THE DISTRICT SCHOOL BOARD OF MARION COUNTY, FLORIDA,

THE DISTRICT SCHOOL BOARD OF MARION COUNTY, FLORIDA,

and

THE MARION EDUCATION ASSOCIATION

TABLE OF CONTENTS

PAGE

Article 1.00 Recognition -- Parties to Contract

Section 1.10 Agreement ............................................................................. 04

Section 1.20 Recognition............................................................................ 05

Section 1.30 Bargaining Unit Composition................................................. 05

Article 2.00 Association Rights

Section 2.10 Dues Deduction..................................................................... .05

Section 2.20 Facilities and Information....................................................... 06

Section 2.30 Committees............................................................................ 07

Section 2.40 Bulletin Board Use................................................................ .09

Section 2.50 New Teacher Orientation..................................................... .09

Section 2.60 District Committees............................................................... 09

Section 2.70 Courier Service...................................................................... 10

Section 2.80 Association Leave.................................................................. 10

Article 3.00 Employer Rights

Section 3.10 Board Rights......................................................................... 10

Article 4.00 Grievance Procedure

Section 4.10 Definitions and Procedures................................................... 11

Article 5.00 Employment Conditions

Section 5.10 Physical Setting...................................................................... 14

Section 5.20 Employee Transfer................................................................. 16

Section 5.30 Terms of Workday.................................................................. 22 Section 5.40 Evaluation 23

Section 5.50 Employee Authority............................................................... 25

Section 5.70 Special Provision.................................................................... 28

Section 5.80 Provisions for Securing A Substitute..................................... 30

Section 5.90 Inclusion................................................................................. 32

Article 6.00 Layoff and Recall

Section 6.10 Definitions and Procedure...................................................... 32

Section 6.20 Special Provisions.................................................................. 38

Article 7.00 Leave of Absence

Section 7.10 Definitions and Limitations................................................... 39

Section 7.20 Sick Leave............................................................................. 39

Section 7.30 Personal Leave (Compensated)............................................ 40

Section 7.40 Personal Leave (Uncompensated)........................................ 41

Section 7.50 Parental Leave....................................................................... 41

Section 7.60 Military Leave....................................................................... 42

Section 7.70 Special Leave Provision........................................................ 43

Section 7.80 Sick Leave Bank................................................................... 44

Article 8.00 Compensation

Section 8.10 Salary Schedule..................................................................... 47

Section 8.20 Experience............................................................................. 49

Section 8.30 Insurance................................................................................ 52

Section 8.40 Retirement............................................................................. 53

Section 8.50 Holidays................................................................................. 55

Section 8.60 Supplement Schedule............................................................. 55

Section 8.70 Special Provisions.................................................................. 58

Article 9.00 Year-Round School

Section 9.10 Transfers to Traditional School............................................ 59

Section 9.20 Off-Track Teachers............................................................... 59

Section 9.50 Charter Schools .................................................................... 59

Article 10.00 Accountability

Section 10.10 School Committees................................................................ 60

Section 10.20 Contract Waivers................................................................... 60

Section 10.30 Out-placement........................................................................ 61

Section 10.40 Staff Surveys.......................................................................... 61

Article 11.00 Duration

Section 11.10 Term of Contract................................................................... 61

Section 11.20 Reopeners.............................................................................. 61

Section 11.30 Signatures 62

COLLECTIVE BARGAINING AGREEMENT

This Agreement made and entered into this 1st day of July 1, 2001 by and between THE DISTRICT SCHOOL BOARD OF MARION COUNTY, FLORIDA, hereinafter called the "Board" and THE MARION EDUCATION ASSOCIATION, hereinafter called the "Association."

