Auburn

Show detailed information about district and contract

DistrictAuburn
Shared Contract District
Org Code170000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersSouthern Worcester County RVTSD
CountyWorcester
ESE RegionCentral
Urban
Kind of Communityeconomically developed suburbs
Number of Schools6
Enrollment2399
Percent Low Income Students17
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Auburn

AGREEMENT

BETWEEN THE

AUBURN SCHOOL COMMITTEE

AND

AUBURN EDUCATION ASSOCIATION

THIS AGREEMENT IS MADE AND ENTERED INTO

on the 24th day of May 2012 by and between the

AUBURN SCHOOL COMMITTEE AND THE AUBURN EDUCATION ASSOCIATION

___________________________________             _______________________________________

AUBURN SCHOOL COMMITTEE                         AUBURN EDUCATION ASSOCIATION

___________________________________             _______________________________________

Jeff Lourie, Chairperson                                           Jeff Berg, President

___________________________________             _______________________________________

Wayne Page, Vice Chairperson                                Jennifer DiMeglio, Vice President

___________________________________             _______________________________________

Lee Ann Gibree                                                        Denise Collins, Treasurer

___________________________________             _______________________________________

Liz Gribbons                                                             Barbara Allaire, Secretary

___________________________________             _______________________________________

George Scobie                                                           Doreen Goodrich, Chairperson,

Board of Selectman

AGREEMENT

between the

AUBURN SCHOOL COMMITTEE

and the

AUBURN EDUCATION ASSOCIATION

July 1, 2012

THROUGH

June 30, 2015

TABLE OF CONTENTS

PREAMBLE

4

ARTICLE I

Recognition

5

ARTICLE II

Management Rights

5

ARTICLE III

Administration Rights

6

ARTICLE IV

Negotiation Procedure

6

ARTICLE V

Teaching Hours & Teaching Load

7

ARTICLE VI

Assignment and Transfer

11

ARTICLE VII

Class Size

14

ARTICLE VIII

Non-Teaching Duties

14

ARTICLE IX

Vacancies and Promotions

15

ARTICLE X

Summer Session

16

ARTICLE XI

Member Use of Schools

16

ARTICLE XII

Members’ Children Enrolling

17

ARTICLE XIII

Professional Improvement

18

ARTICLE XIV

Evaluation

19

ARTICLE XV

Member Protection

19

ARTICLE XVI

Sick Leave

20

ARTICLE XVII

Sick Leave Bank

21

ARTICLE XVIII

Temporary Leaves of Absence

23

ARTICLE XIX

Leaves of Absence

24

ARTICLE XX

Sabbatical Leaves

27

ARTICLE XXI

Extended Retirement Benefits

28

ARTICLE XXII

Protection: Assault and Accident

30

ARTICLE XXIII

Dues Deduction/Agency Fee

31

ARTICLE XXIV

Grievance Procedure

31

ARTICLE XXV

No Strike - No Lockout

37

ARTICLE XXVI

Saving Clause

38

ARTICLE XXVII

Stability of Agreement

38

ARTICLE XXVIII

Reduction in Force

38

ARTICLE XXIX

Standard Rate

40

ARTICLE XXX

Standard Summer School Rate

40

ARTICLE XXXI

Health Insurance

40

ARTICLE XXXII

Terms of Agreement

41

APPENDIX A

Basic Salary Schedule Placement

42

APPENDIX B

Longevity Schedule

45

APPENDIX C

Extra Stipendiary Positions

46

Members’ Salary Agreement

49

Side Letter - Impact of School Construction

51

Side Letter – Members’ Schedules

52

MEMORANDUM OF AGREEMENT – Health Insurance

53

MEMORANDUM OF AGREEMENT – Educator Evaluation

55

PREAMBLE

Recognizing that our prime purpose is to provide education of the highest possible quality for the children of Auburn and that good morale within the teaching staff of Auburn is essential to achievement of that purpose, we, the undersigned parties to this Agreement, declare that:

A.       Under the laws of the Commonwealth of Massachusetts, the Auburn School Committee, as elected by the citizens of Auburn, has final responsibility for establishing the educational policies of the public schools of Auburn.

B.       The Superintendent of Schools of Auburn (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies so established.

C.       The teacher group of the Auburn Education Association has the responsibility for providing, in the public schools of Auburn, a full instructional program of the highest possible quality.

D.       Except as specifically excluded, those articles and sections which pertain to working conditions as negotiated under the ASC/AEA Agreement and currently in force shall apply equally to all members of the teacher group. The term member and Association shall be interchangeable where appropriate and applicable.

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

ARTICLE I

RECOGNITION

The Auburn School Committee recognizes the Auburn Education Association for the purpose of collective bargaining as the exclusive representative of the members' group.

A.       The member group shall consist of all professional employees of the Auburn School System who are members of the Massachusetts Retirement Fund excluding the Superintendent of Schools, Directors, Principals, Assistant Principals, members of the administrative and supervisory group who teach less than fifteen (15) periods/moods per week, substitute teachers and all other non-certified personnel.

B.       The Committee recognizes the right of the Auburn Education Association to represent the member group through their Negotiating Committee.

ARTICLE II

MANAGEMENT RIGHTS

The Management of the Auburn School System and the direction and control of the staff including the right to plan, direct and control system-wide operations; to determine the number and location of operations; to determine the means, methods, schedules of operations; to alter, rearrange, change, extend, curtail, or discontinue its operations partially or completely; to determine the methods of educational delivery to be used and services to be rendered; to determine the size, scheduling and assignment of the staff; to establish standards and maintain quality of performance; to establish and require employees to observe the publicized rules and regulations and reasonable standards of conduct; to maintain order and discipline or discharge employees, shall be the right, solely and exclusively, of the Auburn School Committee and/or, as provided by law, the Superintendent of the Auburn School System. The foregoing enumeration of Management's rights are not intended to be all-inclusive, but indicate the type of matters or rights which belong to and are inherent to Management, and shall not be deemed to exclude other rights of Management not specifically set forth. The Auburn School Committee and/or the Superintendent of the Auburn School System, therefore, reserve all rights, unless they are limited by the language of a provision of this Agreement.

Any of the rights, powers, authority and functions the Auburn School Committee and/or the Superintendent of the Auburn School System have prior to the negotiation of this Agreement are retained by them, except as expressly abridged by a specific provision of this Agreement. The Auburn School Committee and/or the Superintendent of the Auburn School System not exercising rights, powers, authority and functions reserved to them, or their exercising them in a particular way, shall not be deemed a waiver of said rights, powers, authority and functions or of their right to exercise them in some other way not in conflict with a specific provision of this Agreement.

ARTICLE III

ADMINISTRATION RIGHTS

All administrative rights and functions, except those which are abridged by this Agreement, are vested exclusively in the Auburn School System Administration.

ARTICLE IV

NEGOTIATION PROCEDURE

A.       COMMITTEE PREROGATIVES

The parties recognize that the Committee has and will continue to retain, whether exercised or not, the sole and unquestioned right, responsibility and prerogative to direct the operation of the public schools in the Town of Auburn in all their aspects, including but not limited to the following. To maintain public elementary and secondary schools and such other educational activities as in the judgment of the Committee will best serve the interests of the Town of Auburn; to give the children of Auburn as nearly equal advantages as may be practicable; to advise the Town as to the need for school facilities; to determine the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes; to determine the number, age and qualifications of the pupils to be admitted into each school; to employ, assign and transfer teachers; to suspend or dismiss the teachers of the schools in the manner provided by statute or applicable rule; to designate the schools which shall be attended by the various children within the Town; to make such provisions as will enable each child of school age residing in the Town to attend school for the period required by law and provide for transportation of children wherever it is reasonable and desirable; to prescribe rules for the management, studies, classification and discipline for the public schools; to decide the textbooks to be used; to make rules for the arrangement, use and safe-keeping of the school libraries and to approve the books selected therefore and to approve plans for school buildings; to prepare and submit budgets to the Town Meeting and, in its sole discretion, to expend monies appropriated by the Town for maintenance of the schools, and to make such transfers of funds, within the appropriated budget as it shall deem desirable. These rights, responsibilities and prerogatives are not subject to delegation in whole or in part, except that the same shall not be exercised in violation of any of the specific terms and provisions of this Agreement. No action taken by the Committee with respect to such rights, responsibilities and prerogatives, other than as there are specific provisions herein elsewhere contained, shall be subject to the grievance and arbitration provisions of this Agreement.

B.       JOINT FUNCTION

1. During negotiation, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counter-proposals. The Committee will make available to the Association for inspection all public records pertinent to items under negotiation. 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.

2.        If the negotiations described in this Article have reached an impasse, the procedure described in Chapter 150E of the General Laws of the Commonwealth of Massachusetts will be followed.

3.        The School Committee and the Association will arrange for a mutually satisfactory time and place for a meeting to negotiate over such proposal within fifteen (15) days after receipt of the proposal, unless they mutually agree to an extension of time for such meeting.

4.        When an agreement is reached, it will be presented as a joint recommendation of the School Committee and the Association.

5.        The duration of this Agreement shall include the school years 2012-2013, 2013-2014, and 2014-2015. During the effective time span of this Agreement, any and all articles may be opened for negotiations only by mutual agreement and subject to conditions noted for negotiations in this Article.

6.        The Committee and the Association agree to enter into negotiations relative to a successor agreement not later than November 15th of the calendar year prior to that in which the negotiated salary and differential payments are to become effective. Any agreement so negotiated will apply to all duly appointed members who are under contract, and will be reduced to writing and signed by the Committee and the Association.

ARTICLE V

TEACHING HOURS AND TEACHING LOAD

The Committee and the Association agree that the members' responsibility to their students and their profession generally entails the performance of duties and the expenditure of time beyond the normal working day, but that members are entitled to regular time and work schedules on which they can rely in the ordinary course and which will be fairly and evenly maintained to a maximum extent throughout the school system.

A.       WORK DAY

1.        Classroom teachers shall not be required to report to their assignment more than fifteen (15) minutes before the start of the students' day and except for properly scheduled meetings shall not be required to remain longer than thirty (30) minutes after the close of the students' regular school day.

2.        The length of the required members' normal work day shall be no more than seven (7) hours and five (5) minutes and it shall not be changed during the life of this Agreement. The work day shall include a duty free lunch period.

3.        It is recognized that the proper performance of professional personnel who serve as Department Heads, Curriculum Coordinators and/or Supervisors, or those members who receive Appendix C stipends, may require these persons to work longer than the normal working day. The schedule shall be worked out by the individual; such schedule shall be subject to the approval of the Principal.

4.        Members will be excused one (1) day per week five (5) minutes after all students are dismissed. Friday will be the day designated.

5.        Members will be available to provide a student helping period four (4) days per week for a minimum of twenty (20) minutes following the students' regular day. In the event no students appear for the extra help within ten (10) minutes following the official school dismissal time, members will not be required to remain beyond the (10) minute period. Monday, Tuesday, Wednesday, and Thursday will be designated days for student helping periods.

(a)      Members will maintain a record of students who stay after school, which may be subject to review.

(b)      Members will provide instructional reinforcement materials that address particular problems in major subject areas. These materials will be made available during extra help periods and/or be sent home.

B.       WORK YEAR

1.        The school year shall begin no earlier than the Monday before Labor Day and terminate no later than June 30, but in no event be longer than one hundred eighty-five (185) days. The first day of the school year for staff shall be designated for general meetings and teacher preparation. When the school year begins prior to Labor Day, the first week will include a minimum of two (2), maximum of three (3) days of student attendance and Friday will be a non-work day.

