Collective Bargaining Agreement Between the Mesa Vista Federation of Teachers and the Mesa Vista Consolidated School District TABLE of CONTENTS

2019-2020 Collective Bargaining Agreement Between the Mesa Vista Federation of Teachers and the Mesa Vista Consolidated School District TABLE OF CONTENTS

ARTICLE TITLE PAGES 1. Introduction/Purpose 1 2. Recognition 1 3. Agreement Control 1 4. Discrimination 2 5. Definitions 2 6. Federation Rights 2 -4 7. Management Rights 4 8. Employee Rights 4 9. Seniority 4 -5 10. Employment Procedures 5 11. Licenses/ Endorsements 5-6 12. Workday/Year 6-11 13. Class Size Loads 11 14. Assignments 11 15. Vacancies and Transfers 12-13 16. Special Education 13 17. Student Discipline 13-14 18. Progressive Discipline 14 19. Employee Investigations 14 20. Drug Free Work Place/Drug and Alcohol Testing 14 21. Personnel File 15 22. Academic Freedom 15 23. Teaching Environment/Facilities 16 24. Work Environment 16 25 Health and Safety 16 26. Employee Evaluation 16-17 27. Leaves-General Provisions 17-18 28. Bereavement/Funeral 18 29. Emergency Leave 18 30. Extended Leave 19 31. Family and Medical Act of 1993 ( FMLA ) 19 32. Legal /Jury Duty Leave 19 33. Legislature Leave 19 34. Military Leave 19 35. Professional/Education Leave 19 36. Sabbatical Leave 20 37. Paid Leave 20 38. Annual Leave 21 39. Lay Offs 21-22 40. Insurance Benefits 22-23 41. Re-employment Notification 23 42. Salary Procedures and Allowances 23-25 43. Emergency Call Out/Back to Work 25

44. Coaching Contact Addendum 25

45. Grievance Procedure 25-28 46. Negotiations Procedure 28

47. Sick Leave Bank 28-29 48. Requisitions 29 49. Committees 29 50 . Copies 29 51 . Severability 29

52. Duration 29 53 . Signatures 30 Appendix A 9 Month Employee Calendar 31 Appendix B 12 Month Employee Calendar 32

Appendix C At Will Extracurricular Increments 33-34

Appendix D Certified Staff Salary Schedule - Level 1,11 & III 35 Appendix E Educational Assistant Salary Schedule 36 Appendix F Bus Driver Salary Schedule 37

Appendix G School Counselor Salary Schedule ndklfjkldj38 Appendix H Cook’s Salary Schedule 39 Appendix I Custodian/Maintenance Salary Schedule 40 Appendix J Elementary School Secretary Salary Schedule 41 Appendix K Data Tech Clerk, HS & SS Secretary Schedule 42

Appendix L Security Officer Salary Schedule 43

Appendix M Grievance Form 44

ARTICLE 1 INTRODUCTION/PURPOSE This Agreement was entered into between the Mesa Vista Consolidated School District and the Mesa Vista Federation of Teachers on the 9th day of July, 2019, in Ojo Caliente, New Mexico. The purpose of this agreement is to enable the District to provide the very best environment in which to educate the students of the Mesa Vista Consolidated Schools. The District and the Federation support the promotion of harmonious and cooperative relationships between the parties to provide for the orderly and uninterrupted operations and functions of the system that offers the students the best possible education.

ARTICLE 2 RECOGNITION 1. The District hereby recognizes the Mesa Vista Federation of Teachers as the exclusive representative as per the Public Employees Bargaining Act, for all Certified, Classified and Blue Collar School Employees, including Licensed Teachers and Special Education Teachers, Nurses, Counselors, Tutors, Reading Coaches, Technology Coordinators, Library Assistants, Secretaries, Educational Assistants, Special Education Assistants, Computer Lab Assistants, Attendance Clerks, Security Personnel, Custodians, Maintenance Personnel, Bus Drivers and Cooks. 2. The exclusive representation right does not apply to supervisory, managerial, and confidential and substitute employees. 3. This Agreement is the only agreement between the parties and replaces all previous agreements.

ARTICLE 3 AGREEMENT CONTROL 1. This agreement has been executed and will be implemented in accordance with the Laws of the State of New Mexico. 2. If any District policy, regulation or directive is in conflict with any provision of this Agreement, the language of this Agreement shall control. 3. This Agreement may only be modified or waived through a written agreement between the parties. 4. The District shall not approve any change in a bargaining unit member’s term or condition of employment, without first negotiating the change with the Federation and both parties shall comply with all requirements to negotiate the impact of instructional and professional decisions by the employer. 5. In the event the District anticipates the modification or change of an instructional or a professional decision, the District will notify the Union, in writing, and upon request from the Union, the District and the Union will negotiate the impact of such anticipated modification and/or change prior to the implementation of the change. 6. Unless otherwise specifically stated herein, the provisions of this Agreement shall apply equally to all employees. 7. If any portion of this Agreement is determined to be contrary to law or governing order, said provisions shall be void and unenforceable. All other provisions of the Agreement shall remain in full force and effect. The parties may re-negotiate the provisions determined to be contrary to law.

ARTICLE 4 DISCRIMINATION The parties shall not discriminate with regard to color, sex, sexual orientation, creed, religion, marital status, age, national origin, disability, veteran status, membership and non-membership status in the Federation. This shall include uninvited and unwelcome verbal, non-verbal or physical intimidation.

ARTICLE 5 DEFINITIONS Unless otherwise specifically defined elsewhere in this Agreement, the following definitions shall be applicable throughout the Agreement: 1. "Bargaining Unit" includes the following classifications: All Certified, Classified and Blue/White Collar Employees, including Licensed Teachers and Special Education Teachers, Special Education Assistants, Nurses, Counselors, Tutors, Reading Coaches, Technology Coordinators, Library Assistants, Secretaries, Educational Assistants, Computer Lab Assistants, Attendance Clerks, Security Personnel, Custodians, Maintenance Personnel, Bus Drivers and Cooks. 2. "Board" shall mean the Mesa Vista Consolidated School District Board of Education. 3. "Certified Employees" shall mean any person holding a valid certificate authorizing the person to teach, supervise an instructional program, counselor will provide special instructional services in the public schools of the State of New Mexico. 4. "Classified Employees" includes the following classifications: Educational Assistants, Library Assistants, Special Education Assistants, Computer Lab Assistants, Custodians, Cooks, Maintenance Employees, Bus Drivers, Bus Assistants, Secretaries, Clerks and Security Personnel. 5. "Day" shall mean work day. Holidays recognized in the District when employees are not required to report to work shall not be counted as days. 6. "District" shall mean the Mesa Vista Consolidated School District. 7. "Employee" shall mean an employee within the bargaining unit for which the Federation has been recognized as exclusive representative. 8. "Federation" shall mean the Mesa Vista Federation of Teachers. 9. "Superintendent" shall mean the Chief Executive Officer of the Mesa Vista Consolidated School District. 10. "Teacher" shall mean all licensed/certified bargaining unit employees who possess a license to teach in accordance with state law and Public Education Department (PED) regulations and standards. 11. Use of one gender shall be interpreted as including the other gender. 12. "Calendar" shall mean the calendar negotiated and agreed upon by the parties as Appendix A to this agreement.

ARTICLE 6 FEDERATION RIGHTS 1. The following provisions shall be granted exclusively to the MVFT and these provisions shall not be granted to any other labor organization. 1.1 The District shall continue to provide payroll deduction of Federation membership dues in an amount designated by the Federation, for all employees who voluntarily authorize the deductions. Request for deductions shall be honored by the District provided the deduction request is submitted to the District’s Payroll Office on a form authorized by the Federation. 2

The deductions shall be made from the employee’s paychecks for each pay period. The authorizations may be submitted at any time and the deductions will commence on the following pay day. The deductions shall be transmitted to the Federation's bank account no later than ten (10) working days following each pay date the deductions were made. The Federation agrees to render the District harmless for any actions resulting from compliance with this provision of the agreement and assumes total responsibility for the disposition of the funds so deducted and once the funds have been received into the Federation's bank account. Employee deductions may be terminated at any time by submitting a written notice to the Federation President and copy to the Payroll Office at least thirty (30) days prior to the deduction termination. The Federation shall notify the Payroll Office of any change in the deduction amounts at least ten (10) days prior to the effective date of the new amount., 1.2 The Federation will be permitted to use the employee mailboxes at District worksites for the dissemination of appropriate literature. The Federation will attempt to comply with all written requests for employees who register a written request not to receive Federation material. 1.3 The Federation may use meeting areas in district buildings provided advanced scheduling has been made with the District or building supervisor. 1.4 The Federation will be allowed to speak at any new employee orientation meeting or general meeting of all employees. 1.5 The Federation building representatives or executive officer will be allowed the opportunity to make announcements at each employee meeting or work-site meeting of employees. 1.6 The Federation representatives may utilize accrued leave to conduct Federation business. 1.7 Space in each employee work areas will be provided to the Federation for the maintenance and use of a bulletin board. This bulletin board shall not be used for any political material or any derogatory material directed at any District employee or elected official. Such material if posted may be removed by the District and will result in the right to have a bulletin board for Federation posting being null and void, until the parties can meet to discuss the issue. The meeting will be held within thirty calendar days. 1.8 If requested by the Union, the District will provide the Federation any public information, no later than fifteen (15) days after the request was made and other information as requested as the exclusive representative. 1.9 The Federation will be allowed to schedule and conduct meetings at worksites provided the meetings do not interfere with the instructional schedule/work day or conflict with events previously scheduled by the District. Duty time shall include preparation time. Prep time is work time and shall be taken on the worksite. 1.10 The Federation building representative and executive officers are recognized as Federation leaders in their respective worksites. This recognition carries with it the right of the representatives to carry out their Federation responsibilities. Such responsibilities will not be carried out during duty time. 1.10 A The Federation representatives will report to the worksite supervisor’s office prior to any site visit. 1.10 B The building representatives and executive officer shall have the right to bring to the attention of the work site supervisor all matters pertaining to bargaining unit employees, organizational rights of the Federation and other concerns of the employees. The federation or any employee may not solicit membership while the employees are on duty. 1.11 Federation officials and/or representatives who are not District employees shall have the 3

right to visit work sites for the purpose of conducting representational business, provided the visit does not interfere with the duty schedule of the employees involved and that prior notice is given to the work site supervisor. If the work site supervisor is not available, the supervisor's assistant. In the event the representational business involves the supervisor, prior arrangement of the visit shall be made through the supervisor or the supervisor's office.

