Classified Collective Bargaining Agreement

The purpose of this Article is to recognize the Oregon School Employees Association (OSEA)/AFT Local 6732, AFL-CIO on behalf of Oregon School Employees Association (OSEA) Willamette Education Service District Employees Association (WESDEA) Chapter 95, herein referred to as the UNION, as the exclusive bargaining representative on wages, hours, and conditions of employment for all regular classified employees. 

1. Definitions:

   1. A regular classified employee is any classified employee who is employed in a regular position to work fifteen (15) or more hours per week and whose position is not included in section 1.2 of this Article.

      Classified regular employees newly hired into the bargaining unit shall serve a probationary period of one hundred and twenty (120) workdays. Following one hundred and twenty (120) workdays, the employee shall be considered regular status with all the rights afforded by this Agreement. 

   2. A temporary classified employee is one hired to work on a project or contract of limited duration of less than one hundred and fifty (150) workdays, or a one-time only job which has limitations as to time employed. A temporary employee shall not be paid at a higher rate of pay than they would be paid if they were a bargaining unit member employed in that same position. 

   3. A substitute classified employee is an employee called in to replace a regular employee on an excused absence or leave of a limited duration or during the period of time needed to complete a vacancy hiring process. When a regular employee returns from leave, a substitute is no longer needed. Substitutes shall not be used to fill vacant positions on a permanent basis. 

2. Supervisory, confidential, licensed, substitute, and temporary employees are specifically excluded from this collective bargaining unit.

1. The DISTRICT, on its own behalf and on behalf of the electors of the DISTRICT, hereby retains and reserves unto itself all powers, rights and authority, duties and responsibilities conferred upon and invested in it by the laws and Constitution of the State of Oregon. Such powers, rights, authority, duties, and responsibilities shall include but are not limited to:

   1. The executive management and administrative control of the school system and its properties and facilities;

   2. The right to hire all employees and determine their qualifications and the conditions of their continued employment or their discipline, dismissal, demotion, promotion or transfer;

   3. The unqualified right of assignment and direction of work of all its personnel, and to determine the number of shifts and hours of work and starting times and scheduling of all the foregoing, but not in conflict with the specific provisions of this Agreement, and the right to establish, modify or change any work or business hours or days;

   4. The unqualified right to establish the school calendar;

   5. The right to determine the services, supplies and equipment necessary to continue its operations, and to determine the methods, schedules and standards of operation, the means, methods and processes of carrying on the work including automation thereof or changes therein;

   6. The right to adopt reasonable rules and regulations;

   7. The right to determine the qualifications of employees, including physical conditions;

   8. The right to determine the location or relocation of its facilities, including the establishment or reallocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities;

   9. The right to determine the placement of operations, production, services, maintenance or distribution of work, and the source of materials and supplies;

   10. The right to determine the financial policies, including all accounting procedures and all matters pertaining to public relations;

   11. The right to determine the size of the management organization, its functions, authority, amount of supervision, and table of organization;

   12. The right to determine the policy affecting the selection, testing or training of employees providing such selection shall be based upon lawful criteria. 

1. The provisions of this Agreement shall be applied equally to all members without discrimination as to age, marital status, race, color, sex, religion, sexual orientation, gender identity, union affiliation, national origin, or disability unless based upon a bona fide occupational qualification. The UNION shall share equally with the DISTRICT the responsibility for applying the provisions of this Agreement. Inasmuch as there are other means available to an individual to seek relief from a complaint based on any of these issues, this provision is not subject to the grievance procedure nor is it subject to an unfair labor practice complaint for breach of contract. 

1. General
   During the term of this Agreement, the UNION and the bargaining unit members as individuals or as a group will not initiate, cause, permit, participate, or join in any strike, work stoppage, slowdown, picketing, or any other restriction of work. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established by the UNION or by any other labor organization when called upon to cross such picket line in the line of duty.

2. No Lockout
   During the term of this Agreement, there will be no lockout of employees in the bargaining unit by the DISTRICT as a result of any labor dispute covered by the terms of this Agreement. 

1. Dues
   Membership in the UNION is voluntary. The DISTRICT agrees to inform the UNION of all current classified staff by August 15th and all newly hired classified staff on an ongoing basis, at least monthly. Dues shall be paid by payroll deduction payable to the Oregon School Employee Association.

2. Dues Transmission
   The DISTRICT agrees to transmit the dues to the State Office of the Oregon School Employees Association by the fifteenth (15th) of the month following the payroll deduction.

3. Hold Harmless
   The UNION shall hold the DISTRICT harmless from any and all claims, suits, orders, or judgments brought against the DISTRICT as a result of the provisions of this Article.

1. Use of Buildings
   The UNION and its representatives will have the right of access to designated DISTRICT buildings for regular or special meetings, provided such meetings are not inconsistent with the administrative procedures regarding use of DISTRICT facilities. The DISTRICT may make a reasonable charge when services are required beyond normal operations.

2. Information
   The UNION shall have access to all information allowable under Oregon Public Records Law and PECBA. The UNION shall pay for the clerical and duplicating costs incurred by the DISTRICT for making such information available. A brief written estimate of charges will be submitted to the UNION prior to information gathering and upon request the DISTRICT will provide options for narrowing or modifying the scope of the request in order to reduce the amount of the charges. The UNION shall provide remittance for costs prior to the provision of records requested from the DISTRICT. In order to eliminate duplication costs, information will be provided by electronic format whenever possible.

3. Use of Computer System/Internet/Intranet
   The UNION may use the DISTRICT’S computer system and its internet/intranet connections for UNION/DISTRICT communications, subject to the law, the rules and regulations of the Government Standards and Practices Commission, Board policy, and Administrative Regulations.

4. Notice of ESD Board Meetings and Policies

   The DISTRICT will notify the UNION of regular and special Board meetings and of the BOARD’s consideration of policy changes in the manner in which Board members and all other employees are notified: the Board’s agenda and Board’s packet (non- confidential) will be posted on the DISTRICT’S website in advance of each meeting. 

5. Bulletin Boards
   The UNION shall have the use of a bulletin board in a designated area in buildings that are owned or managed by the DISTRICT.

6. UNION Identification
   Bargaining unit members will be allowed to wear pins, buttons, or other identification of membership in the UNION. This provision is subject to any restrictions imposed by law, the DISTRICT’S safety and security concerns, and subject to any undue disruption of the DISTRICT’S business activities.

7. New Employee Orientation
   The UNION shall be allowed to meet with classified employees for a period of up to one (1) hour during the annual orientation event at the beginning of the academic year and at other times as are mutually agreeable. 

   When conducting monthly new employee orientations, the DISTRICT shall comply with ORS 243.804 and provide the UNION the right to meet with new employees within thirty (30) calendar days from the date of hire for a period of at least thirty (30) minutes but not more than one hundred and twenty (120) minutes. 

   Newly hired employees in the bargaining unit may meet with the UNION during new employee orientations without loss of compensation or leave benefits, and will remain in paid status during this time. 

   The DISTRICT shall include instructions on how to attend the UNION’S presentation and inform employees that they will remain in paid status during this time. The DISTRICT shall copy the UNION Field Representative and Chapter President(s) on this communication. 

   The previously agreed upon format of the new employee orientation agenda shall be used by the DISTRICT when conducting new employee orientations. Should the DISTRICT wish to make revisions to the agenda pertaining to the UNION’S presentation, notice shall be provided in writing to the UNION Field Representative and Chapter President(s). If a demand to bargain is made by the UNION, the parties shall negotiate the changes, to the extent required by law, before the changes are implemented. 

   Up to five (5) UNION representatives may join the orientation up to 15 minutes prior to their presentation and the DISTRICT will introduce them just prior to their presentation. Should a new employee orientation need to be rescheduled, the DISTRICT shall notify the UNION Chapter President(s) at least five (5) workdays prior to the new orientation date. The meeting may be rescheduled earlier by mutual agreement. 

8. Bargaining Unit Member Changes

   By the tenth (10th) day after a new classified employee begins employment, the DISTRICT shall provide the UNION Chapter President(s) and the UNION (OSEA) State Office the following employee information: name, date of hire, position title, salary, department, home base, available phone number, available personal address, and available personal email. 

   Every one hundred twenty (120) days, the DISTRICT shall provide the UNION Chapter President(s) and the UNION (OSEA) State Office the following employee information for all classified employees: name, date of hire, position title, salary, department, home base, available phone number, available personal address, and available personal email. 

9. UNION Leave – OSEA Chapter Time Release – DISTRICT Paid 

   1. The UNION Chapter officers and/or UNION designated members may attend scheduled activities, meetings, or events of significance to the UNION, if required by the DISTRICT, or for new employee and other employee representational meetings. For those activities related to the administration of this Agreement, the time shall be treated as leave with pay if the activity, meeting, or event has been requested or required by the DISTRICT, is required by Oregon Employment Relations Board rulings, or provided in Oregon Law

   2. The UNION Chapter officers and/or designated member(s) shall suffer no loss of wages or other monetary benefits during scheduled OSEA Chapter Time Release hours covered by DISTRICT funds, but shall be paid by the DISTRICT as if they actually performed work for the DISTRICT and shall report such time as time worked. 

