Memorandum of Understanding - Education/Teacher-Professionalism/Peer-Involvement Joint School District PFT Teacher Project

Hide Document

IN vaJJf,~S WHEREOF, the parties hereto have set their hands this ~day

.~r 1'4 t, "ew.

BOARD OF PUBLIC EDUCATION,
School District of Pittsburgh
PITTSBURGH FEDERATION OF TEACHERS
Local 400, American Federation of
~~.1.1. ,4=0 Te~~~
Jake~lli~'; )Presi~
ard
~ Ji8.~'. '11' •• ,)
~:i~e~~~~ Chief Negotiator q
~<~

CiidftrU ~~/€)

Jea
ink

oa:::m:er

~Z;:i~ti:~e-4:

J

iiam H. Larkin

Board Member
Member. Negotiations Subcommittee


Bruce D. Campbell
Special Labor Counsel


MEMORANDUM OF UNDERSTANDING _
EDUCATIONITEACHER,:,PROFESSIONALISMI
PEER-INVOLVEMENT JOINT SCHOOL DISTRICTPFT-
TEACHER PROJECT


The Pittsburgh Federation of Teachers, on September 3,
1985, and the Pittsburgh School Board, on September 24,
1985, officially ratified a Memorandum of Understanding
which extended, with additions and changes, the provisions
of the three existing PFT-School Board Collective Bargaining
Agreements by two (2) years, i.e., from September 1,
1986, through September 4, 1988. The term of the resultant
three extended Agreements runs from September 3, 1985,

through September 4, 1988.
The various provisions of the Memorandum of Understanding
have been incorporated appropriately into the three
extended 1985-1988 Agreements. That Memorandum of
Understanding is not reprinted here. Any dispute between
the parties concerning a violation, interpretation, application,
or meaning of any provision of the Memorandum of
Understanding shall be settled by submitting the dispute to
binding arbitration, utilizing the "Grievance and Arbitration
Procedures" Articles of the three Collective BargainAgreements.


As a separate and vital component of the above-described
'u_-~---""m of Understanding, the parties agree that cer"
teacher professionalism/peer involvement"
objectives constitute desirable concepts to be
and, where agreement can be reached, to be
iffiplemented and developed within the Pittsburgh Public

Greater teacher professionalism and a strong,
accepted professional role for practicing classroom
teachers

(2)
A fundamental teacher role in staff development
and in worthwhile in-service programs
(3)
Career-type, expanded professional responsibilities
for continuing classroom teachers
(4)
Increased professional interaction among practicing
classroom teachers
(5) Teacher involvement in and responsibility for the
induction of new teachers into the teaching
profession
189


(6)
Encouragement, incentives, and recognition for
teachers to continue throughout their professional
careers to function in a teaching capacity
with students, rather than to leave the classroom
in order to achieve professional advancement,
satisfaction, and recognition
In acting upon this mutual agreement on basic "teacher
professionalism/peer involvement" principles, there will be"
a major "Teachers, Administration, Superintendent, PFT,
School Board" committee approach to discussion of the following
"education/peer involvement/teacher professional~
ism" matters. The initial discussion phase will take place in "
the 1985-86 school year, with mutually-agreed-upon changes
to commence in the 1986-87 school year. Further discussions
will occur during the 1986-87 school year if necessary. "

(1)
Professional, staff-development/instructional-c
improvement/curriculum, and evaluation roles
for teachers and other professional employees,
including consideration in a non-bargailling
text of the budget impact of same on admllliS.,.
trator staffing requirements
(2)
Released time for department and ins1
chairpersons and for similar-type teacher
sonnel at middle school and elementary
levels (for example, team leaders)
(3)
Teacher role in the induction of new
(4)
Increased role of security-type personnel
assume greater responsibility in
discipline-pilot projects at Brashear
School, Arsenal Middle School, and
schools
(5)
Additional teacher time, especially for
high teachers, for planning time,
staff-development, and
opportunities
(6)
Teacher role in organization and direction;
in-service and staff-development efforts"
programs
(7)
Teacher in-service programs to include
stimulating guest speakers and presen1
(8)
Professional roles and responsibilities of
selors, social workers, nurses, psychologists;,
other professional-supportive personnel' "
190

(9)
Incentive pay for teachers with low or no sick
leave use or other absences
Special Note-If no other agreement is reached
as a result of discussions on this item, the Severance
Plan improvements and changes provided
for on page 5 of the full Memorandum of
Understanding shall be implemented in full.

