New Bedford

Show detailed information about district and contract

DistrictNew Bedford
Shared Contract District
Org Code2010000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2011
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersGreater New Bedford RVTSD
CountyBristol
ESE RegionCommissioners Districts
UrbanUrban Supt Network
Kind of Communityurbanized centers
Number of Schools28
Enrollment12636
Percent Low Income Students66
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document New Bedford

UNIT A

 

CONTRACT

 

 

BETWEEN THE

 

 

NEW BEDFORD

 

EDUCATORS ASSOCIATION, INC.

 

 

AND THE

 

 

NEW BEDFORD

 

SCHOOL COMMITTEE

 

 

JULY 1, 2008 ‑ JUNE 30, 2011

 

 

 

 

Any forms referenced in this Agreement are available on the New Bedford Public Schools Portal and the New Bedford Education Association website.

 


ARTICLE 1

 

RECOGNITION

 

A.        Association Recognition

 

For the purposes of Collective Bargaining, with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment, the Committee recognizes the Association as the exclusive representative of all full‑time and part‑time professional employees of the Committee, including all Nurses, performing teaching duties or duties of a related professional nature including nursing duties; but excluding temporary per diem substitutes, Head Masters, Administrative Assistants, Housemasters, Coordinators, Directors, Supervisors (including the Instructional Media Supervisor), Department Heads, Principals, Assistant Principals, Administrative Assistant for Business Services, Assistant Superintendents, and the Superintendent of Schools.

 

B.        Service of Process

 

Both the Committee and the Association shall designate a person who is a resident of Bristol County, Massachusetts, as its agent for service of any legal process and/or notice relating to this Agreement and service on such person shall constitute proper service on the respective party, and said designation shall not be revoked during the term of this Agreement except to substitute a new agent.

 

C.        Definitions

 

1.         A temporary per diem substitute, as hereinbefore excluded from the Collective Bargaining Agreement, is defined as a substitute teacher who has been employed for less than ninety‑one (91) school days of continuous service, including excused absences.

 

2.         Unless otherwise specified in this Agreement, the term "professional employees" as used throughout the Agreement, shall apply to all members of the bargaining unit.  It is understood that the term "professional employee" is used throughout the Collective Bargaining Agreement for uniformity and that the use of said term does not alter any practices with respect to wages, hours, and working conditions or confer upon employees benefits to which they are not otherwise entitled.

 


 

ARTICLE 2

 

SALARIES

 

A.        Basic Salary Schedules

 

1.         Unless otherwise specified in this Agreement, the Committee agrees that the Salary Schedules A ‑ F, attached hereto and made a part hereof, shall apply to all members of the bargaining unit, as defined in Article 1, Section A of this Agreement.

 

2.         For purposes of Step advancement on the Salary Schedule, ninety‑one (91) school days of employment as a Professional Employee in a work year shall constitute a year on the Salary Schedule.

 

3.         The Committee recognizes that, in the event part‑time employees are hired in the New Bedford School System, the Committee will bargain with the Association as required by Chapter 150E of the Massachusetts General Laws.

 

4.         Professional employees assigned to the position, Court Liaison Officer will be paid an annual stipend of twelve thousand dollars ($12,000), which will be added to their base salary as specified in Appendix A.

 

B.        Method and Time of Payment

 

1.         All professional employees will be paid on a weekly basis in fifty-two (52) equal installments.  Professional employees shall have the option of choosing to receive their yearly salary by being paid said salary in forty-two (42) equal installments during the work year.  Professional employees will be paid on the Wednesday before Thanksgiving.

 

2.         Notwithstanding the above, professional employees may elect to be paid on a weekly basis in equal installments on Thursdays, from September to the end of the school year in June, with no monies deferred during the school year for payments for July and August.  When Thursday is a holiday, said professional employees who elect this option will be paid on the day before. 

 

3.         Professional employees who desire to change their method of payment shall so notify the Superintendent, in writing, before August 1, to take effect the first pay period of the new work year.  No change in payment will be made during the work year.

 

4.         When paychecks are distributed at the school building, said checks will be issued prior to 2:30 p.m. to professional employees in a confidential manner.

 

C.        Lump Sum Payments

 

The Superintendent or his designee shall provide an appropriate form for professional  employees no later than April 15th to allow a professional employee to elect a lump sum summer payment.  This request must be submitted on the official forms by the professional employee no later than May 1st to be eligible for the lump sum payment.   This payment is to be made on or before June 30th of each year.

 

D.        New Activities

 

If new clubs, activities, or positions are created by the Committee during the duration of the Agreement, the payment shall be comparable to existing amounts for like positions.  The Association will be notified in writing of any new clubs, activities, or extracurricular positions.

 

E.         Salary and Sick Leave Information

 

1.         On or before October 15th of each year, professional employees shall be notified in writing of their salary step and of their number of accumulated sick days as of September 1st of the school year.  Sick days earned as a result of unused personal days shall be noted separately on the form.

 

October 15th or whenever received shall be the first date of knowledge regarding any grievance under this Article.

 

2.         Attendance records of the members of the bargaining unit shall be kept by the School Department and the Principal or other administrative personnel originating said records for a minimum of two (2) school years from the last day of each school year.

 

F.         Employment of Long‑Term Substitutes

 

1.         The term "long‑term substitute" is intended to cover substitutes who have been employed for more than ninety (90) school days in a single teaching assignment.

 

Long-term substitute service may count towards step advancement on the salary schedule.

 

2.         Per diem substitutes who have been employed for more than ninety (90) school days in a series of different assignments are not to be considered long‑term substitutes.

 

3.         The service of a substitute professional employee who is employed in an assignment will not be broken by termination, layoff, or transfer (except for cause) until the regularly employed professional employee who left the assignment returns to work or until the end of the school year, whichever comes first.  Should the regularly employed professional employee on leave resign, the Committee may terminate the permanent substitute and hire a regular professional employee.

 

4.         When a long‑term substitute professional employee's service is broken, as provided in Paragraph three (3) above, his/her membership in the bargaining unit shall also terminate.

 

5.         The daily rate of pay for long‑term substitutes will be 1/185th of the minimum salary scale commencing on the 91st day of employment.

 

6.         Sick leave will accumulate at the rate of 1 1/2 days per month beginning with the ninety‑first (91st) day of long‑term employment.

 

7.         One (1) personal day will be granted for the balance of the school year.

 

8.         Since substitute professional employees are reemployed on a year‑to‑year basis, the above provisions do not accumulate from year to year.

 

9.         All teaching positions filled during the school year under Section F 3 of Article 2 shall be included in the next May 1st posting.

 

 

ARTICLE 3

 

CLASS SIZE

 

A.        Maximum Class Size

 

The School Committee and the Association recognize the fact that class size is of paramount importance in establishing quality education.  In recognition of this, the School Committee shall strive to achieve in conventional classes a maximum size not to exceed thirty (30) pupils per class.  Where an inclusionary class exists, the Committee shall strive to achieve a maximum class size not to exceed twenty-five (25) pupils per class.

 

B.        Review of Class Size

 

In the event that class size exceeds thirty (30) in number, (or in the case of an inclusionary class, twenty-five (25) in number) the professional employee shall have the right, with the Association, to meet with the Principal, or Superintendent, or both, to review this matter.

 

C.        Guidance Counselors and Speech and Language Pathologists

 

The School Committee agrees to provide not less than three (3) Guidance Counselors for each house in the high school.  In all other schools, the Committee agrees to strive to lower the ratios for all Counselors.  For Speech and Language Pathologists, the term "a small group", as used in an IEP, shall be defined as no more than five (5) students, excluding situations where a Speech and Language Pathologist is conducting a class in articulation or language therapy. 

 

 

ARTICLE 4

 

SPECIALISTS

 

 A.       Limitations on Use as Substitutes

 

Specialists will not act as substitutes except in individual cases of emergency as determined by the Superintendent or his/her designee.  The Association will be notified of each instance the Superintendent or his/her designee so determines.

 

 

ARTICLE 5

 

TEXTBOOKS

A.        Policy

 

The Committee agrees to provide sufficient approved textbooks to insure that each pupil in a classroom has available to him/her the books necessary for his/her continuous progress.

 

B.        Requests

 

Professional employees shall forward their requests for books and other instructional materials to their supervisors.

 

C.        Curriculum Committees

 

The Association, with the Superintendent or his/her designee, may establish Curriculum Committees which shall be generally representative of the professional staff covered by this Agreement.

 

D.        Supplementary Purchase

 

The Curriculum Committees may, at any time, submit in writing to the Superintendent or his/her designee, requests and proposals for the supplementary purchase of books.

 

E.         Superintendent Discussion

 

The Superintendent or his/her designee and such other staff members as he/she shall designate, will meet with members of any of the Curriculum Committees upon requests of said members.

 

 

ARTICLE 6

 

SUPPLIES AND MATERIALS

 

A.        Standard

 

The Committee agrees to budget for and provide sufficient supplies and materials to insure that each pupil has available to him/her supplies and materials necessary for his/her continuous progress.

 

            The Committee agrees to budget for and to provide the opportunity and availability for supplies to each Teacher.  In addition, the Committee will provide for the Teachers’ use in all buildings, working photocopiers within a reasonable period of time.

 

B.        Solicitation of Needs

 

Principals and/or Department Chairmen shall solicit from professional employees their needs in the areas of supplies and instructional materials prior to the formulation of their budget request in these areas for the next school year.

 

C.        Review of Needs

 

The Principal and/or Department Chairman shall review his/her budget request in the areas of supplies and instructional materials with his/her professional employees prior to the submission of said request to the Central Administration.

 

D.        Notice of Allocation and Accessibility

 

Each elementary professional employee shall be made aware by his/her Principal of the school's total allocation for the year in the areas of supplies and instructional materials and shall have access to said supplies and instructional materials as the needs of their classes dictate.

 

E.         Warehouse

 

A centralized warehouse shall be maintained for receiving supplies, materials, and books which have been ordered.  The Committee shall have the supplies, materials and books delivered to the appropriate school within ten (10) days after being received at the warehouse, except in the case of emergency, where delivery shall be made on the same day as received.  The Business Manager will consult with the Association concerning the warehouse inventory and the availability of supplies, upon request.

 


F.         Requests

 

During the school year all professional employee requests for supplemental supplies shall be reduced to writing and forwarded to the Principal who will forward said request to the Business Manager within three (3) school days of receipt of the written request.

 

 

ARTICLE 7

 

RESIGNATIONS AND/OR RETIREMENT

 

A.        Notice

 

All professional employees are required to give notice to the Superintendent of resignation and/or retirement at least thirty (30) days in advance of its effective date.  Notice of resignations and retirement effective in the month of September must be filed with the Superintendent at least sixty (60) days prior to their effective date.  If a professional employee fails to give notice within the above time limits, he/she shall not receive sick leave severance pay under Article 16, Section F.

 

B.        Incentive

 

1.         The New Bedford School Committee agrees to provide a professional employee who has or will have at least ten (10) years of service with the New Bedford School Department and who has notified the Superintendent, in writing, of his/her intent to retire or resign no later than August 31st of the school year in which retirement or resignation is elected.  The lump sum payment shall be $4,500.

 

2.         Such written notice must be made to the Superintendent of Schools on or before April 1st.  Payment will be made to the professional employee on or before September 1st.  If a professional employee fails to resign or retire at the end of the school year in June pursuant to his/her notice to the Superintendent and has been paid the lump‑sum payment, the professional employee must repay the additional compensation in a lump sum as a condition of continued employment in the New Bedford School Department.

 

 

ARTICLE 8

 

EVALUATION AND DISCIPLINE OF PROFESSIONAL EMPLOYEES

 

A.        Monitoring

 

All monitoring or observation of the work performance of a professional employee will be conducted openly and with full knowledge of the professional employee.  Video surveillance will not be used to specifically observe the performance of professional employees.

 

B.        Public Address Systems

 

Public address systems shall not be used for monitoring or observing the work performance of a professional employee.

 

C.        Evaluation Reports

 

Professional employees will be given a dated copy of any evaluation report prepared by their evaluating Supervisor, and professional employees will have the right to discuss such reports with their evaluating Supervisors before they are submitted to Central Administration or put in their personnel files.  The evaluation process for all employees with PTS will be completed by May 1st of each school year for that school year, and said evaluations will be distributed to all employees with PTS no later than May 1.  All Guidance Counselors will be evaluated by May 1st.

 

D.        Review of Report

 

Professional employees wishing to discuss any report referred to in Section C above shall notify their Supervisor, in writing, within fifteen (15) school days of notice of said report.

 

E.         Complaints

 

Any complaints regarding a professional employee made to the administrator by any parent, student, or other person will be promptly called to the professional employee's attention.  The concerned professional employee must be given notice as to any further meetings between the complainant and the administration on the next working day after the meeting, provided, however, that in the event a professional employee is required to attend a second meeting, he/she shall be provided with notice twenty‑four (24) hours in advance of the meeting.  The professional employee shall have the right to have representatives of the Association present.

 

F.         Discipline

 

If a professional employee is to be disciplined by a member of the administration, he/she  will be entitled to have Association representation.  Such disciplinary action shall be carried out in private.

 

G.        Adverse Action

 

1.         No adverse action, as hereinafter defined, shall be taken against any professional employee for disciplinary or other reasons without just cause.  For the purposes of this Agreement, the term "adverse action" shall mean only the following types of action:

 

a.         Admonishment:  An admonishment is a disciplinary action taken against a  professional employee by the appropriate supervisory official for some infraction which is not of a serious nature.  An admonishment may be oral or in writing and shall be carried out in as much privacy as possible.

 

b.         Reprimand:  A reprimand is a statement of official censure in a formal letter to the professional employee from the School Committee and/or its agents for a serious violation.

 

c.         Suspension:  Suspension is an enforced temporary non‑pay status and absence from duty of a professional employee directed by the Committee and/or its agents.  The professional employee will be given written notice of his/her suspension and the reasons therefore prior to the effective date of such a suspension.

 

d.         Demotion:  Demotion, except as is otherwise provided herein, is a change from one position to another position lower in rank or compensation.  The term "demotion", as used herein, shall not include any action taken by the Committee in not reappointing a professional employee to assignments and/or positions routinely made on a school year basis.  The professional employee will be given written notice of his/her demotion and the reasons therefore prior to the effective date of said demotion.

 

e.         Dismissal:  Dismissal, except as is otherwise provided herein, is the dismissal of a professional employee from the employ of the Committee.  The term "dismissal", as used herein, shall not include the dismissal of a professional employee without professional teacher status (PTS) who has not been teaching in the New Bedford Public Schools for more than ninety (90) days. The professional employee will be given written notice of his/her dismissal and the reasons therefore prior to the effective date of said dismissal and shall not include the action of the Committee in not renewing the contract of a professional employee without PTS.  Said dismissal of a professional employee without PTS and the action of the Committee in not renewing the contract for a professional employee without PTS, shall not be considered as "adverse action", as defined herein.

 

2.         It is recognized that Chapter 71 of the General Laws of Massachusetts provides  specific procedures which must be adhered to for discipline and dismissal against employees.  In any such case, the election of remedies procedure contained in Article 25, Section D, Subsection 10, d, shall apply.

 


H.        Evaluation System of Professional Employees

 

1.         The Committee and the Association agree that in accordance with MGL Chapter 71, Section 38 every professional employee will be evaluated every two (2) years in a formal evaluation cycle and teachers without professional teacher status will be evaluated at least annually.

 

2.         A professional employee's use of sick leave may be noted by an evaluator under remarks when it is a factor in determining the overall performance of such employee.  Any reference to absence information on evaluation forms where such absence is not a factor in performance may not be used.  The employee may note the reason for absence on the form.

 

3.         The “Two Year Formal Evaluation Cycle” is appended to this agreement as Appendix F.

 

 

ARTICLE 9

 

FILES OF PROFESSIONAL EMPLOYEES

 

All professional employees' files shall be maintained under the following circumstances:

 

1.         No material derogatory to a professional employee's conduct, service, character, or personality shall be placed in the files unless the professional employee has been previously notified and given ten (10) school days to review the material.  A copy of such notice shall be forwarded to the Association when it is provided to the professional employee.  Such material shall be put in the file only with the professional employee's initials signifying that he/she has reviewed it or a statement signed by the Superintendent or his/her designee that the professional employee was notified and did not request to review it or refused to initial it.  A professional employee's initials on such materials shall merely signify that he/she has reviewed it and does not necessarily indicate agreement with its contents.

 

2.         No material pertaining to the conduct, service, character, or personality of a professional employee that is not substantiated shall be placed in the professional  employee's file.

 

3.         Within thirty (30) school days after the date a professional employee has reviewed or acknowledged reviewing the material pursuant to Section 1 above, a professional employee shall have the right to answer any material put in his/her personnel file and have the answer attached to the file copy.

 

4.         The Superintendent or his/her designee shall, at the written request of a professional employee, permit the professional employee, by appointment, to inspect the contents of his/her personnel folder, files, cards, and records and make copies of such contents and records in the presence of the Superintendent or his/her designee, and if he/she so desires, a representative from the Association.

 

 

ARTICLE 10

 

PROMOTIONS TO UNIT B POSITIONS

A.        Posting

 

1.         All vacancies in promotional positions shall be posted in every school or included in the Personnel Bulletin.  The posting shall clearly set forth a description of and the qualifications for the position, including the duties and salary.  Postings will also be posted on the New Bedford Public Schools website.

 

2.         When school is in session, such notice shall be posted or included in the Personnel Bulletin as far in advance as practicable, ordinarily at least fifteen (15) school days before the final date when applications must be submitted and in no event less than five (5) days before such date.

 

3.         Professional employees who desire to apply for such vacancies shall submit their applications, in writing, to the Superintendent or his/her designee within the time limit specified in the notice.

 

B.        Definition

 

Promotional positions are defined as vacancies in positions within the Unit B Collective  Bargaining Agreement between the Association and the Committee.

 

C.        Summer Notices

 

Professional employees who desire to receive notification of any vacancies, which shall  occur during the summer vacation period shall submit their names and addresses to the Superintendent or his/her designee.  The Superintendent or his/her designee shall notify said professional employees of any vacancies including a description and duties thereof, the qualifications for the position, and the salary.  Such notification shall be sent as far in advance as practicable, ordinarily at least fourteen (14) days prior to the final date of application and in no event less than seven (7) days prior to such date.  In addition, the Superintendent or his/her designee shall, within the same time period, post a list of vacancies to be filled during the summer on a Personnel Bulletin Board provided for such purpose at the Administration Office on County Street and shall send such list of positions to the Association.

 


ARTICLE 11

 

INCLUSION

A.        Notification

 

1.         By March 1, Principals shall meet with all teachers in the building to discuss the inclusion plan for the next school year.

 

2.         Teachers shall be notified by March 15 if their building is going to be an Inclusionary school for the next school year.

 

 

B.        Placement

 

1.         Principal shall meet with Special Education Teachers in buildings by the end of the school year to discuss their placement.

 

2.         Principals will discuss with Special Education Teachers their assignments for the following school year no later than five (5) school days prior to the last workday in June.

 

ARTICLE 12

 

HOURS AND WORKLOAD OF PROFESSIONAL EMPLOYEES

 

A.        Workday

 

1.         The workday for professional employees shall be as follows:

 

Teacher Workday

Elementary:                 8:10 – 2:30

                        Pulaski:                        8:40 – 3:00

                        Middle School:           7:45 – 2:45

                        High School:               7:25 – 2:25

                        West Side:                   7:25 – 2:25

 

2.         The instructional (student) day shall be as follows:

 

                        Elementary:                 8:15 – 2:30

                        Pulaski:                        8:45 – 3:00

                        Middle School:           7:50 – 2:30

                        High School:               7:30 – 2:09

                        West Side:                   7:40 – 1:55 (first dismissal)

                                                            2:15 (detention dismissal)

Professional employees must have reported to the building five (5) minutes prior to the start of instructional day.  Teachers will not be required to supervise students or any other duty during this time before the start of the instructional day.

 

At 8:15 A.M. (Elementary); 8:45 (Pulaski); 7:50 (Middle Schools); 7:40 (West Side School) and 7:30 (High School) there will be a warning bell to notify all Teachers to report to their assignment.

 

3.         A.        Elementary

                        The parties agree that on two (2) Wednesdays (1st and 3rd) per month, Elementary Teachers will meet for thirty (30) minutes after school for the purpose of common planning and/or grade level meetings with the agenda determined by the Teachers.

 

On the Wednesdays of these meetings, the students will be dismissed at 2:25 P.M.  Pupil Personnel Professionals should meet with their individual disciplines and forward their outlines to their Director.

 

                        The following shall remain for these meetings:  all Elementary Classroom Teachers, Literacy and Math Coaches, Special Education Teachers, as well as Art, Music, and Physical Education Teachers.

 

                        A written outline of the topics discussed at the meeting will be forwarded to the building Principal within five (5) schools days following the meeting.  A single form to be developed by the parties will be used for the outline of the discussed topics.

 

            The staff meetings referred to in E.1. and 2. will not be scheduled during the week of the scheduled planning time.

