Negotiated Agreement Checklist

Toolkit

The purpose of this list is to provide negotiators with a basic checklist of contract provision. Some may not be applicable to your bargaining; it is not intended to cover all bargaining situations at all times. Before you begin negotiations, we suggest you use this to review your contract to spot any provisions that need revision. We strongly advise you to use it with the assistance of your UniServ Director.

By: South Dakota Education Association

Published: November 3, 2025

Basic Contract Provisions

Agreement
Are dates, organization names and affiliations accurate?
Purpose
Is it clear that the master agreement establishes wages, hours and other terms and conditions of employment?
Extent of Agreement/Inconsistent Terms
Does it state that employer policies, rules and individual contracts that are inconsistent with the master agreement are superseded by the master agreement?
Recognition
Is the composition of the bargaining unit clearly and accurately described: have new
job categories been included? Are special categories of employees (such as substitutes and Part-time) defined?
Association Dues
Does it provide for automatic deduction?
Negotiation Procedures
Does it correctly describe the employee’s and association’s obligations and responsibilities? Does it avoid specifying a date by which the association notifies the employer that it intends to open negotiations? Does it avoid language that would limit the association’s right to bargain over new issues during the life of the agreement?
Calendar
Does it clearly specify: The workday? Work year? Make-up days? Holiday? Vacations? In-services?
Maintenance of Standards
Does it require the employer to maintain all terms and conditions of employment at
no less than the highest standards and practices?
Grievance Procedure
Does it provide for filing of grievances free of limitations of what can be grieved? Are time lines beneficial for the successful processing of grievances?
Subcontracting
Is the employer prohibited from contracting out bargaining unit work? Are the restrictions enforceable?
Duration
Is there a clear duration of the contract?
Separability
Does it state that the master agreement is valid even if a specific provision is found to be contrary to law? Are the parties required to renegotiate such provisions?
Association Rights
Are association representatives guaranteed access to buildings and equipment? Are association representatives provided unlimited rights to transact association business? Must the employer furnish information (financial, minutes, agendas, membership data, etc.) in a timely fashion? Does the association have the right to use the employer’s delivery system?
Employee Rights
Are employees guaranteed the right to association representation at all times? Is there a provision that protects the personal and private lives of employees?
Nondiscrimination
Is there a clause that forbids discrimination on the basis of race, gender, age, creed, religion, ethnicity, sexual orientation, handicap, union membership or activity, marital status, national origin or ancestry, physical characteristics, or place of residence?
Fair and Equitable Treatment
Is there a clause that guarantees that the employer will treat all employees fairly and equitably?
Employee Discipline
Does it specify that there will be “just cause” for all employee discipline or discharge? Does it cite progressive discipline with due process procedural guarantees?
Job Postings
Does it mandate that all unit vacancies will be posted? Does it clearly define a posting period?
Hirings, Vacancies, Promotions and Transfers
Are all of the terms clearly defined? Is there a clear hiring process defined? Are time lines clear? Is the employer required to hire the most senior of the employees who meet minimum qualifications?
Qualifications and Assignments
Are qualifications clearly defined? Are employee rights pertaining to assignments clear? Are time lines for notification enforceable?
Reductions in Personnel, Layoff and Recall
Is the layoff process clearly defined or merely implied? Are all pertinent terms (such as seniority, years of service, qualified, and reduction) clearly defined? Is there a specified time period for prior notice of layoff? Are recall rights clearly specified with no limits on the employee? Can the employee refuse recall to a position which is not comparable to the original? How does recall interact with return from leave of absence?
Seniority
Is seniority clearly defined? Is seniority credit given during various leaves of absence? During layoff? Does it preclude unit seniority for administrators? Is there a system for breaking ties in seniority? Is the employer required to provide updated seniority lists at periodic intervals? How is seniority applied to assignments?
Employee Evaluation
Is evaluation described in a non punitive manner? Is there a sound procedure with acceptable time lines? Are evaluations grievable? Is the evaluation instrument a part of the contract? Is the employee forewarned of observations? Does it forbid electronic observation or surveillance?
Personnel Files and Records
Does the employee have ready access to personnel records? Are the files appropriately restricted to others?? Are appropriate file contents listed in the contract? Is the employer precluded from keeping unofficial fines?
Resignation/Severance
Are time lines and accrued benefits accurately defined?
Working Hours/Work Schedule
Are the normal work day, work week and work year defined? Are regular hours and overtime specifically defined where applicable? Are starting and ending times specified? Are breaks defined? Is compensatory time within the law? Is overtime based on hours earned rather than worked?
Work Load
Does the contract establish limits on crew size, class size, area of responsibility, contract hours?
Equipment, Materials, Facilities
Are the tools, educational supplies, materials and equipment necessary for work guaranteed? Are facilities open to employee and association use?
Health and Safety
Are there procedures for reporting potentially unsafe working conditions? Are employees guaranteed the right to refuse unsafe or hazardous work? Is the employer obligated to rectify unsafe or hazardous conditions?
Employee Protection
Do employees have guarantees which ensure that student or parent complaints or abuses will be dealt with fairly and effectively”?
Illness and Disability
Are illness and disability broadly defined or unrestricted? Does paid sick leave accumulate without limit? Is pregnancy-related disability covered? Can it be used for family illness? Are sick leave and other disability leave and benefits clearly coordinated? How is Family Medical leave Act incorporated into the negotiated leave provisions?
Personal Leave
Are the definition, accrual and usage clearly defined?
