Agreement
between
Amherst, Pelham and
and
Amherst-Pelham Education Association
Unit A
Professional Staff
September
1, 2004 - August 31, 2007
TABLE OF
CONTENTS
PREAMBLE..................................................................................................... 5
ARTICLE 1 RECOGNITION
OF BARGAINING AGENT.............................................. 5
ARTICLE 2 MANAGEMENT
RIGHTS............................................................................. 6
ARTICLE 3 NEGOTIATED
POLICIES AND DISTRIBUTION...................................... 7
ARTICLE 4 CHANGING
POLICIES GOVERNING CONDITIONS OF
EMPLOYMENT DURING THE TERM OF THIS CONTRACT............... 7
ARTICLE 5 GRIEVANCE
PROCEDURE.......................................................................... 8
ARTICLE 6 NO
STRIKE PROVISION............................................................................ 10
ARTICLE 7 ADMINISTRATIVE
REGULATIONS........................................................ 10
ARTICLE 8 TEACHING
PERSONNEL........................................................................... 10
A. Recruitment and Selection
B. Placement on Schedule
C. Appointments
D. Physical Examinations
E. Professional Conduct
F. Notification of Intent
G. CORI Checks
ARTICLE 9 WORK
YEAR, WORK DAY......................................................................... 12
A. School Year
B. Working Hours
C. Part-Time Teachers
D. Lunch Period
E. Extended Services Compensation
ARTICLE 10 ASSIGNMENT
AND WORKLOAD............................................................ 13
A. General
B. General Duties
C. Other Regular Duties
D. Extra Duties
E. Class Size
F. Prep Time
ARTICLE 11 VACANCIES
AND TRANSFERS................................................................ 16
A. General
B. Vacancies/Postings
C. Applications for Transfer
ARTICLE 12 PROFESSIONAL
GROWTH AND DEVELOPMENT.............................. 17
A. General
B. Holders of Bachelor's and Master's
Degrees
C. Non-College Credits
D. Advanced Degree Holders
E. Evidence of Growth
F. Individualized Professional Growth Programs
G. Waivers
H. Nurses
ARTICLE 13 EVALUATION............................................................................................... 21
A. General Purposes
B. Just Cause
C. Evaluation Reports
D. Peer Evaluation
E. Re-Evaluations
F. Comments
G. Nurses
ARTICLE 14 SALARY
GUIDES......................................................................................... 22
A. General
B. Placement on Schedule
C. Credit for Previous Experience
D. Salary Increments
E. Retirement Increment
F. Health and Accident Insurance
G. Salary Payment Schedule
H. Driver Education Salary Rate
I. Travel Reimbursement
J. Extra Class Coverage
K. Extra Curricular Duties
Athletics
L. Teacher Salary Schedules ( including Longevity)
M. Early Retirement Schedule
N. Guidance Counselors
O. Middle and Elementary School Curriculum Leaders
P. Middle School Turning Points Coaches
ARTICLE 15 ABSENCES,
LEAVES, AND VACATIONS................................................ 36
A. Sick Leave
B. Special Leave
C. Professional Leaves
D. Personal Leave
E. Early Release
F. Delay in Reporting
G. Leave of Absence
H. Parental Leave of Absence
I. FMLA Leave for Serious Health Condition
J. Small Necessities Leave
K. Union Leave
L. Military Leave
M. Jury Duty
N. Five and Four Plan
ARTICLE 16 REDUCTION
IN STAFF............................................................................... 44
A. Release
B. Recall
C. Definitions
ARTICLE 17 HEALTH
& SAFETY..................................................................................... 47
ARTICLE 18 DEPARTMENT
HEADS............................................................................... 47
1. Qualifications
2. Appointment Procedures
3. Supervision and Evaluation
4. Teaching Load and Administrative Duties
5. Remuneration
6. Merged or Eliminated Departments
ARTICLE 19 NO
DISCRIMINATION............................................................................... 49
ARTICLE 20 AGENCY
SERVICE FEE.............................................................................. 50
ARTICLE 21 TRANSPORTATION
OF STUDENTS........................................................ 50
ARTICLE 22 STAFF
TUTORING FOR REMUNERATION........................................... 51
ARTICLE 23 WORK
RELATED INJURY......................................................................... 51
A. Physical Assaults
B. Workers Compensation
ARTICLE 24 DURATION.................................................................................................... 52
ARTICLE 25 IMPLEMENTATION AGREEMENT......................................................... 53
APPENDICES: CODE
OF ETHICS OF THE EDUCATION
PROFESSION................................................................................................ 54
CONTRACT
Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this CONTRACT IS MADE by the SCHOOL COMMITTEES OF AMHERST, PELHAM AND THE AMHERST-PELHAM REGION (hereinafter sometimes referred to as the Committee) and the AMHERST-PELHAM EDUCATION ASSOCIATION, an affiliate of the Massachusetts Teachers Association and the National Education Association.