WITNESSETH:

WHEREAS: the Board and the Association have engaged in collective bargaining with respect to the rate of pay, wages, hours and other terms and conditions of employment of the certified Bargaining Unit, and

WHEREAS, the parties desire to reduce their agreement with respect to such matters to writing,

THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows:

ARTICLE 1.00

RECOGNITION

Section 1.10 The Board hereby agrees that employees of the Board shall have the right to organize, join, and support the Association for the purpose of engaging in collective bargaining and other lawful activities for their mutual aid and protection. As a duly elected body exercising governmental power under color of law of the State of Florida, the Board undertakes and agrees that it will not deprive or coerce any employee in the enjoyment of any right conferred by this Agreement, it will not discriminate against any employee by reason of membership or nonmembership in the Association or in the institution of any grievance, complaint or proceeding under this Agreement.

Section 1.20 The Board hereby recognizes the Association as the exclusive bargaining representative of employees defined in the certification instrument (Case #8H-RA-754-1029: Certificate #15) ordered by the Florida Public Employees Relations Commission on the 28th day of March, 1975: Entered the 9th day of April, 1975 in Tallahassee, or as may be amended by the Public Employees Relations Commission in accordance with state statute.

Section 1.30 The Bargaining unit consists of all instructional employees of the Board (in the following identified positions), except as may be amended by the Public Employees Relations Commission in accordance with state statute: classroom teachers, including art teachers, music teachers, librarians and physical education teachers, speech teachers, teachers of mentally handicapped, teachers of the emotionally handicapped, teachers of the gifted, teachers of the hospitalized/homebound, teachers of the visually handicapped, and social workers; teachers under the Elementary and Secondary Education Act, Resource teachers, guidance counselors, occupational specialists; school psycho metrists; teachers who are grade level chairpersons; and teachers who are Department Heads, Area Coordinator, Adult Education; Vocational Administrative Assistant, and Florida Learning Resource System Consultants. The term "teacher," whenever used in this Agreement shall be deemed to mean employees of the Board who are identified by the above certification order regardless of job title or job description.

ARTICLE 2.00

ASSOCIATION RIGHTS

Section 2.10 Employees of the Board who are members of the bargaining unit for which the Association has been certified as bargaining representative and who elect to become members of the Association may execute and deliver to the Association an assignment authorizing payroll deduction of the Association's membership dues and uniform assessments for the transmittal to the Board subject to the conditions of this Agreement.

Section 2.11 An authorization for dues deduction pursuant to the provisions of Section 2.10 shall continue thereafter unless revoked by the employee. Revocation notice must take place at the UniServ Office on a Board-provided form available at the UniServ Office. Revocation notice may occur during the first ten (10) working days of any school semester. The employee will be responsible for delivering the form to the Board. Deductions will cease following receipt by the Board of revocation notice.

Section 2.12 The Association's right to payroll deduction, unless revoked pursuant to Florida Statute 447.507, shall be in force for so long as the Association remains the certified bargaining agent for the employees in the bargaining unit.

Section 2.13 No later than July 1 of each year, the Association shall certify to the Board the total amount of uniform dues and assessments for the period commencing July 1 and ending June 30 of each year, which is to be deducted from the salary of an employee authorizing such deduction pursuant to the provisions of Section 2.10

Section 2.14 The Board, pursuant to an employee=s authorization, pursuant to Section 2.10, will deduct from twenty (20) paychecks 1/20 of the amount certified by the Association, pursuant to Section 2.13, from the salary check of an employee. No deduction will be made with respect to an employee whose authorization, pursuant to Section 2.10, is received less than ten (10) working days prior to that employee's next regularly scheduled pay date, the dues deduction shall not commence until the following pay date.

Section 2.15 Association dues and uniform assessments deducted by the Board, pursuant to an employee's authorization under Section 2.10, shall be remitted to the Association on or before the 10th working day following such deduction.

Section 2.16 It is expressly understood and agreed that in the event of a conflict between the terms of this Agreement and any authorization for dues deduction submitted to the Board, the provisions of this Agreement shall prevail.

Section 2.17 The Association agrees that it will indemnify and hold the Board harmless from any claim or demand asserted by an employee against the Board by virtue of the Board's performance of the provisions of this Agreement.

