Hampshire

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DistrictHampshire
Shared Contract District
Org Code6830000
Type of DistrictRegional Secondary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency UnionUnion 66 Hampshire
Regional HS MembersHampshire
Vocational HS Members
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communityresidential suburbs
Number of Schools1
Enrollment814
Percent Low Income Students11
Grade Start7
Grade End12
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AGREEMENT BETWEEN

THE HAMPSHIRE REGIONAL SCHOOL DISTRICT and

THE HAMPSHIRE REGIONAL EDUCATION ASSOCIATION

SEPTEMBER 1, 2010 – AUGUST 31, 2013

    

                                                           

 

THIS AGREEMENT IS MADE AND ENTERED INTO by and between the HAMPSHIRE REGIONAL SCHOOL DISTRICT acting through its SCHOOL COMMITTEE (hereinafter referred to as the "Committee") and the HAMPSHIRE REGIONAL EDUCATION ASSOCIATION / MASSACHUSETTS TEACHERS ASSOCIATION (hereinafter referred to as the "Association").

 

 

ARTICLE I

RECOGNITION

 

For the purpose of negotiations with respect to wages, hours, and other terms and conditions of employment and any questions arising thereunder, the Hampshire Regional School Committee recognizes that the Hampshire Regional Education Association/Massachusetts Teachers Association/National Education Association as the exclusive bargaining unit agent of all:

 

1.         Classroom Teachers

2.         Curriculum Coordinators

3.         Librarians

4.         Guidance Counselors

5.         Reading and Speech/Hearing Specialists

6.         Adjustment Counselors

7.         School Psychologists

8.         Athletic Coaches and Co‑curricular Advisors

9.         Positions listed in Specialty Areas of Appendix E

10.              Nurses

11.              Computer Center Technology Assistant

12.              Library Media Center Technology Assistant

 

and excluding all managerial, confidential and other employees of the Hampshire Regional School Committee. Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as "teachers.”

 

ARTICLE II

PREAMBLE

 

It is the intent of the Hampshire Regional Education Association and the Hampshire Regional School Committee to continue their harmonious relations and to promote mutual cooperation and understanding. Recognizing that our prime purpose is to provide the highest quality education possible for the children of Hampshire Regional High School, and that good morale among the teachers of Hampshire Regional High School is essential to the achievement of that purpose, we, the undersigned parties to this Agreement declare that:

 

A.          Under the Law of Massachusetts, the Committee, elected by the citizens of the towns which comprise Hampshire Regional School District, has responsibility for establishing the educational policies of the Hampshire Regional High School;

 

B.           The Superintendent of Schools has responsibility for carrying out the policies so established;

 

C.     The administrators will assist and counsel the School Committee, Superintendent and teachers in their responsibilities;

 

D.     The teachers of Hampshire Regional High School have responsibility for providing education of the highest possible quality;

 

E.      Fulfillment of these respective responsibilities can be facilitated and supported by consultation and free exchange of views and information among the Committee, the Superintendent and other administrators, and the teachers in the formulation and application of policies relating to wages, hours, and other terms and conditions of employment for teachers, and so,

 

F.      To give effect to these declarations, the following principles and procedures are hereby adopted.

 

1.            During negotiations, the Committee and the Association will present relevant data, exchange points of views, and make proposals, and counter‑proposals in writing.  The parties will make available such relevant records as may be requested, but both parties reserve the right to determine whether any material requested is relevant. Disputes over relevancy will be referred to the State Labor Relations Commission for determination.  Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations. No personnel records shall be released for inspection to unauthorized persons without prior approval of the personnel involved and without written approval of the Superintendent.

 

2.            Before the Committee adopts a change in policy which affects wages, hours, and other terms of this Agreement, the Committee will notify the Association in writing 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 after receipt of such notice.

 

3.            Any amendment to this Agreement reached with the Committee will be reduced to writing, will be signed by the Committee and the Association, and will become addendum to this Agreement.

 

4.            The Committee agrees not to negotiate with any teachers' organization other than that designated as the exclusive bargaining agent pursuant to the General Laws. The Committee further agrees not to negotiate with any teachers' organization other than the Association in regard to changes in wages, hours, and other terms and conditions of employment to become effective during the terms of this Agreement.

 

5.       If the negotiations described in the Article have reached an impasse, the procedure described in the General Laws relative to collective bargaining will be followed.

ARTICLE III

 SCHOOL COMMITTEE RIGHTS

 

The Committee is a public body established under and with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty conferred upon the Committee or their agents by statute or any rule or regulation of any agency of the Commonwealth. All of the rights, powers, and authority held by the Committee and their agents are retained by the Committee and their agents, except as provided for in this Agreement and any supplement thereto, and the exercise of said rights, powers and/or authority shall not be subject to the grievance procedure and/or arbitration.

The parties agree that the operation of the Hampshire Regional School District, the supervision of the employees and of their work, are the rights of the Committee and their agents. Accordingly, subject to the provisions of this Agreement, the making of reasonable rules to ensure orderly and effective work; to determine the quantity and types of equipment to be used; to introduce new methods and facilities; the making of work schedules; the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, lay‑off, recall, discipline or discharge of employees for just cause without discrimination; and the right to discuss terms and conditions of employment with the employees and to inform them concerning employment matters are exclusive rights of the Committee and their agents.

The exercise by the Committee and their agents, of any of the foregoing rights, shall not alter any of the specific provisions of this Agreement; nor shall they be used to discriminate against any member of the bargaining unit.

 

 

ARTICLE IV

PROFESSIONAL BEHAVIOR

 

The Committee and the Association recognize that abuses of sick leave or other leaves, tardiness or absence, deficiencies in professional performance, reflect adversely upon the teaching profession and create undesirable conditions in the school building. The Association shall work with the Committee in promoting attitudes and behavior most beneficial to the Hampshire Regional School District.

 

 

ARTICLE V

GRIEVANCE PROCEDURE AND ARBITRATION

The purpose of the procedure is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by this Contract. The Committee and the Association desire that such a procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedure level involved; and nothing in this Contract shall prevent any such employee from individually presenting any grievance of the employee. Grievances involving the suspension and/or discharge of a teacher will not be subject to the provisions of this article. Appeals to the suspension and/or discharge of a teacher are subject to Chapter 71, Sections 42 and 42D of the M.G.L. as amended by the Education Reform Act of 1993. The grievance form to be used shall be the one hereto attached.

LEVEL ONE:     A teacher with a grievance will first present the grievance in writing to the building principal directly or through the Association's school representative, with the objective of resolving the matter informally.

 

LEVEL TWO:      If within five (5) days next following such presentation of the grievance the grievance shall not have been disposed of to the employee's satisfaction, the employee may, within five (5) days thereafter, file with the President or his/her designee of the Association a written statement of the grievance. Within five (5) days thereafter, such statement shall be reviewed with the employee by the said President or his/her designee of the Association, and if after such review the employee shall so desire, the grievance shall forthwith be presented in writing by the employee and the said President or designee of the Association to the Superintendent.

LEVEL THREE:    If within twenty (20) days next following such presentation to the Superintendent the grievance shall not have been disposed of to the employee's satisfaction, the employee may, within five (5) days thereafter, notify said President or designee of the Association in writing of the employee's desire to have the grievance presented to the School Committee, and within five (5) days following the receipt of such notice, the President and/or designees shall meet with the employee to decide whether or not the Association will present the grievance to the School Committee. If the President or designee and the Executive Board of the Association shall so vote, the grievance shall forthwith be presented in writing by the Association to the School Committee; and within fifteen (15) days thereafter the School Committee shall meet within the President or designee, the Executive Board and the employee in an effort to settle the grievance. 

 

The grievance hearing at the School Committee level will occur within forty-five (45) days or a mutually agreed upon date.   

LEVEL FOUR:

 

A.    If within twenty (20) days next following presentation of the grievance in writing to the School Committee the grievance shall not have been disposed of to the satisfaction of the President or designee and the Executive Board of the Association, and if the grievance shall involve the interpretation or application of any provision of this Contract, the Association may, by giving written notice to the School Committee within ten (10) days next following the conclusion of such period of twenty (20) days, present the grievance for arbitration according to the following procedure:

 

1.   The parties agree for the duration of this agreement to select an

arbitrator from the following panel of arbitrators. The selection of an arbitrator will be made from the American Arbitration Association.

 

2.   The arbitration proceedings 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 School Committee, the Association and the grievant.

 

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 dispute to arbitration under the provision of this Article.

 

4.      If for any reason the permanent rotating panel listed in Section 1 is not able to satisfy, the parties' need to arbitrate the dispute, then the party submitting the issue to arbitration may submit a conventional demand for arbitration to the American Arbitration Association. Any such arbitrator selected will be under the rules of the American Arbitration Association and be bound by the provisions of the Grievance Procedure contained in this Article.

