Article 5

Nothing contained in this Contract shall be construed to limit, impair or affect the right of any public employee or their representative to the expression or communication of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment or circumvent the rights of the Exclusive Representative; nor shall it be construed to require any public employee to perform labor or services against their will.

Public employees shall have the right to form and join labor or employee organizations and shall have the right not to form and join such organizations. Public employees in an appropriate unit shall have the right by secret ballot to designate an Exclusive Representative for the purpose of negotiating grievance procedures and the terms and conditions of employment for such employees with the employer of such unit.

In accordance with the PELRA, teachers as professional employees have the right, through their Exclusive Representative, to meet and confer with the School Board or designated representatives thereof regarding policies and matters not included under terms and conditions of employment as defined in Article Three.

Roseville teachers included in this appropriate unit, through the certified Exclusive Representative, have the right and obligation to meet and negotiate in good faith with the School Board or designated representatives thereof regarding grievance procedures and the terms and conditions of employment, but such obligation does not compel the Exclusive Representative to agree to a proposal or require the making of a concession.

Teachers shall have the right to request and be allowed dues check off only for membership in EM-R, as Exclusive Representative. Initial authorization must be delivered to the Human Resources Office by EM-R as Exclusive Representative, not later than September 30th of each contract year, except that for teachers contracted after September 16th or teachers changing membership status, EM-R, as Exclusive Representative, shall have twenty (20) working days from date of employment or change in status to deliver such authorization. Such authorization shall continue in effect from year to year unless revoked in writing between June 1st and September 1st of each year. Subsequent to initial authorization, EM-R, as Exclusive Representative, shall notify the Human Resources Office not later than September 30th of each contract year of the amount of dues to be deducted from each member. Maintenance and accuracy of such authorizations shall be the responsibility of EM-R as Exclusive Representative. The authorized dues shall be deducted in sixteen equal amounts from the paychecks of the 15th and 30th of each month beginning with October 15th and ending with May 30th. In cases of termination or leave, deduction shall cease effective the pay period of termination or leave. All dues withheld shall be made payable only to the local organization.

Subd. 1. Teachers contracted for less than the full year shall be eligible to have dues deducted for EM-R, as Exclusive Representative, and for the number of months remaining to termination or May 30th, whichever comes first.

Subd. 2. Loss of Dues Check Off: The right of dues check off or proceeds therefrom shall not be allowed any local teachers organization that has lost its right to dues check off pursuant to M.S. 179A.19, Subd. 7 of the PELRA.

Subd. 4. Payment to Teacher Organization: The school district will pay EM-R as Exclusive Representative the amount of such deduction to which it is entitled within five (5) working days of the deduction on the 15th and 30th of the month and such payment to be accompanied by a list of teachers' names for which deductions were made except in emergency situations in the payroll department.

The Exclusive Representative shall have the right to petition the director for arbitration under M.S. 179A.16, Subd. 1, of the PELRA provided the Exclusive Representative or the employer has first petitioned the Director for Mediation Services as are available under M.S. 179A.15, of the PELRA.

A teacher shall be notified when new material relating to the teacher's performance or letters from parents or students are to be placed in the teacher's personnel file and have five (5) working days to respond in writing to the Human Resources Office prior to placement of the material in the file.

Pursuant to M.S., 122A, Subd. 19, all evaluations and files, wherever generated, relating to each individual teacher shall be available during regular school business hours to each individual teacher upon written request. The teacher shall have the right to reproduce any of the contents of the files at the teacher's expense and to submit for inclusion in the file written information in response to any material contained therein; provided, however, a school district may destroy such files as provided by law. The District will adhere to M.S. 181.961 - Review of Personnel Record by Employee.

Representatives of EM-R, as Exclusive Representative, shall be permitted to transact official EM-R business on school property at reasonable times, provided that such business shall not interfere with nor interrupt normal school activities. All personnel not employed in the building being visited shall notify the building office of their presence. The principal may determine whether or not such business interferes with or interrupts normal school activities, and if it does, the principal may direct the participants to cease.

EM-R, as Exclusive Representative, may use school equipment on school premises provided that such does not interfere with normal school activities or the discharge of regular duties. EM-R, as Exclusive Representative, will bear full cost of labor, materials, and supplies used, and will submit a report of such use to the building principal or the representative of the School Board following such use. The principal may determine whether or not such use of equipment or supplies interferes with or interrupts normal school activities, and if it does, the principal may direct such use to cease.

EM-R, as Exclusive Representative, may post notice(s) related to the business of EM-R in the faculty area(s) and in a fifteen square foot space accessible to all teachers designated for such purpose by the building principal. EM-R, as Exclusive Representative, may use school mailboxes to distribute normal organization literature and materials. Normal organizational literature shall not include literature endorsing specific candidates involved in local, state, or national elections unless the elections are solely concerned with the Exclusive Representative. All bulletins and materials distributed through district mails or placed in teacher's mailboxes by EM-R are to be identified with the name of at least one (1) person responsible for material affixed and one (1) copy shall be sent to the Superintendent and the building principal.

EM-R, as Exclusive Representative, after a minimum of six (6) hours written notice and approval by the building principal or authorized representative of the School Board, may use school buildings for meeting purposes. Such use shall not interfere with a previously scheduled school or community activity. EM-R, as Exclusive Representative, shall notify the principal of the meeting space requested and the number of any guests to be invited. The use of such buildings shall be at no cost to the Exclusive Representative provided that additional custodial or other services are not required. Where the principal determines that additional custodial or other services are required, they shall inform EM-R representative in advance indicating estimated cost for such use.

Information available to a resident of District 623 or a governmental agency shall be made available within a reasonable time to EM-R, as Exclusive Representative upon written request. Cost of duplication of such copies shall be borne by the Exclusive Representative.

Subd. 1. EM-R, as Exclusive Representative, shall have bi-annual business leave of up to a total of one hundred twenty (120) days. Such leave shall not accrue. Use of such leave may be made upon written application by the EM-R President to the Superintendent or their delegated agent at least three (3) working days in advance and shall be granted provided that a substitute is available. The one hundred twenty (120) days shall be billed at the current actual rate paid the substitute. Such leave shall not be deducted from sick/emergency or personal leave and the cost of the substitute shall be reimbursed to the district by the Exclusive Representative.

Subd. 2 EM-R shall have the equivalent of a .5 FTE leave in order to conduct the business of the organization. EM-R will notify the district of the leave determination no later than March 1. The teaching assignment held during the term of office will be the same as they held the year(s) prior to being elected unless that assignment no longer exists within the school district or unless the assignment is changed for the term of the leave by mutual agreement. The district will pay the salary cost of the .5 FTE leave.

Subd. 1. The representatives of EM-R as Exclusive Representative shall not have deduction of pay or accumulated leave for negotiation meetings with School Board representatives if such meetings are held during the normal teacher duty day.

Subd. 2. In the event that mediation or interest arbitration are a necessary part of the contract renewal process and are conducted during the duty day, EM-R, as Exclusive Representative, shall not have deduction of pay or accumulated leave for these meetings for attendance by the Exclusive Representative's chief spokesperson and two other members of EM-R.

Subd. 3. Meet and Confer and Contract Review meetings may begin during the duty day provided the beginning time is mutually agreed upon and that none of the teacher representatives of the Exclusive Representative who are participating in such meetings will have an interruption of any assigned instructional or supervisory activities.

Subd. 1. Upon request, a copy of each individual's contract will be sent to EM-R as Exclusive Representative when the person is hired, or the contract is changed.

Subd. 2. Any financial arrangements with individual teachers will be subject to final sign off by the Exclusive Representative.