(10)
Computerization of grading, report cards,
records, attendance, and scheduling
(11)
Expanded attention to student recruitment and
pupil enrollment, and cooperation on attracting
and retaining families with children as city
residents
(12)
Increased attention to the interscholastic athletics
program, for both boys and girls, in terms
of the times and location of games and events
and the visibility/access to parents, students,
and the public, and the effect of same on attracting
and retaining students in the schools and
families in the city
(13)
Teacher employment procedures (i.e., consideration
of improved or full salary-scheduleplacement
credit for prior teaching expedence)
and salary-schedule-placement procedures for
teacher hiring in shortage areas, such as, chemistry,
mathematics, physics, computer science,
and foreign languages
(14)
Day-to-day substitute teacher pool, including
consideration of higher pay for all day-to-day
substitutes, with particular emphasis on the consideration
of higher pay for those day-to-day
substitutes who are designated for, agree to, and
are assured of day-to-day substitute employment
on all student days in the schocH year
Discussion of these preceding "education/teacher professionalism/
peer involvement" items will be handled in a nonbargaining
context. Mutually agreed upon changes which
involve pro"isions of the existing Collective "Bargaining
:Agreement for Teachers and Other Professionals (and/or
of either of the other two existing Agreements), or which
otherwise involve matters which are proper subjects for bar


under Act 195 of 1970, will be amended into the successor
Agreement to the 1985-1988 Collective Bargaining

191


Agreement for Teachers and Other Professionals (and/or
into the other two successor Agreements).

MEMORANDUM OF UNDERSTANDING SCHENLEY
TEACHER CENTER


The Board of Public Education for the School District of
Pittsburgh, hereinafter referred to as the "Board," desires
to develop· a special teacher center at Schenley High School
as part of a program to improve the quality of education
in the Pittsburgh School District. The Pittsburgh Federation
of Teachers, the certified and recognized collective bargaining
representative for the professional employees teaching
in the Pittsburgh School District, hereinafter referred to as
the "Federation," desires to cooperate in the Board's effort
to improve the quality of education through the development
of a special teacher center at Schenley High School.
The program which the parties are desirous of implementing
through their cooperation will hopefully commence with
the 1983-84 school year.

In order to demonstrate their mutual commitment and
cooperation, the parties have agreed to the following with
regard to the development and implementation of the special
teacher center program.

For the purposes of this Memorandum of Understanding the
Collective Bargaining Agreement between the parties effective
September 1,1980, is referred to as the "Agreement."

Schenley Teacher Center High School

1.
The new Schenley Teacher Center High School will
considered a "school whose status has been complet
changed," for the purposes of applying the provisions
of Article 29 of the Agreement.
a.
The selection of "center teachers" shall be made
sistent with the posting and transfer application
visions of the Agreement.
b. Teachers who
are accepted for transfer into
Schenley Teacher Center High School as '
teachers" will be offered the opportunity to
their "building seniority rights" and "rights
return" at their former schools for a maximum
four (4) years, pursuant to and as an extension
the provisions of Article 29, Section 13.
192