 

B.     The arbitrator so selected will confer with the representatives of the School Committee and the President and/or Teachers Association designees and hold hearings promptly and will issue a decision not later than twenty (20) days from the date of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to the arbitrator. The arbitrator's findings will be in writing and will set forth findings of fact, reasoning, and conclusions on the issue(s) submitted. The decision of the arbitrator will be submitted to the School Committee and the Association and will be final and binding.

 

C.     The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses will be borne equally by the School Committee and the Association.

 

D.  If within twenty (20) days next following the occurrence of any grievance, or the date of first knowledge, of its occurrence by any employee affected by it, the grievance shall not have been presented at Level One of the procedure set forth, the grievance shall be deemed to have been waived; and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified.

 

E.   If the employee covered by this Contract shall present any grievance without representation by the Association, the disposition, if any, of the grievance shall be consistent with the provisions of this Contract; and if the Association shall so desire it shall be permitted to be heard at each level of the procedure under which the grievance shall be considered.

 

F.   No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the Hampshire Regional School District for any employee involved in presenting such grievance.

 

G.  All the time limits herein shall consist of calendar days exclusive of legal holidays and weekends; the time limits indicated will be considered maximum unless extended by mutual agreement in writing. In the event that a grievance is filed which cannot be resolved to the satisfaction of the Association prior to the termination of this Contract using normal time limits set out herein, the Association may submit a grievance directly to arbitration in accordance with Level Four of this procedure.

 

 

ARTICLE VI

AMENDMENT

 

This Agreement may be amended at any time by mutual written agreement of the Committee and the Association.

 

 

ARTICLE VII

SALARIES

 

The salary schedules for all teachers covered by this Agreement are set forth in Appendices A – F. Unit members working less than full‑time will have their salaries pro‑rated.

 

 

ARTICLE VIII

TEACHING HOURS AND TEACHING LOAD

 

A.  Work Day   The work day for teachers will be seven (7) consecutive hours. The current work day is 7:35 A.M. to 2:35 P.M.  This will not preclude the parties changing the length of the school day if a situation arises which is beyond the control of the parties. Students seeking additional after school assistance may request an appointment with the teacher for such assistance, which will be provided within reason, as needed and as soon as possible. This provision shall not be construed so as to require day‑to‑day after school tutoring of any student or students over an extended period of time.

 

The starting and ending times as expressed above shall remain in effect until changed in accordance with terms and conditions of the following procedure:

 

1.      The parties to this Agreement agree to consider and discuss any proposed change in the starting or ending time of the work day (subject to qualifications below) that may be initiated by a teacher or group of teachers, the principal, superintendent, or school committee.

 

2.      Such a proposal must include the following aspects to be considered in recommending it:

a)      Specific details and times involved, including when the change would occur;

b)      Purpose and rationale for the change;

c)      Instructional, administrative, safety, efficiency or other types of advantages that would result from the change;

d)     Suggestions as to how the change would be implemented and how ramifications of the change would be addressed.

 

3.      Participants in the proposal review process will be equal numbers of representatives from the district’s Anchor group: no more than three representatives each from the Teachers Association, School Committee, and Administration.

 

4.      Upon majority recommendation of the Anchor group, the proposal will be presented to the entire faculty, as follows:

a)      Administrators and faculty will meet to discuss the proposed change;

b)      The faculty (everyone in the Recognition Clause except coaches or advisors who do not teach at the school) will vote, by secret ballot, to accept or reject the proposal;

c)      The change will be implemented if supported by a two-thirds majority of the faculty who vote;

d)     If not supported, the proposal may be reconsidered, revised, or dismissed by the Anchor group.

 

B.  Work Year   The work year for all returning teachers will be one hundred eighty‑three (183) days, and for teachers new to the system one hundred eighty‑four (184) days. The work year will begin no earlier than August 30 unless the parties agree otherwise, and terminate no later than June 30, excepting under extenuating circumstances. It is not the intent of the School Committee to conduct classes for more than one hundred eighty (180) days. Teachers will be required to be present the day before student classes begin and the day after classes end, one (1) additional day to be scheduled by the administration for new employed teachers. The remaining day may be planned and scheduled by each teacher and the principal, through mutual agreement and in accordance with department needs, from the day school is open and classes are not in session.

 

C.  After School Meetings   Teachers may be required to attend punctually up to twenty (20) after school meetings, and four (4) curriculum days called either by the Superintendent, Principal or Coordinators. Every reasonable effort will be made to see that curriculum days are conducted as expeditiously as possible, and such days will end no later than 3:00 P.M. under normal circumstances, unless the curriculum day is joint effort with the elementary faculty, in which case the day will end at 4:00 P.M. under normal circumstances.

 

D.  Evening Meetings   Teachers may be required to attend two (2) evening meetings each year in addition to parental conferences.

 

E.   Extra‑Curricular Activities   All teachers will be expected to participate in at least one (1) minor‑type student activity without additional compensation. Those handling major activities will be compensated in accordance with Appendix C.

 

F.   Other

1. Teachers will have a duty‑free lunch period of at least twenty‑five (25) minutes.

2. Teachers will, in addition to their lunch period, have at least one (1) preparation period each school day during which they will not be assigned any other duties unless teacher and administration agree on additional assignment.

3. Any teachers who during their preparation period are assigned the class of another teacher will be compensated at the rate of $20.00/period.

4.   Secondary school teachers will normally be assigned five (5) teaching classes, one (1) supervisory period and one (1) preparation period during a normal seven (7) period day. The supervisory period may be replaced with an additional teaching class, but the one (1) preparation period will remain.

      Teachers who are assigned the majority of their time in the English, Mathematics, Science, Social Studies, Business or Language Departments and who are assigned five (5) different preparations per quarter will have their supervisory period replaced by an additional preparation period.

5.  The School Committee and the Association recognize that class size is an important factor in good education and will whenever possible, subject to availability of funds and space and all other education considerations, ensure that class size is of the most effective nature for both teacher and pupil. Whenever circumstances tend to show that the number of pupils in a class is unmanageable, or constitutes a safety hazard or health hazard, the Association may direct a written complaint to the building principal, with a copy to the Superintendent.

6.  Curriculum Coordinators will be provided with adequate time to perform their supervisory duties within the school day and without being deprived of their guaranteed preparation time. Curriculum Coordinators will be compensated in accordance with Appendix D.

 

G.    Special Education Evaluations or Reviews   Teachers who participate in Special Education Team Evaluation meetings, initial and annual review and re-evaluations in accordance with State and Federal Special Education Laws, which take place outside of the regular work day for teachers, shall be compensated at twenty dollars ($20.00) per hour for all of the time spent during such Evaluations or Reviews. Travel Reimbursement will be at the current rate as established by the School Committee.

 

H.  Teachers who under Article VII are receiving less than a full salary will, when possible, be assigned duties on a pro‑rated basis.

 

 

ARTICLE IX

TEACHER ASSIGNMENTS

 

A.    All teachers will be notified in writing of their program for the coming school year, including the schools to which they will be assigned, the grades and/or subjects they will teach, and special or unusual classes they will have and the approximate number of students they will have as soon as practicable and under normal circumstances not later than July 1. Any changes in the original teaching assignments made after the teachers are notified must also be in writing.

 

B.     In order to assure that teachers work within their areas of competence, teachers will be hired and initially assigned in one (1) or more of the following categories:

 

1.  Area of certification

2. Major or minor field of study

3. Recent teaching experience

 

It is understood that non‑permanent assignments may be made which deviate from the above, but will be made only when unusual circumstances warrant such assignments. In all cases (except emergencies) where deviations are to be made, the teacher will receive reasonable advance notice, and be given the opportunity to discuss the assignment with the administration, with the right to object thereto for the record, but the administrative decision will be final.

 

C.     Teacher assignments will be made without regard to race, creed, color, religion, nationality, age, sex, or marital status.

 

D.    If the Regional School District shall decide to sponsor any summer school or federal programs, it will advise the Association as soon as reasonably possible, and will publicize openings for positions to be filled, so that Regional faculty members will have the opportunity to apply for said positions. Regional faculty will be given first consideration in filling such positions. The hours, wages, and other conditions of employment will be negotiated with the Association.

 

 

ARTICLE X

NON‑TEACHING DUTIES

 

The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that the teacher’s energies should be utilized to this end. Therefore, they agree:

 

A.    Teachers will not be required to perform the following duties:

1.   Administering eye and ear examinations.

2.   Teachers will not normally be required to supervise lavatories or other areas nor perform custodial duties unless unusual circumstances occur.

3.      The responsibilities for collecting monies will be limited to

      turning in envelopes to the office.

 

B.     Teachers will not be required to drive pupils to activities which take place away from the school building. However, when teachers are authorized by the Superintendent to attend activities away from the school building where the teacher's personal automobile is used they will be reimbursed at the current rate as established by the School Committee.

