Mendon-Upton

Show detailed information about district and contract

DistrictMendon-Upton
Shared Contract District
Org Code7100000
Type of DistrictRegional K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2012
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyWorcester
ESE RegionCentral
Urban
Kind of Communityresort/retirement/artistic
Number of Schools4
Enrollment2856
Percent Low Income Students5
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Mendon-Upton

 

 

 

 

 

 

 

Mendon-Upton Regional School District

 

 

And

 

 

Mendon-Upton Regional Teachers Association

(Extended by MOA to June 30, 2012)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2008 - 2011


 

ARTICLE 1

 

1   RECOGNITION

 

1.1  For the purpose of collective bargaining with respect to wages, hours, and other conditions of employment, the Mendon‑Upton Regional School Committee (hereinafter referred to as the Committee) recognizes the Mendon‑Upton Regional Teachers Association (hereinafter referred to as the Association) as the exclusive bargaining agent and representative of all professional teaching employees (including school nurses, guidance counselors and unified media specialist), but excluding Superintendent of Schools, Per Diem substitute teachers, and all other managerial employees of the Regional School Commit­tee as defined in M.G.L. Chapter 150E or any other subsequent statute which defines or clarifies the term “managerial employees.”

 

 

1.2  The professional employees will be divided into three (3) units hereinafter called Unit A, B and Unit C.  Unit A is to include all teachers, certified service providers, head teachers, guidance counselors, curriculum assistants, and media specialists.  Unit B is to include Dean of Students. Unit C is to include school nurses.  Units A, B and C will be represented by the Professional Rights and Responsibilities Committee of the Mendon‑Upton Regional Teachers Association.

 

                           ARTICLE 2

 

2 NEGOTIATION PROCEDURE

 

2.1  The Committee agrees to enter into negotiations with the Association in a good faith effort to reach agreement concerning wages, hours, and conditions of employment for all employees covered in Units A, B and C.  Any agreement so negotiated will apply to all employees covered under Units A, B and C and will be reduced to writing and signed by the Committee and the Association.

 

2.2  During negotiations, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counter proposals.  Either party may, if it so desires, utilize the services of outside consultants and designate a repre­sentative for the purpose of collective bargaining.

 

2.3  If the negotiations described in Sections 2.1 and 2.2 have reached an impasse, the procedure described in M.G.L. Chapter 150E will be followed.

 

2.4  The Committee agrees not to negotiate matters applicable to employees covered by this agreement with any organization other than that designated as the exclusive bargaining agent pursuant to Article 1 herein and M.G.L. Chapter 150E.  The Committee further agrees not to negotiate with any organization other than the Association in regard to changes in wages, hours, or other conditions of employment to become effective during the term of this agreement.

2.5  This agreement is a complete agreement between the parties for the term hereof covering all mandatory subjects of bargaining.  All matters not dealt with herein shall be treated as having been brought up and disposed of and neither party to this agree­ment shall be under any obligation to negotiate with the other any modification or addition to this agree­ment which are to be effective during the term thereof.

In the event any changes are mutually agreed to between the Committee and the Association, they will be reduced to writing, signed by the Committee and the Association representative and become addenda to this agreement.

 

                           ARTICLE 3

 

3 MANAGEMENT RIGHTS

 

3.1  The Committee is a public body established under and with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this contract shall be deemed to derogate from or impair any power, right or duty conferred upon the Committee by statute or any rule or regulation of any agency of the Commonwealth.  The Superintendent is the chief executive and administrative officer of the District pursuant to the provisions of Chapter 71 and nothing in this contract shall be deemed to derogate from or impair any power, right or duty conferred upon the Superintendent or statute or any rule or regulation of the Commonwealth.  As to every matter not specifi­cally mentioned or provided for in this agreement, or as to all matters in conflict with the powers, rights, or duties conferred by statute, rule or regulation of any agency of the Commonwealth on the School Committee or Superintendent, the Committee, and Superintendent shall retain all powers, and any inherent powers, rights and duties that they have by law and may exercise any such power in their discretion without any exercise being made the subject of a grievance procedure.

 

                           ARTICLE 4

 

4 GRIEVANCE PROCEDURE

 

4.1  A “grievance” is an alleged violation of a specific provision of this agreement, or any dispute over the interpretation, meaning or application of the terms thereof.  The aforementioned definition neither limits the Association or the Committee from bringing up for discussion and possible agreement any other differences which might arise between the parties hereto, nor prevents any teacher from individually presenting any grievance or difference through regular administrative channels.  However, it is mutually agreed that any such differences shall not be referable to the grievance and arbitration provisions of this agreement without the mutual consent of both parties hereto.  A grievance must be presented within eleven (11) school days of the time of the occur­rence of the grievance or the date the grievant knew or should have known of its occurrence, whichever is later, and must be processed in accordance with the steps, time limits, and conditions as set forth below in this article.

 

STEP 1. The grievance shall first be taken up between the aggrieved employ­ee(s) and his/her principal, or immediate superior.  The employee may request that the Association’s representative be present.

 

STEP 2. If the aggrieved person(s) is not satisfied with the dispo­sition of his/her griev­ance or if no decision has been rendered within five school days from the date of such meeting, the grievance shall be filed in writing with the princi­pal or superior.  The grievance must state the names of the parties, the date the principal or superior was approached, the alleged facts pertaining to the grievance and the applicable provisions of this agreement.  The principal or superior may meet with the parties to the grievance and the Association’s representative but in any case shall answer the grievance in writing within five (5) school days after receipt of the written grievance.

 

STEP 3. If the aggrieved person is not satisfied with the disposi­tion of his/her grievance, or if no decision has been rendered within five school days after written presentation of the grievance, s/he may file the grievance in writing with the Chairman of the Association’s Professional Rights and Responsibilities Committee (hereinafter referred to as the “P.R. & R.”) within five school days after receipt of the principal’s or supervisor’s written decision or ten school days after the written griev­ance was presented, whichever is sooner.  The P.R. & R. shall then have five school days to review the matter and state its position to the grievant and the principal.

 

STEP 4. The grievant, if not satisfied, with or without the P.R. & R. in his/her behalf, shall bring the grievance to the Superin­tendent of Schools in writing within five school days of the P.R. & R. review.  The Super­intendent shall, within five school days after receipt of the written grievance, meet with the griev­ant, the Chairman of the P.R. & R., and the Association President and attempt to settle the grievance.  The Superintendent shall give a written an­swer to the grievant, the princi­pal or supervi­sor, and the Association within five school days after the date of such meeting.

 

STEP 5. If the written answer of the Superintendent does not satisfy the grievant, or if no decision is rendered by the Superintendent within ten (10) school days after receipt of the grievance by the Superinten­dent, and if the grievance is not a matter subject to M.G.L. Chapter 71 Section 42 or 42D, the grievant may present the grievance in writing to the Com­mittee within five (5) school days after receipt of the Superintendent’s answer or within ten (10) school days after presenta­tion of the griev­ance to the Superintendent, whichever is sooner.  The Grievant may meet with the Committee at its next regular meeting to discuss the grievance in exec­utive session.  S/he may be represented by counsel and/or the Association if s/he so states in the appeal.  The Commit­tee shall answer the grievance in writing within ten (10) school days after the conclu­sion of the meeting.

 

STEP 6. The Committee’s answer shall be considered accepted unless within five school days after receipt thereof the Association notifies the Committee in writing of its inten­tion to take the matter to arbitration pursuant to Article 5.

 

4.2  In the event that any grievance relates to an alleged act or failure to act by the Superin­tendent of Schools or by the Committee the grievance may be initiated at STEP 4.

 

4.3  Any grievance filed but not resolved to the satisfaction of one or more of the interest­ed parties prior to the end of the school year shall be continued to be processed in accor­dance with the steps, time limit, and conditions set forth above except that the term “school day” shall be read to mean “weekday” and the time limits may be adjusted by mutual agreement to insure the availability of all necessary participants. 

 

4.4  If the grievant or the Association fails to carry a grievance to the next step within the prescribed time limit, it shall be deemed closed on the basis of the last written answer.  If the principal or supervisor, Superintendent or Com­mittee fails to answer a grievance within the prescribed time limit the grievance shall be deemed automatically advanced to the next step.

4.5  The Association may initiate action on behalf of a group of grievants if they so request.

 

4.6  No reprisals of any kind will be taken by the School Committee or by any member of the administration against, any member of the P.R. & R., or any other participant in a grievance by reason of such participation.

 

4.7  All documents, communications, and records dealing with the processing of a griev­ance will be filed separately from the personnel files of the participant.

 

4.8  Unless parties mutually agree otherwise, all meetings for the purpose of discus­sion of the grievance shall be held before or after the school day.  An effort will be made to schedule meetings at mutually convenient times.

 

4.9  Forms for filing grievance, service notices, taking appeals, making reports and recom­menda­tions, and other necessary documents will be jointly pre­pared by the Superinten­dent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

 

4.10  The Committee or Superintendent will, upon request, provide the Association with the approved minutes of School Committee meetings together with any public documents to the extent permitted by Massachusetts General Laws Chapter 39, Section B, which may be necessary for the Association to process grievances under this agreement.  The Association will, upon request, provide the Committee or Superintendent with the agenda, minutes of Association meetings, and any other documents relevant to the processing of a grievance.

 

                           ARTICLE 5

 

5 ARBITRATION

 

5.1  In the event either party elects to submit a grievance to arbitration, the arbitrator shall be selected according to and shall be governed by the follow­ing procedure:  The arbitrator is to be mutually selected by the Committee and the Association.  If the Committee and the Association cannot agree within seven school days after written notice of intention to arbitrate has been received by either party, then the party demanding arbitration shall within five school days, thereafter, upon written notice to the other, request the Ameri­can Arbitration Association to provide a panel of arbitra­tors, said arbitrator then to be selected under provisions of the Voluntary Labor Arbitra­tion Rules.  The parties may by mutual agreement submit the griev­ance to the State Board of Conciliation and Arbitra­tion in accord with its rules and regula­tions.

 

5.2  Each party shall bear the expense of its representatives, participants, witness­es and for the preparation and representation of its own case.  The fees and expenses (if any) of the arbitrator and the American Arbitration Association shall be shared equally by the parties provided that the obligations of the Committee or the Association to pay shall be limited to the obligation which the Committee or the Association can legally undertake in that connec­tion.

 

Not withstanding anything to the contrary, no dispute or controversy shall be a subject for arbitration unless it involves only an alleged specific provision of this agreement; the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this agreement.  The parties are agreed that no restrictions are intended on the rights and powers of the Committee except those specifically and directly set forth in express language in specific provisions of this agree­ment.  The arbitrator shall arrive at his/her decision solely upon the facts, evidence and contentions presented by the parties during the arbitration proceed­ings.  The decision of the arbitrators shall be submitted to the Committee and to the Association and shall be binding on both parties.  In determining whether there is a specific and direct violation of express language of a specific provi­sion of this agreement, it is agreed that the only criterion to be applied is the plain meaning of express language in the agreement, and that evidence of past practice, past or present policy or oral statements made during negotia­tions or at any time either of the parties shall be inadmissible to prove the meaning of express language, and shall not be considered by the arbitrator.

 

 

ARTICLE 6

 

6 CONTINUITY OF EMPLOYMENT

 

6.1  The teachers agree that strikes are prohibited.  The Association agrees not to induce, encourage, condone, or sanction any strike, walkout, slow‑down, work stoppage, sick‑out, or withholding of services.  The Committee agrees to bargain in good faith.

 

 

                           ARTICLE 7

 

7 TEACHING HOURS AND TEACHING LOAD

 

7.1  The work year of returning teachers under a ten (10) month contract (other than any newly employed or first year personnel who may be required to attend orienta­tion sessions) will begin no earlier than the Monday prior to Labor Day and terminate no later than June 30.  If school begins prior to Labor Day, the Friday before Labor Day will not be a school day.  One day at the beginning and one day at the end of the school year may be utilized for orientation purposes and/or checking out.  One day may also be used as a District in-service day.  The work year shall not exceed one hundred eighty-four (184) days, unless the State Board of Education requires more than that number.

