The amount specified will be prorated and deducted from the semi-monthly paycheck, starting March 1 and ending June 30.
It is understood that any authorization for dues deduction shall be voluntary on the part of the Employee and may be revoked upon written notice to the Employer. Such authorization shall not be revocable for a period which is the lesser of one (1) year or the remainder of the term of this Agreement. If an Employee resigns from the employment of the Employer prior to termination of the effective period of the then current authorization, the Employer shall deduct the unpaid portion of such authorization from the Employee’s final paycheck.
All dues deducted by the Employer shall be remitted to the treasurer of the Association within ten (10) days from the date the dues are withheld from the Employee’s semi-monthly paychecks who have authorized such deductions in accordance with Section 2.18.
The Association shall indemnify and save harmless the Employer from any and all claims, demands, suits, and costs incurred in connection with any such claim, demand, or suit resulting from any action taken or omitted by the Employer for the purpose of complying with the provisions of this Section.
2.19 Association Representation on Committees
The President of the Association shall have the right to add one (1) designated Association representative of his choice to any District or Building Committee on which bargaining unit members are participants.