Agreement

TABLE OF CONTENTS

ARTICLE PAGE

PREAMBLE....................................................................................................... 1

1. RECOGNITION OF BARGAINING AGENT.................................................. 1

2. MANAGEMENT RIGHTS................................................................................ 1

3. GRIEVANCE PROCEDURES........................................................................... 1

4. NO-STRIKE CLAUSE...................................................................................... 3

5. EXPRESSED WAIVER CLAUSE..................................................................... 3

6. VOIDABLE WAIVER CLAUSE....................................................................... 4

7. CONDITIONS OF WORK............................................................................... 4

SECTION A. Work Day & Week............................................................ 4

SECTION B. Work Year......................................................................... 4

SECTION C. Lunch Periods.................................................................... 4

8. VACANCIES, TRANSFERS, PROMOTIONS................................................. 5

SECTION A. Vacancies........................................................................... 5

SECTION B. Transfers............................................................................ 5

SECTION C. Promotions......................................................................... 5

9. ABSENCES AND LEAVES.............................................................................. 5

SECTION A. Absences........................................................................... 5

SECTION B. Leaves of Absence............................................................. 6

SECTION C. Personal Days.................................................................... 6

SECTION D. Religious Obligation Leave.................................................. 6

SECTION E. Bereavement Leave............................................................ 6

SECTION F. Court Leave....................................................................... 6

SECTION G. Sick Leave......................................................................... 8

SECTION H. FAMILY MEDICAL LEAVE ACT................................... 8

A. Parental Leave of Absence................................................. 8

B. FMLA Leave for Serious Health Conditions...................... 10

SECTION I. Small Necessities Leave.................................................... 10

SECTION J. Union Leave..................................................................... 10

10. EVALUATION................................................................................................ 11

11. IN-SERVICE PROGRAMS............................................................................. 12

12. REDUCTION IN STAFF................................................................................. 12

13. COMPENSATION.......................................................................................... 15

SECTION A. Hourly Rates 2001-2004.................................................. 15

SECTION B. Longevity......................................................................... 16

SECTION C. Retirement........................................................................ 16

SECTION D. Holidays........................................................................... 17

SECTION E. Emergency School Closing................................................ 17

SECTION F. Snow Days....................................................................... 17

SECTION G. Insurance.......................................................................... 18

SECTION H. Payroll Deductions............................................................ 18

SECTION I. Payroll Periods................................................................. 18

SECTION J. Supplement...................................................................... 19

SECTION K. Substitute Teaching........................................................... 19

SECTION L. Mileage Reimbursement.................................................... 19

SECTION M.. Tuition Reimbursement...................................................... 19

SECTION N. Additional Compensation: NCLB..................................... 20

14. INDIVIDUAL CONTRACTS.......................................................................... 20

15. PHYSICAL ASSAULTS.................................................................................. 20

16. HEALTH ASSISTANT CPR/FIRST AID CERTIFICATION.......................... 21

17. WORKERS’ COMPENSATION.................................................................... 21

18. HEALTH AND SAFETY................................................................................. 21

19. AGENCY SERVICE FEE................................................................................ 22

20. NO DISCRIMINATION................................................................................. 22

21. CORI CHECKS............................................................................................... 23

22. DURATION OF CONTRACT........................................................................ 23

23. IMPLEMENTATION OF CONTRACT.......................................................... 24

ARTICLE 3.

GRIEVANCE PROCEDURES

SECTION A.

The purpose of this Article is to provide an orderly method for the settlement of a dispute between the Parties over the interpretation, application, or claimed violation of any of the provisions of this Agreement. Such a dispute shall be defined as a grievance under this Agreement and must be presented within thirty (30) days of when the employee or the Association knew or should have known of the event giving rise to the grievance and be processed in accordance with the following steps, time limits, and conditions herein set forth. A work day is defined as a day when full-time paraprofessionals are scheduled to work.

The Parties agree that pending the raising, processing, and settlement of a grievance, and during the term of this Agreement, there shall be no slow-down, stoppage, or other interference with work or plant operations, as provided for in Article 4 (No Strike) of this Agreement.