 

7.2  During the term of this agreement, it is the intention of the Association and School Commit­tee memorialize the start and end times of the teacher day:

 

  High School – 7:20 AM to 2:20 PM

  Middles School – 8:10 AM to 2:47 PM

  Elementary School – 9:00 AM to 3:30 PM

                           

It is the intention of the School Committee to retain the starting and dismissal time for the students, as well as to memorialize the current practice for the teachers. These schedules may be adjusted as the Superintendent deems necessary in light of current conditions, including bus transporta­tion and after notification to the Association with an explanation for the reasons involved.

 

7.3  All professional development courses not scheduled during the regular school day are voluntary.

 

7.4  All teachers will have a duty‑free lunch period equal to the length of a single student lunch period.  All members of the bargaining unit may leave the building on orientation days or other days when the cafeteria is not serving lunch.

 

7.5 The teaching load of teachers assigned to Nipmuc High School will be planned for not more than twenty‑five (25) teaching periods or the equivalent, nor less than five (5) preparation periods per week, exclusive of supervisory duties assigned by the principal. Any additional class periods may be taught by mutual agreement of the teacher and the principal.  In the event of a change in the structure of the class schedule, the provisions of this section shall be extrapolat­ed and applied to the new schedule.

7.6   Open House and Parent/Teacher Conferences attendance is mandatory.  Teachers will receive compensatory time for mutually agreed to evening activities. 

 

7.7  Teachers of grades 1‑8 will have a duty‑free preparation period during time used by specialists.  The Committee recognizes the importance of preparation period for grade 1‑8 teachers and the importance of scheduling preparation period on a daily basis.  In any event, grade 1‑8 teachers will receive a mini­mum of one (1) prep per day.  All Kindergarten teachers shall be assigned one (1) thirty (30) minute preparation per week.

 

7.8 It is agreed that the proper performance of their duties may require teachers to work a reasonable amount of time after the normal work day set forth above.  Said duties may include detentions, emergency student supervision, students requiring extra help, parental meetings, and consulta­tions with other professionals and/or administra­tors. 

 

Scheduled release time shall continue to be provided for Fall Parental Conferences for teachers in grades PreK-12.

 

 

7.9 The teachers acknowledge the significance of extracurricular and other student activi­ties (such as the sponsorship of clubs, participation in class activities, etc.) in the total educational program, and shall continue to partici­pate voluntarily in such activities in accord with past practice.

 

7.10 The Committee and administration will make every effort to provide qualified substitute teachers whenev­er a regular or special teacher is absent.

 

7.11 Job sharing, in accordance with the following, shall be available to all members of the bargaining units represented by the Association.

 

 Job sharing definition:  For the purpose of this Article, “job   sharing” shall be defined as the allocation of all the duties of one full-time teaching position between two (2) teachers with professional status and within the school system such that the cost of job sharing does not exceed the cost of one teacher.  The division of these duties shall be in accordance to the terms set forth below.

 

Application:  Teachers interested in job sharing shall jointly submit a job sharing proposal to the appropriate building principal no later than February 1st of the school year preceding the school year during which the job is to be shared provided that each teacher has attained professional status on the first day of the school year in which the job share is to occur. The proposal shall set forth the following details:

 

a. The position to be shared.

b. The manner in which the job is to be shared; e.g. the percentage of the job each will work.

c. How teachers will receive the health insurance benefit; not to exceed the current costs.

d. Any other relevant information to the implementation of the proposal such as substitutes.

 

Granting:  The proposal shall be reviewed by the building principal and the superintendent who shall notify the teachers of their decision, with the reason for granting or denying, no later than May 15th.  The decision whether or not to allow the job-sharing proposal shall not be grievable or arbitrable.

 

Conditions:  In the event that the job-sharing proposal is approved, the following conditions shall apply:

 

a. Both teachers will work the first, second and last day of the student’s school year.

b. Both teachers will attend Open Houses.

c. Both teachers will attend all Parent/Teacher Conferences and all staff meetings.

d. In the event that one of the teachers is absent, the partner will make every reasonable effort to cover the class.  On such days, the partner teacher shall either be paid his/her per diem rate of pay or shall be granted an equal amount of compensatory time.  (For these purposes, the per diem rate of pay shall be defined as 1/184th of the partner teacher’s annual salary.)  Subject to review of the superintendent, the building principal shall designate which option shall be implemented.

e. The partner teachers shall be considered to be part-time employees and as such shall be entitled to all the rights and privileges of other Unit A, B or C members subject to the following:  Where applicable, benefits shall be pro-rated (e.g. each teacher shall receive on-half of his/her salary and shall receive either fifteen (15) half sick days or one half (7.5) full sick days); and the cost of health insurance to the district shall not exceed the cost of health insurance for one teacher.

 

Term:  The term of the job-sharing shall be for one school year, and the partner teachers shall return to their respective assignments beginning with the school year following the school year during which the job was shared.  If the partner teachers wish to extend the job sharing beyond one school year, they shall apply in accordance with the Application provision of this article.

 

                           ARTICLE 8

 

8 CLASS SIZE

 

8.1 The Committee and the Association recognize that class size is an important factor in good education and the safety of all students and will, whenever possible, subject to space availability and all other educational considerations, ensure that class size is of the most effective nature for both teacher and pupil.  However, the final decision as to class size will be made by the Committee.

 

                           ARTICLE 9

 

9 TEACHER ASSIGNMENT

 

9.1 The controlling factor in the assignment and transfer of teachers and other staff shall be the instructional requirements of the school system, the building, and its pupils as finally decided by the Superintendent of schools.

 

9.2 Any change of programs from the prior school year, including the schools to which they will be assigned, the grades and/or subjects that they will have, as soon as practicable and under normal circumstances not later than June 1st.

 

9.3 In order to ensure that pupils are taught by teachers working within their areas of competence, teachers will be assigned, only temporarily and for good cause, outside the scope of their teaching certificates and/or their major or minor fields of study unless mutually agreed by the teacher and the administrator involved.

 

9.4 In arranging schedules for professional employees who are assigned to more than one school, an effort will be made by the administrators to limit the amount of inter‑school travel during the school day.  Such professional employees who are assigned to more than one school in any one school day will receive reim­bursement of thirty-five cents per mile or whatever is allowable by the Internal Revenue Service as deductible, which ever is greater.

 

9.5 Teacher assignments will be made without regard to race, age, religion, national origin, gender, color, sexual orientation, disability and/or marital status.

 

                          ARTICLE 10

 

10 TRANSFERS AND VACANCIES

 

10.1 When an involuntary transfer is necessary, each professional employee’s (1) area of compe­tence, (2) major and/or minor field of study, (3) quality of perfor­mance, and (4) length of service in the Mendon‑Upton Regional School District will be considered in determining which such employee is trans­ferred, such transfer to be a comparable position to that already held by the employee so far as is reasonably possible.  An involuntary transfer will be made only after a meeting between the employee involved and the Superin­tendent or his/her designee, at which time the employee will be notified of the reasons in writing for the transfer and the consider­ation, if any, given to each of the matters enumerated above.

 

10.2 Written notice of an involuntary transfer shall normally be given teachers no later than May 15th.  It is recognized that unusual circumstances may dictate the need for involun­tary transfer after that date.  In such cases, the teachers shall be notified as soon as possible.

 

10.3 Teachers who desire a change in grade and/or subject assignment or who desire transfer to another building shall submit a written request to the Building Principal stating the assignment preferred.  Such statement shall include the grade and/or subject to which the teacher desires to be assigned or the school to which s/he wishes to be transferred.  Requests must be submitted by March 1st prior to the school year in which the transfer is requested.  Requests must be renewed each year.  All requests shall be acknowledged in writing by May 15th.  The final decision rests with the Superintendent.

 

10.4 In the event it becomes necessary to reduce the number of employees included in the bargaining unit in Article 1, employees shall be laid off in the following order:

 

10.4.1 To the extent possible and practical, normal attrition will be the method first used to reduce the number of positions in those classifications and/or depart­ments in which reductions are necessary.  That is, employees who resign, retire, or who otherwise terminate their employ­ment shall not be replaced.  Also included in this paragraph are those of non‑­professional status teachers whose employ­ment, in conformity with the law, the Superintendent possesses exclusive discretion to renew or not to renew.

 

10.4.2 If it is not possible to reduce Unit A by the above factors, reductions will first be made among those teachers in the departments and/or classifica­tions to be reduced who have attained professional status, provided there are teachers on professional status who are certified to fill those positions within respective depart­ments and/or classifi­cations affected by the reduc­tion.

 

10.4.3 A professional status teacher (Unit A) whose position is reduced shall be allowed to transfer to a position in another department and/or classification held by a n­on‑professional status teacher, provided said teacher is certified to fill the position.

 

10.5 If a reduction in teaching staff results in the layoff of a professional status teacher included in Unit A, B, C,or a nurse included in Unit C the order of layoff shall be on a departmental of classification basis.  The teacher or employee whose date of original employment in a permanent position in the Mendon‑Upton Regional School District is most recent shall be the first to be laid off, provided that the qualifications of the employees with greater seniority are equal to the employee to be laid off.  The words “qualified” or “qualifica­tions” are used in this agree­ment mean possessing requisite certification required by M.G.L. C. 71 Section 38G.

 

 

10.6 A professional status teacher (Units A and B) whose position is reduced shall be allowed to transfer to a position in another department and/or classification held by a teacher with less seniority provided such employee is certified to teach in that area.

 

10.7 An employee affected by reduction in staff shall be notified no later than June 1st of the school year preceding the year in which the reduction is to take place.

 

10.8 Professional status employees who have been laid off shall be entitled to recall rights to positions that they had previously performed and for which they continue to be quali­fied in the Mendon‑­Upton Regional School System for a period of three (3) years from the effective date of their respective layoffs.  During the recall period, employees shall be notified by certified mail to their last address of record.  Termination shall occur if the employee fails to report to work, or fails to respond in writing to the notice of recall, within two weeks of delivery to the last address of record.  Laid-off employees shall be hired before other applicants for vacant positions as they occur in the inverse order of their respective layoff and all benefits to which an employee was entitled at the time of layoff, if still in effect, shall be restored in full upon re‑employ within the recall period.  During the recall period, teachers that have been laid off shall be given prefer­ence on the substitute list if they so desire.

 

                          ARTICLE 11

 

11  ADVERTISING OF PROMOTIONS AND OTHER VACANCIES

 

11.1 Whenever any vacancy in any position occurs, it will be publicized by the Superintendent by means of an email to all staff at least ten(10) calendar days in advance of the appointment.  In the notice, the qualifications for the job classification and its duties will be clearly set forth.  During the months of July and August, notice of any such position will be emailed to all Bargaining Unit members at their school email address.  The Superintendent will make every effort to post all other vacan­cies as soon as they occur for a minimum period of ten (10) days prior to appoint­ment.

 

11.2 All teachers will be given an opportunity to make application for such positions, and the Principal agrees to give due weight to the professional background and attainments of all applicants.  Preference will be given to an applicant from within the system if his/her educational qualifications, experience, and potential for the position are, in the opinion of the Superinten­dent and the Principal, equal to those of any other applicant.  It is recognized that the filling of the aforemen­tioned positions is by law the sole responsibil­ity of the Superintendent acting upon them with the recommendation of the Principal.

 

11.3 Appointments will be made without regard to race, age, religion, national origin, gender, color, sexual orientation, disability and/or marital status.

 

 

                          ARTICLE 12

 

12  PERSONNEL FILES

 

12.1  Teachers will have the right, upon request, to review the contents of their person­nel file.  A teacher will be entitled to have a representa­tive of the Association accompany him/her during such review, and to receive a copy of anything in the file.

 

                          ARTICLE 13

 

13  DISCIPLINE

 

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

 

13.2 Any complaint regarding a teacher’s performance as observed during an evalua­tion shall be made known to the teacher as required by the evaluation process.  The evaluator may advise the principal and superin­tendent. 

 

13.3 In the case of any complaint received by the administration, a teacher will be promptly notified of the complaint, the source of the complaint and the disposition of the complaint.  The Association recognizes the authority and responsibility of the Principals for disciplining or reprimanding a teacher for delinquency of professional performance.  This should be done private­ly.  If a teacher is to be disciplined or reprimanded by a member of the administration above the level of principal, it is to be done only after a consultation with the principal

 

13.4 A member of the Bargaining Unit shall be entitled to have a representative of the Association, if s/he chooses, when s/he is required to meet with the administrative personnel for an alleged infraction of discipline or delinquency in professional performance which the member believes may result in the imposition of disci­pline. 