PREAMBLE
Recognizing that our common goal is to provide an educational program of high quality and reasonable cost for the children of Amherst, Pelham, Leverett, and Shutesbury, we, the undersigned parties to this contract, declare that:
The Superintendent of Schools of the
The professional staff of the public
schools of the
Fulfillment of these responsibilities can be best achieved through consultations and frank exchanges of views and information among the Committee, the Superintendent and the professional staff as policies related to wages, hours and other conditions of employment for the professional staff are formulated and applied.
We agree to the following principles and procedures in order to implement these declarations.
ARTICLE 1
RECOGNITION OF
BARGAINING AGENT
For the purpose of collective bargaining with respect to wages, hours and other conditions of employment, the Committee recognizes in this contract that the Association is the exclusive bargaining agent of all classroom teachers, department heads, registered nurses, guidance counselors, librarians, school psychologists, speech pathologists, special education teachers, bilingual education teachers, Chapter I coordinators, pre-school coordinators, staff development coordinators, etc. (intent is to delineate all current positions in the bargaining unit) except:
A. Superintendent
B. Assistant Superintendent
C. Business Manager/Treasurer
D. Supervisor and/or administrators (such as building principals) who are directly responsible to the Superintendent or the Assistant Superintendent
E. Assistant Principals
Exclusion of the above named personnel from the bargaining unit defined in this contract does not constitute an exclusion of the possibility that the Association will act as the bargaining agent for some of these persons under the terms of a different contract which could define a different bargaining unit.
ARTICLE 2
MANAGEMENT RIGHTS
Under the laws of
The Committee agrees to take whatever action that may be necessary to give full force and effect to the provisions of the Agreement.
As to matters not covered by this Agreement, except as abridged or modified by this Agreement or any supplements hereto, the Committee retains all rights and powers that it has or may hereafter be granted by law and shall exercise the same without such exercise being made the subject of grievance and arbitration provisions of this Agreement provided that no such right shall be exercised in violation of the terms of this Agreement or of Chapter 150E of the General Laws.
ARTICLE 3
NEGOTIATED POLICIES AND DISTRIBUTION
The Superintendent shall ensure that a written copy of current wage schedules and all other current Committee policies regulating conditions of employment for professional employees that have been negotiated and are effective as of the date of this contract, as well as current administrative guidelines, regulations, and district philosophy and objectives, are available for the reference of employees in each school building. A signed copy of the negotiated wages and working conditions will be retained for reference by the Association and Committee in the office of the Superintendent. None of these policies shall be revised or abolished and no new policies will be established except as provided in ARTICLE 4 of this contract.
ARTICLE 4
CHANGING POLICIES GOVERNING
CONDITIONS OF EMPLOYMENT DURING THE
TERM OF THIS CONTRACT
No creation, abolishment or revision of policies affecting conditions of employment as in ARTICLE 3 of this contract may be implemented by the Committee during the term of this contract unless the Association agrees to such creation, abolishment or revisions. However, during the term of this contract both the Association and the Committee may propose new policies, abolishment of policies, or revision of the policies governing working conditions with the understanding that the other party is not obligated to, but may consider such proposals. If both parties agree to consider a policy change during the term of this contract, then consideration will be implemented in whatever manner seems appropriate to both parties at the time. If both parties ratify a policy change during the term of this contract, that change will be implemented on a mutually acceptable date and a signed copy of the change will be placed on file in the office of the Superintendent. If either the Association or the Committee does not ratify a proposed policy change, no change will be implemented and both parties will be obligated to continue accepting the implementation of policies as previously defined in ARTICLE 3.
