CONTENIDO DE LA DECLARACIÓN DE INCIDENCIA AMBIENTAL

A. Position Elimination

(1) If the Board is contemplating the elimination of any bargaining unit position, it (or its designee) will notify the Association. The Board (or its designee) will meet and consult with the

Association upon request prior to a decision to eliminate any bargaining unit positions.

(2) A decision by the Board to eliminate any bargaining unit position shall not be subject to the grievance procedure or arbitration.

(3) In the event that the Board decides to eliminate any bargaining unit position, it shall give the Association prompt written notice of the positions to be eliminated.

B. Selection of Employees for Layoff

(1) Except in the case of probationary teachers who are not reemployed for the following school year, the selection of the employee(s) to be terminated as a result of the elimination of any bargaining unit position(s) shall be made in accordance with the following terms:

(a) Within each affected impact area, employees shall be laid off in inverse order of seniority except as modified hereinafter.

1. The least senior employee(s) in an impact area may be retained and the next senior employee(s) laid off when the teachers remaining in an impact area are not

qualified on the basis of current certification, experience, or training to provide the programs to be retained in the impact area. Performance evaluations shall not be used as a factor in determining the employee to be laid off until the district has adopted its Performance Evaluation and Professional Grown System as provided in subsection 2 below.

2. Beginning in the 2014-2015 school year, upon adoption of a Performance Evaluation and Professional Growth System as contemplated under Chapter 508 of Title 20-A MRSA, any employee receiving an “ineffective rating” from his/her most recent evaluation shall be considered for layoff first.

(b) The following 26 impact areas will be used:

23 1. Grades K-5 (1)

2. Grades 6-8 (1)

3. 9-12: (7) Math, Social Studies, English, Business Education, Science, Co-op Education, Technology/Industrial Education.

4. K-12: Foreign Language, Library Media , Art, Music, Physical Education, Health, Gifted/Talented, Title 1, Computer Studies, Guidance, Drama, Alt. Ed., RTI (K-12)*, and Special Education as follows: Speech Therapy, Other special education positions grade K-8, Other special education positions grade 7-12; Nurses (K-12).

*Note: An employee who has transferred to a position in the RTI impact area shall also be listed in the prior impact area from which he/she was transferred.

Impact areas will be reviewed annually by September 15th, to assure relevance to current situations, as they may change.

(c) Seniority shall be based on continuous employment in RSU No. 21 and its predecessors (MSAD No. 71 and Arundel School Department) as an employee covered by this agreement. When two or more employees have the same length of continuous

employment in RSU No. 21, the following criteria shall be used to determine seniority:

1. actual date of hire, as reflected in School Board approval minutes of nomination;

then

2. years of experience in employee’s impact area; then 3. total years of teaching experience.

4. actual date of starting work 5. Superintendent’s designation

(d) Periods while an employee is either on an approved leave of absence, or on layoff subject to recall as described below shall not be considered a break in continuous employment in RSU No. 21 and shall be counted in the computation of seniority.

(e) Part-time employees

Part-time teachers shall be selected for lay-off by seniority prior to consideration of a full-time teacher unless retention of the part-full-time teacher is necessary to support the

remaining programs offered.

Adjustments to part-time schedules do not constitute a reduction in force subject to this Article but rather are understood to be necessary for the scheduling needs at a particular level or in a particular discipline.

(f) In any arbitration properly invoked in connection with this Article, the arbitrator's

authority shall be limited to determining whether or not the Board has applied the criteria for selection set forth above in an arbitrary and capricious manner.

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(g) It is understood that this Article relates only to termination of employees’ contracts resulting from elimination of positions and does not relate to or affect the Board's statutory authority to dismiss employees or not to renew employees’ contracts.

(2) Employees whose assignments include more than one impact area shall be considered to be in that impact area which encompasses the major portion (more than 50%) of the employee’s assignments during the year in which the reduction in force occurs. If the major portion of an employee’s assignments are not in any one impact area, all assignments over the past three years shall be reviewed to determine the impact area.