 

13.5 No teacher will be disciplined, dismissed, reprimanded, reduced in rank or compensa­tion, or deprived of any professional advantage without just cause. The parties agree that this provision does not apply to the non‑reappointment of non‑professional status teachers nor those teachers on a ninety (90) day probationary period.

 

13.6 Management action relating to teachers shall be in conformance with State statutes. 

 

ARTICLE 14

 

14  SALARIES

 

14.1  The salaries of all persons covered by the agreement shall consist of two compo­nents:

 

14.1.1 Basic salary

 

14.1.2 Extra-duty compensation

 

14.2 The salary shall be in accordance with the Appendices attached hereto and made a part hereof.

 

14.3 Evidence of degree status is required of all teachers on employment or on receipt of a degree.  Adjustments upon change in educational attainment will be made twice annually, at the beginning of the school year and in February.  Notification of expected change in educational attainment must be given by the last day of August or January in order to take effect the first day in September and February respectively.

 

14.4 All members of the bargaining unit shall be paid their annual salary in either twenty-two (22) or twenty-six (26) equal payments.  If an employee elects to receive twenty-six (26) checks, s/he may receive a lump sum, which may constitute several checks at the end of the fiscal year, which payment satisfies the Committee’s obligation to make 26 payments.  Staff members will notify the business office of their proposed method of receipt of payment on or before July 1 of each fiscal year.

 

14.5 All employees are eligible to participate in the Direct Deposit Program.

 

14.6  High School Guidance Counselors shall be available as in the past for service a maximum of five (5) days before the opening and five (5) days after the closing of the school year.  For each day of service, each counselor shall be compensated at his/her per diem rate.  The administration will make a good faith effort to notify the effected guidance counselors at least two weeks prior to the close of school and two weeks prior to the opening of school as to the number of days they will be working and when this work shall be completed.  The parties acknowledge that the days worked will be at the discretion of the administration. 

 

                          ARTICLE 15

 

15  SICK LEAVE

 

15.1 Each professional employee working under contract will be allowed fifteen days of sick leave annually at full pay for personal illness cumulative to 165 days.

 

15.2 In appropriate cases, a physician’s certificate may be requested by the Committee to affirm the nature of the illness and/or that the staff member has recovered sufficiently to warrant returning to school after a two (2) week absence.

 

15.3 Upon written request by any professional employee, a statement of unused sick leave will be provided.

 

15.4 A teacher on leave granted pursuant to and subject to the terms and conditions of Massachu­setts General Laws Chapter 149, Section 105D, may utilize during such leave any accumulated sick leave to which s/he is entitled up to a maximum of eight (8) weeks under the following terms and conditions:

 

15.4.1 The teacher continues to work until such time as s/he is physically disabled from working.  The Committee may require the teacher to produce medical certification of disability as aforementioned.

 

15.4.2 The teacher returns to work as soon as s/he is no longer disabled from working.  The Sick Leave Bank Committee may request additional medical certification selected and determined by the Sick Leave Bank Committee that the teacher is able to work.

 

15.5 Upon retirement or resignation, a professional employee with a minimum of fifteen (15) years of service in the Mendon‑Upton Regional School System shall be paid $35.00 per day in unused accumulated sick days not to exceed 165 days.  In case of the death of an employee, such money will be paid to the beneficiaries.

 

15.6 Teachers may utilize up to five (5) days of their earned sick leave per year to care for sick members of their immediate families. Immediate family is construed to include only parent, parent-in-law, grandparent, grandchild, wife, husband, domestic partner, child, brother or sister, or person residing in the immediate household as approved by the Superintendent of Schools.

 

 

ARTICLE 16

 

 

16  SICK LEAVE BANK

 

16.1 A Sick Leave Bank will be established for use by members of Bargaining Units A, B, C, Custodians and Secretaries who have exhausted their own accrued sick leave and have a prolonged and/or serious illness or injury.  Participation is mandatory by all Bargaining Unit members.

 

16.1.1 Initially, each member of the Bargaining Unit shall contribute one (1) day from his/her sick leave accumulation to the Sick Leave Bank in order to fund the Bank.  In the event the Sick Leave Bank is reduced to twenty nine days or less, the Bargaining Unit shall replenish the Sick Leave Bank in the current year by contributing one (1) or more days per Bargaining Unit member.  No more than three (3) Sick Leave Bank days shall be contributed from Bargaining Unit member’s sick leave accounts in any one school year.  At no point shall the Sick Leave Bank contain more days than three (3) times the number of members in the Bargaining Unit.  Sick Leave Bank days unused in one school year shall be carried over into the next school year at the number of days remaining in the Bank or one hundred (100) days, whichever is the smaller amount.  In each succeeding year by September 1, the Association shall notify the Bargaining Unit members and the Superintendent of the initial yearly contribution to be made to the Sick Leave Bank by the Bargaining Unit’s members.  At a minimum, the yearly starting contribution will be one (1) day for each Bargaining Unit member.  Effective September 1 and thereafter, those Bargaining Unit members who are new to the system shall contribute the number of days so designated by the Bargaining Unit as the current year’s minimum contribution.

 

16.1.2 Those Bargaining Unit members who, during the course of the year do not have a sufficient number of days to cover an additional sick day contribution requested by the Association will be allowed to borrow from the succeeding year and then repay the district in the succeeding year.  In the event an employee borrows from a succeeding school year and leaves the district prior to repaying said days, the number of days owed the district will be deducted from the sick bank.

 

16.1.3 The Sick Leave Bank shall be administered by a Sick Leave Bank Board consisting of five members. Two members will be designated by the School Committee to serve at its pleasure, and two members will be designated by the Association to serve at its pleasure.  The fifth member shall be appointed annually on a rotating basis, by the first day of the school year on which teachers are required to report for work, by the Committee or the Association.

 

16.1.4 Any initial grant by the Sick Leave Bank Board shall not exceed thirty (30) days. If an individual’s need continues, reapplication to the Sick Leave Bank Board may be made for subsequent extensions up to a maximum of thirty (30) days each.  Days not used from the sick leave grant will be returned to the Sick Leave Bank upon the return to regular duty.

 

16.1.5 A Bargaining Unit member who has received a grant from the Sick Leave Bank will, upon return to their regular duties, receive five (5) five sick leave days from the Sick Leave Bank to be used in the event of an illness during the remainder of the school year.  Unused days from the returning five day grant will be returned to the Sick Leave Bank on the last day of school.

 

16.1.6 Subject to the provisions of this Article, the Sick Leave Bank Board shall use the following criteria in administering the Bank and determining eligibility and the amount of leave to grant.

 

16.1.7 Adequate medical evidence, including diagnosis and prognosis, of serious and/or prolonged illness or injury and expected date of return to work.  This information shall remain confidential with the Sick Leave Bank Board.

 

The Sick Leave Bank Committee may not act without submission of a physician’s statement, except that the physician’s statement may be submitted after the granting of days in cases of emergencies as determined by the Sick Leave Bank committee.  After an initial grant of thirty (30) days to an individual, the Sick Leave Bank Committee may have the applicant examined by a second physician selected by the Sick Leave Bank Committee, the cost of which will be paid for by the School Committee.  The Sick Leave Bank committee may ask for additional medical verification, as it deems necessary.

 

16.1.8 The decision of the Sick Leave Bank Board with respect to eligibility and entitlement shall be final and binding and not subject to appeal except for reconsideration to the Sick Leave Bank Board itself, nor shall it be subject to grievance and/or arbitration.

 

 

In administering the Sick Leave Bank, the Sick Leave Bank committee may consider a recipient’s undue delay in processing retirement or other termination of employment on account of disability or illness.

 

 

                          ARTICLE 17

 

17 TEMPORARY LEAVES OF ABSENCE

 

17.1 Members of Units A, B, and C will be entitled to the following temporary paid leaves of absence each school day with the approval of the Superinten­dent.

 

17.1.1   Three (3) days without loss of pay shall be available to unit members for personal reasons which require absence during school hours in accordance with the follow­ing procedure:

 

17.1.1.1 Notification for such days must be made at least seven (7) days in advance of the date on which the absence is anticipated (except in cases of emergency).

 

17.1.1.2 Such days shall be granted for the conduct of, but not limited to, legal business, religious holidays, wedding of an immediate family member (mother, father, brother, sister, child or legally adopted child), attendance at academic exercises or professional activities of a primary interest to the staff member or of value to the school system.

 

17.1.1.3 Two (2) additional days may be granted at the discretion of the Superinten­dent whose consent to such request shall not be unreasonably withheld.

 

17.1.1.4 The parties do not intend or contemplate that personal days may be used to extend vacations or holiday weekends unless such days are utilized for one of the accept­able purposes stated above.  If a day is requested to extend vacations or holiday weekends, it may be granted without pay.  Vacations should not be scheduled prior to the 185th day on the school calendar to ensure that the school year is completed.

 

17.1.2 A unit member shall be allowed time nec­essary for appearance in any legal proceed­ing connected with the teacher’s employ­ment with the school system.

 

17.1.3 A unit member shall be allowed time necessary up to a maximum of ten days per school year for persons called into temporary active duty of any unit of the U.S. Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session and a statement to that effect is obtained from the unit commanding officer.  Salary for the period of leave shall be adjusted to equal the difference between the service pay (less travel) and the teacher’s regular salary. 

 

17.2 Staff members attending approved conferences, accompanying students on field trips, or participating in educational activities relating to the program of the School District shall be considered to be working on behalf of the District with no deduction of compensa­tion or leave time.  The Committee agrees to allocate funds for such activi­ties that are educationally meritorious.  All such activities must be approved in advance by the Superintendent or any other appropriate administrator.

 

17.3  Up to five (5) school days at any one time in the event of death in the immediate family.  Immediate family is construed to include only parent, parent-in-law, grandparent, grandchild, wife, husband, domestic partner, child, brother or sister, or person residing in the immediate household as approved by the Superintendent of Schools.  Three (3) days shall be provided in the event of the death of a brother-in-law or sister-in-law.

17.4  A temporary leave of absence will be granted for teachers called to jury duty.  A teacher granted leave under this section shall be paid regular compensation for the period of such leave, less the compensation received by him/her for serving on the jury.

 

17.5  All requests for such leave must be made in writing to the principal as far in advance as possible, so that appropriate steps can be taken to secure a substitute for such person while on leave.

 

                              

 

ARTICLE 18

 

18 EXTENDED LEAVES OF ABSENCE

 

18.1  A leave of absence without pay of up to two (2) years will be granted to any teacher who serves as an exchange teacher, and is a full‑time participant in such a program.  Upon return from such leave the teacher will be considered as if s/he were actively employed by the District during the leave and s/he will be placed on a salary schedule at the level s/he would have achieved if s/he had not been absent.  If the teacher does not plan to return, the Superintendent must be notified by April 1 of the school year prior to the September the teacher is intended to return.

 

18.2  Military leave without pay will be granted to any teach­er who is inducted or enlists in any branch of the armed forces of the United States. Upon return from such leave, a teacher will be placed on a salary schedule at the level s/he would have achieved had s/he remained actively employed in the system during the period of his/her absence up to a maximum of two years.

 

18.3  A teacher in the school system who wishes to continue employment in the school system may apply for and receive a leave of absence without pay under the following conditions:

 

18.3.1 Short‑Term Maternity Leave

 

18.3.1.1 Upon receipt of at least two weeks written notice of a teacher’s antici­pated date of departure and intention to return, the Committee shall grant a leave of absence without pay for maternity for up to eight (8) weeks in accordance with the provi­sions of Massachusetts General Laws, Chapter 149, Section 105D.

 

18.3.1.2 This leave may be extended by mutual agreement between the teacher and the Superintendent in order that a teacher who has been on short-term maternity leave status may return at an appropriate time in consid­eration of the students’ program(s) (such as the beginning of a semester, begin­ning of a marking term, or after a vacation period), or when absence due to medical complications resulting from the preg­nancy extends beyond the eight (8) weeks in 18.3.1.1 above.

