Nauset

Show detailed information about district and contract

DistrictNauset
Shared Contract District
Org Code6600000
Type of DistrictRegional Secondary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2017
Expired Status
Superintendency UnionUnion 54 Nauset
Regional HS MembersNauset
Vocational HS Members
CountyBarnstable
ESE RegionSoutheast
Urban
Kind of Communityresort/retirement/artistic
Number of Schools2
Enrollment1535
Percent Low Income Students13
Grade Start6
Grade End12
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This AGREEMENT is entered into this first (1st) day of July 2014, between the School Committees of Union No. 54 and the Nauset Regional School District, hereinafter referred to as the "Committee," and the Nauset Education Association, hereinafter referred to as the "Association,” affiliated with the National Education Association and the Massachusetts Teachers Association.

 

                                                                              Preamble

 

1.      It is the intention of the parties in this contract to continue their harmonious relations, to promote mutual cooperation and understanding, to formulate rules, to define and resolve the proper interest of the teachers and nurses in their rights of compensation and the conditions under which they perform their duties, with the best interest of the total education of the youth of these communities being the primary concern.  The parties acknowledge that the Committee has complete authority over policies and general management of the schools, which it exercises under law, and that this vehicle of collective bargaining will provide the teachers and nurses with a better opportunity to bring their knowledge and experience together with that of the Committee to bear on matters of professional concern with a goal of assisting in solving the growing problems inherent in the advancement of education.

 

2.      In the event that a court of competent jurisdiction shall decide that any part or provision of this Agreement is in conflict with any applicable law of the Commonwealth or of the United States, such law shall prevail.  All other provisions of this Agreement shall remain in force and effect.

 

 

ARTICLE I

Recognition

 

1.      The Committee recognizes the Association for the purpose of collective bargaining as the exclusive representative of a unit consisting of all the following employees of Nauset Region and Union No. 54 School System.

 

a.       All classroom teachers or teachers of remedial or special education, including all department heads, subject coordinators, professional guidance personnel serving pupils directly in a counseling capacity, school librarians, nurses, long‑term substitutes, permanent substitutes, extracurricular positions, including athletic coaches (during his/her season), teacher mentors, physical therapists, occupational therapists, and interpreters, hereinafter referred to as employees, but excluding educational assistants, in‑school tutors, all other substitutes, administrators, and all other employees of the school department.  In this contract "secondary teachers" is applied to teachers of students in the Middle School and High School.  The term "elementary teachers" is applied to the teachers of students in the elementary schools.

 

b.      Long‑term substitutes shall be defined as teachers who have taught in the same position for a period of ninety (90) or more consecutive school days with the exception that this ninety (90) days of employment may be interrupted by up to three (3) excused but unpaid absences without loss of credit toward long‑term substitute status.  A long‑term teaching substitute, upon qualifying as such, shall be placed on the Bachelors Minimum Salary Schedule.  Long‑term substitutes will accrue sick leave at a rate of 1.5 days per whole month, and personal leave at a rate of one (1) day per five (5) whole months.  Accrued sick leave will not be carried forward.  No credit will apply for the ninety (90) day period prior to achieving long‑term substitute status. Long‑term substitutes shall receive paid funeral leave provided he/she meets the contractual conditions.  No other leaves shall apply to long‑term substitutes.

 

c.       Permanent substitutes are full year employees, and shall be defined as teachers whose primary assignment is to substitute.  Permanent substitutes will be paid an annual wage of fifty percent (50%) of the Bachelors Minimum Salary Schedule and will receive all contractual benefits and accrue sick leave and personal leave at the same rate as classroom teachers.  Permanent substitutes will work all student days, and one (1) day before and after the students.

 

2.      Nothing contained in the Agreement shall be construed to prevent any employee or ad hoc group of employees not acting on behalf of any employee organization or representing anyone but themselves from discussing at any time any problems with any of their supervisors, the School Committee or other representatives of the School Committee without the previous consent of the Association, nor shall any action taken by said supervisors, School Committee, or its representatives as a result of such discussion be the subject of a grievance unless such action is in specific and direct contravention of express language in a specific provision of the Agreement.  The Association will be notified and have a right to attend any such session before the School Committee.

 

3.      There shall be no discrimination, interference, restraint, or coercion by the School Committee, the Teachers' Association or their respective agents against any employee because of membership or non‑membership in the Association as a condition of employment in the Nauset School System.

 

4.      As a condition of continued employment while this Agreement shall continue in effect, every employee covered by this Agreement, if and when not a member in good standing of the Association, shall pay by payroll deduction to the Association an agency fee equal to eighty (80%) percent of the combined dues for full membership in the Nauset Education Association, Massachusetts Teachers' Association, and the National Education Association.  The deduction will start with the first paycheck in October and continue until the last paycheck in June.  The deductions will be in equal amounts as discussed in Article XXIII, Payroll Deductions.  The Committee shall not be responsible and the Association agrees to hold the Committee harmless from any action it takes against any employee as a result of the adoption of Chapter 150E, Section 12 (the Agency Fee clause).

 

5.      Contract Security.  Any contract or employment notification issued contrary to the terms of any agreement shall be invalid and shall be canceled by the Superintendent, and shall be re-issued without prejudice to any previous signature of acceptance by any party.

 

6.      Association Security.

 

a.       Mail Boxes.  The Association shall have the right to use employee mailboxes at each building.

 

b.      Mail System.  The Association shall have the right to use the inter-school and intra-school mail system.

 

           

                                                                                ARTICLE II

                                                                 Management Rights

 

Under the laws of Massachusetts, the School Committees elected by the citizens of Nauset Region and School Union No. 54 have final responsibility for establishing the education policies of the public schools of the Region and School Union No. 54, for management of said schools, and for directing their operation (a responsibility which includes the duty to maintain public elementary and secondary schools and such other educational activities as they find will best serve the interests of the Nauset Region and School Union No. 54), and to exercise such other authority, rights, and powers conferred upon the Committees by the laws of Massachusetts and the Rules and Regulations of any pertinent agency of the Commonwealth.

 

 

 

 

ARTICLE III

Negotiation Procedure

 

1.      Not later than October 1st of the calendar year preceding the calendar year in which this Agreement expires, the Committee agrees to enter into negotiations with the Association over a successor agreement.  The October 1st date will be the first negotiation meeting date, unless the parties agree otherwise.

 

2.      Any agreement reached by the parties shall be reduced to writing, and signed by the Committee and the Association.

3.      If the negotiations described in section 1.  reach an impasse, the procedure described in Chapter 150E of the General Laws will be followed.

 

ARTICLE IV

General

 

1.      There shall be no reprisals of any kind taken by either party against any employee by reason of his/her membership or non‑membership in the Association, or participation or non‑participation in its activities.

 

2.      A copy of the official agenda of Committee meetings will be posted in the building faculty room twenty-four (24) hours prior to said meeting except in case of emergency.  Copies of minutes of official Committee meetings will be posted in the building faculty room as soon as possible after becoming official.

 

3.      The amended Agreement shall be printed in booklet form within sixty (60) days after ratification by both sides, whenever possible, and copies distributed to present employees.  The cost of such publication will be borne by the School Committee and the Nauset Education Association equally.

 

4.      A copy of all vacancy notices will be posted in each building faculty room at least five (5) business days prior to closing.

   

ARTICLE V

                                                                                Salaries

 

1.      The salaries of all persons covered by this Agreement are set forth in Appendix “A” the Unit A Schedule, Appendix “B” the Extracurricular Salaries-Athletic, and Appendix “C” the Non-Athletic Extracurricular Salary Schedule.  Physical therapists, occupational therapists, and interpreters salaries will be whatever is negotiated by the parties in this contract.

 

2.      All persons on the employees’ Salary Schedule will have the option of being paid in either twenty‑one (21) or twenty‑six (26) payments.

 

a.       The following shall only apply to employees employed exclusively by the Nauset Regional School District.  When a scheduled pay date falls on a holiday, employees will be paid on the day before that holiday.  When the day before the holiday is a work day, paychecks will be distributed at each work site.  When the day before the holiday is a non-work day, paychecks will be mailed.  During the summer and school vacations, paychecks will be mailed.”

 

b.      The Nauset Education Association agrees to hold the School Committees harmless for any interest or penalties resulting from the non‑performance of Article V, 2. a., providing such non‑performance is not the fault of the School Committees.

 

3.      Wages for Unit A employees 2014-2017:  Effective July 1, 2014, the salary schedule will increase by 2.00%.; effective July 1, 2015, increase by 2.25%; effective July 1, 2016, increase by 2.50% with 185 work days as outlined in Article VIII.

2014-15

2015-16

2016-17

+2.00%

+2.25%

+2.50%

 

 

                                                 

Salaries listed in Appendix A of the existing contract would increase by the percentages listed above for each year of the contract.

 

4.      Effective July 1, 2007, a new column will be added to the salary schedule and will be designated as M+90.  When initially established, this M+90 column shall be 1.8% greater at each step than the M+75 column counterpart step then in effect.

 

5.      Hourly rates for curriculum development and other part time hourly work, except any work included in Appendix B or Appendix C, are as follows:

 

2014-2015:  $34.68          2015-2016:  $35.26        2016-2017:  $36.35

 

 

ARTICLE VI

Teacher Employment

 

1.      Full credit will be given to eligible employees upon initial employment for any applicable combination of the following reasons:

a.       Comparable teaching experience.  Breaks in service beyond five (5) years (except for approved leave) will not be credited as comparable teaching experience.

b.      Actual scheduled teaching experience in the military service (maximum credit of one [1] year).

    1. Peace Corps (maximum credit of one [1] year).

d.      Relevant business and/or industrial experience (maximum credit of one [1] year).

e.       Entry level for teachers will be up to step 3 (at the Superintendent’s discretion), plus additional steps, one (1) per year of experience.

 

2.      New personnel will be placed on the proper step and scale of the Salary Schedule as determined by the Superintendent of Schools or designee in accordance with Article VI, Section 1 above.

 

3.      Employees participating in compensated athletic or extracurricular activities will be notified of his/her appointment in writing.

 

 

ARTICLE VII

Nurse Employment

 

1.      A School Nurse shall meet all appropriate regulatory standards of the Department of Education, Public Health, and any other governing agency.

 

2.      Nurses will work the same number of days as teachers, earn salary credits in the same fashion as teachers, and have full use of salary lanes and steps in Appendix A.

 

3.      Step credit on the salary scale will be given year for year for specific experience as a school nurse, up to three (3) steps on our schedule, or on recommendation by the Superintendent for other valid experience which would relate to the nature of the work in our District.  This credit may or may not be given on a year for year basis.

 

4.      No later than June 1, all nurses will be notified in writing whether they have been reappointed for the coming school year. Nurses not reappointed will be notified in writing of the reasons for the non‑reappointment.

 

5.      Nurses may be required to work up to three (3) additional days at their per diem rate of pay prior to the start of school upon annual approval by the Principal.  Nurses shall be notified of this additional work prior to the last day of school in the previous year.  After the last day of the prior school year, upon request of a nurse, a Principal, in their sole discretion, may approve additional days up to a maximum of three (3) days.

