ARTICLE 1 RECOGNITION

1-1. Representative Unit

1-1.1. Scope of Bargaining Unit

The BOARD recognizes the UNION as the sole and exclusive bargaining representative of all employees employed in the job titles or categories of positions listed in Appendix D.

1-1.2. Reclassifications and New Job Titles or Categories of Positions

If the BOARD reclassifies job titles or categories of positions or employs a new job title or category of position having a community of interest with employees in the existing bargaining unit, employees in such new job title or category of position shall be included within the existing bargaining unit. Upon the UNION’s request, the parties shall negotiate the terms and conditions of employment for such new or reclassified title or category of position. Nothing contained in this subsection shall be construed to require renegotiation of terms and conditions of employment applicable to employees in an existing bargaining unit as a result of the BOARD’s reclassification of the title or category of employees in the unit.

1-2. Recognition of UNION

No other group or organization or representative thereof shall be recognized or permitted to engage on behalf of any employees included in the UNION bargaining unit (referred to herein as “bargaining unit employees” or “bargaining unit members”) in any activities concerning wages, hours or terms and conditions of employment, including the submission of proposals, participation in hearings, conferences or meetings for any purposes and any other group or collective action dealing with above-described matters, subject to the provisions of the Illinois Educational Labor Relations Act. However, the above provisions shall not preclude the right of an individual to present grievances on his or her own behalf or to submit suggestions to the Chief Executive Officer as individuals or to prevent groups or organizations from presenting suggestions or proposals at the annual public hearing on the budget prescribed by statute.

1-3. Designation of Representatives

The Chief Executive Officer and the UNION shall have the right of free choice in designating representatives for the purpose of resolving grievances and professional problems.

1-4. Resolution of Grievances and Professional Problems

The resolution of all grievances and professional problems shall be in accordance with the procedures that are a part of this Agreement.

1-5. Exchange of Information

1-5.1. General Provision

The Office of the Chief Executive Officer shall, upon request and within seven calendar days or as soon as possible thereafter, furnish to the UNION available and pertinent reports, statistics and general information concerning CPS. The Chief Executive Officer shall have the same right to receive pertinent information from the UNION.

1-5.2. Grievances and Professional Problems

The Office of the Chief Executive Officer shall, upon request and within seven calendar days or as soon as possible thereafter, furnish to the UNION information necessary to the intelligent and professional resolution of specific grievances and professional problems of bargaining unit employees, including laid off or retired employees whose grievances arose during their employment as a bargaining unit employee. Any such information shall be made available only with the consent of the bargaining unit employee involved and shall be kept in confidence unless otherwise agreed. The Chief Executive Officer shall have the same right to receive pertinent information from the UNION.

1-5.3. Board Meeting Agendas and Actions

Prior to each regular or special Board meeting, the BOARD shall post online the public agenda for the meeting and copies of the proposed Board reports listed on the public agenda. The BOARD shall electronically transmit a copy of the public agenda and the copies of the proposed Board actions to the UNION President simultaneously with the online posting. Insofar as possible, if any Board report directly affects this Agreement, the Chief Executive Officer or his or her designee shall contact the UNION President to discuss the report as soon as the report is finalized and prior to the meeting during which the report will be considered. After each meeting, the BOARD shall post online the Board Action Index for the meeting and all Board actions during such meeting.

1-5.4. Finance and Budget Information

During the budget planning process, the BOARD agrees to meet with the UNION on a monthly basis through the parties’ Budget Committee to review revenue and expenditure assumptions and other pertinent budgetary information. After the budget is adopted, the BOARD agrees to meet with the UNION upon request to review the quarterly Interim Summary Financial Statements and the Comprehensive Annual Financial Report for each Fiscal Year.

1-5.5. CPS Weekly Newsletter and Bulletins

A copy of the CPS Weekly Newsletter and any employee bulletin relating to the Agreement shall be transmitted to the UNION President simultaneously with its transmission to employees.

1-5.6. Reports

The Office of the Chief Executive Officer agrees to supply the UNION with the following reports as long as such reports are prepared: (a) teacher payroll step and lane report and (b) monthly teacher substitute activity report.

1-5.7. UNION Delegate Handbook

The UNION shall furnish the Office of the Chief Executive Officer with five copies of the current UNION delegate’s handbook.

1-6. Dues Checkoff

The BOARD shall deduct from the pay of each bargaining unit employee from whom it receives an authorization to do so the required amount of fees for the payment of UNION dues. Such fees, accompanied by a list of persons from whom they have been deducted and the amount deducted from each, and by a list of persons who had authorized deductions and from whom no deduction was made and the reason therefore, shall be forwarded to the UNION office no later than ten work days after such deductions were made. Such lists shall be organized by school or the applicable unit. Any bargaining unit employee may terminate the dues check off during August by submitting written notice to the BOARD and the UNION.