 

18.3.1.3 A female teacher who takes an eight (8) week leave pursuant to the provisions of Massachu­setts General Laws Chapter 149 Section 105D may use accumulated sick leave as set forth in 15.4 of this agreement.

 

18.3.2  Extended Child‑Rearing Leave

 

18.3.2.1 Under normal conditions, the Superintendent shall be notified in writing not later than ninety (90) days before the anticipated com­mencement of the leave.

 

18.3.2.2 Said extended child rearing leave should begin at a time correspond­ing to the beginning of a new semester (or other appropriate time such as after a vacation period or marking period) provided that, up to this time, the teacher can perform normal duties satisfactorily.

 

18.3.2.3 Said extended child rearing leave shall be without pay and shall termi­nate either the first of September following the birth of the child or the following Septem­ber 1st.  A teacher may return earlier if the teacher and the Committee so agree.  Extensions of leave may be granted at the discretion of the Committee.

 

18.3.2.4 A leave of absence without pay or increment of up to one year will be granted for the purpose of caring for a newly adopted child.

 

18.3.2.5  The teacher must notify the Superintendent by the first of April of the year in which the leave expires of his/her intention to return in Septem­ber, apply for an extension, or to retire from the school system.  Failure to comply with this requirement will be considered as his/her resignation from the school system.  Upon return from such leave, the teacher will be assigned to her former position or to as comparable a position as possible.

 

18.3.2.6  A teacher returning from child rearing leave will be placed on a salary scale on the step held prior to withdrawal.  Such leave of absence shall not count toward professional status.  However, if a teacher is employed more than one half (92 days) of the year in which the leave commences, s/he shall be eligible for incremental credit and shall receive credit toward professional status following his/her return to active employ­ment in the Mendon‑­Upton Regional School District.

 

18.3.2.7  A teacher may utilize up to ten (10) accumulated sick days for adoption.

 

18.4  A leave of absence without pay or increment of up to one year will be granted for the purpose of caring for a sick member of the teacher’s immediate family.  Additional leave may be granted at the discretion of the Committee.  All members of the bargaining unit are entitled to the provisions of the Family and Medical Leave Act of 1993 if such benefits are applicable to them.

 

18.5  A teacher may be granted leave of absence, without pay or increment for up to one year for health reasons.  Requests for such leave will be supported by appropriate medical evidence.  Additional leave may be granted at the discretion of the Committee.

 

18.6 All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon return.  The returning teacher will be assigned to the same posi­tion, if available, which s/he held at the time said leave commenced.  That is providing, however, that the Committee shall not be required to restore a teacher on extended leave to his/her previous or comparable position if the returning teacher has either been laid off or would be subject to layoff pursuant to 10.4 ‑ 10.7 if reinstated.

 

18.7  A teacher may be granted up to two (2) years leave of absence for personal reasons.  Such leave will be without pay or increment.  The teacher must notify the Superinten­dent by April 1 of the year in which his/her leave expires of his/her intentions to return in September, apply for an extension, or to retire from the school system.  Failure to comply with this requirement will be considered as his/her resignation from the school system.

 

18.8  All requests for extensions or renewals of leaves will be applied for and answered in writing.

 

                          ARTICLE 19

 

19 SABBATICAL LEAVE

 

19.1  Upon the recommendation of the Superintendent of Schools, a Sabbatical Leave may be granted by the Committee for advanced study or research to teachers who have complet­ed seven (7) consecutive years of service in Mendon‑Upton Regional School District, where such experience would in the opinion of the Committee, increase the teacher’s professional ability.

 

19.2 Personnel requesting such leave must submit their applications in writing to the Superinten­dent of Schools not later than February 1 of the school year, preced­ing the school year for which the leave is requested.  Action shall be taken on such requests as soon as possible and not later than April 1.  Such leave shall commence on the first day of the school year for which the Sabbatical Leave was granted.

 

19.3  Successful applicants will receive 1/2 of the salary to which they would have been entitled.

 

19.4  Before accepting such Sabbatical Leave, the teacher shall enter into a written agree­ment in accordance with the terms of General Laws, Chapter 71, Section 41A to return to active service of the Mendon‑Upton Regional School District for a period of twice the length of such leave.  If the professional employee fails to return to the system for the specified amount of time, except in the case of permanent disability or death, s/he will refund to the District an amount equal to such proportion of service not rendered.

 

19.5  Upon return from such leave, a professional employee for salary purposes shall be considered as if s/he had been actively employed by the Committee during the leave.

 

19.6  No more than two (2) teachers will be granted Sabbaticals at any one time (no more than one at a time from each administrative level, i.e. PreK-3, 4-7 and 8-12).  However, in case the number of applications shall exceed the number of Sabbat­ical Leaves of absence that the Committee plans to grant for a particular school year, the recommen­dation of the Superinten­dent shall be made on the basis of the value of the proposed leave to the educational system of the Regional School District.

 

                          ARTICLE 20

 

20  ON THE JOB INJURY

 

20.1 Worker’s Compensation

 

    Whenever a teacher is absent from school as a result of personal injury (caused by an accident) arising out of and in the course of the teacher’s employment, the teacher will be paid by the School District the difference between the teacher’s full salary and payments received under the Massachusetts Workers’ Compensation Insurance.

 

 

                          ARTICLE 21

 

21  INSURANCE

 

21.1  The Committee will pay a portion of life and health insurance programs as described below:

 

21.1.1 Seventy-five percent of $2,000 term life insurance plan of the type in effect to all employees listed in Units A, B, and C of the Mendon-Upton Regional School District, provided that they are participants in the health insurance program offered by the District under this contract or a comparable health and accident insurance program.

 

The Association will carry a $3,000 supplementary term life insurance policy, available to Association members who are represented members of the $2,000 program described in the paragraph above. The staff member will pay cost of the supplementary life insurance.  The Committee will cooperate in administration of the program.

 

21.1.2. The Committee shall pay seventy‑five percent of individual or family coverage, whichever applies in the particular case, for Harvard-Pilgrim PPO and HMO plans of the type in effect to all employ­ees listed in Units A, B, and C of the Mendon‑Upton Regional School District.

 

21.1.3 Seventy-five percent of the cost of supplemental health insurance for employees who choose to qualify for Medicare.  Employees who retire before the age of 65 may elect insurance coverage under the terms of the Health and Welfare Trust attached hereto.

 

21.2  If two or more employees belong to a single-family unit, each will be eligible for coverage under paragraph 21.1 above.

21.3  The Parties agree to the changes in health insurance co-pays per Attachment A to this Memorandum of Agreement.

21.4  The Parties agree to study the Commonwealth of Massachusetts Group Insurance Commission Health Insurance Plan and decide by October 1, 2008 if moving forward with GIC would benefit the Regional School District and the Association.

 

ARTICLE 22

 

22 PAYROLL DEDUCTIONS

 

22.1  The Committee agrees that in accordance with the provisions of Massachusetts General Laws, Chapter 180, Section

17(c) of the Massachusetts General Laws, it will request the District Treasurer to deduct membership dues from the salaries of its teachers who, by October 1st of each school year, have voluntarily submitted a written authorization currently used by the parties hereto.

 

The Committee will incur no liability for loss of dues monies after properly depositing the same addressed to the Association in the United States Mail. The Association shall indemni­fy and save the Committee harmless against all claims, demands, suits or other forms of liability, which may arise by reason of any action taken in making deductions and remitting the same to the Association pursuant to this Section.  Beginning with the second payroll in October, deduc­tions shall be made in equal installments throughout the payroll year.

 

22.2  Pursuant to Massachusetts General Laws, Chapter 149, Section 178B, the Committee agrees that it will request the District Treasurer to deduct from the salaries of teachers who have on file with the Committee an executed Credit Union Deduction Authoriza­tion Card, an amount(s) specified for the purchasing of shares of or making deposits in, or repaying a loan from the MTA Credit Union.

 

22.3 Professional employees will be eligible to participate in the “tax sheltered” annuity plan established pursuant to Section 403(b) and 457 of the IRS Code and subject to the provisions of M.G.L. c. 71, §37B.

 

22.4    Pursuant to the provisions of Massachusetts General Laws Chapter 697 of the acts of 1987 (the Public Employee Pension Reform Act) effective January 12, 1988, the Committee agrees to:  1) Make the necessary changes in its payroll procedures to allow employee contributions to health insurance to be paid with pre‑tax earnings.

 

 

 

 

                          ARTICLE 23

 

23  DURATION

 

23.1  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 law, but all other provisions or applications will continue in full force and effect.

 

23.2  This agreement shall become effective August 25, 2008, and shall remain in effect to and including August 29, 2011.  Negotiations for a successor agreement shall com­mence no later than December 1, 2010.  The Committee will provide copies of this agreement in its final form to all teachers after review of a draft provided to the Committee by the Association within 45 days of ratification by all parties, said Committee review not to exceed 14 days.

 

 

 

ARTICLE 24

24 STAFF CONDUCT

 

 

24.1  All staff members have a responsibility to familiarize themselves with and abide by the laws of the State as these affect their work, the policies of the School Committee, their professional code of ethics and the regulations designed to implement them.

 

24.2  In the area of personal conduct, the Committee expects that teachers and others will conduct themselves in a manner that not only reflects credit to the school system, but also sets forth a model worthy of emulation by students.

 

 

24.3  All staff members will be expected to carry out their assigned responsibilities with conscientious concern.

 

24.4  Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities, which will be required of all personnel:

 

Support and enforcement of policies of the Committee and their implementing regulations and school rules in regard to students.

 

Diligence in submitting required reports promptly at the times specified.

 

Care and protection of school property.

 

Concern for and attention to their own and the school system’s legal responsibility for the safety and welfare of students.

 

24.5  No employee of the School District will engage in or have financial interest in, directly or indirectly, any activity that conflicts or raises a reasonable question of conflict with his duties and responsibilities toward the school system.  Nor will any employee engage in any type of private business during school time or on school property.

 

 

 

Article 25

25 Agency Fee

 

25.1  As a condition of employment during, the life of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay or, by payroll deduction, shall have agreed to pay to the Association as agency service fee in an amount permitted by law. Any unit member who shall have failed to fulfill this condition of employment shall be subject to dismissal and shall be so dismissed by the appropriate authority of the Mendon-Upton Regional School District, with effect no later than the end of the semester during which the authority gave notice of intent to dismiss in accordance with this Article.  The said notice shall be sent by registered mail, return receipt requested.  The Association agrees to indemnify, defend and hold harmless the School Committee, and its agents from and against any claims made against the Committee and its agents, pursuant to this Article.

 

Article 26

26 Health and Safety

 

26.1  The Committee and the Association affirm their commitment to the maintenance of an environmentally safe school system and an atmosphere conducive to teaching and learning.  To those ends, the parties agree as follows:

  1. A Health and Safety Committee (HSC) will be established consisting of two (2) representatives appointed by the School Committee and two (2) representatives appointed by the Association.
  2. Individual concerns regarding matters of health and safety shall, where applicable be brought to the immediate attention of the building principal.
  3. The HSC shall meet at least four times a year with all building principals and Association building representatives to hear concerns regarding issues of health and safety and where appropriate, investigate such matters.  In the event that the HSC determines that the investigation requires specialized services which can only be provided by an outside agency, the HSC shall request that the School committee approve the cost of such services.  Reports of the HSC shall be presented to the School Committee which shall take such reports under consideration and take such action as the School Committee deems necessary.  The HSC will be informed as to the disposition of the matter within sixty (60) days of referral to the School Committee.  If needed the HSC may meet more often than quarterly, if the need exists in order to address concerns in a timely fashion.
  4. In addition, the HSC will be encouraged to create health and safety information programs.

 


 

 

 

IN WITNESS WHEREOF, the parties to this agreement have caused these presents to be executed by their agents hereunto duly authorized, and their seals to be affixed hereto as of the ___________ day of _________, 2008.

 

 

MENDON‑UPTON REG.SCHOOL COMMITTEE   MENDON‑UPTON REG. TEACHERS ASSOC.  