Section B. Consultation on all new or
non-negotiated policies
Before the Committee adopts a change in rules, regulations, or policies which directly affects wages, hours, standards or productivity and performance, and any other terms and conditions of employment which are not covered by the terms of this Agreement, the Committee will notify the Association, in writing, through its approved minutes, that it is considering such a change. The Association will have the right to negotiate with the Committee, provided that it files such a request with the Committee, within seven (7) days, excluding weekends and legal holidays, after receipt of said notice.
Section C. Negotiation of new or
non-negotiated policies
The Association or the Committee may propose new policies affecting terms and conditions of employment for negotiation at any time. If both parties agree to negotiate the policy and it is ratified by each, it will then become part of the negotiated contract. In the event that a disagreement should arise between the Association and the Committee as to what constitutes a change necessitating negotiation under this paragraph, this condition shall be submitted for binding opinion to the State Labor Relations Board.
ARTICLE 5
GRIEVANCE PROCEDURE
1. It is conceivable that disputes may arise over the interpretation and proper implementation of policies associated with the Contract. Any such dispute will be known as a grievance and will entitle professional employees covered by this Contract or the Association to the right to utilize a formal grievance procedure. To utilize a formal grievance procedure, any professional employee or the Association is required to first petition the building principal for a redress of the grievance. Step 1 may be bypassed provided the grievant (or the Association) and the principal agree. In this case, the grievance would be filed directly with the Superintendent.
The first petition must be dated and presented to the principal within thirty (30) days of the knowledge of the action which constitutes the bases for the grievance, and must indicate the precise nature of the grievance and the remedy sought. Within ten (10) days of receiving the petition, the principal must provide the employee with an official written response to the petition.
Step
Two
If the response at Step One does not satisfy the Association and/or the grievant, a written request for a meeting may be forwarded within ten (10) days of the date of the response at Step One, or of the date said response was due, whichever is earlier, to the Superintendent or the Superintendent's designee (with full authority to act for the Superintendent). The Superintendent or his designee shall schedule a meeting within ten (10) days of receiving the request for same.
Step
Three
If the results of the meeting with the Superintendent or his designee do not satisfy the Association and/or the grievant, a written request for a meeting with the Committee may be forwarded within ten (10) days, to the Superintendent. The Superintendent shall schedule such a meeting in the executive session of the next regular monthly meeting of the Committee. The School Committee shall render a decision, in writing, within fifteen (15) days of the close of the executive session.
If the School Committee's response to the grievance is not satisfactory to the Association, or if no decision has been received by the Association within fifteen (15) days after the conclusion of the executive session, the Association may submit the grievance to final and binding arbitration by giving the School Committee written notice, within fifteen (15) days of the Association's receipt of the School Committee's written answer or within fifteen (15) days of the date such response should have been received, whichever is earlier, of the Association's desire to arbitrate the problem.
1. The parties shall attempt to agree upon an arbitrator, but if agreement is not reached within ten (10) work days after receipt of said notice, the grievance shall be submitted within ten (10) work days thereafter to the American Arbitration Association.
2. The arbitration proceeding will be conducted under the rules of the American Arbitration Association. The arbitrator shall have no 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 School Committee, the Association and the grievant. Each party shall bear the expenses of its representatives and witnesses, and the fees and expenses of the arbitrator shall be borne equally by the parties. The Association may have representatives at arbitration hearings held during the school day, with no loss of pay, provided the number of Association representatives does not exceed three (3).
3. If the School Committee claims the Association has violated any provision of the 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 School Committee may submit the problem to arbitration under the provisions of this Article.
2. Grievance Records: Once final action has been taken on a grievance, only a simple record of the decision may be entered in appropriate personnel files. Moreover, no written communication or other document relating to the grievance shall be filed in the official personnel file of any employee involved in presenting a grievance under this contract. A representative of the Association may inspect any record of a grievance decision prior to, or after its being filed in a personnel folder of an involved employee covered by this contract.
3. The formal grievance procedure described shall not be construed to prevent individual employees or groups of employees from using more informal procedures which meet the approval of the Superintendent, as long as the Association is present at such meetings and any solution reached is not in violation of the terms and conditions of this Agreement.
