Article I General Provisions
I.1 Preamble
The School Board of Martin County, hereinafter referred to as the "Board" and the Martin County Education Association, hereinafter referred to as the "Association", having met and negotiated in accordance with Florida Statutes Chapter 447 and having reached certain understandings, hereby agree as follows:
I.2 Recognition
A. The Board hereby recognizes the Association as the sole and exclusive Bargaining agent for all teachers, deans, team leaders, guidance counselors, media specialists, activities directors and occupational specialists.B. The Board further agrees not to negotiate with any other organization as bargaining agent other than the Association for those employees in the unit as listed in "A" above.
C. The School Board acknowledges that the provisions of the master contract are legally enforceable. For violations the parties reserve the right to pursue all remedies available under law or under provisions of this contract.
I.3 Definitions
The following terms, as used herein, shall apply to this contract only:
Board: shall mean the School Board of Martin County.
Association: shall mean the Martin County Education Association.
Agreement: shall mean the four corners of this negotiated contract.
Employee: shall mean any contracted employee of the Board in the bargaining unit.
Employer: shall mean the School Board of Martin County.
Seniority: shall mean the length of continuous (unbroken) service with the Martin County School System; absences due to approved leaves shall not count as a break in service.
Days: shall mean calendar days unless otherwise indicated in this Agreement.
Board: shall mean the School Board of Martin County.
Association: shall mean the Martin County Education Association.
Agreement: shall mean the four corners of this negotiated contract.
Employee: shall mean any contracted employee of the Board in the bargaining unit.
Employer: shall mean the School Board of Martin County.
Seniority: shall mean the length of continuous (unbroken) service with the Martin County School System; absences due to approved leaves shall not count as a break in service.
Days: shall mean calendar days unless otherwise indicated in this Agreement.
I.4 Negotiations
A. This agreement shall constitute the full and complete agreement between the Board and Association and may not be altered nor amended during the term of its existence.B. Subsequent collective bargaining negotiations between the Board and the Association will begin no sooner than one hundred thirty-five (135) days prior to the termination of this Agreement.C. The parties agree that any school may request a waiver of the collective bargaining agreement contractual provision, School Board rules or Florida Department of Education rules, provided the waiver is signed by the Principal and the MCEA Senior Representative and approved by a secret ballot of two-thirds vote of the faculty. The Principal or his/her designee and the Association representative shall count the ballots. In addition, the waiver must be recommended by the Superintendent and approved by the Board and the Executive Board of the Association. The failure of the Superintendent and the Association to recommend the waiver to the Board for approval is not subject to the grievance arbitration procedures. A minimum of seven days’ notice shall be given to the Association before a school site waiver vote is taken.D. The contract waiver process shall follow the steps listed below:SACPRINCIPALMCEAFACULTYDACSUPERINTENDENTBOARDDOE (if applicable)E. The parties are committed to using a problem-solving process conducted in a principled way that creates effective solutions while improving the relationship.