 

BY:                             BY:

 

                                                        

 

                                                        

 

                                                        

 

                                                        

 

                                                        

 

                                                        

 

                                                        

 

                                                        

 

                                                        

 

                                                        

 

 


Appendix A Teachers’ Salary Schedule FY09 - FY11

 

 

 

Percentage

 

 

 

 

 

 

Increase

 

 

 

 

2.00%

2.00%

1.00%

2.00%

1.50%

0.50%

 

 

 

 

Mid Year

 

Mid Year

Applied Last Day

Bachelors

Step

2008-2009

2009-2010

2009-2010

2010-2011

2010-2011

2010-2011

1

 

$39,823

$40,619

$41,025

$41,846

$42,474

$42,686

2

 

$41,702

$42,536

$42,961

$43,820

$44,477

$44,699

3

 

$44,607

$45,499

$45,954

$46,873

$47,576

$47,814

4

 

$46,563

$47,494

$47,969

$48,928

$49,662

$49,910

5

 

$48,654

$49,627

$50,123

$51,125

$51,892

$52,151

6

 

$50,743

$51,758

$52,276

$53,322

$54,122

$54,393

7

 

$52,561

$53,612

$54,148

$55,231

$56,059

$56,339

8

 

$55,033

$56,134

$56,695

$57,829

$58,696

$58,989

9

 

$57,241

$58,386

$58,970

$60,149

$61,051

$61,356

10

 

$59,808

$61,004

$61,614

$62,846

$63,789

$64,108

11

 

$61,304

$62,530

$63,155

$64,418

$65,384

$65,711

Bachelors +30 (change to Bachelors +15 in FY08)

Step

2008-2009

2009-2010

2009-2010

2010-2011

2010-2011

2010-2011

1

 

$41,424

$42,252

$42,675

$43,529

$44,182

$44,403

2

 

$43,755

$44,630

$45,076

$45,978

$46,668

$46,901

3

 

$46,474

$47,403

$47,877

$48,835

$49,568

$49,816

4

 

$48,612

$49,584

$50,080

$51,082

$51,848

$52,107

5

 

$50,560

$51,571

$52,087

$53,129

$53,926

$54,196

6

 

$52,863

$53,920

$54,459

$55,548

$56,381

$56,663

7

 

$54,984

$56,084

$56,645

$57,778

$58,645

$58,938

8

 

$57,108

$58,250

$58,833

$60,010

$60,910

$61,215

9

 

$59,476

$60,666

$61,273

$62,498

$63,435

$63,752

10

 

$62,171

$63,414

$64,048

$65,329

$66,309

$66,641

11

 

$63,726

$65,001

$65,651

$66,964

$67,968

$68,308

Master

Step

2008-2009

2009-2010

2009-2010

2010-2011

2010-2011

2010-2011

1

 

$42,730

$43,585

$44,021

$44,901

$45,575

$45,803

2

 

$44,982

$45,882

$46,341

$47,268

$47,977

$48,217

3

 

$47,817

$48,773

$49,261

$50,246

$51,000

$51,255

4

 

$49,969

$50,968

$51,478

$52,508

$53,296

$53,562

5

 

$52,118

$53,160

$53,692

$54,766

$55,587

$55,865

6

 

$54,521

$55,611

$56,167

$57,290

$58,149

$58,440

7

 

$56,687

$57,821

$58,399

$59,567

$60,461

$60,763

8

 

$58,564

$59,735

$60,332

$61,539

$62,462

$62,774

9

 

$60,833

$62,050

$62,671

$63,924

$64,883

$65,207

10

 

$63,223

$64,487

$65,132

$66,435

$67,432

$67,769

11

 

$65,896

$67,214

$67,886

$69,244

$70,283

$70,634

12

 

$67,543

$68,894

$69,583

$70,975

$72,040

$72,400

 


 

Master + 15

Step

2008-2009

2009-2010

2009-2010

2010-2011

2010-2011

2010-2011

1

 

$43,816

$44,692

$45,139

$46,042

$46,733

$46,967

2

 

$46,292

$47,218

$47,690

$48,644

$49,374

$49,621

3

 

$49,150

$50,133

$50,634

$51,647

$52,422

$52,684

4

 

$51,336

$52,363

$52,887

$53,945

$54,754

$55,028

5

 

$53,513

$54,583

$55,129

$56,232

$57,075

$57,360

6

 

$55,675

$56,789

$57,357

$58,504

$59,382

$59,679

7

 

$57,977

$59,137

$59,728

$60,923

$61,837

$62,146

8

 

$60,268

$61,473

$62,088

$63,330

$64,280

$64,601

9

 

$62,563

$63,814

$64,452

$65,741

$66,727

$67,061

10

 

$64,985

$66,285

$66,948

$68,287

$69,311

$69,658

11

 

$67,783

$69,139

$69,830

$71,227

$72,295

$72,656

12

 

$69,477

$70,867

$71,576

$73,008

$74,103

$74,474

Master + 30

Step

2008-2009

2009-2010

2009-2010

2010-2011

2010-2011

2010-2011

1

 

$45,095

$45,997

$46,457

$47,386

$48,097

$48,337

2

 

$47,618

$48,570

$49,056

$50,037

$50,788

$51,042

3

 

$50,484

$51,494

$52,009

$53,049

$53,845

$54,114

4

 

$52,534

$53,585

$54,121

$55,203

$56,031

$56,311

5

 

$54,868

$55,965

$56,525

$57,656

$58,521

$58,814

6

 

$57,215

$58,359

$58,943

$60,122

$61,024

$61,329

7

 

$59,537

$60,728

$61,335

$62,562

$63,500

$63,818

8

 

$61,882

$63,120

$63,751

$65,026

$66,001

$66,331

9

 

$64,188

$65,472

$66,127

$67,450

$68,462

$68,804

10

 

$66,498

$67,828

$68,506

$69,876

$70,924

$71,279

11

 

$68,947

$70,326

$71,029

$72,450

$73,537

$73,905

12

 

$71,897

$73,335

$74,068

$75,549

$76,682

$77,065

13

 

$73,693

$75,167

$75,919

$77,437

$78,599

$78,992

Master + 45

Step

2008-2009

2009-2010

2009-2010

2010-2011

2010-2011

2010-2011

1

 

$46,260

$47,185

$47,657

$48,610

$49,339

$49,586

2

 

$48,557

$49,528

$50,023

$51,023

$51,788

$52,047

3

 

$51,705

$52,739

$53,266

$54,331

$55,146

$55,422

4

 

$53,925

$55,004

$55,554

$56,665

$57,515

$57,803

5

 

$56,276

$57,402

$57,976

$59,136

$60,023

$60,323

6

 

$58,502

$59,672

$60,269

$61,474

$62,396

$62,708

7

 

$60,840

$62,057

$62,678

$63,932

$64,891

$65,215

8

 

$63,193

$64,457

$65,102

$66,404

$67,400

$67,737

9

 

$65,445

$66,754

$67,422

$68,770

$69,802

$70,151

10

 

$68,016

$69,376

$70,070

$71,471

$72,543

$72,906

11

 

$70,500

$71,910

$72,629

$74,082

$75,193

$75,569

12

 

$73,570

$75,041

$75,791

$77,307

$78,467

$78,859

13

 

$75,410

$76,918

$77,687

$79,241

$80,430

$80,832


 

Master + 60

Step

2008-2009

2009-2010

2009-2010

2010-2011

2010-2011

2010-2011

1

 

$76,634

$78,167

$78,949

$80,528

$81,736

$82,145

 


 

 

Appendix B Athletic Salary Schedule

 

 

 

 

 

Percentage Increase

 

 

 

 

 

2.00%

2.00%

2.00%

2.00%

2.00%

2.00%

2.00%

2.00%

2.00%

 

 

FY09

 

 

FY10

 

 

FY11

 

Women

1

2

3

1

2

3

1

2

3

Basketball, Varsity

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Basketball, JV

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Basketball, Freshman

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Basketball, Middle School

$2,300

$2,300

$2,300

$2,346

$2,346

$2,346

$2,393

$2,393

$2,393

Field Hockey, Varsity

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Field Hockey, JV

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Soccer, Varsity

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Soccer, JV

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Cross Country

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Softball, Varsity

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Softball, JV

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Co-Ed Track & Field

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Co-Ed Asst. Track & Field

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Men

1

2

3

1

2

3

1

2

3

Basketball, Varsity

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Basketball, JV

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Basketball, Freshman

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Basketball, Middle School

$2,300

$2,300

$2,300

$2,346

$2,346

$2,346

$2,393

$2,393

$2,393

Soccer, Varsity

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Soccer, JV

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Cross Country

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Baseball, Varsity

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Baseball, JV

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Co-Ed Golf

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Football, Head Coach

$3,197

$3,964

$4,858

$3,261

$4,043

$4,955

$3,326

$4,124

$5,054

Football, Asst. Coach

$2,429

$3,069

$3,836

$2,478

$3,131

$3,913

$2,528

$3,194

$3,991

Athletic Director

$6,393

$7,991

$10,041

$6,521

$8,150

$10,242

$6,651

$8,313

$10,447

Co-Ed MS Track & Field, Head Coach

$2,300

$2,300

$2,300

$2,346

$2,346

$2,346

$2,393

$2,393

$2,393

Co-Ed MS Track & Field, Assist Coach

$1,800

$1,800

$1,800

$1,836

$1,836

$1,836

$1,873

$1,873

$1,873

MS Athletic Coordinator

$1,500

$1,500

$1,500

$1,530

$1,530

$1,530

$1,561

$1,561

$1,561

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Appendix C - Extra Curricular Activities & Other Duties

 

2%

2%

2%

Nipmuc 9 - 12

 

 

 

Extra Duty Stipends

2008-2009

2009-2010

2010-2011

Yearbook Advisor,

$3,047

$3,108

$3,170

Class Advisors - Seniors

$2,732

$2,786

$2,842

Class Advisors - Juniors

$2,311

$2,358

$2,405

Class Advisors - Sophomores

$1,051

$1,072

$1,093

Class Advisors - Freshman

$1,051

$1,072

$1,093

9-12 Student Council Advisor

$2,101

$2,143

$2,186

8 Student Council Advisor

$   525

$   536

$   547

Newspaper Advisor

$1,184

$1,208

$1,232

Threshold Advisor

$1,184

$1,208

$1,232

NHS Advisor

$1,471

$1,500

$1,530

DECA

$2,101

$2,143

$2,186

SADD Advisor

$1,051

$1,072

$1,093

Sub. Coordinator - Nipmuc

$1,419

$1,447

$1,476

Cheerleading - *2 seas - Varsity

$3,677

$3,751

$3,826

Cheerleading - *2 seas - JV

$2,416

$2,465

$2,514

Ultimate Frisbee

$1,051

$1,072

$1,093

Peer Ed Advisors

$1,085

$1,107

$1,129

Mentor Coordinator

$1,786

$1,822

$1,858

Mentor

GRANT

GRANT

GRANT

     Full Mentor Training

$   850

$   867

$   884

     Two-Day Training

$   750

$   765

$   780

     One-Day Training

$   700

$   714

$   728

     Untrained Mentor

$   600

$   612

$   624

     Grade Level Change(trained)

$   350

$   357

$   364

     Grade Level  Change(untrained)

$   250

$   255

$   260

     Interim Mentoring

$   150

$   153

$   156

Drama Coach .S-

$2,627

$2,679

$2,733

Drama Music Director

$1,261

$1,286

$1,312

Facilities Use Coordinator

$1,734

$1,769

$1,804

Peer Tutoring/Homework

$3,677

$3,751

$3,826

Completion Coordinator

 

 

 

Director of HS Band

$3,572

$3,643

$3,716

Director of HS Chorus

$3,572

$3,643

$3,716

Jazz Band(s) 8 - 12

$1,786

$1,822

$1,858

HS Pep Band

$   819

$   835

$   852

A Capella  & After School Chorus

$1,751

$1,786

$1,822

Serv. Stud. Disability Coor.

$1,051

$1,072

$1,093

Adv. Placement Coor.

$1,051

$1,072

$1,093

Work Study Coor.