ARTICLE 7 MANAGEMENT RIGHTS The District will retain the Management Rights identified in the Public Employee Bargaining Act. (PEBA)

ARTICLE 8 EMPLOYEE RIGHTS 1. When an employee is discharged or terminated, such action will be taken in accordance with applicable law and just cause and shall be subject to the grievance procedure. An employee may be accompanied and represented by a Federation representative at any discharge or termination proceedings. 2. Disciplinary actions, written reprimands, demotions and discharge for just cause are subject to the grievance procedure. 3 Any meeting that an employee is requested to attend with the immediate supervisor or principal; the general topic shall be identified and relayed to the affected employee. An employee may be accompanied by a Federation representative at any meeting which will result in formal documentation being placed in the employee’s personnel files. An employee may be accompanied by another employee to any meeting, with the administration, initiated by the employee. A Federation representative or other employee may not accompany an employee to any evaluation conference. 4. The parties agree that proper professional decorum requires respecting the confidentiality of individuals. Therefore, any discussion critical of an employee’s or administrator’s performance or behavior will be held in private.

ARTICLE 9 SENIORITY 1. Seniority shall be defined as length of continuous service with the District applied to current endorsement area classification held. District seniority credit shall commence with the employee’s most recent date of hire. 1.1 In the event a classified employee transfers into a new classified job category, that employee shall carry over all seniority for the time spent in other positions. In the event a certified employee transfers into a new certified job category, that employee shall carry over all seniority for the time spent in other certified position, except moving from an EA position to a teacher position. 2. Time spent on an unpaid leave of absence shall not be counted toward seniority credit. However, the time spent on approved unpaid leave of absence shall not represent a break in service. Time spent on paid leave of absence, shall be counted towards seniority credit. Ties will be broken by PED mandates or changes in instructional and programmatic needs.

3. The District will maintain a seniority list of all employees in the bargaining unit. The list will include the employees ranked in order of seniority and the date of hire of each employee. The Federation will be provided a copy of the seniority lists of all employees of the bargaining unit on

or about January lest of each year.

4. Time in an Administrative position in the district will not be counted towards seniority.

ARTICLE 10 EMPLOYMENT PROCEDURES 1. The District shall be an equal opportunity employer. 2. The District will hire certified employees who are licensed to teach in the State of New Mexico as provided for under the Public Education Department regulations and appropriate state law. 3. When a full time vacancy exists, and decides to fill the vacancy, the District will fill the vacancy with the best qualified individual. Qualified District employees who apply will be considered before outside applicants are considered. If the choice is between two (2) qualified\employees, all things being equal, seniority will be given preference in the selection: 4. Certified employees who intend to resign employment with the District shall provide the District with a minimum of thirty (30) calendar day’s resignation notice. Classified employees, who intend to resign employment with the District, shall provide the District with a minimum of fifteen (15) calendar day’s resignation notice. In extenuating circumstances, shorter resignation notices may be considered by the District. 5. Employees will be provided a copy of their job description upon initial hire and upon revision of the job description. Job descriptions shall be on file in the District Central Office. Job descriptions will be updated as deemed necessary by the District. 6. The parties acknowledge that reduced class size can improve the education of students. 7. The District shall provide the Federation with names of new hires and employees who have severed their employment status with the District no later than thirty (30) days following Superintendent’s action on the hiring’s or separation. 8. The District shall provide the Federation, upon written request, the current employee directory. 9. Each employee shall provide the following documents and/or materials prior to receiving his/her first paycheck. * Signed Contract * Signed Salary Verification Form * W-4 Form * In addition, new employees must have a completed 1-9 form. The District may consider extenuating circumstances that may necessitate additional time for the following documents and/or materials: 9.1 Appropriate New Mexico licensure credentials. 9.2 Verification of all previous employment allowed for placement on the salary schedule or used to determine qualifications for the position in which he/she is employed. 9.3 Official transcripts or other documents as proof of qualifications for employment. 9.4 Any other documentation required by law.

ARTICLE 11 LICENSES/ENDORSEMENTS 1. The District shall administer certified employee licenses, endorsements in accordance with all state laws and Public Education Department regulations, standards and guidelines.

2. In the event that the District requires additional licenses/endorsements, the District will offer and pay for at least three (3) hours of credit on school site each semester in at least one (1) of these areas. The District shall include these provisions in each grant application availability of funding. The District shall include these provisions in each grant application when applicable. The District will allow all credit hours earned to planned program of study to be counted towards placement on the salary schedule subject to official transcripts verification and the Public Education Department T&E guidelines. If the District requires the additional license or endorsements, the District, shall offer paid professional leave for any certified employee to travel to a testing institution which offers a required licensure and/or endorsement test and will pay for the cost of the license and/or endorsement test subject to the availability of federal funds. The District shall include these provisions in each federal grant application. A. Or, whenever possible, offer the necessary coursework for credit through in-service programs; B. With administrative approval, release an employee to attend necessary classes or take required exams, without charged leave; C. Assume all tuition and textbook costs for the employee, provided the course meets a passing grade of a “C" or better. 3. The District shall comply with all licensure requirements for all Educational Assistants in accordance with the Public Education Department regulations, standards and guidelines. 4. The parties agree to meet and discuss prior to implementation on any policy requiring bilingual endorsement. 5. The parties agree to meet and discuss any changes made to the bilingual stipend before it’s changed. Administration agrees to pay the following amounts to staff that has the required endorsements and actually service students in those specific areas. The amounts are as follows: TESOL= $500.00 and Bilingual = $1,000.00.

ARTICLE 12 WORKYEAR/WORKDAY 1. CERTIFIED EMPLOYEES -WORK YEAR 1.1 For the purpose of this article, the following definitions shall apply: 1.1.1 "Work Day" shall mean any day during which a certified employee is required to report to work for full duty. 1.1.2 "Preparation Day" shall mean a work day during which a certified employee is not assigned teaching duties, but the certified employee is involved in professional preparation. 1.1.3 "In-service Time" shall mean a work day or a portion of the workday during which the certified employee is not assigned teaching duties, but the certified employee is participating in staff development activities.

1.2 The work year for certified employees shall be one hundred sixty (160) work days. The work year is based upon the school calendar, which is included in the Appendix of this Agreement, with the understanding that the calendar may be subject to emergency changes, but such changes which are made by the District shall not affect a change in the required total number of workdays in the work year. A certified employee who is assigned additional workdays beyond the one hundred sixty (160) work days or is on an extended contract shall be compensated at their daily rate of pay (i.e. salary/160).

1.3 At the beginning of the work year, three (3) days shall be scheduled for certified employee orientation, staff meetings and classroom preparation. The last day of the work year will be

scheduled for inventory and checkout.

1.4 High School Counselors shall work one hundred seventy -five (175) work days. 1.4.1 Nurse shall be paid per nurses published salary schedule and will be prorated.

1.5 Elementary School Counselors shall work one-hundred seventy (170) work days.

1.6 The following unpaid holidays and extended unpaid breaks shall be observed for the 2019- 2020 School Year for the certified employees: Labor Day Monday, September 2, 2019 Thanksgiving Holiday (3) Wed-Fri, November 27-29, 2019 Winter Recess (12) Friday- Friday, December 20, 2019 - January 3, 2020 Spring Break 1 Wed-Fri, March 11-13, 2020 Spring Break 2 Thurs-Mon., April 9-13, 2020

2. CERTIFIED EMPLOYEES-WORKDAY 2.1.1 Elementary, Middle and High School workday for certified employees is from 7:45 am - 4:15 pm. with a 30 minute duty free lunch period. Student Instructional Hours are from 8:00 am - 3:45 pm excluding the 30 min. duty free lunch period.

2.1.2 Staff development and in-services will be scheduled during the workday.

2.1.3 Normally, staff meetings will be completed by 4:15 pm. An agenda of the meeting will be provided. Prep time may be utilized for staff meetings. In the event that a meeting lasts beyond 4:15 pm, a certified employee who must leave the meeting early is required to notify their immediate supervisor prior to the meeting.

2.1.4 Parent/Teacher conferences will be scheduled at each school worksite once each semester. These conferences will be scheduled at the end of the first and third nine weeks grading period.

2.1.5 Each high/middle school certified employee will receive a daily preparation period equal in length to the standard single period for the given day. Professional preparation time is work time and shall be taken on the jobsite. This time shall not be used for running personal errands or personal business.