 

                        Itinerant Teachers will attend these meetings according to the building they are scheduled to work in.

 

            B.        Elementary Extra Assistance

            At the beginning of each school year, each Elementary Classroom Teacher will notify the building Principal which one (1) day per week for an additional 30 minutes, the Teacher will be available to assist students in his/her classes.

 

            This time may be scheduled either before the start of the workday, beginning at 7:40 A.M. or after the workday beginning at 2:30 P.M. by the Teacher.  Additional time may be scheduled on other day(s) by the Teacher, as needed for assistance or discipline to students in his/her classes.

 

All classroom Special Education and Teachers of Art, Music, Physical Education, Literacy and Math Coaches, assigned to the building, shall notify their Principal of the one (1) day, either before or after school, they will be available for student assistance.

 

            Conferences may be scheduled with parents, as necessary, by a Teacher or with a 24-hour notice to the Teacher.

 

C.        Secondary Extra Assistance

            Secondary professional employees (Middle/High School) may be required to remain in school not longer than thirty (30) minutes after the end of the Teacher workday for specific purpose of detention of students not more than five (5) times per year per Teacher.

 

4.         Elementary and Secondary Before School Duty

 

a.         The Superintendent may authorize the Principals of Elementary Schools to provide the opportunity for professional employees to volunteer for before school assignments.  In Elementary Schools of 600 or more students no more than six (6) professional employees may volunteer.  In Elementary Schools of 300 to 599 students, no more than four (4) professional employees may volunteer.  In Elementary Schools of 299 or less students no more than two (2) professional employees may volunteer. 

 

b.         The Superintendent may authorize the Principals of Secondary Schools to provide the opportunity for professional employees to volunteer for before school assignments.  No more than six professional employees may volunteer at the Senior High School and no more than four may volunteer at the Middle Schools or West Side Junior and Senior High School.

 

c.         Professional employees may volunteer at Elementary Schools by semesters for before school duty from 8:00 a.m. to 8:15 a.m.  (Pulaski 8:30 a.m. to 8:45 a.m.).  Secondary professional employees who volunteer shall report 15 minutes before the workday.

 

If there are more volunteers than required according to the preceding section, the most senior professional employees who volunteer will be selected for the first semester.  The next most senior professional employees who volunteer will be selected for the second semester.

 

At the beginning of each school year, selection of volunteers will be made on the basis of seniority starting again with those volunteers who are most senior.

 

d.         If there are not enough volunteers, the remaining members of the staff regularly assigned to the building will rotate on a weekly basis in order of seniority with the least senior selected first.

 

All staff members regularly assigned to a school will be required to perform this duty if a weekly rotation is necessary.

 

e.         Professional employees who are assigned to before school duty shall be compensated in accordance with the contractual hourly rate for before or after school assignments then in effect.   The hourly rate shall be thirty-four dollars ($34.00).  Effective in 2010-11, the hourly rate shall be thirty-five dollars ($35.00).

 

f.          Professional employees who volunteer for before school duty for an entire semester shall receive a stipend as regular compensation of $765.00 per semester.

 

5.         Effective July 1, 2005, professional employees who are required to attend TEAM evaluations after the workday (including any after school time as provided in this section A) shall be compensated at an hourly rate of thirty-four dollars ($34.00).  Effective in 2010-11, the hourly rate shall be thirty-five dollars ($35.00).

 

6.         On the Wednesday prior to Thanksgiving professional employees shall remain in their assignments fifteen (15) minutes beyond the actual dismissal time of students.

 

7.         Beginning with the September 2002 school year and continuing thereafter, it is agreed that the final day of classes will be a full workday for professional employees but a half-day for students with dismissal time for students being the same as the day before Thanksgiving.

 

B.        Work Year

 

1.         The work year of all professional employees covered by this Agreement shall be no more than one hundred eighty-five (185) workdays which shall include one (1) Orientation day and three (3) Professional Development.

 

            The Orientation Day shall include orientation-administration activities in the morning session, a lunch break for one (1) hour, and the remainder of the workday, the Teacher shall spend in his/her classroom and/or work area to prepare for the school year.

 

2.         Notwithstanding the above, Guidance Counselors will be required to work five (5) days beyond the regular work year of Teachers.  The compensation for such days will be at the per diem rate of the Masters Degree level.  Such days shall be scheduled contiguous to the regular Teacher school year.


3.         Nurses who sign up to attend team evaluations or to perform other work related assignments, excluding posted positions, during the school vacation shall be called on a rotation basis based on seniority.  A Nurse who refuses an assignment shall be placed last on the rotation list as if he/she had accepted the work opportunity.  In the event no bargaining unit personnel is available for the assignment, non-bargaining unit Nurses may be enlisted.

 

C.        School Vacations

 

1.         In the school year 2008-2009, the Christmas recess will begin at the close of school on Tuesday, December 23, 2008 and classes will resume on Monday, January 5, 2009.

 

            In the school year 2009-2010, the Christmas recess will begin at the close of school on December 23, 2009 and classes will begin on January 4, 2010.

 

In the school year 2010-2011, the Christmas recess will begin at the close of school on December 22, 2010 and classes will resume on January 3, 2011.

 

D.        Holidays

 

1.         Schools shall be closed on all legal holidays, on Good Friday, and for two and one‑half (2 1/2) consecutive days beginning on the day preceding Thanksgiving Day

.

2.         The vacation days that precede or extend beyond the full week of the Christmas vacation are to be considered holidays.

 

3.         All holidays shall be celebrated on the day designated for such celebration.

 

E.         Superintendent, Assistant Superintendent, Principal, Director, Department Head, and Evening Meetings

 

1.         Professional Employees shall not be required to attend general staff meetings or other after‑school meetings called by the Superintendent of Schools more than once a year.  Such meetings shall be scheduled at least two (2) weeks in advance.

 

2.         Building Meetings

 

            Professional Employees shall not be required to attend building meetings or other after‑school meetings called by the Principal of a school more than once a month, and such meetings shall not ordinarily last more than one (1) hour, but in no case shall such meetings last more than one (1) hour and fifteen (15) minutes.

 

A yearly schedule for monthly staff meetings will be distributed in September of each year.  In the event a meeting has to be rescheduled, the Principal must provide 7 calendar days notice of the rescheduled date.  If a meeting has been rescheduled, the Principal shall not deny reasonable requests to be excused.  New Bedford Educators Association representatives shall be given an opportunity at the end of each meeting to address the faculty concerning association information.  These meetings should begin within a reasonable amount of time following the end of the work day.

 

3.         Superintendent Meetings

 

            Professional Employees may be required to attend one Assistant Superintendent and  one Director/Coordinator/Department Head meeting per month.  There will be ten (10) school days notice of such meetings.   Except for emergencies, meetings called by a Director/Coordinator/Department Head shall be scheduled at least five (5) school days in advance.  Such meetings shall not ordinarily last more than one (1) hour, but in no case shall such meetings last more than one (1) hour and fifteen (15) minutes.  When the Assistant Superintendent for Special Services has an in‑service meeting necessitated by state mandate and when an outside guest speaker is called in, the meeting may last for two (2) hours.  These meetings should begin within a reasonable amount of time following the end of the workday.

 

4.         Evening Meetings

 

            Professional Employees shall not be required to attend more than one (1) evening meeting each year for open house and/or parent visitation, and such meetings shall not last more than two (2) hours.  At the High School, professional employees shall not be required to attend more than two (2) evening meetings each year for open house.  Such meetings shall not last more than one and one half (1 1/2) hours each.  All evening meetings shall end no later than 9:00 p.m.  In addition, each professional employee may be required to be on duty no more than one (1) evening per year for such functions as plays, shows, and recreation events for the pupils.

 

5.         Nurses Meetings

 

            Nurses shall not be required to attend more than one (1) meeting per month after working hours.  Said meetings shall not extend more than one (1) hour beyond the regular workday.  Whenever possible, Nurses will receive two (2) weeks’ advance notice of all meetings. It is agreed that one-half (1/2) of the ten (10) meetings will be devoted to imparting information for professional development and the other half will be devoted to problem solving on issues which affect the Nurses in their employment in New Bedford.  If a meeting has been re-scheduled, the Supervisor of Nurses shall not deny reasonable requests to be excused.

 

6.         Attendance shall not be required at any other general staff, building or evening meetings outside the workday and shall be at the option of the individual professional employee except that new personnel may be required to attend additional orientation meetings.

 

7.         Upon the request of the Association or the Superintendent, a monthly meeting between the Superintendent and representatives of the Association shall be scheduled.  Interested staff members may, with the approval of the Association, request and meet with their respective Directors or Administrators up to three (3) times per school year.

 

8.         For the purpose of consultation, with respect to collective bargaining issues or issues related to contract enforcement, interested staff members may, with the approval of the Association, request and meet with their respective directors or administrators up to three (3) times per school year.

 

F.         Duty‑Free Period

 

1.         Professional employees in all schools shall have a duty‑free lunch period of no less than thirty (30) minutes.  Whenever possible, the administrator of each school will endeavor to schedule the duty‑free lunch time for professional employees at the same time their students are eating lunch.

 

2.         Professional employees in the Elementary Schools shall have one unassigned period  in the morning of no less than fifteen (15) minutes, provided that arrangements are made by the professional employees to adequately supervise the class with the cooperation of the Principal.  If the Principal determines the class is not adequately supervised, the unassigned period may be suspended until arrangements can be made by the professional employee, provided that no Principal shall determine that all professional employees in his/her school shall not have an unassigned period in the morning.

 

            3.         All Nurses shall be permitted a fifteen (15) minute rest period each workday.

 

G.        Elementary Preparation Time

 

1.         Elementary professional employees shall not be required to remain in the classroom while special subject professional employees are providing instruction and the professional employee shall use this time for individual preparation.  Every effort will be made to provide substitutes for art, music, and physical education professional employees so that the elementary professional employees will receive their preparation time as scheduled or the alternate week at the same scheduled time. 

 

2.         In order to provide additional elementary preparation time, students at the elementary level shall be dismissed on Fridays one and one‑half (1 1/2) hours earlier than the normal dismissal time for students beginning the first Friday of the school year.  Professional employees shall be required to remain in their schools until the normal dismissal time, (for most schools 2:30 p.m.).  Administrative meetings will not be scheduled during this time period.

 

H.        Secondary Professional Employee Workloads

 

1.         All secondary professional employees shall have, in addition to their lunch period, six (6) preparation periods per teaching cycle or five (5) preparation periods per five (5) day week.

 

Block scheduling at the High School will consist of eighty three (83) minute blocks.  The planning/common planning time shall be daily and an eighty three (83) minute block.

 

All secondary professional employees at the High School shall have in addition to their lunch period, no more than three (3) teaching periods per day per semester or no more than six (6) teaching periods (3 teaching periods in semester 1, and 3 teaching periods in semester 2) per year.

 

Teachers willing to volunteer for a duty assignment in lieu of one teaching block will inform their administrator in writing.

 

2.         Existing teaching periods at the secondary level shall not be increased during the term of this Agreement.

 

3.         The number of dissimilar class preparations per professional employee in the Secondary Schools will be kept to a minimum consistent with the implementation of a sound educational system.  The Committee will endeavor to limit dissimilar class preparations to three (3) annually per professional employee.  Prior to assignments of a fourth dissimilar class preparation (annually), the Association and the Superintendent or his/her designee will meet and review professional employee schedules to determine whether the additional dissimilar preparations can be avoided.  The decision of the Superintendent or his/her designee shall be final, except that no professional employee shall be assigned more than five (5) dissimilar class preparations (annually).

 

4.         A professional employee may request a meeting with the Superintendent of Schools to review the distribution of class levels in his/her schedule by the administration.  The decision of the Superintendent concerning equitable distribution of class levels shall be final.

 

5.         Schedules for the following school year will be delivered no later than five (5) school days prior to the last workday in June.  It is understood that on occasion, unavoidable circumstances may require the altering of schedules after the close of the work year in June.

 

6.         When a Secondary Nurse has two or more full team evaluations on the same day, a Substitute Nurse shall be assigned to cover for such Nurse.  Whenever possible, every effort shall be made to schedule a full team evaluation for an Itinerant Nurse on the day the Nurse is scheduled to service the school.  When a Nurse is attending a full team evaluation, she will not be interrupted except for emergencies.

 

7.         Re-opener

 

            The parties have agreed to a limited re-opener of Articles 12 and 15 for the purpose of negotiating over any recommendations of the Joint Committee concerning the High School schedule.

 

I.          Professional Employees Serving as Substitutes

 

1.         The Administration shall make every effort to obtain substitute teachers to replace professional employees as necessary, and no regularly assigned professional employee shall be used as a substitute teacher except for the failure of the substitute to arrive on schedule, or the inability to secure a substitute.  The Administration will attempt to obtain substitutes for all personnel including specialists.

 

2.         At the beginning of each school year, the Principal of each Secondary school shall establish a list of professional employees who volunteer to substitute for absent professional employees.  At the beginning of each term, a professional employee may remove his/her name from such list.  A professional employee may add his/her name to the list at any time.  The Principal shall assign a regular professional employee from a list of volunteers at his/her school to substitute when necessary.  There will be an equitable rotation of employees on the volunteer list.

 

3.         In the event a substitute teacher cannot be obtained and there is no professional employee available on the volunteer list, then the Principal may assign any regular professional employee to substitute.  There will be an equitable rotation of said professional employees.

 

4.         It is understood that no professional employee shall be compensated for substitute pay for any failure to be assigned under the above Sections 2 or 3.

 

5.         Professional employees serving as substitutes in the Middle Schools shall be paid additional compensation at the rate of twenty dollars ($20.00) per class for 2008-2009, 2009-2010 and in 2010-2011 the rate will be twenty-one dollars ($21.00) per class for or portion thereof served as a substitute.

 

Professional employees serving as substitutes in the Senior High School shall be paid additional compensation at the rate of thirty-six dollars ($36.00) per block for 2008-2009, 2009-2010 and in 2010-2011, the rate shall be thirty-seven dollars ($37.00 per block or portion thereof served as substitute.  

 

6.         Professional employees serving as substitutes in the Elementary Schools shall be paid ninety dollars ($90.00) for 2008-2009, 2009-2010, and ninety-one dollars ($91.00) in 2010-2011 provided the class is not divided between two or more professional employees.  If the class is divided between two or more professional employees, each professional employee shall receive additional compensation of sixty dollars ($60.00) for 2008-2009, 2009-2010 and sixty-one ($61.00) dollars in 2010-2011.

 

7.         No professional employee shall be assigned more than one (1) additional class to supervise as a substitute.

 

            8.         Nurses will not act as substitute teachers.

 

9.         Substitute coverage will be provided in the following manner when a Nurse is absent:

                        a.         Permanent Floater

                        b.         Substitute Nurse (if applicable)

                        c.         Nurse with float day assignment

 

J.          Instructional Media Center Representatives

 

1.         To the extent permitted by the schools schedules to which the Instructional Media Representatives are assigned, the Committee will endeavor to minimize the assignments to non‑teaching duties.

 

2.         Instructional Media Representatives who are not full time but are performing such duties in addition to their teaching duties shall be compensated at the Club rate as provided in Appendix A, Schedule D.

 

3.         The Instructional Media Representatives at each Middle School shall not be assigned homeroom or other non‑teaching assignments.

 

4.         The Instructional Media Representative is defined as a member of the bargaining unit in each middle or elementary school who is in charge of ordering and distributing audio-visual material.

 

K.        Schedules of Special Subject Professional Employees and Itinerants

 

1.         Postings and Notice

 

a.         Notice of all vacancies in Pupil Personnel Services shall be posted at least fourteen (14) days before the last date when applications for such positions are accepted.  Such notice shall be posted in all school buildings and a copy of such notice shall be sent to the President of the Association.  In addition, when school is in session, such notice shall be mailed to each professional employee through the interschool mail.  When school is not in session, such notice shall be sent to each professional employee at his/her home address.  Such notice of vacancy shall clearly set forth the case load and building assignment.  The assignments and buildings shall not be changed after having been posted unless prior written notification has been given to the Association with the reasons therefore, and the position is reposted as provided therein.

 

b.         Notices of involuntary transfer, reassignment, or new assignment shall be mailed to each professional employee through the interschool mail.  When school is not in session, such notices shall be sent to any employee who leaves a self-addressed, stamped envelope with the Superintendent for that purpose.

 

c.         Pupil personnel employees who desire a voluntary transfer or reassignment shall file a statement of such desire with the Superintendent within two (2) weeks of the posting of the notice of any vacancy.  Such statement shall include the position(s), the school or schools to which he/she desires to be transferred or assigned in order of preference.

 

d.         As soon as practicable, and whenever possible, at least one (1) week prior to the close of the school term, the Superintendent shall post in each school and deliver to the Association, a system‑wide schedule showing the names of all professional employees who have been reassigned or transferred and the nature of such reassignment or transfer.  If such schedule is not available before the close of the school term, it shall be posted on a Personnel Bulletin Board at the Administration Building on County Street and sent to the Association as soon as it is available and posted in each school at the opening of school the next September.  In addition, it shall be sent to any professional employee who leaves a stamped, self‑addressed envelope with the Superintendent for that purpose.

 

e.         All postings shall clearly set forth a description of the case load and building assignments

 

2.         Procedures

 

a.         When an involuntary transfer or reassignment is necessary, volunteers, if any, will be transferred or reassigned first.

 

b.         In selecting Pupil Personnel employees to be involuntarily transferred or reassigned at the elementary and secondary levels, the least senior professional employee shall be transferred unless there is a volunteer for the transfer.

 

c.         If more than one professional employee applies for the same vacancy and/or schedule of elementary or secondary assignments, the most senior qualified applicant will be transferred/assigned.

 

d.         After involuntary transfers/reassignments are completed, if there are any assignments in Pupil Personnel Services remaining vacant, these may be opened up once more to voluntary transfers/reassignments based upon seniority.

 

3.         Out of District Assignments – Pupil Personnel Psychologists

 

a.         When an out of district evaluation is necessary, the Director of Pupil Personnel Services will post these assignments consistent with the procedures listed in Section K of this Article.

 

b.         Psychologists may then volunteer to be assigned to these out of district evaluations as part of their regular caseload.  If there is more than one volunteer, the most senior Psychologist will be assigned.

 

c.         Thereafter, the least senior Psychologist will be assigned to the out of district evaluations.

 

d.         For each out of district evaluation assigned to a Psychologist, he/she will be relieved of one (1) regularly-assigned referral.

 

4.         Notwithstanding the above, any vacant assignment created by the bidding process shall be posted in accordance with Article 13 – Transfers.  In the event special qualifications are required, the decision of the Superintendent shall be final.

 

5.         Principals, on an occasional basis, may assign Special Education Teachers to assist small student groups (5 or less).  These students may be both students with Individual Education Plans or students who may need assistance due to a lack of progress in performance.

 

 

ARTICLE 13

 

TRANSFERS AND REASSIGNMENTS

 

A.        Definitions

 

1.         A transfer or reassignment is defined as a change in the grade and/or subject assignment and/or building assignment of a member of the bargaining unit.

 

            The parties acknowledge that a decision is pending from the SJC regarding reassignments, and reserve their respective rights to bargain over this issue should the present language be affected by the courts decision.

 

2.         Promotional positions, as defined in Article 10 of this Agreement, and vacancies, as defined in Article 13 of this Agreement, are excluded from coverage by this Article except in cases when an employee holding such position transfers or is transferred to another position which has the same job title and salary level as his/her current position.

 

B.        New Personnel

 

The Superintendent shall assign all newly elected personnel to their specific positions which shall be within the type of service for which the professional employee has been appointed.  The Superintendent shall give notice of assignments to new professional employees as soon as practicable.  A Teacher with Non-professional Teacher Status cannot transfer or apply for vacancies under Articles 13 and 14.

 

C.        Posting and Notice

 

1.         No later than May 1st of each school year, the Assistant Superintendent for Personnel shall post in all school buildings a list of the known vacancies which will occur during the following school year.

 

2.         Notices of involuntary transfer or reassignment shall be given to professional employees as soon as possible.

 

3.         Professional employees who desire a voluntary transfer or reassignment shall file a statement of such desire with the Superintendent or his designee within two (2) weeks of the posting of the position.  Such statement shall include the position  and/or grade and/or subject to which the professional employee desires to be assigned and the school or schools to which he/she desires to be transferred, in order of preference, and a separate statement shall be filed in applying for each vacancy.

 

4.         As soon as practicable, and whenever possible, at least one week prior to the close of the school term, the Superintendent shall post in each school and deliver to the Association a system‑wide schedule showing the names of all professional employees who have been reassigned or transferred and the nature of such reassignment or transfer.

 

If such schedule is not available before the close of the school term, it shall be posted on a personnel bulletin board at the Administrative Office on County Street and sent to the Association as soon as it is available and posted in each school at the opening of school the next September.  In addition, it shall be sent to any professional employee who leaves a self‑addressed, stamped envelope with the Superintendent for that purpose. 