Child Care Leave
Are the terms and conditions of the leave clearly expressed? What are the return rights? Are extensions covered? Does seniority continue to accrue?
Association Leave
Does association leave time include release time for holding office or association work? Is there paid leave time for grievance investigation and contract administration? Contract negotiations? Other hearings?
Jury Duty/Court Appearance
Is “no loss of pay” guaranteed? Are employment-related court obligations included? Is paid personal time available?
Educational Leave/Training
Is leave for further education or training available? Does the employer contribute by continuing salary, paying tuition, or associated costs? Are time lines, return rights and seniority specified?
Military Leave
Does it comply with federal and state law? Do seniority and salary schedule advancement continue? Do benefits continue for the employee’s family?
Unpaid Leave
Does the definition cover a broad range of situations? Does it clearly describe return from leave? Seniority? Salary schedule advancement?
Wages
Does the wage schedule accurately depict all of the areas (lanes, levels, grades,
classifications) and rates of pay for all bargaining unit work? In addition to schedule improvements, does it provide for regular cost-of-living adjustments? Are there ten or fewer annual increments for teachers or faculty and five or fewer annual increments for ESP?
Compensation
Does it expressly provide how and when wages will be paid? Are conditions such as mid-year employment and step advancement covered? Are all variables affecting salary and rate of pay (like cross-classification work and summer work) defined?
Employee Benefits
Does the contract provide for fully employer paid full family benefits for all employees including: health, long term disability, dental, life and vision? Does it provide for employer paid child care or a salary reduction plan so employees can save taxes on child-and elder-care expenses? Are benefits defined so that full-and part-time employees are covered? What are the enrollment requirements? Does the contract provide for benefit continuation in the event of death, leave of absence, layoff and/or retirement?
Vacations
Are vacations or “downtimes” set forth? What are the conditions surrounding use of vacation time? How does vacation time accrue? Can it accumulate? How does vacation time convert between nine and twelve month statuses?
Holidays
Are all holidays listed? Are employees paid double time for working such days? Does the contract avoid restrictions on working the day before and after holidays?
Student Discipline
Does the contract require administrative support for employee discipline of students?
New Programs
Does the contract require negotiations before the implementation of any new programs?
Annexation/Consolidation
Does the contract require continuation of contractual provisions and collective bargaining before any annexation or consolidation?
Extra Curricular Assignments
Does the contract specify how such positions are filled? Are bargaining unit members given first choice at such positions? Are embers entitled to just cause for discipline or discharge from such positions?
Externally Funded Programs
Do these programs meet statutory mandates?
Early Retirement Incentives
Are early retirement incentives provided that meet the requirement of both tax and age discrimination laws?
Professional Development
Does the contract provided for funding for employee professional development? Does it specify the procedures?
Job Descriptions
Does it provide for job descriptions negotiated with the association?
Certification and Licensure
Does the contract forbid the use of noncertified or unlicensed employees for appropriate positions? Is there employer-provided training for any new license requirements? Does the employer pay for the cost of the employee’s certificate or license?
Substitutes
Are substitutes covered? What occurs when employees substitute for one another? Do employees have a priority right to substitute for one another? Is the substitute rate of pay included?
Communicable Disease
Is there a clear communicable disease policy that protects employees?
Drug Free Workplace and Schools and Communities
Is there a clear policy that protects employees and meets federal requirements?
Administration of Medication
Are employees freed of the requirements to administer medication? If not, is full training and liability protection provided?
Affirmative Action
Does the contract provide for affirmative action to the greatest extent permitted by law?
Employee Assistance Program
Does the contract provide for an employee assistance program? Is confidentiality guaranteed? Are employees with drug or alcohol problems provided with this coverage before disciplinary action?
School Improvement Plan
Does the contract guarantee employee input and empowerment in the school improvement plan? Does it guarantee employee site-based decision making? Does the school improvement plan contain a multicultural and gender fair provision?
Site-Based Decision Making
Does the contract provide for a process for granting waivers from the master agreement where the association determines they are warranted? Is employee participation guaranteed? Is employee participation voluntary? Is it compensated? Does the contract specify the parameters of the site based decision making process? Does the contract mandate the implementation of decisions? Is there a termination day?
Quality Measures
Are the other quality issues (annual report, core curriculum and school accreditation) addressed? Do each of the quality issues contain a multicultural and gender fair component?
Special Education/Least Restrictive Environment/Regular Education Initiative/Medically Fragile
Are employees who work with special education students provided appropriate training and equipment? Is there a process to assure adequate placement? Are special duration students considered in work load or class size provisions? Are employees who must work with the medically fragile students provided all necessary training and support?
Sexual Harassment
Does the contract provide for a workplace free of sexual harassment? Does it provide for a fair complaint procedure that includes due process for employees accused of sexual harassment and for the accuser?
Worker’s Compensation
Are workers who are injured on the job guaranteed their jobs back? Does the contract permit them to use prorated sick leave to maintain full salary?
Dependent Care
Does the contract provide for a Dependent Care Assistance Plan so that employees can save taxes on the expenses of caring for children or other dependents?
Job Shares
Does the contract permit members to voluntarily job share? Does it clearly specify all of the conditions and terms?

