Revised May 3, 2024
1.1
The Board of Education of Davis School District (“Board”) and Association share the belief that our paramount objective is to provide Davis School District students a quality education. With a focus on Learning First, representatives of the District and Association shall work together to establish appropriate financial and community support for public education and to examine avenues for facing challenges while maintaining excellence. We believe this support is imperative to enhancing educator practice, quality of service, and student achievement.
1.2
Understanding the importance of providing opportunities for employees to give input and participate in the decision-making process and recognizing the expertise, judgment, and knowledge of teachers, the District will involve them in substantive instructional and curricular decision-making.
1.3
The Board and the Association understand that the Board has certain powers and responsibilities that under the Constitution and Laws of the State of Utah may not be delegated to another group or organization. Accordingly, if any provisions of this Agreement or any application of this Agreement to any teacher covered hereby shall be found contrary to law, such provision or application shall have effect only to the extent permitted by law. All other provisions or application of this Agreement shall continue in full force and effect.
1.4
Having been identified as the exclusive bargaining agent under Board Policy, the Board recognizes the Davis Education Association (“the Association”) as the exclusive representative of the licensed personnel except as herein provided. Any individual teacher shall have the right to present grievances, with or without representation by the Association, in accordance with the Grievance Procedure provided. Nothing in this Agreement shall be so construed as to deprive any individual of his/her rights under the Utah Right to Work Law nor his/her rights as set forth in Title VII of the Civil Rights Act or under Title 34, Utah Code Annotated, 1953, or amendments thereto.
1.5
The Association recognizes the Board as having all the rights and powers as provided in the constitution and the laws of the State of Utah.
1.6
The Board shall continue to recognize the Association as the exclusive representative for the term of this Agreement or any renewal thereof as long as there is verification of representation. Recognition, once effective as to the unit described above, shall be effective during each year of the term of this continuing contract, or any renewal thereof.
1.7
Employee associations may use the buildings for meetings and membership drives. These meetings shall be without cost and include the use of faculty rooms, classrooms, auditoriums, and multipurpose (cafeteria) rooms. These meetings should not interfere with the normal operation of the school where teachers are working with students and should follow other District policies.
1.8
Employee associations may use the District delivery system, place notices, circulars, and other materials on designated bulletin boards and in teachers’ mailboxes. Authorized representatives of the associations will assume responsibility for the posting or distributing of material for the associations. All materials shall clearly identify the association distributing or posting the material and when appropriate, such materials shall be signed.
1.9
The rights and privileges of the teachers’ organization and its representatives as set forth in this article shall be granted only to the Association recognized as the exclusive bargaining agent of teachers, with the exception of 1.6 and 1.7.
1.10
The Association President of the Exclusive Bargaining Agent
1.10.1
The District shall release the association president full-time or part-time as soon as possible following Association elections. The Association president shall be considered to be on temporary special assignment.
1.10.2
The Association shall reimburse the District for the Association President’s compensation as agreed to by the Association and the District less the amount allowed by law. The portion of the President’s time paid for by the District shall be subject to the provisions of Board policy as stipulated by Section 538-11-206 of the Utah State Code.
1.10.2
The Association shall reimburse the District for the Association President’s compensation as agreed to by the Association and the District less the amount allowed by law. The portion of the President’s time paid for by the District shall be subject to the provisions of Board policy as stipulated by Section 538-11-206 of the Utah State Code.
1.10.3
The Association President shall be returned to the same assignment following one two-year term. If the president’s term is longer than two years or is extended beyond two years, the president will be guaranteed to return to the District in a similar position to that held before the special assignment.
1.10.4
The time spent on special assignment shall be credited towards continuous service within the District.
1.11
This agreement shall include all personnel except:
1.12
Individuals working in licensed positions not expected above may be paid according to their respective salary tables (instead of Salary Table 1) but are otherwise covered under the provisions of this agreement.
1.13
No change, revision, alteration, or modification of this Agreement in whole or in part shall be valid unless the same is ratified by both the Board and the Association and is endorsed in writing by both parties.
1.14
This Agreement shall be deemed to be a part of each individual teacher’s contract by reference thereof.
1.15
The terms of this agreement are effective as of July 1,2022
2.1
Conducting Negotiations
2.1.1
On a mutually agreed upon date, the parties shall initiate negotiations for the purpose of entering into a succeeding agreement.
2.1.2
The negotiation teams shall consist of an equal number of Association representatives and representatives designated by the Board. The exact number shall be mutually agreed to by the Association President and the Superintendent or his/her designee.
2.1.3
During negotiations, upon reasonable request of either party, the other will make available for inspection its records and data relevant to the subject of negotiations.