4. Time limits included in the Article are considered maximum unless extended by mutual agreement in writing.
5. Any grievance which is in process when this agreement reaches its expiration date (or any extension thereof) will be processed under the provisions of this Article.
ARTICLE 6
NO STRIKE PROVISION
During the term of the Agreement, the parties hereto agree that there shall be no strikes of any kind whatsoever, work stoppages, withholding of services, slowdowns, or interference or interruption of the operation of the School Department by any employee or the Association.
Nor shall there be any strike or interruption of work during the term of this Agreement because of any disputes or disagreements between any other parties who are not signatories to the 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 in Article 5 of this Agreement.
ARTICLE 7
ADMINISTRATIVE REGULATIONS
When an administrative regulation is required to implement School Committee policy that directly affects wages, hours or other terms and conditions of employment, the Superintendent will notify the Association, in writing, of the proposed regulation, inviting the recommendations of the Association on the matter, ten (10) days before the issuance of the regulation.
ARTICLE 8
TEACHING PERSONNEL: GENERAL
Section A. Recruitment and Selection
Each person shall, as a condition of qualification for employment be a graduate of an accredited college, teacher's college or university, or in the case of nurses an appropriate nursing program and shall present such evidence of course of study, credits and grades as may be requested by the Superintendent. In addition, each person who is applying for appointment shall be eligible for regular or emergency certification by the Massachusetts Department of Education. Exceptions may be made in the case of those teachers currently employed in the system.
Each candidate shall be considered by Building Administrators plus appropriate Supervisor, other administrator, Department Head and educational team representative. Their separate and/or collaborative recommendations shall be transmitted to the Superintendent who shall take actions as he or she determines is justified.
Section B. Placement on Schedule
In the initial placement of teachers on the schedule, the Superintendent of Schools shall be responsible for evaluating the training and experience of such teachers in determining the step on the salary schedule at which the teacher shall begin.
Section C. Appointments
All appointments shall be made by the Superintendent of Schools.
Section D. Physical Examination
An evaluation of health, including a medical history and physical examination shall be required of each candidate for a position on the professional staff prior to appointment. The Committee may, from time to time, require a re-examination. The teaching personnel are required to have a tuberculosis examination every three (3) years.
Section E. Professional Conduct
Each teacher shall follow the Code of Ethics as attached to this contract as Appendix A and as may be modified by the Amherst-Pelham Education Association.
The Amherst-Pelham Education Association strongly urges that any teacher who intends to leave the system notify his/her principal of such intentions by March 15th. In the event that unexpected developments make later decisions necessary, the teacher involved should discuss his/her plans with the Superintendent at the earliest possible date.
The
parties agree that, pursuant to M.G.L. c. 71 §38R, Criminal Offender Record
Information (“CORI”) checks will be conducted every three (3) years for
employees covered by this Agreement. An
individual’s record may be checked on a more frequent basis with reasonable
cause.
1. The Superintendent or a Central Office
administrator designated by him/her will be the only persons authorized to
request CORI checks.
2. A copy of an individual’s CORI report will
be available to the employee upon request.
If the CORI request shows any activity, a copy will be immediately
forwarded to the employee.
3. All CORI reports will be maintained in the
Superintendent’s office, in separate confidential files.
4. Any disciplinary action taken as a result
of CORI checks will be in accordance with the terms of this Agreement and/or
applicable state law.
ARTICLE 9
A school year is defined as that part of the year during which all teachers are to be present for duty and will mean no more than 184 working days plus two (2) new teacher days, with no more than 184 days for students. Veteran teachers will not be required to be present for duty before September 1.
Section B. Working Hours
The teacher as a member of a professional team is an appropriate judge as to when his or her professional responsibilities have been completed. A working day for teachers is defined as that part of a day during which all teachers are expected to be present for duty and will be no more than seven (7) hours, exclusive of a lunch period.
Section C. Part-Time Teachers
1. The regular working day for a half-time teacher, other than those cited in paragraph two (2) below, will be 3.5 hours exclusive of a lunch period.
2. Employment time of part-time teachers will be prorated to a thirty-five (35) hour week. Part-time teachers will ordinarily have preparation time and administrative assignments in relative proportion to that expected of a full-time teacher.