c.
It is understood by the parties that efforts will be
made to retain some of the current Schenley High
School teaching staff at the new Schenley Teacher
Center High School. These efforts will be extended
to include current Schenley teachers holding coaching
and other extracurricular assignments.
d. Former Schenley High School teachers who
are
accepted into the Schenley Teacher Center High
School as "center teachers" will be covered by Subsection
b. above insofar as "building seniority rights"
are concerned, in the event that they should subsequently
elect to leave the Schenley Teacher Center
within the four (4) year maximum period.
2. Replacement teachers, i.e., the teachers who teach temporarily
at the various high schools in the place of those
teachers who are taking part in the Schenley Teacher
Center program for a given quarterly report period, shall
be selected by the School Board from among teacher
applicants, displaced teachers, spare teachers, teachers
facing layoff, and teachers who are not yet regular Board
employees in accordance with the following:
a.
Such teachers shall be called "floating replacement
teachers. "
b. Floating replacement teacher positions shall be regular
teaching positions for the duration of the Schenley
Teacher Center program.
c.
Floating replacement teacher positions shall be filled
consistent with the posting provisions of Article 37
of the Agreement. The posting and transfer application
provisions of Article 37 and Article 38 shall apply
to· floating replacement teachers who make application
for permanent school assignments or who have
the opportunity to move into permanent school
assignments.

d. The system seniority of any teacher hired as a float-.
ing replacement teacher shall commence with the date
of his/her hire or continue during the time he/she
may be serving in the capacity of a floating replacement
teacher, consistent with the system seniority
provisions of Article 30 of the Agreement. .
e.
Ifin filling a floating replacement teacher position
the School District bypasses a teacher who otherwise
would face layoff to hire a new teacher, the bypassed
193


teacher shall be maintained in his/her teaching
employment with the School District as a replacement
teacher.

(1)
"Bypassed teacher" applies only to a teacher
with system seniority and a certification which
would otherwise entitle him/her to fill a floating
replacement teacher position.
(2)
Such replacement teachers, if any, shall be
guaranteed a replacement teacher position for
so long as they are bypassed even if this requires
the number of replacement teachers employed
at any particular time to exceed forty (40). In
applying this provision, the reasonable quota
proviso referred to in Article 30, Section 6., of
the Agreement shall continue to be observed.
(3)
If any future layoff situations occur, these
bypassed teachers, if any, shall continue to
retain their employment and seniority rights and
may only be laid off if all less-senior teachers,
including less-senior floating replacement
teachers, have been laid off in compliance with'
the applicable provisions of Article 30.
f.
Teachers who volunteer to leave their previous
lar school assignments and to serve as flOC1Lllll',
replacement teachers, and who are selected
Board to do so, shall be entitled to maintain
"building seniority rights" at their previous
and to exercise their "rights of return" for a
mum of four (4) years, pursuant to and as an
sion of the provisions of Article 29, Section 13.
g.
Teachers who are displaced from their regular
and who, as a consequence, are selected by the
to serve in a floating replacement teacher
shall have the same "building seniority rights"
"rights of return" as are provided to all other
placed teachers under the applicable nmvi~i()l1
Article 29 of the Agreement.
When a teacher who is displaced from a
school assignment, either by being exce1
school or because of a school closing or a
tus change, serves in a floating replacement
position, that teacher's total building seniority
at the time of assuming a new permanent
assignment shall include his/her building

194

the time of displacement plus the period of time
. served in the floating replacement teacher position.

h. Procedures for handling building seniority credit, if
any, for floating replacement teachers when they
move into a permanent school assignment, which
shall occur either at the beginning of a school year
or at the start of a semester, will be worked out by
the parties in any situation not already covered by
the provisions of Article 29 or of this Memorandum
of Understanding.

i.
All provisions of this Section 2. of this Memorandum
of Understanding applying either to floating
replacement teachers or to other teachers are subject
to the affected teachers possessing appropriate
certification(s) .

3.
The term "teacher" as used in this Memorandum of
Understanding shall be the san;J.e as the definition of
"teacher" set forth in Article 6, Section 5., of the
Agreement.