C. Seniority List Preparation

(1) The Superintendent shall annually provide the Association and post in all designated teachers' rooms a seniority list by fourteen (14) days from the execution of this Agreement and then by September 30^th of each school year thereafter. All employees shall be listed in the impact area reflecting their current assignment, in descending order of seniority. The list shall show each employee’s name; date when the employee’s continuous employment in RSU No. 21 began; and, if relevant to determination of seniority order, the employee’s total employment experience in the employee’s impact area. Employees whose current assignment is in more than one impact area will be listed in the impact area in which they spend the major portion of their school day.

(2) Any disagreement with the list must be reported by the Association to the Superintendent (or if by an employee, to the Association and the Superintendent) within ten (10) days after delivery of the list to the Association and posting. Otherwise, the list shall be deemed to be accurate. Any changes to the list, other than those changes resulting from the disposition of disagreements reported during this ten (10) day review period, will be made only by mutual agreement of the Superintendent and the Association.

D. Rights Upon Layoff

(1) Notice: An employee who is to be laid off shall receive at least ninety (90) calendar days' notice of layoff in writing. A copy of the notice of layoff shall be simultaneously sent to the

Association.

(2) Benefits:

(a) An employee who is notified that he/she is to be laid off shall be granted up to two (2) days leave with pay, upon request to and approval by the Superintendent, for the purpose of seeking alternate employment.

(b) Employees who have been laid off may participate at their own expense, in the District's group health insurance plan for such period as is permitted under the insurance contract, not to exceed two (2) years from the effective date of layoff.

(3) Recall (IP only):

(a) A teacher with a continuing contract who is laid off shall be eligible for consideration for recall for two (2) years from the effective date of the teacher's layoff, or until they have either refused an offer of a position of an equivalent amount of time from the Board or have signed a contract elsewhere for a position of an equivalent amount of time.

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Equivalent time in this paragraph refers to the time of the position from which the teacher was reduced. It is the responsibility of the teacher to inform the Superintendent, in writing, of changes in job status and to furnish the Superintendent with a current mailing address.

(b) The Board (or its designee) shall mail to the Association and to each teacher who is eligible for recall consideration a list of all existing and anticipated teaching vacancies as soon as each opening is known.

(c) Teachers who wish to be considered for such a vacancy shall inform the Superintendent within ten (10) days of the notification letter of their interest in the available position(s).

A teacher eligible for recall consideration shall retain the right to reemployment in any available position within the teacher's impact area for which the teacher is qualified (by certification, experience, and training) and interested, prior to the employment of new hires. Where more than one teacher who is eligible for recall consideration is qualified for and interested in recall to a position, recall shall occur in order of seniority. If a teacher is offered reemployment in accordance with these terms and refuses, a teacher shall forfeit further eligibility for recall consideration.

(d) All benefits to which a teacher was entitled at the time of layoff including accumulated sick leave, seniority status, and sabbatical eligibility, shall be restored upon return to active employment unless current contract stipulates otherwise.

ARTICLE XI MISCELLANEOUS A. Policies

All provisions contained in the Policies of RSU No. 21, and as they may be amended, are accepted, approved, and endorsed.

B. Fiscal Responsibilities

(1) The Association acknowledges that fiscal provisions approved jointly by the Board and the Association as a part of this Agreement can be executed only to the extent to which monies are appropriated to cover such provisions and, further, that failure on the part of the Board to meet these provisions because of the lack of sufficient resources shall not be raised as a grievance and shall not result in any other action.

(2) The Board acknowledges its responsibility to request sufficient monies to cover all provisions which have been included as a part of this Agreement.

(3) The Board and the Association recognize their responsibility jointly and actively to support such requests.

C. Normal Operation of Schools

(1) During the term of this Agreement, teachers and the Association, its officers, agents and members, will not cause, sponsor, encourage, or engage in any action that might interfere with

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the normal operation of schools by the Board including, without limitations, any strikes, slowdowns, sanctions, or professional alerts (so- called); and

(2) Will not cause, sponsor, encourage, or request any such action by others.

(3) If any such action by others occurs, the Association will promptly and publicly request such other parties to cease such action immediately.