Step 1.

The employee with or without Association representation shall first take up her grievance with her principal.

If the grievance is not settled informally, it shall be filed in writing, signed by the employee, and given to the principal who, within ten (10) days after receipt thereof shall give a written answer to the grievance.

Step 2.

If the grievance is not settled at Step 1, the Association may appeal it to the Superintendent or his designee, by giving a written notice of such appeal within ten (10) days after receipt of the principal's written answer, who shall discuss it with the Association at a time to be fixed by the Superintendent or his designated representative. This discussion is to take place within ten (10) days after the Superintendents receipt of the grievance. The Superintendent or his designated representative shall give a written answer to the grievance.

Step. 3

If the grievance is not settled at Step 2, then either party, by written notice to the other, may demand that the grievance be submitted to arbitration, provided that such notice is given within five (5) work days after the decision of Step 5. The parties shall attempt to agree upon an arbitrator, but if agreement is not reached within ten (10) work days after receipt of such notice, the grievance shall be submitted within ten (10) work days thereafter to the American Arbitration Association.

Arbitration:

1. The arbitration proceeding will be conducted under the rules of the American Arbitration Association. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement. The award shall be final and binding on the Committee, this Association and the Grievant. The expenses and the charge for the Arbitrator's services shall be shared equally by the Committee (50%) and the Association (50%).

2. If the School Committee claims the Association has violated the No-Strike Article of this Agreement, it may present such claim to the Association in writing and if the parties fail to settle it within ten (10) calendar days, the Committee may submit the issue to arbitration under the provision of this Article.

SECTION B.

The Parties agrees to follow each of the foregoing steps in the processing of the grievance; and if at any step the Committee representative fails to give a written answer within the time limit therein set forth, the Association may appeal the grievance to the next step at the expiration of such time limit. Failure of the Association to appeal at any step within the time limits set forth will result in the waiver of the grievance.

SECTION C.

The settlement of a grievance in any case shall not be made retroactive for a period exceeding twenty (20) working days prior to the date the grievance was first presented in writing.

ARTICLE 4.

NO-STRIKE CLAUSE

During the term of this Agreement the Parties hereto agree that there shall be no strikes of any kind whatsoever; work stoppages; slow-down; or interference or interruption with the production or operations of the school by any employees or the Association.

Nor shall there be any strike or interruption of work during the term of the Agreement because of any disputes or disagreements between any other persons (or other employers or associations or unions) who are not signatory parties to this Agreement.

Employees who violate this provision shall be subject to disciplinary action, including discharge; and any claim by either Party against the other of a violation of this Article shall be subject to arbitration as provided for under ARTICLE 3 of this Agreement.

ARTICLE 5.

EXPRESSED WAIVER CLAUSE

The Parties to this Agreement hereby expressly waive any right to require the other to discuss, negotiate or bargain on any subject matter, demands or proposals, whether or not raised, discussed or negotiated upon during the negotiations leading to this Agreement and whether or not covered by any of the terms and provisions of this Agreement.

The Parties agree and intend that this written Agreement sets forth the wages, rates of pay, hours and working conditions of employment of employees covered that are to govern during the term of this Agreement; and no other terms or conditions shall be added to or subtracted from this Agreement during its term, by arbitration or otherwise.

ARTICLE 6.

VOIDABLE WAIVER CLAUSE

The waiver by either Party of any provision or requirements of this Agreement shall not be deemed a waiver of such provisions or requirements for the future and shall not constitute a modification of this Agreement.

The withholding or failure by either party to exercise its rights recognized or reserved by this Agreement shall not be deemed a waiver of said recognized or reserved rights or the right to exercise them in the future in a way that does not conflict with the specific terms of this Agreement.

ARTICLE 7.

CONDITIONS OF WORK

SECTION A. Work Day and Week

The normal work day will not exceed seven and one-quarter (7-1/4) hours, and the normal work week will not exceed thirty-six and one-quarter (36-1/4) hours. Monday through Friday constitutes the normal work week unless there is a change mutually agreed to by the Association and the Committee.