 

ARTICLE VIII

                                                             Work Year, Day, Hours

1.                  Work Year.

 

a.       Effective July 1, 2014, the work year shall be one hundred eight four (184) days.  Effective July 1, 2016, the work year shall be one hundred eighty-five (185) days.  The work year will normally begin no earlier than the day after Labor Day and terminate after completion of the one hundred eighty-four (184) days during the 2014-2015 and 2015-2016 school years, and after the completion of one hundred eighty-five (185) days during the 2016-2017 school year.   A teacher must have worked 50% or more of their assigned schedule in the preceding school year, which credits Family Medical Leave Act (FMLA) and authorized paid and unpaid medical leave as periods worked, in order for that year to count as a year of service toward step advancement on the Wage Scale (Appendix A).

 

    1. During the 2014-2015 and 2014-2016 school years, these work days will consist of one hundred eighty-one (181) student days; two (2) days prior to the opening of the student school year including one (1) opening day for all staff and one (1) system-wide professional development day.  One (1) additional day will be a system-wide professional development day.  The final work day will be a flexible professional development day that may take the place of one student day for staff.  During the 2016-17 school year, these work days will consist of one hundred eighty-two (182) student days; two (2) days prior to the opening of the student school year including one (1) opening day for all staff and one (1) system-wide professional development day.  The remaining days will include one (1) additional system-wide professional development day, and two (2) flexible professional development days. 

 

    1. System-wide professional development days will be planned by the Assistant Superintendent in consultation with the Professional Development Council.  An exception to the work year is:

 

(1)               In the years Labor Day falls on the 5th, 6th, or 7th of September, the School Committees may determine to begin the work year on the Wednesday before Labor Day.  Student and teacher calendars will be voted by the School Committee after consideration and recommendation by the Curriculum Council.

 

(2)               At the request of the Superintendent, recognized employees under this contract being employed in this system for the first time may be required to attend up to three (3) additional days immediately prior to the opening of school.  These days may begin two weeks prior to Labor Day weekend and will be for the purpose of orientation and as an introduction to the mentoring process.

 

Within their normal work day, employees may be asked to attend meetings, excluding Fridays and days immediately preceding holidays or non-school days.  These meetings will be from the aggregated administration time.  For meetings held beyond the student day, grades PreK-12 will attend a maximum of two (2) meetings per month for purposes as outlined by the Principal or Superintendent.  In lieu of a 3rd monthly meeting, teachers will work collaboratively or individually a minimum of ten (10) hours annually on curriculum, instruction, and/or assessment projects (e.g. unit plans, assessment tools or strategies, review of iPad apps and follow-up use with students, co-planning with curriculum materials, collaborative scoring of common student assessments, creation of lessons/units with embedded use of technology).  These projects could be identified as part the goal-setting process with the Principal or may be mutually agreed upon as a worthwhile project outside the realm a staff member’s annual goals.  These projects may be used as evidence during the evaluation process and submission of the evidence will follow evaluation guidelines and timelines.  Otherwise, it is expected that projects will be completed by June 1st of each school year.  Discrepancy in the approval of curriculum, instruction, or assessment projects may be appealed through the Assistant Superintendent.

 

d.      Employees may be required to attend up to five (5) evening activities per year, assigned by Principal.  These activities will last no longer than three (3) hours.  Evening activities are defined as those that occur between 4:30 – 8:30 P.M. for grades PreK-5 and between 4:30 – 9:00 P.M. for grades 6-12.

 

e.       Employee participation in compensated extracurricular activities will be voluntary and, once such agreement has been made, it is part of a separate written contract for the school year.

 

f.       Employee participation in non‑compensated extracurricular activities will be voluntary.  Employees will not be asked to participate in any non‑compensated extracurricular activity that was previously compensated.

 

g.       Part-time employees will attend a percentage of all meetings as outlined in Article VII b. (1).   The percentage of time to be determined by the amount of time employed.

 

h.      The Committee will provide release time, two (2) times per year, to those elementary teachers with nineteen (19) or more conferences to conduct.  That release time will be sufficient to accomplish those conferences in excess of eighteen (18).

 

2.                   Employees' Work Day.

 

a.       All Levels (Pre K‑12)

 

(1)               Within the normal work day, one student assistance day per teacher may be formally assigned and scheduled per week except on Friday or any day preceding a non-school day.   Student assistance time will begin during the month of September and end during the month of June.  Other student assistance shall be voluntary on the part of the teacher. 

 

(2)               Excluding early dismissal, the employee work day will be aggregated time to a work week that will include 37.5 hours.  Normal student-teacher contact time, other than student assistance or extracurricular assignments, will be scheduled within a daily six (6) hour and fifteen (15) minute period from Pre-K-grade 8, and six (6) hour and twenty-two (22) minute period grade 9-12. This period of six (6) hours and fifteen (15) minutes, or six (6) hours and twenty-two (22) minutes will be scheduled between 7: 00 a.m. and 4:30 p.m. excepting the High School dropout prevention program. Teachers will be notified of their scheduled hours by June 15.  Student-teacher contact during a differentiated day would be considered instructional.  Stipend assignments (e.g. clubs) are not suitable for differentiated schedules.

 

(3)               That portion of the work day which administration may apportion shall be aggregated weekly at the rate of thirty-three (33) minutes per day for a total of 165 minutes per week. The first half hour beyond the student day shall be apportioned by the principal, except that no more than fifteen (15) minutes may be apportioned after school on a day when there is an evening meeting.  The aggregated balance of the required work week shall be apportioned at the discretion of the individual teacher.  The administrative aggregated time may be assigned for contractually permitted purposes such as meetings, student assistance, time required to be in school before or after the student day.  No meeting shall extend beyond one (1) hour.  There will be no aggregation of time on in-service days.

 

(4)               Within the thirty-seven and a half (37.5) hour teacher work week, normal student-teacher contact other than student assistance or extracurricular assignments, will be scheduled as provided in (2) above.  A scheduling committee will be formed as part of the scheduling process in each school and voluntary participation on this committee will be communicated to all staff.  A wide representation of staff members including classroom teachers, special needs teachers, specialist teachers (e.g. P.E., Art, Music, Library, Technology), educational assistants, and support staff will be sought for this committee.  The purpose of the scheduling committee will be to consider changes to the student day and adjustments to the existing schedule that may maximize student learning time and allow co-planning time and/or collaboration time among staff.  Consideration will be given to all factors impacting scheduling (e.g., age of students, service delivery for students on IEPs, coverage of recess/lunch duties, Title I services and interventions, creation of blocks for instructional time, transitions).  The goal of the scheduling committee will be to determine a foundation schedule by June 1 for the subsequent year. 

 

(5)               All assignments shall be made equitably by the Principal.  This includes, but is not limited to, bus duty, late duty, corridor duty, and cafeteria duty.

 

(6)               Exceptions to the provisions of Section 1. above may be made only if the School Committee (or designee), and Association jointly determine that it is necessary to do so in the best interest of the educational process.

 

(7)               For teachers who are employed at more than one level (Pre-K‑5, 6‑8, or 9‑12), every effort will be made to apply the items in 1.b., 1.c., and 1.d. to them in proportion to their time spent at each level.

 

(8)               Under emergency conditions, as determined by the building principal, teachers may be given additional assignments as necessary on a non-continuing basis.

 

(9)               Teachers shall be required to remain at school during the work day except for field trips and activities normally held out-of-doors.  Teachers may, however, be excused at the discretion of the Principal.

 

(10)           Duty Free Lunch within the Student Day.

 

a.          Elementary teachers receive a twenty-five (25) minute duty-free lunch period.

 

b.         Middle School teachers receive a twenty-five (25) minute duty-free lunch period.

 

c.          High School teachers receive a duty-free lunch period.

 

(11)           One individual may be appointed Department Head of each academic department, overseeing grades 6-12, with responsibilities consistent with the current 9-12 Department Heads.  This position will be paid in accordance with the prevailing rate for High School Department Heads, and have reduced teaching responsibilities equivalent to an additional free block at the High School, beyond the usual Department Head schedule.  An Assistant Department Head will be based in the school other than that in which the Department Head has primary teaching responsibilities, and be paid the rate in place for Middle School Subject Coordinators. (Per 10/16/00 M.O.U.)

 

(12)           The Committee agrees to limit teacher pullout for professional development activities for teachers with professional teacher status to nine (9) days over the course of three (3) years.  The use of flexible professional development days by staff will not count toward these nine (9) days.

 

b.      Elementary (Pre K‑5).

 

(1)            Elementary teachers’ student contact time shall be no more than twenty-four and a quarter (241/4) hours weekly.  Each elementary teacher will be assigned supervision of students during recess or lunch a maximum of two (2) times per week.

 

(2)            All elementary school teachers shall have sixty (60) minutes preparation time daily; a minimum of forty-five (45) continuous minutes of preparation time daily within the student day with no decrease below the 2001-2002 preparation times.  Every effort will be made to provide fifty (50) minutes daily within the student day.  In addition to the preparation time above, teachers will have a minimum of twenty-five (25) consecutive minutes per week within the student day for the purpose of co-planning and collaboration. 

 

(3)            Elementary teachers shall have a preparation period when their students are being taught by specialists in music, art, library, or physical education, or by their principals, or by any other qualified educator, except when advance notice has been given that a demonstration lesson for the benefit of the teacher and involving new techniques and/or materials is to be taught.  Except in extraordinary, nonrecurring circumstances, preparation time will be free of administrative responsibilities.

 

(4)            During the 2014-2015 and 2015-2016 school years, elementary school teachers who hold parent conferences will be given two half days - one prior to the first trimester report card being sent home and one prior to the second trimester report card being sent home - for the preparation of report cards and conferences.  These teachers will be given a half day of release time in June in order to prepare final reports for the school year.  This time shall be accomplished through release time, and will not be at the same time for all elementary teachers, but instead will be staggered.  An electronic version of the report card utilizing the District’s student information management system will be voluntarily piloted by staff during the 2014-15 school year and will be implemented by all elementary staff during the 2015-16 school year.  Report card preparation time outlined above will provide teachers with transition time to adjust to implementation of this electronic report card system.  Beginning in the 2016-17 school year, with full implementation of the electronic report card in place, teachers will not be given report card preparation timeParent conferences will be scheduled for 15 to 30 minutes each as needed.

 

c.       Middle School (6‑8).

 

(1)            A full time teacher shall be scheduled for twenty-one (21) fifty-five (55) minute classes per week based on the current six (6) period day.  During the six and one quarter (6 ¼) hour student instructional day, the teacher will be assigned and scheduled for non-instructional duties, such as:  department collaboration; team planning time; hall, bus or lunch duty; or duties which relate to the teacher’s subject area (i.e., gym equipment inventory, computer lab updating, etc.).  Time must be apportioned by the principal for the completion of any assigned tasks, such as homeroom and other teacher responsibilities.  In the event that the administration wants to change to an alternate schedule, after collaboration with staff at the scheduling committee, the same percentage/number of hours per week of teaching time would apply.

 

(2)            Excluding early dismissal days, each teacher will receive one preparation period daily.

 

(3)            The daily preparation time shall total fifty-five (55) minutes, comprised of at least one forty (40) minute increment.  This shall not cause any reduction in core academic instruction.  Except in extraordinary, nonrecurring circumstances, preparation time will be free of administrative responsibilities.

 

(4)            During the period between the close of grades and parent-teacher conferences, team planning time will be available to middle school teachers in order to prepare for parent-teacher conferences and for use in the preparation of report cards.

 

d.      High School (9‑12).                                                                

 

(1)            Based on a four (4) period day, the teacher's day shall be no longer than 7-1/2 hours.

 

(2)            There will be eight (8) 85-minute periods in a two (2) day span.

