Employee Rights Committee
KNOW YOUR CONTRACT TRAININGS
These two hour trainings are meant to provide an overview of the AEA-ASD Negotiated Contract, common misconceptions, assistance in navigating the contract and frequently asked questions and issues. Each training has its own RSVP link, please pay attention to the date when you RSVP.
Be sure to RSVP right away (and let us know if you can't attend after RSVP'ing!)
- February 8th, 2018 - AEA Office - RSVP by clicking here.
- April 19th, 2018 - AEA Office - RSVP by clicking here.
Scroll Down for February Articles and Evaluation Information
Annual Evaluation Key Points
-Evaluations for non-tenured teachers must be completed by February 15th. A minimum of 2 formal observations are required which include pre and post observation conferences.
-Evaluations for tenured teachers must be completed by May 5th. Starting this year, a minimum of one informal observation is required. Last year, two informals were required.
-If any member is placed on a Plan of Growth or a Plan of Improvement, he/she should contact AEA for assistance in developing his/her plan and applying for an instructional coach. This should be done right away since the clock will be ticking on the time you have to complete the plan. Any member being placed on a plan is entitled to have union representation during all meetings, and we recommend that you contact your Rights Representative to obtain representation. No member can be placed on a Plan of Growth or a Plan of Improvement unless they have had at least 2 formal observations.
-The goals you selected during your goal-setting conference do not necessarily affect your evaluation, unless your goal was the same as one of the Danielson components, then it could.
You have the right to union representation...but only if you ask for it!
It is the right of an employee to have a union representative present at a meeting with the employer if the employee has a reasonable expectation that discipline may result.
The Weingarten Rule
The right to representation only comes when the employee requests it. Management does not have to advise you of your rights.
An employee may not unilaterally leave the interview/meeting to seek representation contrary to the supervisor’s orders.
Avoid being accused of non-compliance or insubordination.
Plan ahead and have a Rights Representative present.
If necessary, you could politely ask if the meeting might pause at this time and be rescheduled at another time.
An employer cannot require substituting one designated union representative for another representative.
Time should be provided to consult with a representative before the investigative meeting.
Be open with your representative. Show the letter if you received one.
The right to a representative only applies in situations where an employee reasonably expects disciplinary action could result.
The employer has no duty to bargain with any union representative at the investigative interview.
Who is My Representative?
Your “AEA Building Rep” is not the same as an “AEA Employee Rights Rep.”
Building Reps provide a connection to the RepCouncil, AEA governance, and general information for you to reach committees and services in your Association.
For a minor meeting such as a quick pop-in with your administrator who has a few questions, you can ask any member from your building to join you. However, it is advised that you contact someone who has completed the two-day AEA Employee Rights Training--meaning they are “Rights-Trained” Representatives.
In more serious matters, you should contact your designated AEA Rights Representative from the Rights Contact list.
Excerpt from . . . “Tentative Agreement between AEA and ASD” (Your Contract):
425 Progressive Discipline
D. “When a member is required to meet with an administrator for disciplinary action, the member shall be given 48 hours prior written notice of the time and nature of the meeting and shall be apprised of the right to have an Association representative present.”
E. “When an administrator disciplines a member for some infraction of rules or delinquency in professional performance, the member shall be entitled, upon request, to have an Association representative present. When a request for representation is made, no action shall be taken until a representative can be present. The meeting shall be held as soon as possible.”
419 Discipline Procedures for Students
Questions concerning student discipline in the schools have been posed consistently each year. The answers need to begin at each individual school. This does not mean turning to the district handbook. The handbook is the district guidelines, not a school specific policy. Each school has its own individual characteristics, and the discipline procedures need to be established based on needs of the building. Below is the section of the contract that addresses school policy and procedures calling for staff to collaboratively work with administration regarding site discipline procedures : “Section 419. A. The administrator and the staff shall collaboratively develop and/or review building discipline procedures annually in the fall. Copies of Board policies pertaining to student behavior will be made available to staff. Duties, responsibilities and relationships of all personnel regarding the enforcement of discipline policies shall be discussed with all staff involved with student discipline. Copies of the proposed discipline procedures shall be shared with the PTA for discussion. The procedures established shall be followed and enforced by the administrator(s) and staff. The procedures shall include a protocol for informing those with a need to know regarding the admission of students with a known history of violent behavior. The list of those with a need to know shall include librarians, nurses, and other specialists who are assigned responsibility for managing the behavior of such students.”