4.
The parties will mutually cooperate in the efforts to
recruit teachers to apply for the "center teacher" positions.
In the unlikely event that there are insufficient
qualified applicants to fill the "center teacher" positions,
the parties agree to meet again to negotiate possible
amendments or additions to this Memorandum of
Understanding that would address such a development.
5.
The provisions of this Memorandum of Understanding
and its utilization shall not be regarded by either of the
parties to have any application or to set any precedent
beyond the Schenley Teacher Center High School and
related matters which the Memorandum addresses.
6.
Any dispute between the parties concerning a violation,
interpretation, application or meaning of any provision
of this Memorandum of Understanding shall be settled
by submitting it to binding arbitration, using the grievance
and arbitration procedures contained in the Collective
Bargaining Agreement in effect between the
parties at the time the dispute arises.
7.
This Memorandum of Understanding may continue for
the duration of the operation of the Schenley Teacher
Center High School program, but it shall be in effect
for a minimum of three (3) years commencing with the
opening of the Center in September 1983 and shall also
cover the period of the preparatory activities leading to
that opening. 195


MEMORANDUM OF UNDERSTANDING BROOKLINE
.ELEMENT ARY TEACHER CENTER

The Board of Public Education for the School District of
Pittsburgh, hereinafter referred to as the "Board," desires
to develop a special Pittsburgh Elementary Teacher Center
at the Brookline Elementary School as part of the continuing
program and efforts to improve the quality of education
in the Pittsburgh School District. The Pittsburgh
Federation of Teachers, the certified and recognized collective
bargaining representative for the professional employees
teaching in the Pittsburgh School District, hereinafter
referred to as the "Federation," desires to cooperate in the
Board's program and efforts to improve the quality of .
cation through the development of a special teacher
at Brookline Elementary School. The particular pro",r::.m
which the parties are desirous of implementing through
cooperation, and to which this Memorandum refers,
commence with the 1985-86 school year.

In order to demonstrate their mutual commitment
cooperation, the parties have agreed to the following
regard to the development and implementation of the
cial elementary teacher center program.


For the purposes of this Memorandum of Understanding
the Collective Bargaining Agreement between the
effective September 5, 1983, is referred to
"Agreement. "

Brookline Elementary Teacher Center

1.
The new Brookline Elementary Teacher Center
considered a "school whose status has been COllI}}I"",
changed," for the purposes of applying the
of Article 29 of the Agreement. Provisions
Memorandum of Understanding apply to all
assigned to the Brookline Elementary Teacher
whether resident or alternate teachers.
a.
The selection of "teacher center teachers"
made consistent with the posting and transfera~
cation provisions of the Agreement.
b. Teachers who
are accepted for transfer
Brookline Elementary Teacher Center as
center teachers, " either initially qr in the
be offered the opportunity to retain their
seniority rights" and "rights of return"
196

former schools for a maximum offour (4) years, pursuant
to and as an extension of the provisions of Article
29, Section 13., of the Agreement.

c.
It is understood by the parties that efforts will be
made to retain some of the current Brookline Elementary
School teaching staff at the new Brookline
Elementary Teacher Center.

d. Former Brookline Elementary School teachers who
are accepted into the new Brookline Elementary
Teacher Center as "teacher center teachers" will be
covered by Subsection b. above insofar as "building
seniority rights" are concerned, in the event that
they should subsequently elect to leave the Brookline
Elementary Teacher Center within the four (4)
year maximum period ..

2.
a. All applicable provisions of Section 2. of the Schenley
Teacher Center Memorandum of Understanding,
which deal with floating replacement teachers, shall
apply to "alternate teachers" under the "Brookline
Elementary Teacher Center" program. This shall
include the four (4) year right of return provision
which shall apply to anielementary teachers who
may apply for and be accepted as "alternate /
teachers. "

b. A separate agreement between the parties covers the
use annually of up to twenty-nine (29) of the replacement
teacher positions provided for under Article 18
of the Professional Agreement to fill the "alternate
teacher" positions required to conduct the "Brookline
Elementary Teacher Center" program and to
help meet "teacher center teacher" staffing requirements
at the Brookline Elementary Teacher Center
itself.

