UTAH EDUCATORS' RIGHTS PAMPHLET
« previous page | index page | next page »
The most comprehensive source of teachers' rights is local negotiated agreements and board policy. This section uses the term "negotiated agreement" but negotiated agreement includes board policies.
Most Utah school districts have negotiated agreements with the local affiliate of the UEA providing a wide and diverse range of substantive and procedural rights. The negotiated agreement contains definitions, the process for negotiating with the district, grievance and termination procedures, the salary schedules, personal insurance benefits, leave policies, sick pay, progressive discipline procedures, remediation, voluntary and involuntary transfer procedures, professional development issues, hours of work (at school), extra-duties assignments, work load, class size, peer review, professional assistance and remediation. The UEA has prepared a "Professional Agreement Reference Manual" to assist locals have access to and use good contract language.
A negotiated agreement should contain:
a. A salary schedule, lane changes and increments, and longevity steps in which all certificated teachers are described. Longevity steps should be indexed at the same rate as the salary.
b. A description of the medical insurance plan, the name of the provider, whether the district will pay employee, dependent and family coverage, describe the deductibles and co-pays and whether the provider will be selected by the local association and the district. Changes in coverage should only be made with the concurrence of the local.
c. A description of any early retirement benefit.
d. A grievance procedure and (if different) a negotiated termination procedure which assures a decision by a third party hearing officer, or better, an independent arbitrator. Disciplinary action should be based on job-related conduct, not the private life of the educator.
e. Good evaluation language including a remediation process.
f. Provisions for voluntary and involuntary transfers, reductions in force in which seniority is the primary criteria, and progressive discipline.
g. Professional development issues including safe schools, released time for professional development, association work, transfers, site-based decision making, class size, dealing with problem students, special education and support, planning time, extra duties assignments for which compensation is paid, duty-free lunch time, and protection for academic freedom.
h. Recognition of the association as the exclusive bargaining (representative) for teachers. (Utah law prohibits a school board from entering into an agreement that prevents the board from negotiating individual terms and conditions of employment, but most districts follow the negotiated agreement anyway.)
Because Utah has 40 school districts, each with its own negotiated agreement, any detailed discussion is impossible in this short summary. Those provisions must be obtained from your local board of education and your local association. It is important you know what your rights are.
If a contract right is violated, every district has a grievance or termination procedure to correct the alleged violation. Most procedures require a grievance or request for a hearing be made within a short time after the employee "knew or should have known" of the violation. Failure to timely make the request or file the grievance usually results in waiving it.
UniServ directors who have expertise in the area of employee rights are available to consult with members about their rights.