1-7. United Credit Union Deductions

1-7.1. Deduction

The BOARD shall deduct from the pay of each full-time bargaining unit employee who is a member of the United Credit Union from whom it receives an authorization to do so the bi-weekly amount authorized by the member for savings/shares in the United Credit Union.

1-7.2. Authorization

Each eligible bargaining unit employee may have one authorization agreement and options to increase or decrease the member’s share/savings during the calendar year.

1-7.3. Remittance

Such amounts deducted from the member’s bi-weekly payroll shall be forwarded electronically via the Automatic Clearing House to the member’s account at the United Credit Union no later than ten work days after such deductions are made. A list of persons from whom funds have been deducted in a sequence mutually acceptable to the BOARD and the United Credit Union shall be made available to the United Credit Union no later than ten work days after such deductions are made.

1-7.4. Authorization Forms

The United Credit Union shall submit authorization cards for deduction upon forms approved by CPS.

1-8. Fair Share Agreement

1-8.1. Fair Share Members Defined

All non-member bargaining unit employees covered by this Agreement, commencing on the effective date of this Agreement, or sixty days after their initial employment, and continuing during the term of this Agreement, and so long as they remain non-members of the UNION, shall pay to the UNION each month their fair share of the costs of the services rendered by the UNION that are chargeable to non-members under state and federal law.

1-8.2. Certification of Fair Share Fee

The UNION shall certify to the BOARD a fair share amount not to exceed the dues uniformly required of members in conformity with federal and state law and the Illinois Educational Labor Relations Board Rules and Regulations. In the event of an increase or decrease in the amount of the fair share fee, the UNION shall advise the BOARD and all fair share fee payers in writing of the change at least forty-five days before the effective date of the increase or decrease. The BOARD shall implement the increase or decrease during the first full payroll period on or after the forty-five-day notice period or the effective date of the change, whichever date is later.

1-8.3. Fair Share Fee Deductions

Such fair share payment by non-members shall be deducted by the BOARD from the earnings of the non-member bargaining unit employees and remitted to the UNION within ten work days of said deduction, unless required to remit a fee to the Illinois Educational Labor Relations Board for escrow.

1-8.4. Identification of Fair Share Fee Payers

The BOARD shall cooperate with the UNION to ascertain the names of all non-member bargaining unit employees from whose earnings the fair share payments shall be deducted and their work locations and shall provide the UNION space to post a notice concerning fair share.

1-8.5. Fair Share Rules and Regulations

The UNION and the BOARD shall comply with the Illinois Educational Labor Relations Board Rules and Regulations concerning notice, objections and related matters contained in its fair share rules.

1-8.6. Appeals Procedure

Upon adoption of any UNION internal appeal procedure concerning fair share fees, the UNION shall supply the BOARD with a copy of such procedure. In addition, the UNION shall advise the BOARD of subsequent changes therein.

1-8.7. Indemnity Clause

The UNION shall indemnify and hold harmless the BOARD and its members, officers, agents and employees from and against any forms of liability that shall arise out of or by reason of action taken by the BOARD for the purposes of complying with the above provisions of this Article, or in reliance on any list, notice, certification, affidavit or assignment furnished by the UNION under any such provisions. The UNION shall be responsible for the attorney’s fees of any attorney for the BOARD. Such attorney shall be selected by the UNION subject to approval by the BOARD, which approval shall not be unreasonably withheld.

1-8.8. Severability

If, during the term of this Agreement, the Illinois Educational Labor Relations Board or a court of competent jurisdiction rules any part of this Article void or not enforceable, the UNION and the BOARD agree to convene negotiations on this matter immediately for the sole purpose of bringing this Article into compliance with the standards or rulings of the Illinois Educational Labor Relations Board or the court.

1-8.9. Religious Exemption

Nothing in this Article shall inhibit or interfere with the right of non-association of employees based upon bona fide religious tenets or teachings of a church or religious body of which such employees are members. Such employees shall pay an amount equal to their proportionate share determined under a proportionate share agreement to a non-religious charitable organization mutually agreed upon by the employees affected and the exclusive representative to which such employees would otherwise pay such fee. If the affected employees and the exclusive representative are unable to reach an agreement on the matter, an organization shall be chosen from an approved list of charitable organizations established by the Illinois Educational Labor Relations Board.

1-9. Annuity or Mutual Fund Deductions

The BOARD agrees to electronically wire transfer monies deducted from the salaries of each bargaining unit employee to the respective tax sheltered annuity carrier or mutual fund after such deductions are made.

1-10. Chicago Teachers Union Political Action Committee Deductions

The BOARD agrees to deduct from the pay of each bargaining unit employee from whom it receives an authorization to do so the monthly amount authorized by the member to be paid to the Chicago Teachers Union Political Action Committee. The BOARD shall charge the UNION a service fee of $1.00 per member enrolled per year.