Section 2.20 Upon prior approval of the building principal and Superintendent, the Business Agent for the Association shall be allowed to use school building facilities for Association meetings. Such meetings shall not cause interference with or interruption of a school service or function. When special services are required as a result of such use, the Association shall pay a reasonable charge.

Section 2.22 The Board agrees to furnish the Association copies of any information provided by the Superintendent to the members of the Board concerning the financial resources and financial condition of the school district including the school district budget, monthly and annual financial reports, information relative to members of the bargaining unit, pupil enrollment and attendance data, etc., provided that the Association has requested this material and agrees to reimburse the Board for reasonable charges for reproduction of this material.

Section 2.23 Faculty meetings conducted after the students have been dismissed may extend a time period of approximately ten (10) minutes to the building representative of the Association for the purpose of announcements and dissemination of Association news, provided that the extension of this time is requested by the building representative prior to the beginning of the faculty meeting. Faculty meetings conducted before the students arrive may be extended in the same manner and with the same provisions except that the time period may be shortened at the principal's discretion. When it is not possible for the principal to hold a monthly staff meeting with the entire faculty, the MEA Building Representative may request to hold an MEA meeting once a month during non-student contact time at the beginning or the end of the teacher work day. The time and place of the meeting shall be approved in advanced by the principal.

Section 2.30 SCHOOL COMMITTEES - The members of the bargaining unit in each school shall elect a School Committee. Such Committee, however, shall not have fewer than three (3) members, not more than seven (7) members. Upon request of either party, the Committee shall have the right to meet with the building principal to hold discussions which will include, but not be limited to, the following areas; supplementary texts, materials, supplies and equipment to be purchased within the budget allocation for that school or department; problems within the school relating to the implementation of this Agreement or district-wide Board policies. Further, the initiating party will submit to the other, at least twenty-four (24) hours prior to the meeting, an agenda covering the proposed meeting.

Section 2.31 Members of the bargaining unit who are not home based in a particular school, but who can be grouped by their area of specialization, shall elect a committee for their area of specialization. This committee shall not have fewer than three (3) members, nor more than seven (7) members, and shall meet upon request of either party with the appropriate supervisor for the purpose of discussion including, but not limited to, the following areas; supplementary texts, materials, supplies, and equipment to be purchased within the budget allocation for that specialized area. Further, the initiating party will submit to the other, at least twenty-four (24) hours prior to the meeting, an agenda covering the proposed meeting.

Section 2.32 LABOR RELATIONS COMMITTEE - The Association shall appoint a committee of up to six (6) employees representing the elementary, middle and high school levels to meet with the Superintendent's designee four (4) times per year, at a time convenient to both parties, for the purpose of reviewing safety matters, personnel matters and the administration of the contract. These meetings will in no way bypass the negotiations or grievance procedures. Further, the party requesting the meeting shall submit to the other, at least twenty-four (24) hours prior to the meeting, an agenda enumerating specific topics to be discussed.

Section 2.33 MODIFIED SCHOOLS

A. Faculty shall elect an MEA Committee.

B. Committee will meet on a regular basis with the principal.

C. If problems cannot be solved with the committee and principal, they will ................... be remanded to the Labor Relations Committee for resolution.

Section 2.34 JOB DESCRIPTION COMMITTEE - Job descriptions for each classification will be developed and/or maintained. Said descriptions shall be developed by the Employer. Input may be asked of those eligible for Association membership. The descriptions shall be given to employees upon request. Descriptions will include at a minimum:

1. Job Title and descriptions;

2. Minimum requirements/qualifications;

3. Examples of performance; and

4. Necessary special requirements/qualifications.

The Job Description Committee will convene during the development stages of the new or amended job descriptions prior to presentation to the School Board.