 

5.         All postings shall clearly set forth a description of and the qualifications for the position including the duties and salary.  Such qualifications shall not be changed after having been posted without prior written notice to the Association and without the new amended notice having been posted.  Such qualifications shall reflect the reasonable requirements of the job.

 

6.         When school is in session, such notice shall be posted or included in the Personnel Bulletin as far in advance as practicable, ordinarily at least fifteen (15) school days before the final date when applications must be submitted and in no event less than five (5) school days before such date.

 

7.         Professional employees who desire to receive notification of any vacancies which shall occur during the summer vacation period shall submit their names and addresses to the Superintendent or his/her designee.  The Superintendent or his/her designee shall notify said professional employee of any vacancies including a description and duties thereof, and the qualifications for the position, and salary.  Such notification shall be sent as far in advance as practicable, ordinarily at least fourteen (14) days prior to the final date of application, and in no event less than seven (7) days prior to such date.  In addition, the Superintendent or his/her designee shall, within the same period, post a list of vacancies to be filled during the summer on a personnel bulletin board provided for such purposes at the Administration Office on County Street and shall send such list of positions to the Association.

 

8.         The Association shall be provided with a copy of all positions issued pursuant to  this Article within the time limits set forth in Sections 6 and 7 above.

 

D.        Procedures

 

1.         When an involuntary transfer or reassignment is necessary, qualified elementary professional employees within the building affected may volunteer to be transferred or reassigned and will assume involuntary transfer status.  If there is more than one (1) volunteer, the most senior employee shall be transferred.

 

2.         Procedures for In‑building Transfers:

 

When vacancies occur in a building for the next school year, the Principal of the  building shall post the list of vacancies on the bulletin board.  The following shall be the order in which vacancies are to be filled:

 

a.         A professional employee in a building where a vacancy occurs who wishes to fill that vacancy shall be placed in that position provided the vacancy becomes known prior to the May 1st posting, and provided the professional employee is qualified in that teaching area.

 

b.         If more than one professional employee applies for the same vacancy, the most senior professional employee shall fill the position.

 

c.         Such transfers shall be completed by April 15th. 

 

3.         Procedures for System‑Wide Transfers:

 

a.         Vacancies on the May 1st posting shall be filled by a voluntary transferee based on seniority.  No professional employee may transfer out of his/her present area of teaching at this time.  Involuntary transferees shall retain the right to transfer voluntarily on the May 1st posting.

 

b.         After the procedures in Paragraph (a) have been followed, all known vacancies shall be listed by the Assistant Superintendent for Personnel no later than June 1st.  These vacancies shall be filled by involuntary transfers according to rules set up in Sections 5 and 6 below.  An involuntary transferee may transfer out of his/her present area of teaching only if failure to do so would cause that professional employee to be laid off.

 

In the event of a decline in the Bilingual or Special Education Programs, and in the event that an involuntary transferee status exists, professional employees with Professional Teacher Status in the Bilingual or Special Education Programs will be given the option to bid into the mainstream on the basis of Seniority on the June 1st listing. 

 

            Any professional employee may volunteer to be an involuntary transferee.  Once a professional employee declares to be an involuntary transferee, his/her position will be added to the vacancies on the May lst list.  Declarations shall be made in writing to the Assistant Superintendent for Personnel and must be received no later than 4:00 p.m. on the last school day on or before April 1st.

 

c.         After involuntary transfers are completed, if there are any positions remaining vacant, these positions may be opened once more to voluntary transfers.  At this time professional employees may elect to transfer out of  their present area of teaching.  In the event positions are opened under this paragraph, the posting for such openings shall be made on August 1st.

 

d.         Only after all contracted professional employees have been satisfactorily placed in positions for which they are certified, can the remaining vacancies be filled through new appointments by the School Committee.

 

e.         When Special Education Classes are redesignated, the professional employee owning the position in the redesignated class shall have the option of remaining with the class or becoming an involuntary transferee.  If the Special Education Class must change buildings, the professional employee owning the position shall have the option of remaining with the class or becoming an involuntary transferee.

 

4.         If more than one professional employee being involuntarily transferred or reassigned applies for the same vacancy, the most senior qualified professional employee as defined in this Agreement shall be appointed.

 

5.         If there are no volunteers to be involuntarily transferred or reassigned as provided in Section D 1, the following procedure shall be followed at the elementary level:

 

a.         The least senior professional employee within the affected building, as defined in this Agreement, shall be involuntarily transferred or reassigned.  Additional professional employees to be involuntarily transferred or reassigned shall be selected in inverse order of seniority.  Professional employees remaining in the building whose assignments have been affected by said changes but who have not been transferred or reassigned out of the building as a result of their seniority status, shall fill those vacancies created by transfers or reassignments.  If more than one professional employee so affected remains in the building he/she shall be allowed to select from vacancies in that building in order of seniority.

 

b.         If there is to be an involuntary transfer or reassignment of professional employees who are assigned to more than one building, the least senior professional employee whose assignment is affected by the decision causing such involuntary transfer or reassignment shall be transferred first.  Additional professional employees to be transferred or reassigned shall be selected in the inverse order of seniority.

 

c.         If an elementary position is eliminated, the least senior professional employee in that building shall be considered an involuntary transferee.  If a vacancy does not exist to place this professional employee, then the least senior elementary professional employee system‑wide in that same area of teaching shall be terminated or he/she placed on the involuntary transfer list  as recommended by the Superintendent.

 

6.         If there are no volunteers to be involuntarily transferred or reassigned as provided in Section 1, the following procedures shall be followed at the secondary level:

 

a.         In selecting professional employees to be involuntarily transferred or reassigned at the secondary level, the least senior professional employee, as defined in this Agreement, teaching within the building and within the department and within the area of certification affected by the changes causing the involuntary transfer or reassignment, shall be transferred or reassigned first.  Additional professional employees to be involuntarily transferred or reassigned from that department and that building and that area of certification shall be selected in the inverse order of seniority.

 

b.         Professional employees remaining in the affected department, building, and area of certification whose assignments have been affected by said changes, but who have not been transferred or reassigned from the department, building, or area of certification because of their seniority status shall fill those vacancies created by the transfers or reassignments of the least senior professional employee in that department and area of certification provided that they are qualified to fill such a vacancy.  If there is more than one (1) professional employee so affected, they shall be allowed to select from vacancies for which they are qualified within that department, building, and area of certification in order of seniority.

 

c.         If a secondary position is eliminated, the least senior professional employee in that department and that building shall be considered an involuntary transferee.  If a vacancy does not exist to place this professional employee, then the least senior secondary professional employee system‑wide in that  department shall be terminated or be placed on the involuntary list as recommended by the Superintendent.

 

7.         In the event that a professional employee's exercise of the transfer rights and procedures, as hereinbefore provided, shall act so as to cause the layoff of a member of the bargaining unit, such rights shall be abridged to the extent necessary to prevent the layoff.  Said abridgment shall only occur with the mutual consent of the Committee and the Association.

 

8.         No professional employee shall be involuntarily assigned or transferred to teach outside of his/her area of certification and major field of study without his/her consent.

 

9.         No professional employee shall be involuntarily transferred or reassigned for disciplinary reasons.

 

10.       In the determination of requests for voluntary reassignment and/or transfer, the wishes of the individual professional employee will be honored to the extent that they do not conflict with the instructional requirements and best interests of the school system.  The Superintendent or his/her designee may request a written recommendation from the sending or receiving administrator on the request for transfer.  If more than one professional employee has applied for the same position, seniority shall be a significant factor in determining which professional employee shall be given the position.

 

11.       No openings shall be filled on a permanent basis during the school year in a position that has not been posted.  All such openings filled during the school year or on an emergency basis shall be deemed open at the close of the school year.  Any professional employee, except long‑term substitutes, assigned to fill a non‑posted opening shall retain all rights to their previous position.  Said professional employees may bid on the job they held temporarily along with other voluntary transferees on the May 1st posting.  Any positions created too late to appear on the May 1st posting shall be filled by assignment and posted on the May 1st posting of the following school year.

 

12.       If a professional employee is assigned for two (2) consecutive years to a federally or state funded position, his/her position shall be posted on the next May 1st posting.  The professional employee assigned to a federally or state funded position shall be considered an involuntary transferee and may bid in accordance with the procedures outlined in this Article. 

 

E.         Superintendent Meeting

 

1.         An involuntary transfer or reassignment shall be made only after a meeting between the professional employee involved and the Superintendent or his/her designee, at which time the professional employee will be notified of the reasons thereof, except that a temporary transfer or reassignment up to thirty (30) school days can be made in an emergency without such a meeting.  In the event that a professional employee objects to the transfer or reassignment at this meeting, upon request of the professional employee, the Association will be notified, and the Superintendent or his/her designee will meet with the Association's representative to discuss the matter.

 

2.         The Association, at its option, may count the initial time limit for filing grievances relative to involuntary transfers or reassignments from the day following the date upon which such meeting has taken place or from the date of the violation.

 

F.         Evaluation Cycle

 

A Teacher with Professional Teacher Status who receives a rating of “Unsatisfactory” in an annual “Formal Evaluation Cycle” and who changes schools in the New Bedford Public School System will be placed in the Formal Observation/Evaluation Cycle by the Principal of the receiving school.


ARTICLE 14

 

VACANCIES

 

A.        Posting

 

1.         All vacancies in positions in which a salary differential is applicable, in accordance with the terms of this contract, shall be posted in every school or included in the Personnel Bulletin clearly setting forth a description and the qualifications for the position, including the duties and salaries.

 

2.         When school is in session, such notice shall be posted or included in the Personnel Bulletin as far in advance as practicable, ordinarily at least fifteen (15) school days before the final date when applications must be submitted and in no event less than five (5) school days before such date.

 

3.         Professional employees who desire to apply for such vacancies shall submit their applications, in writing, to the Superintendent or his/her designee within the time limit specified in the notice.

 

4.         The Committee agrees to give due weight to the professional background and attainment of all applicants, the length of time each has been in the school system, and other relevant factors.  In filling such vacancies, preference will be given to professional employees already employed by the Committee.  Each professional employee or applicant not selected will receive written notification from the Superintendent or his/her designee that he/she was not selected within fifteen (15)  days of the decision by the School Committee.

 

B.        Summer Notices

 

Professional employees who desire to receive notification of any vacancies, which shall occur during the summer vacation period, shall submit their names and addresses to the Superintendent or his/her designee.  The Superintendent or his/her designee shall notify said professional employee of any vacancies, including a description and duties thereof, the qualifications for the position, and salary.  Such notification shall be sent as far in advance as practicable, ordinarily at least fourteen (14) days prior to the final date of application, and in no event less than seven (7) days prior to such date.  In addition, the Superintendent or his/her designee shall, within the same time period, post a list of vacancies to be filled during the summer on a personnel bulletin board provided for such purposes at the Administration Office on County Street and shall send such list of positions to the Association.

 


ARTICLE 14A.

TRANSFERS AND VACANCIES OF NURSES

 

A.        Definition

 

1.         A transfer or reassignment is defined as any change (including additions or deletions) in the assignment held by a member of the bargaining unit.

 

2.         A vacancy is defined as any opening which occurs (by retirement, resignation, reassignment, transfer, creation of new position, addition or deletion of assignments in an existing position or other reason) in a position included in this bargaining unit.

 

B.        New Personnel

 

The Superintendent shall assign all newly appointed personnel to their specific positions, which shall be within the type of service for which the Nurses have been appointed.  The Superintendent shall give notice of assignments to new Nurses as soon after appointment as practicable.

 

C.        Posting and Notice

 

1.         Notice of all vacancies in the bargaining unit shall be posted at least fourteen (14) days before the last date when applications for such positions are accepted.  Such notice shall be posted in all school buildings and a copy of such notice shall be sent to the President of the Association.  In addition, when school is in session, such notice shall be mailed to each Nurse through the interschool mail.  When school is not in session, such notice shall be sent to each nurse at his/her home address.  Such notice of vacancy shall clearly set forth qualifications for the position, and the assignment.  The qualifications and assignments shall not be changed after having been posted unless prior written notification has been given to the Association with the reasons therefore, and the position is reposted as provided herein.

 

2.         Notices of involuntary transfer, reassignment, or new assignment shall be mailed to each Nurse through the interschool mail.  When school is not in session, such notices shall be sent to any Nurse who leaves a self‑addressed, stamped envelope with the Superintendent for that purpose.

 

3.         Nurses who desire a voluntary transfer or reassignment shall file a statement of such desire with the Superintendent within two (2) weeks of the posting of the notice of any vacancy.  Such statement shall include the position(s), the school or schools to which he/she desires to be transferred or assigned in order of preference.

 

4.         As soon as practicable, and whenever possible, at least one (1) week prior to the close of the school term, the Superintendent shall post in each school and deliver to the Association, a system‑wide schedule showing the names of all Nurses who have been reassigned or transferred and the nature of such reassignment or transfer.  If such schedule is not available before the close of the school term, it shall be posted on a Personnel Bulletin Board at the Administration Building on County Street and sent to the Association as soon as it is available and posted in each school at the opening of school the next September.  In addition, it shall be sent to any Nurse who leaves a stamped, self‑addressed envelope with the Superintendent for that purpose.

 

5.         All postings shall clearly set forth a description of and the qualifications for the position including the duties and salary.  Such qualifications shall not be changed after having been posted, without prior written notice to the Association and without the newly amended notice having been posted.  Such qualifications shall reflect the reasonable requirements for the job.

 

D.        Procedures

 

1.         When an involuntary transfer or reassignment is necessary, volunteers, if any, will be transferred or reassigned first.

 

2.         In selecting Nurses to be involuntarily transferred or reassigned at the elementary and secondary levels, the least senior Nurse shall be transferred unless there is a volunteer for the transfer.

 

3.         If more than one Nurse applies for the same vacancy and/or schedule of elementary or secondary assignments, the most senior qualified applicant will be transferred.

 

4.         When school is not in session, the Superintendent or his/her designee shall notify Nurses of any vacancies.  Such notice shall include the qualifications for the position, the assignment, and the salary. Such notification shall be sent as far in advance as practicable, ordinarily at least fourteen (14) days prior to the final date of application, and in no event less than seven (7) days prior to such date.  In addition, the Superintendent or his/her designee shall, within the same period, post a list of vacancies to be filled during the summer on a Personnel Bulletin Board provided for such purposes at the Administration Building on County Street, and shall send such list of positions to the Association.

 

E.         Superintendent's Meetings

 

An involuntary transfer or reassignment shall be made only after a meeting between the Nurse involved and the Superintendent or his/her designee, at which time the Nurse will be notified of the reasons thereof, except that a temporary transfer or reassignment up to thirty (30) school days can be made in an emergency without such a meeting.  In the event that a Nurse objects to the transfer or reassignment at this meeting, upon the request of the Nurse, the Association will be notified and the Superintendent, or his/her designee will meet with the Association's representative to discuss the matter.  The Association may count the initial time limit for filing a grievance relative to the involuntary transfer or reassignment from the day following the date upon which such meeting has taken place or from the date of the violation at its option.

 

F.         Vacancies During the School Year

 

1.         In the event a vacancy occurs during the school year, the vacancy shall be posted describing the school duties and salary for the position.  The vacancy shall be posted no later than thirty (30) days after the vacancy occurs.  The most senior qualified Nurse desiring the position shall be transferred.  If no member of the bargaining unit bids for the vacancy, then such vacancy shall be with a “new hire”.

 

2.         Any subsequent vacancy created by the transfer of a bargaining unit member as provided in F.l. (above) shall be posted and filled as provided within Article 14 A., of this Agreement.

 

 

ARTICLE 15

 

SCHEDULES OF PROFESSIONAL EMPLOYEES

 

A.        Assignments

 

In order to assure that students are taught by professional employees working within their areas of competence, professional employees shall not be involuntarily assigned to subjects and/or grades or other classes outside the scope of their teaching certificates and/or their major or minor fields of study except in accordance with the regulations of the State Board of Education and for good cause shown.

 

B.        Travel Limitation

 

In arranging schedules for professional employees who are assigned to more than one school, an effort shall be made to limit the amount of inter‑school travel.  Such professional employees shall be notified of any change in their schedules as soon as practicable.

 

C.        Transportation Pay

 

Audio‑visual Assistants, Kindergarten Teachers, Adjustment Counselors, Teachers for Home/Hospital Instruction, Music, Physical Education, Speech and Language Pathologists, Teachers of the Hearing Impaired, Physical and Occupational Therapists, Nurses, and other professional employees who are assigned to more than one (1) school each school day and are required to travel from one school to another during the school day, shall be allowed the annual sum of four hundred dollars ($400.00) for transportation.  The allowance shall be earned at the rate of forty dollars ($40.00) per month of teacher service. 

 

Commencing on July 1, 2005, the allowance shall be changed to one thousand dollars ($1000.00) annually at the rate of one hundred dollars ($100.00) per month. 

 

D.        Travel Pay

 

1.         All professional employees will be reimbursed at the IRS rate for all travel by personally owned vehicle outside the City, not covered by Section C above, done by them in the performance of their duties, or for attendance at any conference or meeting to which they have been assigned or to which they are attending with the advance approval of the Superintendent.  The above allowance will apply for all travel done by School Adjustment Counselors and Secondary Guidance Counselors, excluding meetings called pursuant to Article 12, Section E.

 

 

ARTICLE 16

 

SICK LEAVE

 

A.        Annual Sick Leave

 

1.         Annual sick leave with full pay shall be allowed all professional employees on annual salary at the rate of one and one‑half (1 1/2) days for each month of teaching service, not to exceed fifteen (15) days in any one year.  Unused sick leave may be accumulated from year to year, but not in excess of one hundred eighty-five (185) days.

 

2.         If a professional employee begins the school year with the maximum accumulation of sick leave and serves the entire school year without the use of more than five (5) sick leave days, he/she shall be allowed additional sick leave days credited to his/her accumulation for buy back purposes according to the following schedule:

 

                                                DAYS USED             DAYS CREDITED

 

0                                  10

1                                  9

2                                  8

3                                  7

4                                  6

5                                  5

 

3.         Employees who have the maximum number of accumulated sick leave days on the first day of school of any school year shall not lose sick leave credit for good attendance as provided in section A.2. (above) because of any assessment of sick leave to the sick leave bank.

 

4.         Professional employees will be allowed to use eight (8) of their fifteen (15) days per year in cases of family illness of a spouse, child, or parent living in the household. 

 

B.        Physician's Certificate

 

Professional employees may be required, at the discretion of the Superintendent, to furnish a certificate from an attending physician when sick leave extends beyond three (3) consecutive school days.

 

C.        Independent Examination

 

The Committee, at its own expense, reserves the right to have an independent physician examine any professional employee taking sick leave whenever, in its opinion, the professional employee may not be entitled to sick leave benefits.

 

D.        Use of Sick Leave

 

It is specifically agreed that any professional employee who does not have any accrued sick leave to his/her credit may, during any one school year, use that school year's sick leave prior to its actual accrual.  In the event a professional employee borrows leave, as provided in this paragraph and terminates employment with the system prior to actually earning sick leave, as provided in Section 1 of this Article, the professional employee agrees that an amount equal to the number of used but unearned sick leave days multiplied by 1/185 of his/her annual basic salary will be deducted from his/her final paycheck.

 

E.         Extended Illness

 

The School Committee agrees to provide professional employees with PTS with the following extended illness plan:

 

1.         In the event that a professional employee with PTS shall be absent from school due to illness or accident of an extended nature, which is verified by a physician to be twenty (20) school days or longer in duration, the professional employee with PTS shall be entitled to benefits under this extended illness plan.  In order to qualify for benefits under this Article, a professional employee with Professional Teacher Status must have earned 20 sick days as of the inception of the illness.  (This includes unused personal days converted to sick days)

 

2.         Such professional employee with PTS who complies with the above requirements shall be entitled to an additional number of sick days equal to the number of actual accumulated sick days at the inception of his/her extended illness.

 

3.         The rate of compensation for his/her actual accumulated sick leave shall be full pay in accordance with current School Committee policy.  The rate of compensation for the additional days in accordance with the extended illness plan shall be calculated in accordance with the following formula:

 

Actual accumulated sick

days at the inception of

Rate of Pay X                             extended illness                  =          Rate of pay

                                                Total possible accumulated                 during extended

sick leave since inception                    illness

                                                of employment as specified

in Section A 1.

 

4.         Upon return from an extended illness, a professional employee with PTS shall continue to be eligible for the extended illness plan in the following manner:

 

A professional employee with PTS shall be entitled to additional sick days equal to the number of actual accumulated sick days since his/her return to work.  Said days shall be compensated at the rate of pay calculated by multiplying his/her daily rate of pay times the ratio of actual accumulated sick days since his/her illness over the total possible accumulated sick days since his/her return to work.

