Bargaining

Collective Bargaining Agreement
On May 10, 2022, Unite Summit and Summit reached a settlement of our first collective bargaining agreement (CBA). Below is a summary of all of the articles in that agreement. Linked here is an almost-complete version of our CBA (pending copy-editing).

Assignability

  • If the corporate structure of SPS changes, the contract stays the same.

Assignment, Transfer, Reassignment

  • Teachers can request a transfer any time a vacancy exists. If teachers meet minimum qualifications of the vacancy, they will be considered and interviewed.
  • No teachers can be involuntarily transferred
  • By May 1st, SPS will provide teachers a list of all courses to be taught in the next school year (including expeditions)
    • If teachers and ED come to consensus on course assignments + loops, they will be final BUT if they cannot reach unanimous consensus, the ED will make the final decision.
    • Teachers will be notified of their next year’s assigned courses by the last day of the school year.

Calendar, Hours of Employment, and Work Year

  • Work Year
    • 196 total days for returning teachers/199 total days for new teachers*
    • 180 instructional days (includes 2 new minimum days for PLPs)
    • 2 pupil free days for PLPs*
    • 10 professional development days* (virtual February PD)
    • Teachers must participate in Back to School Night, 1 celebration of learning, graduation, End of Year Awards, and Study Trip* (exceptions are allowed with ED)
    • Teachers don’t have to teach more than 2 core courses in one year
  • Work Week/Work Day
    • 40 hour work week; cannot start before 8am or go past 5pm
    • 30 minutes duty-free lunch (included in the 40 hour week)
    • An average of 192 protected prep time minutes every week
    • All meetings (IEP/504/SST/etc.) must take place during the work day.
  • Bell Schedule
    • Consensus process before May 1
      • Schools can decide how to use after school time per the consensus process
    • If no consensus can be reached, ED makes decision
    • COO (Home Office) can veto but only if the schedule violates legal requirements or facilities agreements.
  • Ed Specialists
    • Can be mentors if they choose to be
    • 15 hours a month of prep for IEP meetings + collaboration
    • Cannot support more than 2 grade levels unless they agree
    • Must be notified of any changes to the special education program

