SECTION A: Purpose

1. These Agreements are entered into the 1st day of September, 2004 and the 1st day of September, 2006 by and between the Seattle Public Schools (aka Seattle School District No. 1), hereinafter called the "SPS,” and the Seattle Education Association, hereinafter called the "SEA," representing the educational office staff of the Seattle Public Schools defined in Article I, Section B.

2. The SPS and the SEA, as the exclusive representative of the educational office employees covered by this Agreement, have a mutual responsibility to bargain in good faith in an effort to reach agreement in accordance with Chapter 41.56 RCW, and,

3. The SPS and the SEA have reached certain understandings which they desire to confirm in this Agreement.

SECTION B: Recognition

1. The SPS recognizes the SEA to be the sole and exclusive bargaining agent for the educational office personnel in the bargaining unit and to be responsible for representing the interest of all such employees, pursuant to Chapter 41.56 RCW, Public Employees Collective Bargaining Act, as amended.

2. Throughout the remainder of this Agreement, the employees covered hereunder will be referred to collectively as the "bargaining unit" and individually as "member" or as "employee."

3. The employees in the bargaining unit shall consist of employees who work in positions listed in Appendix B of this Agreement. Substitute employees are included in the bargaining unit. Confidential employees as defined in RCW 41.56.030 and applicable WAC regulations and persons rendering voluntary, non-compensated service are excluded from the bargaining unit.

4. Casual/temporary employment shall not be used in lieu of filling a vacant represented position or to avoid creating a represented position. Casual/temporary employees shall not be used to fill vacant bargaining unit positions unless there are no qualified classified substitutes available. In the event that casual/temporary employees are used in lieu of classified substitutes represented by SEA, the SPS shall notify the SEA of such use.

5. Excluded from the bargaining unit are the confidential employees whose position titles are listed in Appendix C, in accordance with the definition of "confidential employee" in RCW 41.56.030 and applicable WAC regulations. The SPS shall periodically furnish the SEA with the names of such employees. Amendment of Appendix C shall be accomplished by following the same procedures set forth in this Section for amendment of Appendix B.

6. Whenever the SPS modifies the job title or the job description of any position listed in Appendix B, it shall furnish the text of such change to the SEA and Appendix B shall be considered as thereby amended to that extent. Should the SPS desire to delete a modified or discontinued job title from Appendix B, it shall so advise the SEA in writing giving the reasons. If the SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to that extent. Any dispute between the parties over proposed exclusion of job titles not resolved by direct negotiations shall be resolved in accordance with the unit clarification procedures of Chapter 391-35 WAC.

7. Whenever the SPS creates a new job title and job description relating to office clerical work of the general type already included within the bargaining unit, it shall furnish the text of same to the SEA with a request that it be added to Appendix B provided:

a. The positions to be filled under such title are to be regular positions.

b. The positions to be filled are not confidential, as defined in Item 5 above.

c. The positions to be filled are not funded categorically under a program which has regulations either prohibiting such addition to the unit or which otherwise establish a separate community of interest among the employees to be added.

If the SEA concurs, it shall confirm this in writing and Appendix B shall be considered as thereby amended to that extent. Any dispute between the parties over proposed inclusion or exclusion of job titles not resolved by direct negotiations shall be resolved in accordance with the unit clarification procedures of Chapter 391-35 WAC.

SECTION C: Application of Agreement

1. If any provision of this Agreement or any application of this Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect for the term of this Agreement. Adjustment or modification of any provisions of this Agreement found to be contrary to law will be subject to mutual agreement that it is necessary to utilize the provisions of Chapter 41.56 RCW. This Agreement may be altered, changed, added to, deleted from, or modified only in writing following the voluntary, mutual consent of the SPS and the SEA. Neither party shall be required to negotiate or bargain on any issue during the term of this Agreement, except as otherwise provided in this Agreement.

2. Policies, rules, regulations, procedures and practices of the SPS in effect on the effective date of this Agreement dealing with matters of wages, hours, and terms and conditions of employment, published by the SPS, and not in conflict with the provisions of this Agreement shall remain in full force during the term of this Agreement, unless modified by mutual agreement of the SPS and the SEA. The SPS reserves the right to make, adopt and implement other policies, rules, regulations and procedures not in conflict with this Agreement.

3. Except as otherwise provided in this Agreement, this Agreement is complete in and of itself and sets forth all terms and conditions of the agreements between the SPS and the SEA pursuant to Chapter 41.56 RCW.