K-12 Teacher Provisions

Adult Education Tenure
Does the contract provide for the tenure of adult education teachers?
Grade Changes
Does the contract specify the rules of procedure for the district grade change review committee?
Grievance Procedure
Do members have the right to pursue both a tenure claim and a grievance? If not, does the contract clearly permit a grievance in the absence of a tenure claim?
Class Size
Are there enforceable class size limits?
Preparation Time
Is adequate preparation time guaranteed?
Evaluations
Does it guarantee that teacher evaluations are not based on student test scores or other outcome measures?
Certification
Is there a clear policy for review of application for voluntary certificate revocation?

ESP Provisions

Bus Runs
Is there a specified bid system for runs? Are runs clearly defined? Is down time covered? Call-in time for canceled runs? Pre-trip inspection
Uniforms
Is the employer obligated to provide uniforms for employee groups that desire them? Do employees select the uniforms?
Tool Allowance
Is there a tool allowance?
Shift Premiums
Is there an hourly premium pay for night shifts?
Banquets
Is banquet work rotated among food service employees? How is it compensated?
Building Checks
Are custodial employees compensated for building checks?
Radios
Are two-way radios provided to bus drivers?
Paid Lunch
Are employees provided for paid lunches and breaks? Can they leave the premises at these times?
Annual Physical
Are all physicals that are required by the employer or by law paid for by the employer? Is the employer forbidden from covert drug-testing?
Pay Equity
Has the salary schedule been changed to eradicate gender and/or racial bias in the pay and benefits?
Commercial Drivers License (CDL)
Does the employer pay for the commercial Drives License and all state-mandated training and testing?
Other Requirements
Does the employer assume all costs (including paid time for the employees) for all required training and testing?
Mechanical and Electronic Surveillance
Does the contract forbid all mechanical and/or electronic surveillance of employees?
(Examples: Tattletales, video cameras, etc.)

SDEA provides high-quality professional learning to improve your professional practice, support student success and excellence, and build community with other members across South Dakota.

Basic Contract Provisions

K-12 Teacher Provisions

ESP Provisions

References

It's about our kids.

Suggested Results

Negotiated Agreement Checklist

Basic Contract Provisions

K-12 Teacher Provisions

ESP Provisions

References

Ready, Set, Grow!

Join SDEA Retired

It's about our kids.

Signup

Log in