1-11. Regular Leadership Meetings

The Chief Executive Officer shall meet monthly at a mutually agreeable time with the UNION President and/or the UNION President’s designee to discuss matters of educational policy and development as well as matters relating to the implementation of this Agreement.

1-12. Professional Problems Committees

1-12.1. School-Based Professional Problems Committees

Each school shall establish a Professional Problems Committee to discuss school operations, contract administration issues and any new BOARD instructional program or joint BOARD-UNION initiative prior to or at the time of its implementation at the local school level. The committee shall be composed of the principal and no fewer than three and not more than five members identified by the UNION delegate. The UNION delegate shall be the chairperson of the Professional Problems Committee. The UNION delegate shall notify the principal of the UNION representatives as soon as they are elected and report any changes in representatives as soon as possible. The committee shall meet at least monthly without loss of compensation, and the parties shall jointly establish the agenda at least forty-eight hours prior to each meeting. The principal and the chairperson of the Professional Problems Committee shall exchange available and pertinent information concerning the operation of the school when such information is necessary for the understanding and resolution of professional problems under discussion by the principal and the Professional Problems Committee. The principal or the UNION delegate may invite consultants or resource persons to attend the meeting to discuss specific agenda items with advance notice to the committee members. The committee shall decide whether and how to report the proceedings of the meeting to school staff.

1-12.2. City-Wide Professional Problems Committee

A City-Wide Professional Problems Committee shall be established with members representing clinicians, PSRPs assigned to the Office of Diverse Learner Supports and Services and other city-wide employees. The committee shall be composed of the Chief Officer of the Office of Diverse Learner Supports and Services or his or her designee and between eight and twelve city-wide employees designated by the UNION. The committee shall meet at least four times a year without loss of compensation and shall also meet with clinician managers if possible.

1-12.3. Substitute Teacher Professional Problems Committee

A Substitute Teacher Professional Problems Committee shall be established with members representing temporarily assigned teachers, Cadre substitutes and day-to-day substitutes. The committee shall be composed of the Chief Talent Officer or his or her designee and between eight and twelve substitute teachers designated by the UNION. The committee shall meet at least four times a year, and employees shall be paid their daily rate for attending such meetings.

1-13. Staff Lists

UNION delegates shall be provided the necessary information so that they may compile an up-to-date staff list. Said staff list shall be restricted to bargaining unit employees assigned to that school or unit.

1-14. Periods for UNION and Local School Council Business

1-14.1. UNION Delegates

All UNION delegates shall be provided with one additional forty-minute or the length of a class period, whichever is longer, duty-free period per month during which time they shall conduct UNION business, including, but not limited to, the investigation of professional problems and grievances, development of Professional Problems Committee agendas, distribution of bona fide Union materials and maintenance of the UNION bulletin board. UNION delegates shall be permitted to combine their monthly duty-free periods to be released to attend UNION-conducted training and professional development. In addition, city-wide delegates shall be provided with two forty-minute periods each school year, one per each city-wide in-service day, during which time they shall be allowed to conduct Union business.

1-14.2. Teacher Representatives on Local School Councils

Teacher representatives on the Local School Council shall be provided with one additional forty-minute or the length of a class period, whichever is longer, duty-free period per month during which time they shall conduct Local School Council business.

1-15. Access to BOARD Premises

Upon notification to the school principal, or in the principal’s absence to the acting administrator, the principal or acting administrator shall permit the UNION President or the UNION President’s designated representative to visit the schools for any purpose relating to the terms and conditions of this Agreement, provided that such visitation does not interfere with normal teaching duties of either the teachers interviewed or the UNION delegate. If conferences with bargaining unit employees are necessary, they shall be scheduled so as not to interfere with the instructional program. The UNION representative shall report to the school office immediately upon arrival and sign the official register.

1-16. Mutually Scheduled Meetings

Whenever bargaining unit employees are mutually scheduled by the BOARD and the UNION to participate during working hours in conferences, meetings or negotiations with respect to the Agreement, they shall suffer no loss in pay.

1-17. Leaves of Absence for Union Business

1-17.1. Number and Length of Leaves

The BOARD shall grant forty-five appointed teachers or PSRPs elected or appointed to full-time positions with the UNION, the Illinois Federation of Teachers, the American Federation of Teachers or the Chicago Federation of Labor–Industrial Union Council leaves of absence without pay in increments of twelve calendar months for the purpose of accepting these positions upon appropriate application by the UNION. The BOARD shall extend those leaves in increments of twelve calendar months.

1-17.2. Health Care and Dental Benefits During Leaves

Bargaining unit employees who are on leaves for Union business may continue their health care and dental benefit coverage, provided that they pay the full cost of such coverage.