 

(3)            In a five (5) class teaching schedule, each teacher will have a daily planning period.  Individual schedules will reflect a rotating period that will result in additional meetings of a teacher’s regularly scheduled classes and preparation periods.  This occurrence will happen once every fourteen (14) school days for each class.

 

(4)            Except in extraordinary, nonrecurring circumstances, preparation time will be free of administrative responsibilities.

 

(5)            Department heads will be provided with adequate time to perform their supervisory duties within said schedule and without being deprived of their guaranteed daily preparation time.  Note: This section does not apply to subject coordinators.

 

3.   Nurses' Hours and Work Load.

 

a.       Except in emergencies, no extra duties shall be assigned which will interfere with the normal responsibilities of the nurse.

b.      The nurses shall be expected to carry out all duties and responsibilities as set forth in the school nurse job description.

c.       A duty‑free lunch period shall be provided for the nurses unless it is interrupted by an emergency involving the health of a student.

 

2.      Therapists and Counselors Work Day

 

a.       Therapists (speech, occupational, and physical therapy) and Counselors (guidance, school adjustment, social workers, and school psychologists) may be scheduled to work earlier than other teachers (between 7:00 A.M. – 8:15 A.M.) or may be scheduled to work later than other teachers (between 1:30 P.M. and 4:30 P.M.) in order to provide their services to students and or the students’ families.  If a therapist or counselor is assigned to work either before or after the regular student day of the building in which they are working, their total working day of 7.5 hours shall not be split.  In no instance shall these teachers work a longer day or work week than outlined in Article VIII, Section 2. A. (2).

 

 

 

ARTICLE IX

Class Size and Special Programs

 

1.      The School Committees will make every effort to maintain an average class size in conventional academic groups in grades Pre K‑12 at twenty‑five (25) students per classroom teacher.

 

2.      In the light of modern education developments, it is essential to move toward flexibility relative to numbers of teachers and students participating in the process of teaching and learning. Class sizes will be appropriate to each learning situation and will be no greater than the number for which the facility was designed.

 

3.      The Committees and the Association recognize the value of an adequate number of competent specialists, and will keep informed of new programs.  To the extent that funds are available, personnel will be secured as the need arises.  Teaching loads will be appropriate to their specialties.

 

 

ARTICLE X

Non‑Teaching Duties

 

1.      The Committee and the Association acknowledge that a teacher’s primary responsibility is to teach and that his/her energies should, to the extent possible, be utilized to this end.

 

2.      Furthermore, the Committee and the Association recognize that such learning is achieved by students through the interpersonal relationship between the student and teacher during many activities other than regular formal classroom (teaching) situations.  However, the Committee agrees that many duties of a clerical and housekeeping nature, such as those listed below, should be minimized as much as possible.

  

a.       Supervision of cafeterias, corridors, sidewalks, and buses.

b.      Keeping registers.

c.       Collecting and accounting for money.

 

ARTICLE XI

Assignment

 

1.      Teachers will be notified, within the range of reasonable timing, in writing, of their program for the coming school year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have, as soon as practicable and, under normal circumstances, not later than two (2) weeks prior to the last day of school.

 

2.      In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned outside the scope of their teaching certificates and/or their major or minor fields of study, except as provided by the laws of the Commonwealth.

 

3.      Changes in grade assignment in the elementary schools, and in subject assignment in the secondary schools, shall be at the discretion of the Principal/Superintendent.  Although involuntary changes may be necessary, requests for voluntary changes will be considered and said requests shall be submitted to the Principal in writing, on or before April 1 of the year preceding the change.  Involuntary changes by the Principal shall not be done in an arbitrary, unfair, or capricious manner.  When vacancies occur after April 1, the April 1 deadline for filing requests will be waived.

 

4.      In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter‑school transportation.  Such teachers will be notified of any changes in their schedules as soon as practicable.  Teachers employed in more than one elementary school shall be employed by Superintendency Union 54 with seniority and tenure earned directly from the Superintendency Union.  Teachers who are assigned to more than one school in any one school day will receive compensation for inter‑school transportation. Teachers who receive travel compensation will present evidence that they are insured to minimum liability limits as follows:

 

a.          $25,000 bodily injury ‑ each person.

b.         $50,000 bodily injury ‑ each accident.

c.          $10,000 property damage ‑ each accident.

 

5.      Assignments will be made without regard to race, color, creed, religion, nationality, sex, marital status, or age.

 

ARTICLE XII

Nurse Assignment

 

1.      Nurses shall be notified as early as possible of any changes planned in his/her school assignment, location in a building, or in any matters involving a change in routine or duties.

 

2.      Nurses shall receive travel compensation for any necessary travel connected with their duties.  They will present evidence that they are insured to minimum liability limits as follows:

 

a.       $25,000 bodily injury ‑ each person.

b.      $50,000 bodily injury ‑ each accident.

c.       $10,000 property damage ‑ each accident.

 

 

ARTICLE XIII

Employee Evaluation

 

A proposed new form “Quick Observation Form” [previously submitted as “Walkthrough Observation Form”] will be negotiated in a sub-committee.

 

  1. All aspects of the evaluation process will be consistent with and in compliance with the standards contained in the Massachusetts Department of Education Laws and Regulations.

 

  1. Only the approved, contractually agreed upon evaluations forms and procedures will be utilized throughout the school system.

3.      Evaluation and observation will always be in an open and ethical manner consistent with the September 24, 1997 agreement between the Association and the Committees.

 

4.      Employees will have the right upon written request to the Principal or Superintendent to inspect, by appointment, the contents of their evaluation file.  An employee will be entitled to have a representative of the Association accompany him/her during such review (Chapter 71, Section 42C).

 

5.      All material, which will be placed in any local evaluation file, will bear the employee's initials.  Such initials or signature in no way indicates agreement with the contents thereof.  The employee 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.

 

6.      Any complaints regarding an employee upon which action is to be taken by the administration, made to any member of the administration, or by any parent, student, or other person, will be promptly called to the attention of the employee.

 

7.      The Association recognizes the authority and the responsibility of the Principal for reprimanding an employee for delinquency of professional performance.  If an employee is to be reprimanded by a member of the administration at or above the level of the Principal, he/she will be entitled to a member of the Association to be present.  The administrators are not to be denied the right to give constructive criticism to members of the faculty.

 

8.      No employee will be reprimanded or dismissed or lose professional advantage without just cause.  This section shall not apply to the non‑renewal of a teacher without professional status to a Contract of Employment.

 

9.      A teacher without professional status of ninety (90) days or more and to whom a recommendation has been made for dismissal or for non‑renewal of contract shall be so notified in writing of the reasons for that recommendation and, if requested, a teacher without professional status shall be granted a hearing by the Superintendent of Schools.  A teacher without professional status may grieve a dismissal which occurs during the contract year, but may not grieve a non‑renewal.

 

10.  The parties will jointly publish evaluation documents annually.

 

11.  The parties agree to form a Joint Labor-Management Study Committee, which shall consist of up to seven (7) members from the Nauset Education Association (NEA) and up to seven (7) members from the Administration, representing the School Committee.  The purpose of said Committee shall be to work collaboratively to resolve issues of importance affecting the teachers or the administration. The Joint Labor-Management Committee shall meet from time to time to review these issues, including but not limited to the implementation of initiatives mandated by the Department of Elementary and Secondary Education (DESE) or some other federal, state, or local government.

 

ARTICLE XIV

Guidance Personnel

 

1.      The salary of the Director of Guidance is to be the individual's step and scale on the teachers' basic Salary Schedule plus a stipend as Department Head at the appropriate rate set forth in Appendix C.  The Director's work year shall be the same as that of teachers except that at the Superintendent's discretion, the work year may be increased beyond that of the classroom teacher.  Any such increase in work year will be compensated at a per diem rate based on the Director's step and scale on the teachers' basic Salary Schedule.

 

2.      The salaries for school counselors, high school psychologist and middle school special needs counselor shall be each individual's step and scale on the teachers' basic Salary Schedule.  The work year for counselors, high school psychologist, and middle school special needs counselors shall be the same as that of teachers, except that at the Superintendent's discretion, the work year of any and all such individuals may be increased beyond that of the classroom teacher.  Any such increase in work year will be compensated at a per diem rate based on the individual's step and scale on the teachers' basic Salary Schedule unless other arrangements are agreed to mutually.

 

3.      The School Committee shall make every effort to keep the student counselor ratio, on the regional level, at no more than 350‑1.

 

4.      The School Committee shall make every effort to keep the student counselor ratio, on the elementary level, at no more than 350‑1.

 

5.      The length of time worked by counselors shall be the same as that worked by classroom teachers.  Counselors may be required to work up to two evenings per month as directed by the Superintendent or designee and, in cases where evening work occurs, the counselor will receive compensatory time during the regular school day.  It is agreed that no counselor will be directed to work during the evening unless at least one other professional employee is scheduled to be present in the building during the same evening hours.  Further, in addition to the work hours required by this section, high school guidance counselors will be required to work an additional two hours per week at the rate of $30 per hour.  No high school counselor will be required to work more than one (1) extra hour per day, and these additional hours shall not be required on a Friday, or the day before a holiday or vacation.

 

 

ARTICLE XV

Professional Growth

 

1.            The Committee and Association recognize that teaching is a professional endeavor, and in order to promote creative growth and quality education, agree that it is the responsibility of each teacher to pursue excellence in his/her field of teaching, and shall make every effort to engage in courses of study, community involvement with youth, curriculum studies, workshops, travel, tutorial services, independent study, and other pursuits deemed to improve teaching proficiency.

 

2.            Movement from one column to the next higher column in the salary scale will be based upon proof of attainment of required number of college credits with proof of completion of degree program.  All courses to be applied for salary credit must be approved by the Superintendent of Schools in writing IN ADVANCE of taking said course.  Such approval shall not be unreasonably withheld.  Movement to a new salary lane, based upon earned course credits or a new degree, shall not take effect until the next budget year.  The School Committee agrees to honor a new degree only when the degree's major emphasis has significant relevance to the teacher's present assignment, or when the new degree is in guidance or administration.  No movement will be allowed unless the Superintendent is notified in writing of the anticipated move prior to November 1.  Such written notification applies only to a movement commencing the following school year.  If such movement does not occur the following school year, then notification must be given again by November 1 of the year preceding the year in which salary movement is anticipated.  On or about October 1 of each year, teachers will be notified on the current number of credits that are on file at the Central Office.

 

3.            No payment shall be made before transcripts or similar records are submitted to the Superintendent's office for recording.

 

4.            Credits earned under previous Nauset contracts will be honored.

 

5.            Employees newly hired into this system may have courses applied for salary credit provided they pertain to the assignment for which the employee is hired, as determined solely by the Superintendent of Schools.  Such approval shall not be unreasonably withheld and be given to the employee in writing.

 

6.            No salary credit shall be approved for online courses that are not through an accredited college or university.  Online courses that are through an accredited college or university must be approved in advance of the course being taken by the Principal and Superintendent. 

 

7.            Salary credit for undergraduate courses may be approved at the Superintendent's discretion.

 

8.            Salary credit shall be allowed only for those approved graduate level approved courses wherein a grade of B minus (B‑) or higher is achieved.

 

9.            Nauset professional development and professional growth will align with the Massachusetts Department of Education Standards for Teacher Recertification.  Effective 7/1/11, the accumulation of Nauset credits will cease; only graduate credits from a bona fide college or university may be used for salary lane changes.  Nauset credits earned prior to 7/1/11 would still be allowed.