Compensation will be made for all time worked, provided such compensation is at the regular hourly rate and further that any work beyond the normal work day must have the prior approval of the building principal to be eligible for compensation.

SECTION B. Work Year

Paraprofessionals will report for duty and will terminate their school year duty on dates set by appropriate building principals. Such duty may begin up to two (2) days prior to the first date on which students report. Total work year must not exceed one hundred eighty-five (185) whole or partial days.

SECTION C. Lunch Periods

All unit personnel working four (4) or more hours per day shall have an unpaid thirty (30) minute lunch period duty free when their four (4) hour shift (or longer) runs through the established lunch period(s) of their building.

ARTICLE 8.

VACANCIES, TRANSFERS, PROMOTIONS

SECTION A. Vacancies

Unit personnel who wish to be considered for vacancies as they occur within the unit may place their names on a Vacancy Consideration List in the Superintendent's Office. In recommending paraprofessional appointments, principals shall certify that the interest and qualifications of those on the Vacancy Consideration List have been reviewed and considered. This list shall become effective October 1, 1981.

In addition, all vacancies other than those requiring immediate filling, will be posted for seven (7) calendar days by means of the office bulletin board in each school.

SECTION B. Transfers

The School Department reserves the right to transfer a paraprofessional from a position in one school to an equivalent position in any other school in the same school district.

When a transfer is necessary and provided the paraprofessional involved so requests, a meeting will be held with the Superintendent or his designee at which time the paraprofessional will be informed of the reason for the transfer.

SECTION C. Promotions

When a unit employee is promoted or assigned to a unit position of higher classification, said employee shall receive increment step credit for up to four (4) full years of prior employment within the unit or shall be placed on that step which insures no reduction of pay, whichever is greater.

ARTICLE 9.

ABSENCES AND LEAVES

SECTION A. Absences

Paraprofessionals are expected to be present at times as scheduled by their immediate supervisors. If sickness or other family situations cause an unavoidable absence, the paraprofessional must provide the supervising teacher with as much advance notice as possible, so that a substitute can be called if needed.

SECTION B. Leaves of Absence

The Superintendent may grant leaves of absence without pay for periods of up to one (1) year in duration.

SECTION C. Personal Days

Subject to the approval of the building principal, up to three (3) personal days will be granted per school year. Personal leave will only be used to take care of personal, legal or family business when such business cannot be handled at any time other than during work hours and which is not authorized under any other provision of this contract. Such days will not be deducted from sick leave and are not cumulative.

SECTION D. Religious Obligation Leave

Special leave will be granted to employees whose religious obligations require them to be absent from scheduled work. Such leave must be requested at least forty-eight (48) hours in advance, shall be for a partial or whole work day as necessary, and shall not be charged to sick leave, and shall not result in loss of pay.

SECTION E. Bereavement Leave

Up to four (4) consecutive working days leave, as needed, shall be granted without loss of pay or deduction from sick leave following the day of death on each occasion of death in the immediate family including spouse, parent, child, grandparent, sister, brother, in-law, or any other relative residing within the household of the employee. The employee may request of the Human Resource Director an additional day of such leave, if the bereavement leave began on a Monday, or travel warrants an additional day.

SECTION F. Court Leave

Employees who are called for jury duty or summoned on behalf of the School Department shall be granted court leave with differential pay. That is, if the jury fees or witness fees amount to less than the employee's regular rate of compensation, he shall be paid by the School Department an amount equal to the difference between them. Notice of service shall be filed with the employee's immediate supervisor upon receipt of summons. When an employee has been granted court leave and is excused by official place of duty whenever the interruption in said service will permit two (2) or more consecutive hours of employment during the hours of their duty. Court leave without pay shall be granted when an employee is engaged in personal litigation having no connection with their position as an employee of the School Department.