1-17.3. Pension Contributions During Leaves

Bargaining unit employees who are on leaves for Union business shall be permitted to pay the contributions required or permitted by law to be made by the employee and the BOARD to the Public School Teachers’ Pension and Retirement Fund of Chicago or the Municipal Employees’ Annuity and Benefit Fund of Chicago to ensure that full credit for retirement purposes is granted for the time spent on such leaves of absence.

1-17.4. Seniority Accrual on Leave

Bargaining unit employees who are on leaves for Union business shall continue to accrue seniority with the BOARD, and the leave of absence will not be considered a break in service.

1-17.5. Return from Leave

 

1-17.5(a). Appointed Teachers, Clinicians or PSRPs Elected as UNION Officers
An appointed teacher, clinician or PSRP who is elected as President, Vice President, Recording Secretary or Financial Secretary of the UNION and who decides to return to BOARD employment following the conclusion of his or her first term in office shall be returned to his or her original position in his or her original school or unit.
1-17.5(b). Other Teachers, Clinicians or PSRPs
If a teacher, clinician or PSRP on UNION leave not covered by subsection 1-17.5(a) decides to return to BOARD employment at the conclusion of his or her UNION leave, the teacher, clinician or PSRP shall be assigned to an equivalent position in the area of his or her certification. The teacher, clinician or PSRP shall not have the right to return to his or her original school or unit.
1-17.6. Classroom Teaching During UNION Leaves

Teachers who are on a UNION leave may teach classes for which they are properly certified, subject to the voluntary agreement to such arrangement between the teacher and the principal or head administrator of the school or unit.

1-18. Posting or Distribution of Union Materials

1-18.1. Bulletin Boards

The UNION shall be provided adequate bulletin board space in a place readily accessible to and normally frequented by all bargaining unit employees in each school or unit for the posting of official notices and other official materials relating to Union activities. The bulletin board space allocated shall be identified with the name of the UNION, the name of the UNION delegates and the names of the members of the Professional Problems Committee. UNION delegates and authorized UNION representatives shall be responsible for the content and maintenance of the bulletin board.

1-18.2. Mailboxes

UNION delegates, officers and authorized UNION representatives shall have the right to place materials in the mailboxes of bargaining unit employees. Materials placed in mailboxes shall be restricted to official communications from the UNION or communications signed by the UNION delegate. A copy of all materials placed in the mailboxes of bargaining unit employees by the UNION shall simultaneously be placed in the principal’s or head administrator’s mailbox.

1-19. Union Meetings

On twenty-four hours’ advance notice to the principal or head administrator of a school or unit, the UNION shall have the right to schedule meetings in the building before or after regular duty hours and during lunch time of bargaining unit employees involved in matters concerning their employment, the provisions of this Agreement and for the conduct of Union business, provided said meetings do not interfere with an in-service or general faculty meeting previously scheduled and posted prior to the twenty-four hour notification given to the principal or head administrator by the UNION. Where such meetings are held outside of the operating hours of that school or unit, the UNION shall pay the additional costs. The UNION President or his or her designee has the right to attend Union meetings at a school or unit, provided he or she complies with the protocols for visits to CPS premises.

1-20. Conflicts with Statutes, Rules or Regulations

The terms of this Agreement shall not apply where inconsistent with constitutional, statutory or other legal provisions. If any provision of this Agreement is found to be contrary to law by the Supreme Court of the United States, or by any court of competent jurisdiction from whose judgment or decree no appeal has been taken within the time provided for doing so, such provision shall be modified forthwith by the parties hereto to the extent necessary to conform thereto. In such cases, all other provisions of this Agreement shall remain in effect. Nothing contained in this Agreement shall be construed to deny to any bargaining unit employee or to the BOARD the right to resort to legal proceedings. No decision on or adjustment of a grievance shall be contrary to any provision of this Agreement.

1-21. UNION Delegates

A UNION delegate is defined as a BOARD employee who is an agent of the UNION in a school or unit, which may include a specific work location or functional division or group. In the event a school, unit or functional division or group does not elect a UNION delegate, the UNION President shall designate a UNION delegate pro tem at the school, unit or job location. The UNION delegate pro tem shall perform all duties of the delegate until an election is held and UNION delegate appointed.

1-22. Reproduction of Agreement

This Agreement shall be reproduced by the UNION with the cost to be shared between the BOARD and the UNION. The BOARD shall distribute the Agreement to each person who is or becomes a bargaining unit employee during its effective term. The initial delivery to the units shall be completed as soon as possible, but no later than twenty school days after the printed Agreements have been delivered to the BOARD. The UNION shall submit to the Office of Employee Engagement a list by unit number of all parcels delivered to the warehouse facility of the BOARD. Three thousand seven hundred fifty copies of said Agreement shall be delivered to the Office of Employee Engagement.