2.2 Each certified employee shall have a daily continuous, uninterrupted, duty free lunch period of at least thirty (30) minutes in length scheduled by the principal and may be taken on or off the school premises. A certified employee who volunteers for a duty assignment during their established lunch period, shall be compensated at the Districts established rate of ten ($10.00) dollars.

2.3 Non-instructional duties such as game duties at the High School and Mid-School are paid voluntary assignments. Employees who volunteer to work for such assignments will be compensated at the rate of thirty (30) dollars per scheduled event (per sport), except for student athletic fund raiser which will pay thirty (30) dollars for the whole night. Volunteers and their spouses will be admitted to these events at no charge.

2.4 On a workday when worksites cannot be opened for the regular schedule due to extreme 7

cold, severe snow or other emergencies, the District may announce an abbreviated schedule for that workday. Certified employees are required to report to their worksite two (2) hours after their normally scheduled report time. On a workday when worksites cannot be opened for the regular schedule not the abbreviated schedule due to extreme cold, severe snow or other emergencies, the District may cancel the workday in exchange for a make-up day. Potential make-up days may be identified on the school calendar.

2.5 Certified employees who wish to leave the worksite during the workday shall obtain approval from their supervisor prior to leaving the worksite. In an emergency situation, the leave will not be unreasonably denied.

2.6 A certified employee who needs to leave early for a personal appointment may be permitted to leave at 3:45 pm without deduction from leave time, if previously approved by the worksite supervisor.

3. CLASSIFIED EMPLOYEES-WORK YEAR 3.1 The work year for the 2019-2020 SY for the following classified employees shall be as follows: Educational Assistants 160 Days Library Assistants 160 Days Food Service Employees 160 Days Elementary Secretary 160 Days

3.2 The work year for the 2019-2020 SY for the following classified 12 month employees shall be as follows: Administrative Secretaries 241 Days Maintenance/Custodial 241 Days Clerk & Program Faculty 241 Days Administrative Assistant 241 Days

3.3 The work year for the following classifications will be as follows for the 2019-2020 SY: High School Secretary 204 Counselor Secretary 204 Bus Driver 155

3.1-3.3 Management reserves the right to offer additional work days with the agreement of the union. The employee will be compensated according to the salary schedule. Time worked beyond forty hours (week) will be compensated as time and a half.

3.4 The work year for Bus Drivers shall be each day transportation-related services are required to transport students to and from school. Workdays shall begin three (3) workdays

earlier than the scheduled school calendar for in-service, orientation and staff meetings. The work year is based upon the school calendar with the understanding that the calendar may be subject to changes, but such changes which are made by the District shall not affect a change in the required total number of workdays in the work year. A Bus Driver who is asked to work additional work days beyond the work year set forth shall be paid at his/her regular hourly rate of pay for the hours actually worked.

3.5 At the beginning of the school year, three (3) work days shall be scheduled for in-service, orientation, staff meetings and worksite preparation for Food Service Employees and IA's.

3.6 The following unpaid holidays and extended unpaid breaks shall be observed for the 2019- 2020 School Year for classified employees:

Labor Day Monday, September 2, 2020 Thanksgiving Holiday (3) Wednesday-Friday, November 27-29, 2020 Winter Recess (12) Friday- Friday, December 20, 2019 - January 3, 2020 Spring Break 1 Wednesday-Friday, March 11-13, 2020 Spring Break 2 Thursday-Monday, April 9-13, 2020 Memorial Day Monday, May 25, 2020 (12-month employees only)

4 CLASSIFIED EMPLOYEES-WORK DAY 4.5 The workday for Educational and Library Assistants shall consist of 7 1/2 hours work plus 1/2 hour unpaid lunch for a total of 8 hours. Educational Assistants and Library Assistants shall have a daily continuous, uninterrupted duty free lunch period each work day and shall not be less than thirty (30) minutes in length, unless assigned duty. Such unpaid duty free lunch time is scheduled by the principal and may be taken on or off the school premises. If Educational Assistants are assigned work during their lunch period they will paid at then regular rate of pay for the time worked.

4.6 Food Service employees will be assigned lunch times that are appropriate for proper food preparation and serving duties. The normal work day for Food Service Employees may consist of a minimum of six (6) hours up to a maximum of eight (8) hours with the understanding the hours may increase or decrease in accordance with the Public Education Department Student Nutrition Division's regulations and guidelines and employees will be paid for the actual hours worked.

4.7 The work day for Secretaries, Clerks, Maintenance and Custodial shall consist of 8 hours plus a 1/2 hour unpaid duty-free lunch for a total of 8 1/2 hours.

4.8 The work day for Bus Drivers shall be the hours necessary for the driver to complete the AM, Noon, and PM routes. 4.9 When the supervisor is not available, administrators(at the specific site of concern) will be in charge of all decisions. If a temporary position is deemed necessary, position will be based on seniority. 9

5 CLASSIFIED ABBREVIATED WORK DAY 5.5 On a workday when worksites cannot be opened for the regular schedule due to extreme cold, severe snow or other emergencies, the District may announce an abbreviated schedule for that workday. Educational Assistants/Library Assistants are required to report to their worksite two (2) hours after their normally scheduled report time and will be paid for the actual hours worked. On a workday when worksites cannot be opened for the regular schedule nor the abbreviated schedule due to extreme cold, severe snow or other emergencies, the District may cancel the workday in exchange for a make-up day. Potential make-up days may be identified on the school calendar.

5.6 On a workday when worksites cannot be opened for the regular schedule due to extreme cold, severe snow or other emergencies, the District may announce an abbreviated schedule for that workday. Maintenance and Custodial employees are required to report to their worksite at 6:00 am. A reasonable allowance shall be made for the late arrival and the employees will be paid for the actual hours worked.

6 CLASSIFIED ASSIGNMENTS 6.5 Secretarial/Clerical, Bus Drivers, Maintenance/Custodial, Educational Assistants, Library Assistants, and Food Service Employees shall be responsible for performing support functions/duties as identified by the District

6.6 Educational Assistants/Library Assistants who are assigned duty in lieu of their lunch period, shall be granted release time (Time for Time).

6.7 Classified employees who wish to leave the worksite during the workday shall obtain approval from their supervisor prior to leaving the worksite. In an emergency situation, the leave will not be unreasonably denied.

7 CLASSIFIED OVERTIME 7.5 All work actually performed beyond 40 hours per work week requires approval of the immediate supervisor and shall be paid at time and one half the regular hourly rate of pay as required by FLSA.

7.6 The workweek is defined as 12:01 AM. Sunday through 12:00 Midnight Saturday.

7.7 Classified employees shall be compensated for every hour, or portion thereof, worked. Pre- approval of overtime by the supervisor is required. Overtime may be assigned to employees when determined to be necessary by the supervisor. Work assigned by a supervisor and worked by the employee who exceeds forty (40) hours per work week will be compensated as required by the FLSA.

7.8 Paid leave will not be counted toward the computation of overtime.

8 CLASSIFIED CALL BREAK 8.5 Employees called back to work for an assignment that is not contiguous with the employee’s workday shall be paid for the actual time worked, plus reasonable travel time to the worksite.

9 CLASSIFIED REST BREAKS 9.5 The supervisor will schedule one (1) rest break before lunch and one break in the afternoon for employees who work eight hours per day. The supervisor will schedule one fifteen (15) minute break for employees who work at least four (4) hours, but less than seven hours per day. Such breaks must be taken at the worksite.

ARTICLE 13 CLASS SIZE LOADS The District shall comply with the State Statutes and Public Education Department Regulations and Standards in determining class size, class load limits, and staffing patterns.

ARTICLE 14 ASSIGNMENTS

14.1 Tentative assignments will be issued no later than June 30th of the calendar year notifying them of their exact location, subject and/or grade. Final assignment will be issued no later than 30 days before school begins. Administration has no problem getting this done before school ends; however, assignments are subject to change based on extenuating circumstances (i.e. health, staffing...) Administration will provide certified staff with projected assignment for the following school year by the end of the current contract date. 14.1.1 Assignments for Clerks, Cooks, Secretaries, Custodians, Bus Drivers and Maintenance Personnel shall be made by July 1st, except in extenuating circumstances. 14.2 Employees employed during the summer months shall be given notice of their assignment no later than ten (10) school days after school begins. Employees employed after school begins shall be given notice of their assignment at the time employment begins. 14.3 Instructional Assistants primary responsibility shall be the fulfillment of instructional duties and responsibilities assigned by the District. The Principal Shall be responsible for the supervision of all EA's as outlined in the EA's job description. Educational Assistants/Library Assistants shall not be required to serve as classroom certified employee substitutes without additional compensation. The additional compensation will be at the employee’s regular hourly rate, only when the substitution is for the full day. Certified employees who are assigned EA's will provide direction in the implementation of the assigned instructional duties and responsibilities, in accordance with Public Education Department regulations and standards. Non-instructional duties assigned to EA's will be assigned on an equitable and rotational basis. Evaluations of EA's will be the responsibility of the principals. 14.4 Employees will not be assigned tasks that are outside their scope of instructional/professional responsibilities. 14.5 Any non-instructional duties assigned to a certified employee will be assigned on a rotational basis. 14.6 Employee assignments will be based on the instructional needs of the students.

