MEMORANDUM OF UNDERSTANDING

BETWEEN
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
AND
THE CLASSROOM TEACHERS ASSOCIATION (CTA)
Notwithstanding Article III, Section B 1 (a) of the parties' Collective Bargaining Agreement (CBA)
and only for the duration of this Memorandum of Understanding, in keeping with the provisions of
FS 1011.62 (1) and (9), the aforementioned Parties agree that the District may extend the contractual
duty day of selected bargaining unit employees by one (I) hour during the 2012-2013 school year.
The duty day may be extended in future years upon the mutual agreement of the Parties and pursuant
to FS 1011.62 (I) and (9). Each bargaining unit employee who is scheduled and assigned to provide
an additional hour of instruction each student instructional day, will be compensated by the District
at his/her hourly rate of pay.
The hourly rate of pay of a full-time employee is calculated by dividing the employee's annual base
salary (including the employee's Advanced Degree supplement) by 196 days and then dividing that
quotient by 7.5 hours. When full-time employees take a full-day of sick or personal leave they shall
be charged 7.5 hours of such leave for that day. When full-time employees take a half-day of sick or
personal leave they will be charged 3.75 hours of such leave. Other incremental use of sick
leave/personal leave will be charged in accordance with this pattern.
Effective August 20, 2012, employees scheduled and assigned to work this additional hour during
the 2012-2013 school year who have school-aged children enrolled in one of the District's After
Care Programs are provided the opportunity not to be charged for any additional time their children
are required to remain in such After Care Program as a direct result of working this additional hour.
Employees eligible for this benefit nmst complete and retum a District form to their Principal that
will be time and date-stamped and then forwarded to the appropriate school's After Care Program so
the employee will not be charged for such additional time their child (children) remains in that After
Care Program as follows: If the completed form is returned to their Principal's Office by Friday,
August 24, the teacher will receive a credit for the last additional hour of After Care services each
day for the period August 20-24 that their child attended After Care. If the form is not returned to
the Principal's office until after August 24, no past credits will be granted and the teacher will be
granted the last additional hour of After Care services each day at no charge on a go forward basis
beginning on the day the form is received by the appropriate After Care Program. A separate form
must be completed for each child enrolled in a District After Care Program.
All efforts will be made to conduct any additional professional development and in-service activities
that are determined by the District to be necessaty as a result of FS 1011.62 (I) and (9), during
already scheduled Professional Development Days (PDDs) (elementaty early release days), during
already scheduled Elementaty In-Service Days and/or on regular duty days per the adopted 2012-
2013 School Calendar. The Parties agree to limit the number of faculty meetings to one (I) per
month (September through May) if the Principal elects to schedule such a faculty meeting; however
that faculty meeting may be conducted during the work day if an affirmative vote is taken by the
faculty per Article III, Section B 6 of the Parties' CBA. If there is an emergency relating to the
safety of students and/or employees, a brief emergency faculty meeting may be called by the
Principal.
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Elementmy employees will not suffer a reduction of their planning time as a result of this MOU, i.e.
elementmy employees are provided either one period of 45 minutes or two periods of 30 minutes
each regular student attendance day (Article III, Section B 4 a).
Any affected employee who feels he/she cannot work this additional hour may apply for a Hardship
Transfer per Article IV, Section C 5 of the Parties' Collective Bargaining Agreement. Travel time
and/or distances will not be considered as a reason to seek or to approve a Hardship
Transfer, but a serious medical reason, or a serious personal reason which includes, but is not limited
to conflicting irresolvable childcare issues or conflicting irresolvable outside work obligations; will
be given serious consideration provided these reasons can be substantiated to the satisfaction of the
review board. Affected employees may apply for a Hardship Transfer per Article IV, Section C 5 of
the Parties' CBA and such applications will be reviewed by an ad hoc review board comprised of
two (2) appointees of the CTA President and two (2) appointees of the Superintendent. Applications
for a Hardship Transfer must be submitted in writing to both the employee's Principal and the
appropriate Area Superintendent no later than the end of the fifth (5
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h) student attendance day of the
2012-2013 school year (August 24, 2012) and will be acted upon by the review board as soon as
possible thereafter. Such applications must include a written narrative fully explaining the reason(s)
the employee is seeking a Hardship Transfer. An employee seeking a Hardship Transfer from a
Glades Area school will no longer be eligible for the Glades Supplement unless they are placed in
another Glades Area School as provide below.
Until acted upon, employees are expected to make all necessary arrangements so they can work this
scheduled and assigned additional hour each student instmctional day and to continue to do so until
their Hardship Transfer application is acted upon and a transfer is finalized; or to continue to work
such additional hour if their Hardship Transfer is not approved.
A unanimous or majority vote of the four-member review board to deny a Hardship Transfer is not
subject to appeal. An evenly split 2 to 2 vote is considered a vote to deny the Hardship Transfer,
but such evenly split 2 to 2 vote is appealable through the Patties' Grievance Procedure. While any
such grievance is pending, the employee is expected to continue to make all necessary arrangements
so they can work this scheduled and assigned additional hour each student instmctional day and to
continue to do so until the grievance is resolved.
Hardship Transfers that are approved by the review board will be acted on in September. Employees
whose Hardship Transfers are approved will be administratively placed at a school in the same Area
as the school they are leaving if there are such vacancies at these schools for which the employee is
certified, but will not be placed in another school whose employees are scheduled to work an
additional hour. Being the first group of employees identified to fill vacancies in their Area will
increase their chances of being placed in a school in their Area. Such employees will be promptly
notified of their new school assignment. If there are no vacancies at schools in their Area for which
they are certified, they will be administratively placed to fill vacancies outside, but close to that
Area.
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This Memorandum of Understanding (MOU) becomes effective upon the parties' representatives
affixing their signatures below and expires on June 30,2013, but may be extended beyond June 30,
2013 with the mutual written agreement of the parties, unless otherwise required by Statute. In
addition, this MOU will be submitted for ratification by members of the bargaining unit and for
approval by the School Board along with and at the same time other items that arc tentatively agreed
to during regular negotiations that arc now ongoing. Until ratified and approved) the Parties agree
that this MOU is binding on the Parties' and any alleged violations of this MOU may be grieved via
the Parties' Grievance Procedure through Step 3- binding arbitration.
FOR nm SCHOOL DISTRICT OF
PALM BEACH COUNTY, FLORIDA
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Van V. Ludy
Director, Labor Relations
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---------------
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Superirjt<;lldcnt
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FOR THE PALM BEACH COUNTY
CLASSROOM TEACHERS ASSOCIATION
Debra Wilhelm
President
Brian Phillips
Chief Negotiator
By affixing their signatures hereto, the representatives of the J!,arties attest that this
Memorandum of Understanding (MOU) is approved day of August 2012.
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