10. UNION Leave – OSEA Chapter Time Release – OSEA Chapter Paid

    1. The UNION Chapter President(s) and/or designated representative may, at the UNION’S discretion, utilize Paid Time Release for up to one-hundred twenty (120) hours per fiscal year, with no more than twenty (20) hours to be used in any given month by an individual member, to be scheduled within the President(s)’ or designated representative’s regular work schedule. 

    2. The UNION Chapter officers and/or designated members shall suffer no loss of wages or other monetary benefits during scheduled OSEA Chapter Time Release hours covered by OSEA Chapter funds, but shall be paid by the DISTRICT as if they actually performed work for the DISTRICT and shall report such time as time worked.

       UNION Chapter officers and/or designated members shall be allowed to arrange for the use of compensatory time, Personal Leave, Non-Contract Leave or vacation to cover their absences for Chapter Time Release. 

    3. UNION Chapter President(s) shall maintain a monthly log of hours of OSEA Chapter Time Release leave utilized that is to be paid by OSEA Chapter funds and shall submit a copy of this log to the DISTRICT’S payroll office. 

    4. The DISTRICT’S payroll office shall bill the Chapter (OSEA-WESDEA) for the cost of any wages paid for OSEA Chapter Time Release leave upon receipt of the aforementioned log during the reporting month. 

    5. Within thirty (30) days of receipt of a billing for wages paid to the UNION Chapter officers and/or designated members for use of OSEA Chapter Time Release leave covered by OSEA-WESDEA Chapter funds, the Chapter shall reimburse the DISTRICT for the amount due.

11. UNION Leave – OSEA State Time Release – OSEA State Paid

    1. The UNION Chapter officers and/or designated members may, at the UNION’S discretion, utilize OSEA State Paid Time Release to be scheduled within the officers’ and/or designated members’ regular work schedules.

    2. The UNION Chapter officers and/or designated members shall suffer no loss of wages or other benefits during scheduled OSEA State Time Release hours covered by OSEA state funds but shall be paid by the DISTRICT as if they actually performed work for the DISTRICT and shall report such time as time worked.

    3. The UNION Chapter President(s) shall maintain a monthly log of hours of OSEA State Time Release leave utilized that is to be paid by OSEA state funds and shall submit a copy of this log to the DISTRICT’S payroll office. 

    4. The DISTRICT’S payroll office shall bill the OSEA State Office for the cost of any wages paid for OSEA State Time Release leave upon receipt of the aforementioned log during the reporting month. 

    5. Within thirty (30) days of receipt of a billing for wages paid to the UNION Chapter officers and/or designated members for use of OSEA State Time Release leave covered by OSEA state funds, the OSEA State Office shall reimburse the DISTRICT for the amount due.

12. UNION Leave – OSEA State Officer Time Release – OSEA State Paid
    For the purpose of this section, OSEA State Officer refers to any of the following: State Vice President, State Secretary, State Zone Director, or any newly created OSEA state position. 

    1. If an employee makes a decision to run for an OSEA state office, the employee will notify the DISTRICT of their intent to run. 

    2. Any bargaining unit member who is elected to an OSEA State Officer position that periodically precludes working their regular schedule with the DISTRICT shall be granted OSEA Paid Release Time to attend to UNION-related duties but shall continue to work as an active WESD employee. 

    3. Any schedule of release time shall be provided to the DISTRICT immediately after the State OSEA Board Retreat. Any additional changes or activities added to the schedule will be mutually agreed upon by the UNION and DISTRICT. 

    4. The UNION shall reimburse the DISTRICT the full costs associated with the bargaining unit member’s release time, including salary, associated payroll costs, and benefits.

13. UNION Leave – OSEA State President Time Release – OSEA State Paid 

    1. If an employee decides to run for the OSEA State President Office, the employee will notify the DISTRICT of their intent to run. 

    2. In the event that any UNION member working for the DISTRICT is elected as the State President of OSEA, the DISTRICT shall grant the UNION member a full-time release. The Executive Director of OSEA will contact the DISTRICT Superintendent to finalize the details of this time release. 

    3. The UNION shall reimburse the DISTRICT the full costs associated with the bargaining unit member’s release time, including salary, associated payroll costs and benefits. A member shall be granted up to three (3) years of full release time to attend to union-related duties but shall continue to be treated as an active DISTRICT employee.

    4. During the term of this release, the OSEA State President’s employment status and rights shall continue as if employed in the position from which they are released. Upon return, the employee will be placed in a position within the same job classification and at the same pay rate and number of workdays as they occupied at the time the leave commenced. 

    5. The position of the bargaining unit member on release time may be filled with a temporary employee. The UNION and the DISTRICT acknowledge that this requires an exception to the definition of a temporary employee as stated in Article 1.b. 

14. District Committees – District Paid
    The DISTRICT shall notify the UNION when the DISTRICT forms a committee if classified participation is required by law or Board policy, or if UNION representation is requested by Administration. The UNION Chapter President(s) and Executive Board will appoint, or call for a members’ vote to elect, the classified employees who serve on the committees. Classified members of DISTRICT committees shall suffer no loss of wages or other benefits during scheduled committee meetings. 

1. Inclement Weather – Definitions

   1. For the purpose of this Agreement the following definitions shall be used: 

      1. Home base – the WESD building or school district building where the employee’s office and materials are located, either Marion Center, Yamhill Center or Polk Center for itinerant staff or the specific district school building. Employees shall be assigned to only one (1) home base. 

      2. Worksite – school(s) where employee works. 

      3. Itinerant staff will have a WESD home base and one (1) or more worksites which may be in one (1) or more districts. 

      4. Home base is determined by the employee’s supervisor and is subject to the conditions in Article 10. 

2. Emergency Closure 

   1. The Superintendent may close the WESD or any of its component buildings or programs for reasons of inclement weather, fire, or other emergency reasons deemed sufficient. 

   2. Employees who are notified not to report for work on an emergency closure day shall have the option to "make up" the time, by mutual agreement with their supervisor, by working extra hours at their hourly rate until lost time is recovered (including on non-contract-days). Additionally employees may take sick leave, personal leave, vacation, emergency closure leave, non-contract time, or take the day unpaid.  

      1. If an employee is unable to work due to emergency closure at the worksite, the worksite may request the employee “make-up” the time (e.g., work on a replacement day). In this case, the DISTRICT not the worksite, shall determine whether the employee is to work the make-up day. Any accrued time taken will be restored for make-up time. 

   3. If an employee is unable to travel from home due to inclement weather, the employee will have the option of using accrued sick leave, personal leave, vacation, non-contract time, or take the day unpaid. 

   4. If the DISTRICT calls for a two (2)-hour delay due to weather and/or emergency conditions, classified employees scheduled to work during that time will remain in paid status during that two (2)-hour period. If it is determined that a closure is needed for the remainder of the day, the options in 7.2.b or 7.2.c shall apply. 

   5. Employees will be granted two (2) days of emergency closure leave which may be used for an emergency closure of a worksite or home base. Emergency closure leave can only be used for emergency closure and will not carry-over from year to year. If closure days are made up, employees will work the make-up days without any additional pay. 

   6. The emergency crew shall report to work on inclement weather closure days, for only the hours required by the DISTRICT. They shall be paid a minimum of two (2) hours for reporting or up to the actual time worked (if more than 2 hours) at one and one-half pay. The DISTRICT shall identify the emergency crew based on safety and maintenance needs of the DISTRICT, with as much prior notice to the emergency crew as possible. 

1. Discipline

   1. The DISTRICT will use just cause and progressive discipline when disciplining or dismissing employees. For the purposes of this Article, “discipline” includes written reprimands, unpaid suspensions, and involuntary demotions (except due to a reduction in force). 

   2. Just Cause
      For the purpose of this Article and Oregon Law, just cause is defined as: 

      1. An investigation, including a consideration of information presented by the accused employee unless they decline such an opportunity, shall be conducted regarding any charges or allegations. 

      2. The employee will be given written notice of the charges and will be given the opportunity to meet with their supervisor or designee to respond to the charges or allegations before discipline is administered.

      3. The employee’s past record shall be considered in determining the discipline. Disciplinary action shall be proportional to the seriousness of the employee’s offense. 

      4. In order for discipline to be administered the DISTRICT must have evidence or proof supporting the allegations or charges. 

      5. Employees shall be given forewarning of the performance and behavioral expectations of the DISTRICT, except for those offenses (including theft, insubordination and intoxication on the job), which by common knowledge, may properly be expected to be disciplined. 

1. Health and Safety 

   1. The DISTRICT shall provide safe and healthful working conditions as provided by applicable laws. Alleged violations of this section are exempt from the grievance process of this Agreement and must be pursued through the appropriate state or federal agency. 

   2. The DISTRICT and the UNION shall maintain a joint Safety Committee as provided for by state law (Oregon OSHA) and administrative rules. The DISTRICT and the UNION shall appoint or elect their respective members in accordance with at least the minimum number of members as provided by law or administrative rule. 

   3. No reprisals or discrimination shall be taken against any employee who makes disclosures of unsafe or unhealthy working environment. 

2. Property Damage/Loss 

   1. The DISTRICT shall reimburse employees for loss of or damage to personal property under the following circumstances:

      1. If property is stolen or damaged where there is evidence of forcible entry on a locked container provided by the DISTRICT or forcible entry into another secure place provided by the DISTRICT, the DISTRICT will reimburse the employee up to a maximum of eight hundred dollars ($800).