2.        Coordinators, Supervisors, and/or Guidance Personnel may be required to begin their work year up to ten workdays before the first day when pupils are in attendance and terminate their work year up to twenty workdays after the last day when pupils are in attendance, provided, however, that they will be compensated at the Summer Pay Schedule.

C.       MEETINGS

1.       Teachers will be required to set aside one day per week to attend meetings. The day selected will be by mutual agreement within the District, which may or may not be Mondays, but will not be Fridays.

(a)   A building meeting held for a special reason on a day other than the designated meeting day shall replace requirements for the regular meeting day. Teachers may be excused from these meetings for valid reasons, with the prior approval of the building principal.

(b)   If there is no school on the designated meeting day, another day may be designated as the meeting day.

2.        All meetings shall consist of professional matters and shall begin promptly. Following the start of meetings, which will be within fifteen (15) minutes of the end of the students’ day, teachers shall be required to stay no longer than sixty (60) minutes. Members may be excused from these meetings for a valid reason, with the prior approval of the building principal. There will be a maximum of twenty-eight (28) after-school building meetings per year.

Meeting formats will vary but the focus will be on continuous improvement for our students and for our district. While some meetings may be for full faculty discussions/input, others may be more beneficial in focused groups, such as by grade level or department. Members’ active and positive engagement will benefit students, their achievement and our educational program.

3.        At the direction of the central administrative staff, each member shall be required to attend no more than five (5) meetings per year for the purpose of curriculum improvement, professional workshops and/or other professionally oriented activities. Each member of the staff shall devote the professional skill, additional time, and extra effort required to insure that state and/or regional accreditation programs are accomplished. Each meeting will begin no later than twenty (20) minutes after the students’ day and each meeting will not exceed one (1) hour and thirty (30) minutes. The meeting days shall be scheduled by September 30 of the present school year and announced to the members.

4.        In addition to the above, members will be required to attend up to (3) beyond the school day/evening meetings each school year. Such meetings shall relate directly to community/parental involvement, including but not limited to Parents’ Nights, Reading/Writing or Family Math Night, Parent Conferences, School Success Night, and Parent Orientations. Except for Middle School and High School Guidance personnel, members who attend more than three (3) meetings beyond the normal school day at the request of the administrative staff shall be compensated at the standard rate (Article XVIII). Members shall receive due notice and may be excused for valid reason by the principal or his/her designee.

5.        When evening attendance of members is necessary at a school sponsored activity other than those related to parent consultation and/or program interpretation, and beyond the three that may be required, the members at the school or schools involved will be given the opportunity to volunteer for such duty by notice posted five (5) school days prior to the event. In the event that there are insufficient volunteers, members may be assigned such duty on a rotating basis. Members will receive due notice and may be excused for valid reason by the principal or his designee. Members shall be compensated for such duty at the standard rate (Article XXVIII).

D.       WORKING CONDITIONS

Exceptions to the provisions of this section may be made only if the Superintendent of Schools or his/her designee determines that it is necessary to do so in the best interests of the educational process. A disagreement over whether an exception is justified will be subject to the grievance procedure and will be initiated at Level Two.

1.        Members will have a duty-free lunch period equivalent to the length of the students’ lunch period. At the elementary level, said lunch period shall not be less than 25 minutes. Lunch periods shall be set by the building administrator and shall separately note the recess and lunch periods.

2.        All members shall, in addition to their duty free lunch period, be guaranteed at least one (1) preparation period each day, equivalent to a class or specials period, during which they shall not be assigned to any other activity.

Elementary non-professional status teachers will have a preparation period during the time that special area teachers are teaching their class. Elementary non-professional teachers will remain in the classroom at the principal's discretion during the time that special area teachers are teaching their class.

3.        Middle and senior high school teachers will not be required to teach in more than two (2) subject areas nor be responsible for more than a total of four (4) preparations by course titles at any given time unless agreed to by the teacher and building principal.

4.        Guidance counselors shall not be assigned an average of more than twelve (12) Group Guidance Instructional Assignments per week.

5.        The Administration and the Auburn Education Association agree that with the implementation of any new program, training, professional development and/or support should be provided.

6.        In arranging schedules for members who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such members will be notified of any changes in their schedules as soon as practicable. Members who are assigned to more than one school in any one school day will receive the normal mileage allowance for all inter-school driving.

7.        Assignments to extra-curricular activities shall be voluntary. In the event no qualified applicants apply for positions listed under Section I of Appendix C (Related Academic Positions), a teacher may be appointed by the administrator, provided that no member shall be required to accept such appointment for two (2) consecutive years.

8.        If an additional section of a class at the secondary level is required due to student enrollment or other reasons, and there is no staff member available to teach such section within his/her normal work day (Article V, D, 4 (a)), such position shall be posted for all qualified applicants to apply. Such compensation for teaching said full class for the year shall be $6,000 to include preparation, assessments, teaching and the time necessary to meet with colleagues and parents of students assigned.   Payment for teaching an additional section of a class will only be made if the member is required to give up his/her preparation period. Such compensation shall increase along with the salary schedule. Such pay shall be added to the teacher’s salary through the salary agreement and subject to all other regular withholdings.

(Since this is a stipendiary position, it assumes that much of the work takes place beyond the regular school day.)

E. SUBSTITUTING

1.  In those cases where a regular substitute is not available and a member agrees to serve as a substitute during his or her preparation period, said member will be paid at the standard rate (Article XXVIII). In an emergency, the principal may assign a member as a substitute under the conditions noted below.

2.  All persons covered by this contract may be assigned to substitute. The substituting procedure shall be accomplished on an equitable and rotating basis and be publicly posted.

3.  In an emergency situation when a regular substitute is not available, any personnel under this contract may, without compensation, be assigned to substitute if their teaching load, non-inclusive of lunch and preparation periods, allow. In all other situations, the standard rate will apply.

ARTICLE VI

ASSIGNMENT AND TRANSFER

Staff transfers are of two (2) types: voluntary and involuntary. The Committee and the Association recognize that some transfers of members from one school to another are unavoidable. In addition, the Committee and the Association recognize that frequent transfer of members disrupts the educational process and interferes with optimum member performance.

It is recognized that the Superintendent, in the best interest of the educational needs of the system, shall have the responsibility to assign members.

A. VOLUNTARY TRANSFER

When a vacancy occurs in a teaching position, the Superintendent shall give due weight to the following criteria in determining transfers from within the District to fill said vacancies: appropriate DESE certification, educational preparation, and quality of performance within the education profession and other relative factors. A general posting of vacancies shall be made on or before May 1, whenever practicable.

Priority of transfers will be given to those teachers required to seek involuntary transfer as a result of the R.I.F. process.

1. Member initiated requests for voluntary changes in grade assignment or in subject assignment will be contingent upon the best interests of the students and the school program. The following general principles therefore shall apply:

a)  A member's area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Auburn School System will be considered in determining which member is to be transferred.

b)  Members desiring a transfer will submit a written request to the Superintendent stating the assignment preferred. All requests will be acknowledged in writing by the appropriate supervisor.

c)  Members seeking to transfer within their current discipline and grade level assignment will not be required to provide a demonstration lesson. The Interview Committee, or representatives thereof, may visit the teacher’s classroom while he/she is teaching to assist them in making their decision of whom to hire.

d)  All other factors being substantially equal, preference will be given in filling open positions on the basis of length of service in the Auburn School System.

e)  The final decision regarding hiring at the building level rests with the building principal and is not subject to the grievance procedure.

B. INVOLUNTARY TRANSFER

It is recognized by both the Committee and the Association that situations may arise where involuntary transfers may become necessary to support the operational needs of the school district such as changes in educational programs, changes in enrollment, or reductions in staff.

1.  In the case of an involuntary transfer, a member’s area of competence, DESE certification, major and minor fields of study, quality of teaching performance, and length of service in the district will be considered.

2.  Members will be notified in writing as to any changes in the schools to which they will be assigned and the grades and/or subjects that they will teach as soon as feasible, subject to the best information available from the staff and the best interests of the school system.

3.  Any members whose assignment for the ensuing school year involves a change of buildings or class shall be given written notice of such changes as soon as practicable and, if possible, by May 15.

4.  Any involuntary transfer shall be made only after a meeting between the member and the Superintendent. Such meeting will take place within two school days of receipt of the transfer letter. At the meeting, the member shall be apprised in of the reasons for the transfer.

5.  If the member disagrees with the involuntary transfer he/she may file a written notice of appeal with the Superintendent within two school days.

6.  The Superintendent shall require the member's principal or immediate supervisor to be present at the appeal. The member may be represented by the Association at the appeal, but the member involved must be present. If the member is not present, it will be deemed as a waiver of the appeal. The Superintendent shall render a decision within five (5) school days following the close of the appeal. The Superintendent’s decision is not subject to the grievance procedure.

F. JOB SHARING

Job-Sharing consists of a team of two (2) members who have taught in the system for at least one (1) year and who wish to share one (1) full-term teaching position. The term of the teaching position shall be for one (1) school year.

(a)      As a team, both interested members shall prepare and submit a single detailed proposal for job-sharing assignment. This proposal shall be submitted to the appropriate principal and special area supervisor on or before February 15th. The proposal will be acknowledged in writing by the Principal and/or Special Area Supervisor.

(b)      The Principal and appropriate Special Area Supervisor shall make a recommendation regarding this proposal to the Superintendent of Schools on or before March 15th.

(c)       The Superintendent shall render his/her decision in writing to the applicants on or before May 1st.

(d)      An appeal of the decision of the Superintendent may be made to the School Committee. The decision of the School Committee is specifically exempted from the Grievance Procedure.

(e)      Each job-sharing member shall work 1/2 (3 hours 32 minutes) of the prescribed members’ work day (7 hours 5 minutes) as noted in the ASC/AEA Agreement. For the purpose of R.I.F., each member shall receive 1/2 day credit for each day of assignment.

(f)       Job-Sharing members will receive one (1) year of salary credit and one year of longevity for each two years of service in a job-sharing position.

(g)      Salary compensation for each member shall be 1/2 of the appropriate placement on the current teacher salary schedule.

(h) Job-Sharing members will receive pro-rated sick leave, sick bank, and personal day benefits. These benefits are noted in the ASC/AEA Agreement.

(i) The members' responsibilities to their students and their profession generally entail the performance of duties and the expenditure of time beyond the normal working day. The job-sharing members will be subject to the requirements of the ASC/AEA contract (e.g. building meetings, curriculum meetings, parents' night, professional workshops). Non-attendance at these meetings is subject to the Principal and/or Subject Area Supervisor approval.

(j) If for some good cause, one member of the job-sharing team must end the job-sharing arrangement, then that teacher should:

1.       Give advance notification of at least two (2) calendar months except in the case of an emergency.

2.        The job-sharing partners will work with the administration to find a suitably certified teacher replacement.

3.        In the event a suitably certified replacement as determined by the School Committee or its designee is not employed within six (6) calendar weeks following the aforementioned notice, the remaining partner will have the option of assuming the full-time position at the appropriate step and level of the salary schedule or taking an unpaid leave of absence for the remainder of the school year or until such time as the first job-sharing partner returns to his/her assignment.

ARTICLE VII

CLASS SIZE

A.       It is agreed that class size limits as set forth below are desirable. To the extent possible, such limits will be made within existing facilities.