ARTICLE 15

VACANCIES AND TRANSFERS 1. DEFINITIONS 1.1 "Vacancy" shall mean an unfilled bargaining unit position which the District will fill. 1.2 "Transfer" shall mean a lateral move from (1) one worksite to another within the same job classification. 1.3 "Voluntary Transfer" shall mean a transfer initiated by a bargaining unit employee. 1.4 "Involuntary Transfer” shall mean a transfer initiated by the District. 1.5 "Continuous Service" shall mean uninterrupted service within the District. 2. VACANCIES 2.1 Job vacancies for all District job classifications including bargaining unit classifications shall be posted for a minimum of five (5) days in each school site. An interested employee applying for a vacancy shall notify the contact person listed on the vacancy notice. During the summer months, postings of vacancies shall be maintained at the District's Central Office and U.S. Post Offices within the School District. Employees who wish to be considered for vacancies may submit a letter of interest for a desired position prior to the end of the school year. 2.2 Vacancy postings shall, at least, contain the minimum qualifications, essential performance responsibilities and application deadline for the submission of the application or transfer request. 2.3 The District shall fill vacancies on the basis of what is in the best interest of the students, program/instructional needs/requirements and the most qualified applicant. All things being equal, seniority will be considered. 2.4 The District shall notify the successful applicant as soon as possible after the hiring decision has been made. 3. VOLUNTARY TRANSFERS 3.1 An employee may request a voluntary transfer at any time during the school year. A written request shall be submitted to the Superintendent. When a vacancy occurs within the employee's job classification the employee(s) having an active request on file shall be considered. All things being equal, seniority will be considered. 3.2 A request shall remain on active file for one (1) school year including the summer months and may be renewed. 3.3 A certified employee's transfer shall identify the worksite and assignment desired. 3.4 Time spent in district position other than within the bargaining unit shall not be counted for seniority purposes but shall not be a break in continuous service. 3.5 All things being equal, the District will give preference to in-house voluntary transfers requests over outside applicants. 4. INVOLUNTARY TRANSFERS 4.1 Any change in assignment shall be considered an involuntary transfer. 4.2 Prior to such change, an employee will be given the reasonable written notice of the change and the written reasons therefore. An employee may request a meeting with management and the Federation to discuss the change. The affected employee will be given the opportunity to voluntarily apply for other vacancies for which the employee is qualified.

4.3 If an involuntary transfer takes place during the school year, the employee will receive a minimum of five (5) working day notice. 4.4 An employee who is involuntarily transferred to a position for which the employee is not licensed, endorsed or experienced will be provided additional administrative assistance. However, this does not preclude an employee from identifying and requesting assistance. 4.5 Involuntary transfer(s) of classified employees shall be assigned to positions within the same salary classifications to the positions held at the time of the transfer. This does not apply to a promotion or a demotion.

ARTICLE 16 SPECIAL EDUCATION 1. The assigning of identified special education students in general education classrooms shall be in accordance with all federal laws, state laws and appropriate regulations. 2. The District shall provide employees with the reasonable training and documentation necessary to meet the student’s educational, behavioral, and/or medical needs. Requests for such training will be evaluated, prioritized and provided by district staff, supplemental services or other volunteer resources. 3. Employees with responsibility for any special education student shall be invited to attend all scheduled IEP meetings. 4. Employees with responsibility for any special education students shall receive reasonable materials, supplies, and supports to meet the student’s educational, behavioral, and/or medical needs.

ARTICLE 17 STUDENT DISCIPLINE 1. The parties recognize that student deportment and respect for others are essential components for a successful and productive educational program, academic success of students and the safety of employees and students. 1.1 All building administrators and staff share the responsibility for providing an environment that is conducive to teaching and learning. 2. Student discipline will be applied in accordance with District policy, Public Education Department regulations and state law. The principal has the responsibility for administrating and implementing all procedures according to the District's Students Disciplinary Policy. 2.1 The Principal shall have primary responsibility for administering the District’s Student Discipline Policy through the enforcement of sanctions and consequences intended to remediate or eliminate the disruptive behavior. 3. Employees shall be the initial source of discipline for all students under their direct supervision. An employee shall take whatever action necessary and permitted under policy and law to properly discipline a disruptive student prior to referring the student and the problem to administration. An employee may refer to the administration a student whose behavior prevents instruction and/or threatens the safety of either an employee or other students. 3.1 The District shall honor reasonable requests for training on classroom behavior management or individual student discipline. 3.2 Before a student returns to the classroom, the principal will inform the teacher of any corrective action taken. 3.3 In cases of chronic or extreme disruption, the teacher may request a conference with the principal, parents or others as necessary for the purpose of determining and initiating 13

corrective methods. 4. Any employee who observes any criminal act on school property shall report the act to the principal. 5. An employee shall be informed of any formal complaint made to the administration by a parent or guardian concerning the disciplinary action taken by the employee with a student. 6. Employees shall use appropriate techniques that may include, as a last resort, reasonable restraint in order to maintain a safe working environment for students and staff.

ARTICLE 18 PROGRESSIVE DISCIPLINE The principles of progressive discipline shall be applied, but not limited to actions defined in the NMAC 6.60.9.9 (New Mexico Administrative Code - Standards of Professional Conduct). Disciplinary actions may include, but are not limited to, written reprimand, suspension without pay, demotion, discharge or termination. It is recognized that progressive discipline will be implemented at the appropriate level based on the employee’s total record, the severity, and the frequency of the infraction. All disciplinary action will be based on just cause.

ARTICLE 19 EMPLOYEE INVESTIGATIONS 1. The District has the right to investigate all allegations of employee misconduct. 2. An employee may be placed on administrative leave of absence with pay and benefits during an investigation. 3. During an investigation, no documentation related to the matter under investigation will be placed in the employee’s personnel file. 4. Upon the request of the affected employee or the employee’s authorized representative, the District will inform the requesting party of the general investigation status. 5. Employee investigations shall be conducted expeditiously and in accordance with appropriate law with expectation of absolute confidentiality. Upon completion of an investigation but before charges are filed against the employee by the District, as a result of findings of an investigation, the affected employee will be provided the opportunity to respond to the complaint(s)/charge(s). 6. If an accused employee requests Federation representation at the response hearing, such request will be honored. 7. Prior to returning to work following an investigation, a meeting between the affected employee and the appropriate supervisor will be scheduled in an attempt to create a positive transition. 8. Any employee that is falsely accused, of misconduct by any school employee, school student or parent of a student, shall have the legal right to pursue a law suit for slander and/or defamation of character.

ARTICLE 20 DRUG FREE WORK PLACE/DRUG AND ALCOHOL TESTING 1. Employees who dispense or are responsible for controlled substances (drugs) and/or employees who transport students on school related activities shall be subject to random drug and alcohol testing, in accordance with national and state laws, rules and regulations.

ARTICLE 21 PERSONNEL FILE

1. The District shall maintain one official personnel file for each employee. The file will be maintained in the District Central Office. 1.1 Supervisors/Administrators may maintain a separate working file at the worksite. 1.2 The supervisor/administrator shall provide an employee with a copy of any document in the file. 1.3 The employee may submit a written response to any document in the file. 2. An employee shall be permitted to review material contained in the employee's file. An employee wishing to access their personnel file shall provide advance notice. The District shall remove all pre-employment material from the file prior to review by the employee. A designated District official from the Central Office shall be present during the file review. The file reviewer(s) shall sign and date a form maintained in the personnel file. 2.1 The official personnel file shall be open to inspection by the Superintendent, administrators, or legal agents of the Board, provided the inspection is conducted for the purpose of legitimate District business and is restricted to a review of the pertinent material. The employee shall be notified of the inspection prior to the inspection. 2.2 Other than for purposes of routine District business, the file reviewer shall sign and date a form attached to the employee’s official file to record all access to the file. 3. The District will honor reasonable requests for a copy of an accessible document in the employee's file. The District will charge a fee of more than $.10 per page, for the first 10 pages, and $.25 for any additional copies. 4. The District will continue to comply with all applicable health and safety codes, regulations and laws. 5. Employees assigned to hazardous conditions as defined by state and federal law. The District will provide appropriate training, protective clothing and equipment as required by law or the Public Education Department. 6. An employee may be accompanied by a Federation representative or an individual selected by the employee while reviewing the employee’s file. The employee may also assign the sole responsibility of reviewing the file to a Federation representative. Such authorization shall be in writing. 7. Except for routine file maintenance material, the District shall provide an employee with a copy of any document prior to the placement of the document in the file. The employee shall be asked to sign the document to verify his/her receipt, and shall have an opportunity to have a response appended to the document.

ARTICLE 22 ACADEMIC FREEDOM 1. Students shall be provided an unbiased and complete study and examination of all academic issues consistent with the curricular and instructional competency requirements of the Public Education Department and the District’s Board of Education. 2. Certified teachers will assign the students grades. Grade changes will not be done without the approval of the teacher of record on the proper grade change form.

ARTICLE 23 TEACHING ENVIRONMENT/FACILITIES 1. The parties recognize that teaching is the main and primary responsibility of a certified employee. The assigning of non-instructional duties shall be on an equitable, rotating basis. 2. Employees shall be provided with supplies and equipment to fulfill their responsibilities in their assigned positions. 3. Employees assigned to hazardous conditions as defined by state and federal law, shall be provided by the District the appropriate training, protective clothing and equipment as required by state and federal law. 4. Classroom interruptions shall be kept to a minimum. 4.1 Teachers shall receive a minimum of 24 hours notice of assemblies, presentations, group or individual testing, except in cases of emergency. 4.2 Teacher perception of excessive classroom interruptions shall be addressed by the Union/Management Committee.

