MEMORANDA OF UNDERSTANDING
Between the
SEATTLE PUBLIC SCHOOLS AND THE SEATTLE EDUCATION ASSOCIATION
Regarding
SPECIFIED CLASSIFIED HOURLY WORK IN SEATTLE PUBLIC SCHOOLS
These Memoranda of Understanding (MOUs) are entered into by the Seattle
Public Schools (SPS) and the Seattle Education Association (SEA) representing
the Seattle Association of Education Office Personnel (SAEOP) and Paraprofessional
Staff (Parapro). They modify the 2004-06 and 2006-09 Collective Bargaining
Agreements (CBAs) between the parties and are effective September 1, 2004
through August 31, 2006 and September 1, 2006 through August 31, 2009.
They shall expire on August 31, 2006 and August 31, 2009 respectively
unless otherwise renegotiated between the parties.
Purpose:
The purpose of these MOUs is to document agreements between SPS and SEA
in the 1996 Settlement Agreement of the Hourly and Casual Employees grievance
and made during the course of bargaining in August and September 2004
regarding classified hourly work that is similar or the same as some duties
listed in SEA-represented job titles. These Memoranda may be superseded
at any time by mutual consent between the parties.
Hourly Employees Defined:
For the purposes of these MOUs, classified hourly employees are defined
as SPS employees who are compensated in the form of hourly pay only. They
receive no additional benefits or other forms of compensation, except
that regular part-time employees may work as hourly employees above their
regular schedules. Within the body of work represented by the SEA, the
SPS may employ hourly workers in the SEA-represented job titles of Elementary
Office Assistant, Parent/Tutor/Volunteer Coordinator and other job titles
whose duties may be performed on a peak load basis as described below.
These Memoranda of Understanding address work in the following hourly
job titles: Elementary School Assistant, Playground/Lunch Supervisor,
Parent/Tutor/Volunteer Coordinator, Tutor/Bilingual Tutor and Sound Partner
Tutor.
Job Descriptions and Limitation on Hours:
Each of the classified hourly job titles listed above will have a separate
job description, and classified hourly employees shall be provided the
job descriptions in which they are working. The job description of each
classified hourly job title listed above is appended to these MOUs. It
shall be the responsibility of the hiring supervisor to retain signatures
of hourly employees acknowledging receipt of their job descriptions. Classified
hourly employees are limited to performing only the functions described
in their job descriptions, and they may not supplant the work of regular
FTE SEA-represented employees.
No one Hourly Tutor may work more than 17 hours per week. No one hourly
employee in other job titles may work more than 19 hours per week.
Hourly Elementary School Assistants:
Please refer to the Hourly Elementary School Assistant job description
for a complete listing of duties and limitations. Schools with K-5 programs
must employ at least a .5 FTE Elementary School Assistant before an Hourly
School Assistant can be hired. Any available Hourly Elementary School
Assistant work must be offered first to the regular part-time Elementary
School Assistant if his/her performance is satisfactory and he/she is
not on a performance improvement plan. If the regular part-time employee
declines the additional hours, the supervisor shall retain the employee’s
signature declining the hourly work. The supervisor shall note that the
regular part-time employee declined the hourly work on the Casual Worker
Request (CWR) when hiring an Hourly Elementary School Assistant.
Employees working in this job title shall be paid at Step 1 of the appropriate
SP Salary Schedule.
Hourly Playground/Lunch Supervisors:
Please refer to the Hourly Playground/Lunch Supervisor job description
for a complete listing of duties and limitations. These duties may also
be performed by a regular Elementary School Assistant.
Employees working in this job title shall be paid on the hourly salary
schedule maintained by the SPS Classification and Compensation Office.
Hourly Parent/Tutor/Volunteer Coordinators:
Please refer to the Hourly Parent/Tutor/Volunteer Coordinator job description
for a complete listing of duties and limitations.
Employees working in this job title shall be paid on the hourly salary
schedule maintained by the SPS Classification and Compensation Office.
Limitation on Hours and $3,700 Annual Flexibility Amount:
If a school meets the conditions described above, it may employ Hourly
Elementary School Assistants and Playground/Lunch Supervisors up to a
total of two hours per day. In addition, each school/program may utilize
up to an annual total of $3,700 exclusive of benefits (Annual Flexibility
Amount) to hire Hourly Elementary School Assistants, Hourly Playground/Lunch
Supervisors and Hourly Parent/Tutor/Volunteer Coordinators combined. Hourly
Parent/Tutor/Volunteer Coordinators may be hired from the $3,700 Annual
Flexibility Amount.
Hourly Peak-Load Employees:
In addition to the foregoing, schools/programs may annually employ classified
hourly employees for a maximum of one consecutive three month period to
meet administrative peak-load/additional work needs for which no budgeted
regular FTE position has been allocated. Classified hourly peak-load employees
shall be assigned to one ‘peak-load’ job code regardless of
the classified hourly job titles in which they are working.