4. Unless otherwise provided herein, this Agreement shall not be interpreted or applied so as to reduce hours and/or days for employees during the period funding sources continue for supporting such employee's jobs. If funding for specific programs should diminish during the course of the year, some personnel would be laid off, rather than reduction of the hours.

SECTION D: Leave Provisions for SEA Officers

1. The SPS shall make appropriate leave provisions for officers of the SEA to carry out activities necessary for the organization to fulfill its legal responsibility of bargaining representative of employees. The SPS and the SEA recognize that these leave provisions for SEA officers are provided to meet the organization's representation responsibilities. Financial arrangements for this leave shall be consistent with the provisions of Chapter 41.56 RCW. The SEA shall provide legal defense including attorneys and agrees to indemnify and to defend the SPS and its representatives and hold each and all of them harmless from any and all claims, liabilities or costs which arise out of entering into or enforcement of this Section. The SPS agrees not to bring suit to invalidate this Section.

2. Leave Provisions for Officers

a. The president and executive vice-president of the SEA shall be provided leave for the school year for which he/she is elected, without loss of salary, stipend, or fringe benefits, subject to full monthly reimbursement to the SPS.

b. A specific substitute will be provided for the executive vice-president of the SEA when he/she has not been placed on leave for the school year.

(1) The SEA may specify the substitute to be provided and shall reimburse the SPS, on a monthly basis, for all associated costs;

(2) The substitute specified by the SEA must meet with the approval of the direct administrative supervisor; and,

(3) Such substitute will be provided in accordance with the provisions of Article IX.H of this Agreement.

c. At a mutually agreed-upon date following election to office the incoming president-elect for the ensuing school year shall be provided leave for the remainder of the school year, without loss of salary, stipend, or fringe benefits, subject to full monthly reimbursement to the SPS.

d. Bargaining unit employees who were or are elected to serve as an officer of the SEA in a full time or regular part time position shall be granted a leave of absence for the duration of their term of office. The SEA shall notify the SPS in writing and request such leave of absence on the behalf of the employee(s). The SPS shall acknowledge the request in writing. The SPS shall make retirement contributions on said employees in accordance with applicable laws and regulations, contingent upon being fully reimbursed by the SEA. Officers who are granted a leave of absence in accordance with this paragraph of the Collective Bargaining Agreement shall retain their seniority rights and shall be entitled to a salary increment adjustment for the time on leave, if they would have otherwise been eligible for such advancement on the salary schedule and any other contractual considerations granted to other employees covered by the Collective Bargaining Agreement.

3. Special Requests for Released Time

a. Requests by the SEA for SPS staff members to be released for a period not to exceed five (5) consecutive days as special consultants to participate directly in a collective bargaining session on a specific proposal or issue, when the consultant's particular expertise would contribute to the development of a full consideration of the matter being discussed, shall be in writing to the SPS. Copies of written requests for released time shall be presented to the Director of Human Resources or his/her designee, Employment Services, and administrative supervisor as soon as possible, but not less than three (3) working days prior to the date of release. Such request will be reviewed by the SPS, and when released time is provided it shall be subject to reimbursement to the SPS for the cost of any necessary substitute.

b. Requests by the SEA for alternate or additional individual SPS staff members to be released during the school year for a sustained time to participate directly in collective bargaining sessions shall be in writing to the SPS. Written requests for released time shall be presented to the Director of Human Resources or his/her designee, Employment Services, and administrative supervisor as soon as possible, but not less than three (3) working days prior to the date of release. Such requests will be reviewed by the SPS, and when approved the SPS shall provide leave, subject to reimbursement to the SPS for the full cost of the substitute, when necessary.

4. The cost of daily rate substitutes for SPS staff members released for short terms to serve as consultants to or representatives for the SEA shall be reimbursed to the SPS by the SEA.

5. Conditions for Released Time

The officers of the SEA who have been provided leave pursuant to Chapter 41.56 RCW shall resume duties with the SPS at the conclusion of the term of office, unless reelected to the same or another office. Upon return to duty, the officers who have been released shall be entitled to a position comparable to his/her previous position with the SPS. The officers shall retain the same position on the salary schedule and receive an increment if eligible and not already at the maximum in the salary lane. The SPS agrees to maintain accumulated sick/emergency leave, retirement, and seniority rights for the officers during the period of the leave.

SECTION E: Duration

1. The term of these Agreements shall be for two (2) and three (3) years respectively, effective September 1, 2004 through August 31, 2006 and September 1, 2006 through August 31, 2009 respectively, provided either party may reopen for renegotiation any item subject to renegotiation during the terms of these Agreements as specified in Sections F.1 and 2 below.