D. Codes of Ethics

All IP shall comply with the National Education Association Code of Ethics. All nurses shall comply with the National Association of School Nurses Code of Ethics.

E. All terms and conditions of employment applicable on the effective date of this Agreement, to employees covered by this Agreement as established by the rules, regulations and/or policies of the Board, and in force on said date, shall continue to be so applicable during the term of this Agreement unless otherwise provided in this Agreement.

F. The Board agrees not to negotiate concerning said employees in the Association with any organization other than the Association for the duration of this Agreement.

G. Neither party to this contract shall be required by the other to re-negotiate any of its terms, or to negotiate any other matter pertinent to this contract which is not presently covered by this Agreement.

Amendments to this contract, agreeable to both parties, shall be effected by "Letter of Amendment" in writing, duly executed by both parties.

H. The parties acknowledge that the athletic and non-athletic stipends determined herein shall apply only to members of this bargaining unit. Stipends for the district’s hourly employees must be compensated in accordance with the Fair Labor Standards Act.

ARTICLE XII CONFLICT

If any provision of this Agreement or any application thereof to any teacher or group of teachers is found contrary to law, then such provision or application will be valid and subsisting only to the extent permitted by law. All other provisions or applications will continue in full force and effect.

ARTICLE XIII

AMENDMENT PROCEDURE

A. Representatives of the Board's and of the Association's negotiating committees shall meet at the request of either party for the purpose of reviewing the administration of the Agreement, and to resolve

problems that may arise. These meetings are not intended to bypass the grievance procedure as is set forth in Article IX.

B. Each party shall submit to the Superintendent, at least ten (10) days prior to the meeting, a list of items covering matters it wishes to discuss. The Superintendent shall submit a copy of each list to each party

28 APPENDIX I

Instructional Personnel Salary Scale

2012 - 2013 Instructional Personnel Salary Scale

Level BA MA DOC

0 $ 34,138 $ 37,552 $ 40,966 1 $ 35,845 $ 39,259 $ 42,673 2 $ 37,552 $ 40,966 $ 44,380 3 $ 39,259 $ 42,673 $ 46,087 4 $ 40,966 $ 44,380 $ 47,794 5 $ 42,673 $ 46,087 $ 49,501 6 $ 44,380 $ 47,794 $ 51,208 7 $ 46,087 $ 49,501 $ 52,915 8 $ 47,794 $ 51,208 $ 54,622 9 $ 49,501 $ 52,915 $ 56,329 10 $ 51,208 $ 54,622 $ 58,036 11 $ 52,915 $ 56,329 $ 59,743 12 $ 54,622 $ 58,036 $ 61,450

LONGEVITY

After 14 years experience with the last five years in RSU 21

$ 56,424 $ 59,951 $ 63,478

After 17 years experience with the last five years in RSU 21

$ 58,286 $ 61,929 $ 65,573

After 21 years experience with the last five years in RSU 21

$ 60,210 $ 63,973 $ 67,737

After 24 years experience with the last five years in RSU 21

$ 62,197 $ 66,084 $ 69,972

After 29 years experience with the last five years in RSU 21

$ 64,250 $ 68,265 $ 72,281

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2013 - 2014 Instructional Personnel Salary Scale

Level BA MA DOC

0 $ 34,650 $ 38,116 $ 41,582 1 $ 36,383 $ 39,849 $ 43,315 2 $ 38,116 $ 41,582 $ 45,048 3 $ 39,849 $ 43,315 $ 46,781 4 $ 41,582 $ 45,048 $ 48,514 5 $ 43,315 $ 46,781 $ 50,247 6 $ 45,048 $ 48,514 $ 51,980 7 $ 46,781 $ 50,247 $ 53,713 8 $ 48,514 $ 51,980 $ 55,446 9 $ 50,247 $ 53,713 $ 57,179 10 $ 51,980 $ 55,446 $ 58,912 11 $ 53,713 $ 57,179 $ 60,645 12 $ 55,446 $ 58,912 $ 62,378