 

C.  During the life of the collective bargaining agreement between the parties, the School Committee made certain assignments which involved teachers performing “hall duty,” “lunch duty,” – including supervision of an outside area for students during lunch periods - and “internal suspension duty.” In consideration of concessions made and exchanged, members of the Association and all teachers agree that for the life of this contract they will individually and collectively continue to perform these assignments as they have been performed during the prior contract years; reserving to themselves, however, the right to challenge any new or different assignments which may be felt to violate the provisions of this contract.

 

 

 

ARTICLE XI

TEXTBOOKS, SUPPLIES AND EQUIPMENT

 

A.    The Committee shall provide not less than one (1) textbook for each pupil in each course requiring the use of at least one (1) such text.

 

B.     The Committee will consider the recommendations of teachers concerning the choice of textbooks.

 

C.     A work area will be provided which contains adequate equipment and supplies to aid in the preparation of instructional materials.

 

 

ARTICLE XII

VACANCIES AND PROMOTIONS

 

A.  Whenever any vacancy in a professional position occurs during the school year (September to June), it will be adequately publicized by the Superintendent by means of a notice placed on the school bulletin board as far in advance as possible. For any vacancies that occur during the months of July and August, written notice will be given to the Association official(s) designated by the Association, and the Association will provide the Superintendent's office with three (3) self-addressed stamped envelopes for each teacher who wishes to be notified of those vacancies. In both situations, the qualifications for the position, its duties, and the rate of compensation will be clearly set forth. The qualifications set forth for a particular position will not be changed arbitrarily, capriciously or without basis in fact when such vacancies occur in the future.

 

      No vacancy for Curriculum Coordinators, Guidance Counselors, Director of Guidance, Adjustment Counselors, Athletic Coaches, Co‑curricular Advisors (paid), Vice Principal, or other administrative position by whatever name known, will be filled within fourteen (14) days from the date the notice is posted or the giving of notice to the Association. For the purposes of this section a school year shall be defined as beginning on September 1st and ending on August 31st.

 

B.  All teachers will be given adequate opportunity to make application for such position and the Committee agrees to give due weight to the professional background and attainments of all applicants. However, the final decision to appoint rests will the principal subject to the approval of the Superintendent.

 

 

 

 

 

 

 

 

 

ARTICLE XIII

REDUCTION IN STAFF

 

A. In the event it becomes necessary to reduce the number of faculty members with professional teaching status presently in the employ of this District, the Committee agrees that they and their agents will adhere to such procedures as may be required by law. In so doing, every reasonable effort will be made to terminate service of employees by taking into account the following criteria:

 

  1. Professional or non‑professional status
  2. Subject area
  3. Quality of teaching performance
  4. Seniority

 

B.  Whenever it appears such reductions will be necessary, the Committee, through its agent, agrees to give the reasonably earliest possible notice to the teacher(s) who will be terminated. Any teacher who is terminated under this Article may leave a written notice that he or she desires to return to Hampshire Regional for employment in the event future vacancies in the teacher’s subject area or grade level develop, and such notice will contain the address where such teacher may be contacted. The Committee, through its agent, agrees to contact such persons for possible re‑employment if vacancies develop. Failure of the teacher to respond to the notification as to his or her intentions within twenty‑one (21) days from the date of its mailing will raise a conclusive presumption that the teacher no longer desires to return to Hampshire Regional District. If no such vacancy arises within twelve (12) months of the date of the teacher's termination, then no further right to recall will exist.

 

C.  Seniority shall be determined according to the following criteria:

1.      The initial employment date for teachers whose paid employment began not less than one (1) nor more than three (3) days prior to the first day of classes shall be recorded as September 1st of that year.

2.      The initial employment date for teachers whose employment began at any other time shall be the date upon which paid employment actually began.

3.      In cases where two (2) or more individuals are equally senior, the order of seniority for such individuals shall be determined by first using the dates upon which the School Committee received notice of their respective employment. If the notice involves more than one (1) teacher, preference will be given to the teacher who has achieved the highest level of training within the specific subject area being filled.

4.      Seniority is defined as a teacher's length of service from the most recent date of employment by the Committee. Employment will be defined as the first day for which compensation was received. Part‑time teachers will have their seniority prorated on the time actually worked.

5.      Teachers shall be credited for seniority purposes with all time spent on any leave of absence provided for in this Agreement and while eligible for recall under Section B of this Article.

 

 

D.  A list specifying the seniority and the area(s) of certification of each member of the bargaining unit shall be prepared by the Committee's agent and forwarded to the Association President within thirty (30) days following execution of this Agreement. An updated seniority list shall be supplied by the Committee by October 15 of each year thereafter.

 

1.      If the teacher or Association does not file a grievance within thirty (30) days after an up‑dated seniority list is verified by the Association President, all grievances regarding the seniority of said list shall be waived. The Association President will have twenty‑five (25) days to verify such seniority.

 

2.      Notwithstanding the above, errors in the list which are the result of omissions, miscalculations or typing may be corrected during the month of March of each year provided the party initiating the correction notifies the other party in writing. Said correction(s) will be effective, prospective in nature, from the date the correction(s) are verified by both parties.

 

 

ARTICLE XIV

TEACHER EVALUATION

A.    All monitoring and observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher. Teachers will be given a copy of any observation or evaluation report by their superiors and will have the right to discuss and sign each report with their superiors. Such signature in no way indicates agreement with the context thereof.

 

B.     Teachers will not be formally evaluated by students.

 

C.     In accordance with General Laws, Chapter 71, Section 42C, teachers will have the right, upon written request and by appointment, during business hours to inspect the contents of their personnel file, and to make such copies of their records as concern their work or themselves. Files may not be removed from the administration offices. The first copy of any portion of a teacher's personnel file will be provided free; for each subsequent copy of the same material a charge of fifteen cents ($0.15) per page or portion thereof will be charged. A teacher will be entitled to have an Association representative present during such inspection.

 

D.    No material derogatory to a teacher's conduct, service, character, or personality will be placed in that teacher’s personnel file unless the teacher has had opportunity to review such material by affixing his or her signature to the copy to be filed with the express understanding that such signatures in no way indicate agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material, which shall be reviewed by the Superintendent and attached to the file copy.

 

E.     Any complaints, which in the opinion of the principal affect the teacher's professional integrity, made to any member of the administration by any parent, student, or other person will be promptly called to the attention of the teacher.

 

F.      The Association recognizes the authority and responsibility of the administration for disciplining or reprimanding a teacher for delinquency of professional performance.

 

G.    No teacher will be dismissed, disciplined, reprimanded, reduced in rank or compensation without just cause. A non-PTS teacher cannot use the just cause protection of this Section G to grieve the decision not to reappoint. However, the teacher may file a grievance if the evaluation procedures in Article XIV Teacher Evaluation and related forms are not followed prior to the decision to not reappoint.

 

H.    The parties agree that objective evaluation procedures for Curriculum Coordinators, Coaches, and Extra‑Curricular Advisors are desirable. While it is understood that the Administration and the School Committee have the final authority to determine the methods and format of evaluation, the Association will be permitted to offer suggestions or comments to assist in a professional manner towards the intention of having an objective and functional evaluation procedure.

 

I.       Coaches, Curriculum Coordinators, and Extra‑Curricular Advisors will be notified in writing if not re-appointed as soon as practicable and under normal circumstances not later than June 1.

 

J.       Teachers without professional status will be observed up to ten (10) times per academic year and teachers with professional status will be observed up to three (3) times under normal circumstances.

 

 

ARTICLE XV

TEACHER FACILITIES

 

A.    There will be space (i.e., file cabinet; desk with lock and key) in which teachers may safely store instructional material and supplies.

 

B.     A serviceable desk and chair will be available for each teacher in each appropriate classroom.

 

C.     To the extent practicable within existing facilities, the school will have the following facilities:

1.      An appropriately furnished and ventilated room for the exclusive use of the professional staff, as a faculty lounge, and

2.      An adequate parking area reserved for teacher parking.

 

 

ARTICLE XVI

USE OF SCHOOL FACILITIES

 

A.    The Association will have the right to use the school building without cost at reasonable times for meetings. The principal of the building in question will be notified in advance of the time and place of all such meetings. Requests for use of the building will normally be made twenty‑four (24) hours prior to the desired meeting date. Suitable space will be allocated for such meetings. If custodians are not on duty at the time requested, the meeting request may be denied.

A.

B.     The Association will have the right to use the athletic facilities and equipment at the high school without cost one (1) evening each week, if available. The schedule and other related matters will be arranged in advance with the Superintendent and Principal. All facilities and locker rooms will be left in such condition necessary for school operation. The Association will notify the custodian when they leave the building.