1.        Elementary School

Grade K-5                                                                      25 Pupils per Class

2.        Middle and Senior High School

Academic Subjects

30 Pupils per Class

Science Laboratories

24 Pupils per Class

Drafting

24 Pupils per Class

Physical Education

30 Pupils per Class

B. Exceptions to the suggested class size as indicated may be made if the School Committee or its designee determines that it is necessary to do so in the best interest of the educational process. A disagreement over whether an exception is justified will be subject to the Grievance Procedure.

ARTICLE VIII

NON-TEACHING DUTIES

A.       The Committee and the Association acknowledge that a member’s primary responsibility is to teach and that his/her energies should be utilized to this end. Therefore, members may be required to collect and transmit money used for educational purposes including Student Insurance, but they will not be required to maintain school registers, distribute milk in the cafeteria, or to weigh and measure pupils for health services. Members also shall not be required to drive pupils to activities which take place away from the school building.

B.       Members at the elementary level will be required to monitor the lunch room only in the event that sufficient numbers of Instructional Assistant positions cannot be retained to maintain the lunch room arrangement with the remaining Instructional Assistants.

C.       Members may be required to perform bus duty on a rotating basis. A member who either agrees to or is required to perform bus duty that regularly extends beyond the regular school day will be entitled to compensation at the standard rate.

D.       Non-teaching duties will be apportioned equitably and distributed among all members assigned to the respective buildings. Each building principal shall maintain and post an updated roster of non-instructional assignments.

E.       Non-teaching duties performed before or after the defined normal work day (seven hours and five minutes) schedule shall be compensated at the standard rate.

F.        The President of the Auburn Education Association will not be assigned non-teaching duties.

ARTICLE IX

VACANCIES AND PROMOTIONS

A.       Whenever any vacancy in a promotional position, new position, or existing position occurs during the school year (September through June), it will be publicized by the Superintendent by means of a notice placed on the bulletin board in every school. During the months of July and August, written notice of any such vacancy will be forwarded to members who have expressed previous written interest in such positions within the past year. The Committee may leave a position vacant but is required to give notice of any position it does not intend to fill.

B.       Promotional positions are defined as follows: Positions paying a salary differential and/or positions on the administrator-supervisory level.

C.       Vacancies, except in existing positions or those to be filled on a temporary basis, will be filled within fifteen (15) calendar days but in no event less than six (6) school days from the date the notice is posted in the schools or notice is given to the interested member. A shorter posting period may be allowed in the case of emergencies.

D.       Vacancies in existing positions that are to be filled by a member already employed in the system may, at the sole discretion of the Superintendent, be filled at any time, but no later than September 1st subsequent to the date the vacancy occurred.

E.       The qualifications for the position, its duties, the rate of compensation, and the final date of acceptance of applications will be clearly set forth.

F.        All qualified members will be given adequate opportunity to make application for such positions, and the Committee agrees to give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors. In filling such vacancies, careful consideration will be given to qualified members already employed by the Committee, and each member applicant not selected will, upon request, receive an explanation from the Superintendent or his/her designee.

ARTICLE X

SUMMER SESSION

A.       The Committee and the Association recognize that the summer school program may vary substantially from year to year. It offers the opportunity for experimentation and calls for flexibility in approach.

B.       The Committee will post all summer school positions as early in the year as feasible.

C.       Subject to special requirements of the program (e.g. in-service training for new personnel), position openings shall be filled on the basis of competence and experience, and careful consideration shall be given to applicants from the regularly appointed teacher staff in the Auburn School System.

D.       Compensation shall be at the Standard Summer School Rate of $35/hour. Such rate recognizes the need for members to plan and execute lessons, assess student progress and convey the same in writing and/or verbally to the Summer School Director, Director of Pupil Services, Building Principal and/or the students’ parents.

E.       Other contract provisions, except as noted in this Article, shall not be in effect during the summer session.

ARTICLE XI

MEMBER USE OF SCHOOLS

A.       The Association will have the right to use school buildings without cost at reasonable times for professional meetings if custodians are on duty. The principal of the building in question will be given reasonable notice in advance of the time and place of all such meetings.

B.       The Association will have the right to use school buildings with reasonable notice without cost, except nominal custodian charges, for appropriate events to raise funds for scholarships or other educational purposes.

C.       The Association will have the right to place notices, circulars, and other Association material in the faculty room and in teachers' mailboxes. The Association may make announcements over the public address system during the regular announcement period.

D.       Where practical and possible, each school will have the following facilities:

1.        A teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials.

2.        An appropriately furnished room as a faculty lounge. Said room will be in addition to the aforementioned teacher work area.

3.        A separate, private dining area for the exclusive use of the members during the school day.

4.        An adequate portion of the parking lot at each school reserved for member parking.

ARTICLE XII

MEMBERS’ CHILDREN ENROLLING IN THE AUBURN PUBLIC SCHOOLS

Members who live outside of the Town of Auburn but wish to enroll their child or children in the Auburn Public Schools may do so per the following criteria:

A.  Annually, by May 15th, the Superintendent of Schools will notify the membership of available slots for the following school year.

a. The determination of available slots will be made based on class sizes at each grade as well as other factors as determined by the Superintendent.

B.  Members must notify the Superintendent in writing by May 25th of their request to enroll their child or children in an available slot(s).

C.  If the number of requests to enroll exceeds the number of available slots, the Superintendent will conduct a random lottery.

D.  By May 30th, the Superintendent will provide written notification to all members who submitted a request to enroll their child or children.

E.  By June 4th, any member whose child or children have been accepted through this opportunity will need to complete registration paperwork with the appropriate school. Such notification to the receiving school will allow ample time for any additional paperwork to be completed as well class assignments and notifications made for the following year.

F.  The cost to register a child in the Auburn Public Schools through this program is $5,000 per child (the school choice tuition rate in 2012).

a.   Upon acceptance, the member must pay $1,000 within ten (10) days to hold the spot.

b.  The remaining tuition amount will be billed in four (4) equal payments of $1,000, payable no later than the first of September, November, February and April of the school year in which the child is enrolled.

c.   Payments will be accepted at the Superintendent’s Office only.

d.  Failure to make payments according to the above schedule will result in the child’s elimination from this opportunity.

G.  The Superintendent reserves the right to remove a child from this program if she/he believes that the student’s presence is a detriment to the Auburn Public Schools. Issues that may prompt such an action would include, but not be limited to, serious disciplinary issues, undocumented attendance problems or any alcohol/drug-related issues.

H. Members whose children are enrolled in the tuition-based program described herein may complete a school choice application for grade levels that accept students, as determined by the School Committee. Should the member’s child or children be randomly selected through the school choice lottery, the member will no longer be required to pay the $5,000 tuition rate per child. If the member’s child or children are not randomly selected through the school choice lottery, the member may continue to pay the required tuition, thus keeping his/her child or children in the district.

ARTICLE XIII

PROFESSIONAL IMPROVEMENT

A.       The Committee and the Association agree that there is critical need for each member to plan and undertake a program of professional study which will maintain and up-date professional skills.

B.       All members shall participate at a rate of study according to the following schedule:

1.        B.A. and M.A. Levels - each member shall average one credit per year following each successive change in salary level (B.A.; B.A. +15, M.A.; M.A.+15) for each year of experience in Auburn.

2.        M.A. +30 Level - each member shall average three-quarters (3/4) of a credit per year following placement on the M.A. +30 salary level for each year of experience in Auburn.

C.       Under extraordinary circumstances, the Superintendent may provide temporary relief of one year from the above rate of study.

D.       On request, each member of the staff shall be apprised of the requirements for professional improvement on regular basis.

E.       Failure to satisfy the requirements for professional study could result in a denial of salary increment by the School Committee.

F.        It is not the intent of the Committee to change in any manner the procedure which requires approval of all courses undertaken for salary credit. Except, courses taken by members beyond the M.A. +30 level will not be subject to the prior approval of the Superintendent.

G.       The School Committee has established a course reimbursement fund not to exceed eight thousand ($8,000) dollars in school year 2012-2013. This amount shall increase to ten thousand ($10,000) dollars for school year 2013-2014; and twelve thousand ($12,000) dollars for school year 2014-2015.

H.   The Committee shall reimburse teachers of full-time status and part-time status (prorated) for the cost of tuition up to three hundred ($300) dollars per course, per teacher, per year, for graduate level courses. Members may make a second request for reimbursement of the cost of tuition up to three hundred ($300) dollars for a second graduate level course. Only after all first requests have been granted will the remaining funds be dispersed at a rate of three hundred ($300) dollars. In the case that funds to be distributed cannot meet all eligible requests, said funds will be distributed evenly among all who qualify, thus possibly resulting in reimbursements of less than three hundred ($300) dollars per course. For any course not completed prior to the first Friday in June deadline (see Item H below), or the grade received after that deadline, will be eligible for reimbursement in the following school year.

I.     The School Department will process course reimbursement requests for payments annually in June. Members shall submit proof of Superintendent approval, proof of payment, together with the grade report of 3.0/B or higher to the Superintendent of Schools by the close of business hours on the first Friday in June.

J. Should the District total of course reimbursement requests exceed the limit in any given school year, the District will give priority first to reimburse tuition from district-sponsored courses, recognizing that those are in full alignment with the District’s mission and goals.

ARTICLE XIV

EVALUATION

Reference: Auburn Public Schools: Teacher Evaluation Policy and Procedures Ratified on January 12, 2007 Finalized on May 8, 2007

Updates based on New Educator Evaluation Regulations – Approved to Adopt at the May 16, 2012 Ratification meeting (see Memorandum of Agreement).

ARTICLE XV

MEMBER PROTECTION

A.       Any formal or written complaint regarding a member made to any member of the administration by any parent, student, or other person will be promptly called to the attention of the member. If the formal or written complaint is demonstrated to be unfounded, it will be removed from the personal file of the member immediately.

B.       The Association recognizes the authority and responsibility of the principal to discipline a member for delinquency of professional performance. If a member is to be disciplined by a member of the administration above the level of the principal, however, he/she will be entitled to have a representative of the Association present.

C.       No member will be disciplined, reduced in rank or compensation, or deprived of any professional advantage without just cause.

D.       The School Committee retains the right to discharge members without professional status without cause.

ARTICLE XVI

SICK LEAVE

A.       Members employed prior to September, 1985 will be entitled to accumulate sick days from year to year with a maximum total accumulation of one hundred eighty (180) days. Sick days will be deducted from this one hundred eighty (180) day accumulation. When a staff member's accumulation drops below the one hundred eighty (180) day accumulation, those days can be replenished the following school year up to the number of allowed sick days allocated each year.

B.       Members employed on or after September 1, 1985 will be entitled to accumulate sick days from year to year with a maximum total accumulation of one hundred twenty (120) days. Sick days will be deducted from this one hundred twenty (120) day accumulation. When a staff member drops below the one hundred twenty (120) day accumulation, those days can be replenished the following school year up to the number of allowed sick days allocated each year.

C.       Members will be entitled to fifteen (15) sick leave days per year. A member who works only part of the year by reason of late entrance shall be granted sick day leave allowance for that year equal to one and one-half (1 1/2) days for each month of service.

D.       All sick leave allowance in any one school year shall become available in full to a new employee at such time as he/she enters active teaching service in September.

E.       Members of a previous year who are not actively receiving sick bank benefits may be entitled to a sick leave even if unable to begin active service in September, if their late entrance is due to personal illness. Members who are receiving sick bank benefits may be entitled to sick leave following a period of three (3) working days.

F.        Except for specific provisions noted elsewhere, deduction from sick leave allowance shall be made only for those days included in the School-Day calendar for the current school year.