LONGEVITY

After 14 years experience with the last five years in RSU 21

$ 57,275 $ 60,856 $ 64,436

After 17 years experience with the last five years in RSU 21

$ 59,165 $ 62,864 $ 66,563

After 21 years experience with the last five years in RSU 21

$ 61,118 $ 64,938 $ 68,759

After 24 years experience with the last five years in RSU 21

$ 63,135 $ 67,081 $ 71,029

After 29 years experience with the last five years in RSU 21

$ 65,218 $ 69,295 $ 73,372

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2014 - 2015 Instructional Personnel Salary Scale

Level BA MA DOC

0 $ 35,343 $ 38,877 $ 42,411 1 $ 37,110 $ 40,644 $ 44,178 2 $ 38,877 $ 42,411 $ 45,945 3 $ 40,644 $ 44,178 $ 47,712 4 $ 42,411 $ 45,945 $ 49,479 5 $ 44,178 $ 47,712 $ 51,246 6 $ 45,945 $ 49,479 $ 53,013 7 $ 47,712 $ 51,246 $ 54,780 8 $ 49,479 $ 53,013 $ 56,547 9 $ 51,246 $ 54,780 $ 58,314 10 $ 53,013 $ 56,547 $ 60,081 11 $ 54,780 $ 58,314 $ 61,848 12 $ 56,547 $ 60,081 $ 63,615

LONGEVITY

After 14 years experience with the last five years in RSU 21

$ 58,413 $ 62,064 $ 65,714

After 17 years experience with the last five years in RSU 21

$ 60,341 $ 64,112 $ 67,883

After 21 years experience with the last five years in RSU 21

$ 62,332 $ 66,228 $ 70,123

After 24 years experience with the last five years in RSU 21

$ 64,389 $ 68,413 $ 72,437

After 29 years experience with the last five years in RSU 21

$ 66,514 $ 70,671 $ 74,828

31 APPENDIX IA

NURSE’S SALARY SCHEDULE

2012 - 2013 2013 - 2014

Step Experience Salary Step Experience Salary

1 0 - 1 $ 30,518 1 0 - 1 $ 30,976

2 2 - 3 $ 34,119 2 2 - 3 $ 34,631

3 4 - 6 $ 37,720 3 4 - 6 $ 38,286

4 7 - 9 $ 41,321 4 7 - 9 $ 41,941

5 10 - 12 $ 44,922 5 10 - 12 $ 45,596 6 13 - 15 $ 48,523 6 13 - 15 $ 49,251 7 16 - 18 $ 52,124 7 16 - 18 $ 52,906

8 19+ $ 55,725 8 19+ $ 56,561

2014 - 2015

Step Experience Salary 1 0 - 1 $ 31,596 2 2 - 3 $ 35,324 3 4 - 6 $ 39,052 4 7 - 9 $ 42,780 5 10 - 12 $ 46,508 6 13 - 15 $ 50,236 7 16 - 18 $ 53,964 8 19+ $ 57,692

32 APPENDIX II

CAREER LADDER EXHIBIT A. Stipends

ADVANCED PROFESSIONAL CAREER LEVEL

$3,000 $4,000

B. Evaluative Criteria

(1) Candidates for Career Ladder must attain a rating of “Distinguished” in 6 or more of the performance indicators and no ratings below “Proficiency”, in addition to fulfilling the other requirements of the Career Ladder Process.

(2) Career Ladder Teachers must maintain a rating of “Distinguished” in 6 or more of the performance indicators and no ratings below “Proficiency.”

(3) Career Ladder Teachers who fail to maintain this level of performance have one year in which to reestablish a rating of “Distinguished” in 6 or more of the performance indicators and no ratings below ‘Proficiency.’

(4) Evaluation of Career Ladder Teachers, both Advanced Professionals and Career Level, will take place as scheduled by the Superintendent except for cases where a teacher fails to maintain the required level of performance. In these cases,

evaluation is required during the next academic year.

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APPENDIX III - ATHLETIC AND CO-CURRICULAR STIPENDS

In document Departamento de Obras Públicas, Transportes y Comunicaciones (página 186-190)