$1,051

$1,072

$1,093

504 Coor.

$1,051

$1,072

$1,093

PSAT Coordinator

$   526

$   536

$   547

Scholarship Coordinator

$1,020

$1,040

$1,061

HS Department Chairs

 

 

 

English

$5,253

$5,358

$5,465

Math

$5,253

$5,358

$5,465

Science

$5,253

$5,358

$5,465

Social Studies

$5,253

$5,358

$5,465

Special Education

$5,253

$5,358

$5,465

World Languages

$5,253

$5,358

$5,465

Business Technology

$5,253

$5,358

$5,465

Specialist Department Heads

 

 

 

Visual Arts - Pre-K - 12

$2,627

$2,679

$2,733

Music Pre-K - 12

$2,627

$2,679

$2,733

Physical Education Pre-K - 12

$2,627

$2,679

$2,733

Technology Pre-K -12

$2,627

$2,679

$2,733

 

 

 

 

 

2%

2%

2%

Middle/Elementary

 

 

 

Extra Duty Stipends

2008-2009

2009-2010

2010-2011

Head Teacher Plus $55 per

$2,416

$2,465

$2,514

Pre - K Coordinator

$2,837

$2,893

$2,951

Student Council Advisor (6-7)

$1,051

$1,072

$1,093

Destination Imagination

$1,314

$1,340

$1,367

Art Club 5/6

$1,250

$1,275

$1,301

Art Club 7/8

$1,250

$1,275

$1,301

Middle School Drama Coach

$2,500

$2,550

$2,601

Intramural Director

$2,101

$2,143

$2,186

Intramural Coach

$   735

$   750

$   765

Nature's Classroom

$68/Comp

$69/Comp

$70/Comp

Span. Immersion Coordinator

$2,627 K-7

$2,680 K-7

$2,734 K-7

Jazz Band

$1,786

$1,822

$1,858

Director of Band (5-7)

$1,786

$1,822

$1,858

Director of Chorus (5-7)

$1,786

$1,822

$1,858

Instrumental Instructor (5-8)

$   803

$   819

$   835

Sub. Coordinator – Miscoe

$1,419

$1,447

$1,476

Peer Tutoring/Homework at H.S. (MOM Program)

$3,677

$3,751

$3,826

 

 

 

Peer Tutoring/Homework

$3,570

$3,641

$3,714

 

 

 

 

Curriculum Asst. 5-8

 

 

 

Math (1)

$2,500

$2,550

$2,601

Science (1)

$2,500

$2,550

$2,601

Social Studies (1)

$2,500

$2,550

$2,601

English (1)

$2,500

$2,550

$2,601

 

 

 

 

Curriculum Asst. Pre-K - 4

 

 

 

Math (1)

$2,500

$2,550

$2,601

Science (1)

$2,500

$2,550

$2,601

Social Studies (1)

$2,500

$2,550

$2,601

Language Arts (1)

$2,500

$2,550

$2,601

 

 

 

 

Curriculum Asst. Pre-K - 8

 

 

 

Sped (1)

$2,500

$2,550

$2,601

Scheduling Coordinator K - 7

$2,500

$2,550

$2,601

 

 

 

 

Facilities Use Coordinator

 

 

 

Miscoe

$1,734

$1,769

$1,804

Memorial

$   525

$   536

$   547

Clough

$   525

$   536

$   547

 

 

 

 

Enrichment Coordinator

 

 

 

Miscoe

$2,000

$2,040

$2,081

Memorial

$2,000

$2,040

$2,081

Clough

$2,000

$2,040

$2,081

Enrichment Coach

$400/Session

$408/Session

$416/Session

Mentor Coordinators (2)

$1,786

$1,822

$1,858

Web Master Pre-K - 12

$5,148

$5,251

$5,356

Health Coordinator Pre-K -12

$2,627

$2,679

$2,733

 

 

 

 

 

 

 

 

 

 

 


 

 

APPENDIX E

 

COURSE REIMBURSEMENT

 

1.    Staff members must complete the Course Reimbursement Form.

2.    Staff members will be entitled to reimbursement of 50% of one course per year not to exceed a total pay out per teacher of $500.00 per year.

3.    Course must have prior approval by the building principal, and must align with the district goals or curriculum frameworks.  (Staff member must indicate whether the course is being taken during the summer, fall or spring semester.)

4.    A grade of B or better must be submitted for course reimbursement.

5.    The available funds for this Article (see #6) will be divided into thirds:  (summer, fall and spring).  Available funds will be rolled over to permit second course if money is left and there are no more first course requests before June 30th.

6.             Total district cost will not exceed $30,000 per year.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


APPENDIX F

           

LONGEVITY

 

  1. Qualifications

 

    1. Longevity payments may be elected after at least fifteen (15) years of service in the school district.  If an employee elects alternative longevity, the election is not reversible.

 

    1. All employees must apply in writing by March 1st prior to the school year in which longevity payments would be awarded.

 

 

    1. If longevity benefits are elected, the employees will thereafter not receive any additional benefits under the provisions of Appendix F.

 

 

  1. Amount of Longevity

 

Annual longevity payments will be $1,800.00 per year for a minimum of one year and a maximum of three years and limited to a total of $5,400.00.  All longevity payments will be added to the employee’s annual salary as it relates to the salary schedule (Appendix A and D).

 

 

  1. After years of payments on the longevity plan, the employee’s salary shall be reduced to the amount deducted by the teacher’s placement in the regular salary schedule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


APPENDIX G

 

HEALTH AND WELFARE TRUST-FUND AGREEMENT

 

     This Agreement, to be effective as of date of execution, between Mendon-Upton Regional School District Committee (hereinafter referred to as the "Committee") and the Mendon-Upton Regional Teachers Association (hereinafter referred to as the "Association") and collectively referred to as "the parties":

 

     WHEREAS, as a result of collective bargaining between the Committee and the Association, the parties hereto agree that the Committee will provide and pay into the Fund hereafter referred to a determined amount on behalf of each teacher and/or their surviving spouse (if the spouse has no other insurance available) retired from the Mendon-Upton Regional School District or municipal bargaining unit on or after September 1, 1996, (hereinafter referred to as "eligible person" or "covered person", the Superintendent of Schools, and any other regional school district employee for the purpose of furnishing to each covered person certain supplemental health insurance benefits; and

 

     WHEREAS, it is in the public interest to attract competent and efficient individuals as covered persons and induce them to so remain, each covered person employed by the Committee, whether or not a member of the Association, shall be entitled to receive such supplemental benefits to the extent specified in this Agreement:

 

     NOW THEREFORE, the parties hereto mutually agree as follows:

 

1.   There shall be established the Mendon-Upton Regional Teachers Association Health and Welfare Trust Fund (hereinafter referred to as the "Trust") as trust fund adopted subject to the provisions of M.G.L. c. 32B, sec. 15, and any other relevant provisions of said Chapter, to provide the benefits hereinafter set forth for each covered person.  This Trust and benefits available hereunder may only be amended by a written document and upon agreement of the Committees and the Association through the collective bargaining process.  If amendments are so approved they shall be attached hereto and incorporated by reference.

 

2.   The money, which has been determined by negotiations by the parties, will be provided by the Committee from the annual amount budgeted for the teachers' salary account.  The Committee agrees to provide and pay the agreed amount, now $[50% of the annual health insurance premium cost] annually, into the Trust Fund for each eligible person as of September 1, 1996 the effective date of the commencement of this Agreement and quarterly thereafter on or about July 1, October 1, January 1, and April 1 of each year.  Covered employees shall pay to the Trust their respective share (50%) of annual premiums within 30 days of execution of this agreement and 30 days prior to any quarterly payment due from the Committee thereafter to insure continued coverage.

 

3.   The Committee and the Association may agree to provide from such Trust Fund for each covered person for whom such sum is paid health and welfare benefits which may include, but are not limited to, hospitalization benefits, surgical benefits, diagnostic and preventive medicine benefits, prescription drug and applicants benefits, prosthetic device benefits, weekly accident and sickness benefits, and such other health and welfare benefits as they may determine appropriate through the bargaining process.  Such benefits may be provided by contract with an insurance company or companies or established and provided without insurance by the Trust Fund or by any combination of these two methods.  At the time of establishment of this Trust the Committee and the Association agree that the following benefits are the only benefits currently available through the Trust:

 

          a.   Health Insurance:  Premium payments divided equally (50/50%) between the district and covered person with benefits for surviving spouse.

 

4.   Any supplemental benefits agreed upon by the parties in the future shall not be reduced except as may be required by experience of the Trust Fund or agreed upon by the parties  hereto, or resolved by arbitration in the absence of such agreement.  In no case shall a question be submitted to arbitration relative to providing supplemental benefits beyond those specifically provided by this Agreement or by written amendment thereto.

 

5.   It is the essence of this Agreement in order not to frustrate its purpose that the Association and the Committee agree to comply with all local, state, and federal laws applicable to the said Trust Fund, and both parties shall take all steps necessary for such compliance.

 

6.   The liability of any employer or the Committee for each covered person shall in no event exceed the percentages specified in Sections 2 and 3 hereof, regardless of any upward modification, by reason of increase in costs, increase in insurance premium, other insurance penalty, addition thereto of any benefits or for any other anticipated or unforeseen reasons, and the amount of contributions by an employer or the Committee during the term of this Agreement shall be limited solely to the payment of the aforesaid percentages as provided herein.

 

7.   A.   The Committee and the Association agree that the fund will be held, managed, and administered by the Trustees thereof, under terms and provisions consistent with this Agreement.

 

     B.   The Trust Fund shall be administered and managed by four (4) Trustees, two of whom shall be appointed by the Association and two of whom shall be appointed by the Committee for a (2) year term.  In the event the Trustees are not able to agree on a matter, the tie shall be broken by the Mediator/Arbitrator, (Mr. Nicholas Marshall) who shall serve as a fifth Trustee.  Successors to the Trustees shall be designated by the parties in a manner of their own choosing.

 

          B.1. Chairman of the Board of Trustees

              The Chairman (or acting Chairman) of the Trustees shall be elected at the Board's Annual Meeting.  The School Business Manager for the Committee shall serve as Secretary of the Trustees.

 

          B.2. Resignation of a Trustee

              Any trustee may resign by providing the Chairman of the Trustees with written notification, which indicates the date upon which his or her resignation shall take effect.  The Trustee shall be replaced by an appointee of the party whom he or she represented.

 

          B.3. Removal of a Trustee

              A Trustee may be removed for a cause by a three-fifths (3/5) vote of the Trustees taken at a meeting of the Trustees.  For the purposes of this provision, the Mediator/Arbitrator, Mr. Nicholas Marshall, shall serve as a fifth Trustee.  No such vote shall be taken unless the subject Trustee has been provided at least one week's written notice that a motion for his or her removal would be raised, along with a summary of the reasons therefore.

 

          B.4. Substitute Trustees

              In the event a Trustee resigns, is removed, or is otherwise unable to serve, the party represented by the resigning Trustee may appoint a substitute Trustee to serve until such time as a new member has been elected.

 

                   A Trustee shall, upon leaving office for any reason, forthwith turn over and deliver to the principal office of the Trust any and all records, books, documents or other property in his possession or under his control, which belong to the Trust.

 

          B.5. Committees and Task Forces

              The Board of Trustees may from time to time establish one or more committees or task forces, which shall serve for the period specified by the Board.  The members of such a committee shall be appointed by the Chairperson of the Trustees subject to the approval of the Board and may include individuals who are not Trustees.

 

                   The Board of Trustees may delegate to such committee or task force whatever powers and duties the Board deems appropriate excepting those powers and duties specified herein for which a three-fifths (3/5) vote of the Trustees is required.

 

     C.   If any supplemental benefits provided are to be provided for specific periods of time by a contract with an insurance company or companies, this shall result from collective bargaining by the parties.  The Trustees of the Trust Fund shall then negotiate and purchase, on such agreed upon terms such a policy or policies of insurance.  In the absence of such votes as to any benefits provided by the Trust Fund, the Trustees shall self-administer the Trust Fund to provide such benefit.

 

     D.   Any of the supplemental benefits provided may be provided by the Trust Fund as a self-insurer.  Arrangements may be made with an insurance company or companies to reinsure, by reinsurance agreement, any benefit as part thereof provided.