Section 2.40 The Association shall have the right to post notices of activities and matters of Association concern on an Association bulletin board in the employee lounge. Only official Association material may be posted and no material shall be posted which, by the nature and manner of presentation, impairs the orderliness or cleanliness of the premises, distracts those lawfully on the premises for its intended purpose. The Association Building Representative shall have the privilege to distribute materials relating to Association activities and matters of Association concern in the teacher mail boxes in the individual schools. A courtesy copy of material distributed in mail boxes shall be provided to the principal and/or designee in advance. In those schools where electronic bulletin boards and electronic mailboxes are available, the Association shall enjoy similar rights with respect to those media.

Section 2.50 Upon selection by the Superintendent of the individual on his staff to be charged with the responsibility for planning the orientation program (county-wide or at each individual school) for new teachers, the Association shall be advised of the identity of that person and may delegate a representative to meet with him/her and submit proposals respecting new teacher orientation. The Association shall be granted a scheduled time, not to exceed thirty (30) minutes, as part of the new teacher orientation program.

Section 2.60 DISTRICT COMMITTEES - Association shall appoint/select all bargaining unit members who fill or occupy positions on committees, task forces, councils, and/or bodies created or maintained by the Employer, which deal with terms and conditions of employment.

Section 2.61 The Board and the Association will share equally the cost of publishing this Agreement. The Board will be responsible for the printing of the Agreement within thirty (30) days of ratification. The MEA shall be responsible for the distribution of the Agreement within forty-five days of ratification by the Association members and the Marion County School Board. The entire contract will be printed every three (3) years starting with 1992-1995. In subsequent years one (1) and two (2), an addendum to the contract will be printed with the complete Agreement and addendum(s) made available for all new teachers. Additional costs for printing of the Agreement and addendum(s) for new teachers will be shared by the Board and the Association.

Section 2.62 All rights and privileges conveyed in this Article are conveyed exclusively to the Marion Education Association for the term of this contract.

Section 2.70 The Association shall be a regular stop on the courier route subject to normal courier schedules and restrictions as apply to schools.

Section 2.80 MEA will receive twenty (20) days for Association Leave. The Association will pay for substitutes.

ARTICLE 3.00

EMPLOYER RIGHTS

Section 3.10 It is expressly understood and agreed between the Association and the Board that the right to direct employees of the Board, to hire, promote, transfer, assign and retain employees and to suspend, demote, discharge or take other disciplinary action against employees subject only to express provisions respecting such matters in the Agreement, shall be solely and exclusively within the responsibility of the Board subject to the provisions of State Regulations and the Laws of Florida and the United States.

Section 3.11 It is expressly understood and agreed between the Association and the Board that the right to relieve employees from duty because of lack of work or for other legitimate reasons, to maintain the efficiency of the Board's operations, to determine the methods, means, and personnel by which the Board's operations are to be conducted and to take whatever action may be necessary to carry out the mission of the Board in situations of emergency shall be solely and exclusively within the responsibility of the Board.

Section 3.12 It is expressly understood by and between the Association and the Board that no provision of this Agreement shall be construed so as to abridge the authority and power of the Board as established by constitutional provision, statute or State Board of Education Regulations in existence at the time this Agreement is executed and that the Board shall be relieved of performance or compliance with any term or condition hereof if such compliance is contrary to any constitutional provision, statute or State Board of Education Regulation adopted, enacted or having an effective date subsequent to commencement of the term of this Agreement, provided, however, that none of the terms of this contract shall be deemed a waiver by the Association or individual employee of any rights otherwise secured by law.

Section 3.13 It is expressly understood and agreed that this Agreement constitutes the entire Agreement between the parties with respect to wages, rates of pay, hours of employment and other conditions of employment for the affected employees and that the determination of any question with respect to wages, rate of pay, hours of employment or other conditions of employment not expressly determined by this Agreement shall be deemed to be within the sole authority of the Board as the managing agent for the public school, subject to the provisions of State Regulations and the laws of Florida and the United States.

ARTICLE 4.00

GRIEVANCE PROCEDURE

Section 4.10 For purposes of this Article, the term "grievance" means any dispute between the employer and one or more employees involving the interpretation or application of the current Collective Bargaining Agreement.