      2. If an employee is required to use DISTRICT equipment and the equipment is damaged or stolen due to no fault of the employee, the DISTRICT shall pay the applicable deductible and/or replacement costs. 

      3. If an employee is required to park their vehicle offsite and they have concerns for the safety of their vehicle, they should work with their direct supervisor to identify employee options related to offsite parking. 

   2. In regard to DISTRICT equipment loaned to employees, employees agree to follow current applicable district policy.   

3. Alcohol/Drug Free Workplace
   It is the intent of the BOARD of the Willamette ESD and the UNION to promote a healthy, supportive, and productive environment for both ESD staff and students. The BOARD and the UNION further considers that the abuse of and/or illegal involvement with alcohol and other drugs on the part of its employees and students to be destructive of this goal. 

   Employee Responsibilities Regarding Alcohol/Drugs in the Workplace 

   1. No classified employee shall manufacture, dispense, transfer, sell, possess, and/or use alcohol, tobacco (except for legal personal use), illegal drugs, or any intoxicants regardless of quantity in the workplace or at an ESD facility at any time.

   2. The following conduct is strictly prohibited and will subject an employee to immediate discipline, up to and including termination: 

      1. The buying, selling, transporting, possessing, providing, or using of intoxicants, including alcohol, marijuana, or any controlled substances as defined by law while on ESD property or property under control of the ESD, during work hours (including meal periods), or while assigned to extra duty or special projects, including those held after or in addition to regular working hours and while driving between work sites during the work day in either an ESD-supplied or an employee’s personal vehicle;

      2. Reporting for work under the influence of alcohol, intoxicants, or any controlled substance. An individual is considered to be “under the influence of alcohol, intoxicants, marijuana, and/or a controlled substance” when, in the Superintendent’s determination, the controlled substance is at a level that it may impair the individual’s ability to safely and/or efficiently perform assigned work, prevent the employee from presenting a positive role model, or cause discredit to the ESD. 

      3. Off-duty sale of illegal drugs/controlled substances or possession that is not related to a valid prescription. 

   3. If the supervisor/designated administrator has reasonable grounds to believe that an individual is under the influence of intoxicants, including alcohol, marijuana, or any controlled substance, the Superintendent, or designee, may require that employees submit to immediate drug and/or alcohol testing by trained medical personnel. Refusal to submit immediately to such tests may result in disciplinary action, up to and including dismissal. “Reasonable grounds” may include, but are not limited to, slurred speech, dilated pupils, peculiar odors, and unsteady balance. 

1. Workday Hours for Full-Time Employees 

   1. The workday for full-time employees is eight (8) hours, excluding lunch. Daily starting and ending times are determined by the individual supervisor. 

   2. The DISTRICT shall have the responsibility for determining the number of hours per day or hours per week to be worked by a full-time employee. 

   3. Employees shall be provided with a written schedule that includes start and end times, and rest and meal break times. 

   4. Employees required to travel on behalf of the DISTRICT between worksites during a single day of work will be compensated for all hours worked including while in transit. Travel plans shall be pre-approved by the employee’s supervisor. Supervisors may assign work to be completed during transit, when it is safe to do so.

      For travel to alternate worksite - If an employee is required to report to an alternate work site over thirty (30) miles away from their regular work location, they shall be paid for travel time.

      For travel outside of the DISTRICT - Employees who have been approved to travel for professional development, presentation of trainings or for other purposes on behalf of the District will be compensated for hours in transit during their regular work hours. In addition, those employees who drive to a required destination (airport, hotel, venue, etc.) during times outside of their regular work hours shall be compensated for those hours. - Travel plans shall be pre-approved by the employee's supervisor. Supervisors may assign work to be completed during transit, when it is safe to do so. 

2. Workday Hours for Part-Time Employees 

   1. Working hours and daily starting and ending times for part-time employees will be determined by the supervisor. 

   2. Employees shall be provided with a written schedule that includes start and end times, and rest and meal break times. 

   3. Employees required to travel on behalf of the DISTRICT between worksites during a single day of work will be compensated for hours worked including while in transit. Travel plans shall be pre-approved by the employee’s supervisor. Supervisors may assign work to be completed during transit, when it is safe to do so.

      For travel to alternate worksite - If an employee is required to report to an alternate work site over thirty (30) miles away from their regular work location, they shall be paid for travel time.

      For travel outside of the DISTRICT - Employees who have been approved to travel for professional development, presentation of trainings or for other purposes on behalf of the District will be compensated for hours in transit during their regular work hours. In addition, those employees who drive to a required destination (airport, hotel, venue, etc.) during times outside of their regular work hours shall be compensated for those hours. - Travel plans shall be pre-approved by the employee's supervisor. Supervisors may assign work to be completed during transit, when it is safe to do so. 

3. Workweek
   A full-time work week for employees shall be defined as forty (40) hours of work within a seven (7) day period, from 12:01 a.m. Sunday through 12:00 midnight Saturday. 

4. Rest Breaks
   Employees shall receive a fifteen (15) minute rest break during each segment of four (4) hours (or major part of four (4) hours) worked in one (1) work period. Such time shall be scheduled by the employee's immediate supervisor and be as near as possible to the halfway point of the segment of work.  

5. Meal Breaks
   Employees who are scheduled to work six (6) or more hours shall receive an uninterrupted, unpaid meal break of at least one-half (1/2) hour but not more than one (1) hour. Such time shall be as scheduled by the employee’s immediate supervisor and be as near as possible to the halfway point of the workday. Such time shall not be considered time worked.

   ln the event of an emergency for student health or safety, or if an employee is required or approved by a supervisor to work any part of their meal break, the employee will be paid for the full meal break. 

6. Overtime Compensation/Compensatory Time 

   1. Overtime shall be approved in advance by the immediate supervisor. 

   2. For all approved work in excess of forty (40) hours in any workweek, employees shall be compensated at the rate of time and one-half (1 1/2) in the form of pay or compensatory time off at the discretion of the DISTRICT. 

   3. Overtime shall be computed to the nearest one-quarter (1/4) hour. For the purpose of computing overtime, only worked hours shall be credited when determining total work period hours.

      The DISTRICT retains the right to decide the method of overtime reimbursement (either pay or compensatory time).

      Compensatory time not used by June 30th shall be paid at the employee’s regular wage in the following payroll. DISTRICT approved compensatory time shall be reported on the employee’s monthly compensatory report.

      The DISTRICT and the UNION, through Labor Management Committee (LMC), shall maintain agreement on a recognized compensatory time accounting system. 

7. Flex Time 

   1. Flexible time is defined as a temporary change in an employee’s scheduled work hours within one (1) workweek. The work shift starting or ending time, and/or the number of hours worked within one (1) day may be flexed. The total number of regular work hours for the workweek shall not change. 

   2. Either the supervisor or the employee may request flexing the employee’s schedule for the workweek. The request should be made thirty-six (36) hours in advance, whenever possible. Employee requests are subject to supervisor approval. 

   3. When hours cannot be flexed, and a part-time employee must work additional hours within one (1) workweek, e.g., due to a temporary increase in workload or for a scheduled event, the employee shall be paid at straight time for all additional hours worked up to forty (40) hours in the week.

      Any worked hours over forty (40) in the workweek shall be compensated at the overtime rate of one and one-half (1 1/2) times the rate of pay. 

8. Call Back
   Employees called back to perform work duties of an emergency nature (not due to emergency closure in Article 7.2.f) shall be paid for a minimum of two (2) hours if travel to a worksite is required, or up to the actual time worked if more than two (2) hours, inclusive of time spent in transit. If travel is required, and the total amount of time exceeds two (2) hours, time spent in transit shall also be paid. Mileage shall also be paid. If travel is not required, the minimum to perform work duties of an emergency nature will be one (1) hour.

   This time shall be paid at the rate of one and a half (1.5) times the regular rate of pay or by mutual agreement of the parties, the employee shall be allowed to use this time as flex during the week or earned as compensatory time. 

9. Itinerant Employees 
   The workday for itinerant employees shall begin at such time as they report for work at their first designated work site. 

10. Coverage for Absences/Vacancies
    In the event an employee is required to cover for an absent member/vacant position in addition to performing their regular duties, the employee may ask their supervisor for clarification as to which duties and responsibilities should take priority. 

11. Exempt Employees
    The District may hire employees who are considered exempt "Computer Professional Employees" under state and federal wage and hour laws. Exempt computer professionals shall retain all rights under the Collective Bargaining Agreement, except for Article 10.1.a, 10.3, 10.6, and 10.7.c. ln order to be considered exempt, an employee must be employed solely in an exempt classification.

1. Personnel Records 
   Employees shall have the right to review all materials in their personnel files. Employees shall have the right to have a UNION representative present during the review. Such review shall take place during the normal business hours and materials may be photocopied at a reasonable cost to the employee. Working files are permitted and are to be considered as extensions of the main personnel files, with similar rights of access and review. 

2. Personnel Files 
   No evaluation document, disciplinary document, or complaint that reflects critically upon an employee or the employee’s performance will be placed into the employee’s personnel file without a copy being furnished to the affected employee. Normally, proof that the employee has been given a copy will be obtained by having the employee sign or initial the file copy acknowledging receipt of a copy or by way of a statement by the supervisor that the employee has been shown the material and has refused to sign it.
   An employee’s signature or initials on the file copy shall not indicate the employee’s agreement with the contents of the document. 