 

10.        Increment payments for those not at the maximum step, and longevity payment increase, or credit toward longevity for those on the maximum step, will be allowed only when the Superintendent is advised in writing of such successful accomplishment of the Professional Growth Plan before the preceding January 1.

 

11.        Professional growth activities will be supported through an annual appropriation in the budgets.  Effective July 1, 2014, the funding level for course reimbursements under Article XV, Section 11 shall increase to $130,000.  Effective July 1, 2015, the funding level shall increase to $135.000.  Effective July 1, 2016, the funding level shall increase to $140,000.  Teachers who already possess a Master’s degree shall be limited to reimbursement for a maximum of nine (9) credits per contract year.  Teachers who are enrolled in a Master’s degree program may receive reimbursement for a maximum of thirty (30) credits per contract year.  The funds may be used for professional growth items including, but not limited to:

 

a.             Course reimbursement in the amount of $250 for each credit.

b.            Sabbatical leaves.

c.             Other professional development pursuits.

d.            Costs associated with workshops and in‑service.

e.             Costs associated with providing courses on the Cape.

f.             Projects and services beyond regular teacher professional duties, e.g., mentoring, demonstrated teaching, curriculum development, peer coaching, etc.    

g.             Nurses will have access to this account.

 

12.        Staff members who agree to be professional development presenters for District-sponsored programs/workshops will earn the current rate for work per hour.  For the initial presentation by staff, paid preparation time can be up to twice (2x) the hours of the actual workshop time.  For the second presentation of the same workshop by staff, presenters may earn up to the actual workshop time (to allow for revisions/refinements to the workshop) for presentation work.  Presenters will not be paid for preparation time after the second workshop with the same or nearly the same content.  Presenters will earn PDPs as agreed upon in the contract for workshop presentations.  Each school will have a Faculty Council to plan, with the Principal, school-based professional growth activities.  Majorities of both the Faculty and Professional Development Councils shall be teachers.

 

13.        Staff members who agree to be professional development presenters for District-sponsored programs/workshops will earn the current rate for work per hour.  For the initial presentation by staff, paid preparation time can be up to twice (2x) the hours of the actual workshop time.  For the second presentation of the same workshop by staff, presenters may earn up to the actual workshop time (to allow for revisions/refinements to the workshop) for presentation work.  Presenters will not be paid for preparation time after the second workshop with the same or nearly the same content.  Presenters will earn PDPs as agreed upon in the contract for workshop presentations.

 

 

ARTICLE XVI

Professional Development and Educational

Conferences and Workshops

 

1.      The Committee will pay the reasonable expenses (including fees, meals, lodging, and/or transportation) incurred by employees who attend workshops, seminars, conferences or other professional improvement sessions with the advance approval of the Principal and Superintendent of Schools.

 

2.      Notices of conferences and workshops received by the administrators of the various schools and the Superintendent of Schools shall be passed on to those employees involved either through the department heads or on the faculty bulletin board.

 

3.      Staff participating in the Flexible Professional Development Day will complete a “Conference/Workshop/Flexible PD Day Request” form and receive advance approval of the Principal and Superintendent of Schools.  Staff members who are participating in Flexible Professional Development Day activities during a scheduled ‘student day’ are expected to complete their work within one of the District buildings.  Exceptions would be made for visits to other schools, offsite workshops, or when attendance at an offsite location (e.g. Cape Cod Museum of Natural History) is required as part of their professional development work.  The Committee will pay the reasonable expenses (including registration fees/travel) incurred by employees up to a maximum of $200 per staff member per year when there is a cost for a conference/workshop.  Costs beyond the $200 per staff member may be approved by the Principal and Superintendent if funds are available.  Staff shall receive PDPs for work accomplished during flexible professional development days when at least eight (8) of the ten (10) Massachusetts Standards for High Quality Professional Development are met.  Staff should complete a PDP Proposal Form and have it signed when PDPs are a desired outcome for individual/collaborative work during a flexible professional development day. 

 

4.       Staff who receive approval for a Flexible Professional Development Day that is not a scheduled student day will be allowed to take a compensation (comp) day during a scheduled student day.  Notification of absences due to a comp day shall be made in advance and the scheduled date shall be approved by the Principal using the “Leave Request Form”.  Comp days shall not be allowed to extend a vacation, or on a day immediately before or immediately after a holiday or holiday weekend. 

 

ARTICLE XVII

Sabbatical Leave (includes Nurses)

 

1.      Subject to the recommendation of the Superintendent of Schools, sabbatical leaves may be granted by the School Committee to those teachers and nurses who have completed seven (7) full school years of full‑time teaching or administrative service in the school system.

2.      For purposes of this article, Brewster, Eastham, Orleans, Wellfleet, and the Nauset Region shall each be considered a separate school district.

 

3.      Sabbatical leave, when granted, will be for educational improvement, and the applicant for sabbatical leave shall set forth a detailed statement as to how said leave will contribute to the professional growth of the candidate and the best interest of the school system.

 

4.      Applications for sabbatical leave must be made in writing to the Superintendent of Schools no later than November 1 of the year preceding the year for which the leave is applicable.  Action shall occur on the application by January 1 of the year proceeding the year for which the leave would be applicable and applicants shall be notified of such action in writing.

 

5.      Sabbatical leaves will not be granted if the condition of the Department or area of teaching of the applicant is such that the employee’s absence would seriously impair the interest of the school system as determined exclusively by the Superintendent.

 

6.      When a sabbatical leave is granted, the employee shall receive full pay less the costs of a substitute.  However, in no case will an employee on sabbatical receive less than step one (1) of the column the employee is presently on.  If a sabbatical is granted and no substitute is hired to fill the temporary vacancy, then the employee receiving sabbatical leave will receive pay equal to the amount that would have been paid to the employee had a substitute been hired at the long‑term substitute rate.

 

7.      If a sabbatical leave is granted and if a substitute is to be hired, the Principal/Superintendent will attempt to hire such substitute at the long‑term substitute rate.  The Principal/Superintendent, however, reserves the right to hire a substitute at the appropriate step and scale up to step 5 on the prevailing salary scale if such higher rate is necessary to secure a qualified substitute.  Once a replacement is tentatively selected, the sabbatical grantee may withdraw the leave request within five (5) calendar days of the date of being notified of the substitute cost, otherwise the sabbatical leave must be taken.

 

8.      Teachers or nurses who take sabbatical leaves will agree, in writing, to return to employment in the school system for a minimum of two (2) full school years as required by law.  Failure to fulfill this agreement shall result in a return to the system of all monies paid to them during the sabbatical leave as put forth in Chapter 71, Section 41A of the General Laws of Massachusetts.

 

9.      Upon completion of sabbatical leave, the employee shall have the right to return to his/her former position, or a position substantially equal, except if Reduction in Force dictates that the employee is to be laid off.

 

10.  No more than four (4) employees in the Region‑Union, (three [3] in the Region, and one [1] in the Union) may be absent on sabbatical leave at one time, provided that only one such employee shall be on full year leave in any year.

 

ARTICLE XVIII

Sick Leave, Personal Leave and Bereavement Leave

 

1.      Employees will be entitled to fifteen (15) days sick leave each school year.  Unused sick leave may be accumulated from year to year up to one hundred eighty (180) days.  Part‑time employees shall be entitled to benefits set forth in this Article on a pro‑rata basis as determined by the Superintendent of Schools.

 

2.      Sick leave shall be granted at the discretion of the Principal or Superintendent to persons only under the following conditions:

 

a.    When they are incapacitated for the performance of their duties by sickness or injury.

 

b.    When, through exposure to contagious disease, the presence of the person at his/her post of duty would jeopardize the health of others.

 

c.    When they are incapacitated for the performance of their duties by disability.  Sick leave will not continue beyond five (5) work days without written verification of the disability by the employee's attending physician.

 

3.      The granting of sick leave is solely at the discretion of the Principal or Superintendent but, if granted, the provisions of Article XVIII, section 2 above must be followed.  Notifications of absences under Section 2 shall be given as early as possible on the first day of absence.  If such notification is not made, such absence may, at the discretion of the Principal or Superintendent, be applied to absence without pay at a per diem rate.  If concrete evidence exists, which shows abuse of sick leave for any period of absence on account of sickness, the Principal or Superintendent may require, for purpose of additional evidence only, a physician's certificate for the necessity of such absence.  If such certificate is not filed within seven (7) calendar days after a request is made, such absence may be applied by the Principal or Superintendent to absence without pay.  It is agreed that the rate of pay is the current per diem rate.

 

4.      Sick leave benefits shall be used as severance pay upon termination after twenty (20) years of service in the Nauset Public Schools at a rate of twenty‑five dollars ($25) per day for all unused sick days in excess of one hundred (100) days, except that any employee will not be eligible for any payment of unused sick days if dismissed with just cause.

 

 

 

5.      Personal Leave

 

a.       All employees shall be entitled to two (2) days of personal leave each year for matters which cannot be accomplished outside of school hours.  Such leave shall be approved by the Principal and is not cumulative.  (No reason need be given.)  Personal days shall not be used to extend vacations.  One day notice should be given (minimum) to provide time for substitute arrangements.  Personal days shall not be allowed on the day immediately before or immediately after a day off, holiday, or vacation, except in an emergency.

 

b.      At the end of a given school year, an employee who has a credit of 100 sick days will be entitled to credit any unused personal day(s) for that year in a special "accumulated personal day account" separate from the accumulated sick leave account.

 

c.       These accumulated personal days will be available for severance pay at the same rate and under the same conditions as accumulated sick leave in accordance with Article XVI, Section 4.

 

d.      Personal leave will be taken in whole day increments.

 

e.       The Nauset School Committees and the Nauset Education Association recognize the intent of the contract’s language on Personal Days; that is, that Personal Days are available for “matters which cannot be accomplished outside of school hours” (Article XVIII, Section 5.a.). The parties acknowledge the administration’s responsibility to investigate the possible misuse of personal days.  The Committees agree that the administration will notify the NEA of its intent prior to any intervention with staff regarding the use of personal days.

 

6.      To the fullest extent possible, each teacher shall be granted, upon request, at least one (1) day yearly for the purpose of visiting other schools or attending meetings of an educational nature.  Arrangements and approval to be at the discretion of the building principal.  In lieu of visiting other schools and/or attending meetings of an educational nature, it is agreed that this section may be utilized by elected delegates only, to attend the annual Massachusetts Teachers Association annual business meeting.  Said delegates must represent the Nauset Education Association, or the Massachusetts Teachers Association.  For each such delegate missing school as a result of attending this business meeting, the Nauset Education Association agrees to reimburse the District for the full costs of such employees.  It is further agreed the President or the Vice President of the Nauset Education Association will be entitled to paid leave on five (5) additional days for the purpose of attending to business of the Association.  The Association will reimburse the school committee for the cost of a substitute used during said absence.

 

7.      Up to four (4) days at any one time in the event of death of an employee's spouse, domestic partner, child, step-child, son‑in‑law, daughter‑in‑law, parent, step-father, step-mother, father‑in‑law, mother‑in‑law, grandparents, brother or sister, brother‑in‑law or sister‑in‑law, but not uncle, aunt, niece or nephew unless said relative is a member of immediate household.  Up to five (5) days may be granted in case said teacher is designated as fiduciary, or the funeral is over four hundred (400) miles from the place of employment.