2.1.4
Salary, benefit, and policy issues shall be negotiated every year. Policy issues shall be limited to ten (10) items per year per party unless State or Federal statutes or State School Board Policy issues require negotiation. This will not preclude discussion of proposed changes at any time through the Liaison process.
2.2
Dispute Resolution
2.2.1
Impasse. If agreement cannot be reached through the negotiation process within ninety (90) calendar days of the first formal negotiation session, either party may declare impasse. A declaration of impasse must be in writing stating the disputed issues and request the state superintendent of public instruction appoint a mediator to help resolve the impasse. A copy of the declaration must be submitted to each negotiation team and the state superintendent of public instruction before being released to any other party.
2.2.2
Appointment of Mediator. The state superintendent shall appoint a mediator within five (5) days after receiving the written request for appointment of a mediator. The mediator will be mutually acceptable to the Board and the Association. The mediator shall meet with the parties to resolve their differences and effect a mutually acceptable agreement. For the purpose of mediation, parties agree to fully comply with the requests of the mediator. The expense of the mediation shall be paid equally by the parties.
2.2.3
Appointment of Hearing Officer – Hearing process. If the mediator is unable to effect settlement of the controversy within fifteen (15) calendar days after his appointment, either party may, by written notice to the other and the state superintendent of public instruction, request that all unresolved issues be submitted to a hearing officer who shall make findings of fact and recommend terms of settlement.
[a]
Within five (5) working days after receipt of the request, the state superintendent of public instruction shall appoint a hearing officer who is mutually acceptable to the District and the Association.
[b]
The hearing officer may not, without consent of both parties, be the same person who served as mediator.
[c]
Procedures for Fact Finding. The hearing officer shall meet with the parties or their representatives, jointly or separately, and make inquiries and investigations, hold hearings, and may issue subpoenas for the production of persons or documents relevant to all issues in dispute.
[d]
The State Board of Education and departments, divisions, authorities, bureaus, agencies, and officers shall furnish the hearing officer, on request, all relevant records, documents, and information in their possession.
[e]
If the final positions of the parties are not resolved before the hearing ends, the hearing officer shall prepare a written report containing the agreements of the parties with respect to all resolved negotiated contract issues and the positions that the hearing officer considers appropriate on all unresolved final positions of the parties.
[f]
The hearing officer shall submit the report to the parties privately within ten (10) working days after the conclusion of the hearing, or within the date established for the submission of post-hearing briefs, but not later than twenty (20) working days after the hearing officer’s appointment.
[g]
Either the hearing officer, the Association, or the District may make the report public if the dispute is not settled within ten (10) working days after its receipt from the hearing officer.
[h]
All expenses of the hearing officer shall be borne equally by the parties. Each party shall be responsible for the expenses of the witnesses it calls.
2.3
Distribution of Davis Educators Agreement
2.3.1
This agreement shall be entered in the District electronic information system and be accessible through the District web site in the policy manual section.
3.1
Payroll Procedures
3.1.1
The payroll period is from the first day of the month to and including the last day of the month. Payroll direct deposit shall be made on the last banking day of the month. The monthly leave reporting period ends the 15th of the month or three (3) working days prior to the date payroll direct deposits are made, whichever occurs first. When employees resign or otherwise terminate their District employment, the effective date of their termination shall be the last date actually worked unless the termination occurs during or at the conclusion of a District-approved leave of
3.1.2
Annual Level Advancement
In years where an annual level is funded through the negotiation process, educators hired and working before February 1 of that school year will receive an annual level pay increase in their first check date of the following fiscal year.
Educators who are hired and begin teaching on or after February 1 of a school year, will receive an annual level pay increase the first check date of the fiscal year following the completion of the upcoming school year.
3.2
Salary Determinations
3.2.1
Initial salary schedule placement shall be according to the educator’s college or university degree with salary levels added for years of experience and/or additional education as stipulated below. Initial degree level placement:
[a]
Level A for a Bachelor’s Degree;
[b]
Level F for a Master’s Degree;
[c]
Level J for a Doctorate Degree.
[d]
Educators with graduate degrees awarded by institutions of higher education outside of the U.S. must provide documentation of U.S. equivalency from an agency recognized by the Utah State Board of Education to receive salary schedule placement above Level A.
3.2.2
Critical Endorsement Recognition
[a]
Endorsements identified as critical to the functioning of the District receive one additional salary level per eligible endorsed area at initial placement if the endorsement was earned as a part of the initial degree and license and the credits are not able to be used for salary level change.
[b]
Newly hired educators will be provided information from Human Resources regarding documentation and deadlines.
[c]
Changes in endorsements eligible for an increase will be determined through DEA Liaison by February 1 each year. Current endorsements qualifying for this advancement are as follows:
(i)
English as a Second Language (ESL),
(ii)
Reading,
(iii)
Math.
Copyright © 2021 Web.com Group, Inc. All Rights Reserved.