 

5.         Continuing treatments for prolonged illnesses, such as but not limited to those listed below, shall qualify for extended sick leave even though the absences are not consecutive:

 

Cancer

Disabling paralysis caused by brain or spinal tumors, polio or

multiple sclerosis

Addison's Disease

Coronary or cerebral thrombosis

Disabling major bone fractures or dislocation

Cystic Fibrosis

Disabling limb amputations

Chronic tuberculosis

Chronic congestive heart failure

                                    Chronic rheumatic fever

Dialysis

AIDS

 

F.         Severance Pay ‑ Retirement or Resignation

 

1.         Each professional employee with PTS, retired by the Retirement Board after ten (10) years of satisfactory service in the New Bedford School System, shall receive in one lump sum eighty dollars ($80.00) for each day of actual accumulated sick leave.

 

Effective school year 2008-2009        $80.00/day

Effective school year 2009-2010        $80.00/day

Effective school year 2010-2011        $85.00/day

 

2.         Each professional employee with PTS, who resigns with ten (10) or more years of service and with at least seventy‑five (75) days of accumulated sick leave upon the effective date of resignation, shall receive in one lump sum for each day of accumulated sick leave:

 

Effective school year  2008-2009       $80.00/day

Effective school year 2009-2010        $80.00/day

Effective school year 2010-2011        $85.00/day

 

3.         In order to be eligible to collect severance pay under Sections 1 and 2 above, professional employees must give proper notice of resignation or retirement pursuant to Article 7, Section A of this contract.

 

4.         In addition to the above yearly contribution, any employee, who upon retirement shall be eligible to receive a severance benefit pursuant to Article 16, Section F, may elect to have the gross lump sum of the benefit paid pre-tax to their designated contributory 403B account.

 

G.        Severance Pay ‑ Death

 

Upon the death of a professional employee, his/her estate shall receive the appropriate amount determined under Section F.1 above.

 

H.        Sick Leave Limitation

 

Sick days shall be deducted only for lost school days.

 

I.          Sick Leave Abuse

 

1.         A doctor's verification of illness may be required by the Superintendent regardless of duration in cases when a pattern of sick leave indicates abuse of sick leave privileges. A requirement for medical verification in substantiation of an absence due to illness, regardless of duration, will not be invoked without first advising the employee of his/her questionable sick leave record, and giving him/her an opportunity to improve for a period of sixty (60) school days. At any meeting with the Superintendent dealing with this paragraph, the professional employee shall be entitled to Association representation.  If there is no improvement, the employee may be advised in writing that future requests for sick leave may be supported by medical verification as a condition of sick leave payment for the next forty (40) school days.  If a professional employee is absent due to illness during this period, he/she may call the Superintendent and notify the Superintendent of his/her illness.  The Superintendent may at that time request a verification of said illness.  If no call is made to the Superintendent regarding said sick day, medical verification must be provided for sick day payment.  Expenses, if any, resulting from verification of illness will be the responsibility of the employee.  The Superintendent shall not act in an arbitrary manner in regards to this Article.

 

2.         The Association may request semi‑annually in January and June, if the Superintendent has required a professional employee to provide medical verification as a condition of payment under this Section.   Any grievances filed under this Section I shall be individual grievances, not group grievances.

 

J.          Nurses

 

Nurses shall be provided an incentive for attendance with the added payment of three hundred dollars ($300.00) for each year (September-June) in which no sick days are taken.  The use of the first sick day in the year shall result in the loss of fifty dollars ($50.00); for each of the subsequent five (5) days, fifty dollars ($50.00) each will be deducted for a total of three hundred dollars ($300.00).  Payment shall be made the first pay period of June of each year.

 

K.        403(b) Program

 

All new employees hired on or after July 1, 2008 will not be eligible for Article 16 – Sick Leave, F.  Severance Pay Retirement or Resignation for accumulated sick days or bonus days under A2 above.  However, new employees will be eligible for all other Article 16 provisions except as limited herein.

 

All employees who first begin work with the School District on or after July 1, 2008 shall be eligible to participate in a tax deferred compensation plan of the employee’s choosing, provided that their participation does not violate the non-discrimination requirements applicable to section 403(b) plans with regard to employees hired before July 1, 2008.  (They will not be eligible for the retirement benefit set forth in Section F, Article 16).  In such an event this provision shall be null and void and newly hired employees shall be eligible for severance payments in accordance with Article 16, Section F.

 

New employees opting into the 403(b) Program will receive a matching amount up to the maximum, on an annual basis, as stated below.  The amount to be matched by the School Committee is dependent upon the employee’s years of continuous service in the New Bedford Public Schools, the annual sick leave by an employee and the annual amount contributed by the employee.


 

Years of Service                       Sick Leave Days used on an annual basis

                                                                         0 Days            1-3Days           4-5 Days

 

                        1 to 5 years                              $200.00           $100.00           $75.00

           

                         6 to 10 years                           $275.00           $175.00           $125.00

 

 11+ years                                $350.00           $300.00           $250.00

 

The parties agree that either side may request to re-open this provision in order to discuss a similar provision for current employees.  The agreement to re-open must be by mutual agreement.  The agreement to re-open does not require discussion on the 403(b) program for new employees.

 

 

ARTICLE 17

 

TEMPORARY LEAVES OF ABSENCE

 

Professional employees shall be entitled to the following temporary leaves of absence with pay each school year:

 

A.        Bereavement Leave ‑ Immediate Family

 

In case of death in the immediate family of a professional employee, an absence of three (3) calendar days, including the day of the funeral.  The term “immediate family”, as used in this Article and Article 18, means husband, wife, parent, grandparent, grandchild, son, daughter, brother, sister or such in-laws and such step-family members and a live-in companion of an employee who has lived with the employee for twelve (12) consecutive months before the death of the companion and is acknowledged to be a live-in companion regardless of sexual orientation.  These three (3) bereavement days, if used, must be taken within five (5) calendar days immediately following the death.

 

In the case of the death of an aunt, uncle, niece, or nephew of a professional employee or spouse of a professional employee, an absence of one (1) calendar day to attend the funeral.

No Bereavement leave will be paid for any day during school vacation weeks.  Notwithstanding the above, for cremation, the three (3) bereavement days need not be consecutive, and not necessarily be within the five (5) day framework.

 

B.        Personal Leave

 

1.         Professional employees shall be granted two (2) days of personal leave annually.  Such days shall be prearranged with the Principal or Supervisor whenever possible.  Additional leave may be granted at the discretion of the Superintendent.

 

2.         Unused personal days will be added to accumulated sick leave for the following school year if the professional employee does not have maximum accumulation.  If a professional employee is at maximum accumulation, the unused personal leave will be credited to sick leave for buy‑back purposes only, under Article 16, Section F.

 

C.        School Visitation

 

The Superintendent, without referral to the School Committee, may grant permission to professional employees to visit schools in the city or elsewhere without loss of pay when, in the opinion of the Superintendent, the best interests of the New Bedford Public Schools will be advanced thereby.  However, not more than two (2) such visiting days may be allowed any professional employee in one school year, and any expenses incurred shall be paid by the professional employee requesting the permission.

 

D.        Religious Policy

 

Existing religious policy on leave will be continued.

 

 E.        Jury Duty

 

If professional employees are required to serve jury duty during times that school is in session, the Committee shall guarantee to make up the difference between what the court pays and the professional employee's regular daily pay.  The professional employee will submit to the payroll office a voucher of his/her earnings attributed to jury duty. 

 

F.         Court Appearance

 

1.         When a Professional employee is required to be absent from his/her assignment for a court appearance on matters connected with his/her official duties with the School Department, such absence shall not be deducted from his/her sick leave or personal leave.

 

2.         If a professional employee is required by the Superintendent or his/her designee, or by subpoena, if required testimony relates to the official duties of a Teacher, to appear in court as a witness on school‑related business during school vacations; i.e., Thanksgiving Recess, Christmas Recess, Winter and Spring Recess, or July or August, he/she shall be paid thirty dollars ($30.00), per hour for time spent in court, with a minimum of two (2) hours' pay for each day in court. 

 

3.         If a professional employee is required by the Superintendent or his/her designee, or by subpoena, if required testimony relates to the official duties of a Teacher, to appear in court as a witness on a school‑related business after the normal workday, he/she shall be paid thirty dollars ($30.00) per hour.

 

4.         In the event an employee is required by subpoena to appear in court on matters not related to school business, the Superintendent may grant court leave, with pay, at his discretion. 

 

G.        Assault Leave

 

When a professional employee is injured as the result of an assault in the performance of his/her duties and must be absent from school due to such injury, the School Committee shall pay the professional employee his/her full salary for the first five (5) days of absence, and the professional employee shall not suffer loss of any sick days for this period of time.  After the first five (5) day period, the School Committee shall, for the period up to thirty (30) days, pay the professional employee the difference of what Workers' Compensation pays and the amount the professional employee earns on a daily basis.  During this period of time, the professional employee shall suffer no loss of sick days.  After the thirty (30) day period, the School Committee shall pay the same difference in pay of what Workers' Compensation pays and what the professional employee earns on a daily basis, however, the professional employee will lose that percentage of what the School Committee pays in sick days.  Example:  Workers' Compensation pays 2/3, the School Committee pays 1/3, and the professional employee loses 1/3 of a sick day.

 

 

ARTICLE 18

 

EXTENDED LEAVE OF ABSENCE

 

A.        Volunteer Leave

 

A leave of absence without pay of up to two (2) years will be granted to any tenured professional employee who joins VISTA as a volunteer, serves as an exchange teacher, or serves in the Peace Corps, and is a full‑time participant in any such program.  Upon return from such leave, a professional employee will be considered as if he/she were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.

 

B.        Military Leave

 

Military leave not to exceed four (4) years will be granted to any professional employee who is inducted or enlists in any branch of the armed forces of the United States in accordance with the Universal Military Act.  Upon return from such leave, a professional employee will be placed on the salary schedule at the level which he/she would have  achieved had he/she remained actively employed in the system.

 


C.        Maternity/Child Bearing Leave

 

1.         A professional employee who is pregnant shall be entitled, upon request, to a leave without pay to begin at any time between the commencement of the pregnancy and one (1) year after the termination of her pregnancy.  Said professional employee shall notify the Superintendent, in writing, of her desire to take such leave and, except in case of emergency, shall give such notice at least thirty (30) days prior to the date on which her leave is to begin.  She shall include with such notice either a physician's statement certifying her pregnancy or a copy of the birth certificate of her child, whichever is applicable.  A professional employee who is pregnant may continue in active employment as late into her pregnancy as she desires, provided she is able to properly perform her required functions.

 

a.         A professional employee shall be entitled to take paid sick leave to cover the period of the maternity leave during which she was actually physically disabled due to the pregnancy or the termination thereof, in accordance with the regulations issued by the Massachusetts Commission Against Discrimination under Massachusetts General Laws, Chapter 151B, Section 4, and Chapter 149, Section 105D.  The inclusion of the Massachusetts Commission Against Discrimination regulations shall not act so as to create a six (6) month probationary period and/or to limit sick leave benefits to professional employees on maternity leave of eight (8) weeks or less.

 

2.         Child Bearing Leave

 

A professional employee may request maternity leave without pay for two (2) school years provided that if the professional employee exercises this alternative she may not return during the two (2) year leave of absence without the approval of the Superintendent of Schools whose decision shall be final; and provided further that the professional employee will be assigned to as nearly as comparable a position as possible and will not be assured of the opportunity to return to her former position.

 

            An employee who exercises the option to request maternity leave without pay for two (2) school years may request maternity leave for a second pregnancy during the two year maternity leave to begin at the expiration of the two (2) year period, but no leave will be granted for this second pregnancy for a period longer than the disability period, for the purpose of giving birth, in accordance with M.G.L. Chapter 151B, and Chapter 149, Section 105D.  Maternity Leave for subsequent pregnancies shall not be affected by this paragraph. 

 

3.         A professional employee on maternity leave shall notify the Superintendent of Schools as soon as possible of her intent to return during the one (1) year period after the termination of the pregnancy and shall be entitled to return to her former position unless such position has been eliminated in which case the professional employee shall be assigned to as nearly as comparable a position as possible.

 

4.         Unless a professional employee returns to duty on the expiration of the one (1) year period, her employment shall be terminated, unless the leave is extended using the procedure as provided in Section G of this Article.

 

5.         Upon written application of a professional employee, a maternity leave may, at the discretion of the Superintendent, be extended or curtailed if unusual conditions  exist.

 

6.         A professional employee who has been employed ninety‑one (91) days of the school year will, upon her return, be given credit for a full year's work on the salary schedule; however, the professional employee will not earn sick leave while on maternity leave.

 

7.         A professional employee who has worked 150 days of the school year will, on her return, be given credit for a full year's work on the longevity schedule.

 

D.        Child Rearing/Adoption Leave

 

            1.         a.         A professional employee with PTS or a professional employee without PTS who has completed one (1) year of employment shall be entitled to an unpaid or paid leave if there is accumulated sick leave available for the period not exceeding eight (8) weeks for the purpose of adopting a child.  Said employee must give to the employer at least two (2) weeks' notice, if possible, of the anticipated date of departure and intention to return.

 

b.         An employee with PTS who adopts a child shall, upon request, be allowed an unpaid leave of absence of two (2) school years for the purpose of child rearing for the years immediately following the adoption, provided that if the professional employee exercises this alternative he/she may not return during the two (2) year leave of absence without the approval of the Superintendent of Schools whose decision shall be final; and provided further that the professional employee will be assigned to as nearly as comparable a position as possible and will not be assured of the opportunity to return to his/her former position.  Said leave may be applied for in increments of one (1) year. 

 

If the leave of absence does not coincide with the start of the school year in September, employees whose leave commences within the first ninety‑two (92) days of the school year will have that year count as the first full year of a leave of absence.  If the employee's leave commences after the ninety‑second (92nd) day of the school year, the remainder of the year will not count toward the two‑year leave of absence. 

 

2.         Special unpaid leave for the purpose of caring for a newborn infant shall be granted to a professional employee with PTS, provided the professional employee is the parent of the child or has the legal responsibility for the care and/or support of the child.  Such leave shall be for a period of two (2) school years, and begin on September 1.  Said leave may be applied for in increments of one (1) year. 

           

E.         Family Medical Leave Act (FLMA)

 

1.         The leave provisions set forth in other sections of this Agreement will prevail except in those instances where the FMLA provides greater benefits.  Unpaid leaves of absence under the Agreement are inclusive of benefits provided under FMLA.

 

2.         The Committee shall not require the use of personal leave or sick leave, as set forth in Articles 16 and 17 of this Agreement, as a condition of taking an FMLA leave, but, if used, said personal or sick leave shall be inclusive of benefits provided under FMLA.

 

3.         Where both spouses are employed by the School Department, they are entitled to a combined total of twelve (12) weeks leave for: (1) birth, adoption or foster care; or (2) in order to care for a parent with a serious health condition.

 

4.         When both spouses are employed by the School Department, each employee is entitled to a twelve (12) week leave, without counting leave time taken by the other spouse, for their own serious health condition or to care for their child.

 

F.         Leave for Family Illness

 

A leave of absence without pay or increment of up to one (1) year will be granted to a professional employee with PTS for the purpose of caring for a sick member of the   immediate family.  Immediate family is defined in Article 17, A.

 

G.        Personal Illness

 

Any professional employee with Professional Teacher Status whose personal illness extends beyond the period compensated by sick leave will be granted a leave of absence without pay for such time as is necessary for complete recovery from such illness not to exceed one (1) year.  Upon return from such leave, every effort will be made to assure that the professional employee is assigned to the same position he/she had before taking the leave, if available.

 

H.        Maintenance of Rights

 

All benefits to which a professional employee was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return, provided that the professional employee returned to service immediately upon the expiration of his/her leave.

 

 

I.          Request for Leave

 

In unusual or grave personal circumstances or for the purpose of restoration of health, professional improvement, special educational service, or military service other than those cases specifically covered above, a professional employee with PTS may, upon the recommendation of the Superintendent be granted a limited leave of absence without pay when such leave seems to be in the best interests of the school system as well as of the individual professional employee.

 

J.          Extension of Leave of Absence

 

All requests for extended leave will be applied for and granted in writing.

 

K.        Presidency Leave

 

The President of the New Bedford Educators Association Inc. shall be granted a leave of absence, without pay, from his/her teaching position for the duration of the elected term.  Upon leaving office, the professional employee shall return to his/her former position without loss of any benefits, except that if such leave exceeds four (4) consecutive years the President shall return to a similar position without loss of benefits.

 

The Committee agrees to continue to pay fifty (50) percent of the health insurance premium for the President of the New Bedford Educators Association.

 

L.         One Year Leave of Absence

 

The Superintendent shall grant a request from Professional Employees for a one year leave of absence without pay.

 

1.         The request shall be made no later than April 1 prior to the commencement of the leave of absence.  This provision may be waived at the discretion of the Superintendent

 

2.         The leave of absence shall be for one full school year and shall commence at the beginning of the school year.

 

3.         No more than ten (10) requests may be granted for a school year.  Requests may be granted in excess of ten (10) at the discretion of the Superintendent.

 

4.         No professional employee may be granted a one year leave under this mandatory provision more than once.  The Superintendent may waive this requirement at his/her discretion.

 

5.         In the event more than ten (10) requests are made for one school year, the Superintendent shall approve requests based upon the needs of the school department.  The decision of the Superintendent, in this section K. 5 only, shall be final and not subject to grievance and/or arbitration.

 

M.        An employee on maximum salary step going on leave shall return to the new maximum step.

 

ARTICLE 19

 

SABBATICAL LEAVE

 

A.        Condition for Leave

 

A professional employee with PTS may, upon the approval of the Superintendent, be granted a sabbatical leave of absence for a period not to exceed one (1) year for the purpose of advanced study at any accredited institution of higher learning.

 

B.        Procedure for Request

 

An applicant for sabbatical leave shall, on or before the April 1st immediately preceding the school year for which sabbatical is desired, submit to the Superintendent a written application for such leave.  The application shall state the professional employee's reasons for requesting the leave, and shall include a description of the study/programs that he/she plans to engage in while on leave.  The Superintendent shall decide which applicants shall be granted sabbatical leave and shall notify each applicant, in writing, of his/her decision no later than May 1st of the same school year.

 

C.        Criteria

 

In considering an application for sabbatical leave, the Superintendent shall apply the following criteria:

 

1.         Years of service in the New Bedford Public Schools.

 

2.         Type of research or study planned.

 

3.         Educational value of the proposed research or study to the New Bedford School Department.

 

4.         The relationship of the proposed research or study to the professional employee.

 

Sabbatical leave shall not be recommended for the purpose of acquiring a Master's Degree.

 

Failure of an employee to complete the program of research or study, as agreed in writing between the applicant and the Superintendent, shall result in a reimbursement of the appropriate percentage of the salary paid based upon the pro‑rata schedule of the program not completed.

 

D.        Compensation

 

A professional employee on sabbatical leave shall be paid fifty percent (50%) of the annual salary which he/she would have received if he/she had remained on active duty with the Committee, exclusive of any supplementary compensation which he/she may have been receiving in addition to his/her regular salary.  During the time a professional employee is on sabbatical leave, he/she shall continue to receive the same health insurance benefits and group life insurance benefits he/she was receiving prior to going on said leave.

 

E.         Requirement For Service Upon Return

 

Prior to the granting of the sabbatical leave, the professional employee shall enter into a written agreement with the Superintendent that, upon the termination of such leave, he/she will return to service in the New Bedford Public Schools for a period equal to twice the length of the sabbatical leave, and that, in default of completing such service, he/she will refund the City of New Bedford an amount equal to such proportion of salary received by him/her while on said leave, as the amount of service agreed to be rendered.  This Section shall not apply to employees who are excused by the Superintendent from this requirement for serious reasons.

 

F.         Maintenance of Rights

 

Upon return from sabbatical leave, the professional employee will be placed on the Salary Schedule at the step which he/she would have achieved had he/she remained actively employed in the New Bedford School System, and will have restored to him/her all benefits to which he/she was entitled at the time the sabbatical leave commenced, including unused, accumulated sick leave, and will be assigned to the same teaching position held at the time said leave commenced, if such position exists, or if it does not exist, to a substantially equal position.  No sick leave will be earned during a sabbatical leave.

 

 

ARTICLE 20

 

FACILITIES

 

A.        Policy

 

Each school shall have the following facilities to the extent that such facilities can be provided without cost for new construction or major renovation of existing facilities or expenditure for new equipment:

 

1.         Space in each classroom in which professional employees may safely store instructional materials and supplies;

 

2.         A professional employee work area containing adequate equipment and supplies to aid in the preparation of instructional materials;

 

3.         An appropriately furnished room to be used as a faculty lounge, said room to be in addition to the aforementioned professional employee work area.

 

B.        Classroom Facilities

 

The Committee shall provide a serviceable desk, chair and file cabinet for the professional employee in each classroom.

 

C.        Rest Rooms

 

There shall be well-lighted, clean, and properly equipped professional employee restrooms as well as a restroom in the Nurse’s office in each school.

 

D.        Parking Facilities

 

In those schools where parking facilities exist and space is available, an adequate portion of such facilities shall be reserved for professional employee parking. The Committee will be responsible for policing and enforcing parking regulations.