 

8.      Leave may be granted for serious emergency illness requiring attention by the employee for a member of the immediate household, including step-families, and the following family members:  spouse, domestic partner, parents, children, sister, brother, grandparents, mother-in-law and father-in-law, for the time necessary to arrange for proper care.  Employees may use up to ten (10) of their own sick days in order to care for the ill family member and to arrange further care if needed.  The Superintendent, in his/her sole discretion, may allow for the use of additional sick time by the employee.  The Principal or Superintendent may require, for purpose of evidence only, a physician’s certificate for the necessity of such absence.  Any paid leave granted under this section will be deducted from the employee's accumulated sick leave and, in cases where an employee has no accumulated sick leave, this leave, if granted, shall be without pay.  Parents need not be members of the immediate household to qualify for this leave.

9.      Permanent employees called into temporary active duty in any unit of the United States Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session, shall receive pay as follows:

 

a.             For the first seventeen (17) days per school year, a rate equal to their regular teacher pay minus the pay which they receive from the State and/or Federal government.

 

b.            For the eighteenth (18) through the thirtieth (30) day per school year, a rate equal to their regular teacher pay minus the pay which they receive from the State and/or Federal government and minus the cost of a substitute.  This subsection b. only applies in situations where the teacher has no control over the required extension of services.

 

c.             No pay beyond the thirtieth (30) day.

 

10.  Temporary leave of absence without pay may be granted for extenuating circumstances at the discretion of the Superintendent.

 

                                                                              ARTICLE XIX

                                                                     Sick Leave Bank

 

1.      A Sick Leave Bank will be established for all parties governed by the Master Agreements of all employees represented by the Nauset Education Association.  The Sick Leave Bank will be instituted to assist those staff whose sick leave accumulation is exhausted through prolonged illness, and who require additional leave.

 

2.      All permanent employees, as stipulated above, will give one (1) sick day to initially fund the bank from their annual sick leave entitlement from the year the bank begins operation.

 

3.      All new permanent employees will give one (1) sick day to join the bank upon initial employment in Nauset.

 

4.      Participation in the bank will be mandatory.  The accrued balance in the Sick Leave Bank shall continue from year to year.

 

5.      The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of six (6) members.  Three members shall be designated by the school committees to serve at their discretion, one of the designees to be the Superintendent of Schools, and three members shall be designated by the Association.  If a tie in voting occurs relative to the granting of Sick Leave Bank days, a tie vote will constitute a denial of the request.  Decisions of the Sick Leave Bank Committee shall be final and shall not be subject to appeal or to the grievance or arbitration procedure.  Applications must be made to the Superintendent who must bring the matter to the Sick Leave Bank Committee within ten working days.

 

6.      Any request denied by the Sick Leave Bank Committee may be reconsidered upon presentation of new information substantiating the need.

 

7.      The Sick Leave Bank Committee shall determine the eligibility for use of the bank, and the amount of leave to be granted.  The following criteria shall be used by the Committee in administering the bank, and in determining eligibility and the amount of leave.

 

a.                   Prior utilization of all eligible leave including sick, personal days, and vacation leave.

b.                  Documented medical evidence of serious, extended illness.

c.                   Propriety of use of previous sick leave.

 

8.      The Sick Leave Bank Committee will have access to Nauset attendance and sick leave records of staff who request days from the sick leave bank.

 

9.      The initial grant of sick leave by the Sick Leave Bank Committee shall not exceed thirty (30) days.  Requests for additional days may be requested in increments up to thirty (30) days upon demonstration of continued need by the applicant.

 

10.  The Sick Leave Bank Committee shall replenish the bank by the contribution of one additional day of sick leave per permanent employee whenever the balance in the bank falls below one hundred (100) days.  This additional day will be deducted from each employee's annual allotment of sick leave.

 

 

ARTICLE XX

Extended Leaves of Absence

 

1.      Leaves of absence without pay for up to two (2) years may be granted by the Superintendent of Schools, upon recommendation of the Principal, to employees with professional teacher status for the following reasons: 

 

a.                   Peace Corps, VISTA, and similar services.

b.                  Drafted into military service of the United States.

c.                   Child Rearing Leave.  Child rearing leave up to eight (8) weeks will be granted to employees without professional teacher status.

d.                  Intensive care responsibilities for a member of immediate family including step-parents, step-children, and domestic partners.

e.                   To fulfill responsibilities if elected to full time public office.

f.                   Graduate studies.

 

  1. The Superintendent will make every attempt to grant all reasonable requests.

 

3.      Whenever possible, written requests for unpaid leave should be submitted to the Principal/Superintendent no later than December 1 of the school year preceding the requested leave and during the leave of absence, the employee shall notify the Superintendent of Schools, in writing by December 1, as to whether or not the employee intends to return to work at the start of the following school year.

 

 

                                                                              ARTICLE XXI

                                                                   Court or Jury Duty

 

1.      An employee called for jury duty or as a subpoenaed witness will be placed on a leave with pay and shall submit to the Treasurer of the Region or Town Treasurer the stipend paid to him/her for the jury duty as a subpoenaed witness, excluding any travel stipend.

 

2.      In court cases not connected with the employee bargaining unit work where the employee is subpoenaed and is a party to the court case, the employer shall not pay for work time missed, and any stipend received by the employee may be retained by the employee.

 

 

ARTICLE XXII

Longevity/Lexington Plan

 

1.                  An employee who has served in the Nauset Region and/or Union 54 for at least fifteen (15) years, will be entitled to an annual longevity stipend.  All years worked for the Nauset District, regardless of school location or assignment (i.e. teacher, educational assistant, secretary), shall count toward years of service for the purpose of longevity.  For the first year of employment to count as a full year of service, an employee’s date of hire must be on or before September 16th.  Effective September 1, 2014, service as a long term substitute shall count toward longevity providing it is part of the employee’s continuous employment. 

 

           Schedule A   -  Longevity & Lexington                     Schedule  B  -  Longevity

 

$  100 after 15 years                                                   $  500 after 15 years

 1,200 after 20 years                                                   1,500 after 20 years

 1,500 after 25 years                                                   2,000 after 25 years

 2,000 after 30 years                                                   2,500 after 30 years

 

2.      Eligibility for a longevity stipend is based upon continuous service after July 1, 1993.  For employees whose date of hire precedes July 1, 1993, longevity will be based upon attaining the required number of years of service.

 

3.      Lexington Plan

 

a.       A supplementary longevity plan (Lexington Plan) will be made available to professional staff members with fifteen (15) completed years of service in Nauset.  Such staff may elect longevity payments of $2,500 for three (3) consecutive years that follow acceptance.  Any sick leave buyback will cease upon acceptance.  Effective July 1, 2011, applications for the Lexington Plan will no longer be accepted.  Beginning July 1, 2011, professional staff who are participating in the Plan, or who applied in FY2010 for FY2011 and were deferred to FY2012, will receive the Lexington Plan and the Longevity payments described in Section 1, Schedule B above.  Professional staff applying for the Lexington Plan in FY2011 and accepted for FY2012 or deferred to FY2013 or later will receive the Lexington Plan and the Longevity payments described in Section 1, Schedule A above.  All other professional staff will be eligible for Longevity payments in Section 1, Schedule B after fifteen (15) years of service to the district. 

 

b.      Application is required and immediate placement is not insured, since the system retains the right to set budget limits; however, the system will not set budget limits that are generally viewed as restrictive.  Members electing, but not immediately placed under the provisions of paragraph a. above, will be carried forward to the next school year, and placed at the top of the list.

 

c.       In the event that an abnormally high number of members elect this option in a specific year, the following sequence of events will take place:

 

(1)      A request will go to all members who have elected this option seeking members willing to delay the start of this option to the next school year.  Members will have five (5) school days to respond to this request.

 

(2)      If a budgetary problem still exists after voluntary delays are sought, members electing this option will start in order of seniority, with the most senior being placed first and the remainder starting the next school year.

 

(3)      No bargaining unit member will be denied immediate placement on the optional longevity schedule specified in paragraph a. above for any reason other than specified in paragraph c., sections (1) and (2).

 

ARTICLE XXIII

Payroll Deductions

 

1.      A statement of itemized deductions will be issued with each payroll.

 

2.      The Nauset Regional School Committee agrees to deduct from employees' salaries dues for the Association, the Massachusetts Teachers Association, and the National Education Association, or any one or any combination of such organizations as the teachers individually and voluntarily authorize the Committee to deduct, and to transmit the amount so authorized to the Treasurer of the Nauset Education Association.  It is agreed that any such combination will be treated as one monthly payroll deduction for administrative purposes.

 

3.      Each employee will authorize dues deductions, or have an agency fee deducted.  Such deductions will be filed with the Treasurer of their respective towns, or representative of the Regional School District through the School Department, a signed and dated "Nauset Education Association Payroll Deduction Authorization Form" authorizing the treasurer of the respective towns, or representative of the Regional School District to deduct from his/her monthly earnings, and to remit to the Treasurer of the Nauset Education Association an amount of money equal to the dues/agency fees  required for membership in the organization or organizations so specified, a

 

4.      waiver of all right and claim against the Committee and the respective towns or Regional School District and the officers and agents thereof, for monies deducted and remitted in accordance with said authorization, and an agreement that such deductions and remittances shall continue from year to year as so authorized unless such employee notifies the treasurer of the respective towns or representative of the Regional School District through the School Department in writing of his/her desire to discontinue or to change such authorization, said notice to be given at least sixty (60) days in advance of the effective date of such discontinuance or change.

 

5.      Dues deductions will start with the first paycheck in October and continue until the last paycheck in June.  The deductions will be in equal amounts or as nearly as equal as possible.

 

6.      Dues deductions for Union 54 schools shall be at the discretion of the town treasurers.

 

7.      The Nauset Regional School Committee agrees to deduct from the salaries of employees, employed in total by the Nauset Regional School District, an amount of money set by the employee to be transmitted to the Massachusetts Teachers Association Credit Union.  It is agreed that any such deductions will be treated as one monthly payroll deduction and, further, that the Nauset Regional School District treasurer shall be notified in writing by the employee by August 1 annually as to the specific amount to be deducted in the upcoming school year.  The amount shall remain constant for the ensuing school year, except that it is subject to withdrawal or change by the teacher as of February 1 of that school year.

 

 

ARTICLE XXIV

Insurance and Annuity Plan

 

1.      The Committee will pay a percentage of the cost of the following types of insurance coverage within the State insurance laws.  These laws do not permit membership in employees' group insurance of individuals who work less than twenty (20) hours per week:

 

    1. Elementary School Employees

 

(1)         A term life insurance plan as approved by the town and made available to employees of the town where employed.  School Committee to pay 50% of the cost or a different percent if approved by the town.

 

(2)         An individual or family health insurance plan as approved by the town and made available to employees of the town where employed.  School Committee will pay 50% of the cost or a different percent if approved by the town.

 

a)      Effective on July 1, 2011, or the date that all bargaining units in a town agree to this provision or amendments to Chapter 32-B of the General Laws of the Commonwealth permit individual bargaining units to bargain different premium contributions rates, the monthly health insurance premium for the group indemnity plan (Master Health Plus or equivalent) shall be split 65% paid by the Town/School Committee and 35% paid by the employee.

 

(3)         Other insurance plans as approved by the town and made available to employees of the town where employed.  School Committee will pay a percentage of the cost as approved by the town.

 

(4)         Health and life insurance benefits of Union 54 employees shall be assigned to an appropriate town by the Superintendent.

 

    1. Region Employees

 

(1)         A term life insurance plan of up to $10,000.  The Regional School District will pay 50% of the cost.