ARTICLE 24. WORK ENVIRONMENT

The District and the Union will work towards maintaining a work environment that is based on mutual respect. All employees will refrain from conduct that interferes with an individual’s work, or creates an intimidating, hostile, or offensive work environment. Employees have the right to be treated with respect and are expected to conduct themselves with respect for the dignity of others as well as themselves. This language shall in no way diminish a supervisor’s right, responsibility, authority, and duty to assign, observe, direct, or correct a subordinate’s work.

ARTICLE 25 HEALTH AND SAFETY

The District will continue to provide healthful and safe working conditions for all employees.

ARTICLE 26. EMPLOYEE EVALUATION

26.1 The primary purpose of the employees' evaluation is the improvement of the quality of job performance for the students and the school district. 26.2 All employees will be trained on the new evaluation procedure prior to being evaluated. 26.3 Teachers shall be evaluated by their principal or other administrative personnel trained in evaluation procedure. 26.3.1 All other staff members shall be evaluated by the principal/administrator/supervisor personal trained in the evaluation procedure. 26.4 Employees shall be evaluated on the cycle set by the District’s Evaluation Plan. 26.5 Teachers will be evaluated at least twice a year. The first evaluation will be conducted by the site principal on domains 2 and 3. The second evaluation will be conducted by a 2nd evaluator on domains 2 and 3. Domains 1 and 4 will be completed by the site principal. All other staff will be evaluated at least once a year. All employees will be afforded the opportunity to place comments in the appropriate space on the evaluation form. Teachers may submit a response to the evaluation which will be attached electronically to the evaluation document (online). Employees 16

will have an opportunity to add comments on observation hard copy and will be placed in personal file with HR.

26.6 If the principal/administrator identifies a deficiency in the delivery of instructions to the student on the part of the teacher, the teacher and the principal/administrator will work together in an attempt to improve the teacher’s skill set(s) that pertain to his/her job classification. (A 90 day PGP will be put in place as per PED guidance). After the 90 day PGP, the evaluation will be revisited where both parties will be given the opportunity to discuss, finalize or appeal the outcome. 26.6.1 If the supervisor identifies a deficiency in the job performance on the part of all other employees, the employee and the supervisor will work together in an attempt to improve the employee’s skill set(s) that pertain to his/her job classification. (A 90 day PGP will be put in place as per PED guidance). After the 90 day PGP, the evaluation will be revisited where both parties will be given the opportunity to discuss, finalize or appeal the outcome. 26.6.2 Once the teacher knows who their 2nd evaluator will be by October 1st of the school year; the teacher will have one opportunity to present their defense as to why the evaluator may not be impartial. The teacher will have 5 working days to notify their principal/administrator or supervisor of their intentions.

26.7 A committee made up of three administrators appointed by the Superintendent and three bargaining unit employees appointed by the MVFT President may be created. This Committee will meet to discuss any concerns dealing with employee evaluations.

ARTICLE 27 LEAVES - GENERAL PROVISIONS 1. All leave is subject to the approval of the District. 1.1 Time spent by an employee on authorized paid leave of absence shall be counted for seniority purposes. Time spent on any extended unpaid leave shall not be counted for district or classification seniority purposes. However, the time spent on an unpaid leave of absence shall not represent a break in service. 2. An employee granted a leave of absence not to exceed twelve (12) weeks will be returned to the original or to a substantially equivalent position to the position held by the employee immediately prior to the commencement of the leave. Such reinstatement shall not apply when the employee has been affected by a reduction in force or termination action. 2.1 Upon return from any paid leave, an employee shall be placed on the same salary schedule range and step at which the employee held prior to the commencement of the leave. 2.2 Upon return from leave without pay, an employee will be placed on the salary schedule range and step which the employee held prior to the commencement of the leave. 2.3 Upon return from any unpaid leave, the employee shall be credited with the accumulated unused leave benefits which the employee has at the time the employee returns to work. 2.4 While on unpaid leave, qualified employees as per the PED regulations may be afforded the opportunity to have their name placed on the substitute list and to work as a substitute with the District provided the work does not violate the conditions under which the employee was granted leave. 3. While on extended leave of absence without pay beyond the twelve (12) weeks, but not to exceed six (6) additional weeks, the employee will be eligible to actively participate in the District's fringe benefit program, when allowable by regulation and law, by assuming the full

premium cost.

4. An employee who is granted a leave of absence for a portion of the school year must notify the Superintendent in writing of the employee's desire to return to active employment at least thirty (30) days prior to the date of return. 5. Unless otherwise set forth in the agreement, all applications for extended leaves of absence shall be submitted to the Superintendent no later than thirty (30) days prior to the requested commencement of the leave or in the event of an emergency, as early as possible. 5.1 Upon return from any paid leave, the employee shall be credited with the same accrued leave that the employee had at the time the leave commenced, minus any leave taken. 6. During an employee’s absence, the District will take the necessary arrangements that will minimize the disruption of the instructional program to the students. 7. Paid leave may be taken full or half-day increments when a substitute is hired. If no substitute is hired, leave may be taken in one-half hour increments.

ARTICLE 28 BEREAVEMENT/FUNERAL 1. Each employee will be granted a maximum of three (3) paid leave days per school year in the event of each death of an employee's immediate family without deduction from sick, personal, or annual leave. In extenuating circumstances, the Superintendent may grant additional days. These additional days will be charged to the earned sick or personal leave. 2. For the purpose of this article, "immediate family" shall include an employee’s spouse, child, grandchild, parent, sister, brother, grandparents, son/daughter-in-law, sister/brother-in-law, mother/father-in-law, employee’s domestic partner or a child who has been placed under the guardianship of the employee. 3. Bereavement leave is not cumulative and unused bereavement leave will not become sick leave.

ARTICLE 29 EMERGENCY LEAVE 1. Each employee may be granted up to two (2) paid leave days per school year for situations which may arise which are beyond the control of the employee which would require the absence of the employee from their assigned duties. Such leave will be charged to accumulated leave. This leave is subject to the approval of the immediate supervisor. New employees who have not had the opportunity to accrue sick leave, may be granted up to two (2) days of emergency leave with pay subject to the approval of the immediate supervisor. 2. Leave that has been granted under this article will be paid to the District immediately upon accrual.

ARTICLE 30 EXTENDEDLEAVE 1. An employee may be granted an extended leave of absence without pay for a maximum of one (1) year for personal reasons. The leave request shall include a complete explanation of the need for the leave. 2. Any employee who has three (3) or more consecutive years of service with the District will be allowed to retain any leave benefits accrued and/or seniority earned upon return to work.

ARTICLE 31 FAMILY AND MEDICAL LEAVE ACT OF1933 (FMLA). The District shall continue to abide by the Family and Medical Leave Act (FMLA).

ARTICLE 32 LEGAL/JURY DUTY LEAVE 1. Leave with pay will be granted to employees called to serve on jury duty. The employee shall be permitted to retain any travel reimbursement received from the court and any per diem for services rendered to the court before or after the employee’s regular workday. 2. Leave with pay will be granted to employees to attend a legal proceeding in court or an administrative hearing where the employee is either a party to the case or is required by a lawful subpoena to testify. 3. All applications for such leave shall be made to the immediate supervisor or principal. 4. Paid leave will not be granted under this section where the employee is a party against the District. 5. Leave without pay or personal leave, if available, will be granted to an employee to appear in court to assert or protect the employee’s own interest.

ARTICLE 33 LEGISLATURE LEAVE Employees elected to the New Mexico Legislature will be granted leave without pay for the period of time that the legislature is in session, or while the employee is serving in a Legislative capacity.

ARTICLE 34 MILITARY LEAVE The District shall continue to abide by all federal and state statutes, rules and regulations pertaining and/or relating to military service.

ARTICLE 35 PROFESSIONAL/EDUCATION LEAVE 1. Leave of absence with pay may be granted for professional visitation and attendance at job- related meetings, conferences, and training sessions. 2. The reimbursement of expenses will be mutually agreed upon prior to approval of the leave. Any expenditure proposed beyond the amount budgeted for the purpose of the leave must receive prior approval.

ARTICLE 36 SABBATICAL LEAVE Sabbatical may be granted to employees subject to available funds and the approval of the School Board of Education as per the policies of the Public Education Department and the New Mexico Statute, Section22-10a-35.