 

C.     There will be one (1) bulletin board in each school building which will be placed in the faculty lounge for the purpose of displaying notices, circulars, and other Association material. Copies of all such materials will be given to the building principal, but the principal’s advance approval will not be required.

 

D. Teachers will have ready access to existing work areas and equipment, which will be kept functional.

 

 

ARTICLE XVII

SICK LEAVE

 

A.    Sick leave days are essentially a form of insurance protection for the employees and are a potential right to compensation that does not vest in an employee until he or she has a sickness or injury, preventing the employee from reporting for and performing his or her duties. Abuse of the provisions of this Article will subject an employee to disciplinary action.

 

      Teachers will be entitled to fifteen (15) days of sick leave with full pay each school year as of the first official day of said school year whether or not they report for duty on that day. Sick leave days may be accumulated to a maximum of two hundred ten (210) days. Up to five (5) of these days may be used in the event of an illness of an immediate family member who is unable to care for him/herself.

 

      Any teacher who has accumulated two hundred ten (210) sick days shall receive, at the end of the school year, monetary compensation at the current substitute rate for certified teachers for each of the fifteen (15) days mentioned in the preceding paragraph that does not apply to the maximum.

 

B.     Teachers who taught in one (1) or more of the towns or School Union #66 during the 1970‑1971 school year shall have credit for up to fifteen (15) days for each year of consecutive service except that days of personal leave and sick leave taken during any such year shall be deducted. The maximum credit shall be one hundred fifty (150) days.

 

C.     Each teacher shall receive notice of his or her annual accumulated sick leave upon request.

 

D.    Teachers may be required to provide physician's certificates prior to returning to school in cases where the administration has reasonable cause for requiring same, such as when communicable diseases or personal long‑term health considerations are in question. When requested, the Committee agrees to pay one-half the reasonable physician charges for such certificate. Such certificates will not normally be required unless the absence has been in excess of four (4) school days.

 

E.     Upon death or retirement under normal service conditions, a teacher will be allowed to surrender one (1) day's unused sick leave for each year of prior service to the District at base pay, exclusive of extra stipends. Only teachers with ten (10) or more years of service to this District (including prior service in schools which this District may have supplanted) will be eligible for this provision.

 

F.   Sick Leave Bank

 

1.      The Committee shall establish and maintain a Sick Leave Bank so as to enable the members of the unit covered by the current contract between the Committee and the Association, to voluntarily contribute a portion of their sick leave accumulation for use by a participating member whose sick leave accumulation is exhausted through prolonged illness.

 

2.      Teachers who wish to participate may enroll in the program by donating two (2) days of their accumulated sick leave into the Bank prior to November 1 of any school year and/or during subsequent ten (10) day enrollment periods as may be established by the Sick Bank Committee. Newly employed teachers may enroll during the first ten (10) days after initial employment begins if such employment does not begin at the beginning of a school year.

 

3.      When the number of sick days in the Bank is reduced to fifteen (15), the Sick Bank Committee shall require a new enrollment period which shall last for ten (10) days.

3.

4.      Days placed in the Bank and unused during one (1) school year, shall be carried over to the succeeding school year.

 

5.   The Sick Leave Bank Committee shall be composed of:

a.       One (1) Hampshire Regional School Committee member

b.      One (1) Hampshire Regional Education Association member

c.       The President of the Hampshire Regional Education Association

d.      The Superintendent of Schools.

 

6.   Eligibility for benefits:

a.       Exhaustion of all accumulated sick leave.

b.      Incapacitation for not less than fifteen (15) consecutive school days. If participant's sick leave days are exhausted during the fifteen (15) day waiting period, sick bank days shall apply retroactively to the day that the teacher's own sick leave is exhausted.

c.       Should an individual have used his or her maximum Sick Bank allowance, returned to duty, re-enrolled as a Sick Bank participant and find it necessary to apply for Sick Bank benefits, that teacher will be eligible for only those benefits as provided for a newly elected teacher to the Hampshire Regional School District. Thereafter that teacher’s years of service for Bank benefit purposes shall advance one (1) year at a time from that point regardless of his or her total number of years of service.

 

7.   Benefits

a.       Benefits are limited to participating members who have fulfilled the requirements for eligibility and whose applications have been approved by a majority of the Sick Bank Committee.

b.      Benefits are not available to individuals on leaves of absence for which compensation is not being made by the District.

c.       In no case shall the Sick Bank Committee award more than thirty (30) days from the Bank without a review at the conclusion of each thirty (30) days of benefits for any one (1) individual at any one (1) time.

d.      The following table will be used as a guideline for the Sick Leave Bank Committee. All requests will be weighed on an individual basis by said Committee

 

 

Years1

1st

2nd

3d

4th

5th

6th

7th

8th

9th

10th

Thereafter

 

Days2

15

20

25

30

35

40

45

50

55

60

65

 

Years of service in the Hampshire Regional School District (Including prior service in Union #66)   

Allowable days from the Bank

 

8.      The Sick Bank Committee shall establish rules and procedures for the actual operation of the Bank. Such rules and procedures shall be consistent with the intent of this Section (Section G) but will not become effective until approved by the School Committee and the Association. Decisions of the Sick Bank Committee shall not be subject to the grievance procedure.

 

 

ARTICLE XVIII

LEAVES OF ABSENCE WITH PAY

A.  Each teacher will be entitled to the following temporary leaves of absence with pay each school year.

1.      One (1) day a school year will be available for the purpose of visiting other schools, attending meetings, teacher workshops, or conferences of an educational nature, providing that evidence is represented prior to the meeting that this experience will directly benefit the Hampshire Regional School District. Prior approval of the principal is needed, and a written report of the meeting on an approved form must be passed in within seven (7) days after the meeting. The Superintendent may authorize additional days under this section for the purpose where the circumstances in his or her professional judgment warrant such consideration.

2.      Time necessary for appearance in any legal proceeding connected with the teacher's employment or with the school system.

3.      Up to four (4) calendar days, at any one (1) time, in the event of the death of a teacher's spouse, child, parent, sibling, father‑in‑law, mother‑in-law, son or daughter‑in‑law, or serious illness in the immediate family. Teachers will be granted on (1) day, at any one (1) time, in the event of the death of the teacher's grandmother or grandfather. In addition, up to three (3) days, up to and including the day of the funeral, will be allowed in the event of the death of the teacher's grandparents or grandchild or the death of the teacher's spouse's grandparents if the deceased was living in the same household at the time of death or final hospitalization. Teachers will be granted one (1) day, at any one (1) time, in the event of the death of the teacher's spouse's grandparents if not living in the same household at the time of death or final hospitalization. The Superintendent will have the discretion to grant additional time with or without pay under extenuating circumstances.

4.      Time necessary to attend a teacher's Selective Service Examination, physical examination, or any other tests required of the teacher by the United States Government.

 

B. A maximum of fifteen (15) days per school year for persons called into temporary active duty with any unit of the United States Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session. Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal Government.

 

C. Teachers will be granted three (3) days of personal leave annually, which shall not accumulate from year to year nor be deducted from sick leave, upon the following terms and conditions.

1.      The personal day must be for conducting business which cannot be taken care of after school hours, such as closing sale of a home, household business requiring the teacher's presence, and may not be used to extend holidays or vacations without the Superintendent's approval.

2.      The teacher must give the Superintendent five (5) school days written notice in advance of the desired days, except in cases of emergency, stating the reason.

3.      The Superintendent's approval will be discretionary, but will not be withheld arbitrarily, capriciously or without basis in fact.

4.      Unused personal days will be converted to sick days at the end of each year. These personal days are not applicable to Article XVII, Section E.

      5.   Religious days will become a reason for using a paid personal day or days. 

      6.   One additional paid day may be used for religious reasons.  This day will be deducted from a teacher’s accumulated sick leave. 

 

D.  The Superintendent or his/her designee may authorize additional compensated absences in cases of emergency or extenuating circumstances.

 

E.  Teachers will be granted leave necessary for jury duty as mandated under Federal Law or the General Laws of Massachusetts. Teachers serving on jury duty shall receive no loss of pay for any such time served provided all payments exclusive of reimbursements made to the teacher juror by the Federal Government, Commonwealth or subdivision thereof, shall be turned over to the Hampshire Regional Committee Business Office.

 

 

 

 

 

 

ARTICLE XIX

SABBATICAL LEAVES

Sabbatical leaves may be granted for the purposes of study, study related travel, under the following conditions:

 

A. Not more than one faculty member may be on such leave at any one time.

 

B.  Any teacher who has served for at least five (5) consecutive years of service to this District will be eligible for such leave.

 

C.  Under normal circumstances, a teacher's application for such leave must be submitted in writing to the Superintendent of Schools by October 15. The application must state the purpose for which such leave is intended and outline the program involved. The teacher may be requested to supply additional information. The Superintendent shall respond, in writing, no later than January 31 next ensuing.