 

(2)         An individual or family health insurance plan as provided by Blue Cross‑Blue Shield including Municipal Master Medical Coverage or equivalent insurance plan.  Nauset Regional School District will pay 70% of the cost.  Beginning in 1991‑92, and thereafter, Master Health Plus will be available to all employees, as well as a Limited Cafeteria Plan (Health Insurance Premium Conversion).

 

a)      Effective on July 1, 2011, the monthly health insurance premium for the group indemnity plan (Master Health Plus or equivalent) shall be split 65% paid by the Town/School Committee and 35% paid by the employee.

 

b)      The Flexible Spending Account (FSA) program as provided by IRS section 125 that is currently in effect for medical expenses shall be expanded to include dependent care.  This allows employees to withhold a portion of their salary through payroll deduction to cover the cost of qualifying medical and dependent care expenses.  The FSA program will provide for maximum allowed by law with annual administrative fees paid by the Committee.  Participants in the FSA will be responsible for any monthly costs associated with their selected accounts. 

 

(3)         Other insurance plans as approved by the Nauset Regional School Committee and made available to eligible employees of the Region.  The School District will pay a percentage of the cost as approved by the Nauset Regional School Committee.

 

2.      Employees will be eligible to participate in a single tax-sheltered annuity plan established pursuant to United States Public Law N. 87‑37, with no cap on the number of annuity companies. Employees must sign up for a tax sheltered annuity by August 1 annually and that amount will remain in effect for the balance of the fiscal year, except that it is subject to change once annually as of February 1, and a lump sum deposit of Lexington Plan monies may be deposited over three (3) consecutive years.

 

3.      Retirees will be eligible to participate in the health insurance program, with the Committee paying 50% of the cost.

 

4.      Nurses will be reimbursed for up to $100 each for Professional Malpractice Insurance.

 

 

 

 

 

ARTICLE XXV

Protection

 

Any employee who is assaulted while exercising his/her responsibilities as an employee of the School Department shall receive due legal assistance to adequately protect him/her from suit (reference Massachusetts General Laws, Chapter 41, Section 100C, as amended).

 

 

ARTICLE XXVI

Personal Injury Benefits

 

Whenever an employee is absent from school as a result of personal injury caused by an assault and/or battery occurring in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any worker's compensation award made for temporary disability due to said injury) for the period of such absence up to his/her amount of accumulated sick leave.  Whenever an employee is absent from school as a result of personal injury caused by assault and/or battery (not the result of his/her own provocation) occurring in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any worker's compensation) for the period of such absence and with no loss of any part accumulated sick leave.  Said coverage not to exceed the teachers’ work year.

 

 

ARTICLE XXVII

Employees' Facilities

 

It will be the policy of the Committee to provide, as expeditiously as possible, each building with normal, good facilities for employees including:

 

a.     Safe Storage.

b.     Employees' Work Area.

c.     Faculty Lounge.

d.     Faculty Rest Rooms.   

e.     Separate Dining Area.

 

ARTICLE XXVIII

Use of School Facilities

 

The Association will have the right to use school facilities for reasonable purposes, on reasonable notice, at reasonable times without cost, consistent with the Building Use Policy of the School Committee.

 

 

ARTICLE XXIX

Reduction in Force

 

1.      In the event it becomes necessary for the committee(s) to reduce the number of employees or reduce the time of an employee in the bargaining unit, the procedures set forth in this Article will govern the layoff and recall of employees who are affected by any such reduction.

 

2.      Each of the five school committees (Nauset Region, Brewster, Eastham, Orleans, Wellfleet), as separate political bodies, retains the exclusive rights to determine the number of teaching positions and other professional positions which are needed in the school(s) under its jurisdiction, and also retains the exclusive right to determine the number and type of employees to be laid off. 

3.      Employees with professional teacher status, under employment with a particular school, shall not be laid off if there is a teacher employed without professional teacher status by the same Superintendent/Principal whose position said Superintendent/Principal deems that the teacher with professional teacher status is qualified to fill.  Qualified is defined as holding a current, active, and appropriate DESE certification.

 

4.      Layoff Criteria

 

a.       In determining the order in which teachers are to be laid off within the discipline, both seniority within the Nauset School system, and overall competence shall be considered.  Seniority is defined as a professional employee’s length of total service in years, months, and days in a professional bargaining unit position commencing on said employee’s initial date of employment (not date of appointment).  Part-time service shall be pro-rated.  Certification in a discipline is a prerequisite to having any seniority in the discipline.  The Superintendent will issue an updated seniority list by February 1 of each year.  The list will be updated each year with DESE certifications of each teacher.

 

b.      Middle School teachers who were required to obtain certification in a subject area shall be credited with full Nauset service time accrued while teaching with a generalist certificate.

 

c.       In the event that grievances related to this article are filed prior to the decision of the Superintendent/Principal, the Superintendent/Principal retains the right to retain, lay off by seniority, or by evaluation, at his/her discretion.

 

d.      In the event that an employee has resigned and has been reappointed, his/her seniority shall be counted from the date of the most recent return to employment in the bargaining unit.  Employees shall be credited for seniority purposes with all time spent on paid authorized leaves of absence provided for in this Agreement.  Unpaid authorized leaves of absence shall not interrupt continuous service for purposes of seniority, but unpaid authorized leaves in excess of ten (10) days in any school year, except those taken pursuant to the FMLA or as an accommodation to a disability or handicap, show not count toward seniority.

 

e.       The teacher within the discipline having the least seniority will be laid off first.

 

f.       A teacher laid off pursuant to section e. above shall have the right to take the position of a teacher in another discipline having less seniority provided the teacher to be laid off is certified in the other discipline.

 

5.   Elementary Disciplines

 

a.   For purposes of this article, each separate elementary school committee shall establish the following list of disciplines for each building:  PK-2 with or without special needs, K-5 or K-8, art, music, physical education, moderate special needs, intensive special needs, library/media teacher, speech, OT, PT, guidance counselor, psychologist, social worker, adjustment counselor, reading, foreign language, and technology.  Teachers may be listed in more than one discipline if they hold current, active, and appropriate certification in that discipline.

 

In addition, Union #54 will recognize the following disciplines:  art, music, physical education, speech, OT, PT, guidance counselor, psychologist, social worker, and adjustment counselor.

 

6.   Middle School / High School Disciplines

 

a.   For purposes of this article, the Nauset Regional School Committee shall establish the following discipline categories that pertain to all Middle School and High School teachers.  This list is based on the current DESE certifications and the licenses they replace (if any): 

 

Academically Advanced, American Sign Language, Biology, Business, Chemistry, Earth Science, English, ELL, Foreign Language (in the specific language to be taught if a certification exits for the language), General Science, Guidance Counselor, Health/Family and Consumer Science, History, Instructional Technology, Latin and Classical Humanities, Librarian, Mathematics, Middle School Humanities, Middle School Mathematics/Science, Music, Nurse, Physical Education, Physics, Political Science, Reading, School Psychologist, School Social Worker / School Adjustment Counselor, Speech, Moderate Special Needs, Severe Special Needs, Technology/Engineering, Theater, Visual Arts.  Teachers may be listed in more than one discipline if they hold current, active, appropriate certification in that discipline.

 

  1. Teachers assigned courses for which certification is not available will be recognized in the discipline(s) for which they are certified.

 

9.      The Committee's designee shall notify the Association as to how many layoffs shall be recommended prior to the Committee voting on said recommendation.  Although the Committee retains the exclusive right to determine how many staff cuts and where the staff cuts are to take place, it encourages dialogue between the parties on this subject.   It is recognized that this Article does not apply to the non‑renewal or termination of a teacher without professional status.

 

  1. Under normal circumstances professional employees to be affected by a reduction in force shall be notified by May 15th, but in no event later than June 1st of the school year preceding the school year in which the reduction is to be effected.  If town meeting reduces the budget from that level submitted by the school committee, then this notice requirement does not apply to the choice of additional staff to be laid off as a result of said town meeting budget reduction, provided, however, that town meeting action adjourns after June 1 and provided that the person(s) affected shall be notified within fifteen (15) business days after acceptance of the budget by the town(s).  Teachers notified that their positions will be eliminated shall be entitled to two paid days for interview purposes.

 

  1. Those elementary teachers who became Region employees as a result of implementation of 4‑4‑4 reorganization plan will have their elementary service credited toward seniority, as will elementary teachers who left the Middle School as a result of the 5‑3‑4 reorganization of 1989.  Elementary teachers employed by Union 54 carry with them such seniority benefits as they have earned from their previous (continuous) employment in the member towns.  Authorized leave of absence with pay shall be considered time worked for purposes of seniority.  Authorized leaves of absence without pay shall not be considered a break in service, but will not count toward seniority.

 

a.   Part‑time personnel:  In the case of employees who are working less than 100% for their respective Committee(s), their length of service status for the part‑time period will be determined by multiplying the percentage of time worked against the total time period involved, i.e., employee employed by the Committee(s) for forty percent (40% of the school day or school year for a total of ten (10) years (40% x 10 years = four [4] years seniority), plus full time employment, if any.

 

b.   In the event of equal seniority, column placement on the salary schedule shall be the determining factor.

 

c.   In the event of equal seniority and equality on the salary schedule, a lottery will be held.  Order of seniority shall be the order drawn, first drawn being most senior.  Such seniority shall be considered enduring unless some subsequent development disrupts the equality that originally required such lottery (e.g., an unpaid leave on the part of the lottery-determined senior employee).  The lottery shall be conducted jointly by the committee(s) and Association.  Employees may attend.

 

 

12.  Teachers without professional status and teachers with professional status will be recalled in inverse order of their layoffs within disciplines as positions for which they are certified/ qualified become open.  Teachers will remain on a call list for a period of two (2) years from their date of layoff.

 

a.       An employee who is recalled by the Superintendent/Principal within two (2) years shall have restored to them all benefits they had accumulated at the time of their layoff.  The effective date of layoff shall be the last day worked by the professional employee.  The Association President will receive updated recall lists on a regular basis. 

 

b.      Teachers on the recall list shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of the layoff, provided, however, that the carrier allows such participation and that the teacher pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and that there will be no contribution by the Committee or town(s) for such employee's insurance.

 

c.       Teachers on layoff shall be given preference on the substitute list in the areas in which they are qualified, as determined by the Superintendent of Schools, provided the teacher on layoff indicates in writing to the Superintendent of Schools a desire for such preferential consideration.  Teachers on layoff who serve as substitutes shall be subject to established policy and procedures regarding such employment.

 

d.      When a vacancy occurs to which employees with Professional Teacher Status are entitled to recall as set forth above, the Association President and the appropriate employee on the recall list will be notified by Certified Mail, Return Receipt Requested, at their last recorded address.  Failure to respond to the Superintendent of Schools with a letter of acceptance of the offered position within fourteen (14) calendar days of the date of receipt or delivery of said notice shall be considered a rejection of such offer, and the employee shall be removed from the list.  It shall be the responsibility of the employee on the recall list to inform the Office of the Superintendent of Schools, in writing, of the change of address.  The recall notice will include the date when the employee is to commence work.

 

The employee who accepts recall must work on the date set forth in the recall notice unless prevented from doing so by illness, injury, or disability from which the employee is expected to return to work (said illness to be documented by a note from a medical doctor if requested).  During the recall period, no employee shall be dropped from the recall list unless the employee failed to accept a position that is covered by the bargaining unit.