G.       Sick leave is intended to be used in instances wherein the teacher is unable to perform his/her usual duties as a direct result of illness. The principal and/or Superintendent of Schools may require documentation from a physician following four (4) consecutive school days absence. Failure to provide documentation will result in salary deductions equal to 1/185th of the member’s salary per day of unexcused absence

H.      Up to five (5) sick days may be used for each illness requiring bedside, medical, parental or household attention by the member or 1) the member’s spouse, child, sibling, or parent, or of 2) another member of the immediate household. Members may be granted additional days at the discretion of the Superintendent.

ARTICLE XVII

SICK LEAVE BANK

The sick leave bank is a mutual concern of the Auburn School Committee and the Association, and shall be maintained to relieve the financial burdens of extended illness for members who have exhausted their accumulated and annual sick leave days.

Except as noted in this article, the administration of the sick leave bank shall be a function of the Sick Bank Committee.

A.       MEMBERSHIP

1.        Membership in the sick leave bank shall be voluntary and each member shall make an initial contribution of two (2) days.

2.        When the number of unused days in the bank reaches a critical level, the Sick Bank Committee may require an additional contribution from participating members who wish to continue their membership.

3.        Days placed in the Bank and unused at the end of the school year shall remain in the bank and shall accumulate from year to year.

4.        The enrollment period shall be limited to the first ten (10) school days of the school year. The Sick Bank Committee may grant an exception to those persons who begin work after the September enrollment period. Such personnel must request membership within ten (10) school days of their employment.

B.       SICK BANK COMMITTEE

1.        A seven (7) member committee shall administer the Sick Leave Bank.

(a)      The Administrative and Supervisory Group shall elect two (2) representatives.

(b)      The Teacher Group shall elect five representatives, at least two (2) of which will be secondary and two (2) elementary.

(c)       Each group shall be responsible for the election of its representatives.

2.        The Superintendent or his designee shall preside at the meetings and may vote only to break a tie.

3.        All applications for participation and benefits must be made on a form approved by the Sick Bank Committee.

4.        Decisions of the Sick Bank Committee shall not be subject to the Grievance Procedure. Within ten (10) school days following notification of a Sick Bank Committee decision, the applicant or his representative may present an appeal in writing to the Sick Bank Committee.   Such appeals shall consist of a request that the Sick Bank Committee review its decision and present the applicant's reasons for such a review.

C.       ENTITLEMENT

Entitlement days are considered days for which the individual would have been compensated if he had not exhausted his sick leave.

1.        All members have an initial entitlement of twenty (20) days - additional entitlement shall accrue at five (5) days/year for each creditable year of service in Auburn for members without professional status and ten (10) days/year for each creditable year of service in Auburn for teachers with professional status.

2.        Maximum entitlement shall not exceed one hundred twenty (120) days, except for any member who had, as of May 2, 1994, accrued more than one hundred twenty (120) days and who shall be entitled to accrue up to the number of days which he or she had accrued as of that date.

3.        At no time shall sick leave bank entitlements and any other benefits noted in this Agreement exceed the existing salary rate of the member.

4.        In no case shall the Sick Bank Committee award more than thirty (30) sick days to any applicant at any one time.

5.        Sick leave bank benefits shall not be provided to non-members or to personnel who are on leaves of absence.

D.       BENEFITS

Benefits of the sick leave bank are extended to any actively participating member who has fulfilled the requirements for eligibility and whose sick leave loan application has been approved by a majority of the Sick Bank Committee.

1.        To be eligible for sick leave bank benefits, the applicant must be incapacitated for fifteen (15) consecutive school days. If the applicant does not have fifteen (15) accrued sick days for members with professional status or eight (8) accrued days for members without professional status, then a salary deduction shall be made for every day after sick leave expires until the applicant becomes eligible for sick leave bank benefits. Such eligibility shall begin on the nineteenth (19th) day for members with professional status and on the twelfth (12th) day for members without professional status.

2.        Application for sick leave bank benefits may be made not more than fifteen (15) school days in advance of the anticipated termination date of earned sick leave.

3.        Participating members must make written application to the Sick Bank Committee requesting sick leave bank benefits, using the prescribed forms. This must be accompanied by a medical statement by the attending physician, stating the exact nature of incapacitation and the projected time of recovery beyond the member's own accrued sick leave.   The Sick Bank Committee may request a review by the school physician.

4.        There will be a waiting period of three (3) working days between the end of the applicant's current allowance of sick days and the beginning of withdrawal of sick leave bank days.

5.        If a member is incapacitated for at least fifteen (15) days in any one year and there is additional incapacitation which appears to be a recurrence or an immediate result of the same illness or accident, then the fifteen (15) day eligibility requirement and the three (3) day waiting period could be waived at the discretion of the Sick Bank Committee upon verification by the attending physician.

6.        Should an individual have used his/her maximum allowance, returned to duty, re-enrolled as a member, and finds it necessary to apply for benefits, he/she will be eligible for those benefits of a newly elected teacher in the Auburn Public Schools.

7.        A person who is receiving sick leave bank benefits in June may continue to receive benefits in September for the same illness, a recurrence or associated complication.

ARTICLE XVIII

TEMPORARY LEAVES OF ABSENCE

A.       The Association and Committee recognize that there may arise from time to time situations beyond the control of the teacher which require his/her presence during the period when school is in session. The temporary leave of absence with pay provides the remedy for such difficult situations. Any misuse of the temporary leave of absence with pay shall be considered a major breach of professional ethics and shall be treated appropriately by the Association. The Committee shall consider any misuse as fraud and shall take appropriate disciplinary action.

B.       The entitlements noted in this section are cumulative and are not to be used in any manner except as noted. The Superintendent may provide for an exception to the specific conditions noted in this section, but he/she shall not provide for an increase in the total number of days of entitlement.

C.       Members shall be permitted three (3) personal leave days with pay each school year to be used for personal or legal business, household or family matters, which require the individual to be present during the period when school is in session. Advance notice of forty-eight (48) hours will be required before approval can be given. The Superintendent may waive the forty-eight (48) hour notice requirement in extraordinary circumstances that would preclude the possibility of providing such notice.

If a personal day request extends long weekends or vacation weeks, the member must state the reason for the request which must be approved by the Superintendent in advance. In this circumstance, advance notice of five (5) days will be required before approval can be given.

The Superintendent may waive the five (5) days notice requirement in extraordinary circumstances that would preclude the possibility of providing such notice.

Members shall be compensated $50 for each unused personal leave day at the end of the school year.

D.       Teachers will be granted a temporary leave of absence with pay for the celebration of Rosh Hashanah (2 days), Yom Kippur (1 day), Eastern Orthodox Good Friday (1 day), and Western Orthodox Christmas (1 day). This entitlement shall not exceed three (3) days and shall be deducted from sick days and/or personal days.

E.       In the event of a death in the immediate family of a teacher, he/she shall be granted leave with pay in the amount of five (5) working days and such leave shall not be charged to sick leave or vacation leave. Immediate Family: spouse/partner, child, step-child, father, mother, sister, brother, teacher’s grandchildren.

He/she shall be granted leave with pay in the amount of three (3) working days and such leave shall not be charged to sick leave or vacation leave for grandmother, grandfather, mother-in-law, father-in-law, brother-in-law, and sister-in-law, grandparent of spouse/partner, or relative living in the teacher’s household.

F. A teacher will be granted a temporary leave of absence for jury service. The School Committee will pay the teacher’s full salary for the first three (3) days of jury service. If a teacher is required to serve more than three (3) days of jury service, the School Committee will make up the difference between jury pay, excluding travel allowance, and the teacher’s regular salary.

The teacher upon receipt of notice will immediately inform his/her principal of his/her call to jury duty along with the completion of a leave request form.

A juror service certificate must be presented to the Superintendent upon receipt for verification of wages earned.

ARTICLE XIX

LEAVES OF ABSENCE

A. An approved Maternity Leave of Absence for reasons of maternity or adoption shall be granted without pay subject to the following conditions:

1.        A member who wishes to make application for an Approved Maternity Leave shall submit a request in writing to the Superintendent of Schools. The letter of intent shall include the requested date the Approved Leave is to become effective. Such notification shall be made at least one (1) month prior to the effective date. An exception to this requirement may be made by the Superintendent of Schools.

2.        Failure to provide such notification shall result in a maternity leave of eight (8) weeks with a two (2) week notification period.

3.        Members whose Approved Maternity Leave begins during the months of September, October, November, December, January or February shall return to work at the opening of school in September following the birth or termination of pregnancy.

4.        Members whose Approved Maternity Leave begins during the months of March, April, May, June, July or August, shall return to work at the opening of school in September of the following calendar year unless the letter requesting an Approved Maternity Leave includes a statement requesting a return to work at the opening of school in September following the birth or the termination of pregnancy.

5.        A member on Approved Maternity Leave of Absence who desires to return to work at a time earlier than that provided in Sections #3 and #4 shall make a written application for reinstatement to the Superintendent. Such reinstatement may be granted by the School Committee.

6.        Salary increment and sick leave accumulation shall accrue providing the Approved Maternity Leave does not exceed ninety-one (91) days during the applicable school year.

B.       An employee covered under this Agreement who adopts a child shall be granted adoption leave as follows: the employee shall be entitled to a leave of absence in accordance with the Family Medical Leave Act (FMLA). While on adoption leave, the employee will be allowed to utilize accumulated sick leave for a maximum of four (4) weeks. Any additional adoption leave shall be unpaid. Adoption leave will not be eligible for benefits from the sick leave bank. Any employee requesting adoption leave shall provide proper notification to the Superintendent of Schools at least two months in advance of the date the leave is to begin, if possible. Such notification will include documentation from the adoption agency to confirm the adoption.

C.       A member covered under this Agreement shall be granted paternity leave in order to care for the employee’s child after birth as follows: the employee shall be entitled to a leave of absence in accordance with the Family Medical Leave Act (FMLA). While on paternity leave, the employee will be allowed to utilize accumulated sick leave for a maximum of three (3) weeks. Any additional paternity leave shall be unpaid. Paternity leave will not be eligible for benefits from the sick leave bank. Any employee requesting paternity leave shall provide proper notification to the Superintendent of Schools at least two months in advance of the date the leave is to begin, if possible. A paternity leave must commence within forty-five (45) calendar days from the date of birth. Such notification shall include medical documentation.

D.       The Committee agrees that one (1) member designated by the Association will, upon request, be granted a leave of absence for up to two (2) years without pay for the purpose of engaging in Association (local, state or national) activities. Upon return from such leave, a member will be considered as if he/she were actively employed by the Committee during the leave and will be placed on a salary schedule at the level he/she would have achieved if he/she had not been absent. Sick leave will not accumulate during the period of this leave. Notification of desire to be reinstated as a full-time teacher must be submitted to the Superintendent before April 15th for the following school year.

E.       Military leave shall be granted on request and shall be subject to state and federal statutes. Notification of desire to be reinstated must be submitted according to statutory limitations.

F.        A leave of absence without pay or increment credit of up to one (1) year will be granted, upon request, for the purpose of caring for a sick member of a teacher with professional status' immediate family. On written request, an additional one (1) year extension may be granted at the discretion of the Committee.

G.       The Committee will grant, upon request, a leave of absence without pay, increment, or sick leave accumulation to the end of the school year following the election of any member with professional status to campaign for, or serve in a state or federal public office. Notification of desire to be reinstated as a full time member must be submitted to the Superintendent before April 15th for the following school year.

H. A member with professional status may be granted a leave of absence, without pay or increment or sick leave accumulation, for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence.