2. These Agreements shall become effective on the 1st day of September 2004 and on the 1st day of September 2006, and remain in full force and effect through the 31st day of August 2006 and the 31st day of August 2009 respectively.

SECTION F: Renegotiation and Distribution of Agreement

1. This Agreement may be altered, changed, added to, deleted from, or modified only in writing following the voluntary, mutual consent of the SPS and the SEA. Neither party shall be required to negotiate or bargain on any issue during the term of this Agreement except as otherwise provided in this Agreement. The parties recognize that the work of the Joint Evaluation Committee, implementation of the new Three Phase Hiring Process and the Review of classification and compensation may result in the need to negotiate modifications to this Agreement during its term.

2. Calendar Negotiations: The parties agree that on or about October 1 but before December 1 of each year they will commence negotiations regarding the school calendars for the subsequent school year and beyond, if possible. The parties also agree that the tentatively agreed upon calendars resulting from these negotiations are to be ready for presentation and recommended adoption to the School Board and SEA membership by no later than January 31. Calendars for 2005-06 and 2006-07 have been negotiated and are appended to this Agreement

3. The parties agree that should there be changes in legislation, administrative code, or funding either party may initiate negotiations over the impact of the changes. Further, either party may initiate negotiations over matters related to efforts to implement the intent of the Preamble of this Agreement to close the achievement gap or any provision of this Agreement that either party feels thwarts this effort.

4. If any provisions or any applications of this Agreement to any employee or group of employees shall be found contrary to law, then such provisions or applications shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect for the term of this Agreement. Adjustment or modification of any provisions of this Agreement found to be contrary to law will be subject to bargaining provisions of Chapter 41.56 RCW.

5. Unless mutually agreed otherwise in writing, should either party desire to change, modify or terminate these Agreements after their expiration dates of August 31, 2006 and August 31, 2009, written notice of such intent shall be given to the other party no sooner than March, but no later than April of the calendar years 2006 and 2009. Thereafter, representatives of the SEA and the SPS shall meet at reasonable times and shall bargain in good faith in an effort to reach agreement with respect to wages, hours, and terms and conditions of employment as provided in Chapter 41.56 RCW. Collective bargaining shall be conducted at the times mutually agreeable to the bargaining team named by each party.

6. Copies of these Agreements entitled "Collective Bargaining Agreements between Seattle Public Schools and the Seattle Education Association for 2004-2006 and 2006-2009” shall be printed by the Seattle Education Association after the Agreement has been ratified and signed, and shall be distributed by the SEA, to all classified employees represented by the Seattle Association of Educational Office Personnel.

a. The SPS shall distribute Agreements to all newly employed members of the bargaining unit.

b. The cost of printing the Agreement shall be shared by the SPS and the SEA. The SPS and the SEA will mutually agree to any proposed format changes to the contract/agreements prior to final publication.

c. The cost of distributing Agreements to current employees shall be borne by the SEA.

d. There shall be two (2) signed copies of the final Agreement for the purpose of records. One shall be retained by the SPS and one by the SEA.

SECTION G: Contract Waivers

Waiver proposals must be developed with knowledge and opportunity for participation of all SEA Represented Employees and administrators assigned to the building/program submitting the proposal.

1. Such request must be for the purpose of program improvement.

2. Such request must include: (See Appendix for SEA/SPS Contract Waiver Request Form)

a. Reference to the specific provisions of the Agreement requested to be waived;

b. Evidence of both employee and administrator participation in the decision-making process
leading up to the request (2/3 vote of the staff);

c. Rationale attesting to the need for the waiver;

d. Timelines - Waiver Requests must be submitted to SEA and the Education Director/Program Director by the 15th of each month so the respective committees can process and make recommendations to their appropriate decision-making bodies; a copy of the Waiver Request will be simultaneously forwarded to the Director of Human Resources;

e. Duration of Waiver - Waiver Requests may be for up to three years. Schools must review the waiver each year, and if they determine they wish to continue and/or modify, they must submit a new application; any request or documentation will be simultaneously forwarded to the Director of Human Resources;

f. Costs (if applicable);

g. Effect of waiver on other areas of the Agreement or other bargaining units contracts;

h. After the building has conducted its process, the Waivers Request forms must be signed by the SEA representative and the building principal. After the building has conducted its process, the Waivers Request forms must be signed by the SEA representative and the building principThe waiver request must be submitted to the Superintendent or designee and

The Waiver Request must be submitted to the Education Director/Program Director and the SEA concurrently, and will be granted only if both the SPS and the SEA agree; a copy will be simultaneously forwarded to the Director of Human Resources.