 

D. Such leave, if granted, may be for one‑half or whole school year, and the teacher will be required to agree in writing to return to the District for a period of service equal to twice the length of the leave.

 

E. If a teacher is granted sabbatical leave and for some unforeseeable reason is unable to go on sabbatical leave, nothing in this Article would preclude the School Committee from reconsidering any other candidates that would have applied earlier for sabbatical leave in accordance with this Article, provided that the teacher originally granted sabbatical leave notifies the School Committee as soon as possible of his or her inability to go on sabbatical leave.

 

F. While on such leave, the teacher will be paid at fifty percent (50%) of his or her base salary, exclusive of any extra compensation for coaching, clubs, etc., provided, however, that if he or she is receiving any program grant or matching funds from any outside source, the District will pay the teacher only sums of money which, when added to outside funds, will not exceed his or her annual salary rate at Hampshire Regional.

 

G. The teacher may be required to submit progress reports, and to appear before the Committee upon return from such leave to discuss his or her accomplishments.

 

H. Upon return from leave, the teacher will be placed upon the salary schedule step he or she would have achieved had such leave not been taken.

 

I. School Committee approval of sabbatical leave will be discretionary, and denial of such leave will not constitute cause for grievance or other complaint proceeding unless the denial is arbitrary, capricious, or without basis in fact.

 

 

 

 

ARTICLE XX

LEAVES OF ABSENCE WITHOUT PAY

 

A.    After gaining professional status in the School System, a leave of absence of up to two (2) years may be granted to any teacher who joins the Peace Corps, Vista, Massachusetts Teachers Corps, or serves as an exchange Teacher, and is a full‑time participant in one (1) such program. Upon return from such leave, the teacher will be considered as if he or she were actively employed by the Committee during the leave and will be placed on the salary schedule at the level the teacher would have achieved had he or she not been absent.

 

B.     Military leave will be granted to any active teacher in the Hampshire Regional School District who is inducted or enlists in any branch of the armed forces of the United States. Upon return from such a leave, the teacher will be placed on the salary schedule at the level which would have been achieved had he or she remained actively employed in the system during the period of absence, up to a maximum of four (4) years.

 

C.     Maternity and Parenting leave of up to one (1) year will be granted upon request. A teacher will notify the Superintendent thirty (30) days in advance of taking such leave. 

1.      The parties agree that they will abide by all applicable state and federal laws regarding maternity and parenting leave.

2.      Appropriate medical documentation may be required of an employee while on paid maternity leave.

3.      Appropriate medical evidence of fitness will be required prior to returning from a maternity and/or parenting leave.

 

D.  A leave of absence of up to one (1) year may be granted for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Committee. The time spent on such leave need not be considered as service for the purpose of gaining of professional status.

 

E. The Committee may grant to any teacher who has achieved professional status in the school system a leave of absence to campaign for, or serve in, a public office for one (1) term of office.

 

F.      A teacher may be granted a leave of absence for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence. The time spent on such leave need not be considered as service for the purpose of acquiring tenure.

 

G.    The Committee may grant to any teacher who has achieved professional status in the school system a leave of absence of up to two (2) years for cultural travel or work program related to his or her professional responsibilities.

 

H.    Other leaves of absence without pay may be granted by the Committee.

 

I.       All benefits to which a teacher was entitled at the time a leave of absence commences will be restored to the teacher upon his or her return, and the teacher will be assigned to the same or comparable position held at the time said leave commenced with the exception of A and B, provided employees with the same or greater seniority are not on lay‑off status.

 

J.       All requests for leaves, extensions, or renewals of leaves will be made and responded to in writing.

 

K.    Adoption leave will be granted to female teachers pursuant to M.G.L.A. Chapter 149, Section 105‑D.

 

L.     Paternity leave will be granted following the same format as adoption leave.

 

M.   Leaves granted pursuant to this Article XX require an employee to notify the Superintendent of returning to active status the following year. Failure to so notify the Superintendent by March 1 will be considered a resignation of employment.

 

 

ARTICLE XXI

PROFESSIONAL DEVELOPMENT

 

A.    The Committee will pay fifty percent (50%) reimbursement for in‑service course tuition and required fees for courses at accredited colleges, universities, or professional training schools upon satisfactory completion of such courses with prior approval of school administration, according to the following conditions:

 

1.      The reimbursement is available for teachers with professional status only.

2.      A teacher will provide notice of intention to take a college course or courses prior to the start of the budget process (e.g., January 15).

      3.   Teachers will send proper documentation to the Superintendent immediately upon receipt from the college or university showing completion of course.  All payments will be made in the same fiscal year.

 

B.     The Committee will pay the expenses (including fees, meals, lodging, and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request and with the advance approval of their Principal and Superintendent. Workshops, seminars, conferences and other professional improvement sessions will be paid throughout the year.

 

C.  The Committee will annually provide appropriate professional development programs as required in Chapter 71 Section 38Q.

 

D.  Tuition reimbursement for professional development under this Article will be paid at the end of the fiscal year. A cap will be placed on tuition reimbursement and professional improvement of $20,000 for 2010/2011, $21,000 for 2011/2012 and $22,000 for 2012/2013. 

The tuition reimbursement money will be divided by prorating the available money among the teachers whose courses were approved according to this Section A.

 

 

ARTICLE XXII

INSURANCE AND ANNUITY PLAN

 

A.  The Committee will pay the following listed percentages or dollar amounts of the premium cost for the following types of insurance for each teacher:

1.      For the life of this Agreement, seventy percent (70%) of such cost for term life insurance, seventy percent (70%) of either individual or family health and accident insurance of the type presently available for teachers.

2.      Teachers in a Health Maintenance Organization (HMO) contribute twenty percent (20%) for the 2009-2010 school year. Teachers will be required to contribute twenty-five percent (25%) of the premium cost effective September 1, 2011. 

3.      Teachers in a Preferred Provider Organization (PPO) contribute twenty percent (20%) for the 2009-2010 school year. Teachers will be required to contribute twenty-five (25%) of the premium cost effective September 1, 2011.

 

B. Teachers will be eligible to participate in a "tax‑sheltered" Annuity Plan established pursuant to United States Public Law No. 87‑370.

 

C. The Committee shall provide indemnification whenever any teacher shall become eligible, therefore, under Chapter 40, Section 100C of the General Laws of the Commonwealth as most currently amended.

 

D. If criminal or civil proceedings are brought against any teacher as a result of any action or inaction on the part of the teacher during his or her employment, and upon the teacher’s request, the School Committee may furnish and select legal counsel to defend the teacher in such proceedings.

 

 

ARTICLE XXIII

PERSONAL INJURY BENEFITS

 

A.    Whenever teachers are absent from school as a result of personal injury caused by an accident or assault occurring in the course of their employment, they will be paid their full salary (less the amount of any workman's compensation award made for temporary disability due to said injury) for the period of such absence up to two (2) calendar years, and such absence will be charged to their annual or accumulated sick leave in accordance with the provisions of Chapter 152, Section 69 of the M.G.L.A. Cases of absence which extend beyond two (2) calendar years may be considered by the School Committee, but the granting or denial of said extended leave beyond two (2) calendar years will not be subject to arbitration.

 

B.     Teachers will be reimbursed the reasonable value of items of clothing damaged in the course of an assault suffered in the course of employment. Whenever a teacher's clothing is damaged or destroyed due to unavoidable catastrophe while at work, such as fire in the building, flood, storm damage, or the like, reimbursement for the reasonable value of such items will be made.

 

C. Teachers will be reimbursed for the cost of medical, dental, surgical, or hospital services (less the amount of any insurance reimbursement) incurred as the result of any injury sustained in the course of their employment.

 

 

ARTICLE XXIV

TEACHER PROTECTION

 

A.    Teachers shall be required to report any case of assault on teachers in connection with their employment to the Principal. The Principal shall acknowledge receipt of such report, and will report this information to the Superintendent of Schools.

 

B.     The alleged assault will be promptly investigated by the Principal and the Superintendent of Schools who shall determine, subject to the requirements of paragraphs C and D below, what action shall be taken. A report of this investigation shall be forwarded to the School Committee.

 

C.  If the assault is by an adult who is not a pupil the Superintendent will promptly report the incident to the proper law enforcement authorities.

 

D.  In either case (pupil or non‑pupil adult), the Superintendent will render all reasonable assistance to the teacher in connection with handling of the incident by law enforcement, legal or medical authorities. Such assistance shall include but not be limited to complying with any request by the teacher for information in its possession relating to the incident or the person involved.

 

 

ARTICLE XXV

PAYROLL DEDUCTIONS

 

A.  The Committee agrees to deduct from teachers' salaries money for Local, State and/or National dues and NEA and/or MTA services and programs as said teachers individually and voluntarily authorize the Committee to deduct and to transmit the monies promptly to the Association.