 

E.         Office ‑ Guidance Counselors

 

Each guidance counselor shall be provided with an appropriately furnished private office as soon as practicable.

 

F.         Office ‑ Pupil Personnel

 

An appropriately furnished private office will be provided in each building for the exclusive use of specialists from Pupil Personnel Services as soon as practicable.  The Committee will make every effort to provide a private area for telephone use, in each school building for specialists’ use.

 

G.        Health and Safety

 

A Health and Safety Committee consisting of two (2) administrators and three (3) members of the Association shall meet quarterly to discuss matters of concern within the classrooms and/or buildings.  The protocol and forms for reporting classroom and/or building concerns are accessible on the New Bedford School Department’s Portal and the NBEA’s website.

 


ARTICLE 21

 

PROTECTION

 

A.        Reporting Assault

 

Professional employees will immediately report, in writing, all cases of assault suffered by them in connection with their employment to the Principal of the school who shall then forward the assault report to the Superintendent of Schools.

 

B.        Availability of Information

 

This report will be forwarded to the Committee, which will comply with any reasonable request from the professional employee for nonprivileged information in its possession relating to the incident or the person involved.

 

C.        Insurance Coverage

 

The Committee agrees to maintain existing levels of insurance covering any automobiles used by an employee in the course of their employment.

 

D.        Protection

 

Professional employees who suffer loss of, or damage to, personal property in the course of performing their duties may petition the Committee for reimbursement.

 

E.         Indemnification Insurance

 

All professional employees will continue to be covered by the provisions of M.G.L. c.258 as it is now in force or hereinafter amended.

 

 

ARTICLE 22

 

ACCIDENT BENEFITS

 

Whenever a professional employee is absent from school as a result of personal injury compensable under the Massachusetts Workers' Compensation Laws, caused by an accident arising out of, and in the course of his/her employment, he/she may elect to charge all or part of such absence during the period of temporary disability due to the accident to sick leave, in which event he/she shall receive the sick leave pay to which he/she is entitled for the period so charged, less the amount of any Workers' Compensation award made for temporary disability due to said injury for any period for which sick leave pay is paid.  In the absence of such election, such professional employee shall not receive his/her sick leave payments during the period of his/her absence for temporary disability due to the accident, and his/her sick leave credit shall not be reduced by any reason of any Workers' Compensation payments he/she may receive for temporary disability due to injury.  An employee may elect to draw upon such wages as have been earned by said employee prior to his/her injury and withheld for payment as so called "summer monies", during that period of time between the occurrence of the injury and the determination by the City Solicitor as to coverage by Workers' Compensation.  An employee who makes such an election must take his/her remaining "summer monies" as a lump sum payment.

 

 

ARTICLE 23

 

NON‑CERTIFIED PROFESSIONAL EMPLOYEES

 

A.        Professional Employees with Degrees, Not Certified

 

Professional employees who have received college degrees but are not certified, but who are appointed by the Committee to regular teaching assignments (hereinafter referred to as "Non‑Certified Professional Employees Under Waiver") shall be paid at the first step on the regular salary schedule for a Bachelor's Degree.

 

B.        Benefits and Protections

 

Non‑Certified professional employees under waiver shall receive all of the benefits and protections provided for regular professional employees in this Agreement.

 

C.        Salary Upon Obtaining Certification

 

Upon proof that certification requirements have been completed and sent to DOE for approval, non-certified professional employees under waiver shall be advanced to the step on the regular professional employees’ salary schedule that they would have attained had they been certified when they commenced teaching in the school system.

 

In the event certification is not attained, the professional employee will return any excess salary received.

 

D.        Exemptions

 

Any employee exempted from certification requirements by state or federal statutes and/or regulations made pursuant to such statutes shall be compensated and advanced on the salary schedule at the same rate as certified professional employees if said statutes or regulations so provide.

 


ARTICLE 24

 

SUMMER SCHOOL AND EVENING SCHOOL

 

A.        Openings

 

Openings for summer school and evening school professional positions shall be posted in each school and on the bulletin board at the Administration Office at County Street as soon as possible.

 

B.        Appointments

 

Teaching positions in the summer school and evening school will, to the extent possible, be filled first by regularly appointed professional employees in the New Bedford School System.

 

It is understood that the rates listed herein for “Certified Professional Employees” shall be paid if the professional staff member is currently certified by DOE.  Professional staff members hired without a DOE certification or on a “waiver by DOE” will not receive the “certified” rate.

 

C.        Compensation

 

SUMMER SCHOOL                                    7/1/08                          7/1/10

Certified Professional Employees                   $34.00/hr                     $35.00/hr

                                                                       

EVENING HIGH SCHOOL                        7/1/08                          7/1/10

Extension Program                                          $34.00/hr                     $35.00/hr

 

                                                                        7/1/08                          7/1/10

Self‑Improvement Classes                              $34.00/hr                     $35.00/hr

Certified Professional Employees                   $34.00/hr                     $35.00/hr

 

ELEMENTARY EVENING SCHOOL     7/1/08                          7/1/10

Certified Professional Employees                   $34.00/hr                     $35.00/hr

 

            Teachers will receive payment for the one-half hour per week for preparation time completed within the school building.

 

D.        Reappointment

 

Reappointment shall not be arbitrarily denied.

 

 


ARTICLE 25

 

USE OF SCHOOL FACILITIES

 

A.        School Facilities

 

In accordance with the Committee's usual policies on building use, the Association shall have the right to use school buildings without cost, except for custodian's fees, at reasonable times outside of school hours for meetings.

 

The Association may schedule up to five (5) after-school meetings per year without custodian costs, regarding school-related business, for school personnel.

 

B.        Association Notices

 

The Association, as the exclusive bargaining agent, shall have the right to place notices, circulars, and other material on faculty bulletin boards in the schools and in the mailboxes of professional employees.  It is expressly understood that no member of the Administration will assume responsibility for the posting or distribution of material for the Association.

 

 

ARTICLE 26

 

GRIEVANCE PROCEDURE

 

A.        Definition

 

A grievance is a claim based upon an event or condition, which affects the welfare and condition of employment of any employee or group of employees and the interpretation, meaning or application of any term of this Agreement.

 

 B.       Time Limits

 

1.         All time limits herein shall consist of calendar days exclusive of legal holidays.  The time limits indicated hereunder shall be considered maximum limits unless extended by mutual agreement in writing.  In the event a grievance is reported which cannot be resolved to the satisfaction of the Association using the time limits set out herein, prior to the termination of this Contract, and no succeeding contract has as yet been signed by the parties hereto, then the Association may submit the grievance directly to arbitration.

 

2.         Failure at any step of this procedure to communicate the decision of a grievance within the specified time limits to the aggrieved employee and to the President of the Association 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 limits shall be deemed to be acceptance of the decision rendered at that step.

 

4.         When a grievance arises, the grievance must be filed within thirty (30) days from the day of the event upon which the grievance is based or from the date when the professional employee had or should have had knowledge that he/she is aggrieved.

 

 C.       Adjustment of Grievances

 

Level One

 

A professional employee with a grievance shall, with or without a representative of the Association, present it to his/her Principal and/or immediate supervisor within the time limit specified in Paragraph B.4.  Should the grievance involve a decision of the Superintendent of Schools, or the School Committee, it may be commenced at Level Two of this procedure.

 

Level Two

 

In the event that the grievance shall not have been disposed of at Level One to the satisfaction of the aggrieved employee(s), or in the event that no decision has been reached within seven (7) 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 fourteen (14) days after the issuance of the unsatisfactory disposition or the expiration of the seven (7) day time limit provided herein, whichever comes first.  Within fourteen (14) days after the receipt of the written grievance by the Superintendent, he/she or his/her designee shall meet with the aggrieved employee(s) and representatives of the Association in an effort to settle the grievance.

 

Level Three

 

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 twenty‑one (21) days after the Level Two meeting, the grievance shall be referred, in writing, to the School Committee within twenty‑one (21) days after the issuance of the unsatisfactory disposition or the expiration of the twenty‑one (21) day time limit provided herein, whichever comes first.

 

Within twenty‑one (21) days after receipt of the written grievance, the School Committee or its designee will meet with representatives of the Association in an effort to settle the grievance. In the event that such a hearing is held by designees, the decision shall be in writing and approved by the School Committee prior to its issuance.  The grievant shall be granted a hearing by the full School Committee at his/her request on any disciplinary matter.

 


Level Four

 

In the event that the grievance shall not have been satisfactorily disposed of at Level Three, or in the event that no decision has been rendered within twenty‑one (21) days after the Level Three meeting, the Association may refer the grievance, in writing, to the American Arbitration Association for arbitration under their rules, within twenty‑one  (21) days after the written issuance of the unsatisfactory disposition, or the expiration of the twenty‑one (21) day time limit provided herein, whichever comes first.  The results of such arbitration shall be final and binding on both sides.

 

D.        General Provisions

 

1.         The Association shall have the right to use, in its presentation at any level of this grievance procedure, any representatives of its own choosing.

 

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

 

3.         The School Committee acknowledges the right of the Association to participate in the processing of a grievance at any level.

 

4.         Provided the parties agree, Level One and/or Level Two of the Grievance Procedure may be by‑passed and the grievance brought directly to Level Three.

 

5.         No reprisals of any kind will be taken by the School Committee or the school  administration against any professional employee because of his/her participation in this Grievance Procedure.

 

6.         The School Committee and the administration will cooperate with the Association in its investigation of any grievance, and further, will furnish the Association with such information as is requested for the processing of any grievances.

 

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

 

8.         If a grievance affects a substantial portion of the membership of a group or class of professional employees, the Association may submit such a grievance, in writing, to the School Committee directly, and the processing of such a grievance will be commenced at Level Three.

 

9.         All decisions rendered at Levels One, Two and Three of the Grievance Procedure, will be in writing, setting forth the decision and the reasons therefor, and will be transmitted promptly to the grievant and/or the Association.

 

10.       The powers of the Arbitrator are limited as follows:

 

a.         He/she shall have no power to add to or subtract from or modify any of the terms of the Agreement.

 

                        b.         He/she shall have no power to set standards or policy or to decide any questions which, under this Agreement, are within the responsibility of the Committee to decide.

 

c.         He/she shall confine his/her decision to the subjects submitted for arbitration.

 

d.         Where arbitration is elected by the employee(s) as the method for resolving disputes involving suspension, dismissal, removal or termination, or any other disciplinary matter, it shall be the exclusive procedure for resolving any such dispute.  However, once an action has begun under these arbitration procedures, the professional employee waives all rights to resolve the dispute under the statutory procedures set forth in Chapter 71.  Such a waiver of the professional employee's rights under Chapter 71 must be in writing and is a condition of precedent to filing for arbitration under this Article.  Also, a professional employee may not file a grievance under this Article once he/she has initiated judicial review of a School Committee action made pursuant to Chapter 71.

 

              11.      Nothing contained in this Article shall be construed as limiting the right of any aggrieved employee(s) from discussing his/her grievance informally under the Grievance Procedure, and from having his/her grievance adjusted, without the intervention of the Association, provided any such adjustment is not inconsistent with the terms of this Agreement, and provided that the Association has been given the opportunity to be present at such adjustment to state its views.  The Association may appeal any adjustments inconsistent with the terms of this Agreement made pursuant to this paragraph directly to binding arbitration pursuant to Level Four of the Grievance Procedure contained herein.  Further, no dispute may be submitted to binding arbitration without consent of the Association.

 

ARTICLE 27

 

DUES DEDUCTION

 

A.        Association Dues

 

The Committee agrees to deduct from professional employees' salaries dues to the New Bedford Educators Association, Inc., the Massachusetts Teacher's Association, and the National Education Association and to transmit the amount so authorized to the Treasurer of the New Bedford Educators Association, Inc.

 

B.        Authorization

 

Each professional employee who desires to authorize such deduction shall file with the Financial Secretary of the New Bedford Educators Association, Inc., a signed and dated "New Bedford Educators Association Payroll Deduction Authorization Form" authorizing the Treasurer of the City of New Bedford to deduct from his/her weekly earnings and to remit to the Treasurer of the New Bedford Educators Association, Inc., an amount of money equal to the dues required for membership in the organizations so specified, a waiver of all right and claim against the Committee and the City of New Bedford 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 professional employee notifies the Financial Secretary of the New Bedford Educators Association, Inc., in writing, of his/her desire to discontinue or to change such authorization, such notice to be given at least sixty (60) days in advance of the effective date of such discontinuance or change.

 

C.        Payment

 

Deductions shall be made weekly beginning with the second payday in October of each year.

 

The Association agrees to save the City harmless from any action growing out of these deductions and commenced by any employee against the City and assumes full responsibility for the disposition of funds so deducted once they have been turned over to the authorized responsible Association official.

 

D.        Employee Absences

 

If a professional employee who is absent on account of sickness, leave of absence, or for any other reasons has no earnings due him/her for a pay period, no deductions will be made from that professional employee for that period.  These deductions will be made up at the completion of the regularly scheduled dues deduction period, upon notification by the Union.

 

E.         Other Deductions

 

Deductions will be allowed at the request of the professional employee for the following:  New Bedford Credit Union, Massachusetts Teachers Association Credit Union, Life Insurance, United States Savings Bonds, Dental Insurance, and annuity programs, as soon as practicable.

 

F.         Agency Fee

 

1.         The Committee agrees to require (during the term of this agreement) that all professional employees covered by this agreement except those professional employees certified to the Committee by the Association as being members of the Association as of the 45th day of their employment or the 30th day after the effective date of this agreement, whichever is later, shall pay to the New Bedford Educators Association a service fee set by the Association which fee shall not exceed the amount of dues paid to the Association by a regular active member.

 

2.         In the event a professional employee fails or refuses to make payment of the service fee and has not challenged the fee under the regulations issued by the Labor Relations Commission, he/she shall be subject to a suspension of five (5) days at a loss of pay of 5/185 of the individual's annual salary.

 

G.        Employee Deductions

 

The Committee will deduct from the paychecks of employees who so indicate in writing, an amount to be forwarded to the Association for participation in insurance programs offered and administered by the Association.

 

ARTICLE 28

 

CONSULTATION

 

A.        Consultation with School Committee

 

The School Committee agrees that if requested by the Association it shall meet in special session for the purpose of discussion on matters as determined by the Association, no more than four (4) times a school year.  The Association agrees that it will provide the School Committee with a list of the topics, which it wishes to discuss with the Committee.  Any contemplated changes of policies or regulations will be provided to the Association ten (10) days prior to submission to the School Committee.

 

B.        Advisory Committees

 

1.         Advisory Committees will be formed in each school building each September.  The names of those elected will be submitted to the NBEA and the Principals by the Faculty Representatives.  The purpose of these Committees is to improve lines of communication and to promote a free exchange of ideas to facilitate the educational process in the school buildings.  These committees shall address issues of common concern in the building, including but not limited to discipline, scheduling, money collection, health and safety, and professional employees doing administrative duties. 

 

2.         As part of the responsibilities of the Advisory Committee, at the beginning of each school year, each Advisory Committee will recommend the agenda and/or content of at least two (2) of the Professional Development days referred to in Article 12, B.1. to the Management Association Committee on Employee Relations.  This recommendation will include input from the Principal and faculty within each building.

 

3.         Each Advisory Committee shall submit a quarterly report of all meetings and recommendations to the staff in the building and to the Chairpersons of the Management/Association Committee on Employee Relations.  These reports will be from the whole Committee.  The reports of the Advisory Committee shall be signed by all members, prior to release.  Said Committees may file additional reports as they deem necessary.  Each Advisory Committee will be comprised of three (3) to five (5) professional employees elected by the staff in each building.  In addition, the Principal shall be a member of the Advisory Committee. 

 

C.        Management/Association Committee on Employee Relations

 

There shall be established a committee at the system wide level to be known as the Management/Association Committee on Employee Relations.  Such Committee shall be composed of six (6) members:  three (3) representing the School Department and three (3) representing the Association.  The Superintendent shall be the chairperson for the school administration and the Association President shall be the chairperson for the Association.  The Superintendent shall name the other two administrators to the Committee and the Association President shall name the other two unit members of the Committee.  The Superintendent may appoint an administrator(s) from Unit B to serve on the Committee.  If no member of Unit B is appointed, the members of Unit B may appoint a member to attend all meetings of said Committee.

 

The purpose of said Committee shall be to receive any recommendations made by the Advisory Committees and to discuss matters of mutual concern to the employees and the  employer.  There shall be at least one meeting per quarter during the school year with the chairperson alternating between the School Department and the Association.  Provided, however, whenever the parties mutually agree that there is no need for a meeting during a quarter, there shall not be a meeting.  A report will be distributed to all professional employees in all buildings.

 

Both parties may submit items for the agenda to the Chairperson at least two (2) weeks in advance of any scheduled Committee meetings.  The agenda shall be distributed one (1) week in advance of any scheduled Committee meetings.

 

It is understood that said Committee shall have no power to negotiate, alter or amend the terms of this Agreement.  The actions of said Committee shall not establish any binding past practice upon the School Committee or the Association.

 

 


ARTICLE 29

 

GENERAL

 

A.        Association Rights

 

The Committee shall not discriminate in any way against any professional employee by reason of his/her membership in or participation in the activities of the Association or his/her exercise of rights granted under the Agreement.

 

B.        Discipline of Students

 

1.         A professional employee who, for just cause, recommends removal of a student from class, shall receive a written response from the principal of the disposition of the recommendation within ten (10) school days.  If the professional employee does not agree to the disposition of the recommendation by the Principal, he/she has the right to appear with a representative before the Superintendent, who shall not arbitrarily deny the request.  If a professional employee disagrees with the Superintendent's decision, a grievance may be filed at Level Three.

 

2.         Any problem with disciplinary procedures in a school may be brought to the Superintendent.  Before the matter is submitted to the Superintendent, the professional employee(s) shall document, in writing, the effort he/she has made to correct the situation and whether a request to meet with the Principal has been made, and if so, the results of said meeting.

 

If the matter is not resolved with the Superintendent, it may be submitted to the School Committee in accordance with Article 26.

 

3.         A Committee for Discipline shall be established with five (5) members appointed by the Employer, including three (3) administrative employees from Central Administration and two (2) building Principals and five (5) members of the NBEA to be appointed by the NBEA President.

 

The Committee shall be charged with reviewing the current system wide discipline policies and procedures, including the provisions for the implementation of said policies and procedures and shall establish new policies and procedures and provisions for implementation of such as the need for shall be determined by said Committee.

 

The Committee shall meet at least four (4) times during each school year and shall report to the School Committee at least once annually or more frequently if needed.

 


C.        Committee Agenda/Minutes

 

The Committee will provide the Association with an advance copy of the agenda for each official Committee meeting and a copy of any supplementary agenda.  Minutes of the School Committee Meeting will be provided to the Association.

 

D.        Committee Rights

 

Nothing in this Agreement shall be deemed to derogate from or impair any power, right or duty heretofore possessed or retained by the School Committee except where such right, power or duty is modified, amended or limited by this Agreement.

 

E.         Separability Clause

 

If any provisions of this Contract or any application of the Contract to any professional employee or group of professional employees shall be found contrary to law, then such provisions or application shall not be deemed valid or subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.  Nothing in this section shall act so as to diminish the supremacy of this Collective Bargaining Agreement as established in Section 7 of Chapter 150E of the General Laws of the Commonwealth of Massachusetts.

 

F.         Association Business

 

1.         The President of the New Bedford Educators Association, Inc., and his/her  nominee(s) shall have release time for Association business.  Time for such Association activities shall be granted without loss of pay for an aggregate of not more than twelve (12) school days per individual.  The maximum aggregate for the Association shall be thirty (30) school days.  Professional employees shall also be allotted time to attend educational conferences, if approved by the Superintendent.

 

2.         Further, Association officers, executive board members, building representatives or other Association members needed for Association business, shall be given such reasonable additional time as is necessary to perform such business, provided that the Association shall reimburse the Committee for the cost of any substitutes required by absences in excess of the individual or total aggregates as hereinbefore provided.  Such days shall be prearranged with the Superintendent or his/her designee, whenever possible.

 

G.        Modification

 

The parties hereby agree that this Contract may be amended or modified by mutual  agreement.  Any agreement so reached shall be reduced to writing and made a part of this contract.

 

H.        Visitors

 

No professional employee shall be required to admit any visitor or parent unless 24 hour notice has been provided, except in an emergency situation.  Any meeting or conference with a parent shall be held in a private area separate from the Teacher’s classroom.

 

Administrators or personnel employed by the New Bedford School System shall provide notice as far in advance as practicable to the professional employee.

 

I.          Reports and Surveys

 

The Committee agrees to supply the Association with one (1) copy of all reports and surveys, open to the public, conducted by or for the New Bedford Public Schools.

 

J.          Non‑Discrimination

 

All decisions relative to professional employees shall be made without regard to age, creed, color, religion, nationality, marital status, sex or ancestry, unless such considerations are based on a bona fide occupational qualification.