3. Part-time teachers are expected to attend all regularly scheduled department meetings, building staff meetings and parent nights. Part-time staff will be required to participate in curriculum days and teacher work days only to the proportion of the day that matches their teaching contract.
Section D. Lunch
Period
Every teacher employed in any of the schools whose duties commence prior to twelve o'clock noon shall be allowed a thirty (30) minute lunch period between the hours of ten o'clock (10:00) in the forenoon and one thirty (1:30) in the afternoon, and shall not be required to perform any duties during said lunch period.
Section E. Extended Services Compensation
Whenever possible, all meetings that require the attendance or professional services of teachers will be scheduled during the regular work day. Exceptions to this scheduling may be regularly scheduled department or elementary curriculum committee meetings, building staff meetings, and parents’ nights, in accord with current practice.
Whenever a teacher is required by the School Department to attend an in-service or training program beyond the regular working hours, except as agreed upon in a negotiated policy, such a teacher will be paid at the following hourly rates:
9/1/04 -
$13.25 9/1/05 - $13.58 9/1/06 - $14.06
Whenever the professional skills of teachers are required by the School Department for service to students with special needs under Chapter 766 of the General Laws, beyond the regular working day, such teachers will be paid at the following hourly rates:
9/1/04 -
$17.22 9/1/05 - $17.65 9/1/06 - $18.27
ASSIGNMENT AND WORK LOAD
Section A. General
Each teacher shall be assigned teaching duties by the Principal. In the case of the secondary teachers, this assignment will be made after the Principal has received a recommendation from the concerned Department Head. A teacher shall be assigned by the Principal to teach a particular subject when no department has been established.
Each secondary teacher within an established department shall be subject to the direction and supervision of the Department Head with respect to courses taught and details of course substance. In the absence of a Department Head, the teacher shall be subject to the direction and supervision of the Principal in these matters.
Whenever possible, each teacher shall be notified of his/her assigned teaching duties for the next school year prior to the end of the current school year. This will include building
assignment and, if scheduling is completed, the number of sections and specific classes to be taught. Such notification does not preclude subsequent adjustments made necessary for personnel or enrollment reasons.
A teacher may appeal his/her teaching assignment within thirty (30) days of the notification as described above. Such appeals will be directed to the building Principal. If the appeal is not resolved satisfactorily, further appeals may be made to the Superintendent. Appeals made under this section shall not be subject to grievance arbitration.
Section B. General Duties
All teachers are expected to attend all duly called meetings of the school system and the department in which they teach.
All secondary teachers are expected to cooperate actively with the Head of the Department in which they teach.
All teachers shall have the right to decline a nomination to serve as Head or Coordinator of the department in which they teach.
All elementary teachers are expected to cooperate actively in carrying out the approved recommendations of established curriculum committees.
All teachers shall cooperate with the administrative officers to whom they are responsible.
Section C. Other Regular Duties
The Principal may assign any teacher certain other regular duties in addition to meeting classes. These may include:
1. assisting in maintaining discipline
2. supervising homeroom activities
3. in an emergency, assisting temporarily with classes whose teacher is absent, but only after all efforts to secure a substitute have been exhausted and only until such substitute can be found.
(SEE ARTICLE 14, SECTION J)
These may include no more than one of the following per day:
1. supervising study periods or open lab classes
2. supervising a playground
3. supervising a cafeteria
4. supervising arrival or departure of busses
5. supervising corridors and lavatories.
They may not include, except in an emergency situation, duties for which other school employees, such as cafeteria workers, custodians, health and secretarial personnel are employed.
This section will not apply to nurses.
Section D. Extra Duties
Any teacher may be requested to accept or may request to be assigned one (1) or more of the following extra duties. No teacher shall be assigned to such extra duties against his or her will.
Duties for which extra compensation shall be received include:
1. Serving as Department Head.
2. Serving as System Subject Coordinator.
3. Serving as Head of an Elementary Curriculum Committee. Compensation to be $500 annual salary differential.
4. Extra curricular positions as outlined in Article 14, Section K.
Section E. Class Size
The goal of the Committee is to have class size which does not exceed an average of twenty-five (25) students. The Committee will assign students in an equitable manner so that there is no disparity among the sizes of the classes in a particular grade, and/or subject area.