3. Statements 
   Employees shall have the right to attach a written rebuttal to any document in the personnel file. 

4. Plans of Assistance 
   A Plan of Assistance for improvement may be a part of an employee's evaluation process. The purpose and design of the Plan of Assistance is to improve employee performance and shall not be considered disciplinary.

   The employee may be accompanied by a union representative at all meetings regarding the Plan of Assistance. The representative's role is to provide support and to ask clarifying questions, but not to speak on behalf of the employee.

The DISTRICT and the UNION encourage informal resolution of concerns about employees at the lowest level possible. Interventions and/or mediation will be offered when appropriate. During the period of time engaged in interventions and/or mediation, the ten (10) working day timeline referenced in 12.2 shall be held in abeyance.  

At the discretion of the complainant, concerns may be elevated to the formal complaint procedure contained in sections 12.1 through 12.5.  

The District may collaborate with the UNION when a concern is raised by a bargaining unit member against another bargaining unit member, with the complainant's consent. 

The District will notify the UNION when a bargaining unit member files a formal complaint against another bargaining unit member. 

1. If a complaint is made against an employee to the administration, such complaint shall be processed if, in the supervisor’s judgement, such complaint is sufficiently relevant to the employee’s performance as to indicate the need for investigation. 

2. A conference shall be held with the employee within ten (10) working days after the complaint is made to the administration. At the conference, the employee will be presented with the complaint in writing. 

3. Any such complaint which the administration chooses not to discuss with the employee, or which is not discussed within the required time shall not be considered in the employee’s evaluation and shall not be used against the employee in any subsequent action by the DISTRICT. 

4. Employees have the right to a UNION representative of their choosing at all levels of the process, but may not delay the meeting by more than two (2) of the employee’s workdays. 

5. The requirements of this Article shall not apply in situations in which the subject of the complaint is also the subject of a criminal investigation or investigation by an administrative agency. 

Definition of Responsibility 

1. A description of the duties of all classroom staff and assigned personnel pertaining to student discipline shall be provided in writing to each affected employee assigned to a district classroom. 

2. Employees shall be subject to the rules and practices regarding student discipline of the school district in which the classroom is located.

1. Vacancies 

   1. All bargaining unit vacancies not filled by transfer shall be posted on the DISTRICT’s website at least five (5) workdays prior to the filling of the open position. Postings shall indicate the job title, qualifications, duties, salary range and closing date, if applicable. Any person wishing to apply for the posted vacancy may do so by contacting the person listed or designated on the job posting, within the five (5) workday notification period. Vacancies which are to be filled on a substitute or temporary basis need not be posted. 

   2. Once a candidate has been selected to fill a vacancy, all internal candidates will be notified of the selection. Any qualified in-house applicant will have an interview up to a maximum not to exceed five (5) in-house candidates. Any internal candidate who is not selected to fill a vacant position may request a verbal response from the DISTRICT indicating the reason(s) for non-selection. 

2. Probationary Period 

   1. All Probationary Employees – The parties recognize a one hundred and twenty (120) workday probationary period is an integral part of the employee selection process and provides the DISTRICT with the opportunity to upgrade and improve operations by observing an employee’s work, and training and aiding employees in adjustment to their positions. The probationary period is intended to provide an opportunity to any new employee whose work performance fails to meet required work standards to make needed improvements to meet job expectations. 

   2. New Hire Probationary Employees – Every new employee hired into the bargaining unit shall serve a probationary period of one hundred and twenty (120) workdays.

   3. Bargaining unit employees hired into a new position or classification shall not serve an additional trial or probationary period. 

3. Transfers 

   1. Involuntary Transfer
      When an employee is involuntarily transferred from one (1) work site to another, written notice of at least ten (10) calendar days will be provided to the affected employee. The employee shall have the right to discuss the transfer with the employee’s supervisor. 

   2. Voluntary Transfer
      A voluntary transfer is a change in assignment or worksite within the same job title made at the request of the employee.

      Employees may request in writing a change of assignment within their current worksite by submitting such a request to their supervisor and to the Executive Director of Human Resources.

      Employees may express in writing to the Executive Director of Human Resources and their supervisor a desire for a transfer to a different worksite. Employees who request a transfer to a different worksite will be given consideration and shall have the opportunity to discuss their request with the Executive Director of Human Resources or designee.

      Should the DISTRICT intend to offer a vacancy as a transfer opportunity to bargaining unit members of the same job title, the DISTRICT shall send notice of the opportunity to the UNION. The position shall be available for employees to express their interest in the transfer for a period of five (5) workdays. At the end of the five (5) workday interest period, the DISTRICT will consider all interested bargaining unit members and determine the employee that will be transferred into the position.

      An employee whose transfer request is denied may request and shall receive a written response from the DISTRICT indicating the reason(s) for the denial. 

4. Reclassification
   The DISTRICT and the UNION have established a written reclassification procedure, which is published on the Willamette ESD website.

   Should an employee believe that they are actually performing the duties and/or responsibilities of a higher existing classification, they may submit a request to the Executive Director of Human Resources for reclassification review using the official Reclassification Review Request form.

   This review process is not to be used to “declassify,” reduce, or degrade classified employees’ classification assignments or to address workload issues which occur within any current job assignment.

   The Reclassification Committee shall be composed of an equal number of individuals appointed by the DISTRICT and the UNION. Any updates by the Committee shall be subject to approval by both the DISTRICT and the UNION prior to being implemented.

   Reclassification reviews shall be scheduled to occur during Reclassification Committee meetings to convene within one (1) month of the receipt of the reclassification requests.

   Should the Reclassification Committee determine that no adequate job classification exists, the DISTRICT may amend job duties to accurately reflect the current job classification, or the DISTRICT may determine an appropriate new or revised job description/classification. There will be a meeting with Human Resources and Union within one (1) month to begin next steps. Changes to job descriptions shall be approved by Human Resources. The DISTRICT will bargain the new job description/classification in accordance with Oregon Law.

5. Temporary Reclassification and Compensation 
   When an employee is temporarily assigned by the DISTRICT to perform duties in a higher-paying classification—whether to cover for an absent employee, fill a vacant position, or meet department or program needs—the employee shall be considered temporarily reclassified for the duration of the assignment.

   Effective on the fifth (5th) consecutive workday of such assignment, the employee shall receive compensation at the higher of the following rates: 

   • The pay step in the higher classification that is one step above the employee’s regular salary; or 

   • The first pay step of the higher classification’s salary range.

   This adjusted rate of pay shall be applied retroactively to the first day of the temporary assignment and shall remain in effect until the temporary duties are no longer assigned. 

6. Resignation 
   Classified employees will give notice of intent to resign at least ten (10) days prior to leaving the ESD. The Superintendent or designee is authorized to accept resignations of classified employees effective the day they are received.

   If an employee voluntarily separates from DISTRICT employment for any reason besides retirement, but is rehired as a regular DISTRICT employee within sixty (60) calendar days, then there shall be no break in service as it relates to their original seniority date. 

7. A minimum of one (1) classified employee shall be included in the initial round of interviews for classified, administrative, and non-represented positions. Where practical, the UNION shall be given an opportunity for input into the selection. 

1. The DISTRICT may, if it experiences any unexpected revenue shortfall which would affect the BOARD’s ability to fund the economic provisions of this Agreement reopen negotiations regarding only the economic provisions of this Agreement. Economic provisions are salary and insurance. Any negotiations resulting from the DISTRICT’s re- opening of the Agreement shall be pursuant to ORS 243.698. 

2. If the DISTRICT reduces or terminates its operations because of a lack of funds, no member of the bargaining unit shall be entitled to any salary or fringe benefits provided in the Agreement. 

3. The Agreement does not guarantee any level of employment. 

1. Definitions 

   1. Grievance – A claim by an employee, a group of employees, or the UNION based on the interpretation, application, or violation of this Agreement. 

   2. Grievant – The party who has the grievance. 

   3. Days – Those days that the DISTRICT office is open for business. 

2. General Procedures 

   1. The procedures shall be implemented as rapidly as possible; the number of days indicated for settlement or appeal at each level shall be considered a maximum. 

   2. The grievant shall have the right to be represented at each level of the grievance procedure by a UNION representative. 

   3. Failure at any level of this procedure by the grievant to appeal a grievance to the next level within the specified time limits shall be deemed to be acceptance of the decision rendered at that level. Failure at any level of this procedure to communicate the decision in writing on a grievance within the specified time limit shall permit the grievant to proceed to the next level. 

   4. OSEA’s official grievance form shall be used by the grievant in presenting a grievance. 

   5. All parties in interest will process grievances after the regular workday or at other times which do not interfere with assigned duties.
      Each grievance must be initiated within twenty (20) days after the occurrence of the cause for the complaint; however, if the grievant did not become aware of the occurrence until a later date, then the action must be initiated within twenty (20) days following first knowledge of the cause. In failing to thus initiate action, the employee shall be considered to have no grievance. 

