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collective bargaining agreement contract between - Bureau of Indian ...

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Article 30Education Personnel SystemThis Article covers Contract Education Employees. Where 62 BIAM 11 and this Agreementconflict, this Agreement will govern.Section 1. EmploymentContract Education Employees under the authority <strong>of</strong> P.L. 95-561 are recognized as employees <strong>of</strong> the<strong>Bureau</strong> <strong>of</strong> <strong>Indian</strong> Education. They will be evaluated, supervised, rewarded, disciplined, compensated,hired and removed by BIE management employees. Where 25 CFR Part 38 and this Agreement conflict,the provisions <strong>of</strong> this Agreement will govern.Section 2. Employment ContractA. There will be a <strong>contract</strong> <strong>between</strong> the <strong>Bureau</strong> <strong>of</strong> <strong>Indian</strong> Education and the individual employeehired or converted under P.L. 95-561, as amended. In the event the terms <strong>of</strong> such <strong>contract</strong>conflict with the terms <strong>of</strong> this <strong>agreement</strong>, this <strong>agreement</strong> will govern. The <strong>contract</strong> will show theposition title, the beginning and ending dates <strong>of</strong> the <strong>contract</strong> <strong>of</strong> the career seasonal employee, thehourly and <strong>contract</strong> salary, the number <strong>of</strong> vacation days, and the number <strong>of</strong> administrativelydetermined work days.B. The number <strong>of</strong> instructional days in the school year will not be changed without first obtaining awaiver as required in 25 CFR.C. When a pre-employment or post-audit review <strong>of</strong> the qualifications <strong>of</strong> the employee shows thatthe employee is not suitable or qualified for the position or salary assigned, the <strong>contract</strong> may beadjusted or terminated. If an error in pay step or level is found that is no fault <strong>of</strong> or is done withno knowledge <strong>of</strong> the employee, and if the employee requests a waiver <strong>of</strong> overpayment, theHuman Resource Officer will recommend to the <strong>Bureau</strong>’s Payroll <strong>of</strong>fice that the overpayment bewaived. If an error is found that indicates the employee is at a lower level or increment, thecorrection in pay will be made in the first pay period following the end <strong>of</strong> the audit. The auditmust be completed within 90 days <strong>of</strong> the appointment.D. Where underpayment is found to be solely due to Management administrative error, theemployee will be made whole and paid interest on the unpaid amount at the statutory rate.Section 3. Probationary PeriodA. Probationary Period(1) New employees will serve a probationary period <strong>of</strong> one (1) academic year. An academicyear is further defined to be the equivalent <strong>of</strong> two (2) academic semesters. The following99

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