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. 1 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