COLLECTIVE BARGAINING AGREEMENT Between The …

[Pages:119]COLLECTIVE BARGAINING AGREEMENT

Between

The Broward Teachers UnionTechnical Support Professionals

(BTU-TSP)

and

The School Board of Broward County, Florida

2019-2020 2020-2021 School Year July 1, 2018 -- June 30, 2021 June 30, 2021 ? June 29, 2024

ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4

ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11

ARTICLE 12 ARTICLE 13 ARTICLE 14

ARTICLE 15

TABLE OF CONTENTS BTU-TSP CONTRACT

PREAMBLE

RECOGNITION

DEFINITIONS

MANAGEMENT RIGHTS Non-Discrimination

UNION RIGHTS

WORKING CONDITIONS

HEALTH & SAFETY

GRIEVANCE PROCEDURE

DUE PROCESS & CORRECTIVE ACTION

PERSONNEL FILE ACCESS & SECURITY

COMPENSATION Errors in Paycheck Mileage & Travel Reimbursement

INSURANCE

ASSIGNMENT & TRANSFER

LAYOFF AND RECALL Terminal Pay for Sick Leave

LEAVES Earned Annual Leave Legal Commitments Professional Leave/Special Grants Professional Leave without pay Leaves/Longer Workdays Temporary Duty Leave LOA Elected to Office Accrual Family Medical Leave Illness in Line of Duty Military Leave

ARTICLE 15

ARTICLE 16 ARTICLE 17 ARTICLE 18

ARTICLE 19 ARTICLE 20 APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H

TABLE OF CONTENTS BTU-TSP CONTRACT

LEAVES (CONTINUED) Hardship Leave Personal Reasons Leave Parental/Maternity Leave Sick Leave Continuing Insurance Coverage while on Leave Sick Leave Bank Donation of Sick Leave to Family Members

EMPLOYEE ASSISTANCE PROGRAM

PERFORMANCE PLANNING & APPRAISAL

MISCELLANEOUS Contracting Out Loss of Job Due to Reorganization Calendar Liability Protection Personal Vehicle Use New Job Descriptions

NO STRIKE/NO LOCKOUT

TERM OF AGREEMENT

SUPERVISORY UNIT

NON-SUPERVISORY UNIT

GRIEVANCE FORM

SALARY SCHEDULE

BTU-TSP JOB DESCRIPTIONS/JOB FAMILIES

REQUEST FOR HARDSHIP TRANSFER FORM

PERSONNEL DATA FORM

ORIENTATION & TRAINING GUIDELINES

ARTICLE ONE PREAMBLE

This Agreement entered into by The School Board of Broward County, FL hereinafter referred to as the "Board" or the "District" and the Broward Teachers Union-Technical Support Professionals Supervisory Unit and NonSupervisory Unit, hereinafter referred to as the BTU-TSP. This Agreement has as its purpose the promotion of harmonious relations between the Board and the BTU-TSP; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of wages, hours, and other terms and conditions of employment.

ART. 1-1

ARTICLE TWO RECOGNITION Exclusive Representation The Employer recognizes the rights granted to the BTU-TSP in this Agreement shall be granted to the BTU-TSP exclusively as the sole and exclusive bargaining agent in all matters establishing and pertaining to wages, hours, and other terms or conditions of employment for all full and part-time employees in the classifications included in the following certifications of the Public Employees Relations Commission (PERC), RC-99-028 and RC-2000-075. The classifications included in these certifications are listed in Appendices A & B. Any classifications added to either unit shall be added to the appendices as though originally included. The Employer will not negotiate with any other union or employee organization on matters pertaining to wages, hours and other terms or conditions of employment. Nor shall the employer permit dues deduction for another organization purporting to represent employees on these matters or negotiate with employees over wages, hours and other terms and conditions of employment.

ART. 2-1

ARTICLE THREE DEFINITIONS

"Assignment" ? The designation of an employee to a specific work location.

"Classification" ? The position assigned to a specific pay grade and recognized as part of the bargaining unit represented by BTU-TSP.

"Contract" ? That document which delineates the items and terms, which were mutually agreed to as the result of collective bargaining.

"Days" ? Days shall mean calendar days unless otherwise specified herein.

"Department" ? An operational unit within a division.

"Employee" ? All employees in the unit represented exclusively by the BTU-TSP.

"Fiscal Year" ? July 1 of one year through June 30 of the following year, which corresponds to the school year.

"Immediate Supervisor/Supervisor" ? The individual having immediate supervisory authority to evaluate and issue corrective action to the unit employee(s) and who may or may not be a member of the bargaining unit.

"Job Description" ? The approved, written document describing the duties, responsibilities and qualifications of the job.

"Parties" ? The School Board of Broward County, Florida, as employer, and the Broward Teachers Union-Technical Support Professionals, as the exclusive bargaining agent.

"PERC" ? The Public Employees Relations Commission created by Florida Statutes, Section 447.004.

"Professional Employee" ? Any employee engaged in work in any two or more of the following categories:

1. Work predominately intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work;

2. Work involving the consistent exercise of discretion and judgment in the performance;

ART. 3-1

3. Work of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and

4. Work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education, an apprenticeship, or training in the performance of routine mental or physical processes.

"Reorganization" ? A change in the reporting structure for supervision of classifications represented by the Broward Teachers Union-Technical Support Professionals.

"School Board" ? The School Board of Broward County, Florida, the duly elected board established under the Florida Constitution, Article IX, Section 4 and Florida Statutes, Section 230.03 (2). The School Board may be referred to herein as either the "District" or the "Board".

"School Board Policies" ? The body of policies and rules adopted by the School Board of Broward County, Florida.

"Seniority" ? Seniority shall be based upon an employee's date of hire. Service shall not be deemed to be interrupted by any paid leave approved pursuant to this Agreement or approved unpaid leave taken pursuant to state and/or federal guidelines. (i.e. Family Medical Leave Act or Military Leave Act.) Seniority shall cease upon the termination of employment. Seniority shall be frozen at the years of service attained at the beginning of an approved unpaid leave of absence. Such seniority shall resume from the point at which it was frozen when the employee returns to their former status as a paid employee.

"Union" ? The Broward Teachers Union-Technical Support Professionals, as the exclusive bargaining agent representing members of the bargaining unit.

"Workday" ? The period of time each day that an employee is to be present and performing assigned duties as designated by management.

ART. 3-2

ARTICLE FOUR MANAGEMENT RIGHTS

A. It is understood and agreed that the District possesses the right and responsibility to operate and manage all schools, departments and programs and to direct the workforce.

The rights, powers, authority, and discretion necessary for the District to carry out these rights and responsibilities shall be limited only by the express terms of this Agreement and shall be exercised in a manner consistent with this Agreement and Florida Statutes. In matters not covered by this Agreement, the District shall have the clear right to make administrative decisions.

B. Consistent with this Agreement, these management rights shall include, but not be limited, to the following:

1. Determine the purpose and mission of the Broward County School system and the departments and agencies under its jurisdiction.

2. Set standards of service to be offered to the public.

3. Exercise control and discretion over its organization and establish employee job descriptions.

4. Direct its employees and establish standards of performance and conduct, including the right to make reasonable rules and regulations for the purpose of efficiency, safe practices and issuance of corrective action.

5. Take corrective action for just cause.

6. Relieve employees from duty because of lack of work, lack of funds, or for other legitimate reasons.

7. Hire, promote, transfer or assign employees.

8. Schedule overtime work.

9. Contract out (subcontract) for services.

10. Introduce new, improved or different methods and techniques of operation or work procedure.

ART. 4-1

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