 

B.  It is specifically understood and agreed that the Hampshire Regional School Committee, its Officers and Agents, shall be saved harmless for such deductions under Section A above. For the purpose of this Article, the term "harmless" is defined as: "any monies, once transmitted by the Hampshire Regional School Committee and its Officers and Agents to the Hampshire Regional Teachers Association MTA/NEA; the Hampshire Regional School Committee and its Officers and Agents are no longer responsible for same."

 

 

 

 

 

 

ARTICLE XXVI

GENERAL

 

A.    If any provision of this Agreement or an application of the Agreement to any employee or group of employees shall be found contrary to the law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

 

B. This Agreement constitutes Committee policy for the term of said Agreement, and the Committee will carry out the commitments contained herein and give them full force and effect as Committee policy. The Committee will amend its Administrative Regulations and/or policy statements and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement.

 

C.     If negotiation, grievance, or fact‑finding meetings between the Committee and the Association are scheduled during a school day, the representatives of the Association will be relieved from all regular duties without loss of pay as necessary in order to permit their participation in such meetings, provided the said meetings are mutually agreed upon by both parties. When it is necessary, pursuant to the grievance procedure, for a representative designated by the Association to investigate a grievance or attend a grievance meeting or hearing during a school day, that representative will, upon notice to the Principal or immediate supervisor, be released without loss of pay as necessary in order to permit participation in the foregoing activities. Any teacher whose appearance in such investigations, meetings, or hearings as a witness is necessary will be accorded the same right.

 

D.    The Committee will make directly available to the Association two (2) copies of minutes of official Committee meetings and all other public documents that are distributed to Committee members at official meetings, except for those items which pertain to matters taken up under executive session, as soon as possible after such meetings. Two (2) copies of the official agenda of the meetings, and any attached public documents, will be made directly available to the Association as soon as possible.

 

E.     The pay day for teachers will be every other Thursday in twenty‑six (26) equal installments beginning in September, two (2) weeks after the last pay day in the preceding August.

1.      If a given Thursday is a non‑school day and the Treasurer's Office is open for business, the checks may be picked up at such office until 4:00 p.m., after which time any undelivered checks will be mailed out. If a given Thursday is a non-school, non‑business day, payday shall be on Friday. If such a Friday is a non‑school day but is a business day, checks may be picked up at the Treasurer's Office until 4:00 p.m., after which time all undelivered checks will be mailed out.

2.      Teachers desiring the salary they would normally receive for the summer months to be paid in a lump sum must give written notification to the Superintendent's Office not later than May 15th.

3.      The lump sum payment (excepting pay due for the last pay period of the school year) shall be made by June 30 and the pay for the final pay period will be forwarded to teachers within fourteen (14) days after the close of the teacher work year or after the day on which all year‑end closing details and requirements have been completed by teachers seeking lump‑sum payment, whichever is later.

4.      Teachers may authorize the District Treasurer to forward normal summer payment checks to an alternative address, provided that no more than one (1) such alternative address per teacher is filed no later than June 1st with the Superintendent's Office.

5.      It is agreed by the Association and the School Committee that the initial payment to teachers in a given school year may have to be delayed by one (1) week every 6th year or periodically as required to comply with state statute.

6.      Teachers may elect to receive their salary in twenty‑one (21) equal installments beginning in September provided that notification is given in writing to the Office of the Superintendent prior to the preceding August 1st. In the event that the work year for teachers has not ended by the date of the 21st scheduled pay date, the 21st pay check shall not be delivered until that work year has ended.

7.      Insurance payments for summer months shall be deducted in April and May.

 

F. A teacher will be free to participate or not to participate in Association activities free of reprisal except where such activity interferes with the teacher's employment or policy obligation to the Hampshire Regional School System or where such activity violates any municipal, state or federal law.

 

G. A teacher will be entitled to pursue independent religious or political viewpoints without fear of reprisal except where such pursuits interfere with the teacher's assigned classroom duties or are not consistent with the teacher's assigned daily duties.

 

H. Copies of this Agreement will be prepared in such format as the Committee and the Association deem appropriate and a copy given to each teacher in the employ of the Hampshire Regional School District. The cost will be borne equally by the Association and the Committee.

 

 

ARTICLE XXVII

TOTALITY OF AGREEMENT

 

The parties acknowledge that during the negotiations that resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals on any subject or matter not removed by law from the area of collective bargaining; that any such matters not covered herein have been voluntarily withdrawn as part of the consideration for making this Agreement. Therefore, both parties unqualifiedly waive the right, and each agrees with the other that neither shall be obligated to bargain collectively with respect to any subject not covered by this Agreement, except as may be otherwise provided for in any “reopening” clause contained herein, even though said subjects may not have been within the knowledge of one or both of the parties at the time this Agreement was negotiated and signed.

 

 

 

 

 

ARTICLE XXVIII

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, withholding of services, slowdowns, or interference or interruption of the operation of the School Department by any employees or the Association.

 

Nor shall there by any strike or interruption of work, during the term of this Agreement, because of any disputes or disagreements between any other persons (or other employers or associations) 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 in Article V of this Agreement.

 

 

ARTICLE XXIX

EARLY RETIREMENT INCENTIVE

 

Teachers who have twenty (20) or more full years of service as employees of the Committee, and who, at the time of application are fifty‑five (55) but not more than sixty (60) years of age, may apply in writing to the Superintendent of Schools for voluntary early retirement incentive bonus.

 

Such application must be submitted on or before December 1 if the voluntary early retirement bonus is to be received during the following fiscal year. Failure to meet the December 1 date may defer the payment of the bonus until a succeeding fiscal year. The application shall include a statement from the teacher that he or she intends to retire from the service of the Hampshire Regional School District effective June 30 following the date of such application.

 

The voluntary early retirement compensation shall be paid to the retiring teacher not later than the July 31st immediately following the date of application.

 

The $10,000 bonus will not be considered regular earnings under Chapter 32 of the M.G.L. and will be paid only upon actual retirement under the Massachusetts Teachers Retirement System. A resignation and a lump‑sum withdrawal of funds from the Retirement System will not serve as meeting the retirement condition of this provision.

 

 

ARTICLE XXX

RETIREE MEDICAL INSURANCE

 

The Hampshire Regional School Committee will pay 51% of the cost of the premiums of retired teachers who are participating in the District's medical insurance plan and who have actually retired under the Massachusetts Teachers Retirement System.

 

Prior to the preparation of each annual budget, the Superintendent will notify the Association President of the anticipated number and names of teacher retirees who will be participating in the District's Medical Insurance Plan and the dollar amount included in the budget for said purpose.

 

 

ARTICLE XXXI

DURATION

 

This Contract will be effective as of September 1, 2010 and will continue and remain in full force and effect until August 31, 2013. The parties agree that no later than October 1, 2012, they will enter into negotiations for a successor Contract. If negotiations for a successor Contract are not completed by August 31, 2013 then the provisions of this Contract will remain in full force and effect until said successor Contract is executed.

 

 

IN WITNESS WHEREOF, the parties hereunto set their hands:

 

HAMPSHIRE REGIONAL SCHOOL COMMITTEE   HAMPSHIRE REGIONAL EDUCATION ASSOCIATION

 

 

Chair ______________________________       President _____________________________

 

Date    ______________________________     Date            ______________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


APPENDIX A

HAMPSHIRE REGIONAL TEACHER SALARY SCHEDULE

Year 1

 

 

 

 

 

 

 

 

1.0

 

 

 

2010-2011

 

 

 

 

 

 

 

 

 

 

 

 

 

B

B15

MA

M15

M30

CAGS

PHD

 

B

38,307

39,535

42,494

43,736

44,969

46,491

48,533

 

1

39,779

41,089

43,996

45,243

46,491

48,027

50,051

 

2

41,246

42,494

45,732

47,012

48,292

49,812

51,871

 

3

42,995

44,245

47,508

48,791

50,051

51,610

53,687

 

4

44,743

45,989

49,290

50,645

51,871

53,428

55,537

 

5

46,491

47,750

51,350

52,631

53,947

55,519

57,631

 

6

50,855

51,308

53, 428

54,727

56,036

57,631

59,763

 

7

 

54,721

55,519

56,833

58,147

59,763

61,905

 

8

 

 

60,739

62,148

63,531

65,250

67,525

 

 

 

 

 

 

 

 

 

 

Year 2

 

 

 

 

 

 

 

 

1.0 plus 1.5 insurance adjustment

 

2011-2012

 

 

 

 

 

B

B15

MA

M15

M30

CAGS

PHD

 

B

39,265

40,524

43,556

44,829

46,093

47,654

49,746

 

1

40,773

42,116

45,095

46,374

47,634

49,227

51,302

 