I.    A leave of absence without pay will be granted, upon request, to any member with professional status who joins a full time exchange teacher program or seeks to undertake a full time program of advanced study at an accredited college or university. Upon return from such leave, a member will be placed on the salary schedule at the level which he would have achieved had he remained actively employed in the system during the period of his absence. Sick leave will accumulate at the normal rate. Notification of desire to be reinstated as a full time teacher must be submitted to the Superintendent before April 15th for the following school year.

J. A leave of absence without pay or increment may be granted upon request to members with professional status for the purpose of engaging in outside employment. The leave, if granted, shall be for a minimum of one (1) year and a maximum of two (2) consecutive years. Those who take a one (1) year leave may, at the end of the year petition to return to service with no loss of benefits, or to extend the leave for a second year.

A petition for such leave shall be made in writing to the Superintendent no later than March 15 of the year preceding the requested leave.

Such petition shall be in writing to the Superintendent and notification of approval or disapproval shall be made in writing within thirty (30) working days.

A petition to extend the initial leave or to be reinstated for the subsequent year shall be made no later than March 15 of the first year of absence.

Such petition shall be in writing to the Superintendent and notification of approval or disapproval shall be made in writing within thirty (30) working days.

K.       Other leaves of absence may be granted by the Committee.

L.       All benefits to which a member was entitled at the time of his/her leave of absence commenced will be restored to him/her upon his/her return, and he/she will be assigned to the same position which he/she held at the time said leave commenced, if available, or if not, to a substantially equivalent position.

M.      All requests will be applied for in writing at least thirty (30) days in advance and notification or approval or disapproval shall be made in writing.

ARTICLE XX

SABBATICAL LEAVES

Sabbatical leaves may be granted for study to a member of the professional staff by the Committee subject to the following conditions:

1.        Recommendation by the Superintendent of Schools.

2.        No more than one (1%) percent of the professional staff will be on sabbatical leave at any one time.

3.        Requests for sabbatical leave must be received by the Superintendent of Schools in writing no later than November 15th; application and pertinent data must be submitted no later than March 1st. Action must be taken on all such requests and applications no later than April 17th of the school year preceding the school year for which the sabbatical leave is requested.

4.        The member must have completed at least seven (7) consecutive full years of service in the Auburn School System.

5.        Members on sabbatical leave will be paid at fifty (50%) percent of their regular salary rate.

6.        The member will agree to return to employment in the Auburn School System for one (1) full year in the event of a semester's leave or two (2) full years in the event of a full year's leave. If this Agreement is broken, all money paid by the Town of Auburn to the member must be returned.

7.        Upon return from such approved leave, the member will be placed on the salary schedule as if he or she had served for the year of leave. Sick leave will not accumulate during the period of this leave.

8.        Application must be made on a form approved by the School Committee.

9.        Any member granted a sabbatical leave shall submit a written report upon completion of leave to the Superintendent. Such a report shall be made to the Superintendent describing the activities involved in the study, the benefit derived by the recipient, and projected benefits to the Auburn Public School System.

ARTICLE XXI

EXTENDED RETIREMENT BENEFITS

A. A declaration of intent to retire or voluntarily separate from employment in the Auburn School System at the end of the next school year shall be submitted to the Superintendent on a form approved by the School Committee. This form, indicating the member’s intent to retire, must be submitted on or before October 1st of the school year before the year of intended retirement or voluntary separation and will include notification of the sections of Article XX for which the member is eligible. Members will have until December 1st of the school year before the year of intended retirement or voluntary separation to rescind such letter. This provision allows for the Superintendent to prepare an accurate budget for consideration by the School Committee prior to meeting the requirement to forward a completed budget to the Town by the first week in January. Any of these requirements may be waived by mutual agreement of the member and the Superintendent.

B. For every day of attendance in excess of one hundred seventy (170) days in each year of service to the Auburn School System, a credit of one-fifteenth (1/15) of one (1%) percent of the final year's salary shall be granted as a salary adjustment for a member's final year of service before retirement or voluntary separation from the Auburn School System.

In order to be eligible to receive the sick leave buy back upon retirement two things must occur. First, the member cannot retire anytime other than the end of the school year. Second, the employee must notify the District of his or her intent to retire, not later than October 1st of the school year before he/she wishes to retire, with the option to rescind such notification by December 1st.

Assuming notification is made to the Superintendent by October 1st of the year before retirement, the sick leave buy-back payment will be made during the summer of the year of retirement.

Only members employed in the Auburn Public Schools prior to June 30, 2012 are eligible for this benefit.

If a member does not notify the Superintendent of his/her intent to retire by October 1st of the year before retirement, but retires at the end of a school year, the member will receive the sick leave buy-back in the summer one full year after retirement.

1.        This program shall be effective on September, 1972. Credit for previous service in Auburn shall be extended.

2.        The school day calendar shall be used to determine the number of days in each year of service. Days off for educator's conferences, visiting days, or other days allowed by the Superintendent, or authorized by the School Committee shall be considered as days in school.

3.        Sick leave, personal days and any unauthorized absences are not considered days of service.

4.       An adjustment of credit days shall be made by the School Committee for earned days during the last year of service.

C.       Members who have accumulated fifteen (15) years of service in the Auburn School System and who retire or voluntarily leave before age sixty-five (65) shall be paid thirty dollars ($30.00) a day for seventy-five (75%) percent of all unused sick days.

D.       Early Separation Incentive (Effective in the last School Year Prior to Retirement with Notification in the Previous School Year) - Members choosing to end employment in the Auburn School System and eligible to receive less than eighty (80%) percent and more than sixty (60%) percent according to the Teacher Retirement Option A Table, shall receive an early separation payment of fifteen (15%) percent of the last year’s base salary. This fifteen (15%) percent payment shall only apply to those four or fewer people who have already put in for this benefit on or before March 1, 2006. Effective on September 1, 2006, the percentage payment made under this Section shall be reduced to twelve (12%) percent for all people who apply for the benefit under this Section on or after March 2, 2006. Additionally, excepting the four (4) or fewer people who put in for this benefit on or before March 1, 2006 for their retirements during the 2006-2007 school year, in order to be eligible for this benefit, all other employees who wish to enjoy this benefit may only leave the District’s employ on one of two distinct days of the school year – either on the day which is precisely at the halfway point of the school year or on the last day of the school year if they wish to receive this benefit.

The number of qualified members receiving this early separation payment in any one (1) school year shall be a maximum of four (4). If there are more eligible applicants than there are available separation incentive payments, this benefit will be made available to those with the most seniority in the Auburn School System as determined under Article XXVII, Section 1 of this Agreement. Those who are eligible for the benefit, but are unable to receive it based upon the seniority provision above, will be notified by April 1 of the year previous to their separation year and may withdraw their separation notification within thirty (30) calendar days of such notice.

E.       The Auburn Education Association and the Auburn School Committee agree that it may be advantageous for the system and certain members to provide an early separation incentive.

Any member desiring such an incentive will convey his or her interest to the Superintendent and the president of the AEA.

The AEA will represent the member in negotiating the terms of the early separation settlement.

The Auburn School Committee has the option of entering into such negotiations with one or any of the interested members. The decision of the Auburn School Committee to enter or not enter into negotiations with any member shall not be subject to the grievance procedure.

Negotiations may be terminated at any time by the Auburn School Committee or the individual member. The termination decision shall not be subject to the grievance procedure, mediation, arbitration or any third party authority.

Waiver of the time requirement for notification of the intent to leave employment in the Auburn School System and become eligible to receive the extended retirement benefit in Article XX of this Agreement, shall be a component of any individual early retirement incentive settlement.

Any settlement shall be committed to writing, signed by the member and authorized representatives of the School Committee and the Auburn Education Association and will be considered part of this Agreement until such time as the provisions of the negotiated agreement have been executed. Any signed settlement may be cancelled only by mutual agreement of the School Committee and the individual member.

ARTICLE XXII

PROTECTION: ASSAULT AND ACCIDENT

A.       Members will immediately report orally all cases of assault or accident suffered by them in connection with their employment to their appropriate supervisor and submit a written report to the Superintendent of Schools.

B.       This report will be forwarded through the Superintendent to the Committee which will comply with any reasonable request from the member for information in its possession relating to the incident or the persons involved not privileged under law, and will act in appropriate ways as liaison between the member, the police and the courts.

C.       If civil proceedings are brought against a member alleging that he/she committed an assault in connection with his/her employment, the member shall request that the Committee furnish either town counsel or mutually acceptable counsel. If the Committee does not provide for such counsel and the teacher subsequently prevails in the proceeding, then the Committee will reimburse the member for counsel fees incurred by him/her.

D.       Whenever a member is absent from school as a result of personal injury caused by an assault arising out of or in the course of his employment, he/she shall be paid his/her full salary up to one calendar year less the amount of any Workmen’s Compensation award made for temporary disability due to said injury:

1.        Following a grace period of ninety (90) calendar days, such absence shall be charged to annual sick leave or accumulated sick leave.

2.        The Committee reserves the right to require a physical examination by a physician of the Committee's choosing.

E.       In the case of absence as a result of personal injury resulting from an accident arising out of or in the course of his employment, he/she shall be allowed full pay minus whatever Workmen's Compensation payments he/she may receive for the first thirty (30) calendar days which shall not be deducted from his/her accumulated sick leave allowance.

1.       If an employee is absent for this cause beyond thirty (30) calendar days, he/she will continue to receive regular school pay minus Workmen's Compensation payments to the limit of his/her accumulated sick leave allowance.

2.    The Committee reserves the right to require a physical examination by a physician of the Committee's choosing.

ARTICLE XXIII

DUES DEDUCTION/AGENCY FEE

A.       The Committee agrees to deduct from the salaries of its employees dues for the Auburn Education Association, Massachusetts Teachers' Association or the National Education Association, or any one of such Associations as said members individually and voluntarily authorize the Committee to deduct, and to transmit the monies promptly to such Association or Associations. Member authorizations will be in writing and will remain in effect for the effective dates of this contract.

B.       The Committee agrees to require as a condition of employment pursuant to the provisions of General Laws, Chapter 150E, Section 12, and current rules and regulations of the Massachusetts Labor Relations Commission, an agency service fee from those members of the bargaining unit who are not members of the Auburn Education Association/MTA/NEA.

Said Agency Service Fee will be required on or after the 30th day following the beginning of their employment or thirty (30) days following the date of execution of this Agreement (whichever date is later). Said fee shall be in the amount equal to allowable expenditures of the Auburn Education Association/MTA/NEA as determined by current regulations of the Massachusetts Labor Relations Commission. However, in no event shall the fee exceed seventy-five (75) percent of the annual dues of the Association, the Massachusetts Teachers Association and the National Education Association.

ARTICLE XXIV

GRIEVANCE PROCEDURE

A.       INTRODUCTION

1.        It shall be the firm policy of the Committee to assure every member an opportunity to have the unobstructed use of the grievance procedure without fear of reprisal or without prejudice in any manner to his/her employment status.

2.        The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the salary or working conditions of members provided for in this Agreement.

3.        Nothing herein contained will be construed as limiting the right of any member having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.

B.       DEFINITIONS

1.        A "grievance" is a claim based upon an event or condition which affects the salary and/or conditions of employment of a member or group of members and/or the interpretation, meaning or application of any of the provisions of this Agreement, or any subsequent agreement entered into pursuant to the Agreement.

2.        A “member with a grievance” is the person or persons making the claim.

3.        A "party in interest" is the member or members making the claim and any member who might be required to take action or against whom action might be taken in order to resolve the claim.

C.       GENERAL PRINCIPLES

1.        Providing neither a time nor a monetary restriction is imposed on the party in interest, the resolution of a grievance shall be sought through administrative channels through level II.