 

     E.   The Committee and the Association agree to provide that Mr. Marshall, acting as Mediator or Arbitrator shall have the exclusive power to mediate or decide and dispose of, consistently with this Agreement, disputed claims against the Trust Fund relative to benefits provided hereunder, and that any covered person or their surviving spouse being aggrieved by a denial of any such claim may submit such claim to such person acting as Mediator or Arbitrator if one party demands arbitration for determination, which determination shall be final and binding on such covered person or dependent claimant, the Trust Fund, the Committee, the Association, the Trustees, and any participating insurance company or companies; provided, however, that no such award shall result in or require the appropriation or dedication by the Committee or any municipal employer of any funds in excess of those collectively bargained under Sections 2 or 3, that is, not more than 50% of the health insurance premium available to other eligible persons.  In all cases where the question of removal of a Trustee requires a three-fifths vote, Mr. Marshall shall be authorized to vote as a Trustee.  Mr. Marshall may otherwise act as a mediator if a dispute arises among the four Trustees.  Any other award against the Trust shall be satisfied only against Trust assets existing at the time the award is made.  The arbitrator shall have no authority to modify or amend any of the terms of this agreement and Declaration of Trust, change insurance policies, terms or carriers or the Collective Bargaining Agreement between the parties.  Each party shall bear its own costs of arbitration hereunder.  The mediator/arbitrator shall be entitled to reasonable compensation or reimbursement for food, travel or lodging associated with his services provided pursuant to this Trust and shall share equally in costs or charges of the Arbitrator.

 

     F.   The following administrative and restrictive provisions shall be included:

1.   The Trustees of the Trust Fund shall be responsible for the maintenance of accurate records of its books and accounts in conformance with generally accepted accounting principles.

 

          2.  The Trustees of the Trust Fund shall file in the office of the Committee and the Association within five (5) months after the close of the fiscal year a statement, to be known as the Annual Statement of the Trust Fund, executed in duplicate, subscribed by a majority of Trustees and affirmed by such Trustees as true under the penalties of perjury, showing its condition and affairs during such fiscal year.

 

          3.   Any contract between the Trust Fund and an insurance company, hospital, surgical or medical plan providing benefits under the Trust Fund, or with any corporate trustee or agent holding or administering all or part of the Trust Fund, shall provide that within four (4) months after the end of each policy or fiscal year, such company, hospital, plan, corporate trustee or agent will furnish to the Trustees of the Trust Fund a statement of account setting forth such information relating to the Trust Fund as the Trustees of the Trust Fund may need in order to comply with the requirements of this Agreement, or may otherwise require.

 

          4.   The Trustees of the Trust Fund shall be responsible in a fiduciary capacity for all money, property or other assets received, managed, acquired or disbursed by them, or under their authority, on behalf of such Trust Fund.

 

          5.   The Trustees of the Trust Fund shall be responsible for the prudent deposit and investments of funds and earnings under the care and custody of the Trust Fund, and for expenditures in accordance with sound actuarial principles taking into account the purpose of the Trust Fund.

 

              5.1  Liability of Trustees

              (a)  The Trustees shall not be liable for errors of judgment either in holding property originally conveyed to them or in acquiring and afterwards holding additional property, in the performance of their duties hereunder, nor for any act or omission to act, performed or omitted by them, in the execution of the trusts created hereunder.

 

              (b)  Every act done, power exercised or obligation assumed by the Trustees, pursuant to the provisions of this Agreement, or in carrying out the trusts herein contained, shall be held to be done, exercised or assumed by them as Trustees and not as individuals, and any person or corporation contracting with the Trustees, shall look only to the Trust and available property of the Trust for payment under such contract, or for the payment of any debt, mortgage, judgment or decree or the payment of any money that may otherwise become due or payable on account of the trusts herein provided for, and any other obligation arising out of this Agreement in whole or in part, and neither the Trustees nor the Committee, Association or their respective members, present or future, shall be personally or individually liable therefore.

 

              (c)  Notwithstanding the provisions of (a) and (b) above, a Trustee shall be liable in connection with the performance of his or her duties hereunder if he or she has not acted (i) in good faith and (ii) in a manner he or she reasonably believes to be in the best interests of the Trust.

 

              5.2 Indemnification

              (a)  The Trust shall indemnify: (i) each member of the Board of Trustees and the estate, executor, administrator, personal representatives, heirs, legatees and devisees of any such person; and (ii) every officer and employee of the Trust and the estate executor, administrator, personal representative, heirs, legatees or devisees of such person (collectively, the "indemnitees") against all judgments, including interest, fines, amounts paid or agreed upon in settlement, reasonable costs and expenses including attorneys' fees and any other liabilities that may be incurred as a result of any claim, action, suit or proceeding, whether civil, criminal, administrative, or other, prosecuted or threatened to be prosecuted, for or on account of any act performed or omitted or obligation entered into if done or omitted in good faith and within what he or she reasonably believed to be the scope of his or her employment or authority and for a purpose which he or she reasonably believed to be in the best interest of the Trust.  In addition, with respect to any criminal actions or proceedings, an indemnitee shall be entitled to indemnification if the actor, in addition, had no reasonable cause to believe that the conduct was unlawful.  If any such claim, action, suit or proceeding is compromised or settled, no indemnitee shall have a right to indemnification unless the settlement is with the prior and express approval of the Board of Trustees or such other persons as may be authorized to make determinations with respect to indemnification pursuant to paragraph (d) of this Section.

 

              (b)  Such indemnification shall not depend upon whether or not such person is a member of the Board of Trustees at the time that such claim, action, suit or proceeding is begun, prosecuted or threatened, nor on whether the liability to be indemnified was incurred or the act or omission occurred prior to the adoption of this Section.

 

              (c)  The right of indemnification hereunder shall not be exclusive of other rights such person or Board may have as a matter of law or otherwise.

              (d)  In each instance in which a question of indemnification hereunder arises, determination in the first instance of the right to indemnification hereunder, and of the time, manner and amount of payment thereof, shall be made by a majority vote of a quorum of the Board of Trustees; provided, however, that no member of the Board of Trustees seeking indemnification hereunder as a result of the same occurrence shall participate in the determination.  In the event that a 3/5ths of the members of the Board of Trustees are seeking indemnification hereunder as a result of the same occurrence or the number of Board of Trustees members eligible to vote does not constitute a quorum, such determination in the first instance shall be made by the Mediator/Arbitrator for the purpose of making the determination.  Nothing in this paragraph is intended to make an adverse determination finally binding upon the prospective indemnitee or to preclude any prospective indemnitee from requesting a reconsideration of an adverse determination based on additional evidence or from instituting legal proceedings to enforce a right of indemnification under this Section.

 

              (e)  The indemnification provided for in this Section shall be deemed to be an expense of the Trust to which the Committee and Association shall equally contribute.

 

              (f)  The indemnification provided by this Section shall be secondary to any benefits to which the indemnitee may be entitled to receive from any applicable insurance policy providing Directors and Officers, Errors and Omissions or other applicable insurance coverage’s which have been procured by the Trust or for which the Trust paid the required premium.  The indemnification provided by this Section shall be primary over an indemnification provided by a Trustee at his or her own expense.

              (g)  (i)  Notwithstanding any other provision of this Section to the contrary, a prospective indemnitee may seek, and the Trust may pay, advance indemnification prior to the rendering of a final determination of entitlement to indemnification pursuant to the provisions of paragraph (d) of this Section.  Any award of such advance indemnification by the Trust shall be discretionary and subject to the provisions of this Section.

                   (ii) In each instance where a question of advance indemnification hereunder arises, determination of the right to indemnification and of any conditions or restriction attached thereto shall be made by a majority vote of a quorum of the Board of Trustees; provided, however, that no member of the Board of Trustees seeking indemnification hereunder shall participate in the determination.  In the event that a majority of the members of the Board of Trustees are seeking indemnification as a result of the same occurrence or the number of members of the Board of Trustees eligible to vote does not constitute a quorum, such determination shall be made by Mr. Nicholas Marshall, the Mediator/Arbitrator, for the purpose of making the determination.

                   (iii)    Any determination of advance indemnification shall be discretionary and may provide for the time, manner and amounts advanced hereunder and shall include limitations on the rate of payment and the total amount to be advanced.  The Trustees may, but shall not be required to, condition any such advances upon the granting of such security as they deem appropriate.

                   (iv) Any advance authorized hereunder shall be conditioned upon an undertaking by the indemnitee to repay such payments if he or she shall be adjudicated to be not entitled to indemnification; provided that the Trustees may accept such an undertaking without reference to the financial ability of the indemnitee to make repayment.

 

          6.   The Trustees of the Trust Fund shall file in the office of the Committee and the Association within one (1) month after the close of each quarterly period a statement to be known as the Status of Investment and Deposits Report (Quarterly) executed in duplicate, subscribed by at least three Trustees as true under the penalty of perjury, showing all demand and time deposits of the Trust Fund as of the last day of the quarter.

 

          7.   The Trustees of the Trust Fund shall file in the office of the Committee and the Association within one (1) month after the close of each semi-annual period a statement to be known as the Report on Administrative Expenses (semi-Annual), executed in duplicate, subscribed by at least three Trustees and affirmed by such Trustees as true under the penalty of perjury, showing operating expenses incurred in administering the Trust Fund during that period, including such data as office expense and personal service expense.  Personal service data shall include titles of positions, number of incumbents and salaries and fees paid.

 

          8.   The Trustees of the Trust Fund shall be bonded in an amount to be determined by the Committee, and the Association.  The cost of such bonding shall be borne by the Trust Fund.

 

          9.   The Trust Fund, the Committee and the Association, each Trustee of the Trust Fund, and every other officer or employee of the Trust Fund are prohibited from receiving directly or indirectly any payment, commission, loan or other thing of value from any insurance company, insurance agent, insurance broker, or any hospital, surgical, medical or dental plan, or any corporate trustee or agent holding or administering any part of the Trust Fund, in connection with the solicitation, sale, service or administration of a contract providing employee benefits for such Trust Fund; and from receiving any payment, commission, service, loan or any other thing of value from such Trust Fund, or which is charged against Trust Fund, or would otherwise be payable to such Trust Fund, either directly or indirectly, except that any such person shall be entitled to receive all benefits provided under such Trust Fund, and may receive any employee benefits to which he is otherwise entitled, and any such person may receive reasonable compensation for necessary services and expenses rendered or incurred by him in connection with his official duties as such (such expenses to be shared equally by the parties); provided that nothing contained in this subparagraph shall affect the payment of any dividend or rate credit or other adjustment due under the terms of any insurance or annuity contract.

 

                   Furthermore, all Trustees and employees of the Trust Fund shall be deemed to be covered persons under the terms of this Agreement, and shall be entitled to all supplemental benefits resultant therefrom.

 

          10.  The Trustees of the Trust Fund may employ such professional, technical, administrative or clerical personnel, as they require in the performance of their duties, or which is in the best interest of the Trust Fund.  Clerical staff of the Regional School District shall be compensated at their regular hourly rate.  Cost of such services shall be borne equally by both parties upon presentation of a bill for such services by the Trustees.

 

          11.  The Trust Fund shall not pay any premium on a covering policy except by check payable to the insurance company directly.

 

          12.  No political contributions shall be made directly or indirectly from the Trust Fund.

 

          13.  Any other provisions as may be necessary or desirable to effectuate the purpose of this Agreement shall be compiled and appended to the Agreement as Appendix A.

          14.  The powers of the Trustees shall be exercised by a majority of the Trustees present and voting at any duly called meeting provided that a majority of the Trustees shall be present at any meeting in order to constitute a quorum.  In the event of a tie vote the Mediator/Arbitrator shall cast his vote.

 

          15.  Regular meetings of the Trustees of the Trust Fund shall be called monthly by the Chairman at a time and place, which shall be communicated to the other Trustees in writing at least ten (10) days in advance of the meeting.  Special meetings may be called by the Chairman for any purpose and the time and place shall be communicated to the other Trustees in writing at least forty-eight (48) hours in advance of the meeting.  Regular meetings and special meetings shall be held in the evening whenever possible.

 

     G.   Termination

     1.   The Trust shall continue unless and until (i) terminated pursuant to law, (ii) by an instrument in writing signed by representatives of the Committee, and the Association stating that the parties by vote of their respective memberships have determined to terminate the Trust effective the June 30 next following said written notice; (iii) or by vote of three-fifths (3/5) of the Trustees.  (For purposes of this option, the mediator/arbitrator shall vote as a Trustee.)