Concerns regarding violent students have also come up. The Zangle program now has the gavel/hammer icon in the student demographics section to indicate behavioral issues. The icon is designated by the principal based on documented student history. Administrators have been advised to make sure that their staff is aware of the new symbol that will appear on class rosters, understand why it is there, how it works, and know that they can contact administration for further information about a student and/or strategies that they might employ. For the history to be established incidents must be reported. . If a student does act violently, the teacher in the classroom should expect the following procedures to take place according to Section 419.E of the contract which states the following:
“Section 419.E. Members will report immediately to the administrator or designee the details of all instances of assault. Incidents of verbal and physical assault of members shall be documented by the principal. When physical assault of a member has occurred, the administrator shall remove the student from the member’s classroom unless the member requests otherwise. The student shall only be returned to the member’s classroom after a suspension from that classroom has been served, a conference has be held with the member, administrator and parent (unless member and administrator agree otherwise) and appropriate action has been taken to prevent future occurrences. Consistent with Workers’ Compensation Law, the District shall assume full liability for job related member injury. Protection against damage to property shall be limited to the terms of the District’s existing liability policy. Generally, personal property is not the responsibility of the District unless damage to such property is the direct result of District action or due to assault while a member is engaged in a duty-related activity.”
It is expected that the principal update the information regarding the student soon after any incident.
(End November 2016 Rights newsletter)
Do you have a contract or rights question? Contact your Rights Representative! Please click here to access our 2016-2017 Rights Representative Brochure and find out which Rights Representative works with your school and access their contact information. You can always find the link to this brochure on the right side of this page above the Rights Chair contact information.
AEA Employee Rights Committee Report
The most common concerns lately have been questions about our rights and responsibilities in determining grading practices and policies. The current issue surrounds the language of the contract (below) implying that the district has a “grading policy.” What is the grading policy of the district? It appears that our superintendent wants administrators to create a conversation and a plan of action by first collecting syllabi, grading policies, and input from teachers. Your AEA Leadership is working with the Superintendent, Chief Academic Officer and Head of Secondary Education on the draft that went out and what any changes need to include (teacher input, no contract violations, etc.) The draft that some middle and high schools have seen IS NOT SET TO GO INTO EFFECT AT ANY TIME. You are not, and can not, be requested to follow that draft - if you need assistance with your Principal on this, please contact your Rights Representative. The 2016-2017 updated Rights Rep brochure will be sent out on Friday, October 14th.
For more guidance on grades, review this portion of the contract:
416 GRADE DETERMINATION
(excerpt from the Contract Agreement between ASD & AEA)
A. The teacher has the initial right and the responsibility to determine grades within the grading policy of the District. No teacher shall be requested to sign a report card or to give credit for a class if the teacher believes that the student has not successfully completed that grade or class. Initial discussion of student pass/fail rates shall be based on factual data, e.g., grading statistics as compared to similar classes, student attendance, completion of assignments and classroom participation.
B. No grade, report card, cumulative record, or decision to promote or retain a student shall be changed unless the person making the change initials it and notifies the teacher, prior to the change when possible. If the principal decides to promote the student or give credit for the class in spite of the teacher’s judgment, the principal shall sign the report card and/or the principal’s name shall appear on the transcript in lieu of the teacher’s name. A teacher may appeal a grade change to the principal’s supervisor.
C. When the District proposes major changes in the report card or grade reporting system, the District shall involve teachers on change committees, pilot changes before full implementation, utilize a feedback system, notify teachers of changes, and provide training sessions on the change.
G.A.P. Day October 21
Two years ago the calendar committee moved the state released PD day from the end of the first quarter to Friday November 11th. We were told this was the result of parents requesting that Veterans Day be off for students. The result was a student day the last day of the first quarter leaving no time dedicated to professional development, grading, or planning.
The GAP (Grading, Assessment, Planning) day that was fought for last year is now back at the end of the first quarter, October 21. This is listed as a Professional Development Day on the School District Calendar because that is what is called for in the School Board Memo.
Principals have been directed, by ASD, that they cannot take up more than one hour of your time on October 21st. If any of your principals have already notified your school that they have things planned for you, please remind them of the District directive. If you need assistance, please contact your Rights Representative.
(end October 2016 Rights Newsletter)
September 2016 Newsletter: Check Your Pay Stubs…Know Your Contract
Please check your pay stubs to be sure you are receiving the pay and benefits that you’re entitled to. Below is a short list of some areas you should be aware of:
· At the start of the year all members received a 1% increase to wages.
· There is also a one-step vertical movement on the salary schedule or a $1,000.00 “in lieu of step” spread over the year if you have maxed out on the steps.
· National Board Certified Teachers receive a $2000.00 annual salary supplement.
· A $1,000.00 bonus (prorated by FTE) will be paid to each eligible member on October 15, 2016. To be eligible for the bonus a member must be employed on September 2, 2015 and remain actively employed as of September 1, 2016.
· Please be sure to obtain a SIGNED copy of any addenda that you are working.
· Members who started working after August 15th should have received 12 days of sick leave for this school year.
· If you are a new teacher who taught in another Alaska school district last year, you must request that your sick leave be transferred from your old district to ASD. This must be done within 90 days of hire.
· Three days of personal leave should be applied to each member for the year. Five personal days can be carried over to the following year. Any personal leave over that amount will be cashed out at the end of the school year.
All Salary and wage information can be found in the 100 series of your contract. Your contract can be found here.
Chairperson: Tamara Jones
The Rights Committee assists the President and UniServ directors in exploring and processing grievances. This committee also works to educate members on the contract.
The Rights Committee meets the third Thursday of every month at the AEA Office at 4:30pm.