Class and Caseload Size

  • Average class size per teacher cannot exceed 29 students
    • Remedy: $340 per student per semester for the average exceeding 29 students
  • Mentor groups cannot exceed 28 students
  • Ed specialist caseloads cannot exceed 27 students
  • Compensation and Benefits
    • Salary
      • SPS will readjust the salary schedule every year*
      • Salary schedule will have a low/medium/high category* and experience stipends*
      • No members pay will be decreased
      • Automatic step increases (your ED can no longer deny you a raise)*
    • Retention Bonus
      • $1000 in October 2022
      • $1000 in May 2023
    • ELD Stipends
      • Teachers who teach ELD will receive $1000 per year or a reduction in workload upon mutual agreement
      • Middle School ELD courses cannot exceed 17:1
      • High School ELD courses cannot exceed 20:1
    • New hires who complete the week-long summer Summit Learning Program will receive a $1000 stipend*
    • Benefits same as current plan*
  • Discipline and Dismissal
    • Discipline must be confidential and be investigated. The investigatory process has clear and fair steps.
    • All teachers have a right to union representation
    • Progressive Discipline Steps:
      • Verbal Warning (email)
      • Written Reprimand
      • Dismissal
    • All decisions are allowed to be grieved (see Grievance article)
    • For a list of actions that a teacher could be disciplined for, see Discipline article
  • Employment Status
    • After 2 years of service with SPS, teachers will be moved out of probationary status BUT an ED can make a decision before April 15th to extend the probationary period for one more year. They must meet with you to let you know.
    • For probationary employees, non-renewal of employment is at-will and you will be notified before April 15th if are you going to be brought back for the next year
    • After your probationary period, you automatically get to return every year, unless you are terminated for cause or poor performance. Summit must follow the discipline article to terminate you and you have the right to appeal your termination to a neutral arbitrator.
  • Evaluation
    • A coach will evaluate teachers and they will be placed in Tier 1, 2, or 3
      • Tier 1 – The coach believes that the teacher is meeting basic expectations of your role and are making progress and improvement
      • Tier 2 – The coach believes that the teacher is not meeting basic expectations of the role. They must write where the teacher can improve and what supports they will provide to get them there
      • Tier 3 – If, after an appropriate amount of time, the teacher does not meet Tier 2 expectations/plan for improvement, they will be placed in Tier 3. A teacher and their coach must meet to create a reasonable timeline and get additional and differentiated one-on-one assistance to meet the goal.
    • Failure to meet Tier 3 expectations can be cause for termination
    • For a list of job duties, look at section 2 of the Evaluation article
  • Grievance and Arbitration
    • Teachers can grieve the process, misapplication, or violation of this CBA.
    • Teachers have a right to union representation
    • Levels are increasing in nature 
      • Level 0 – Informal Grievance first to an administrator. If the teacher and union representative do not believe it was resolved appropriately, they can escalate to the next level.
      • Level 1 – Grievance to supervisor or administrator. If the teacher and union representative do not believe it was resolved appropriately, they can escalate to the next level.
      • Level 2 – Grievance to a Grievance Committee made up of 6 members (3 from Unite Summit and 3 from SPS). The committee will make a recommendation(s) to the CEO who will issue a decision. If the teacher and union representative do not believe it was resolved appropriately, they can escalate to the next level.
      • Level 3 – Arbitration. In this final step, an outside neutral arbitrator will be assigned to review the CBA and the violation. Both parties will participate in the hearing and the arbitrator will give a written decision.
    • If a teacher is dismissed and Unite Summit wants to grieve the decision, they will skip straight to Level 2, the Grievance Committee on an expedited timeline.
  • Health and Safety
    • Employer must provide clean, safe, and well maintained places of employment. Teachers cannot be asked to work in unsafe/hazardous conditions.
    • Teachers must keep classrooms and workspaces clean and organized with unobstructed walkways + doorways and keep hazardous material locked
    • Each school site must have access to potable water and bathrooms must have soap.
    • Each school site must have emergency + health supplies
    • Each school site must have lactation facilities, parking, a space for teachers to lock their personal property and (if possible) a faculty lounge
    • Each school site must have gender neutral bathrooms available for staff. (new school sites must have at least 2 gender neutral bathrooms)
    • SPS can temporarily close any school site if it is forced to by local or state laws and regulations (natural disasters/quarantine/power outage/poor air quality/etc.)
      • If a school site is closed for these reasons, SPS will continue to pay their teachers. If make up days are required, they will bargain with the union.
    • Teachers can stay on campus after work hours if they choose
    • If a teacher can no longer work at SPS because of immigration status, they will be eligible for reemployment for a year while they figure out their situation. If the position is no longer available they will be offered another similar position.
  • Layoff and Recall
    • SPS must notify the union of its proposed layoffs by March 15th for the upcoming year.
    • If layoffs must take place they will be done in this order within a content area + school:
      • 1st – teachers without a preliminary teaching credential
      • 2nd – teachers without a clear teaching credential
      • 3rd – reverse seniority (newest teacher laid off first)
      • If two+ teachers have the same seniority, it will be decided by random lottery
    • If teachers are laid off, they will be placed on a recall list for 1 year. If a position becomes available at a school, they have the first right to return in the reverse order listed above.
  • Leadership Rights
    • SPS has the right to direct, lead, and control its operations to the fullest extent of the law.
    • In an emergency (narrowly defined), SPS can take action only if it is impossible to respond to the emergency under the provisions of the contract. Importantly, the Savings article of the contract allows us to make modifications or side letters to our contract if both Unite Summit and Summit agree to do so. Also, the Health and Safety article allows Summit to unilaterally close schools in case of emergency (like a wildfire). We believe these two provisions of the contract meet Summit’s needs and are what’s best for students and teachers. However, if Summit does use its rights as an employer during an emergency, it must begin bargaining with Unite Summit over the effects/impacts of that emergency within 2 days. If no agreement can be made, bargaining can escalate to mediation/fact-finding/potential strike. Any disputes about Summit’s interpretation or application of this emergency language can be challenged through the grievance process.
  • Leaves of Absence
    • 3 sick days a year* (do not carry over)
    • Take what you need* (personal days)
      • Union will receive receipts so that they may evaluate for bias
    • Can take one take what you need day without prior approval with two exceptions: 1) it is a work day immediately before or after a holiday 2) if 4+ members in MS or 5+ members in HS are already scheduled to be out that day
    • 5 days of bereavement leave
    • 8 days of judicial leave
    • 4 weeks fully paid family leave. Can be combined with wage replacement benefits from the state.
    • 2 hours off for voting
  • Negotiation Procedure
    • We will begin negotiations no later than February 2025 (our contract expires June 30, 2025) for the next contract
  • Organizational Security
    • Details how dues are deducted
  • Professional Development and Training 
    • Induction will be provided by Summit and will be free*
    • All teachers must have a PLP with their coach
    • SPS will create a committee of at least 3 teachers (including 1 expeditions teacher) to plan PD for the year
    • Yearly PD topics:
      • Special education + differentiation and best practices
      • Special education for Education Specialists
      • English Language Development + supports for EL students
      • De-escalation techniques
      • Mental health
      • Mentoring
    • Over the next three years, SPS must provide PD on these topics at least once:
      • Anti-bias/anti-racist training
      • Interacting with law enforcement including ICE agents
      • Trauma-informed teaching
      • Protection of teacher and student data
    • Every school site must have 2 meetings in an academic year to assess if the needs of students are being met by mental health counseling staff and can make a plan if needs are not being met, which may include adding more staff.
  • Recognition
    • Describes which positions are covered by our union
    • Allows for very limited subcontracting of Special Education services if EDs can’t hire enough Education Specialists
    • Continues current practice of allowing subcontractors for Expeditions, while protecting Expeditions jobs
  • Savings and Separability
    • If part of this agreement becomes illegal (due to a change in the law, for example) we can negotiate replacement language
    • Our contract can be changed or added to at any time if Unite Summit and Summit both agree to do so.
  • Technology, Resources, Curriculum
    • All teachers will be provided adequate curriculum and materials for students
    • Teachers must be trained on all required technology
    • Teachers must notify the ED if they do not have adequate curriculum or technology in writing. The ED/SPS has 10 work days to rectify the issue
  • Term
    • Contract runs from July 1, 2022 to June 30, 2025. We have a “bridge” MOU to provide job security for teachers May 10-July 1, 2022.
  • Union Rights
    • Our union leadership has up to 22 days a year to engage in union activities
    • Unite Summit has time to present to new hires during orientation 
    • Union reps have the right to represent members without loss in pay
    • Unite Summit can use SPS email and facilities (during non-work hours)

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