SECTION G. Sick Leave

1. Sick Leave is intended to provide insurance against loss of income due to personal illness.

2. Each full-time member of the bargaining unit shall be entitled to twelve (12) days of sick leave with full pay per contract year. Such twelve (12) days of sick leave shall exist as of the date of the contract for all paraprofessionals, including new paraprofessionals, provided that the new paraprofessional is present to assume contractual obligations. In the event of non-appearance caused by illness or accident, such paraprofessional's pay may be withheld, with due notification to the person and the president of the Association, pending the assumption of his/her contractual responsibility

3. Such sick leave shall be cumulative up to a maximum of two hundred forty-five (245) days.

4. A physician's statement may be required for three (3) or more consecutive days of absence due to illness.

5. Each part-time paraprofessional shall be entitled to sick leave benefits according to the provisions outlined below:

a. the daily rate of pay determined by the contract conditions, and stated therein, shall pertain.

b. part-time paraprofessionals will receive sick leave based upon a pro-rated calculation of the number of days and the number of hours they are contracted to work. The basis for this calculation will be the twelve (12) days per year granted to full-time paraprofessionals.

6. Each paraprofessional shall be informed by October 1st of each year of the number of accumulated sick leave days he/she has on record.

7. Employees are permitted to use ten (10) days of sick leave for the:

a. Birth of a child if the employees is the non-birth parent;[1]

b. Adoption of a child (If two [2] staff members are parents of the child, only one of the parents may use the sick leave);

c. Serious medical condition of a family member within the scope of the FMLA;

d. Serious medical condition for an individual where the employee is needed to care for them.

In those cases involving Sections (c) and (d) above, the employee must produce a completed Department of Labor certification of serious health condition for the family member or individual before using the sick leave.

When the employee is also going to use unpaid FMLA leave under Sections H of this Article 14, the sick leave days permitted above will run conterminously with the twelve (12) week allotment permitted by these provisions and the FMLA.

8. A bargaining unit member who has completed twenty (20) or more years of service with the Committees will, upon a voluntary termination of employment and if their accumulation of sick leave is at least 140 days, be compensated for their unused accumulated sick leave at the rate of $15 per day. A voluntary termination will be limited to retirement and/or a normal resignation resulting for another employment opportunity.

SECTION H. FAMILY MEDICAL LEAVE ACT

A. Parental Leave of Absence

1. A parental leave of absence shall be granted upon request to any employee for the purpose of giving birth to and/or rearing a newly born infant. Further, a parental leave of absence shall be granted upon request to any qualifying employee for the purpose of the adoption, the foster placement, and/or rearing of a newly adopted, or newly place foster, child seven (7) years of younger, or in the case of a child who is physically or mentally disabled, twenty-two (22) years or younger.

In order to qualify for the parental leave of absence:

a. As soon as practicable after the female employee determines that she is pregnant, she shall inform the building principal.

b. The employee must intend to return to work at the conclusion of the leave of absence.

c. The employee shall notify the Human Resource Director, in writing, at least 45 school days prior to the probable date said leave or disability is to commence or as soon as is practicable. At the time of the notification, the employee shall select, in writing, one of the following options, if applicable:

1. Extended leave without pay not to exceed one year beyond the school year in which the leave commenced. A female employee is entitled to use sick leave benefits for certified disability resulting from childbirth and recovery therefrom during the period of this leave. Up to the first twelve (12) weeks of such leave shall be considered leave pursuant to the Family Medical Leave Act (FMLA), if the employee is eligible^{^[2]} for FMLA leave.

2. Leave of twelve (12) weeks duration pursuant to the Family Medical Leave Act of 1993 (FMLA leave), if the employee is eligible for FMLA leave. A female employee is entitled to use sick leave benefits for certified disability resulting from childbirth and recovery therefrom during the period of this leave. If the employee is not eligible for FMLA leave, but does not want an extended leave of absence, she is entitled to leave the length of her disability period, or eight (8) weeks leave pursuant to G.L. c. 149, §105D.

2. An employee on an extended leave pursuant to Section c (1) may return to work at the beginning of a school year or the beginning of the second semester.