The Transportation Department may employ Hourly Telephone Assistance
for a maximum of three months which are not consecutive. SEA and SPS may
make other exceptions to the three-consecutive months’ limitation
by mutual agreement.
Hourly Peak-Load employees shall be classified and paid at Step 1 of
the appropriate SP Salary Schedule for the job title in which they are
working.
Hourly Tutors:
Please refer to the Hourly/Bilingual Tutor and Sound Partner Tutor job
descriptions for a complete listing of duties and limitations. No one
tutor may work more than 17 hours per week. A school’s total annual
utilization of Hourly Tutors shall not exceed the Green Book cost of a
.5 FTE Instructional Assistant ($19,939 in 2005-06). This limitation does
not include the annual expenditures for tutors working in the Sound Partners
or similar tutor programs that SPS and SEA agree are exempt.
SPS may employ hourly tutors only to serve K-5 students. Bilingual Tutors
may be employed provide language support K-12. Central Bilingual/ESL Services
may employ Hourly Bilingual Tutors to serve students when the number needing
tutoring services who speak the same language in a school is insufficient
to hire a regular bilingual instructional assistant.
The parties disagree about whether Hourly Tutor and its subsets are job
titles represented by SEA. In the event that SEA seeks to utilize the
statutory representation election procedures with respect to hourly tutors,
the parties agree to the following:
1. The parties agree to cooperate to minimize the time between a request
for an election, an election, and any subsequent bargaining. The parties
shall meet and make a good faith effort to resolve any concerns before
filing any litigation. In the event of any litigation which could result
in a delay of the process, the parties agree to jointly request PERC’s
assistance in expediting the resolution of the litigation, and providing
alternative dispute resolution assistance or informal assistance in order
to promptly resolve the matter.
2. The parties agree that in the event a majority of Tutors wish to be
represented by SEA, the Paraprofessional Staff bargaining unit is ultimately
the most appropriate bargaining unit. In order to ensure that an election
is held without delay, SEA shall file any representation petition for
Tutors requesting that an election amongst Tutors be held for a separate
Tutor bargaining unit, to which the SPS and SEA stipulate. Upon certification,
the parties agree that Tutors shall be included in the Paraprofessional
Staff bargaining unit, and the Paraprofessional Staff Collective Bargaining
Agreement shall be modified to include Tutors as a represented classification.
Negotiations shall then promptly commence to determine what terms and
conditions of employment of the Paraprofessional Staff Collective Bargaining
Agreement shall apply to this additional classification, and any other
items and conditions of employment not already included in the Agreement.
In the event PERC delays an election beyond 60 days from the filing of
a petition, the parties shall promptly meet and jointly select a neutral
their party to conduct a representation election.
3. At the written request of SEA, the District agrees to provide the
names and addresses of persons employed as Tutors.
Casual Worker Request (CWR) Process:
The SPS will develop a request form specifically to hire hourly workers.
The form will include a brief summary of duties for the classified hourly
job title being requested, pay rate and limitation on work hours per week.
It will also contain a statement to be signed by the hiring supervisor
that the employee hired for the hourly work will not work beyond the limitations
of hours or duties contained in the job description. When peak-load assistance
is being requested, the CWR form will request a description of the duties
to be performed, the reason peak-load assistance is needed and the starting
and ending dates of the assignment, not to exceed three consecutive months.
Tracking and Monthly Reports:
Each classified hourly job title will have a separate job code for tracking
purposes, and employees working in more than one hourly job title shall
use a separate time sheet for reporting hours worked in each job code.
SPS will provide SEA with electronic monthly payroll-period reports of
hourly work performed in SEA-represented job titles and in non-management
job titles that are not represented by other unions. The reports will
be organized by school/program and will include employee names, job titles,
pay rates and hours worked. Reports for Hourly Tutors and Hourly Peak-Load
employees may be provided as separate reports. SPS will inform SEA of
its procedures for monitoring school/program compliance with these Memoranda.
To the extent that these MOUs are in conflict with any provisions of
the 2004-06 and 2006-09 Collective Bargaining Agreements between the parties,
the agreements set forth in these MOUs shall control and any inconsistent
provisions of the negotiated Collective Bargaining Agreements shall be
deemed modified for the duration of these Memoranda of Understanding.
In witness whereof the parties hereto have executed these agreements
this ____________ day of _________________, 2005
SEATTLE PUBLIC SCHOOLS SEATTLE EDUCATION ASSOCIATION
By: _________________________ By: __________________________
Raj Manhas, Superintendent Wendy Kimball, President
By: __________________________ By: _______________________________
Jane Westergaard-Nimocks Steve Pulkkinen,
Director of Human Resources Executive Director
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