2

42,278

43,556

46,375

48,188

49,499

51,057

53,167

 

3

44,070

45,351

48,696

50,011

51,302

52,900

55,029

 

4

45,862

47,139

50,522

51,912

53,167

54,764

56,925

 

5

47,654

48,944

52,634

53,947

55,296

56,907

59,071

 

6

52,126

52,591

54.764

56,095

57,437

59,071

61,257

 

7

 

56,089

56, 907

58,254

59,600

61,257

63,453

 

8

 

 

62,258

63,702

65,119

66,881

69,213

 

 

 

 

 

 

 

 

 

 

Year 3

 

 

 

 

 

 

 

 

   1.25

 

2012-2013

 

 

 

 

 

B

B15

MA

M15

M30

CAGS

PHD

 

B

39,756

41,030

44,101

45,390

46,670

48,249

50,368

 

1

41,283

42,642

45,659

46,954

48,249

49,843

51,943

 

2

42, 806

44,101

47,461

48,790

50,118

51,696

53,832

 

3

44,620

45,918

49,305

50,636

51,943

53,561

55,717

 

4

46,435

47,728

51,154

52,560

53,832

55,448

57,637

 

5

48,249

49,555

53,292

54,621

55,987

57,618

59,810

 

6

52,777

53,246

55,448

56,796

58,155

59,810

62,022

 

7

 

56,790

57,618

58,982

60,345

62,022

64,246

 

8

 

 

63,036

64,498

65,933

67,717

70,078

 

 

 

 

 

 

 

 

 

 

Teachers who have accrued the following number of complete years of service to the Hampshire Regional School District, including prior service in schools which the Hampshire Regional School District supplanted, will have the following amounts added to their annual salary:

 

After 15 years of service ‑ $150

After 20 years of service ‑ $250

After 25 years of service ‑ $350

 

 

COLUMN PLACEMENT

In order to qualify for placement on columns between or beyond degrees, the following shall apply:

 

A.    For BA+15, the courses taken and the credits earned shall have been earned following the date upon which the Bachelor's degree was granted.

 

B.     For MA+15, the courses taken and the credits earned shall have been earned following the date upon which the Master's degree was granted.

 

C.     For MA+30, the courses taken and the credits earned shall have been earned following the date upon which the 15th credit beyond the Master's degree was earned.

 

All courses, except those taken as an integral part of a program leading to a degree, must have the advance approval of the Superintendent, in order to qualify for credit accumulation toward placement on any of the BA+15, MA+15, or MA+30 columns.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX B

SALARY CALCULATIONS - COACHES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2010-11

 

 

 

 

 

 

 

 

 

 

Index

Level

10.00%

9.00%

8.00%

7.00%

6.00%

5.00%

4.00%

3.50%

3.00%

38,307

Base

3,831

3,446

3,064

2,682

2,299

1,915

1,532

1,340

1,149

 

1

4,249

3,824

3,400

2,974

2,549

2,125

1,700

1,487

1,275

 

2

4,667

4,200

3,734

3,267

2,801

2,333

1,866

1,633

1,400

50,855

3

5,085

4,576

4,068

3,560

3,051

2,543

2,034

1,780

1,526

 

Step

418

376

334

293

250

210

168

147

126

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2011-12

 

 

 

 

 

 

 

 

 

 

Index

Level

10.00%

9.00%

8.00%

7.00%

6.00%

5.00%

4.00%

3.50%

3.00%

39,265

Base

3,927

3,532

3,141

2,749

2,356

1,963

1,570

1,374

1,178

 

1

4,355

3,920

3,485

3,048

2,613

2,178

1,743

1,524

1,307

 

2

4,784

4,305

3,827

3,349

2,871

2,391

1,913

1,674

1,435

52,126

3

5,212

4,690

4,170

3,649

3,127

2,607

2,085

1,825

1,564

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2012-13

 

 

 

 

 

 

 

 

 

 

Index

Level

10.00%

9.00%

8.00%

7.00%

6.00%

5.00%

4.00%

3.50%

3.00%

39,756

Base

3,976

3,576

3,180

2,783

2,385

1,988

1,590

1,391

1,193

 

1

4,409

3,969

3,529

3,086

2,646

2,205

1,765

1,543

1,323

 

2

4,844

4,359

3,875

3,391

2,907

2,421

1,937

1,695

1,453

52,777

3

5,277

4,749

4,222

3,695

3,166

2,640

2,111

1,848

1,584

 

Step

433

390

347

304

261

217

175

152

130

 

Notes:             

1.      Base equals assigned percentages times BA minimum.

2.      Step 3 equals assigned percentages times BA maximum.

3.      Steps 1 and 2 are interpolations between base and Step 3.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COACHES

 

1

Boys Varsity Soccer

8.00%

2

Boys Junior Varsity Soccer

6.00%

3

Boys Junior High Soccer

5.00%

4

Girls Varsity Soccer

8.00%

5

Girls Junior Varsity Soccer

6.00%

6

Girls Junior High Soccer

5.00%

7

Cross Country

7.00%

8

Assistant Cross Country

5.00%

9

Boys Varsity Basketball

10.00%

10

Boys Junior Varsity Basketball

8.00%

 

 

 

11

Boys Junior High Basketball

5.00%

12

Girls Varsity Basketball

10.00%

13

Girls Junior Varsity Basketball

8.00%

14

Girls Junior High Basketball

5.00%

15

Varsity and Junior Varsity Cheerleading

7.00%

16

Boys Varsity Baseball

8.00%

17

Boys Junior Varsity Baseball

6.00%

18

Boys Junior High Baseball

3.00%

19

Varsity Track

9.00%

20

Assistant Varsity Track

7.00%

 

 

 

21

Assistant Varsity Track

7.00%

22

Assistant Varsity Track (if needed)

5.00%

23

Varsity Golf

8.00%

24

Girls Varsity Softball

8.00%

25

Girls Junior Varsity Softball   6%

6.00%

26

Girls Junior High Softball

3.00%

27

Boys Intramural

3.50%

28

Girls Intramural

3.50%

29

Girls Gymnastics

7.00%

30

Girls Assistant Gymnastics

5.00%

 

 

 

31

Skiing

7.00%

32

Wrestling

8.00%

   

Note:   All Coaches will be paid twice per season or activity –

one‑half (1/2) the contracted stipend at the mid‑season (activity) and one‑half (1/2) upon completion of the season or activity.

 

 

 

 

 

 

 

APPENDIX C

SALARY CALCULATIONS - EXTRA-CURRICULAR ADVISORS               

                           

 

2010-2011

2011-2012

2012-2013

 

 

 

 

BA Base

38,307

39,265

39,756

 

 

 

 

4.50%

40,031

41,032

41,545

4.00%

39,839

40,836

41,346

3.50%

39,648

40,639

41,147

3.00%

39,456

40,443

40,949

2.50%

39,265

40,247

40,750

2.00%

39,073

40,050

40,551

1.50%

38,882

39,854

40,352

 

B.            PERCENTAGE ASSIGNMENTS

 

 

EXTRACURRICULAR ADVISORS

 

 

1

Yearbook Advisor

4.50%

2

Yearbook Business Manager

3.00%

3

Musical/Variety Show

3.00%

4

Debating

4.50%

5

Activities Treasurer

4.50%

6

Dramatics

3.00%

7

Middle School Drama

3.00%

8

Senior Class Advisor

3.50%

9

Peer Education Advisor

3.50%

10

Newspaper

3.00%

 

11

As Schools Match Wits

3.00%

12

Creative Writing Club

2.00%

13

Gay/Straight Allies

2.00%

14

Student Council Advisor (S.H.)

2.50%

15

Junior Class Advisor

2.50%

16

Sophomore Class Advisor

1.50%

17

Freshman Class Advisor

1.50%

18

Academic Society

1.50%

19

Eighth Grade Advisor

1.50%

20

Seventh Grade Advisor

1.50%

 

21

Future Business Leaders of America Advisor

1.50%

22

Student Advisory

1.50%

23

Future Business Leaders of America Jr. Advisor

1.50%

24

Health Club Advisor

1.50%

25

Web Content Manager

3.00%

 

Note:   All Advisors will be paid twice per season or activity –

One‑half (1/2) the contracted stipend at the mid‑season (activity) and One‑half (1/2) upon completion of the season or activity.

APPENDIX D

CURRICULUM COORDINATORS

 

A. Work Schedule

      One (1) Duty Period

      One (1) Curriculum Period

      One (1) Preparation Period

      Four (4) Teaching Periods

 

B.  Compensation

1. Five percent (5%) of the BA Minimum.

2. One-183d (1/183) salary per diem for each extra day worked when school is not in session, when approved by the Principal

 

C. Coordinators Authorized

  1. Business
  2. English
  3. Fine and Applied Arts
  4. Foreign Languages
  5. Mathematics
  6. Human Ecology (Physical Education and Health)
  7. Science
  8. Social Studies
  9. Special Education

 

D. Guidance

1.   Compensation

            a. Five percent (5%) of BA minimum

b.      One 183d (1/183) salary per diem for extra work day when school is not in session, when approved by the principal.