The following matters shall not be the basis of any grievance filed and/or processed under the Grievance Procedures of this Agreement:

A. The termination of services or failure to re-employ any probationary employee.

B. Assigning to any probationary employee an additional period of probation.

C. Any complaint respecting termination of employment for which there is another remedial procedure or forum established by law or regulations having the force of law, provided however, that a continuing contract/PSC teacher may use this grievance procedure to grieve a termination under Article 6.00 as an alternative to, and in lieu of, the procedure established in Section 6.14.

Section 4.11 The aggrieved or their specified representative shall have the right, within ten (10) working days of occurrence, to present a formal grievance in accordance with the following procedure:

STEP I The grievant may submit to his immediate supervisor the grievance in writing with a copy to the Superintendent. The grievant's immediate supervisor shall investigate the grievance and, together with the grievant, shall make every effort to resolve the grievance. The supervisor shall, within ten (10) working days of the date that the grievance was submitted, adjust the grievance to the satisfaction of the grievant or give the grievant a written explanation of his reasons for finding against the grievant and upon request of the grievant send a copy thereof to the Association.

STEP II If the grievant is not satisfied within ten (10) working days of the date the grievant's immediate supervisor finds against the grievant, the grievant/Association shall file with the Superintendent or his/her designee. The Superintendent or his/her designee shall hold a meeting with the grievant and the Association within ten (10) working days. The grievant's immediate supervisor, the grievant and his/her representative shall each be notified of the time and place of the meeting. At such meeting, the grievant, the Association and the Superintendent shall be given an opportunity to appear, give testimony and request the attendance of other Board employees as witnesses. The grievant and his/her representative and his/her immediate supervisor shall be given an opportunity to appear and give testimony. Within five (5) working days of said meeting, the Superintendent or his/her designee shall make his/her finding and shall notify all parties of his/her finding.

STEP III If the grievant is not satisfied with the disposition of the grievance made by the Superintendent, the grievant/Association shall have the right within five (5) working days of the date the grievant receives notice of the Superintendent's disposition of the grievance to file a request for review by the Board, on a form prescribed by the Board. The Superintendent shall cause the matter to be placed on the agenda of the next regular or special meeting of the Board and shall promptly transmit to each member of the Board a copy of the request for review, the original grievance and the written decisions of the immediate supervisor and Superintendent. Notice of the date and time of such meeting shall be given the grievant and the Association. The Board shall, at the next regular or special meeting following receipt of a request for review, either (a) affirm the decision of the Superintendent, or (b) fix a date for hearing within fifteen (15) days following the date of the meeting at which the request for review was considered. At such hearing, the grievant, the Association and the Superintendent shall be given an opportunity to appear, give testimony and request the attendance of other Board employees as witnesses. If the Board elects to conduct a hearing in the manner prescribed above, it shall, at the conclusion of such hearing, either affirm the decision of the Superintendent or make other appropriate disposition of the grievance notifying all parties concerned of its decision.

STEP IV If the aggrieved is not satisfied with the disposition of the grievance by the Board, the Association may within five (5) working days of the receipt of the Board's decision, notify the Board through the Superintendent, of its intention to submit the grievance to binding arbitration. A list of three (3) arbitrators shall be requested from the American Arbitration. The grievant or his/her representative shall have the right to strike one arbitrator from the list, the Superintendent or his/her designee shall have the right to strike one arbitrator from the list, and the remaining arbitrator shall then be requested to hear and make final and binding disposition of the grievance. If the arbitrator selected by this procedure is unable to hear the grievance, then three (3) additional names of arbitrators will be requested from the American Arbitration Association and the selection procedure will be repeated. The cost involved in the exercising of arbitration shall be borne equally by the Board and the grievant unless the arbitrator makes a finding on the record that the party requesting arbitration acted in bad faith or without substantial cause, in which event the costs involved in the exercising arbitration shall be borne by the party requesting arbitration.