3. Levels of Grievance 

   1. Level One 
      With a view to informal settlement, disputes shall be thoroughly discussed between the grievant and the supervisor to seek grounds for resolution. The supervisor/director may have present the Deputy Superintendent or designee at this discussion. If the grievant is not satisfied with the disposition of the grievance, a written grievance may be filed with the supervisor/director who has administrative authority to act within ten (10) days following the informal meeting. This grievance shall set forth the grounds upon which the grievance is based and the reasons the grievant considers the decision rendered to be unacceptable. The supervisor/director shall communicate the decision in writing within five (5) days to the grievant.

      Within ten (10) days of receipt of the decision rendered by the supervisor/director, the grievant, if not satisfied with the decision of the supervisor/director, may appeal in writing to the Superintendent. 

   2. Level Two
      Appeals to the Superintendent shall be heard by the Superintendent or designee within ten (10) days of receipt of the appeal. Prior written notice of the time and place of the meeting shall be given to the grievant, the representative or any other persons officially involved.

      Attendance at the meeting of appeal shall be restricted to persons officially involved. The Superintendent may allow for parties in interest to call witnesses.

      Within ten (10) days of the hearing the appeal, the Superintendent shall communicate to the grievant and all other parties officially present at the meeting the written decision, which shall include supporting reasons therefore.

      If the grievant is not satisfied with the decision of the Superintendent, a written appeal may be filed with the Superintendent within ten (10) days from the receipt of the Superintendent’s decision. The appeal shall state the grievant’s reasons for appealing the decision of the Superintendent and request appeal to Level Three, Board of Directors. 

   3. Level Three 
      The appeal shall be in writing and copies delivered to Board members, the Superintendent and persons officially involved. The Superintendent shall notify the grievant within ten (10) working days of the date of the BOARD hearing. The BOARD shall conduct the hearing. The BOARD shall communicate to the grievant and all other parties officially present at the hearing, its written decision and the facts that are the basis for that decision within ten (10) working days from the date of the hearing.

      All BOARD meetings shall be conducted in accordance with the Oregon Public Meeting Law. Meetings may be open as required by the Public Meetings Law.

      The UNION will have ten (10) days following the BOARD’s decision to notify the DISTRICT of its intent to request arbitration of the dispute or if no decision has been rendered within ten (10) working days after the presentation, the UNION may request to submit the grievance to arbitration. 

   4. Level Four
      Grievances not settled in Level Three of the grievance procedure may be appealed to arbitration provided that a written notice of a request for arbitration is made by the UNION to the Superintendent within ten (10) working days of the receipt of the BOARD’s answer in Level Three.

      When timely request has been made for arbitration, the parties or the designated representatives shall attempt to select an impartial arbitrator. Failing to do so, they shall within ten (10) days of the appeal jointly request the Oregon Employment Relations Board to submit a list of seven (7) arbitrators. As soon as the list has been received, the parties or their designated representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately strike a name from the list, and the seventh (7th) and remaining name shall act as the arbitrator.

      The arbitrator shall schedule a meeting on the grievance and, after hearing such evidence as the parties desire to present, shall render a written decision. The arbitrator shall have no power to advise on salary adjustments, except as to the improper application thereof, nor to add to, subtract from, modify, or amend any terms of this Agreement. The arbitrator shall have no power to substitute the arbitrator’s discretion for that of the BOARD in any manner not specifically contracted away by the BOARD. A decision of the arbitrator shall, within the scope of the arbitrator’s authority, be final and be binding upon the parties. There shall be no valid claim of a violation of the Agreement regarding any act or condition, which occurs after the expiration thereof. 

   5. Grievance Cost 
      If the UNION prevails, costs of the arbitration proceeding, such as fees of the arbitrator and costs of the meeting room, shall be paid by the DISTRICT. If the DISTRICT prevails, costs shall be paid by the UNION. 

The BOARD may lay off any employee(s) because of a lack of funds, curtailment of work, a change in organization, or administrative determination. The order of the layoff for regular employees shall be based on qualifications, seniority, merit, and/or competence. 

1. Layoff 

   1. A layoff shall be defined as the elimination of an entire position currently occupied by a member of the bargaining unit, or as a situation in which either the employee’s scheduled workday is reduced by more than two (2) hours per day, or the employee’s number of scheduled annual workdays is reduced by more than five percent (5%). 

   2. Whenever the BOARD determines that a layoff is necessary, it will notify the UNION of the positions and FTE in question no less than five (5) days prior to notification to affected employees (UNION will use this notification for review and scheduling purposes). Notification to affected employees shall occur at least ten (10) workdays prior to the scheduled date of layoffs. 

   3. Seniority shall be defined as the total length from the first day of actual continuous service with the DISTRICT as a Regular Employee regardless of job classification. If employees have the same hire date, the employee with the greatest amount of continuous service in the affected job classification shall have the greatest seniority. If employees have the same hire date and same length of continuous service, the relative seniority shall be determined by drawing lots. Lots will be drawn by the UNION’s President(s) and the DISTRICT’s Executive Director of Human Resources, or their designees. 

   4. Layoffs shall be conducted within the affected job title. When a layoff is conducted, the least senior regular employee within the impacted job titles shall be designated as the employee to be laid off, subject to the provisions of this article. In the event of layoff caused by the closure or elimination of an entire program or service, all employees serving within that impacted program or service shall be subject to layoff. 

   5. Employees designated for layoff may “bump” the least senior employee within the same job title the laid off employee held at the time of layoff, or the least senior employee in a job title that the laid off employee previously held as a regular employee for the DISTRICT within the past five (5) years. If the employee can demonstrate the ability to fill the position they will be allowed to proceed with the “bump.” The ability to bump the least senior employee is subject to Article 17.1.f below. If the senior employee bumps to a lower paying classification, they shall be placed on the pay step that is commensurate with their years of DISTRICT experience. 

   6. If the DISTRICT desires to retain a Regular Employee with less seniority than another Regular Employee being laid off, or if the DISTRICT disallows a more senior employee who has been designated for layoff from bumping a less senior employee, the DISTRICT shall determine that the less senior employee being retained has more qualifications, merit, and/or competence than the more senior employee being laid off or denied the ability to bump. When the DISTRICT is considering the use of merit and/or competence in retaining a less senior staff member, it will consider such factors as (this list is intended to be illustrative, not exclusive): an employee’s current and prior evaluations (including plans of assistance), prior disciplinary record, certification(s) held by employee, specialized training employee has received, prior experience working in a specific program or with a specific student. 

   7. Layoffs and any subsequent bumping will be based upon criteria set forth in Article 17.1(c-f). Staff members to be laid off will receive a prior notification of ten (10) working days. 

2. Recall 

   1. Laid off employees shall be eligible to be recalled to positions in the job title that they occupied at the time of layoff or previously held job titles within the past five (5) years. Laid off employees shall be recalled in reverse order of layoff, although less senior employees may be recalled before more senior employees based on the same qualifications, and/or specialized skills. 

   2. An employee who is laid off will remain on the layoff list and be eligible for recall for twenty-seven (27) months. No new employees shall be hired to any position until all laid-off employees who are fully qualified for the position have been given an opportunity to accept the position. 

3. Notification 
   The DISTRICT shall notify laid-off employees of a recall by certified letter, return receipt requested, at their address of record as maintained in the Human Resources office. Laid-off employees shall have seven (7) calendar days from the date of receipt of such notification in which to indicate their acceptance or rejection of the position and an additional fourteen (14) days to begin active employment. 

4. Forfeiture of Recall Rights 
   If the employee cannot be reached at the last known address, if the employee fails to pick up the certified letter of recall with seven (7) calendar days, if the employee fails to notify the DISTRICT within seven (7) calendar days of the receipt of the certified letter of recall, or if the employee rejects any position offered for which they are qualified, the employee shall forfeit all recall rights and shall be deemed to have resigned from DISTRICT employment. 

5. Waiver of Recall Rights 
   Employees who wish to waive recall rights may do so by written notification to the DISTRICT. 

6. Reinstatement of Benefits 
   Employees returning from layoff shall have all previously accrued sick leave, rate of vacation accrual, and seniority reinstated, but not receive benefits for the period of the layoff. 

1. Labor Management Committee 

   1. Representatives of the Association and the District have formed a joint Labor Management Committee to encourage labor-management cooperation. The Committee will meet regularly to create opportunities for resolving problems identified by either side, and to provide a forum for communication, to track issues, gather and exchange relevant information, research concerns, engage in joint problem solving, and to collaborate on actionable solutions. 

   2. The LMC shall be composed of a minimum of seven (7) members and not to exceed fourteen (14) members with equal members appointed by the UNION and by the DISTRICT. Apart from the members on the LMC, the OSEA Field Representative may attend the meetings as an advisor to the UNION Chapter members.
      Notwithstanding, the parties agree that the UNION’s Chapter President(s) will serve on the LMC as will a cabinet-level administrator from the DISTRICT. Permanent or temporary membership on the LMC may be expanded by the mutual agreement of the UNION and the DISTRICT. Either party may have consultants present at the LMC meetings as they deem appropriate. 

   3. The LMC shall meet once a month, unless mutually agreed otherwise. LMC meetings may be canceled if both parties agree that there is nothing to discuss. LMC members shall be in paid status during time spent in the LMC meetings. Time spent in meetings shall neither be charged to leave time nor considered to be overtime worked. A bargaining unit member serving on the LMC shall coordinate any necessary coverage of regular duties with their immediate supervisor; however, attendance at LMC meetings may not be denied except in an emergency. 