2.        Any party in interest may be represented at all stages of the administrative review or the grievance procedure by a member of his/her own choosing. When a member is not represented by the Association, the Association shall have the right to be present and to state its views on or after Level II.

3.        Both parties agree that these procedures will be kept as informal and confidential as may be appropriate. All proceedings will be accomplished with the least possible publicity by maintaining professional confidences so as to curtail any adverse effect on the school system or its members.

D.       PROCEDURE

1.        Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

2.        During the regular vacation periods, one (1) day per five (5) days shall be added to the time sequences for the Grievance Procedure steps.

3.        In the event a grievance is filed on or after June 1st which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon as thereafter as is practicable.

4.        If in the act or condition on which the grievance is based occurs between the first calendar day of July and the last calendar day of August, the effective date shall begin as of the first calendar day of September.

5.        In those grievances involving a group or class of persons in the building, the Association will submit the grievance to the building principal, thus commencing the grievance procedure at Level I. The Association may process such grievances through all levels of the grievance procedure even though the aggrieved group does not wish to do so.

6.        If in the judgment of the Association, a grievance affects a group or class of persons beyond one school building, the Association may submit such a grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level II.

7.        If a member with a grievance does not file a grievance in writing and the written grievance is not forwarded to the Superintendent within thirty (30) calendar days after the person knew or should have known of the act or condition on which the grievance is based, then the grievance will be considered as waived.

8.        The failure of a member or members with a grievance to initiate or to proceed to the next step of the grievance procedure within the time limits set forth shall be deemed to be an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the particular grievance. The failure of an administrator at any step to communicate his/her decision to the member with a grievance within the specified time limits shall permit the member with a grievance to proceed to the next step.

E.       PROCEDURAL STEPS

Decisions rendered at Levels I, II and III of the grievance procedure will be in writing, setting forth the decision and the reasons therefore, and will be transmitted promptly to all parties in interest. Decision rendered at Level IV will be in accordance with the procedures set forth below.

1.        Informal Level: A person with a grievance will first discuss it with his principal and/or immediate supervisor, either directly or through the Association's Representative, with the objective of resolving the matter. If a resolution is not reached within ten school days, then the member may choose to proceed to Level I.

2.        Level I: The member with a grievance presents a written statement of his/her grievance to the principal and/or immediate supervisor within five (5) school days of the non-resolution date at the Informal Level. A copy of the Level I grievance should be provided to the Association and the Superintendent of Schools.

The principal and/or immediate supervisor gives a written decision to the member with a grievance within ten (10) school days of receipt of aggrieved member's statement. A meeting between the member with a grievance and his/her principal or immediate supervisor should be held to encourage potential resolution of the grievance at Level I.

3.        Level II

(a) If the aggrieved person is not satisfied with the disposition of the grievance at Level I, or if no decision has been rendered within ten (10) school days after the presentation of the grievance, the member with a grievance may choose to elevate the grievance to Level II, notifying both the Association and Superintendent of the grievance in writing with the Association within five (5) school days after the decision at Level I.

(b) The Superintendent will represent the Committee at this level of the grievance procedure. Within five (5) school days after receipt of the written grievance by the Superintendent, the Superintendent will meet with the member with a grievance in an effort to resolve it. The Superintendent shall render his/her decision in writing to the member and the Association within ten (10) school days after the meeting.

4.        Level III

(a) If the member with a grievance is not satisfied with the disposition of his/her grievance at Level II, or if no decision has been rendered within ten (10) school days after he/she has first met with the Superintendent, the person may file the grievance in writing with the Association within five (5) school days after a decision by the Superintendent. Within five (5) school days after receiving the written grievance, the Association will refer it to the School Committee.

(b): Within ten (10) school days after receiving the written grievance, the Committee will meet with the member with a grievance for the purpose of resolving the grievance. The ultimate decision on the grievance at Level III will be rendered by the School Committee.

(c) This Level III of the grievance procedure shall not apply to matters which under the Educational Reform Act of 1993 are within the jurisdiction of the Superintendent of Schools. As to such matters, the member with a grievance may, within fifteen (15) days after meeting with the Superintendent, request in writing the Association to submit the grievance to arbitration.

5.        Level IV

(a)  If the member with a grievance is not satisfied with disposition of his/her grievance at Level III, or if no decision has been rendered within ten (10) school days after he/she has first met with the School Committee or Superintendent, if it involved a matter under the Ed Reform Act which is within the jurisdiction of the Superintendent of Schools, he/she may, within five (5) school days after a decision is rendered, request in writing the Association to submit his/her grievance to arbitration. If the Association determines that the grievance is meritorious and that submitting it to arbitration is in the best interests of the Auburn School System, it may, by written notice to the Committee, submit the grievance to binding arbitration within fifteen (15) school days after receipt of a request by the member with a grievance.

(b) Within ten (10) school days after such written notice of submission to arbitration, the School Committee, or their representative, and the Association will agree upon a mutually acceptable arbitrator or arbitrators and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators shall be made to the American Arbitration Association in the selection of an arbitrator.

(c) The arbitrator so selected will confer with representatives of the School Committee and the Association and hold hearings promptly and will issue his/her decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date of the final statements and proofs are submitted to him/her unless extended by mutual agreement. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning and conclusions on issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violation of the terms or extends the terms of this Agreement. The arbitrator shall be without power to modify, alter, add to, or subtract from the provisions of this Agreement. The decision of the arbitrator will be submitted to the School Committee and to the Association.

(d) The cost for the services of the arbitrator, including per diem expense, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the School Committee and the Association.

6.        The award of the arbitrator shall be final and binding upon all parties, subject to the following conditions:

(a) The arbitrator shall make no award for grievances initiated prior to the effective date of this Article.

(b)  The arbitrator shall have no power to add to, subtract from, or modify this contract or the legal prerogatives of the School Committee and the Charter, Ordinances and Statutes concerning the School Committee either actually or effectively.

(c) The arbitrator shall only interpret such items and determine such issues as may be submitted to him by the written agreement of parties.

(d) Grievances may be settled without precedent at any stage of the procedure until the issuance of a final award by the arbitrator, upon mutual agreement.

(e)  Appeal may be taken from the award to the Worcester Superior Court.

7.        Appeal from the arbitrator's award may be made to the Superior Court on any of the following bases, and said award will be vacated by the Court and another arbitrator shall be appointed to determine the merits if:

(a)  The award was produced by corruption, fraud, or other undue means.

(b)  There was evident partiality by an arbitrator, appointed as a neutral, or corruption by the arbitrator, or misconduct prejudicing the rights of any party.

(c) The arbitrator exceeds his powers by deciding the case upon the issues other than those specified in section 6 (b) and (c), or exceed his jurisdiction by deciding a case involving  non-grievable  matters,  or  rendered  an  award  requiring  the  School

Committee, its agents or representatives, or the grievant to commit an act to engage in conduct prohibited by law as interpreted by the Courts of this Commonwealth.

(d) The arbitrator refused to postpone the hearing upon a sufficient cause being shown therefore, or refused to hear evidence material to the controversy or otherwise so conducted the hearing as to prejudice substantially the rights of a party.

(e) There was no arbitration agreement on the issues that the arbitrator determined, the parties having agreed only to submit those items to arbitration as the parties had agreed to in writing prior to the appellant party did not waive his/her objection during participation in the arbitration hearing.

8.        Waiver, Admission and Termination

(a) Waiver - Failure of a member with a grievance to comply with any of the provisions of this Article shall be deemed to be a waiver of the right to seek resolution of the grievance under the terms of the Agreement. In determining whether there has been such failure to comply with any of the provisions of this Article, time shall be deemed to be of the essence, and any failure of the member with a grievance to comply with any of the time limits prescribed herein shall be deemed to be such failure to comply with the provision of this Article: provided that the time limits prescribed herein may be extended in any specific instance by mutual written agreement of the parties.

(b) Admission - The resolution of a grievance by the School Committee, or any of its designees, shall not be deemed to be an admission by the School Committee that the grievance has, for any other purpose or proceeding, standing as a grievance, or be an admission by the School Committee or any violation or breach of the terms of this Agreement, or be an admission by the School Committee that such grievance is cognizable or justifiable according to any applicable provisions of the laws of the Commonwealth.

(c) Termination - If any member and/or members of the bargaining unit shall initiate in any administrative forum other than the Labor Relations Commission or in any judicial forum any proceeding that relates to any matter that is the subject of a grievance in respect of which such member or members is or are the grievant while any proceeding in respect of such grievance is pending, the proceeding shall terminate as of the date of the initiation of such other administrative or judicial proceeding and the grievance procedures aforesaid shall be inapplicable to such grievance.

9.        Release time for members of the bargaining unit - It is understood that grievances will ordinarily be processed during working days; the parties therefore agree that, whenever the work schedules of the grievant, of any Association representative and of any material witnesses who are members of the bargaining unit so require, such participants shall be given so much release time from their scheduled work assignments as the Superintendent shall determine is necessary for attendance at any hearing, meeting or other procedure that shall be required for the processing of any grievance.

10.      Any grievance and/or other legal action initiated prior to the effective date of this Agreement shall follow the procedures under which it originated.

ARTICLE XXV

NO STRIKE - NO LOCKOUT

A.       Neither the Association nor any of its agents nor any of its members will individually, collectively, concertedly, or in any manner whatsoever engage in, incite, participate in, aid or condone, whether directly or indirectly, any strike, sit-down, stay-in, slowdown, work stoppage, withholding of services or other interference with delivery of services, or resort for relief to any form of self help or other direct or indirect action which would have the effect of depriving the Auburn School System of contractual services during the term of this Agreement and the Auburn School Committee agrees that during the term of this Agreement it will not lockout any of the employees covered by this Agreement.

B.       The Auburn School Committee retains the right to discharge or otherwise discipline employees in the bargaining unit who have given direction to, either negatively or positively, or have in any manner and to any extent committed acts prohibited by the provisions of this Article. The Auburn School Committee shall have the right to discipline all or any employees and to administer different penalties, or to refrain from taking such disciplinary action for violations of the provisions of this Article. The association shall have the right to protest and appeal any action constituting discipline administered to an employee by the Auburn School Committee under this paragraph; however, the only issue which can be the subject of a grievance is limited to whether or not the employee has, to any extent, committed acts prohibited by the provisions of this Article.

C.       If any controversy or dispute of any nature arises between the Auburn School Committee, their employees and unions representing these employees or attempting to represent such employees, and further that if any controversy or dispute of any nature arises between the Management of any company performing work for the Auburn School Committee and/or on Auburn School Department premises, or for the School Committee under other conditions, their employees covered by this Agreement and the unions representing those employees or attempting to represent such employees, or any company which supplies materials to the School Department, their employees or attempting to represent such employees, such controversy or dispute shall not affect in any way the rights and obligations of the parties herein established by this Agreement; and if any such controversy or dispute results in or threatens to result in any strike, stoppage of work, or other interference with the delivery of services, the Parties hereto agree to abide by all the provisions of this Article (No Strike - No Lockout clause) of this Agreement and to fulfill their obligations in accordance with the terms of this Agreement.

D.       Neither the violation of any provision of this Agreement nor the commission of any act constituting an unfair labor practice or otherwise made unlawful by any federal, state or local law shall excuse employees, the Association of the Auburn School Committee from their obligations under the provisions of this Article.

E.       The Auburn School Committee retains the right to recover from the Association and the Association retains the right to recover from the School Committee such damages as either may suffer by reason of a violation of the provisions of this Article through the grievance and arbitration procedures as established by this Agreement.