3. While an employee is on paid sick leave or FMLA leave, the Committee shall continue its contribution toward the employee's health insurance premium, provided that the employee makes timely payment of his/her contribution toward the health insurance premium. An employee on an unpaid, non-FMLA leave of absence may continue his/her insurance coverage during the leave of absence provided that he/she pays 100% of the monthly premium.

4. Notice of Return to Work

a. Extended leave: An employee on an extended leave pursuant to Section 1 (c)(1) above shall notify the Human Resource Director by March 1 (if she/he were scheduled to return at the beginning of the school year) whether or not she/he is going to return to work at the beginning of the school year. An employee on an extended leave pursuant to Section 1(c)(1) above shall notify the Human Resource Director by September 1 (if she/he were scheduled to return at the beginning of the second semester) whether or not she/he is going to return to work at the beginning of the second semester.

b. FMLA leave: An employee on FMLA leave shall notify the Human Resource Director at least four (4) weeks prior to his/her scheduled date of return from leave whether or not she/he intends to return to work.

B. FMLA leave for Serious Health Condition.

1. An eligible employee may be entitled to up to twelve (12) weeks of unpaid leave of absence per contract year due to his/her own serious health condition or the serious health condition of a member of his/her immediate family. Fact sheets from the Department of Labor which describe the terms of this leave are available from the Superintendent's office.

2. An eligible employee shall apply in writing for such leave at least four (4) weeks in advance of such leave, unless extenuating circumstances prevent such notice, in which case the employee shall provide as much notice as possible. As part of the application, the employee shall submit a Department of Labor certification of a health care provider. Copies of this form are available from the Superintendent's office.

3. While an employee is on approved FMLA leave, the Committee shall continue its contribution toward the employee's health insurance, if the employee is insured through school department provided that the employee makes timely contribution toward the health insurance premium.

4. The employee shall utilize all sick leave and vacation concurrently with the FMLA leave.

5. Prior to an employee's return from FMLA related to his/her own serious health condition, the Superintendent may require a fitness for duty certificate from the employee's health care provider.

SECTION I. Small Necessities Leave

An employee eligible for FMLA leave shall be entitled to up to twenty-four (24) hours of leave per contract year as provided by G.L. c. 149, §52D; a copy of the law may be obtained from the Superintendent's office. When an eligible employee takes such leave, such leave shall be deducted from personal leave.

SECTION J. Union Leave

Two (2) days per year for no more than two (2) APEA officers shall be granted to conduct union activities. Leave shall be neither cumulative nor transferable.

ARTICLE 10.

EVALUATION

SECTION A.

Monitoring or observation of the work performance of an employee is an on-going process. One informal evaluation shall be held at the January 31, and one formal, written evaluation shall be held June 1. The first evaluation shall be discussion, at an appointed meeting between supervisor and employee, at which job responsibilities and performance of the employee will be discussed. The second evaluation shall be a written report, and will be submitted by the employee's supervisor. This process will be open and with full knowledge of the employee. Copies of the written evaluation will be given to the employee, and the employee will have the right to discuss the report with his/her supervisor. Any evaluation must be signed by the employees evaluated. Such signature in no way indicates agreement with the contents thereof but merely that the employee has seen the report and had the opportunity to write a rebuttal.

SECTION B.

Employees will have the right, upon request, to review the contents of their personnel files except for pre-employment recommendations of a confidential nature. An employee will be entitled to have a representative of the Association accompany him/her during such review.

SECTION C.

No material derogatory to an employee's conduct, service, character or personality will be placed in his/her personnel file unless the employee has had the opportunity to review such material, sign it, and write a statement of his/her own regarding the material. The employee's statement will be reviewed by the Superintendent or his designee before attaching it to the original material to be filed.

SECTION D.

An employee may file a grievance based on a personnel evaluation which does not conform with evaluation procedures as outlined in School Committee policy, contains errors of fact, is arbitrary, or is capricious. Upon determination at any step of the grievance that such material is improperly placed in such employee's personnel records, such material shall be removed.

SECTION E.

July 1, 2004 - June 30, 2007

PREAMBLE

RECOGNITION OF BARGAINING AGENT

ABSENCES AND LEAVES