2009+Definitions

ARTICLE II: Definitions

Post information related to who is included in our bargaining unit on this page.

**Here is nurse info provided to DTA from Charlyn Shepherd, KNEA UniServ Director:**

To: DTA Re: De Soto Nurses- licensed RN’s It has been requested that all RN’s who are BSN’s are a part of the bargaining unit and should be paid based upon negotiated salary agreement. It has been requested that licensed RN’s are a part of the bargaining unit and along with LPN’s have a separate negotiated salary agreement. Currently in USD 232, there is one RN with a BSN paid on the negotiated salary schedule. Her position is currently the supervising nurse. There are (3) three RN’s currently who hold a BSN working for the district. There are (2) two licensed RN’s working for the district; and (6) six LPN’s working for the district. Step 1 $ 31, 700 2 $ 31, 800  3 $ 31, 950   4 $ 32, 175   5 $ 32, 475   6 $ 32, 800   7 $ 33, 125   8 $ 33, 475   9 $ 33, 850    ** Sample salary schedule could be negotiated for two years as frozen. Meaning: no change, no raise on scale, just step increase or no step increase. Of course, we would need to research the cost to the district to support the change in salary. The funds would come from support salaries on the budget line. ** 4. **Professional Employee**: All persons employed by the School District on a part-time or full-time basis, who are in professional, educational, or instructional positions or that require a license issued by a state agency, but shall not mean any such person who is in an administrative employee, substitute teacher, learning coach, or in special education related services positions. 6. **Bargaining Unit**: Shall include all professional employees as defined in Article II, Section 4. Membership in the bargaining unit shall be based upon the professional employee’s assignment within the district and not solely on the license held (i.e. by agreement includes district registered nurses in supervisory positions). K.S.A. 65-1113(d) specifies: “The practice of professional nursing as performed by a registered professional nurse. . . means the process in which substantial specialized knowledge derived from the biological, physical, and behavioral sciences is applied to: the care, diagnosis, treatment, counsel, and health teaching of persons who are experiencing changes in the normal health or the prevention or management of illness, injury or infirmity; administration supervision or teaching of the process as defined in this section;. (Emphasis added.) It is apparent from K.S.A. 65-1113 that registered nurses possess knowledge of an advanced type in a field of science or learning, customarily acquired by prolonged study at an institution of higher learning as required by the definition of “professional”. 1) common supervision of employees;  2) functional integration of operations and job duties; 3) similar skills, training, and qualifications;  4) interchangeability and contact between employees; 5) similar work situations;  6) common wages and benefits; 7) payment of wages;  8) working hours; 9) regularity of work (full-time, part-time, temporary, seasonal); and  10) geographic proximity. While these factors are the most frequently cited, they are not exclusive, and no single factor or group of factors is controlling. As noted above, school nurses share with the District's teachers, the requirement of advanced training. School nurses work the same hours, work the same days, and have the same days off as do teachers. School nurses also report to the Building Principal, as do teachers. Both teachers and school nurses employed by the District attend in-service education programs during the year. In some cases, school nurses have continuing education requirements for the renewal of their license, as do teachers. On occasion, school nurses serve as a resource for the teachers, and participate in teaching sections in health classes, hygiene classes, sex education classes, and biology classes.
 * Recommendations: **
 * At this time we would negotiate for all licensed RN’s. At this time, it does not include LPN’s
 * All licensed RN’s shall have a contract the same as bargaining unit members.
 * RN’s holding a bachelor’s degree and employed as school nurses shall be placed on the regular teacher’s negotiated salary schedule.
 * RN’s not holding a bachelor’s degree and employed as school nurses shall be placed on adjusted negotiated salary schedule.
 * Sample adjusted salary schedule: or what team creates **
 * Points for discussion: **
 * 1. ** DTA: Professional Negotiated Agreement
 * Article II: Definitions **
 * This language would include licensed RN’s working as school Nurses in the district. **
 * The additional agreement in #6 was to be inclusive of the supervising RN’s because their assignment was a supervisor. **
 * The District's existing professional bargaining unit currently includes a number of professional employees who are not classroom teachers, including school Librarians, and school Counselors. **
 * 2. ** In Kansas, the practice of nursing, including school nursing, is controlled by the Kansas Nurse Practice Act, K.S.A. 65-1113 et. seq. (Tr. 13-22) It is clear from these governing statutes and their derived regulations that school nurses satisfy the Department of Human Resources, definition of “employed in a professional capacity.”
 * 3. ** The factors to be considered in determining whether or not a group of employees share a community of interest include:
 * A survey was created to seek information from the nurses. **
 * See attached survey (saved in the //Manage Wiki// section under //Files//). I can't attach the survey here on this page. **
 * 4. ** We would need to include Bargaining Unit as a part of the Notice letter. Re: Licensed Nurses and Social Workers.