ARTICLE XXVI

SAVING CLAUSE

If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by the law, but all other provisions or applications will continue in full force and effect. The parties shall at that time enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section.

ARTICLE XXVII

STABILITY OF AGREEMENT

The failure of the School Committee or the Association to insist in any one or more incidents, upon performance or any of the terms or conditions of this Agreement, shall not be considered as a waiver by the Committee or the Association of any such term or condition, and the obligation of the Committee and the Association to such future performance shall continue in full force and effect.

ARTICLE XXVIII

REDUCTION IN FORCE

Reduction in force (RIF) is the process by which one or more members with professional status are laid off. The Auburn School Committee and the Auburn Education Association agree that the primary consideration in RIF shall be a balance between the maintenance of a sound educational program consistent with the functions and responsibilities of the School Committee and the retention of members with professional status based on seniority. These procedures do not change or modify conditions already noted in the current ASC/AEA Agreement.

INTRODUCTION

A.       In the event it should become necessary for the School Committee to reduce the number of members through RIF, initial reductions shall be accomplished through normal attrition. The order for RIF shall be as follows:

1.  Temporary employees;

2.  Teachers without professional status

3.  Teachers with professional status.

B.       If it becomes necessary to reduce the number of members with professional status through RIF, such reduction shall be accomplished in order of least seniority in the Auburn School System and shall apply to all active members.  Those members who have the least seniority shall be RIF’d first.

C. Certified shall mean that the member has on file with the Superintendent’s Office, evidence that he/she possesses from the Massachusetts Department of Elementary and Secondary Education certification in the appropriate area. Evidence must be furnished to the Superintendent’s Office no later than the expiration date for challenges to the official seniority list.

I.  SENIORITY

Seniority shall be determined by a teacher's length of uninterrupted service in years, months, and calendar days as teacher in the Auburn School System as determined first, by the initial date of service, and if these be equal, second, from the date of appointment by the Superintendent.

1.        Except for military leave, a member on leave of absence shall be considered as an active member for purposes of RIF.

2.        Only those leaves of absence granted for less than one year, military leaves, and sabbatical leaves shall be credited toward seniority.

3.        All other authorized leaves shall not interrupt service but shall not be credited toward seniority.

4.        When it becomes necessary to reduce the number of tenured members (RIF), such reduction shall be accomplished in the order of least seniority in the Auburn School System.

5.        Should seniority as defined in this section be equal, a determination of which member shall fill a position shall be made by lottery.

II. REDUCTION IN FORCE

A RIF'd member with professional status shall be allowed to replace another member with professional status who has less seniority in any teaching position or vacancy for which the RIF'd member is certified.

An annual seniority list by certification and level will be prepared by the Superintendent and forwarded to the President of the Association no later than October 31 of each year. If no challenge to the list is made within 30 days of the receipt of this list, the list will stand and the order thereon be followed for any staff reduction to take place during that year. The list will be in the following format:

Name

Date of Hire

Certification(s)

Expiration

III. RECALL

Members who are RIF'd will be considered for re-employment during the school year they are laid off plus the following school year, and they will be considered in reverse order of layoff to fill openings as such openings arise.

1.        RIF'd members with professional status shall be given the opportunity to fill any open teaching positions for which they are certified.

2.        It shall be the responsibility of members who are RIF'd to notify the School Department of their current address and of their desire to be recalled if openings arise.

3.        A seniority list shall be available to the Association.

ARTICLE XXIX

STANDARD RATE

The Standard Rate shall be twenty-five dollars ($25.00) per period or per hour, whichever is applicable. This rate will apply for before and after school supervision, time spent covering for a member in her/his absence, for members’ required attendance at professional development trainings offered outside of the regular school calendar or work day, or for payment to members for school-sponsored tutoring, whether provided at school, in a hospital, or in the student’s home.

ARTICLE XXX

STANDARD SUMMER SCHOOL RATE

The Standard Summer School Rate shall be $35.00 per hour. This rate recognizes the need for members to plan and execute lessons, assess student progress and convey the same in writing and/or verbally to the Summer School Director, Building Principal and the students’ parents.

ARTICLE XXXI

INSURANCE

Members of the collective bargaining unit shall be covered by the Town’s health insurance plan in accordance with Chapter 32B of the Massachusetts General Laws.

ARTICLE XXXII

TERM OF AGREEMENT

This Agreement shall be in full force and effect for a term of three (3) years, beginning July 1, 2012 and ending June 30, 2015.

A. In the event that the School Committee proposes a different manner of scheduling students and/or teachers, the pertinent provisions of this Agreement will be re-opened by the parties to accommodate the new scheduling programs.

APPENDIX A

BASIC SALARY SCHEDULE PLACEMENT

I.         Placement on the salary schedule shall be made in accordance with the requirements for the level of professional training as defined by this Agreement. The number of years of creditable experience shall be determined by the Superintendent. When a member changes either of these conditions, adjustments shall be made effective in September of the next school year.

II.        There shall be three (3) major categories of professional training:

1.  Bachelor's Degree

2.  Master's Degree

3.  Master's Degree plus thirty (30) graduate hours

III. All graduate level courses for which a member is seeking either reimbursement or eventual salary advancement credit, must be approved by the Superintendent prior to the class beginning.

IV.      In order to be eligible for either course reimbursement or salary advancement, the member must provide evidence from the college or university that a grade of 3.0/B or higher was earned.

V.       Approved graduate credits accrued by each member for salary credit shall be recorded by September 1st of each year in the personnel file of each teacher at the Office of the Superintendent of Schools. Each member will be responsible for furnishing evidence substantiating his earned credits and for reporting changes in degree status.

VI.      A differential payment shall be paid at each step of the Bachelor level upon completion of fifteen (15) credits approved by the Superintendent of Schools and completed prior to September of the year such increment shall become effective.

VII.     Placement on the Master's schedule may be accomplished either through an earned Master's degree or upon completion of thirty (30) credits approved by the Superintendent of Schools. To be valid for salary credit, all courses shall have been approved prior to student matriculation and completed prior to September of the year such increment shall become effective.

VIII.    Placement on the Master’s Degree plus fifteen (15) graduate hours step (M+15) may only be accomplished by the completion of an approved Master’s Degree program and 15 pre-approved graduate credits beyond that degree.

Members currently employed by the Auburn Public Schools and at the B.A. +45 step as of June 30, 2009 will not be subject to this provision.

IX.    Placement on the Master's Degree Schedule plus thirty (30) graduate hours may be accomplished in any of three (3) ways:

1.        Completion of an earned Certificate of Advanced Graduate Study (C.A.G.S.) in the discipline taught or a related discipline.

2.        Completion of a Master's degree earned after the Master's degree schedule has been attained in the discipline taught or a related discipline.

3.        Completion of thirty (30) hours of graduate study, after completion of a Master's Degree, in the discipline taught or a related discipline, with prior approval of the Superintendent, at any accredited institution of higher learning. The Superintendent's determination under this section may be appealed to the School Committee. The finding of the School Committee shall not be subject to the grievance procedure.

X. A differential payment shall be paid at each step of the Master's level upon completion of fifteen (15) credits beyond an approved Master’s Degree program. Members currently employed by the Auburn Public Schools and at the B.A.+45 step on June 30, 2009 will be exempt from this requirement.

XI. A differential of one thousand five hundred ($1,500.00) dollars will be paid to all members of the bargaining unit who have been awarded a Doctorate degree from an accredited institution of higher learning.

XII. A differential of one thousand ($1,000.00) dollars will be paid to members of the bargaining unit who have successfully completed and have been awarded the credential of National Board Certified Teacher.

XIII. To be eligible for advancement on the salary schedule, professional staff must submit written notification of expected course or program completion to the Superintendent of Schools by October 1st preceding the placement on advanced salary schedule. Placement on advanced salary schedule shall be effective at the beginning of the school year following receipt of notification to the Superintendent of Schools and successful completion of coursework.

XIV. In order for non-professional status members to advance on the salary schedule, they must be certified, per Department of Elementary and Secondary Education (DESE) criteria, in the area to which they are assigned. In addition, if a member is on a waiver or is working toward his/her full certification, as required by the DESE, his/her years of service do not count toward seniority, nor toward professional status, until such certification is in place. A member who maintains appropriate certification for 91 days or more in a given school year is said to have been certified for that year, thus earning salary advancement, a year toward professional status, and seniority.

BASIC SALARY SCHEDULE PLACEMENT

Placement on the salary schedule shall be made in accordance with the level of professional training as defined by this Agreement. Members have the ability to move horizontally on the salary schedule one, two or three (1, 2 or 3) columns based on their successful completion of academic credits. Members will be allowed to move one (1) step a year as they move vertically on the salary schedule.

The below scenarios assume compliance with Appendix A, X, as noted above.

Examples: A member has fifteen (15) years of experience in Auburn. The member is now on BA Step 7 for the 2011-2012school year. He/she has completed an additional fifteen (15) credits of professional study. During the 2012-2013 school year the teacher will be placed on the BA +15 level, Step 8. (Such movement assumes the required form for a lane change has been received by Central Office on or before the due date.)

A member has twenty (20) years of experience and is presently placed on the MA schedule Step 11 for the 2011-2012 school year. A member who completes thirty (30) credits or another MA within the year would be placed on the MA30 level at Step 12. This member would have moved over two (2) columns but advanced one (1) step. (Such movement assumes the required form for a lane change has been received by Central Office on or before the due date.)

Placement on the salary schedule shall be made in accordance with the requirements for the level of professional training as defined by this Agreement. For the purpose of initial placement only, the number of years of creditable service shall be determined by the Superintendent. When a member changes either the level of professional training or their years of experience, adjustments shall be made effective in September of the next school year.

APPENDIX B

LONGEVITY SCHEDULE

A. Those members who have completed fifteen (15) years of creditable teaching experience in the Town of Auburn shall be paid longevity increments according to the approved schedule. Payments shall be cumulative and shall commence as of September of the year following the completion of the creditable years of teaching in the Town of Auburn.

15 Years

$200 (initial)

20 Years

$200 ($400 cumulative)

25 Years

$200 ($600 cumulative)

30 Years

$200 ($800 cumulative)

35 Years

$200 ($1,000 cumulative)

B.       The Longevity Schedule shall not be applicable to any contract member entering the Auburn School System after September 1, 1977.