ARTICLE 37 PAID LEAVE

Nine month employees will accrue three (3) days upfront and will accrue the remaining nine (9) days in equal amounts over the next six (6) months starting with the payroll November 20, 2019. Ten month employees will accrue three (3) days of leave upfront and will accrue the remaining ten (10) days of leave in equal amounts over the next seven (7) months. Twelve month employees will accrue three (3) days of leave upfront and will accrue the remaining twelve days in equal amounts over the next nine months. Twelve month employees will continue to accrue one day of annual leave per month. Bus Drivers will accrue three (3) days up front and will accrue the remaining nine (9) days of leave in equal amounts over the next six months. Unused leave at the end of the work year will be classified as accumulated leave. Leave that has not been accrued must be approved by your Supervisor before taking such leave. The amount of un-accrued leave that you took, shall be deducted from your paycheck or otherwise determined by your Supervisor. 1. Paid leave may be accumulated to ninety (90) days. 1.1 All accumulated leave shall be compensated upon resignation or retirement of employment with the district, at the rate of $60.00 per day for certified employees and $30.00 per day for classified employees. 2. The parties recognize that most employees utilize paid leave in an honest manner. The parties further recognize that the abuse of leave damages the instructional program, employee morale, and the District’s fiscal integrity. 2.1Upon an investigation, an employee who abuses leave may be subject to disciplinary action. 2.2The District and/or Federation will investigate patterns of leave. 2.3Any paid leave taken above and beyond twelve (12) days will result in a dock in pay. 2.4 In an emergency, leave can be donated by an employee to another employee, with final approval by the Superintendent. 3. Leave benefits shall not be paid during any period for which an employee is eligible for worker’s compensation payments, unless the employee has elected in writing to assign pay his workers’ compensation payments to the District for the period during which the leave benefits are paid. 4. At the close of the fiscal year each employee’s accumulation of unused leave shall be calculated. Any employee whose accumulated days equal at least forty (40) but less than eighty (80) shall have $200.00 added to the next year’s employment contract amount, and any employee whose accumulated days equal at least eighty (80) shall have $400.00 added to the next year’s employment contract amount. It shall be made clear that it’s either one or the other, but not both. 5. Abuse of leave in conjunction with holidays is subject to investigation by administration and/or the Federation. 6. This leave could be utilized as sick leave or personal leave. Leave should be requested in advance, such as if an employee will be gone one day, one day advance notice is required, if three days are requested then three days prior notice, etc., except under extenuating circumstances such as illness or personal emergencies. 20

ARTICLE 38 ANNUAL LEAVE 1. All twelve month employees shall accrue eight (8) hours per month. 2. Annual leave shall not be scheduled during an employee's initial six (6) months of employment, nor will an employee be paid in lieu of any annual leave accrual upon termination before completion of six (6) months of employment.

3. Employees with more than six (6) months of service shall be paid any annual leave to which they are entitled upon termination, resignation and retirement not to exceed twenty (20) days. Unused annual leave is cumulative up to a maximum of ninety (90) days. 4. Employees who are entitled to annual leave may request leave subject to the approval of their immediate supervisor. Normally, annual leave shall be scheduled and taken at such time when school is not in session; however, annual leave may be scheduled by mutual written agreement between the supervisor and employee at other times. Employees absent without approved leave may be subject to deduction from their annual leave and/or disciplinary action. Annual leave for five (5) or more consecutive days will be requested ten (10) calendar days prior to the commencement of the requested leave. 5. Annual leave is earned leave computed on the basis of the number of days of service in a given year. 6. When an employee's annual leave is interrupted by the death of a member of the employees, immediate family which has been verified such annual leave shall be rescheduled, subject to the written mutual agreement of the District and the employee.

ARTICLE 39 LAY-OFFS

1. The District has the right to reduce its employment and, if necessary to lay-off employees as a result of a reduction in the bargaining unit work force due to a decrease in student enrollment, decrease in revenue to the District, legislative mandates, PED mandates or changes in instructional and programmatic needs, or in the event of a financial emergency. 2. When the District anticipates a lay-off which might result in the transfer or layoffs of employee(s), the District will notify the Federation, in writing, of the anticipated lay-off. The notice shall include the reasons for the lay-off, the affected programs and employees and the expected date of the lay-off. The notice will be provided at least twenty (20) working days prior to the anticipated implementation of a lay off. 3. Following the issuance of the notice set forth in 2 above, the Federation shall, upon request, meet with the District to discuss possible alternatives to the RIF and the transfer and/or layoff of any employee provided the Federation requests the meeting in writing, to the District no later than five (5) working days after receiving the notice of intent to RIF from the District. 4. The District will first request voluntary transfers and resignations by written notice to the employees in the affected programs or job classifications. Prior to initiating a lay-off, the District will attempt to maintain positions through voluntary and involuntary transfers. 5. If the requests set forth in 4. above do not resolve the problem, the District will notify in writing the employee with the least District wide seniority within the endorsement area and/or job classification affected by the lay-off, that the employee will be laid off. The seniority definition set forth in Article 9 of this Agreement shall be used. 6. A laid off employee shall have the following rights: The employee shall have recall rights for

one (1) year. The District shall offer any bargaining unit position vacancy for which the certified employee is licensed/endorsed to the certified employee. For classified employees, the District shall offer any vacant position within the job classification from which the employee was laid off to the employee. Employees on an eligible recall list shall be recalled in seniority order and shall be entitled to all seniority rights, leaves and benefits (i.e., last off, first recalled).The employee shall maintain a current address and phone number with the District. Failure to provide this information will disqualify the employee for recall rights under this agreement. If the employee is not recalled to employment within the one (1) year recall period, the employee's employment relationship with the district shall be severed, and the District's obligation to provide any employment rights to the employee shall be terminated. 6.1 Upon request of the employee, the laid-off employee will be placed on the District's approved substitute rolls. 6.2 While eligible for recall and not eligible for coverage as an employee of another employer, the employee may continue to participate in the District's health and other insurance programs identified under Article 39 of this agreement. The employee shall assume the total cost of premiums for these benefits in accordance with NMPSIA requirement.

ARTICLE 40 INSURANCE BENEFITS 1. Each employee working 15 or more hours shall be eligible for the benefits provided by the District including medical, dental, vision and long term disability under the New Mexico Public Schools Insurance Authority (NMPSIA). Short term disability insurance is available to the employee upon enrollment. Upon employment with the District, each employee shall be provided a written explanation of the benefits offered to the employees. For those employees who elect to participate in the approved insurance plan(s), the District agrees to continue to contribute that percentage of the premium required by state law and employee's premium co- pay shall be deducted from the employee's paycheck. 2. The District will continue to provide employees the basic life insurance benefits available through NMPSIA, $50,000 non-contributory life insurance coverage. 3. The District shall continue to offer employees open enrollment periods as often as allowed by NMPSIA - Employees will be notified of any open enrollment periods. 4. If an employee experiences any change in family status which necessitates the change in the employee’s coverage status, the employee shall be permitted to make the change in accordance with the New Mexico Public Schools Insurance Authority (NMPSIA) requirements. 5. Each employee working 15 or more hours shall be eligible for the benefits provided by the District including medical, dental, vision and long term disability under the New Mexico Public Schools Insurance Authority (NMPSIA). Short term disability insurance is available to the employee upon enrollment Upon employment with the District, each employee shall be provided a written explanation of the benefits offered to the employees. For those employees who elect to participate in the approved insurance plan(s), the District agrees to continue to contribute that percentage of the premium required by state law and employee's premium co-pay shall be deducted from the employee's paycheck. 6. The District will continue to provide professional liability and limited criminal defense coverage for employees in accordance with NMPSIA regulations. The District will continue to provide Workers Compensation coverage as required by law. 7. Subject to applicable laws and regulations, the District will continue to provide employees the right to participate in the Internal Revenue Code Section 125, Cafeteria Plan. 8. Employees shall be permitted to invest and pay premiums in tax sheltered annuities accounts 22

and life insurance programs through payroll deductions. Deductions will be made and forwarded to the investment company. 9. Employees will be informed of the process for maintaining their insurance coverage for long term leave of absence and/or separation of employment. 10. The Federation and the District shall meet periodically at the request of either party to discuss the implementation and experience of the group insurance plans. The District shall provide the Federation with all data and documents related to the plans and the plan experience not considered confidential by an administrative agency of competent jurisdiction. 10. Management will continue to work on the Resolution required to attain benefits for Domestic Partners under this Article.

ARTICLE 41 RE-EMPLOYMENT NOTIFICATION All classified employees, including Educational Assistants, shall be notified, in writing, of their reemployment or termination 15 days before the last day of the school year. Certified employees shall be notified in accordance with the law.

ARTICLE 42 SALARY PROCEDURE The current rates of pay, for the Educational Assistants, in effect on June 30, 2018 will be increased by 2.0% ATB effective July 1, 2018. The current rates of pay, for all other CLASSIFIED bargaining unit employees, in effect on June 30, 2018 will be increased by 2.0% effective July 1, 2018. The current rates of pay, for all Certified bargaining unit employees will be increased by 2.5% effective July 1, 2018. The current rate of pay for certified and classified employees will be increased by 6.0% effective July 1, 2019.

1. Each certified employee shall be paid in accordance with the approved salary schedule set forth in this agreement's Appendix unless otherwise indicated herein. 1.1 Subject to negotiations between the parties, certified employees shall receive one (1) year of experience on the salary schedule for each year of approved District or approved out of district experience. 1.2 Certified employees shall be compensated for additional training in accordance with the approved salary schedule incorporated in this Agreement's Appendix. 1.3 Certified employees will be paid every other Thursday at the end of the work day. The last payroll of the fiscal year and all summer checks will be issued on June 30th of that calendar year. If a pay date falls on a holiday or a day during an extended break, the employee shall be paid on the last work day immediately preceding the weekend, holiday or break.

1.4 District employees may not request early release of their pay checks. 2. For the purpose of this section, a year of out-of-district experience shall be defined as at least ninety (90) workdays of experience as defined by the reporting institution as a certified employee with another public school, a public college, a university or private school which is accredited by a recognized accreditation agency. A maximum of ten (10) years of verifiable experience shall be allowed at the time of initial employment. A year, for a licensed instructor hired effective beginning the second semester of a school year shall be defined as ninety (90) days. 3. Notice of planned course work that will result in a pay increase will be submitted by the employee to the Superintendent by March 1st prior to the anticipated increase. A certified employee shall receive credit on the salary schedule for training provided the certified employee

requests that official transcripts or the registrar's affidavit be sent from the universities or colleges to the District Central Office which corroborate the date, the degree, or hours were earned. The certified employee will be credited on the approved salary schedule for the additional degree or hours provided degree/course complete verification received by the District's Central Office no later than October 1st. 3.1 Certified employees shall begin receiving salary schedule compensation no later than the first pay period in October. Such compensation shall be paid retroactive to the beginning of the school year. 4. Employees will be paid twenty six (26) times a year. The first pay period shall be on the last pay period of August. They will be paid every other Thursday. If a pay date falls on a holiday or a day during an extended break, the employee shall be paid on the last work day immediately preceding the weekend, holiday or break. District employees may not request early release of their pay checks. 4.1 If a certified employee leaves employment prior to the end of a school year, the certified employee salary shall be prorated based on the number of days worked. 4.2 Certified employee’s final payroll check will be disbursed on the last day of June. 4.3 Sick leave accrual time will appear on monthly check stubs. 5. Employees shall be paid salary increments for additional services described in the Appendix of this Agreement. 5.1 Stipends will be paid on the employees regular payroll check at the end of each semester or at the conclusion of the assignment. Such compensation shall not be paid until the services have been rendered.