   4. The parties agree that the LMC shall be on a meet-and-confer basis only. The LMC shall not be construed as having the authority or entitlement to negotiate the collective bargaining agreement, or to enter into any agreements binding on the parties to the collective bargaining agreement, or to resolve issues or disputes surrounding the implementation of the collective bargaining agreement, or to hear matters that should be resolved through the grievance procedure of the collective bargaining agreement. 

   5. LMC recommendations which may require a Memorandum of Understanding shall not be implemented until the Memorandum has been signed by the DISTRICT’s Board Chairperson, the Union Chapter President(s) and the Union Field Representative.
      Any recommendation which requires an amendment of the collective bargaining agreement must be approved by the DISTRICT’s Board of Directors at the next Board meeting and the UNION through its internal ratification processes. 

2. Administration of Agreement 
   It is agreed that, before the parties to this Agreement will resort to remedies afforded them under Oregon Law; they will first exhaust the remedies provided by the grievance procedure of this Agreement.

   The duration of this Agreement shall be for three (3) years from its effective date provided, however, that it shall be renewed automatically on its termination date for another one (1) year in its existing form, unless one (1) party gives written notice to the other party by the end of the month of February before its expiration date of its intention to terminate, amend, or modify the Agreement. It is intended by the parties that a renewed Agreement shall have the same effect as an original Agreement between the parties. 

3. Negotiation Procedures
   The parties may agree to appoint other committees to perform tasks preliminary to or supplemental to negotiations. Nothing herein is intended to preclude open bargaining sessions.

   It is recognized that employees representing the UNION for the purpose of negotiations are acting on behalf of the UNION and its members and not in their capacities as employees of the BOARD. Such employees shall suffer no loss of pay or other benefits in performing this function and the BOARD shall incur no additional financial obligation as a result of their participation in negotiations. 

1. In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction or through government regulations or decree, such decision shall not invalidate the entire Agreement, it being the expressed intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect. 

2. Should any provision of the Agreement be invalidated as described above, that provision shall be subject to renegotiation upon the request of either party. Such request and subsequent negotiations shall be conducted according to the provisions of ORS 243.698. 

1. Salary
   Eligible employees shall receive a step increase on the salary schedule each year of this Agreement on July 1st.  In order for new employees to receive a step increase on the first day of the new fiscal year, July 1st, they must have been hired by December 31st of the previous fiscal year. 

   Effective July 1, 2025 the salary schedule shall be the 2024-2025 schedule increased by three and one-half percent (3.5%) Eligible employees will receive a step on the salary schedule. 

   Effective July 1, 2026, the salary schedule shall be the 2025-2026 schedule increased by two and one-half percent (2.5%).  Eligible employees will receive a step on the salary schedule. 

   Effective July 1, 2027, the salary schedule shall be the 2026-2027 schedule increased by two and one-half percent (2.5%) Eligible employees will receive a step on the salary schedule. 

   1. Bilingual Position Stipend 

      Effective July 1, 2025, a yearly stipend of one thousand five hundred dollars ($1,000.00 $1,500.00) per year, prorated by FTE, shall be added to the wages of employees who occupy positions designated by the DISTRICT as “bilingual required”.  Occupants of designated positions shall pass the DISTRICT’s proficiency test prior to being eligible for the stipend.  Employees will receive their stipend in the June paycheck. 

      Effective July 1, 2026, the bilingual position stipend shall increase by two and one-half percent (2.5%). An additional two and one-half percent (2.5%) increase shall take effect on July 1, 2027. 

   2. Bilingual Proficiency Stipend 

      Employees who are not assigned to a position designated by the DISTRICT as requiring bilingual proficiency, but who successfully pass the DISTRICT’s bilingual proficiency assessment, shall receive an annual stipend of seven hundred fifty dollars ($750), prorated based on the employee’s full-time equivalency (FTE). This stipend shall be paid in the June payroll cycle. 

      Effective July 1, 2026, the bilingual proficiency stipend shall increase by two and one-half percent (2.5%). An additional two and one-half percent (2.5%) increase shall take effect on July 1, 2027. 

   3. New and Revised Job Descriptions 

      Should the DISTRICT create a new job description or revise an existing job description by adding duties or responsibilities, the DISTRICT will notify the UNION and bargain upon demand in accordance with Oregon Law.

   4. Effective July 1, 2025, the following positions shall be moved to the new pay ranges as indicated: 

      Position:	From Range:	To Range:
      Custodian	11	13
      Registrar	12	13
      Payroll Specialist	16	17
      Senior Payroll Specialist	19	22
      Budget/Accounting Specialist	16	22
      Application Developer	25	26
      Lead Application Developer	27	28

       Effective July 1, 2026, the following positions shall be moved to the new pay ranges as indicated: 

      Position:	From Range:	To Range:
      Senior Clerical Specialist	12	13

   5. Effective July 1, 2025, the following positions shall receive new position titles and be moved to the new pay range as indicated: 

      From Position Name:	Pay Range:	New Position Name:	Pay Range:
      Receptionist	11	Senior Clerical Specialist	12
      Instructional Assistant- Speech	16	Speech Language Pathology Asst.	20

   6. Effective July 1, 2025 a new classification of Accounts Payable Specialist will be created at range 17. 

   7. Longevity Pay – Bargaining unit members who have been employed continuously with the DISTRICT for at least ten (10) years shall be eligible to receive an annual longevity stipend.  Eligibility is determined each July 1st with payment being made in the employee’s following May paycheck if the employee remains employed with the DISTRICT. Employees with at least ten (10) years of service on July 1st shall receive a one percent (1%) longevity stipend. The stipend will increase to two percent (2%) once the employee has fifteen (15) years of service. The stipend will increase to three percent (3%) once the employee has twenty (20) years of service. 

2. Public Employees Retirement System (PERS)
   During the term of this Agreement, the DISTRICT shall continue to “pick up” the employees’ contribution of six percent (6%) towards the PERS and/or Oregon Public Service Retirement Plan (OPSRP) (as applicable) retirement benefits. 

3. Placement on Salary Step 

   1. Initial salary step placement for new shall be determined in accordance with relevant experience. 

   2. Salary placement for current employees who change positions. 

      1. An employee who moves to another position shall not suffer any salary reduction provided that the new position has greater responsibility as indicated by the salary range. The employee shall be placed on the step for the new position which shall result in a salary increase. When such changes have occurred on or before January 1, the employee shall be entitled to a step increase on July 1. 

      2. When an employee moves to another position having a lesser responsibility as indicated by the salary range, placement shall be determined in accordance with relevant experience. 

4. Insurance Benefits 

   1. Insurance package options offered by OEBB shall be made available to the bargaining unit members by the DISTRICT. The specific package options shall be determined on an annual basis by the UNION. 

   2. For each eligible bargaining unit member electing to receive insurance benefits (see Article 20.5), the DISTRICT will make a monthly contribution towards insurance premiums as follows: 

      1. 2025-26 Up to $1,535 per month per eligible 1.0 FTE member. 

         2026-27 Up to $1,560 per month per eligible 1.0 FTE member. 

         2027-28 Up to $1,595 per month per eligible 1.0 FTE member. 

         If actual premiums are less than the negotiated DISTRICT contribution, it is agreed the maximum DISTRICT contribution will be the lesser of the actual premium for those insurance programs identified in Article 20.4.a. 

   3. Employees who select an insurance package that has a monthly premium cost equal to or less than the maximum DISTRICT contribution shall have the full premium paid subject to the provisions of Article 20.5. Employees who select an insurance package with a cost greater than the maximum DISTRICT contribution shall have the difference deducted from their paychecks.

      It is understood and agreed any employees eligible for insurance coverage under any state offered health plans that do not meet the requirements for eligibility under this Agreement will not receive any DISTRICT contribution. Furthermore, by enrolling in any of the plans they agree to a payroll deduction for the full premiums of selected plans including any administrative fees.

      In the event the DISTRICT is required or elects to move to a tiered rate format, the DISTRICT shall meet with the UNION at least ninety (90) days prior to implementation to discuss the issue.

      Insurance Pool: 

      1. An insurance pool shall be created to include all insurance contribution monies unexpended by the DISTRICT due to eligible classified employees who waive or opt out of the WESD insurance program and those employees selecting plans with costs below the District allocated amounts; less DISTRICT payments to members who waive or opt out or receive other payments by selecting the qualifying high deductible plans as set forth in this Article. 

      2. One hundred percent (100%) of the insurance pool funds are to be used to offset the out-of-pocket portions of premiums and benefit costs of UNION bargaining unit members as identified in this Agreement. 

      3. The UNION is responsible for the administration of the insurance pool and for notifying membership of changes to the pool. 

      4. Pool fund calculations will be verified by the Executive Director of Business Services and Executive Director of Human Resources prior to the UNION notifying membership. 

      5. The Classified Insurance Committee shall determine the specific amounts to be allocated toward bargaining unit member premiums and other benefit costs identified in this Agreement. 

      6. At the beginning of each plan year, October 1, ten thousand dollars ($10,000.00) shall be reserved in the insurance pool account. 

      7. A ten thousand dollar ($10,000) life insurance plan shall be included at no cost for each Classified employee, should sufficient resources be available in the insurance pool to pay for the premiums. 

   4. Health Savings Accounts 
      Once the payroll deductions, if any, have been determined as provided herein, said amounts shall remain in effect for the duration of the insurance year. 