APPENDIX C

(1.5% increase to be made in the 2014-2015 school year)

Position

FY 13

FY 14

FY 15

AV Coordinators

 

 

 

Senior High

936

936

950

Middle School

732

732

743

High School Guidance Counselors (4) (1 wk before and after)

1461

1461

1483

Middle School Guidance Counselors (2) (1 wk before and after)

1461

1461

1483

AMS/AHS Team Chairperson (1 week before and after)

1461

1461

1483

Teacher in Charge (elementary 4)

1213

1213

1231

Psychologist (2) (eliminate for new hires as of 7/1/02)

1315

1315

1335

High School Technology Facilitators (2)

816

816

828

Middle School Technology Facilitators (2)

816

816

828

Elementary Technology Facilitators (4 - 1 each school)

816

816

828

High School English Department Head

3392

3392

3443

High School Science Department Head

3392

3392

3443

High School Social Studies Department Head

3392

3392

3443

High School Math Department Head

3392

3392

3443

APS Fine Arts Director

3392

3392

3443

Middle/High School Foreign Language Department Head

3392

3392

3443

Middle/High School Tech/Engineering Department Head

3392

3392

3443

Middle School English Curriculum Coordinator

2550

2550

2588

Middle School Science Curriculum Coordinator

2550

2550

2588

Middle School Social Studies Curriculum Coordinator

2550

2550

2588

Middle School Math Curriculum Coordinator

2550

2550

2588

High School Guidance Department Chair

3392

3392

3443

Middle School Guidance Department Chair

2550

2550

2588

Middle School Unified Arts Curriculum Coordinator

2550

2550

2588

High School Student Council Advisor (2)

1530

1530

1553

High School Student Government: We the People (2)

612

612

621

High School Music Activities

1550

1550

1573

Robotics Club Advisor

612

612

621

Rocket Band

1142

1142

1159

Freshman Class Advisor (2)

765

765

776

Sophomore Class Advisor (2)

1020

1020

1035

Junior Class Advisor (2)

1275

1275

1294

Senior Class Advisor (2)

1530

1530

1553

Cauldron Advisor (2)

1275

1275

1294

Cauldron Business Manager

816

816

828

Launch Pad Advisor

1122

1122

1139

Math Team Advisor (2)

663

663

673

National Honor Society (2)

918

918

932

H.S. School Store Manager (1)

816

816

828

High School Ski Club

612

612

621

Middle School Ski Club

612

612

621

High School Students for the Environment

510

510

518

High School SADD Advisor

612

612

621

High School Link Crew Advisor

612

612

621

High School Model UN Advisor

612

612

621

Invisible Children Advisor

612

612

621

High School Graduation Assistant

306

306

311

Varsity Club Advisor

612

612

621

Science Olympiad Advisor

612

612

621

Amnesty International Advisor

510

510

518

Fish and Game Advisor

510

510

518

High School Play Director (2)

1530

1530

1553

High School Musical Director

1530

1530

1553

High School Pit Orchestra Director (play)

1059

1059

1075

High School Tech Director (play)

1059

1059

1075

Video Yearbook Advisor

1224

1224

1242

High School Drama Club Advisor

510

510

518

International Club

612

612

621

Alliance for Basic Dignity Club Advisor (2)

255

255

259

All-Town Children’s Choir Director

1632

1632

1656

High School Jazz Choir Director

663

663

673

High School Jazz Band Director

1632

1632

1656

High School Select Choir Director

816

816

828

Middle School Play Director

1530

1530

1553

Middle School Audio Visual Club

612

612

621

Middle School Play Musical Director

612

612

621

Middle School Play Assistant Musical Director

255

255

259

Middle School Play Choreographer

350

350

355

Middle School Select Choir Director

816

816

828

Middle School Jazz Band (director)

816

816

828

Middle School Art Club

800

800

812

Middle School Newspaper (2)

420

420

426

Middle School Great Books Advisor (2)

550

550

558

Middle School Student Council Advisor (2)

362

362

367

HS Chess Club

612

612

621

WGBH Quiz Show Advisor

612

612

621

HS SAFSA Advisor (2)

250

250

254

HS Best Buddies Advisor (2) (Rocket to Rocket)

612

612

621

Mentors

1020

1020

1035

Middle School Yearbook

638

638

648

Middle School Math Team Advisor (2)

663

663

673

Mentor Coordinators (2)

1530

1530

1553

**Standard Rate

25

25

25

HS Photography Club

612

612

621

SPED Dept. Head (H.S.)

3392

3392

3443

Middle School Sped Curriculum Coordinator

2550

2550

2588

GREEN DOME Literary Magazine (1 HS)

612

612

621

ELL Liaison

1000

1000

1015

Science Materials Lead Teachers (2 at elementary)

255

255

259

** See Article XXVII for when Standard Rate applies

Standard Rate and Standard Summer School payments for academic, both school year and District-sponsored summer academic programming, and "during the day supervision" should be factored into early retirement.

* Appendix C adjustments, equal to the average increase for the three-year agreement, shall be made in the final year of each contract, assuming it is for a minimum three-year term.

As part of their supervisory responsibilities and with appropriate training, department heads/curriculum coordinators will be required to conduct classroom observations and lead follow-up discussion with department colleagues around teaching and learning and district and building-based curriculum and professional development initiatives. At a minimum, department heads/curriculum coordinators will observe each member within his/her department once per trimester, however they are encouraged to visit more often the classrooms of any non-professional status teachers to provide additional guidance as our goal is to fully support all teachers, especially those new to the profession or to the Auburn Public Schools. Any notes taken during observations will be given only to the teacher. Such discussions between department heads/curriculum coordinators and department members will not be part of the formal evaluation system.

During the terms of this contract all club/activities advisors will complete an activity/club job description form to be sent to the central office. A format will be distributed by the Superintendent’s Office.

Where appropriate, all club/activities advisors will be required to develop and implement an evaluation/feedback form yearly, approved by administration. A summary of those results shall be forwarded to administration.

Any new/proposed clubs/activities must receive prior approval from administration and School Committee before implementation. Requests are to be made in writing through administration on the appropriate form.

Additional after-school clubs/activities at the ratio of one club/activity per 100 students.

The club/activity would have to be:

The club/activity advisor would be paid the average rate or going rate of most of the other clubs in Appendix C ($600), or pro-rated because of the shorter time frame.

The number of clubs to be added in a given year is to be determined by the Superintendent of Schools, with notification provided to the Auburn Education Association (AEA) via posting.

2012-2013

0% COLA ($750 for BA Step 7 and BA +15 Step 7; 2% for MA, MA +15, and MA +30)

Step

BA

BA+15

MA

MA+15

MA+30

1

42196

43770

46508

48142

49539

2

43040

44645

47439

49345

50822

3

44008

45761

48625

50578

53152

4

44990

47363

51055

51842

55484

5

47371

48043

53609

54435

60146

6

48142

50699

56825

57157

61895

7

52117*/

53825*/

58813

60015

63643

 

52867**

54575**

 

 

 

8

 

 

60872

63016

65235

9

 

 

62699

65638

66865

10

 

 

65489

68284

68537

11

 

 

67808

70388

70936

12

 

 

68152

71805

73064

13

 

 

69514

73178

75256

14

 

 

72664*/

75032*/

77137*/

 

 

 

74117**

76533**

78680**

*For those members moving a step at the start of this school year (in the BA and BA+15 columns, those members moving from Step 6 to Step 7; in the MA, MA+15 and MA+30 columns, those members moving from Step 13 to Step 14) they will receive this salary amount.

**For those members who were already at Step 7 in the BA or BA+15 columns; or at Step 14 in the MA, MA+15 or MA+30 columns at the end of the 2011-2012 school year, they will receive this salary amount.

2013-2014   1% COLA

Step

BA

BA+15

MA

MA+15

MA+30

1

42618

44208

46973

48623

50034

2

43470

45091

47913

49838

51330

3

44448

46219

49111

51084

53684

4

45440

47837

51566

52360

56039

5

47845

48523

54145

54979

60747

6

48623

51206

57393

57729

62514

7

53396

55121

59401

60615

64279

8

 

 

61481

63646

65887

9

 

 

63326

66294

67534

10

 

 

66144

68967

69222

11

 

 

68486

71092

71645

12

 

 

68834

72523

73795

13

 

 

70209

73910

76009

14

 

 

74858

77298

79467

2014-2015   1.5% COLA

Step

BA

BA+15

MA

MA+15

MA+30

1

43257

44871

47678

49352

50785

2

44122

45767

48632

50586

52100

3

45147

46912

49848

51850

54489

4

46122

48555

52339

53145

56880

5

48563

49251

54957

55804

61658

6

49352

51974

58254

58595

63452

7

54197

55948

60292

61524

65243

8

 

 

62403

64601

66875

9

 

 

64276

67288

68547

10

 

 

67136

70002

70260

11

 

 

69513

72158

72720

12

 

 

69867

73611

74902

13

 

 

71262

75019

77149

14

 

 

75981

78457

80659

SIDE LETTER

IMPACT OF SCHOOL CONSTRUCTION

This letter is to confirm that the School Committee recognizes that on-going construction on the schools may from time to time affect working conditions of teachers. Accordingly, the Committee agrees that upon request of the Association, it will promptly make arrangements for its representatives to negotiate with Association representatives over any construction related impacts on working conditions identified by the Association.

SIDE LETTER

The AEA and the School Committee agree to continue discussions about potentially altering select AEA members’ schedules, to better address student needs, once more formalized proposals are in place. Such discussions will not constitute a full reopening of the contact.

MEMORANDUM OF AGREEMENT

BETWEEN

AUBURN SCHOOL COMMITTEE

AND

AUBURN EDUCATION ASSOCIATION/ MTA/NEA

(Regarding Settlement Agreement dated June 9, 2009)

(2012)

WHEREAS, the Auburn Education Association/MTA/NEA (the “Association”) and the Auburn School Committee (the “School Committee”) are parties to a Collective Bargaining Agreement covering the period July 1, 2009 to June 30, 2012;

WHEREAS, on or about June 9, 2009, the Association and the School Committee entered into a Settlement Agreement (the “Settlement Agreement”) which provided for resolution of two unfair labor practice charges filed by the Association against the School Committee regarding changes in the Town of Auburn’s health insurance premium contribution rates (Case Nos. MUP-06-4811 and MUP-06-4812);

WHEREAS, the Association and the School Committee have negotiated regarding changes to the Settlement Agreement;

NOW, THEREFORE, the Association and the School Committee agree that the Settlement Agreement shall be modified, as follows:

1.  The parties agree that notwithstanding any provision to the contrary in the Settlement Agreement, effective July 1, 2013, all bargaining unit members who participate in the Town’s individual health insurance plans shall pay a premium percentage contribution rate of 24% (i.e., the Town pays 76% and the bargaining unit member pays 24%) for an individual health insurance plan; provided, however, that effective upon the date of execution of this Agreement through July 1, 2013, if bargaining unit members who have no insurance or those who currently participate in a family plan of insurance either enroll in or change to an individual plan of insurance, those bargaining unit members shall be required to pay the current premium contribution rate of 24%.

2.  The parties further agree that Article XXX, Health Insurance of the Collective Bargaining Agreement will be amended by deleting the existing language and inserting the following language in place thereof:

Members of the collective bargaining unit shall be covered by the Town’s health insurance plan in accordance with Chapter 32B of the Massachusetts General Laws.

This Agreement has been executed by the duly authorized representatives of the Auburn School Committee and the Auburn Education Association/MTA/NEA.

AUBURN SCHOOL COMMITTEE                             AUBURN EDUCATION ASSOCIATION

by ____________________________                                 By: ______________________________

Dated:__________________________                          Dated: ___________________________

MEMORANDUM OF AGREEMENT

This Agreement, is entered into by and among the Educational Association of Auburn (hereafter "AEA") and the Auburn Public Schools (hereafter "District")

WHEREAS the Department of Elementary and Secondary Education (DESE) has adopted new regulations pertaining to the evaluation of educators covered under the collective bargaining agreement between the Association and the District; and

WHEREAS the Department of Elementary and Secondary Education has developed and provided a model evaluation tool/process to meet the above mentioned regulations; and

NOW, THEREFORE, the Association and District hereby agree to the following:

1.         The DESE model evaluation tool/process will be implemented to replace the current evaluation tool used by the Auburn Public Schools.

2.         The implementation of the DESE model will take place beginning in the 2012-2013 school year and be fully implemented within the timelines established by the DESE regulations.

3.         As noted in the model contract language provided by DESE and adopted by mutual agreement of both parties (AEA and the District), "the parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties."

EXECUTED under seal this 25th day of May, 2012.

__________________________________________          ______________________________________

Maryellen Brunelle, Ed.D., Superintendent of Schools                      Jeffrey Berg, AEA President