6. When a certified employee is required to use a personal automobile for District instructional duties or District mandates to travel between job sites, such miles shall be compensated in accordance with the mileage and per diem act. Such computation for mileage shall not apply if the employee travels between worksites after reporting to the first worksite and such travel does not increase the miles the employee would have traveled to and from home to the first worksite.

CLASSIFIED 1. Each employee shall be paid in accordance with the approved salary schedule column and step assigned to the employee. 1.1 Subject to negotiations between the parties, employees will receive up to ten (10) years of experience within the salary schedule. For the purses of this section, a year of service shall be defined as at least one-half (1/2) the employee's normal regular work year. When there is a move for a classified to a certified position, the employee will be placed on the beginning step of the appropriate salary schedule. At the time of initial employment, new employees will be placed on the beginning step of the appropriate salary schedule. 1.2 Classified employees, excluding custodians, final payroll check will be disbursed on the last day of their work calendar. 1.3 Classified employees will be paid every other Thursday at the end of the work day. The last payroll of the fiscal year and all summer checks will be issued on June 30th of that calendar year. If a pay date falls on a holiday or a day during an extended break, the employee shall be paid on the last work day immediately preceding the weekend, holiday or break. District employees may not request early release of their pay checks.

2. PAY PERIODS 2.1 Classified employees who work one hundred sixty (160) days shall be paid their

annual salary in twenty-six (26) equal installments. 2.2 Classified employees who work one hundred ninety-five (195) days shall be paid their annual salary in twenty-six (26) equal installments. 2.3 Classified employees who work two hundred two (202) days shall be paid then- annual salary in twenty-six (26) equal installments. 2.4 Classified employees who work two hundred forty-one (241) days shall be paid their annual salary in twenty-six (26) equal installments every two weeks. Employees who begin their work year at the beginning of the school year, their first pay check shall be on the last pay period of August.

3. Classified employees will not be required to use their personal vehicles for School District business during the work day.

ARTICLE 43 EMERGENCY CALL OUT/BACK TO WORK

Whenever a custodian is called/requested to report for work after completing their normal work day or day off, such employee’s pay will begin immediately. Both parties will document the current time of the day or night and will be paid from that moment on, and until the custodian has completed the task he/she will be requested to return to work for.

ARTICLE 44 COACHING CONTRACT ADDENDUM An employee shall be required to sign a coaching addendum when accepting assignments in coaching. An employee who resigns a coaching assignment does not resign employment with the District. Such contracts containing a coaching addendum shall be in full force and effect for the school year. If the employee initiates action to discontinue or terminate an extra-curricular and/or coaching assignment during the term of a contractual school year, such action will be subject to the addendum and the employee teaching or classified contract. The employee may request, in writing, to the School Board to be released from the extra-curricular and/or coaching contract assignment. If the School Board agrees to honor the written request, such action will constitute action initiated by the School Board and the employee’s teaching or classified contract will not be affected. If the School Board does not honor such written request, the employee will continue to fulfill the specific assignment of that extra-curricular and/or coaching assignment for the duration of the current contractual school year.

ARTICLE 45 GRIEVANCE PROCEDURE 1. PURPOSE The purpose of this grievance procedure shall be to secure, at the lowest possible administrative level, resolutions to problems which may arise. 2. DEFINITIONS 2.1 A "grievance" shall be defined as a dispute pertaining to a claim which alleges a violation or misinterpretation of this Agreement. 2.2 A "grievant" shall be any employee, group of employees, or the Federation. 2.3 A "party" in interest, shall mean any witness24 at a grievance hearing, a person against 25

whom the action is taken, a person who initiated the action or a person who may be impacted as a result of any action taken to resolve a grievance. 2.4 "Days" shall mean workdays and shall not include holidays or recesses observed by the District. During the summer months, "days" shall mean Monday through Friday except for Independence Day. 3. PROCEDURES 3.1 Grievance proceedings shall be kept informal at all levels of this procedure. 3.2 The number of days indicated at each level of this procedure shall be considered maximum, and every effort shall be made to expedite the process. 3.3 If the District fails to comply with the time limit requirements as set forth under any of the procedure's level of the grievance the matter will be adjudicated in favor of the union. 3.4 If the grievant fails to comply with the time limit requirements as set forth in these procedures, the grievance shall be considered null and void. 3.5 The time limits set forth herein may be extended by mutual written agreement of the parties. 3.6 A grievance shall not be considered unless the grievant initiates the grievance no later than ten (10) working days after the grievant knew or reasonably should have known of the action which precipitated the grievance. 3.7 A grievant may be accompanied and represented by the Federation at any hearing or meeting conducted under this procedure. The party in interest against whom the grievance has been filed may be accompanied and represented by a representative of the parties choice at any hearing or meeting conducted under this procedure. 3.8 No reprisal or retaliation by any party to the grievance shall be taken against either a grievant or a party in interest, including witnesses for management, as a result of participation by the grievant or the party in interest in the processing and the proceedings of a grievance. 3.9 An employee, acting individually, may present a grievance without the intervention of the Federation provided the grievance has been processed in accordance with this procedure. At any hearing of a grievance brought individually by an employee, the Federation, as a party to this Agreement, will be afforded the opportunity to be present and present its views. Any adjustment shall be consistent with the provisions of this Agreement. 3.10 If a grievance affects a group of two (2) or more employees or involves an action or a decision by the District which has a system wide impact, the Federation may submit the grievance on behalf of the affected employees. 3.11 The parties shall cooperate in any investigation which may be necessary in order to expedite the process. 3.12 All documents related to a grievance shall be maintained as a permanent file separate from the employee's personnel file. File maintenance documents and documentation related to an employee’s performance or discipline which were introduced during the grievance process may be filed in the employee's personnel file unless they are removed as part of the grievance redress. 3.13 All grievances and grievance responses shall be processed in accordance with this Agreement. 3.14 Unless otherwise agreed to by the parties, the processing of grievances shall be conducted before or after the grievant work day. 3.15 All grievances shall be processed in accordance with this Agreement. This is the only grievance procedure available to the parties covered by this agreement.

4. INTERNAL STAGE 4.1 The grievant and the immediate supervisor shall first meet and discuss the grievance with the objective of resolving the grievance within 10 working days. If the grievance is not resolved with the immediate supervisor, the grievance shall be filed in writing with the Superintendent no later than ten (10) working days after the meeting with the immediate supervisor. 4.2 No later than ten (10) working days after receipt of the written grievance, the Superintendent shall schedule a meeting in an attempt to resolve the grievance. Each party shall be entitled to bring documents and/or witnesses to the meeting in order to present evidence on their behalf. Each party shall have the right to cross-examine witnesses brought by the other party. 4.3 No later than ten (10) working days following the close of the Superintendent's meeting, the Superintendent shall submit to the grievant and the Federation a written response to the grievance. 4.4 If the grievant and the Federation are not satisfied with the Superintendent’s written decision, the Federation may submit the grievance to the MVCS School Board of Education no later than ten (10) working days upon receipt of the Superintendent’s written decision. 4.5 The Board shall review the decision and either accept, reject or modify the recommendation of the Superintendent at its next regularly scheduled board meeting. The Board shall, at its own discretion, conduct a hearing of its own at a Special Board Meeting, and issue a written decision to the grievant and the Federation no later than five (5) working days following the close of the Board meeting. The application of this subsection is subject to the legal advice of the School Board attorney. 4.6 The parties may extend the time limits by written agreement.

5. EXTERNAL STAGE

5.1 If the grievant and the Federation are not satisfied with the MVCS Board of Education’s written decision, the Federation may submit the grievance to mediation with the Federal Mediation and Conciliation Service. Participation in mediation is on a strictly voluntary basis. If either party serves written notice to the other party of their intent to withdraw from mediation, the Federation may, within ten (10) days of such delivery of written notice of withdrawal proceed to arbitration. Such written request for arbitration shall be submitted to the Superintendent no later than ten (10) working days following receipt of the Superintendents' written grievance response, or notice of cancellation/completion of mediation. 5.2 The arbitrator will be selected from a list of seven (7) arbitrators requested from the Federal Mediation and Conciliation Services (FMCS). The parties shall alternatively strike names until there is one name that remains and that shall be the arbitrator. A flip of a coin shall determine which party shall strike the first name from the list of arbitrators. 5.3 The arbitrator shall conduct a hearing as soon as possible and shall have the authority to issue subpoenas for the production of documents and the testimony of witnesses. 5.4 The arbitrator’s decision shall be final and binding on the parties. 5.5 The arbitrator’s fees and costs shall be shared equally by the parties. All other expenses shall be assumed by the party incurring the costs, including the costs of witnesses, unless determined otherwise by the arbitrator.