      1. Any classified employee who makes the decision to choose the designated qualifying High Deductible Plan shall receive an initial one (1) time incentive deposit of five hundred dollars ($500) into a Health Savings Account. Such deposits will be on a prorated basis for less than full time employees. Willamette ESD shall also contribute fifty percent (50%) of the gap between the actual cost of the premium and the maximum agency contribution for each year of the Agreement. Employees will be allowed to make additional contributions into such accounts at their own expense up to the maximum allowable by the Internal Revenue Service (IRS). 

   5. Bargaining unit members who are eligible to receive a DISTRICT contribution toward insurance may choose to opt out of the DISTRICT insurance program and, in lieu of the insurance contribution, receive a monthly stipend of five hundred dollars ($500) subject to all applicable tax. This amount shall be prorated for members who are less than 1.0 FTE. In order to opt out, bargaining unit members must provide proof of other medical coverage. Members will only be allowed one (1) opportunity annually, during open enrollment, to opt out. The opt out decision must be made annually and once made cannot be revoked unless the other medical coverage is lost. Should Article Section 20.4.e become legally ineligible, the DISTRICT’s obligation to provide payments under this section shall cease and there shall be no obligation on the District to replace that payment with an alternate form of compensation. 

   6. Unused employer contributions may not be used toward other coverage except as provided within this Agreement.

      The DISTRICT and the UNION agree premiums shall include any administrative fees. Any administrative costs assessed by the OEBB shall be considered to be part of the premium costs for the insurance program and are subject to the same contribution limitations stated above. The DISTRICT will not be responsible for any costs associated with the insurance program beyond the negotiated contribution. 

5. Eligibility 
   Insurance benefits will be paid for regular employees working at least one-half (1/2) time [working at least twenty (20) hours per week]. Paid insurance benefits for regular employees will be directly proportional to the amount of time worked when compared to one (1.0) full-time equivalency (FTE).

   Newly hired regular classified employees working at least twenty (20) hours per week shall be eligible to begin receiving insurance coverage as follows:

   New employees hired the first (1st) day of the month through the fifteenth (15th) day of the month shall be eligible to begin receiving insurance coverage on the first (1st) day of the second (2nd) month of employment. (Example: employment start date September 1-15, insurance coverage begins October 1st.)

   New employees hired the sixteenth (16th) day of the month through the last day of the month shall have an additional wait of one (1) month and begin receiving insurance coverage on the first (1st) day of the third (3rd) month of employment. (Example: employment start date September 16th - 30th, insurance coverage begins November 1st)

   The DISTRICT does not guarantee against unilateral changes in benefits initiated solely by the insurance carriers (companies) or OEBB. In the event of carrier-initiated benefit or program changes during the life of this Agreement, the parties agree to bargain, upon demand, over potential changes in the benefit package or carrier. 

6. Voluntary Salary Deductions for Other Coverage and Programs 
   Voluntary salary deductions are available for the following coverage and programs: 

   1. Life Insurance (Above the $10,000 provided by Insurance Pool)
   2. Section 125 Accounts
   3. Tax Sheltered Annuities
   4. Accidental Death and Dismemberment
   5. Long Term Disability Income Protection
   6. Short Term Disability Income Protection
   7. Deferred Compensation
   8. Cancer/Intensive Care, and other after-tax insurance
   9. Health Savings Accounts

   10. United Way

7. Professional/Staff Development 
   The DISTRICT will maintain an annual fund of fifteen thousand dollars ($15,000) for reimbursement of costs to employees for approved course tuition, conferences and workshops. Each employee is entitled to a maximum of one thousand dollars ($1,000) in pre-approved expenses until the fund is exhausted. Expenses must be directly related to the employee’s position with the ESD, or their professional goals.

   The DISTRICT will pay for actual expenses incurred for training required by the DISTRICT. Employees shall remain in paid status during the course of any required training.

   By January 15th of each fiscal year, the District shall provide the Association President(s) with a detailed accounting of the professional development reimbursement fund, including: 

   • Total amount reimbursed to date
   • Funds committed but not yet disbursed, and

   • Remaining available balance.

   If, by the end of March, there are unexpended or uncommitted funds remaining in the reimbursement account, employees may submit additional reimbursement requests for up to an additional one thousand dollars ($1,000), subject to the availability of funds.

   In the event that eligible reimbursement requests exceed the remaining available funds,   awards shall be determined by a random lottery selection process.

   Between the first and second year of each State biennium, any remaining fund balance shall roll over and be combined with the annual contribution for the second year. However, unexpended funds shall not carry over from one State biennium to the next. 

8. Mileage Reimbursement 

   1. Employees required in the course of their workday to drive personal vehicles shall be reimbursed for mileage expenses at the current federal mileage rate at the time the travel is incurred. The same allowance shall be given for the use of personal vehicles for DISTRICT approved field trips or other DISTRICT business.

   2. Employees shall not be required to transport District equipment to their homes in their personal vehicles due to the need to deliver the equipment to a different site location the following day. 

   3. Itinerant employees shall be reimbursed for actual mileage driven during the workday excluding commuting miles. 

      1. Commuting miles shall be defined as the miles between the employee’s home and the designated home base and between the designated home base and the employee’s home. Employees shall be assigned to only one (1) home base. 

9. Overpayment
   With adequate documentation that an overpayment has occurred, the employee may reimburse the district by cash, check, or, upon mutual written agreement, from their paycheck(s). The obligation of employee repayment of overpayment is limited to overpayment that occurred within the previous 12-month period. The payroll deductions may be spread over up to six (6) months (if $600 or less) or up to twelve (12) months (if greater than $600).

   When an employee separates from employment, the District will calculate the actual amount of pay due the employee and reconcile it against what the employee has already been paid (days worked and leave used). The remainder owed will be reflected in the employee's final paycheck. If there is overpayment for any other reason, the employee may reimburse the district by cash, check, or, upon mutual written agreement, from their final paycheck (amount of overpayment limited to the previous 12-month period. 

1. Bereavement Leave 

   1. Employees shall be allowed up to five (5) days leave, with pay, for each death in the employee’s immediate family (employee’s immediate family is defined to include:  

      • spouse/domestic partner, children, stepchildren, grandchildren, parents, stepparents, grandparents, siblings, aunts, uncles, nephews, nieces 

      • spouse’s/domestic partner’s children, stepchildren, grandchildren, parents, stepparents, grandparents, siblings, aunts, uncles, nephews, nieces 

      • any person who is a resident of the employee’s household. 

   2. Employees shall be allowed up to five (5) days leave, with pay, for loss of pregnancy or stillbirth of a child (applies to either parent). 

   3. Employees shall be allowed up to three (3) days leave, with pay, for each death for any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship and who is not otherwise covered in 21.1.a herein. Additional leave may be available to the employee through the Oregon Family Leave Act. 

   4. Up to one-half (½) day of bereavement leave will be granted to attend the funeral of a student or colleague. 

   5. The Superintendent or designee may authorize bereavement leave to be utilized in the event of a death of a person not specifically listed in Section 21.1.a herein. 

2. Sick Leave 

   1. Sick leave, in addition to covering an employee, shall also cover the absence of an employee due to the illness or medical appointments of a member of the employee’s immediate family or household or an absence which qualifies under the Oregon Sick Time Law. The definition of immediate family or household members is defined by Family Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA). 

   2. Employees shall receive one (1) day of paid sick leave per month worked in accordance with Oregon Law. 

      1. Sick leave shall be credited to each employee on the first day the employee reports to work in a contract year. For employees who begin after the start of the contract year, sick leave shall be credited on the first day of active employment and shall amount to one (1) day for each payroll month remaining in the work year. If an employee separates employment prior to June 30th and has used unearned sick leave, the final paycheck shall be adjusted accordingly. 

      2. Certification by one (1) or more physicians that an illness or injury prevents an employee from carrying out their duties may be required when the employee is absent in excess of five (5) consecutive workdays. The DISTRICT may require such certification at any time if it appears that an employee may be abusing sick leave privileges. 

      3. An employee who is assigned for a school year but is unable to assume assigned duties at the start of that year shall be allowed sick leave up to, but not to exceed, the maximum accumulated prior to the start of that year, to be paid the same as though the sickness or injury had been incurred after a return from duty for the school year. 

      4. At the time of original employment or subsequent re-employment by the DISTRICT, an employee who was previously employed in an Oregon school district shall be credited with up to seventy-five (75) days unused sick leave accumulated in and reported by such prior District; provided, however, that in the calculation, no single sick leave day will be counted more than once. 

   3. On each payday each employee shall be given a written accounting of their use and accumulation of sick leave. 

   4. An employee is eligible to access their accrued sick leave for prenatal care and on those days they are scheduled to work but it has been certified by their doctor they are unable to work due to a disability caused by their pregnancy. 

   5. Employees who enter into an extended protected leave shall be allowed to set aside up to three (3) days of their accrued sick leave time to be used as needed upon their return to work from the leave. 

   6. Employees shall be allowed to take accrued sick leave for the purpose of emergency closures of the worksite or the inability to arrive at the worksite due to emergency conditions.

      If the DISTRICT reschedules lost workday(s) due to emergency closure, to be worked on non-calendar days, employees shall not use sick leave but shall work on those make-up day(s). Make-up days shall be scheduled to begin during an employee’s regularly scheduled work year or within one (1) week of the last workday of their work year. 