2.   The work year for the Coordinator of Guidance will be two hundred (200) days.

3.   The Coordinator of Guidance will carry an eighty percent (80%) counseling load. (Effective July 1, 2008).

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX E

SPECIALTY AREAS

 

I.             Computer Coordinator

I.

A. WORK SCHEDULE

1.      Full time position, working closely with teachers and students.

2.      Up to seven (7) extra work days, subject to the discretion of the Principal, when school is not in session but when the building is open.

3.      One (1) hour (2:15 to 3:15) after school, one (1) day per week, to supervise student use of the resource room.

                                     

                        B. COMPENSATION

            1.   Two point four percent (2.4%) of the BA minimum.

            2.   One 183d (1/183) of salary per diem for each extra day worked when school is not in session, when approved by the Principal.

            3.   The work year will be 198 days, with salary pro-rated (at a factor of 1.082) on the teacher salary schedule. Additional work days will be at the discretion of the building principal.

 

II.        Team Leader

 

A. WORK SCHEDULE

            1.   Up to three (3) extra work days, subject to the discretion of the Principal, when the school is not in session, but when the building is open.

            2.   One (1) team leader period per day.

            3.   One (1) team meeting period per day. The team leaders may be assigned a duty period on days when there are no team meetings scheduled.

            4.   Four (4) teaching periods per day.

            5.   One (1) preparation period per day.

 

B.  COMPENSATION

1.      Five percent (5.0%) of the BA minimum.

2.      One 183d (1/183) of salary per diem for each extra day is not in session, when approved by the Principal.

 

III.       Special Education Coordinator

 

A.  WORK SCHEDULE

1.      One (1) coordinator period per day.

2.      One (1) duty period per day.

3.      One (1) preparation period per day.

4.      Four (4) teaching periods per day.

5.      Up to three (3) extra work days, subject to the discretion of the Principal, when the school is not in session, but when the building is open.

 

B. COMPENSATION

1.      Five percent (5.0%) of the BA minimum.

2.      One 183d (1/183) of salary per diem for each extra day worked when school is not in session, when approved by the Principal.

 

IV.       Director of Athletics

 

A. WORK SCHEDULE

1.      Three (3) Director of Athletics periods per day.

2.      Duty assignment may be made on an as-needed basis.

3.      Three (3) teaching periods per day.

4.      One (1) preparation period per day.

 

B. COMPENSATION

 

The Director of Athletics will be paid five percent (5%) higher than the highest percentage paid to any coach under his or her supervision ‑ see Appendix B.

 

V.        Librarian

 

                  A.  WORK YEAR

May begin prior to the beginning of the normal work year and may extend beyond the close of the normal work year upon mutual agreement entered into by the individual and the Principal, totaling 193 days.

 

B. COMPENSATION

One 183d (1/183) of salary per diem for each extra day worked when school is not in session, as approved by the Principal.

 

VI.       Guidance Counselors

 

A.  WORK YEAR

May begin prior to the beginning of the normal work year and may extend beyond the close of the normal work year.  The work year may be extended up to fifteen (15) additional days.  The Principal, after discussion with the counselor, will make the final decision on the counselor’s extended work year.

 

B. COMPENSATION

One 183d (1/183) of salary per diem for each extra day worked when school is not in session, as approved by the Principal.

 

VII. Computer Lab Supervisors

 

A.  WORK YEAR

Extra work days subject to the discretion of the Principal, when school is not in session but the building is open.

 

 

B. COMPENSATION

One 183d (1/183) of salary per diem for each extra day worked when school is not in session, when approved by the Principal.

 

VIII.    Science and Art Chemical Supply Supervisors

 

A.  WORK YEAR

Extra work days subject to the discretion of the Principal, when school is not in session but the building is open, to inventory, arrange and compatibility label chemicals.

 

 

B. COMPENSATION

One 183d (1/183) of salary per diem for each extra day worked when school is not in session, when approved by the Principal.

 

IX.       Band and Chorus Directors

 

A.  WORK YEAR

Extra work days for student performances, concerts, parades, etc., on weekends, holidays or non-school days, as authorized and approved by the Principal.

 

B. COMPENSATION

One 183d (1/183) of salary per diem for each extra day, or part of a day, worked when school is not in session, and when approved by the Principal.

 

X.        Mentors

 

            A.        Compensation

 

                        $300 – 2007 - 2008

                        $350 – 2008 - 2009

                        $400 – 2009 – 2010

Assigned annually by the principal with no release time.

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX F

NURSE

SALARY    Placement at base step of Bachelor’s salary schedule.

 

Placement upon the next higher level is not automatic, but will be based upon evidence of professional growth and demonstrated aptitude for successful fulfillment of assigned performance responsibilities.

 

BENEFITS

A.  Bereavement, Personal and Professional Leave: Same as the Professional Teaching Staff.

B.  Sick Leave:

1.      Days granted annually and the accumulation level thereof shall be the same as the Professional Teaching Staff.

2.      The Committee shall provide, without contribution by the employee, a bank of additional sick leave days equal to that enjoyed by contributing teachers and at the same rate of availability based upon years of service.


APPENDIX G

TECHNOLOGY ASSISTANTS

 

WORK YEAR           One hundred eighty days with four additional workdays scheduled during summer or vacation periods by the Computer Coordinator.

 

TECHNOLOGY ASSISTANTS

SALARY SCHEDULE

 

 

2007-08

2008-09

2009-10

 

 

 

 

 

 

 

 

B

25,671

26,826

27,899

 

 

2

26,665

27,865

28,980

 

 

3

27,678

28,924

30,081

 

 

4

28,702

29,994

31,194

 

 

5

29,764

31,103

32,347

 

 

6

30,835

32,223

33,512

 

 

7

31,915

33,351

34,685

 

 

8

33,031

34,517

35,898

 

 

9

34,657

36,217

37,666

 

 

 


EXHIBIT A

GRIEVANCE                                    HAMPSHIRE REGIONAL EDUCATION ASSOCIATION

#___________                                                GRIEVANCE FORM

 

1.            Name: _________________________________________________________________________

2.            Date of FIRST KNOWLEDGE of grievance: _________________________________________

2.(If within 20 days* of this date the grievance has not presented at Level One of the grievance procedure, the grievance shall be deemed waived.)

 

LEVEL ONE

3.      Enter date the grievance was first discussed with Principal: __________________

         (The Principal must render a decision within 5 days of this date.)

4.      Did the Principal render a decision?      Yes      No   If yes, state the date of this decision: ______________ (Employee has 5 days from this date to render a written statement of grievance to the Association President and/or designees.)

 

LEVEL TWO

5.      Enter date of written statement of grievance to Association: __________________ (Within 5 days of this date the employee and Association President and/or designees shall present a written statement of grievance to the Superintendent.)

6.      Enter date written statement presented to the Superintendent: _________________  (The Superintendent shall render a decision on the grievance within 20 days of this date.)

7.      Did the Superintendent render a decision on the grievance within 20 days?

         Yes         No       Enter date if a decision was rendered: _________________________

         (Employee has 5 days from this date to notify the President and/or designees, in writing, of a desire to present the grievance to the School Committee.)

 

LEVEL THREE

8.      Enter date of written notification to Association President or designee: _________________(Within 5 days of this date, the President and/or designees and the employee will meet with the Executive Board to decide if the Association will present the grievance to the School Committee)

9.      Enter date of Executive Board vote: ___________________________________________

         The Executive Board voted to present grievance.         Yes      No

         (If vote is yes, the School Committee will meet with the employee and the President and/or designee within 15 days of the vote.)

10.    Enter date of meeting with the School Committee: ______________________________  (If within 20 days the grievance is not resolved to the satisfaction of the president and/or designees and the Executive Board of the Association, the Association within 10 days following the 20 day period, may give the School Committee written notice of intent for arbitration.)

 

LEVEL FOUR

11.        Enter date of written notification to School Committee for arbitration:

         _________________(An arbitrator will be selected per contractual procedure and hearings will be held promptly.)

12.    Enter date(s) of hearing(s): ___________     ____________     ____________

         (No later than 20 days following hearing date(s), the arbitrator will render a final and binding decision).

13.    Decision rendered within 20 days?                   Yes      No

 

*       ”Days” throughout this document refer to calendar days exclusive of legal holidays and weekends. Time limits are maximum unless extended by mutual agreement in writing.

 

 

Employee's signature: ________________________________________________________

 

 

HREA President's or designee's signature: ____________________________________