 

     2.   In the event of termination of the Trust, the parties covenant and agree to make any provision for payment of claims against the Trust as may be required by the Trustees, including the deposit with the Trustees of funds, surety bonds, or such other guarantees of payment as deemed required and sufficient by the Trustees.  Upon termination, the Trustees shall continue to serve as Trustees to wind up the affairs of the Trust, including providing for all outstanding obligations, and each party hereto shall be entitled to receive distribution of its pro rata share of any remaining funds, the calculation of such distribution to be determined by the Trustees.

 


(a)  Liability of Trust for Coverage after Termination or Cancellation

              (i) The Trust shall have no liability for Coverage after the date of Cancellation or Termination.

 

              (ii) No amounts held by the Trust shall be returned to the Committee or Association following termination or cancellation unless approved by the Trustees.

 

          (b)  Liability of Committee after Termination

              (i)  After termination or cancellation, the Committee shall remain liable for all contributions due and payable by the Committee for the plan year in which the termination or cancellation occurs.  Moreover, if the termination or cancellation occurs within the two-year period immediately following the effective date, the Committee shall be liable for all contributions for which it would have been responsible for those two (2) plan years if the termination or cancellation had not occurred.

 

          (c)  After termination or cancellation, the Committee shall remain liable for any assessment made by the Trustees for any plan year during which the Committee participated in the Trust.  Moreover, if the termination or cancellation occurs within the first two (2) plan years of the Trust, the Committee shall be liable for any assessment by the Trustees which is attributable to those two (2) plan years.

 

 


Appendix H

 

                       TIME AND LEARNING

 

                  MEMORANDUM OF UNDERSTANDING

 

 

A.  General Principles

 

     The Mendon-Upton Regional School District and Mendon-Upton Regional Teacher's Association have negotiated the impact of newly implemented State Regulations relative to Time and Learning.  These regulations require an increase in instructional time provided to students.  In some instances, the regulations also require an increase in the length of the school day for students and teachers.  It should be noted decisions to limit teacher duties will be at the discretion of the Building Principal who will take into consideration student welfare, safety concerns, scheduling needs, student population, teacher absenteeism, the available number of professional staff, and the number of daily activities requiring duties and/or emergency situations. 

 

 

B.  High School

 

     1.  All teachers (9-12) shall report to their assigned classroom for student arrival and the school day will not exceed (7) hours in length, commencing at 7:20 a.m.

 

     2.   All regular classroom teachers and specialists shall be provided with an equitable number of flex periods which shall be scheduled during the first or last period of the day at which time they shall not be required to be in their specific buildings.  Additional flex time may be granted based on the availability of duties.

 

     3.   All regular class room teachers and specialist may leave their respective buildings when students are dismissed except when required to attend afternoon activities in accordance with the provisions of Article 7, Teaching Hours and Load, Section 7.8 and 7.9.

 

C.  Middle School

 

1.   All teachers parents (5-8) shall report to their assigned classroom for student arrival at 8:10 a.m. and the school day will end with the dismissal of students by 2:47 p.m.

 

     2.   All regular classroom teachers and specialists shall be provided with an equitable number of flex periods which shall be scheduled during the first or last period of the day at which time they shall not be required to be in their specific buildings.  Additional flex time may be granted based on the availability of duties.

 

     3.   All regular class room teachers and specialist may leave their respective buildings when students are dismissed except when required to attend afternoon activities in accordance with the provisions of Article 7, Teaching Hours and Load, Section 7.8 and 7.9.

 

 

D.  Elementary School

 

     1.   All regular classroom teachers shall report to their assigned workplace at 8:30 a.m. except when they are on

          corridor duty, which shall be assigned on an equitably rotating basis.  Students will also report to their classroom or to the cafeteria to obtain lunch tickets at 8:30 a.m.

 

     2.   One (1) teacher/specialist or an aide shall be assigned hallway duty each day between 8:30 - 8:45 a.m.

 

     3.   8:45 - 8:50 classroom opening exercises.

 

     4.   8:50 - instructions begins.

 

     5.   Regular classroom teachers will be assigned to one outside recess duty per week.  If additional coverage is required, it will be assigned on an equitably rotating basis.

 

     6.   Regular classroom teaches will not be assigned to cafeteria duty.

 

     7.  Every effort will be made to assign specialists only to two (2) such duties; if duty assignments require more than two assignments per week, but in no case more than three (3), it will be accomplished on an equitably rotating basis.

 

     8.   All regular classroom teachers and specialists shall  be provided with an equitable number of flex periods which shall be scheduled during the first or last period of the day at which time they shall not be required to be in their specific buildings.  Flex time will be granted as long as there is appropriate student coverage and does not diminish classroom teacher/student instructional time.  The Principal will make every attempt to insure staff’s flex release time. Staff members are required to attend all staff meetings.  Teachers who are unable to attend a staff meeting on a scheduled flex-day will notify their building principal.

 

     9.   All regular class room teachers and specialists may leave their respective buildings when students are dismissed except in accordance with the provisions of Article 7, Teaching Hours and Load, Section 7.8 and 7.9.

 

     10.  Notwithstanding the provisions of Article 7, Teaching Hours and Load, Section 7.7, all classroom teachers (1-5) and specialists shall have a minimum of eight (8) forty (40) minute preparations per ten (10) day cycle.

    

    


 

APPENDIX I

 

It is the objective of the Committee and the Association to:

attract and retain the best teachers; recognize high quality performance of professional educators; encourage continued professional growth; to provide information for improving performance; to provide a record of facts and assessments for personnel decisions including decisions by the Committee on professional status.

 

 

Principles of Evaluation

 

Overview:  Evaluation assumes that standards of effectiveness can be determined and that performance can be measured in terms of those standards.

 

The purpose of evaluation must be stated clearly, in writing, for all parties in­volved.

 

The implementation of the evaluation process must allow collabora­tive planning by all parties involved.

 

The person to be evaluated must be aware of the means by which s/he will be evaluated in relation to the position.  (To that end a copy of this evaluation instrument will be provided to each teacher.)  

 

The person to be evaluated must have an opportunity to respond in writing to his/her evaluation reports.

 

Gathering Information

 

Information used in evaluation must be based primarily on direct obser­vance of performance, and total evaluation of a teacher is not, however, limited to observa­tion in the classroom.  Information based on other than direct observation of performance may be included in the evaluation process as stated in the teacher evaluation instrument.  The performance of teachers to be observed by the evaluator (s) must include, but not be restricted to: knowledge of subject matter or field. Clarity of communication, instructional effectiveness, including classroom management, or the design of programs and the provisions of services.  Effective use and interpretation of evaluative procedures, responsiveness to all learners.

 

Reporting Results

 

Evaluation reports must be communicated orally and in writing to the teacher or administra­tor.

 

Evaluation reports must recognize areas of strength as well as identi­fying areas needing improvement.

 

Evaluation reports must provide specific recommendations for improv­ing perfor­mance for areas identified as needing improvement.  Suffi­cient time should elapse to allow the teacher or administrator to benefit from the recommendations for improvement prior to subse­quent evaluations.

 

All classroom evaluations will be conducted openly and with full knowledge of the teacher.

 

The teacher will have the opportunity to responds, in writing, to his/her evaluation report.  Such response will be placed in the teacher’s personnel file.

 

 

Committee shall by law evaluate teachers without professional teacher status every year, and shall evaluate teachers with professional teacher status every two years.

 

 

 

 


APPENDIX J

 

UNIT B

 

Under the current Agreement (2008-2011), Unit B includes the Dean of Student and the director of Guidance positions.  Unit B will retain all the rights of Unit A according to the terms of this Agreement. 

 

The Dean of Students base salary will be the maximum step of the appropriate degree salary of Appendix A (Teachers Salary).  The Dean of Students’ school year will be a 189-day schedule.  The dean of Students stipend shall be split between the members holding the positions at Clough & Memorial. $3,750 per person.

 

 

DEAN OF STUDENT STIPEND

 

2008-2009                                           2009-2010                                           2010-2011      

 

$7,500                                                 $7,500                                                 $7,500

 

 

DIRECTOR OF GUIDANCE

 

The Director of Guidance shall be entitled to twenty (20) vacation days.

 

The Director of Guidance will be part of Unit B for the duration of this Agreement.

 

Salary:  A minimum of $70,000.

 

 


3/8/11

PROPOSED

MEMORANDUM OF AGREEMENT

MENDON-UPTON REGIONAL SCHOOL DISTRICT COMMITTEE

AND

MENDON-UPTON REGIONAL TEACHERS ASSOCIATION

The Mendon-Upton Regional School District Committee and the Mendon-Upton Regional Teachers Association's bargaining committees have arrived at an agreement concerning a successor contract to the contract that expires on June 30, 2011. Unless modified below, all remaining sections of the Collective Bargaining Agreement expiring on June 30, 2011 shall remain in full force and effect.

The agreements reached are subject to ratification by both principals.

Agreed upon additions are in "bold print" as follows:

I.       One Year Extension of Contract Terms

Unless specifically modified hereby, all terms and conditions of the collective bargaining agreement shall be extended until June 30, 2012.

II.       No Changes in Columns - No Step Advancement

All members on steps 1-13 during the 2010 - 2011 school year shall remain on the same step in the 2011 - 2012 school year and all members shall remain in 2011-2012 on the same column salary schedule on which they were listed in 2010-2011. For example, if a teacher was on step 7 in 2010-2011, they shall remain on step 7 in 2011-2012, but shall move to step 8 in 2012-2013.

III.      No Salary increases to Appendices

Appendices A, B, C as effective in school year 2010 - 2011 after adjustment for previously negotiated increases shall not be adjusted by an across the board increase or otherwise during the school year 2011 - 2012. By this agreement each step and level in said Appendices shall remain unchanged for the 2011 - 2012 school year.

IV.    Article 10 Transfers & Vacancies

Proposed to be amended as follows:

1.      Amendments:    (This corrects what is apparently a typo or oversight re: teachers with non professional status)

10.4.2             If it is not possible to reduce Unit A by the above factors, reductions will first be made among those teachers in the departments and/or classifications to be reduced who have not attained professional status, provided there are teachers on professional status who are certified to fill those positions within respective departments and/or classifications affected by the reduction.

2.         Amendments: Add definition of seniority, as follows, by inserting new subsections.

10.5    If a reduction in teaching staff results in the layoff of a professional status teacher included in Unit A, B, C or a nurse included in unit C the order of layoff shall be on a departmental or classification basis.

10.5.1 The teacher or employee whose date of original employment in a permanent teaching position in the Mendon-Upton Regional School District is most recent shall be the first to be laid off, provided that the qualifications of the employees with greater seniority are equal to the employee to be laid off

10.5.2   Seniority in this article shall be defined as a teacher's length of continuous uninterrupted service in years, months, and days, commencing on the first date of employment (not hiring) as a teacher on a paid basis in the Mendon-Upton Regional School district. Teachers who work part-time will commence earning seniority credit for part-time service as of September 1, 2011. Years of service for part-time work will be computed on a pro rata basis; for example a teacher who works half-time will be credited with 0.5 years of service. Any leave of absence granted by the Committee shall be construed to be non-active service and will not be included in determining the full length of service.

In the event a reduction of staff is necessary and there is more than one teacher with equal seniority as described above, the teacher with greater academic preparation will be deemed to be most senior. Academic preparation will be controlled by Appendix A of the Collective Bargaining Agreement between the parties as follows:

Bachelors: 1 point

Bachelors + 15: 2 points

Masters: 3 points

Master + 15: 4 points

Master+ 30: 5 points

Master +45: 6 points

Master +60: 7 points

The words "qualified" or qualifications" as used in this agreement mean possessing requisite certification required by MGL Ch. 71 Section 38G.

10.5.3 The parties shall confer annually on or about October 1 to review the seniority list based on date of hire and academic preparation per §10.5.2 and shall discuss a proposed list with their constituencies over the course of each October to resolve any issues. On or about November 1 of each year questions about hire dates and academic preparation will be conclusively resolved by the means identified in §10.5.2. In cases of ties, the seniority date shall be established by drawing names.

Other Article: During the 2011-2012 school year only, the school day before Christmas, i.e. December 23, 2011, shall be a half day for teachers and students.

This agreement shall become effective 2011 and shall remain in effect to and including June 30, 2012.

Negotiations for a successor agreement shall commence no later than December 1, 2011.

________________________                                ______________________________

Mendon-Upton Regional                                        Mendon-Upon Teachers Association

School District