3. Court Appearances
   Employees who appear before a court, legislative committee, or other judicial or quasi- judicial body as a witness in response to a subpoena or other direction by proper authority, shall be granted leave for such appearance, provided that the salary paid to such employee shall be reduced by an amount equal to that received by such employee as witness fee (excluding travel expenses). This provision does not apply in any case where the UNION or the employee is a complainant in a case against the DISTRICT. 

4. Jury Duty
   Any regular employee shall be granted a leave of absence with pay for service upon a jury, provided that the salary paid to such employee for the period of absence shall be reduced by the amount of any monies paid for jury service (excluding travel expenses).

5. Personal Leave 

   1. Up to three (3) days of non-cumulative personal leave will be awarded each contract year. Personal leave shall be used for legal, business, educational, family matters, or emergency situations, which cannot be attended to during non-business hours. The following provisions must be adhered to when such leave is used: 

      1. A request to the principal or supervisor to use personal leave must be made at least two (2) workdays prior to taking the leave except in the case of an emergency. 

      2. No personal leave will be granted the week before school starts and the first and last week of school, except in the case of an emergency. 

      3. Personal leave shall not be granted for use immediately before or following a paid holiday except in the case of emergency. 

   2. In case of an emergency, the employee may verbally notify the immediate supervisor that an emergency situation exists, and leave shall be granted. As soon as possible upon returning to duty, the employee shall submit the appropriate request for personal leave, and upon the DISTRICT’s receipt, personal leave shall be granted. 

6. Vacation Time for Employees Hired Prior to September 14, 2009 

   1. Employees hired prior to September 14, 2009 have a previously established accrual rate for vacation time earnings and shall maintain that accrual rate during the term of this Agreement. 

   2. Vacation time hours are available to use the month after they have been accrued. 

   3. The maximum number of vacation time hours that can be carried over after July 31st of each year is 160 hours (maximum vacation accrual). Any hours accrued over 160 will be removed from the employee's vacation balance as of August 1st of each year. 

   4. When an employee hired prior to September 14, 2009 terminates employment with the DISTRICT, up to one hundred sixty (160) hours of accumulated vacation time will be paid by the DISTRICT. When computing vacation payout, only full months of service shall be counted at the termination of employment. Vacation time for eligible part-time employees shall accrue prorated according to FTE. 

   5. Employees shall use accrued vacation time or unpaid leave during DISTRICT closure days. 

7. Twelve (12)-Month Calendar/250 Contract Days (July 1, 2025 - June 30, 2027)
   Employees shall accrue 6.67 hours of vacation time monthly (prorated according to FTE). New employees shall not be entitled to use vacation time until they have completed three (3) months of continuous service. 

   1. Vacation time hours are available to use the month after they have been accrued, except for new employees as noted in 21.7.a above.

   2. The maximum number of vacation time hours that can be carried over after July 31st of each year is 160 hours (maximum vacation accrual). Any hours accrued over 160 will be removed from the employee's vacation balance as of August 1st of each year.

   3. When an employee terminates employment with the DISTRICT, an amount up to 120 hours of accumulated vacation time will be paid by the DISTRICT. When computing vacation time payout, only full months of service shall be counted at the termination of employment. 

8. Twelve (12)-Month Calendar/ 255 Contract Days (Effective July 1, 2027) 

   1. Employees will accrue vacation time, prorated according to FTE and accrued monthly, in accordance with the table below. For new employees to receive an increase on the first day of the new fiscal year, July 1st, they must have been hired by December 31st of the previous fiscal year.

      1 year 10 days (6.67 hours per month)
      2 years 11 days (7.33 hours per month)
      3 years 12 days (8.00 hours per month) 
      4 years 13 days (8.67 hours per month) 
      5 years 14 days (9.33 hours per month) 
      6+ years 15 days (10.00 hours per month) 

   2. New employees shall not be entitled to use vacation time until they have completed three (3) full months of continuous service.  

   3. Vacation time hours are available to use the month after they have been accrued, except for new employees, as noted in 21.8.a above. 

   4. The maximum number of vacation time hours that can be carried over after July 31st of each year is 160 hours (maximum vacation accrual). Any hours accrued over 160 will be removed from the employee's vacation balance as of August 1st of each year. 

   5. When an employee terminates employment with the DISTRICT, an amount up to 120 hours of accumulated vacation time will be paid by the DISTRICT. When computing vacation time payout, only full months of service shall be counted at the termination of employment. 

9. 224-Day Calendar/220 Contract Days (YCEP/JDEP)
   Classified employees working in the Youth Corrections Education Program (YCEP) or Juvenile Detention Education Program (JDEP) on a two hundred twenty-four (224) day calendar will be assigned a work calendar of two hundred twenty (220) contract days and four (4) unpaid non-contract days, front-loaded for employees and prorated according to FTE. These days shall be scheduled with the employees' supervisors so that adequate coverage is provided to ensure continuation of program services.

   Employees shall use all non-contract days by June 30th. If an employee separates employment prior to June 30th and has used unearned non-contract time, the final paycheck shall be adjusted accordingly. 

10. Non-Contract Time or Vacation Time Scheduling 

    1. Non-contract time or vacation time shall be scheduled in advance to ensure adequate coverage by staff members. When possible, non-contract time or vacation time should be taken at a time other than peak season, as determined by the DISTRICT. Each employee shall obtain prior supervisor approval for proposed use of non-contract time or vacation time.

    2. Except as provided by department director approval, employees shall not work during planned closure days. Requests to work during planned closure days for the school year can be made starting July 1st. 

11. Leaves of Absence Without Pay
    A regular employee, upon application in writing and upon approval of the Superintendent, may obtain a leave of absence without pay for a period not to exceed one (1) year, except as provided in Oregon Revised Statutes. Sick leave, vacation time, holiday pay, and other employee benefits, except seniority, shall not accrue during the period of the leave. The following provisions must be adhered to when such leave is used:

    1. Prior Application – All applications must include the effective date of the leave and the date on which the leave will terminate. Applications shall be submitted to the Office of the Superintendent no later than sixty (60) days prior to the date the leave is to become effective when possible. 

    2. Reinstatement Upon Expiration – At the expiration of the leave, employees shall be reinstated to service with the DISTRICT in a position comparable to the one held at the time the leave commenced without loss of any rights or benefits which would ordinarily accrue during any leave of absence. 

    3. Exceptions – Employees will be returned to service with the DISTRICT upon the expiration of leave in a position at least commensurate with the position formerly held, except when the position formally occupied has been abolished. 

12. Holidays 

    1. Employees classified as twelve (12)-month calendar employees [two hundred forty (240) days or more per year] shall be entitled to the following holidays off with pay based on the hours they are ordinarily scheduled to work: 
       New Year’s Day; 
       Martin Luther King Jr. Day;
       Presidents Day; 
       Memorial Day; 
       Juneteenth; 
       Independence Day; 
       Labor Day; 
       Veterans Day; 
       Thanksgiving Day; 
       Christmas Day. 

    2. Employees classified as less than twelve (12)-month calendar employees shall be entitled to the following holidays off with pay based on the hours they are ordinarily scheduled to work: 
       Martin Luther King Jr. Day; 
       Memorial Day; 
       Labor Day; 
       Veterans Day; 
       Thanksgiving Day. 

    3. In the event any holiday falls on a Saturday, the previous Friday shall be the recognized holiday. In the event the holiday falls on a Sunday, the following Monday shall be the recognized holiday. 

    4. In order to be eligible for holiday pay, an employee must be on paid status (or non- contract status) on the regularly scheduled workday immediately prior to, and after, the holiday. 

1. The effective date of this Agreement shall be July 1, 2025 to June 30, 2028.  The duration of this Agreement shall be for three (3) years from its effective date provided, however, that it shall be renewed automatically on its termination date for another one (1) year in its existing form, unless one (1) party gives written notice to the other party by the end of the month of February before its expiration date of its intention to terminate, amend, or modify the Agreement.  It is intended by the parties that a renewed Agreement shall have the same effect as an original Agreement between the parties. 

2. The parties acknowledge that during the negotiations which resulted in the Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.  Therefore, the BOARD and the UNION, for the life of this Agreement, each voluntarily and without qualification waives the right and each agrees that the other shall not be obliged to bargain collectively with respect to any subject or matter (except by mutual agreement), even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. 

3. Should a party experience a delay, that party shall communicate the delay to the other party and provide a ratification date. 

THIS AGREEMENT shall be effective as of July 1, 2025, shall be binding upon the BOARD, the UNION and its bargaining unit members, and shall remain in full force and effect through June 30, 2028. 

Executed in Salem, Oregon by the undersigned officers by the authority and on behalf of the Willamette Education Service District (WESD) and Oregon School Employees Association (OSEA) Willamette Education Service District Employees Association (WESDEA) Chapter 95. 

1. Senior Clerical Specialist will be at Range 13 starting July 1, 2026.
2. Senior Clerical Specialist - Bilingual will be at Range 13 starting July 1, 2026. 

Salary Schedule - Classified

July 1, 2025 - June 30, 2026

Salary Schedule - Classified

July 1, 2026 - June 30, 2027

Salary Schedule - Classified

July 1, 2026 - June 30, 2027