 

K.        Massachusetts Department of Education Directives or Notices

 

The Superintendent shall send copies to the Association of directives or notices from the Massachusetts Department of Education which change, vary or alter the existing contract or policies affecting working conditions of professional employees.

 

L.         Printing of the Contract

 

The Committee and the Association agree to share the costs of printing this Collective Bargaining Agreement.

 

M.        Uniform Allowance – Nurses

 

Each Nurse shall receive a uniform allowance of three hundred seventy-five dollars ($375.00) per school year.  One half (1/2) of each allowance shall be paid on October 1st and the other half on February lst of each school year provided that the Nurse is employed in the New Bedford Public Schools on that date.  Nurses will be required to wear uniforms to be eligible for this allowance.  Nurses at the Secondary Schools will wear all white uniforms and at the Elementary Level, Nurses will wear white uniform tops and blue skirts or slacks.  All Nurses shall be allowed to wear regulation nursing/laboratory coats in lieu of the aforesaid uniform requirements.  Nursing/laboratory coats must be uniform throughout the school system.

 


N.        Names of Unit Members

 

The Committee agrees to provide the names of all Unit A professional staff members and their assignments for each year of the Agreement to the New Bedford Educators Association “not later than September 30th of each school year and if possible, by September 15 of each school year.

 

O.        Statement – Professional Attire

 

The Superintendent and the President of the NBEA, on an annual basis, will make a joint written statement to be distributed to all staff concerning appropriate professional attire.

 

 

ARTICLE 30

 

STUDY COMMITTEE

 

A.        Policy

 

The School Committee and the Association desire to encourage the active participation and cooperation of the professional employees in the development and implementation of the best possible educational program for the school children of New Bedford.

 

B.        Establishment

 

To enhance this development, study committees will be established, by mutual agreement, when requested by either party to this contract.

 

C.        Composition of Committees

 

Each study committee will consist of six (6) people, three (3) of whom shall be appointed by the School Committee and three (3) by the New Bedford Educators Association, Inc.

 

D.        Conduct of Committees

 

Each committee shall be responsible for electing its own chairperson and calling its own meetings.  Each Committee shall make at least one concise interim report every thirty (30) days.

 

E.         Appointment by Parties

 

Nothing in this Article shall require either the School Committee or the Association to appoint any members or establish any study committees for the purposes intended by this Article.

 

F.         Reports

 

Any final report from the study committees will be sent to the President of the Association and the Superintendent or his/her designee.

 

 

ARTICLE 31

 

ORIENTATION OF NEW STAFF

 

A.        Address New Staff

 

On the day prior to the opening day of school, the President of the Association and/or his/her designee will be provided time to address the annual assembly of the new staff.

 

B.        Association Participation

 

If a formal program is provided by the school system for the orientation of new staff, adequate participation of Association representatives will be allowed.

 

C.        Names of Staff Members

 

The names of all staff members and their building assignments will be provided to the Association prior to September 15, each year.

 

 

ARTICLE 32

 

PROFESSIONAL DEVELOPMENT

 

A.        Professional Development

 

There will be three (3) professional development days built into the regular work year as follows:

 

Year One:

 

            For the school year 2008-2009, the days for Elementary School shall be August 26, 2008, November 3, 2008, and January 20, 2009.

           

For the school year 2008-2009, the days for Middle Schools shall be August 26, 2008, November 3, 2008 and April 7, 2009.

 

            For the school year 2008-2009, the days for High School shall be August 26, 2008, January 23, 2009 and March 24, 2009.

 

Year Two:

 

            For the school year 2009-2010, the days for Elementary Schools shall be September 1, 2009, November 2, 2009 and January 19, 2010.

 

            For the school year 2009-2010, the days for Middle Schools shall be September 1, 2009, November 2, 2009 and April 8 or 9, 2010 (NELMS).

 

            For the school year 2009-2010, the days for the High School shall be September 1, 2009, January 22, 2010 and March 23, 2010.

 

Year Three:

 

            For the school year 2010-2011, the days for Elementary Schools shall be August 31, 2010, November 1, 2010 and January 18, 2011.

 

            For the school year 2010-2011, the days for Middle Schools shall be August 31, 2010, November 1, 2010 and April 7 or 8, 2011 (NELMS).

 

            For the school year 2010-2011, the days for the High School shall be August 31, 2010, January 21, 2011 and March 22, 2011.

 

B.        Course Reimbursement

 

1.         The Committee shall reimburse a professional employee in an amount not to exceed six hundred dollars ($600.00) in any contract year (July 1 - June 30) for a course approved in advance by the Superintendent or Assistant Superintendent and which in the discretion of the Superintendent/Assistant Superintendent is directly related to the employee's area of teaching responsibility.  Computer courses are related to all areas of teaching responsibility.   Reimbursement shall be contingent upon the employee's obtaining a satisfactory grade in any such course according to the standards of the institution and submitting evidence of such satisfactory completion to the Superintendent.  In no event will a grade lower than "C" be reimbursable.  A "C" will not be reimbursed.  Courses for reimbursement must be college credits although not necessarily graduate level credit.  CEU's will not be reimbursable.  All evidence must be received no later than June 15 for payment by June 30.

.

2.         Notwithstanding the provisions of Section 1 above, the maximum amount to be expended by the Committee for such course reimbursement for each year of the contract (July 1-June 30) shall not exceed sixty thousand dollars ($60,000.00) in 2008-2009, $72,000 in 2009-2010; and $75,000 in 2010-2011.   Professional employees applying for course reimbursement will be chosen on a first come, first served basis.  The Superintendent shall maintain a list of those employees who have made application for and been granted such reimbursement.  The Superintendent will send an accounting of how much is in the fund on October 1st, February 1st and a final accounting on July 1st of each year.

 

3.         This course reimbursement applies to courses taken for vertical or horizontal movement or taken to attain or maintain certification.

 

C.        New Bedford Educators Association Courses

 

The New Bedford Educators Association, Inc. is authorized to establish courses of thirty hours for three (3) credits.  The courses will be submitted to the School Committee for their approval, which approval shall not be arbitrarily denied.  These credits will be applied to all vertical and horizontal progression on the salary schedule.  However, each professional employee in the New Bedford Public Schools may only participate in one (1) such course for credit per school year.  NBEA, Inc. sponsored courses for which college credit is given shall not be limited.

 

D.        Payment of License Fees

 

1.         The Committee shall reimburse the cost of the required licenses for the Speech and Language Pathologists, Occupational Therapists, Physical Therapists, Psychologists, Nurses, and Athletic Trainers.

 

2.         The School Committee agrees to reimburse the application fee and related professional development materials for any Nurse who successfully completes the National Certification Exam for School Nurses.  The procedures for applying for course reimbursement outlined in Article 32 sections B.3., shall apply.  A Nurse may not apply for course reimbursement in the same year.

 

3.         The School Committee agrees to reimburse Nurses for the cost of any special license required as a condition of employment and reimburse him/her for any continuing education units taken at not more than three hundred dollars ($300.00) for every two (2) years after providing proof of attendance.

 

            Payment will be made by the end of the fiscal year, (June 30), in which the course/continuing education units are earned provided that the proof of attendance is provided by June 15 to the Human Resources Office.

 


E.         Certifications

 

The Committee will provide, at no cost to any Nurse, and the Nurses shall participate in, annual CPR/AED certification.

 

 

ARTICLE 33

 

PARAPROFESSIONALS

 

A.        Schedule of Paraprofessionals

 

Professional employees shall be notified of the schedules of paraprofessionals assigned to their classrooms and will be advised, whenever possible, at least five (5) school days before a paraprofessional is reassigned from their classroom.

 

B.        Requests for Transfer of Paraprofessionals

 

1.         In the event a professional employee is assigned a paraprofessional whose performance of duties is disruptive to the classroom, the professional employee may submit to the Principal and/or Program Director a signed written statement containing specific reasons requesting that the paraprofessional be transferred from the classroom.

 

2.         The Principal and/or Program Director shall promptly investigate the matter and confer with the professional employee and the paraprofessional.  Within ten (10) school days of receipt of the request, the Principal and/or Program Director shall make a written determination on the request and submit a copy to the professional employee.

 

            3.         In the event the professional employee disagrees with the Principal's and/or Program Director's determination, a written appeal may be submitted by the professional employee within five (5) school days to the Superintendent of Schools setting forth the specific reasons for disagreeing with the Principal's and/or Program Director's determination.  The Superintendent of Schools shall make a written determination within ten (10) school days and submit a copy to the professional employee.

 

 


ARTICLE 34

 

COACHES

 

A.        Compensation

 

The Committee agrees that the salary schedule attached hereto as Schedule F and made a part hereof shall apply to all coaches covered by this Agreement.

 

B.        Appointments

 

Employment as a professional employee in the New Bedford Public Schools shall be a prerequisite for all coaching positions.  If no qualified professional employee is available, the coaching position may be filled by a person not employed as a professional employee.

 

C.        Evaluation

 

All coaches will be evaluated, in writing, at least once per year.  The evaluation form shall provide space for the signature of the coach, which will indicate that he/she has inspected the report and had ample opportunity to discuss it with his/her evaluator.  His/her signature does not necessarily indicate approval thereof.

 

D.        Notice of Budget

 

All coaches will be notified by the Athletic Director, in writing, as to their annual budget appropriations.

 

E.         Termination of Appointment

 

The School Committee agrees to give written notice, on or before April 15, to all coaches whose services will be terminated for the following school year for the winter and fall sports.  Notice for coaches for spring sports will be provided on or before June 15.

 

F.         Notice of Policies

 

The Committee agrees to provide each coach with a handbook or manual containing the current athletic policies as well as coaching duties.

 

G.        Intramural Coaches' Salaries

 

Effective July 1, 2006 the rate shall be $20.00 per hour.  This payment will be a stipend for each position and the amount of each stipend will be determined by the number of hours required to fulfill the duties of the position.

 

 

ARTICLE 35

 

NO STRIKE OR LOCKOUT CLAUSE

 

A.        No Strike

 

The Association agrees that it will not engage in, induce, or encourage any strike, work stoppage, slow down or withholding of services by professional employees.  The Committee reserves the right to discipline, suspend, demote or discharge any professional employee or employees who violate the provisions of this Article.

 

B.        Rights Under Chapter 150E

 

The School Committee agrees that they will not interfere with, restrain or coerce professional employees in the exercise of their rights guaranteed in Chapter 150E of the General Laws of Massachusetts.  They will refrain from dominating or interfering with the formation, existence or administration of the Association.  They will not discharge or otherwise discriminate against a professional employee because he/she has signed or filed an affidavit, petition, or complaint or has given any information or testimony relating to this Article.

 

C.        No Lockout

 

The Committee agrees not to conduct a lockout during the term of this Agreement.

 

 

ARTICLE 36

 

BENEFITS

 

A.        Pursuant to Chapter 32B, Section 19, the New Bedford Educators Association and the City have joined together under a binding agreement to form a Public Employee Committee.  Based upon the terms of this PEC agreement, the health coverage for all active bargaining unit members and retirees shall be addressed and this agreement shall supercede any conflicting provisions under this or any future contract.

 

B.        Life Insurance

 

The Committee shall provide to each professional employee group term life insurance of twenty thousand dollars ($20.000.00).  The cost of seventy-five percent (75%) of the premium shall be paid by the City.  Additional coverage may be purchased at the discretion and expense of the employee.

 


C.        Approved Leave of Absence Benefits

 

Any professional employee on an approved leave of absence may maintain, at his/her expense, his/her health insurance or life insurance benefits on a voluntary basis.

 

 

ARTICLE 37

 

INSTRUCTIONAL MEDIA ASSISTANTS/ATTENDANTS

 

Instructional Media Assistants/Attendants shall be covered by all Articles of this Agreement as written except as follows:

 

1.         Article 3 ‑ No Coverage

 

2.         Article 12, Section H ‑ Secondary Professional Employee Workloads:

 

a.         Instructional Media Assistants shall have six (6) daily assigned periods.

 

b.         Instructional Media Assistants shall have a thirty (30) minute duty free lunch period and shall be assigned one (1) preparation period or one planning/common planning time per day.

 

3.         Salary Schedule

2008 – 2009

 

            Step                   Associates                   Bachelors                       Masters

            1                        $30,980                       $36,285                           $37,776

            2                        $31,538                       $38,342                           $39,276

            3                        $32,721                       $41,615                           $42,630

            4                        $34,133

2009 – 2010

 

            Step                   Associates                   Bachelors                       Masters

            1                        $31,560                       $37,011                           $38,532

            2                        $32,169                       $39,109                           $40,062

            3                        $33,375                       $42,447                           $43,483

            4                        $34,816

2010 – 2011

 

            Step                   Associates                   Bachelors                       Masters

            1                        $32,191                       $37,751                           $39,303

            2                        $32,812                       $39,892                           $40,863

            3                        $34,043                       $43,296                           $44,353

            4.                       $35,512

ARTICLE 38

 

TITLE I PROFESSIONAL EMPLOYEES

 

A.        Credit on Salary Schedule

 

Title I professional employees who resigned from and/or were terminated from the New Bedford School System, and at a later date returned to the system, will be given credit on the salary schedule for all prior years back to 1978, which were worked in the New Bedford School System, and placed on the proper step of the salary schedule.

 

NOTE:  If a Title I professional employee served ninety‑one (91) days in any one (1) school year during the September 1975 through June 1978 period of time, an additional step on the salary schedule will be awarded.

 

B.        Transfers

 

1.         Professional employees who transfer into Title I will retain their present seniority and will be placed on the salary schedule commensurate with their number of years of service.

 

2.         If Title I professional employees transfer out of Title I, they shall retain their present seniority and will be placed on the salary step commensurate with their number of years of service.

 

C.        Academic Areas

 

For purposes of transfer and RIF, Title I Preschool, Title I Elementary, and Elementary Positions will be considered one (1) area.  Secondary Title I English and the English Department shall be considered one (1) area.  Secondary Title I Math and the Math Department shall be considered one (1) area.  Article 13 will govern transfers, RIF's, and reassignments.

 

ARTICLE 39

 

SENIORITY AND RECALL

 

A.        Definitions

 

1.         Whenever it is referred to in this Agreement, seniority is defined as a professional employee's length of service in years, months, and days from the initial date of employment as a professional employee in a position covered by the bargaining unit.  In the event a professional employee has resigned and been reemployed, his/her seniority shall be counted from the date of the most recent date of employment.  Professional employees shall be credited, for seniority purposes, with all time spent on authorized leaves of absence provided for in this Agreement.

 

2.         A long-term substitute who has worked for more than 90 consecutive school days in a position during a school year and is hired under contract for a full time position at the beginning of the school year shall be placed on the seniority list with a seniority date effective with the 91st day of his or her employment as a long-term substitute.

 

In accordance with past practice, any time spent under contract as a professional employee, prior to long term substitute service, shall not count towards seniority if the employee is hired under contract, subsequent to long term substitute service.

 

B.        Cases of Identical Seniority

 

1.         In cases involving professional employees who have identical seniority before January 6, 2000, the professional employee’s date of appointment by the School Committee will serve as the first tie breaker.  Effective January 6, 2000, the employee’s initial date of employment as a professional employee in Unit A will serve as the first tie breaker.  If there are still cases of professional employees who have identical seniority, the professional employees who have the higher level of education attainment, as recognized in Schedule A, shall be credited with the greatest seniority.  If there are still cases of professional employees who have identical seniority, a name lottery shall be held.  Order of seniority shall be the order drawn.  The lottery shall be conducted jointly by the Association and the School Committee.  Members of the bargaining unit may be present at any such lottery. 

 

2.         In the event a professional employee enters a salary column which represents the acquisition of additional academic credits after a lottery has established the seniority ranking of professional employees on that column causing an additional tie in seniority, the professional employee who enters the column after the lottery shall be ranked below the ranking of the professional employees whose seniority date has been previously established by a lottery. 

 

C.        Seniority List

 

A list specifying the seniority of each member of the bargaining unit shall be prepared by the Committee and forwarded to the President of the Association within 90 days following the execution of this Agreement.  An updated seniority list shall be supplied by the Committee annually thereafter by October 15.  No professional employee's seniority shall be altered between revisions in the seniority list except to correct an error.  Data not supplied to the School Department on or before September 15 shall not be credited to the employee's seniority.  New professional employees shall be added to the list upon entry into the bargaining unit.

 


D.        Seniority Carried from Unit B

 

Upon entering into this bargaining unit, Unit A personnel shall be fully credited with all  seniority accrued while serving in positions covered by Unit B in addition to any Unit A seniority which such professional employees may have previously earned.  Such professional employees may apply all seniority so earned and so credited in bidding on positions at the time of entry into Unit A.

 

E.         Recall

 

1.         Professional employees with PTS laid off due to reduction in force will be placed on the Recall List for two (2) complete years from the effective date of layoff, provided the employee executes the waiver letter attached as Appendix B. 

 

2.         Professional employees with PTS on the Recall List shall be deemed to be on an involuntary leave of absence from the New Bedford Public Schools for the duration of the recall period.  In recognition of the fact that a layoff is treated as an involuntary leave of absence in this Article, a professional employee who accepts such leave in lieu of dismissal shall waive, in writing, any present or future rights to a dismissal hearing which he/she may have pursuant to Chapter 71, Sections 42 and 42(a).  A professional employee may elect to have his/her layoff treated as a dismissal, in which case such employee shall be afforded any statutory rights which might apply. 

 

3.         Except as provided in paragraph 7 below, professional employees on the Recall List will be recalled to vacancies in the reverse order of layoff.  Layoffs will be governed by the provisions of Article 13, Sections D 5 and D 6.  Following the June 1st listing, before any new appointments are made, any vacancies that exist shall be offered to Teachers on the Recall List as follows: 

 

a.         Elementary Teachers and Title I Teachers shall be recalled only to either positions at the elementary level (K‑6) or the Title I area. 

 

b.         Secondary Teachers shall be recalled only to vacancies in the same department from which they were laid off. 

 

c.         Specialty Teachers; e.g., Bilingual, Special Education, Physical Education, Music, Art, etc., shall be recalled only to vacancies in the area and level from which they were laid off. 

 

NOTE:           Professional employees who are certified in discipline(s) other than the one from which they were RIF'd may, at the sole discretion of the Superintendent, be recalled in another discipline if there are no professional employees awaiting recall from that other discipline.  A decision of the Superintendent shall not be the subject of a grievance or arbitration. 

 

For example:  If an English vacancy occurs and there are no professional employees on the English Recall List, but there is a teacher on the Social Studies Recall List who is certified in English, the Superintendent may recall the laid off Social Studies teacher to the English vacancy. 

 

4.         When a vacancy occurs to which a professional employee is entitled to be recalled, as set forth above, the appropriate employee on the Recall List will be notified, by Certified Mail, at his/her last recorded address.  Failure to accept Certified Mail shall not be deemed reason for failing to meet the necessary response date.  Failure to respond to the Superintendent of Schools with a letter of acceptance of the offered position within ten (10) calendar days of the mailing date of the recall notice shall be considered a rejection of such offer, and the professional employee shall be dropped from the Recall List and terminated.  The recall notice will include the date when the employee is to commence work.  The employee who accepts recall must commence work on the date set forth in the recall notice unless prevented from doing so by illness, injury, or disability from which the professional employee is expected to return to work.  During the recall period, no professional employee shall be dropped from the Recall List unless that professional employee failed to accept a position which is in the bargaining unit and which provided equivalent hours of employment to the position held by said employee at the time of layoff.  It shall be the responsibility of the personnel on the Recall List to inform the Office of the Superintendent of Schools, in writing, of changes of address. 

 

5.         Professional employees on the Recall List shall be entitled to membership in any group health and/or life insurance coverage in existence at the time of the effective date of the layoff, provided, however, that pursuant to Chapter 32B, the professional employee pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and there shall be no contribution by the Committee or the City for such professional employee. 

 

6.         Upon return to employment from the Recall List, professional employees will have restored to their accounts the same number of sick days which they had accumulated at the time of the layoff.  Professional employees laid off during the school year, upon return, will be placed on the next step of the Salary Schedule if they had served for a minimum of ninety‑one (91) days during the year of layoff. 

 

7.         Notwithstanding the procedures established in paragraph 3 regarding the order of recall by seniority, the New Bedford School Committee reserves the right to recall professional minority employees under its equal opportunity policy whenever, in the judgment of the Committee, a recall of a minority professional employee would be in the best interest of the New Bedford Public Schools. 


 

ARTICLE 40

 

SICK LEAVE BANK

 

A.        Establishment

 

A Sick Leave Bank shall be established for the purpose of making additional sick leave days available to professional employees who have exhausted their entire sick leave accumulation through prolonged illness, and who have a serious illness or injury.  Participation in the Sick Leave Bank shall be voluntary.  Any employee who voluntarily participates in the Sick Leave Bank shall be eligible to use the Bank after using sick leave under Article 16, Section E, Extended Illness.  Payment under the Sick Leave Bank shall be at the same rate of pay as payment under Article 16, Section E; however, the Bank will be charged one (1) full day.

