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Article 2 – Rights, Privileges, and Responsibilities

Article 2 – Rights, Privileges, and Responsibilities

2.01 – Employees: Employees shall have the right to join or not join the Association. Employees shall have the right to engage in lawful concerted activities for the purpose of collective bargaining as it relates to conditions of employment or compensation or other mutual aid or protection. The employees shall have the right to refrain from engaging in such activities. They shall have the right to express and communicate views in accordance with state and federal law and have the right to a fair and equitable grievance procedure administered without regard to membership or non-membership or by virtue of their holding or not holding office in the Association. This article shall be applied to all employees by the employer and Association. Employees shall have all the rights secured to them by PERC, Chapter 447, Part 2, Florida Statute, and as otherwise provided by law.

  1. Non-Discrimination: The Articles of this Agreement shall apply to all employees without regard to race, color, religion, sex, sexual orientation, national or ethnic origin, marital status, pregnancy, political affiliation, Association membership, age, creed, gender identity or expression, disability if otherwise qualified, or any other unlawful factor.
  2. Duty to Self-Report: Each employee shall self-report to the District’s Department of Professional Standards and Equity, within two business days, any arrests and/or charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt. In addition, each employee shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere (No Contest) for any criminal offense other than a minor traffic violation within two business days after the final judgment. Unit employees, who regularly or incidentally operate Board vehicles shall, as soon as they become aware, notify their supervisor of any moving violation, suspension or revocation of their driver’s license. Failure to comply with any article may be cause for appropriate disciplinary action, up to and including termination. Such disciplinary action shall be subject to the grievance procedure.

2.02 – Management: The Board hereby retains and reserves to itself, the Superintendent and all administrative personnel the right to unilaterally determine its purposes, set standards of services, and exercise control and discretion over its organization and operations. Management shall have all of the rights secured to them by PERC Chapter 447, Part 2, Florida Statutes, and as otherwise provided by law.

2.03 – Association

  1. Facilities: The Association shall have the privilege of using school facilities and equipment as provided in Board policy.
  2. Association Representatives: The District shall recognize and deal with the Association representatives designated in writing by the Association President. Any changes shall be submitted to the District in writing. Upon arrival at any school or work site, such representative shall report to the principal of the school or the supervisor of the work site and shall indicate the purpose of the visit. In no event shall the Association representative interfere with or disrupt the work of an employee.
  3. School Board: The Association President or their designee shall have the right to attend School Board meetings. The Association President or their designee will make arrangements with the Superintendent to attend any Board meeting held during working hours. The Association will reimburse the District for the wages of the Association employee who attends a Board meeting during working hours.
  4. Posting: The Association shall have the privilege of posting notices concerning Association business on bulletin board space not less than 24" x 36" exclusively assigned to the Association by the principal or supervisor. The Association shall be given a list of the location of each bulletin board space and be informed of any intended changes. The Association shall provide a copy of each notice to the principal or supervisor prior to each posting.
  5. Mailboxes: The Association shall have the right to distribute Association materials in employee mailboxes at school sites where such mailboxes are provided. When the Board and the Association must communicate items of mutual concern to the employees of the District; the courier service may be utilized to disseminate such communications. The Association agrees to indemnify the Board for any claim that might arise on the issue of private express, including all costs, penalties, and attorney’s fees.
  6. Dues Collection: Pursuant to the statute, payroll deductions are no longer permitted.In the event the statute is changed or amended, the parties agree to renegotiate the ability to deduct dues.
  7. Association Leave:
    1. Members: Upon written request of the Association President, their designee may be allowed up to a total of 320 hours of leave per year without pay to conduct Association business. A leave request shall be submitted to the Superintendent and the employee’s supervisor. The cumulative total granted to the Association shall not exceed 320 hours of leave per year. The leave must be scheduled in a manner that will not adversely affect the operation of the School District. No individual may use more than 80 hours of Association leave per year. In the event the Association requires additional leave hours, a request will be submitted to the SPALC Labor / Management Committee for review and possible agreement.
    2. President: The President of the Association may be granted personal leave for the school year(s) of their term of office. Such leave shall be granted with the same privileges and benefits approved with personal leave for other employees.
    3. Bargaining Team: An employee who is a member of the bargaining team shall be released from work on paid leave if the bargaining calendar conflicts with the employee’s work schedule. In such event, the Association shall pay a qualified substitute except for impasse, mediation, or upon mutual agreement of the parties. Otherwise, the employee’s supervisor may adjust the employee’s work schedule with the consent of the employee.
  8. Public Records: Upon receipt of a written request identifying each specific public record desired by the Association, the Board shall make available such public records as defined by Florida Statutes 119, for inspection. Examination and the cost of duplication of public records shall be in accordance with Florida Statute 119.
    1. Business Necessity: In accordance with Florida Statute 119, sharing of confidential information may only occur under certain circumstances that are related to a business necessity. The District recognizes that such a business necessity exists as it relates to the Association’s fulfillment of its duties under Florida Statute 447.
    2. Bargaining Unit Information: A list of all bargaining unit members will be provided to the Association at the start of each fiscal year and on a regular basis thereafter. The Association agrees that personally identifiable information will remain confidential and will not be distributed to third parties. The Association agrees that information that is exempt from public inspection will not be disclosed without first obtaining the express written authorization of the District and the employee involved.
  9. Consultation: The Association may request meetings with management for the purpose of discussing issues of mutual concern. The request must be in writing and include items to be discussed. Management shall respond to such requests within five (5) days. Any written agreements resulting from such meeting shall be ratified by the appropriate governing body of the Association and the School Board or its designee.
  10. Agreement: For the duration of the Agreement the Board agrees to provide one copy of this Agreement to the Association for every 20 employees governed by the Agreement within 30 days after a print ready draft is approved by the parties. The Board further agrees to provide access to the Agreement from the home page of the District’s Website and to provide computer access to employees in the unit for the purpose of reviewing the Agreement.
  11. Strikes: The Association agrees not to engage in a strike, work stoppage or other similar forms of interference with the operations of the Board. Any employee, who participates in or promotes a strike, work stoppage or other similar form of interference with the operation of the Board, shall be subject to disciplinary action, up to and including discharge. In the event of a strike, work stoppage or interference with the operation of the School Board administration, the President of the Association shall promptly and publicly disavow such strike or work stoppage and strongly recommend that the employees return to work and attempt to bring about a prompt resumption of normal operations. The Association President shall notify the Superintendent within twenty-four (24) hours after the commencement of such strike, about the measures it has taken to comply with this article. Failure to abide by the terms of this article will automatically terminate this Agreement.
  12. Acceptable Use of the Board’s electronic mail system by the Association: The Association may have the use of the District’s electronic mail system for the purpose of informing members of the bargaining unit of scheduled meetings and official business of the Association implementing the collective bargaining agreement. Should any employee, whether a member or non-member request that the Association cease sending them electronic mail communications, the Association shall immediately remove that employee’s name from the distribution list and shall not send the employee any further electronic communications.

    All communications shall be during the sender’s non-work time. The electronic mail system shall not be used for the distribution of information that is political, slanderous, defamatory, libelous, or in any way critical of the School Board, the District, the Superintendent or any administrator or other employee of the District. It shall not be used for campaign materials related to the internal election of the Association officers. Should the Association or its representative, acting on behalf of the Association, violate the terms of the agreement, the Superintendent shall have authority to suspend the right to use the electronic system up to 45 calendar days. The Association shall comply with all applicable federal, state and local laws and Board Policies regarding the use of such systems. Official business is defined as items approved by the Association’s Executive Board.