The term "teacher" as used in this Memorandum of
Understanding shall be the same as the definition of
"teacher" set forth in Article 6, Section 5., of the

Agreement.

The parties will mutually cooperate in the efforts to
recruit teachers to apply for the "teacher center teacher"
positions.

.5.
The provisions of this Memorandum of Understanding
and its utilization shall not be regarded by either of the
parties to have aIJy application or to set any precedent

197


beyond the Brookline Elementary Teacher Center and

related matters which the Memorandum addresses.

6. Any dispute between the parties concerning a violation,
interpretation, application or meaning of any provision
of this Memorandum of Understanding shall be settled
by submitting it to binding arbitration, using the grievance
and arbitration procedures contained in the Collective
Bargaining Agreement in effect between the
parties at the time the dispute arises.
7. This Memorandum of Understanding may continue for
the duration of the operation of the Brookline Elementary
Teacher Center program but shall be in effect at .
least through the duration of the 1983-1986 PFT-Board
Agreement.
MEMORANDUM OF UNDERSTANDING PUBLIC
EMPLOYE RELATIONS ACT OF 1970
(ACT 195)


This will confirm the agreement reached between the Pittsburgh
Federation of Teachers, Local 400, American Federation
of Teachers, AFL-CIO, hereinafter called the
"Union," and the Pittsburgh Board of Public Education,
hereinafter called the "Board." The parties have again
reached the following understanding and agreement with
regard to certain procedures which are applicable under Act
195 of 1970, which is known as the Public Employe Relations
Act.

The parties recognize that the Union may wish to assert a
right to strike under Section 1003 of the Public Employe
Relations Act at the expiration of Collective Bargaining
Agreements which may be negotiated between the parties ...
Therefore, the parties continue to agree to the following
regard to the future schedule for collective bargaining under
Act 195.

Negotiations for any new contract should begin no later

the beginning of April in any year in which a Collective

gaining Agreement expires on or about September 1st.

party's refusal to commence collective bargaining

beginning of April of any year in which a Collective

gaining Agreement expires on or about September 1st

be considered a refusal to bargain in good faith under

applicable provisions of Act 195 of 1970.

198

It is further mutually agreed between the parties that the
procedures hereby agreed upon, including the commencement
and conduct of negotiations in the beginning of April
of any year in which a Collective Bargaining Agreement
between the parties expires on or about September 1st, shall
constitute full compliance with any and all applicable procedural
provisions of Article VIII of Act 195 of 1970, insofar
as the right of the Union to negotiate both economic and
noneconomic improvements for the time period commencing
on or about September 1st of any year in which a Collective
Bargaining Agreement between the parties eXpires on
or about September 1st and any right of the Union and its
members to strike at any time following the eXpiration date
of any future Collective Bargaining Agreement which expires
on or about September 1st, and that neither party will assert
or allege otherwise in any manner whatsoever before any

agency or in any court proceeding.

This agreement is reached in consideration of the acceptable
collective bargaining settlement in contract negotiations
for a new Agreement to be effective September 3, 1985. This
agreement is subject to change only by the mutual agreement
of the parties hereto or by a change in the applicable
provisions of Act 195 of 1970 entitled the Public Employe

Relations Act.

All disputes between the parties concerning a violation,
interpretation, application or meaning of any provision of
this Memorandum of Understanding shall be settled by submitting
it to binding arbitration, using the grievance and
arbitration procedures contained in the Collective Bargaining
Agreement in effect between the parties at the time the


dispute arises.

MEMORANDUM OF UNDERSTANDING _
DEFINITION OF SCHOOL TERM

The Pittsburgh Federation of Teachers, Local 400, AFT,
AFL-CIO, hereinafter called the "Union," and the Pittsburgh
Board of Public Education, hereinafter called the
"Board," are once again involved in collective bargaining
for a new Agreement for teachers, said Agreement to be

effective September 3, 1985.