ARTICLE 46 NEGOTIATIONS PROCEDURE

1. Negotiations for a successor agreement may be initiated by either party by submitting a written notice to the opposite party requesting the commencement of negotiations. The written request shall be delivered to the other party no later than April 1, 2020. 2. On the reopener of a multi-year agreement each team shall have no more than five items for negotiations every year, besides the four other mandatory items which are; the school calendar, employee’s salaries, introduction day the agreement was entered into and the duration date of the collective bargaining agreement. 3. Negotiations shall be conducted in closed session. 4. Additional negotiations ground rules may be negotiated by the parties. 5. During negotiations the parties shall meet at mutually acceptable times and places for negotiations. 6. All agreements reached by the parties shall be initialed as tentative agreements. Tentative agreements shall not become effective until the entire negotiations package has been ratified by the parties. 7. Each team will choose their own negotiating team. Each team will consist of no more than four (4) members. Each team will be allowed one alternate member who will be utilized only if a team member leaves the negotiating team permanently. 8. If an impasse is reached, the parties agree to use the impasse procedures as outlined in the Public Employees Bargaining Act (PEBA).

ARTICLE 47 Sick Leave Bank 1. The District and the Federation recognize the need for an available pool of sick leave days upon which eligible Bargaining Unit Employee having experienced benefit eligible catastrophic illness or injuries may draw. To this end, the District and the Federation are in the process of a self – funded Sick Leave Bank. All the claims are subject to approval of the Sick Leave Bank Committee. Intermittent leave will be addressed according to FMLA law. 2. Eligibility a To be eligible for participation in the Sick Leave Bank (SLB), a bargaining unit employee must voluntarily contribute each pay period, through payroll deduction, a sum which is designated by the joint Sick Leave Bank Committee. All money contributed to the SLB is nonrefundable. If at any time the District and the Federation agree that the (SLB) is not solvent, the joint committee will decide how any money remaining in the bank will be distributed. 3. Membership a Any bargaining unit employee shall be afforded the opportunity to participate within sixty (60) days after beginning employment or within sixty (60) days of the beginning of any succeeding school year. Part-time Bargaining Unit employees shall be eligible for benefits on a pro-rata basis. Once enrolled, membership will be for an entire school year. A request to withdraw from participation in the bank must be submitted to the SLB Committee within ten (10) workdays of the first Bargaining Unit employee workday of the following contract year during open enrollment period during the month of September.

4. Administration a The SLB Committee shall consist of three (3) members appointed by the Federation and District personnel for consultation as necessary. An eligible Bargaining unit employee may apply to the SLB Committee for withdrawal of days consistent with the guidelines established by the joint SLB Committee. Guidelines may include a minimum number of days which must be accrued before SLB coverage begins. Applications to the Committee shall be in writing and be accompanied by a physician’s statement describing the illness or injury and anticipated date of return to work. The SLB Committee will review all applications for withdrawal of days. The decision of the Committee shall be final and not subject to the grievance procedure. The committee shall submit an operation report to the District and the Federation on an annual basis. 5. Other Conditions a Sick leave days from the bank may be drawn only for those days of the school year as identified in this Agreement. Bargaining Unit Employees on leave of absence are not eligible to access benefits in the bank. Bargaining Unit Employees on a leave of absence are not eligible to enroll in the sick leave bank until reinstated to active status.

ARTICLE 48 REQUISITIONS The District will continue to provide employees with a copy of requisition procedures.

ARTICLE 49 COMMITTEE The Federation shall appoint an equal number of Federation representatives to all District or site committees as there are non-Federation representatives.

ARTICLE 50 COPIES The parties shall each publish and post this Agreement on their respective websites and a copy of this Agreement shall be available at each school site, Principal’s office, Library and Central Office.

ARTICLE 51 SEVERABILITY If any provision of this Agreement is determined, by a final order of an administrative agency or court with jurisdiction over the parties, to be contrary to law the affected provision shall be rendered null and void. All other provisions not affected by the illegal provision shall remain in full force and effect. The provision determined to be contrary to law shall be renegotiated by the parties provided either party submits a request to reopen negotiations no later than thirty (30) calendar* days after the parties knew or reasonably should have known that the provisions were contrary to law.

ARTICLE 52 DURATION This agreement is effective on the first full pay period following ratification and signature by the

parties and shall remain in full force and effect through June 30, 2020. Negotiations for a successor agreement shall occur according to Article 46. This Agreement replaces any and all previous agreements by the parties.

ARTICLE 53 SIGNATURES IN WITNESS WHEREOF, the parties hereto affix the signatures of their respective officers and representatives

MESA VISTA FEDERATION OF MESA VISTA CONSOLIDATED TEACHERS SCHOOL DISTRICT

DATE DATE

MESA VISTA CONSOLIDATED SCHOOL DISTRICT NO. 6

"AT WILL" EXTRA-CURRICULAR INCREMENTS 2018-2019 School Year

TITLE Increment Amount

ATHLETIC/ACTIVITIES COORDINATOR (IF MORE THAN ONE PERSON, INCREMENT WILL BE SPLIT) $ 5,000.00 (Director, Coordinator, Administrator and supervisor of ALL After School Mesa Vista andMiddle High School Extra-curricular Athletic Activities. Supervision of Home (80%Activities/Games Athletic Director for Sports and 20% Activity Coordinator for academic competitions and other sponsorship)

"A" "B" AND "CM BOYS BASKETBALL COACH (NMAA) (Mesa Vista High School) $ 5,000.00

"A" "B" AND "C" BOY’S BASKETBALL ASSISTANT COACH (NMAA) $ 4,000.00 (Mesa Vista High School)

"A" "B" AND "C" GIRL’S BASKETBALL VARSITY COACH (NMAA) $ 5,000.00 (Mesa Vista High School)

"A" "B" AND "C" GIRL’S BASKETBALL ASSISTANT COACH (NMAA) $ 4,000.00 (Mesa Vista High School)

BOY’S AND GIRL’S CROSS COUNTRY COACH (NMAA) $ 1,500.00 (Mesa Vista Middle and High School)

BOY’S AND GIRL’S CROSS COUNTRY ASSISTANT COACH (NMAA) $ 750.00 (‘Mesa Vista Middle and High School)

BOY’S & GIRL’S TRACK AND FIELD COACH (NMAA) $ 1,500.00 (Mesa Vista Middle & High School)

BOY’S & GIRL’S TRACK AND FIELD ASSISTANT COACH (NMAA) $ 725.00

(Mesa Vista Middle & High School)

VARSITY GIRL’S VOLLEYBALL HEAD COACH (NMAA) (Mesa Vista High School) $ 1,500.00

Junior Varsity Girl’s Volleyball Head Coach (NMAA) $ 1,000.00 (Mesa Vista Middle School)

VARSITY GIRL’S VOLLEYBALL ASSISTANT COACH (NMAA) (Mesa Vista High School) $ 725.00

BOY’S BASEBALL VARSITY HEAD COACH (NMAA) $ 1,500.00 (Mesa Vista Middle and High School)

JR. & SR. VARSITY BOY’S BASEBALL ASSISTANT COACH (NMAA) (Mesa Vista Middle and High School) $ 725.00

JR./SR. VARSITY CHEERLEADER SPONSOR (NMAA) (Mesa Vista High School) $ 1,500.00

7TH AND 8TH BOY’S BASKETBALL COACH (NMAA) (Mesa Vista Middle School) $ 1,000.00

7TH AND 8TH GIRL’S BASKETBALL COACH (NMAA) (Mesa Vista Middle School) $ 1,000.00

EL RITO ELEMENTARY BOYS & GIRLS BASKETBALL COACH $ 500.00

OJO CALIENTE ELEMENTARY BOYS & GIRLS BASKETBALL COACH $ 500.00

MESA PROGRAM SPONSOR #1 (Mesa Vista Middle & High School) 20 Students $ 2,000.00

MESA PROGRAM SPONSOR #2 $ (Mesa Vista Middle High School) 20 Students

FUTURE FARMERS OF AMERICA (FFA) SPONSOR (NMAA) (Mesa Vista Middle and High School) $ 2,000.00

STUDENT COUNCIL SPONSOR (NMAA) $ 1,000.00 (Mesa Vista Middle & High School)

$ 500.00 ENGLISH SPELLING BEE SPONSOR (4th, 5th, 6th Grade District Wide)

ENGLISH SPELLING BEE SPONSOR (7th & 8th Grade District Wide) " $ 500.00

SPANISH SPELLING BEE ELEMENTARY SPONSOR (4th-6th) $ 500.00

SPANISH SPELLING BEE SPONSOR (7th-8th) $ 500.00

Yearbook $ 500.00

Bilingual Council ($300.00 per staff) $ $

NOTE: Number of activities or scheduled events to be set and approved by Athletic Director, Activity Coordinator and Elementary, Middle and High School Principal(s), as applicable

38 35

Appendix E 36

Appendix E 35

Appendix G 38

Mesa Vista Federation of Teachers Grievance Form

Grievant ______Filed by______

Position ______Date of Filling______

Location ______Stage______

Date of alleged incident/violation______

Section/Article of contract claimed to have been violated______

Name of Individual/Group suspected of violation______

Date of informal meeting with supervisor______Remedy requested______

______

Signatures

Grievant______

Federation Representative______

Management______

Date Management received______Attach additional documents as necessary Attach ail written responses Attach written request for mediation/arbitration 51