 

e.       Teachers on layoff who have declined an offer to be recalled need not be contacted further nor rehired in the event of additional openings to be filled.  Teachers who are serving in a comparable teaching position elsewhere and are offered a position in this system must be willing to wait to commence the position until the first day of school in September; otherwise, he/she goes off the recall list.

 

f.       Elementary teachers on layoff will be given full consideration for any vacancy in another of the system’s elementary schools for which they are qualified.  Such full consideration shall be after an internal posting, and prior to outside advertising.  If selected for employment in another elementary district, they may be employed at up to three steps below the salary level to which they would have been entitled in the district from which they were laid off.  This does not apply to movement between the two Brewster elementary schools.

 

g.       Professional employees will be recalled to vacancies in their last previous teaching discipline as defined in Section 5 and 6 of this Article in the reverse order of their layoff.  Employees will also be offered a job opening in other disciplines in which they hold certification (in the reverse order of layoff) provided there are no current faculty members with Professional Teacher Status on layoff from such disciplines.  The previous sentence shall not apply to a position which involves a promotion.

 

h.      No new personnel shall be hired to fill vacancies in areas where employees are on this recall list until all qualified employees on the recall list have been offered the vacancy pursuant to Section (g) above.

 

i.        All benefits to which said employees were entitled at the time layoff commenced including but not limited to Professional Teacher Status (not applicable between elementary districts) and unused accumulated sick leave, will be restored upon return, and the employee will be placed on the applicable salary schedule at the step and column attained when layoff began unless the laid off employee is re-hired under Section (f) above which allows employment at a lower step if applicable.

 

j.        A professional employee on layoff from a full-time position who is on the recall list may accept a part-time position of less than 50% and still maintain eligibility of recall to a full-time position for the subsequent school year.  A professional employee on layoff from a full-time position who is recalled to a position of at least 50% shall accept said position and shall not be further eligible for another position under the recall provision.

 

 

ARTICLE XXX

Vacancies and Promotions

 

1.      Whenever any vacancy in a professional position is to be filled, it will be adequately publicized by the Superintendent by means of a notice placed on the Association bulletin board in each school, and by letter to the President of the Association as far in advance of the appointment as possible.  In both situations, the minimum requirement for the position, its duties and the rate of compensation, will be clearly set forth.  No position will be filled by anyone not meeting minimum requirements as posted.

 

2.      In filling such vacancies, full consideration will be given to qualified employees already employed by the Committee.  Employees who have applied for a vacancy, but are not appointed to the position, shall be given the reasons in writing, provided the applicant submits a written request for the reasons.

 

3.      If a vacancy occurs during the school year, the Superintendent/Principal reserves the right to fill the vacancy at the beginning of the following school year.

 

 

ARTICLE XXXI

CORI Checks

 

  1. In compliance with the provisions of Chapter 385 of the Acts of 2002, the Superintendent of Schools shall request and review CORI checks.  Employees shall be made aware that CORI reports concerning them are being requested and when such request is actually made.  Such checks shall take place not more than once every three (3) years.  Employees shall be made aware that upon request, they shall be provided with a copy of the CORI report received by the Superintendent.  All CORI reports shall be kept in a separate, secure file maintained in the office of the Superintendent.  Upon termination of employment, an employee may request, in writing, that he/she be given his/her reports.

 

  1. After review of a CORI report, the Superintendent, if he/she deems it necessary, may meet with the employee who may, at such meeting, be represented by the Association.  Any and all personnel actions resulting from information acquired from a CORI report shall be conducted pursuant to the provisions of the collective bargaining agreement and the General Laws of the Commonwealth.  (as per 10/13/03 MOU)

 

 

ARTICLE XXXII

Grievance Procedure

 

1.   A "grievance" is hereby defined to mean a dispute involving the meaning, interpretation, or application of this contract.

 

2.   Failure at any step of this procedure to communicate the decision of a grievance to the aggrieved employee and to the President of the Association within the specified time shall permit the aggrieved party or parties to proceed to the next step.

 

3.   Failure at any step of this procedure to appeal the grievance to the next step within the specified time limit shall be deemed to be acceptance of the decision rendered at that step.  In the event a grievance is filed on or after June 1 which, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limit set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

 

4.   No reprisals of any kind shall be taken by any party to this contract against any party in interest, any witness, any member of the Association, or any other participant in the grievance procedure by reason of such participation.

 

5.   The grievance at any level will be in writing and signed and shall set forth the precise date, time and place of the grievance and shall set forth the facts giving rise to the grievance and the item that is believed to be violated.  All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.  Unless requested to do otherwise by the employee in question, any documents,    communications, and records dealing with the processing of a grievance will be kept in the strictest confidence and will not be made available to potential employers or others inquiring about said employee.

 

6.   The Association shall be permitted to be heard at each level of the procedure under which the grievance shall be considered.

 

7.   Level One

 

An employee with a grievance shall, with or without a representative of the Association, present it in writing to his/her immediate supervisor and/or the Principal within fourteen (14) days of the event on which the grievance is based.  In the event that a grievance affects a group or class of employees the group or class of employees may request the Association to submit the grievance on their behalf commencing at Level One.  Any meeting with reference to the above shall be held during non‑school hours.

 

8.      Level Two

 

a.       In the event that a grievance shall not have been disposed of to the satisfaction of the aggrieved employee at Level One, or in the event that no decision has been reached within fourteen (14) calendar days after presentation of the grievance to the immediate supervisor and/or Principal, the grievance shall be reduced to writing and referred to the Superintendent of Schools within seven (7) calendar days of the disposition under Level One.

 

b.       The Superintendent shall represent the School Committee at this level of the grievance procedure.  Within fourteen (14) calendar days after receipt of the written grievance by the Superintendent, he or his designee shall meet with the aggrieved employee and the said President or his designee in an effort to settle the grievance.

 

9.      Level Three

   

In the event that the grievance shall not have been disposed of at Level Two, or in the event that no decision has been rendered within fourteen (14) calendar days after the Level Two meeting, the grievance shall be referred in writing to the School Committee within five (5) school days.  At its next regular School Committee meeting or at a special meeting called for the purpose of considering the grievance, the School Committee shall meet with the Association in an effort to settle the grievance.  Matters pertaining to hiring, promotion, firing, disciplining, dismissal, or assigning of teachers shall bypass Level Three and go to Level Four.

 

 

 

10.  Level Four

  

a.       In the event that the grievance shall not have been satisfactorily disposed of at Level Two, or in the event that no decision has been rendered within fourteen (14) calendar days after the Level Two meeting, the Association, if so voted by a majority of the Executive Board, may refer in writing within fourteen (14) calendar days of the disposition under Level Two, the unsettled grievance to arbitration.  The arbitrator shall be selected by agreement between the parties.  If the parties are unable to agree upon an arbitrator, the selection shall be made by the American Arbitration Association, in accordance with its rules and regulations.

 

b.      The arbitrator shall be without power or authority to modify or alter the terms of this contract.

 

c.       The decision of the arbitrator shall be in writing and shall be rendered within thirty (30) days after the hearing is declared closed.  The decision shall be final and binding on both parties.

 

d.      The costs for the services of the arbitrator shall be borne equally by the School Committee and the Association.

 

e.       Each party shall pay its own expenses for the presentation of its case to the arbitrator.

 

f.       A written record shall be made of the deposition of any grievance at Level Three or Level Four.

 

g.       By mutual consent of the parties involved in the grievance procedure, the time schedule may be shortened or lengthened.

 

 

ARTICLE XXXIII

Memoranda of Understanding

 

All Memoranda of Understanding signed will automatically become part of the contract and the language included in the next printed contract.  Any Memorandum of Understanding prior to July 2005, not included in this contract, are deemed not to exist.  Exception to this is if the Memorandum of Understanding has a clause that limits the time or has an expiration date prior to the entering into negotiation of the next contract.

 

 

ARTICLE XXXIV

Resignation

 

1.      No resignation will be accepted without fourteen (14) calendar days written notice.

 

2.      Waiver of termination notice required in Section 1 above will be granted only when both the employer and the employee agree to such waiver.

 

 

 

ARTICLE XXXV

Duration

 

The provisions of this Agreement will be effective July 1, 2014, and will continue and remain in force until June 30, 2017.  No later than October 1, 2016, the Committee agrees to enter into negotiations with the Association to negotiate a successor agreement to commence on July 1, 2017.

 

IN WITNESS WHEREOF that the Committees and the Association have hereunto caused this Agreement to be signed, sealed, and delivered in their names by their authorized agents.

 

 

 

FOR THE SCHOOL DISTRICT                                         FOR THE ASSOCIATION

 

 

                                                                                                                                                                 

Chairman, Teacher Negotiations Committee                                  President, NEA

 

 

 

                                                                                                                                                                 

Date                                                                                   Date

 

 

 

 

 

The parties hope to minimize typographical errors, but recognize that some may still exist.  To the extent that any errors discovered in the future can be modified by review of original documents without prejudice to either party, this will be done.


                                     APPENDIX A              ~               WAGE SCHEDULE FOR UNIT A EMPLOYEES

 

 

 

 

 

 

2014 - 2015            2%

 

 

step

Bach/RN

Bach/RN+15

Bach/RN+30

Bach/RN +45

Masters

M+15

M+30

M+60

M+75

M+90

1

43,441

44,133

44,749

45,556

47,627

48,298

50,602

51,845

52,779

53,727

2

45,177

45,901

46,541

47,377

49,531

50,231

52,626

53,915

54,886

55,874

3

46,986

47,736

48,402

49,273

51,514

52,239

54,731

56,073

57,084

58,111

4

48,864

49,646

50,339

51,245

53,579

54,328

56,921

58,316

59,368

60,437

5

50,818

51,630

52,353

53,294

55,720

56,503

59,197

60,650

61,742

62,853

6

52,852

53,699

54,445

55,427

57,946

58,673

61,567

63,076

64,211

65,367

7

54,967

55,846

56,623

57,642

60,265

61,115

64,029

65,599

66,779

67,980

8

57,164

58,077

58,890

59,949

62,675

63,557

66,589

68,222

69,451

70,702

9

59,454

60,400

61,243

62,345

65,184

66,099

69,253

70,950

72,228

73,528

10

61,829

62,816

63,695

64,838

67,790

68,744

72,023

73,789

75,118

76,469

11

64,304

65,330

66,242

67,433

70,502

71,494

74,905

76,741

78,122

79,528

12

66,873

67,942

68,893

70,132

73,322

74,353

77,903

79,810

81,245

82,710

13

69,549

70,661

71,648

72,937

76,255

77,328

81,015

83,003

84,497

86,018

14

72,331

73,487

74,513

75,856

79,305

80,421

84,258

86,324

87,877

89,459

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2015 - 2016       2.25%

 

 

step

Bach/RN

Bach/RN+15

Bach/RN+30

Bach/RN +45

Masters

M+15

 

M+30

 