 

B.        Funding

 

The Sick Leave Bank will be initially funded by deducting one (1) sick day from the accumulated sick leave days of each professional employee who has agreed to participate in the Bank, and contributing such day(s) to the Bank.  When the Bank is depleted to twenty (20) sick leave days, an additional assessment of one (1) day of sick leave shall be made against the sick leave account of each professional employee who has agreed to continue to participate in the Bank.

 

C.        Granting of Days

 

The initial grant of sick leave days from the Bank shall not exceed forty (40) days, after which the professional employee may reapply for no more than an additional twenty (20) days.  Requests for Sick Leave Bank days shall be submitted, in writing on the form set forth in Appendix D, to the Sick Leave Bank Committee, and shall include a written statement from the professional employee's physician indicating the nature and the extent of the illness or injury and the estimated time that the professional employee will be absent from work.

 

Subject to the foregoing requirements, a majority of the Sick Leave Bank Committee will determine the eligibility for the use of the Bank and the amount of leave to be granted.

 

In administering the Bank and determining the amount of leave, the following general criteria shall be applied by the Committee:

 

a.         medical evidence of serious extended illness;

b.         prior utilization of eligible sick leave;

c.         other factors as a majority of the Sick Leave Bank Committee may deem appropriate.

 

No days may be withdrawn from the Bank for any illness other than prolonged illness or accident.  Days may not be withdrawn to permit an individual to stay at home or care for other members of the family.  The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be final and binding with any appeal limited to an appeal to the Sick Leave Bank Committee itself.

 

D.        Membership

 

Professional employees wishing to join the Bank must apply for membership on a form approved by the Sick Leave Bank Committee, which will be available from building principals, the business office, and the personnel office.  Notice will be provided by October 15 to professional employees as to their membership statute in the Bank.  Professional employees wishing to join the Bank must submit an application for membership by November 1. 

 

E.         Administration

 

The Sick Leave Bank shall be administered by a Sick Leave Bank Committee comprised of five (5) persons; three (3) appointed by the Association, and two (2) by the Committee.  The decisions of the Sick Leave Bank Committee shall be final and shall not be subject to the grievance procedure.

 

F.         Workers' Compensation

 

Professional employees who are drawing on Workers' Compensation will not be eligible to draw from the Sick Leave Bank.

 

G.        By December 1, the Association will receive an annual list of all sick leave bank participants.


 

 

ARTICLE 41

 

DURATION

 

This Contract shall take effect as of the first day of July, 2008, and shall expire on the thirtieth day of June, 2011.  Both parties agree to begin negotiations for a successor Contract commencing no later than May 1, 2010.

 

 

For the Committee                                                    For the Association

 

 

                                                                                                                                                           

 

                                                                                                                                                           

 

                                                                                                                                                           

 

                                                                                                                                                           

 

                                                                                                                                                           

 

                                                                                                                                                           

 

                                                                                                                                                           

 

                                                                                                                                                           

 

 

 

Date:                                                                           Date:                                                              

 

 

 

 


APPENDIX A

SCHEDULE A

TEACHERS SCHEDULE

 

Salary Schedules

 

2008 - 2009

 

Year 1

BA

BA+15

B30/MA

MA+15

MA+30

CAGS/DOC

 

 

 

 

 

 

 

Step 1

$37,966

$38,690

$40,379

$40,982

$41,585

$42,188

Step 2

$40,207

$40,931

$42,619

$43,222

$43,827

$44,430

Step 3

$42,246

$42,969

$44,659

$45,262

$45,865

$46,468

Step 4

$44,962

$45,686

$47,374

$47,977

$48,581

$49,184

Step 5

$47,679

$48,403

$50,091

$50,694

$51,297

$51,900

Step 6

$50,395

$51,119

$52,808

$53,411

$54,014

$54,617

Step 7

$53,554

$54,277

$55,966

$56,570

$57,173

$57,776

Step 8

$56,713

$57,437

$59,124

$59,727

$60,330

$60,934

Step 9

$58,941

$59,664

$61,352

$61,955

$62,557

$63,162

Step 10

$63,112

$63,856

$65,595

$66,218

$66,838

$67,460

Step 11

$65,796

$66,573

$68,387

$69,035

$69,682

$70,330

Step 12

$67,184

$67,972

$69,813

$70,470

$71,127

$71,785

 

 

 

 

 

 

 

 

 

 

2009 – 2010

 

Year 2

BA

BA+15

B30/MA

MA+15

MA+30

CAGS/DOC

 

 

 

 

 

 

 

Step 1

$38,725

$39,464

$41,186

$41,801

$42,416

$43,031

Step 2

$41,011

$41,750

$43,471

$44,086

$44,703

$45,318

Step 3

$43,091

$43,829

$45,552

$46,167

$46,782

$47,397

Step 4

$45,861

$46,600

$48,322

$48,937

$49,553

$50,168

Step 5

$48,633

$49,371

$51,093

$51,708

$52,323

$52,938

Step 6

$51,403

$52,142

$53,864

$54,479

$55,094

$55,709

Step 7

$54,625

$55,363

$57,085

$57,702

$58,317

$58,932

Step 8

$57,847

$58,585

$60,307

$60,922

$61,537

$62,153

Step 9

$60,119

$60,857

$62,579

$63,195

$63,809

$64,426

Step 10

$64,374

$65,133

$66,907

$67,542

$68,175

$68,809

Step 11

$67,112

$67,905

$69,755

$70,415

$71,076

$71,737

Step 12

$68,527

$69,331

$71,209

$71,879

$72,549

$73,221

 

 

 

 

 

 

 

 

 


 

2010 - 2011

 

Year 3

BA

BA+15

B30/MA

MA+15

MA+30

CAGS/DOC

 

 

 

 

 

 

 

Step 1

$39,500

$40,253

$42,010

$42,637

$43,265

$43,892

Step 2

$41,831

$42,585

$44,341

$44,968

$45,598

$46,225

Step 3

$43,953

$44,705

$46,463

$47,091

$47,718

$48,345

Step 4

$46,779

$47,532

$49,288

$49,915

$50,544

$51,171

Step 5

$49,605

$50,359

$52,115

$52,742

$53,369

$53,997

Step 6

$52,431

$53,184

$54,941

$55,569

$56,196

$56,823

Step 7

$55,718

$56,470

$58,227

$58,856

$59,483

$60,110

Step 8

$59,004

$59,757

$61,513

$62,140

$62,768

$63,396

Step 9

$61,322

$62,074

$63,831

$64,458

$65,085

$65,714

Step 10

$65,662

$66,436

$68,246

$68,893

$69,538

$70,185

Step 11

$68,455

$69,263

$71,150

$71,824

$72,497

$73,172

Step 12

$69,898

$70,718

$72,633

$73,317

$74,000

$74,685

 

 

 

 

 

 

 

 

                       

 


1.         Payment for vertical progression or column placement for Bachelor Plus Fifteen (15) Credits, Masters, Masters Plus Thirty (30) Credits, CAGS, or Doctorate shall be made effective September 1 for the school year, if the professional employee submits his or her evidence for pay adjustment for vertical progression or column placement to the Personnel Office no later than October 1 of the school year.  Evidence submitted subsequent to October 1 but no later than March 1 of the school year shall be made effective February 1 of the school year.  Evidence for pay adjustment submitted after March 1 shall be made effective for September 1 of the following school year. 

           

2.         Nurse Placement on Appendix A, Schedule A

 

Non-degree Nurses (R.N.) shall remain on Step 3 of the Bachelor’s Column.  Increases will be according to the increases to Appendix A, as stated herein.

           


APPENDIX A

SCHEDULE B

 

LONGEVITY

 

Section 1.       

           

Effective 2008 – 2009

 

Five hundred fifty dollars ($550.00) additional shall be paid to each professional employee having completed ten (10) full school years on contract in the New Bedford Public Schools.

                                   

Six hundred fifty dollars ($650.00) additional shall be paid to each professional employee having completed fifteen (15) full school years on contract in the New Bedford Public Schools.

 

Seven hundred fifty dollars ($750.00) additional shall be paid to each professional employee having completed twenty (20) full school years on contract in the New Bedford Public Schools.

 

Eight hundred and fifty dollars ($850.00) additional shall be paid to each professional employee having completed twenty-five (25) full school years on contract in the New Bedford Public Schools.

 

Eleven hundred and fifty dollars ($1,150.00) additional shall be paid to each professional employee having completed thirty (30) full school years on contract in the New Bedford Public Schools.

 

Fifteen hundred dollars ($1,500.00) additional shall be paid to each professional employee having completed thirty-five (35) full school years on contract in the New Bedford Public Schools.

 

For purposes of longevity, one hundred fifty (150) days shall be considered a full year.  The longevity stipend will be paid in one lump sum on the second payday in December.

 

Effective 2009 – 2010

 

Five hundred seventy-five dollars ($575.00) additional shall be paid to each professional employee having completed ten (10) full school years on contract in the New Bedford Public Schools.

                                   

Six hundred seventy-five dollars ($675.00) additional shall be paid to each professional employee having completed fifteen (15) full school years on contract in the New Bedford Public Schools.

 

Eight hundred dollars ($800.00) additional shall be paid to each professional employee having completed twenty (20) full school years on contract in the New Bedford Public Schools.

 

Nine hundred dollars ($900.00) additional shall be paid to each professional employee having completed twenty-five (25) full school years on contract in the New Bedford Public Schools.

 

Twelve hundred twenty-five dollars ($1,225.00) additional shall be paid to each professional employee having completed thirty (30) full school years on contract in the New Bedford Public Schools.

 

Sixteen hundred dollars ($1,600) additional shall be paid to each professional employee having completed thirty-five (35) full school years on contract in the New Bedford Public Schools.

 

For purposes of longevity, one hundred fifty (150) days shall be considered a full year.  The longevity stipend will be paid in one lump sum on the second payday in December.

 

Effective 2010 2011

 

Six hundred dollars ($600.00) additional shall be paid to each professional employee having completed ten (10) full school years on contract in the New Bedford Public Schools.

 

Seven hundred dollars ($700.00) additional shall be paid to each professional employee having completed fifteen (15) full school years on contract in the New Bedford Public Schools.

 

Eight hundred fifty dollars ($850.00) additional shall be paid to each professional employee having completed twenty (20) full school years on contract in the New Bedford Public Schools.

 

Nine hundred fifty dollars ($950.00) additional shall be paid to each professional employee having completed twenty-five (25) full school years on contract in the New Bedford Public Schools.

 

One thousand three hundred dollars ($1,300.00) additional shall be paid to each professional employee having completed thirty (30) full school years on contract in the New Bedford Public Schools.

 

One thousand seven hundred dollars ($1,700.00) additional shall be paid to each professional employee having completed thirty-five (35) full school years on contract in the New Bedford Public Schools.

 

For purposes of longevity, one hundred fifty (150) days shall be considered a full year.  The longevity stipend will be paid in one lump sum on the second payday in December.

 

 

Section 2.        Longevity Buy-Out

 

Any bargaining unit member who is currently receiving Longevity Buy-out payments as stated herein, will continue to receive these payments until they receive their full three year, nine thousand, dollars ($9,000) increment with payments of three thousand dollars ($3,000) per year.

 

 


APPENDIX A

SCHEDULE C

 

                                                                                    2008-2009       2010-2011

Counselor in Guidance and Placement           $400.00           $408.00

 

Elementary School Adjustment Counselor     $400.00           $408.00

 

New Guidance and/or Adjustment Counselor appointees will not receive a differential.

 

           

 

APPENDIX A

 

SCHEDULE D

 

EXTRACURRICULAR ACTIVITIES

 

NEW BEDFORD HIGH SCHOOL

 

 

Unit I                                                              7/1/08              7/1/10

Band (2)                                              6,126               6,249

Drama Club (2)                                   5,819               5,935

Assistant Band                                    3,675               3,749

WIMC-TV                                          2,450               2,499

Choral                                                 3,675               3,749

Yearbook                                            2,450               2,499

Jazz Band                                            3,675               3,749

 

Unit II

Crimson Courier                                  2,083               2,125

Majorettes                                           2,205               2,249

Great Outdoors                                   2,205               2,249

Auditor                                               1,714               1,748

Drill Team                                           1,714               1,748

Rifle Team                                          1,714               1,748

Color Guard                                        1,469               1,498

Dance Line                                          1,469               1,498

Key Club                                             1,714               1,748


Honor Society                                     1,347               1,374

Senior Class Advisor (2)                     1,714               1,748

Dance Choral                                      1,347               1,374

AHANA                                             1,469               1,498

 

                                                            7/1/08              7/1/10

Show Choir                                         1,347               1,374

Orchestra                                             1,347               1,374

Foreign Language (2)                          1,224               1,248

Assistant Choral                                  2,205               2,249

Debate

 

UNIT III

 

Junior Class Advisors (2)                    1,102               1,124

Asst. Great Outdoors                          1,102               1,124

Latin Club                                           742                     757

Graphic Arts                                       742                     757

Photography                                        742                     757

Global Awareness                               742                     757

Usher Corps                                        742                     757

Spanish American                               742                     757

Business Club                                     742                     757

Teen Stars                                           742                     757

International Club                               979                     999

Quill and Scroll                                   742                     757

Sophomore Advisors (2)                     742                     757

Freshman Advisors (2)                        742                     757

Engineer's Club                                   742                     757

Emc2                                                   742                     757

Alpha                                                  742                     757

SADD                                                 742                     757

History Club                                       742                     757

Art Club                                              742                     757

Pep Club                                             742                     757

Shakespeare Club                                742                     757

Inter-Club Council                              742                     757

Future Homemakers                            742                     757

Computer                                            742                     757

Bowling                                              742                     757

Chess                                                   742                     757

            Future Nurses Club                             742                     757

 

NOTE:  Unless otherwise specified, any clubs not listed will be paid $742.00 effective July 1, 2008 and $757 effective July 1, 2010.

 


                                                                               


MIDDLE SCHOOL EXTRACURRICULAR ACTIVITIES

 

CLUBS                                                          7/1/08              7/1/10

 

Student Council                                              851                  870

Yearbook                                                        742                  757

Treasurer                                                         742                  757

School Paper                                                   742                  757

Drama (2)                                                        742                  757

All City Jazz                                                   742                  757

Art Club                                                          742                  757

Band                                                               742                  757

Chess                                                               742                  757

Choral                                                             742                  757

Computer                                                        742                  757

Concert Band                                                  742                  757

Honor Society                                                 742                  757

Jazz Dancing                                                   742                  757

Latch Hook                                                     742                  757

Marching Band                                               742                  757

Needlepoint                                                    742                  757

Science Club                                                   742                  757

Spirit Booster                                                  742                  757

Traffic Squad                                                  742                  757

Typing                                                             742                  757

Watercolor                                                      742                  757

Writer's Club                                                   742                  757

History                                                            742                  757

Pet Care                                                          742                  757

Aerobics                                                          742                  757

Calligraphy                                                      742                  757

Conversational French                                    742                  757

Board Games                                                  742                  757

Dance Line                                                      742                  757

Sewing                                                            742                  757

Majorettes                                                       742                  757

Pom Pom                                                         742                  757

Flag Unit                                                         742                  757

Cheerleading                                                   742                  757

All City Orchestra                                           742                  757

Tap Dancing                                                    742                  757


Jazz Dancing                                                   742                  757

Performing Arts                                              742                  757

 

 

CLUBS                                                          7/1/08              7/1/10

 

Elementary Vocal Music                                 742                  757

Elementary School Band                                742                  757

 

NOTE:            Unless otherwise specified, any clubs not listed will be paid and $742.00 effective July 1, 2008, $757.00 effective July 1, 2010.

 

 

            ELEMENTARY EXTRACURRICULAR ACTIVITIES

 

Extracurricular activities at the elementary level will be established within an elementary school by a Principal with the approval of the Superintendent or her designee for clubs and other activities, such as, but not limited to:

 

Walking club

Breakfast

Booster

Cheerleading

Astronomy

Safari

Stamp

Choral

Rapping

Chess

Orchestra

Great Leaps

Math

Jazz

Soccer

Science

Music

Pride

Reading

Outdoors

Arts and Crafts

History

Yearbook

Sewing

Language

Bowling

International

Social Studies

Skating

Bowling

Drama

Swimming

Performing Arts

Debate

Medical

Nature

Dance

Sailing

Movies

Book

Hip Hop

Social Skills

Computer

Art Club

Friendship

Horticultural

Problem Solver

Scientist Explorer

Auditor

Needlepoint

Care

Future Teachers

Environmental Club

Fun

Photography

Recycling

Literacy

Band

Educational Board Games

Numbers

Glee

Careers

Unity

Sports

Great Books

Baseball

Mcas

Health

Stock Market

Student Council

Anti-bully

Civics

Poetry

Yoga

Technology

Newspaper

Vocal

All About Me

Literature

All City

Open Response

Communications

Think Positive

Short Answer and Problem

Radio

Guitar

Solving Club

Television

Musical Instruments

Support Club

Homework

Spanish

Resolution

Cardio

French

Vocabulary

Talent

Portuguese

Enrichment

Writing

Creole

Traditions

 

           

The rate of pay for each club advisor shall be $742.00 effective July 1, 2008 from funds appropriated for such activities during the term of this agreement.

 

            The number of extracurricular advisors at the elementary school shall be as follows:

 

·         2 advisors at small elementary schools (0-299 students)

·         4 advisors at medium size elementary schools (300-599 students)

·         6 advisors at the four (4) large elementary schools (600 plus students)

 

The number will be determined by the October 1 census.

 

 


APPENDIX A

SCHEDULE E

Coaches

 

Sport                                                               7/1/08                        7/1/10

 

Football                                                           6,984                         7,124

Basketball (Boys)                                            5,759                         5,874

Basketball (Girls)                                            5,759                         5,874

Baseball                                                           5,759                         5,874

Ice Hockey                                                      5,759                         5,874

Spring Track (Boys)                                        4,533                         4,624

Spring Track (Girls)                                        4,533                         4,624

Soccer (Boys)                                                  5,759                         5,874

Soccer (Girls)                                                  5,759                         5,874

Swimming (Boys)                                           4,533                         4,624    

Swimming (Girls)                                            4,533                         4,624

Volleyball (Boys)                                            4,533                         4,624

Volleyball (Girls)                                            4,533                         4,624

Tennis (Boys)                                                  4,533                         4,624

Tennis (Girls)                                                  4,533                         4,624

Softball                                                           5,759                         5,874

Indoor Track                                                   4,533                         4,624

Field Hockey                                                  5,759                         5,874

Cross Country                                                 4,778                         4,874

Golf                                                                 2,695                         2,749

Gymnastics                                                     4,778                         4,874

Weight Training                                              1,714                         1,748

Trainer                                                             12,007                       12,247

                                                                        4,119 per season          4,201 per season

Faculty Manager                                             6,984                         7,124

Cheerleading                                                   3,675                         3,749

FR Girls Volleyball                                        

Lacrosse (Boys)                                              4,533                         4,624

Lacrosse (Girls)                                               4,533                         4,624

Wrestling                                                         4,533                         4,624

 

                                                All Assistant Coaches - ALL SPORTS

 

First year                     50% Head Coach's salary

Second year                55% Head Coach's salary

Third year                    60% Head Coach's salary

Sixth year                    70% Head Coach's salary

 


                                                                               

 

Middle School Sports

 

Boys                                                             7/1/08              7/1/10

 

Basketball                                                       887                  905

Volleyball                                                        887                  905

Soccer                                                             887                  905

Football                                                           887                  905

 

 

 

Girls                                                             7/1/08

 

Basketball                                                       887                  905

Volleyball                                                        887                  905

Soccer                                                             887                  905

Field Hockey                                                  887                  905

 

Intramurals                                                   2,978               3,038

 

 

 

 


APPENDIX B

 

EMPLOYEE LETTER

 

I have received the School Committee notice that it intends to take a vote on         (200 ), with respect to my dismissal, effective June 30, (200 ) pursuant to the provisions of MGL, c.71, s.42.  I understand that I may have a right to request and be furnished by the School Committee a written statement of the charge or charges for which my dismissal is proposed; and a right to request and be given a hearing before the School Committee with representation of counsel of my own choosing.  I also understand that I may have a right to appeal such a vote of the School Committee. 

 

Since I desire to secure the benefits of the two year recall period, as set forth in the Collective Bargaining Agreement between the New Bedford School Committee and the New Bedford Education Association, Inc., and because I wish to retain my status as a tenured teacher in the New Bedford School System during such recall period, and in the event of my recall and return to active service, and since I admit that the School Committee has good cause for my dismissal, I hereby waive any written statement of the charge or charges, and waive any request for a hearing, and waive all rights of appeal which I may have, all as provided in Ch.71, ss.42 & 43(a) of the Massachusetts General Laws, all in consideration of the School Committee's agreement that because of such admissions and waivers the School Committee shall not vote on my dismissal effective at the end of the (200  ‑ 200 ) school year, pursuant to the provisions of MGL c.71, s.42, but shall instead place me on an involuntary leave of absence without pay or increment as a result of layoff. 