In order to expedite the collective bargaining process and
demonstrate mutual good faith, and in consideration of the

199


mutual promises contained in this Memorandum of Understanding,
the parties have agreed to the following mutually
agreeable interpretations of the Pennsylvania Public School
Code of 1949, as amended, insofar as it relates to Section
1003 of the Public Employe Relations Act, Act 195 of 1970.

The parties mutually agree that in applying Section 1003 of
Act 195, the applicable period for determining whether or
not 180 instructional days annually for students is achieved
or may be achieved is the "school term" or the period of
time elapsing between the opening of the public schools in
. the fall of one year and the closing of the P~liC schools in
the spring of the following year as provided in ection 102(3)
of Article 1 of the Pennsylvania Public School ode of 1949,
as amended. The parties also agree that the app icable period'
is not the "school year" as defined in Article 1, Section

102(4) of the Pennsylvania Public School Code of 1949, as
amended. '.

The Union and the Board agree that neither party will assert
in any manner whatsoever before any agency or in any court
proceeding any position which is contrary to the interpreta-.
tion set forth above, namely, that in applying the Pennsyl~
vania Public School Code and interpreting Act 195 of
the applicable period for determining 180 instructional
annually for students shall be the "school term" as
in Section 102(3) of Article 1 of the Pennsylvania
School Code of 1949.

This agreement shall remain in effect until it is changed
the mutual agreement of the parties or until either
102 of the Pennsylvania Public School Code of 1949 or
tion 1003 of the Public Employe Relations Act, Act
1970, is changed by an act of the Pennsylvania l"mol.,.,;¥,,;:,

All disputes between the parties concerning a
interpretation, application, or meaning of any provision.
this Memorandum of Understanding shall be settled by
mitting it to binding arbitration, using the grievance
arbitration procedures contained in the Collective
ing Agreement in effect between the parties at the time
dispute arises.

200

INDEX


Absence due to death in family .............. , ...... , 186-187
Absenteeism of students ....... , . , ... , ................ 30, 32
Act 195 of 1970 ....................... 198-199, 8, 16, 45, 49
Activities, extracurricular. ...........................153-158


Activities, directors ............................153, 116-117


Activities teachers .................................. 116-117
Adjunct teachers ........................ 121-122, 130-131, 15
Advanced degree programs & credit ................. 137-140
Amending the Agreement ................................ 14
Annual fringe benefit statement ......................... 186
Annual summary statements to teachers ................ 80-81
Annuity program ...................................... 168
Arbitration ................................ 45-49, 16, 50-51
Assaults ....................... : ....................... 32
Athletic directors (see Faculty managers)


Athletics (interscholastic) .............. 25-28, 142-144, 147, 20
Athletics program and funds ..........................25-28
Attendance Improvement Program ............. .43-44, 36, 39
Attendance of students and attendance standards ....... 30, 32
Auto insurance (group) ............................. 167-168


Blue Cross-Blue Shield .............................. 169-174
Board policy matters ................................. 16, 45
Brookline Teacher Center ........................... 196-198
Building .representative and committee .......... 11, 15, 99-100
Building seniority .................................... 53-60
Bulletin boards for Union use ............................ 12


Calendar ...................................... 43-44, 94-96
Certification seniority ................................... 65
Childhood diseases ..................................... 178
Class cutting by students .................................32
Classroom interruptions ................................. 99
Class size ........................... 17-18, 20-23, 19, 29, 90
Closing days of school in senior highs .................. 40-42
Clubs .................................................153
Coaches, coaching salaries, & vacancies ....... 142-144, 148-149
Connelley Skill Center teachers ................... 110-111, 36
Conroy Education Center teachers ................ Ill, 19, 36
. Contagious diseases ................................ 178-179
Conversion of personal leave ............................ 181
Coordinators .. : ........................ 127-128, 114-115, 93
Corporal punishment ................................. 32-33
containment. ........................ 169, 170, 171, 172
\Counselors .......... ; .... 101-102, 127-128, 93, 114, 136, 132
attendance ....................................... 74
Union plans ..................................... 187
::Curriculum work ................................... 151-152


201



Hide Document