Whenever more than twenty-five (25) students are to be assigned to a class, staff affected will be consulted before final decisions are made. Appeals on such decisions will be directed to the Superintendent.
Section F. Prep Time
Each full-time teacher shall be entitled to a duty-free preparation period scheduled during student instructional hours in addition to a duty-free lunch period on each full workday. Preparation time will be prorated for part-time teachers.
At the elementary schools, early release of pupils on Wednesday afternoons will be used for individual and team planning, as well as for individual professional development. In addition, up to two (2) afternoons per person per year may be used for directed staff development at the discretion of building and/or district administrators.
ARTICLE 11
VACANCIES AND TRANSFERS
Section A. General
Each teacher shall be assigned to a building with the approval of the Superintendent of Schools. Assignments shall be made in consideration of the current needs in each school and the apparent capabilities, major training, and interest of the teacher.
Section B. Vacancies/Postings
1. When a vacancy occurs in a position covered by this contract, the School Committee and the Superintendent shall determine the qualifications for the position.
2. All
postings of vacancies shall include the following statement: The applicant
should be aware that, if she/he is successful and is moving into another
district, this transfer will result in the loss of Professional Teachers Status
and seniority for purposes of the Reduction in Staff provision of the
collective bargaining agreement.
3. The position will be posted in all teachers' lounges and workrooms, and in the central office for at least five (5) school days during the work year and ten (10) calendar days during the summer. Posting and public advertisement may take place simultaneously.
4. Qualified
and interested currently employed teachers may apply for a transfer during the
posting period. Applicants for transfer
will always be interviewed for the position and will be notified of the principal/Superintendent's
decision as to their transfer request, and if denied, the reason for the
denial, before any outside candidates are interviewed and considered for the
position.
5. If the position remains unfilled after consideration of the transfer requests of currently employed teachers, a currently employed teacher, including a teacher who requested a transfer, may still apply for the vacancy and be considered and interviewed along with applicants from outside the school system.
6. Diversity and multi-cultural goals shall be considered when making transfers and when hiring from outside the school system.
Section C. Applications for Transfer
By June 1 of each year, teachers not filling temporary positions who wish to be considered for transfer to other positions within their district that may become available during the summer will notify the Superintendent of their interests. Transfer requests received prior to advertisement of vacancies will be considered first and responded to in writing. In all cases, no external application received prior to a public advertisement will be considered until the internal posting period is over and internal transfer requests have been considered.
ARTICLE 12
PROFESSIONAL GROWTH AND DEVELOPMENT
The purposes intended to be served by expecting regular and orderly attention to a program of growth and improvement include:
1. Bringing to each teacher insight and perspective for recognition of the purpose of education in our society.
2. Bringing to each teacher a sense of participation in a total educational project.
3. Bringing to each teacher an awareness of the gains made in the understanding and importance of subject matter.
4. Bringing to each teacher knowledge and experience in new teaching methods and use of teaching aids.
5. Keeping alive the excitement of learning.
Participation in a program of Growth and Improvement shall be expected of each teacher beginning with the second year of employment.
Section B. Holders of Bachelor's and Master's Degrees
Teachers holding a Bachelor's degree shall within each period of four (4) years complete at least six (6) credits of work. At least three (3) of these shall be earned successfully completing graduate or undergraduate courses at an accredited institution of higher learning. The additional three (3) credits can be earned through in-service courses approved by the Superintendent.
For teachers holding a Master's degree the obligation may be met through:
1. six (6) credits of in-service course, OR
2. six (6) credits of graduate or undergraduate courses, OR
3. any combination of 1 and 2 above.
A transcript of credits and grades or a certified statement from the instructor of an approved in-service course shall provide evidence of having met this requirement. Courses taken during the school year shall not interfere with teaching school or other school duties.
These courses shall be so arranged that no more than three (3) consecutive years shall elapse without participation. Credits earned during one four-year period may not be applied for fulfillment of the requirements for a different four-year period. The remainder of credits may be earned by participation in non-college areas as approved by the Superintendent.
Section C. Non-College Credits
Participation in the following areas shall constitu