M+60

M+75

M+90

1

44,418

45,126

45,756

46,581

48,698

49,385

51,741

53,011

53,966

54,936

2

46,193

46,934

47,588

48,443

50,646

51,361

53,810

55,128

56,121

57,131

3

48,043

48,810

49,491

50,382

52,673

53,415

55,963

57,335

58,369

59,419

4

49,964

50,764

51,472

52,398

54,784

55,551

58,202

59,629

60,704

61,797

5

51,962

52,792

53,530

54,493

56,973

57,774

60,529

62,015

63,131

64,268

6

54,041

54,907

55,670

56,674

59,250

60,085

62,952

64,495

65,656

66,837

7

56,204

57,103

57,897

58,939

61,621

62,490

65,470

67,075

68,282

69,509

8

58,450

59,383

60,215

61,298

64,085

64,987

68,087

69,757

71,013

72,293

9

60,791

61,759

62,621

63,748

66,651

67,586

70,811

72,547

73,853

75,182

10

63,221

64,229

65,128

66,297

69,315

70,291

73,644

75,449

76,808

78,190

11

65,751

66,800

67,732

68,950

72,089

73,102

76,590

78,467

79,880

81,318

12

68,378

69,471

70,443

71,710

74,971

76,026

79,655

81,606

83,073

84,571

13

71,114

72,250

73,260

74,578

77,971

79,068

82,837

84,870

86,398

87,953

14

73,959

75,140

76,190

77,563

81,089

82,230

86,154

88,266

89,854

91,472

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2016 - 2017       2.5%

 

 

step

Bach/RN

Bach/RN+15

Bach/RN+30

Bach/RN +45

Masters

M+15

M+30

M+60

M+75

M+90

1

45,529

46,255

46,900

47,746

49,916

50,619

53,034

54,336

55,316

56,310

2

47,348

48,107

48,777

49,654

51,912

52,645

55,155

56,506

57,524

58,559

3

49,245

50,030

50,728

51,641

53,990

54,750

57,362

58,769

59,828

60,904

4

51,213

52,033

52,758

53,708

56,154

56,939

59,657

61,119

62,221

63,342

5

53,261

54,112

54,869

55,855

58,398

59,219

62,042

63,565

64,709

65,874

6

55,393

56,280

57,061

58,091

60,731

61,588

64,526

66,107

67,297

68,508

7

57,609

58,530

59,345

60,413

63,161

64,053

67,107

68,752

69,989

71,247

8

59,911

60,868

61,720

62,831

65,687

66,612

69,789

71,501

72,789

74,100

9

62,311

63,303

64,186

65,342

68,317

69,276

72,581

74,360

75,700

77,062

10

64,801

65,835

66,756

67,955

71,048

72,048

75,485

77,335

78,728

80,145

11

67,394

68,470

69,426

70,674

73,891

74,930

78,505

80,429

81,877

83,351

12

70,087

71,208

72,204

73,503

76,846

77,926

81,647

83,646

85,150

86,685

13

72,891

74,057

75,091

76,443

79,920

81,045

84,908

86,992

88,558

90,152

14

75,808

77,019

78,094

79,502

83,117

84,286

88,308

90,473

92,101

93,759

           


 

 

APPENDIX B       ~       ATHLETIC EXTRACURRICULAR SALARY SCHEDULE

 

Unless otherwise noted, the stipend is for one (1) position.

 

 

 

 

2014-15

2015-16

2016-2017

 

 

2.00%

2.25%

2.50%

 

 

 

 

 

Category A

Director of Athletics

6,259

6,400

6,560

 

 

 

 

 

Category B

Baseball, Head

4,541

4,643

4,759

 

Basketball, Head (2)

5,363

5,484

5,621

 

Brewster Bayside Skippers

5,295

5,414

5,549

 

Field Hockey, Head

4,578

4,681

4,798

 

Football, Head

5,495

5,618

5,759

 

Hockey, Head

4,953

5,065

5,191

 

Lacrosse (B&G), Head

4,578

4,681

4,798

 

Soccer (G&B), Head

4,578

4,681

4,798

 

Softball, Head

4,541

4,643

4,759

 

Strength & Conditioning

4,541

4,643

4,759

 

Swimming, Head

4,541

4,643

4,759

 

Track (Girls), Head

4,541

4,643

4,759

 

Track (Boys), Head

4,541

4,643

4,759

 

Track (G&B), Head ~ INDOOR

6,515

6,662

6,829

 

Trainer, part-time

5,495

5,618

5,759

 

Volleyball, Head

4,541

4,643

4,759

 

Wrestling, Head

4,578

4,681

4,798

 

 

 

 

 

Category C

Cross Country (G&B), Head

3,955

4,044

4,145

 

Football, Freshman

3,804

3,889

3,986

 

Football JV, (2)

3,804

3,889

3,986

 

Football Varsity, Asst.

3,804

3,889

3,986

 

Golf (B&G), Head

3,635

3,717

3,810

 

Gymnastics, Head

4,181

4,275

4,382

 

Sailing (G&B)

3,955

4,044

4,145

 

Sailing, Assistant (G&B)

3,209

3,281

3,363

 

Soccer Coach (G&B), Asst.

4,181

4,275

4,382

 

Swimming Coach, Asst.

4,181

4,275

4,382

 

Tennis (G&B), Head

3,955

4,044

4,145

 

Track Coach (Girls or Boys), Asst.

4,181

4,275

4,382

 

Track Coach, (B&G), Asst. – INDOOR

$3,389

3,465

3,552

 

 

 

 

 

Category D

Athletics, Director of - M.S.

4,181

4,275

4,382

 

Baseball JV

3,209

3,281

3,363

 

Basketball JV (G&B)

3,411

3,488

3,575

 

Soccer JV (G&B)

3,295

3,369

3,453

 

Field Hockey JV

3,295

3,369

3,453

 

Golf JV

3,295

3,369

3,453

 

Hockey JV

3,209

3,281

3,363

 

Lacrosse JV

3,295

3,369

3,453

 

Softball JV

3,209

3,281

3,363

 

Volleyball JV

3,214

3,286

3,368

 

 

 

 

 

Category E

Basketball Freshman (G&B)

2,850

2,914

2,987

 

Cheerleading Fall, Head

4,180

4,274

4,381

 

Cheerleading Winter, Head

4,180

4,274

4,381

 

 

 

 

 

Category F

M.S. Baseball

2,577

2,634

2,700

 

M.S. Basketball (G&B)

2,821

2,885

2,957

 

M.S. Field Hockey

2,577

2,634

2,700

 

M.S. Softball

2,577

2,634

2,700

 

M.S. Soccer (G&B)

2,577

2,634

2,700

 

M.S. Track

2,577

2,634

2,700

 

 

 

 

 

 

 

 

 

 

Category G

M.S. Asst Basketball (G&B)

2,274

2,325

2,383

 

Cross Country (G&B), Asst.

641

655

671

 

M.S. Asst Field Hockey

2,143

2,191

2,246

 

M.S. Intramurals, FALL (3)

2,131

2,179

2,233

 

M.S. Intramurals, WINTER (2)

2,131

2,179

2,233

 

M.S. Intramurals, SPRING (2)

2,131

2,179

2,233

 

M.S. Soccer (G&B), Asst.

2,143

2,191

2,246

 

M.S. Track (G&B), Asst.

2,143

2,191

2,246

 

APPENDIX C       ~        NON-ATHLETIC EXTRACURRICULAR SALARY SCHEDULE

 

HIGH SCHOOL

A-V Director

1,360

1,390

1,425

 

Academic Decathlon

1,069

1,093

1,120

 

Advisor/Advisee Leaders (ea)

1,918

1,961

2,010

 

Advisor/Advisee I (ea)

1,617

1,653

1,694

 

Advisor/Advisee II (see note below)

761

778

797

 

Awards Night Coordinator

568

581

595

 

Class Advisors 12 (2 advisors)

1,462

1,495

1,532

 

Class Advisors 11 (2 advisors)

819

837

858

 

Class Advisors 10 (2 advisors)

496

507

520

 

Class Advisors  9 (2 advisors)

496

507

520

 

Class Coverage

29.13

29.79

30.53

 

Club Advisor (ea)

652

666

683

 

Debate

1,567

1,602

1,642

 

Department Heads (ea)

4,586

4,689

4,806

 

Driver Ed Classroom (per class)

1,011

1,034

1,060

 

Driver Ed Director (208 total hrs/annually)

6,141.18

6,279.36

6,.436.34

 

Driver Ed Road Instructor (per student)

355

363

372

 

ELL Services, Coordinator of

4,586

4,689

4,806

 

Graduation Coordinator

652

666

683

 

Home Instructor/Tutor (per hour)

33.67

34.43

35.29

 

Homework Advisor (per hour)

22.74

23.25

23.83

 

International Student Program Coord.

4,586

4,689

4,806

 

Literary Magazine Advisor

884

904

927

 

Mentor

900

920

943

 

Mentor Coordinator

4,586

4,689

4,806

 

Mentor Facilitator

512

524

537

 

Music/Drama, Daily Rate

141

144

148

 

Music/Drama Maximum per year**

1,398

1,430

1,466

 

National Honor Society

1,069

1,093

1,120

 

Newspaper Advisor

1,296

1,326

1,359

 

Project Access

12,055

12,327

12,635

 

Project Graduation Coordinator

1,428

1,460

1,497

 

Scholarships, Coordinator of

2,821

2,885

2,957

 

Student Council

1,951

1,995

2,045

 

Subject Coordinator (except Technology)

2,525

2,581

2,646

 

Subject Coordinator - Technology

3,525

3,604

3,694

 

Yearbook - Literary

1,498

1,532

1,570

 

Yearbook - Business

643

657

673

 

Note: Advisors will work with groups of approximately (10) students (maximum 12).  They will be provided training prior to the program's beginning. This training will last a minimum of 3 hours. Services will include an initial meeting with Advisees and parents/guardians; (16) group meetings of 20-minute duration during each school year; and preparation of up to 20-minutes per group session, which may be done collaboratively. This preparation shall be beyond the teacher's regular work day.  It is anticipated the total commitment will be (30) hours annually.

 

MIDDLE SCHOOL

AV Director

1,606

1,642

1,683

 

Club Advisor (ea)

652

666

683

 

Class Coverage

29.13

29.79

30.53

 

Department Heads (ea)

4,586

4,689

4,806

 

Drama

3,212

3,284

3,366

 

Home Instructor/Tutor (per hour)

33.67

34.43

35.29

 

Mentor

900

920

943

 

Music/Drama Daily Rate

141

144

148

 

Music Maximum per year**

1,398

1,430

1,466

 

National Junior Honor Society

800

818

838

 

Student Assist Team (ea)

2,209

2,259

2,316

 

Student Council 6/7/8 (ea)

971

993

1,018

 

Subject Coordinator (except Technology)

2,525

2,581

2,646

 

Subject Coordinator - Technology

3,525

3,604

3,694

 

Team Leader (ea)

1,584

1,620

1,660

 

Washington DC Trip Coordinator

836

855

876

 

Yearbook

1,760

1,799

1,844

** Music personnel required to supervise authorized extracurricular music activities when school is not in session.  The daily rate is for a full day to the maximum per year.

ELEMENTARY

Club Advisors*

652

666

683

 

Class Coverage

29.13

29.79

30.53

 

Department Heads (ea)

4,586

4,689

4,806

 

Home Instructor/Tutor (per hour)

33.67

34.43

35.29

 

Mentor

900

920

943

 

Music Elementary - (per hour)

32.01

32.73

33.55

 

Music Elementary - max per year

1,398

1,430

1,466

 

Responsive Classroom Coord./ Mentor

768

785

805

 

Subject Coordinator (ea)

2,525

2,581

2,646

 

Volunteer Coordinator/Publicist

2,526

2,583

2,648

 

*Club Advisors warranting a monetary stipend, as determined by the School Committee.      Any changes or additions to stipends must be bargained.

 

DISTRICT

ELL Services Coordinator (K-12)

4,586

4,689

4,806

 

Nurse Coordinator ~ District

4,586

4,689

4,806

 

Personal Care Stipend

1,000

1,000

1,000