Monday, December 20, 2010

F-8. Basic Contract Standards

The National Education Association believes that collective bargaining agreements between education employees, including part-time and temporary, and their employers should contain certain standard contractual concepts. The Association also believes that, in nonbargaining jurisdictions, these concepts should be incorporated into legislation, employer policy, and/or other sources that establish the terms and conditions of employment for education employees, including part-time and temporary. These concepts include—
a. A grievance procedure that terminates with final and binding arbitration
b. Just cause for any disciplinary action with guaranteed due process through final and binding arbitration and continuation of all employee rights, including full compensation and job security
c. A seniority list that is updated, published, and distributed annually
d. Layoff and recall based only on seniority as bargaining unit members, licensure/certification, and, to the extent legally permissible, affirmative action6†
e. Employer-paid benefits, including but not limited to comprehensive health, life, dental, vision, and income protection insurance and employee assistance programs, that fully cover bargaining unit members, domestic partners, and their families
f. Membership in the association or the payment of a fair-share fee as a condition of employment
† See the NEA Handbook for the Policy Statement on Affirmative Action adopted by the 1997 Representative Assembly.
g. Required posting of all vacant or newly created positions along with the right of bargaining unit members to apply for these positions
h. Unassigned preparation, planning, and travel time as applicable for all members of the bargaining unit
i. Specified class size, teaching load, and job description
j. A duty-free lunch period of not less than 30 minutes for all members of the bargaining unit
k. Nondiscriminatory, fair, and equitable treatment of bargaining unit members
l. Contractually defined procedures for evaluation and promotion
m. Released time for association business with full pay and benefits
n. Parental/child rearing leave for employees to provide care for natural or adopted children
o. Contractually defined procedures for ensuring education employee decision making in curriculum design and related instructional management and reporting systems
p. Time during the regular work day and work year for education employees to plan, engage in professional development, work on curriculum and assessment, evaluate and document student progress, mentor and be mentored, and provide professional leadership
q. Salary schedules that are equitable, regardless of the age level of the students being taught, and are based upon preparation, professional growth, and length of service, and that exclude any form of merit pay except in institutions of higher education where it has been bargained
r. Placement and advancement on the salary schedule based on qualifications and number of years of experience in the profession
s. Extracurricular and extra-duty assignments filled on a voluntary basis and compensated at no less than the employee’s regular rate of pay
t. Protection from being required to participate in community service
u. Retirement benefits based on all income derived from school employment
v. Clearly defined bargaining unit membership
w. A guaranteed safe and healthy working environment, including a secured/lockable storage space for personal belongings
x. The school calendar
y. Protection from unilateral changes in terms or conditions of employment
z. Provisions to define class loads, student contact hours, and contract hours for instructors who are involved in distance education, and to guarantee that technology and distance education are used to supplement, not supplant, employees
aa. Insurance against loss of personal items located on school property in the event of a natural disaster. (1989, 2008)

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