 

I understand that effective June 30, (200 ), I will, unless recalled and returned to effective service, be on an involuntary leave of absence without pay or increment as a result of layoff.  If I am returned to active service during the two year recall period, the Committee agrees that any and all waivers and admissions which I have made in this letter shall not be applicable to any subsequent layoffs and/or dismissals.  If I fail to accept recall to an appropriate position, as set forth in Section 4 above, during the recall period, I will be dropped from the recall list and terminated; and I understand that I have waived my rights to any statement of the charge or charges, and my rights to any statutory hearings or appeal with respect to that dismissal.  If I am not returned to active service during the recall, I understand that the Committee will vote to dismiss me at the end of said period, and that I have waived my rights to any statement of the charge or charges, and my rights to any statutory hearings or appeal with respect to that dismissal. 

I expressly do not waive any right I may have to contest, by grievance and arbitration, whether the School Committee has observed the recall provisions of the Collective Bargaining Agreement between the New Bedford School Committee and the New Bedford Educators Association, Inc.

 

 

 

 

 


APPENDIX C

 

SCHOOL COMMITTEE LETTER

 

The School Committee is in receipt of your letter of               (200 ), requesting that, pursuant to the Collective Bargaining Agreement, you be granted an involuntary leave of absence without pay or increment as a result of layoff. 

 

In order that you may receive the benefits of recall, and in order that you may retain your status as a tenured teacher in the New Bedford School System during such recall period, and in the event of your recall and return to active service, and because you admit that the School Committee has good cause for your dismissal, and in consideration of your having waived the following: 

 

1.         any written statement of the charge or charges for which your dismissal is proposed;

 

2.         any request for a hearing before the School Committee under MGL. c.71, s.42;

 

3.         all rights of appeal, as provided in MGL. c.71, ss.42 and 42(a);

 

therefore, the School Committee expressly agrees that because of your admissions and waivers, the Committee shall not vote on your dismissal effective June 30, of the (200 ‑ 200 ) school year, pursuant to the provisions of MGL. c.71, s.42, but rather has placed you on an involuntary leave of absence without pay or increment as a result of layoff, pursuant to the Collective Bargaining Agreement. 

 

The Committee agrees that if you are returned to active service during the recall period, any and all waivers and admissions to which you have agreed with respect to this initial layoff shall continue in full force and effect, but shall not be applicable to any subsequent layoffs and/or dismissals.  If you are not returned to active service during the recall period, the Committee will vote to dismiss you at the end of said period; and in accordance with your waivers and admissions, there will be no requirement of any statement of the charge or charges or any statutory hearings, and no appeal from said dismissal vote. 

 

The Committee further agrees that you expressly do not waive any right you may have to contest, by grievance and arbitration, whether the School Committee has observed the recall provisions of the Collective Bargaining Agreement in effect at the time of your layoff. 

 

In the event you are not returned to active service in accordance with the recall provisions of the Collective Bargaining Agreement then, in such event, the Committee intends to vote on your dismissal on           , (200 ), at its meeting at       p.m.. 

 


APPENDIX D

 

APPLICATION FOR SICK LEAVE BANK

 

Dear Members:

 

I hereby apply for _______ additional sick days to begin ________________ and end on ___________________.  My reason for the request is:  _________________________________

______________________________________________________________________________

______________________________________________________________________________

My present sick leave will be exhausted on:                                                              

and I am planning to return to my position on:                                                                                 

I have read the terms of the contractual agreement between the New Bedford Educators' Association and the New Bedford School Committee and I am a qualified member of the Sick Leave Bank.                                                          Signed: _________________________                    

Dated:                                                                                    

I hereby grant the members of the Committee permission to look into my attendance record for more accurate information as well as data concerning prior utilization of eligible sick leave.                                                                    Signed:                                                                       

(Doctor's reports and additional backup information must be submitted with this application.)

 

Sick Leave Bank Committee Action

 

Approved        ______

Disapproved    ______                        Number of Days         ______

 

Date    ________________   

 

PLEASE RETURN THIS APPLICATION TO:  CHAIR SICK LEAVE BANK COMMITTEE IN CARE OF THE NEW BEDFORD EDUCATORS ASSOCIATION

 


APPENDIX E

MEMORANDUM OF AGREEMENT

BETWEEN THE

NEW BEDFORD SCHOOL COMMITTEE

AND THE

NEW BEDFORD EDUCATORS ASSOCIATION

 

 

The New Bedford School Committee (Employer) and the New Bedford Educators Association

(Association) agree to modify the provisions of Article 12, Section H of the Unit A Collective

Bargaining Agreement effective July 1, 2008 - June 30, 2011 by providing for a

Freshman Academy Model as follows:

 

 

1.         Effective for the 2008 - 2009 school year, the Employer may adopt a Freshman Academy Model of scheduling the ninth grade at the New Bedford High School.

 

2.         The Teachers assigned to the Freshman Academy may be assigned to not more than three (3) teaching blocks. Two of the teaching blocks shall consist of four (4) forty-one (41) minute periods three (3) timers per week and two (2) eighty-three (83) minute periods twice per week and shall consist of one (1) concentrated and three (3) standard inclusion sections within the same department, Math, Science, English or Social Studies.  During the third eighty-three (83) minute block, the Teacher may be assigned a course, a duty, or a freshman seminar.

 

3.         The freshman seminar block will include a series of mini-units designed to enhance the transition to the High School and will include such topics as school transition, business education, library literacy, social issues, school administrative policies, study skills, mentoring, and peer tutoring. When non-Freshman Academy Teachers present mini-units, the Teacher assigned to the freshman seminar block will remain with the class.

 

4.         In addition to their lunch period, all Teachers assigned to the Freshman Academy will have four (4) eighty-three (83) minute preparation period blocks per week and one (1) eighty-three minute (83) common planning time block per week.  The common planning period may be used for professional development related to the use of common planning time and team teaching.

 

5.         The parties agree that at least one (1) SPED Teacher will be assigned to the Freshman Academy in each house.

 

6.         To the extent possible students in the Freshman Academy will be scheduled within their own house and assigned to a team of teachers so as to limit the need for movement of the freshman students.

 

7.         Students who are repeating the freshman year will not be a part of the Freshman Academy.

 

8.         Teachers assigned to the Freshman Academy will be offered professional development prior to the start of the 2005-2006 school year and will be paid a stipend.

 

9.         While all Teachers at the New Bedford High School will be afforded the opportunity to indicate their preference for assignment to the Freshman Academy, it is understood and agreed that assignments to the Freshman Academy will be made by the Administration.

 

10.       Teachers assigned to the Freshman Academy will receive an annual stipend of $2,000, which shall be paid as part of their regular compensation.

 

11.       This Agreement regarding the Freshman Academy Model shall sunset on June 30, 2009 and the provisions of Article 12, Section H shall be reinstated for all Teachers at the New Bedford High School unless the parties mutually agree to continue the Freshman Academy Model beyond said date.

 

            Re-opener – The parties have agreed to a limited re-opener of Articles 12 and 15 for the purpose of negotiating over any recommendations of the Joint Committee concerning the High School schedule.

 


APPENDIX F

 

New Bedford Public Schools

Two Year Formal Evaluation Cycle

Unit A Personnel*

 

The purpose of the Two-Year Formal Evaluation Cycle is to structure a program of assessment of instructional effectiveness and professional development that is two fold.  In the first instance, it is the incumbent responsibility of the New Bedford Public School’s Administration to promote and assess the instructional effectiveness of all staff and maintain professional standards and expectations that directly support student learning and achievement.  In this capacity, teacher effectiveness, as defined within the New Bedford Public Schools’ Standards of Evaluation and Expectations, needs to be observed and evaluated in a formal sense in accordance with Massachusetts General Law, Chapter 71, Section 38.

 

In the second instance, teachers are supported and encouraged to continue their personal and professional growth in all areas that contribute to enhancing their instructional repertoire, remaining current in their content area and acquiring new skills that are relevant to their teaching assignment(s).  Concurrent with these aims is the additional mission to enable all teachers to successfully establish and complete an Individual Professional Development for Massachusetts Educators that will directly provide for the Re-Certification (Licensure) of the teacher.

 

*Note:  Teacher(s) implies all Unit A personnel in this document.

 

Understandings

 

A.        Evaluation is a cooperative effort requiring a constructive dialogue between the evaluator and the teacher.

 

B.        The goals and evaluations will adhere to the purpose and philosophy identified in the evaluation standards.

 

C.        Evaluations will be done in a uniform manner using only forms specified in the Agreement.

 

D.        The teacher being evaluated may provide additional information for consideration in the evaluation.

 

E.         If evaluation is removed from a file, the teacher moves to the next cycle.

 

F.         No teacher will be evaluated two (2) years in a row at time of implementation.  However, it should be noted that a teacher employed by the New Bedford Public Schools, who changes schools within the New Bedford Public School System, will be placed in the Formal Observation/Evaluation Cycle by the principal of the receiving school. 

 

G.        A Form provided by Human Resources will be completed by the Supervising Administrator not later than October 15, identifying the cycle each teacher is on and the Administrator responsible for the written evaluation.

 

H.        A teacher may appeal to the Superintendent or his/her designee if there is a disagreement on the activity to be completed during the Individualization cycle.

 

Formal Observation Year

 

The primary purpose of the formal evaluation is the improvement of individual professional performance, reflecting an acceptable system-wide philosophy, and serving as a guide for constructive supervision.  All formal observations and evaluations are predicated on a “best practices” approach, which are reflected in the Standards and Expectations for the New Bedford Public Schools.

 

Criteria:          (See New Bedford Public Schools Standards for Formal Observation and Evaluation)

 

            1.         Currency in the curriculum

            2.         Effective planning and assessment of curriculum and instruction

            3.         Effective management

            4.         Effective instruction

            5.         Promotion of high expectations

            6.         Promotion of equity

            7.         Fulfillment of professional responsibilities

 

Timeline(s) for Formal Evaluation(s):

 

Non-Professional Status Teachers (those in their first three years of teaching in New Bedford Public Schools) will be formally observed and the observation report submitted to Human Resources not later than:

 

            First year:        December 15 and March 15

            Second year:   December 15 and March 15

            Third year:       December 15 and March 15

 

Professional Status teachers (those who have completed three full years of employment in New Bedford Public Schools) will be formally observed/evaluated once every two years before May 1.

 

All formal observations/evaluations will be preceded by a conference between the teacher and the observer/evaluator and followed by post observation conference during which the observer/evaluator’s conclusions will be discussed.

 

The result of the formal observation (Evaluation) shall, within twenty (20) school days, be communicated orally and in writing to the teacher.  A teacher will have fifteen (15) school days, upon receipt of the written formal Evaluation to respond to the formal Evaluation, in writing.  Any written response to the formal Evaluation by the teacher will be attached to the formal Evaluation and placed in the personnel folder of the teacher with the formal Evaluation.  The  teacher may present additional information, relative to the overall formal Evaluation, at any time during the formal Evaluation process.

 

Based on the formal observation, and all other information at the disposal of the observer/evaluator, consistent with the Standards and Expectations for Evaluation for the New Bedford Public Schools, a Summative Evaluative Category will be part of the formal Observation/Evaluation Instrument (see Evaluative Instrument) and part of the formal post observation conference with the teacher.  These categories are:

 

Satisfactory – This category indicates that the teacher has met or exceeded all Standards and this is documented by observation and with other data to support such a conclusion.

 

Needs Improvement – This category indicates that the teacher has been found to be less than satisfactory in one or more Standard areas.  A teacher receiving a rating in this category will be given specific information regarding the area(s) that need(s) improvement and perceptive recommendations on how to proceed.

 

Unsatisfactory – This category indicates that the teacher has been found to be deficient in a number (one or more) Standard areas and remediating steps will be undertaken immediately.  A teacher receiving an overall Unsatisfactory rating, who is on Professional Status, will be given a “Professional Improvement Plan”.  A teacher who has Non-Professional Status will be given a “Professional Improvement Plan”, if this action is deemed in the best interests of the New Bedford Public Schools.

 

Professional Improvement Plan

 

When an administrator responsible for the evaluation of a teacher has concerns about the teacher’s performance, the evaluator may place the teacher into a special observation/evaluation cycle.  This is not a punitive response, but a corrective action to a documented area of concern.  It is anticipated that the Professional Improvement Plan will enable the teacher to resolve the area of concern (Please note the reference to Professional Improvement Plan and Unsatisfactory categories contained in the Observation/Evaluation Year of the Two Year Professional Development Cycle).

 

It is also understood that before a teacher is assigned a Professional Improvement Plan, the administrator responsible for that teacher’s evaluation will meet with the teacher to discuss why a Professional Improvement Plan is necessary.  In conjunction with the teacher, the administrator will create an individualized program for the teacher and establish subsequent dates for additional evaluations of the teacher’s performance.  The Professional Improvement Plan will also contain a specific timeline for the teacher to accomplish the specifics of the Plan. 

 

The Professional Improvement Plan may include any or all of the following activities:

 

ü  Formal observations with pre and post conference with written documentation

ü  Informal observations (with or without written documentation)

ü  Conferences and strategy sessions on a regular basis

ü  Assistance from colleagues of the teacher’s choice

ü  Attendance by the teacher at agreed upon workshops or conferences

ü  Mutually agreed upon course work in a content area or on pedagogy

 

A professional improvement plan will be developed to provide classroom assistance to a teacher placed on a Professional Improvement Plan.  The teacher may request a teacher mentor to assist him/her.  If there is a mentor it is understood that the relationship between the teacher and mentor is confidential.  Any teacher placed on a Professional Improvement Plan will be temporarily removed from other years of the cycle.

 

All parties involved in the Professional Improvement Plan shall be provided copies of the plan and shall acknowledge receipt in writing.

 

Periodic reviews, as identified in the Professional Improvement Plan, will be held with the teacher to review performance and progress.  The evaluator(s) will meet, discuss all observations compiled to date, prepare a Formal Observation/Evaluation Report, and make a declaration of the teacher’s status not less than one year from placement on a Professional Improvement Plan as follows:

 

Sufficient Progress – Removal from a Professional Improvement Plan and return to the evaluation cycle as recommended by the evaluator.

 

Insufficient Progress – The teacher, who does not demonstrate sufficient progress, will be notified formally via the summative evaluation report.  The teacher will also be notified of recommendations for administrative action which may include an alternate professional improvement plan.  A determination of this status may include specific terms and/or conditions as part of the summative report with which the teacher must comply.  The length of time for completion will be determined by the evaluator(s) and the teacher.

 

All decisions impacting continued employment will be in accordance with Massachusetts General Laws, Chapter 71, Section 42 and the collective bargaining agreement in effect between the New Bedford School Committee and the New Bedford Education Association. 

 

A summary conference will be held before the end of the school year to review the teacher’s performance and plan next steps.  No teacher with a Professional Improvement Plan will be required to participate in activities outside of the contractual school year unless the teacher agrees to such a provision.

 

Individualization Year

 

The Individualization Year is one that enables the teacher to initiate, refine or complete work begun in other years.  This year should follow the Formal Observation/Evaluation Year within the two-year Formal Evaluation cycle.

The teacher in the Individualization Year of the cycle must meet with his/her administrator and describe in writing, and have approved, in writing, the nature of the work to be undertaken consistent with the teacher’s license, building goals (SIP) and/or district goals.

 

It is understood, however there exists a vast array of topics, projects, studies or activities beyond the below that are germane to the personal and professional development of the teacher.  By arrangement, two or more teacher may wish to work on a collaborative project during their Individualization Year.

 

It is expected that teacher in the Individualization Year of the cycle will expend 45-60 clock hours on the Project and will be awarded Continuing Education Units (CEU’s formally PDP’s) at the rate of one per each clock hour.

 

At the conclusion of the Individualization Year (By June 1), the teacher will submit a summary of the work accomplished during the year.  The summary will include the scope of the work accomplished, a conclusion reached as a result of the work and how the teacher will use this work.  A product such as a curriculum unit may accompany the summary.  This summary will be placed in the teacher’s personnel file.

 

Another option during the Individualization Year is the teacher will select a project to work on independently.  The project will be substantial and the goals/focus should contribute to the one’s professional knowledge and/or skill as a teacher.  This year’s work should contribute, significantly, to the teacher’s Individual Professional Development Plan and provide substantially for the recertification requirements of the individual.

 

Prior to November 1st, the teacher will meet with his/her administrator and document, in writing, the specific nature of the work to be undertaken.  The administrator should approve of the year’s work, in writing, but it is understood that a teacher’s personal professional development takes precedence in this year of the two-year cycle.

 

Sample activities may include, but not be limited to, the following:

 

ü  Course work (including on-line course offerings)

ü  Workshops/Seminars (as presenter or participant)

ü  Teacher exchange program

ü  Independent or self-study

ü  Study group (both collaborative and individual)

ü  Experimentation of activities

ü  Community service/involvement

ü  One-way observations and feedback (peer)

ü  Teaching teacher course (graduate)

ü  Other professional endeavors

ü  Extensive review of specific literature on an instructional strategy or topic

ü  Development of innovative curriculum unit(s)

ü  Extensive reading on a specific topic associated with teaching area

ü  Technology options

ü  Assessment options

ü  Cross Content approaches

ü  A series of peer observations

 

At the conclusion of the Individualization Year (June 1 unless a later date is agreed upon) the teacher will submit appropriate documentation to the administrator related to his/her activities for the year.  This documentation may consist of the following:

 

ü  Transcripts

ü  Curriculum documents

ü  Resources connected to teaching area

ü  Program analysis

ü  Graduate course of study curriculum

ü  Teacher evaluations from other sources

ü  Narrative summary report with conclusions and implementation possibilities


New Bedford Public Schools

Formal Observation/Evaluation Report

 

Teacher __________________________________               School _________________

 

 

Grade/Subject ___________________          Date of Formal Observation ___________

 

Non-Professional Status ___                                                  Professional Status ___

 

Date of Formal Evaluation Pre-conference: _______________

 

Teachers are expected to review the Two Year Formal Observation/Evaluation Cycle and the Standards of Evaluation for the New Bedford Public Schools before participating in the Formal Observation/Evaluation Cycle.

 

There are three ratings available for each category within the Formal Observation/Evaluation Process.  Each is described below.

 

Satisfactory  The teacher has met or exceeded the Standard and this is documented by observation and with other data.

 

Needs Improvement  The teacher has been found lacking in the Standard and there are specific recommendations to resolve the situation.

 

Unsatisfactory  The teacher has been found deficient in this Standard and specific remedial steps will be recommended immediately.

 

1.   Currency in the Curriculum

The teacher has demonstrated a mastery of the curriculum content and is current regarding curriculum items contained in Standard 1 of the Standards of Evaluation.

 

 

Evidence:

 

 

 

 

 

 

 

 

 

Rating: ____________________


2.    Effective planning, instruction and assessment

       The teacher has a lesson plan and the instruction and assessment of the lesson demonstrates an understanding of curriculum objectives and an appreciation for effective instruction as defined in Standard 2 and 4 of the Standards of Evaluation.

 

Evidence:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rating ____________________

 

3.    Effective Management

            The teacher creates an environment that maintains appropriate standards of behavior, mutual respect, safety and promotes student learning and involvement as defined in Standard 3 of the Standards of Evaluation.

 

Evidence:

 

 

 

 

 

 

 

 

 

 

 

 

 

Rating: ________________________


4.    Promotes high standards for student achievement and appreciates diversity

       The teacher establishes high expectations for students and ensures equitable opportunity for all students to learn and is sensitive to the diversity among individuals as defined in Standards 5 and 6 of the Standards of Evaluation.

 

Evidence:

 

 

 

 

 

 

 

 

 

 

 

 

 

Rating: ________________________

 

 

5.    Fulfillment of professional responsibilities  The teacher demonstrates that he/she is a continuous learner and collegially interacts with others in the school community as defined in Standard 7 of the Standards of Evaluation.

 

Evidence:

 

 

 

 

 

 

 

 

 

 

 

 

Rating: ______________________________

 


Summative Statement

 

 

 

Commendations:

 

 

 

 

 

 

 

 

Recommendations:

 

 

 

 

 

 

 

 

Post Formal Observation/Evaluation Conference

 

Overall Rating: ________________________

 

Recommended continued service:    Yes ___                       No ___

 

Signature of Evaluator ____________________________ Date __________________

 

Title of Evaluator ___________________________

 

Signature of Teacher ______________________________ Date __________________

 

 

(This does not signify approval)

After receiving this Formal Evaluation and Post-Conference, a teacher has fifteen (15) school days to attach a statement or related material to this document.  The attachments will be included with this Formal Evaluation and will be placed in the teacher’s personnel file.  Attachments are optional, as determined by the teacher.

 

*All forms for Appendix F, Formal Observation/Evaluation Reports are accessible on the New Bedford School Department Portal and the NBEA website.


APPENDIX G

MEMORANDUM OF AGREEMENT

 

Free tuition shall be granted to a child of a New Bedford teacher whose permanent address is outside of the City of New Bedford and desires to enter New Bedford High School.  The School Committee shall allow six (6) such children to enter grades 9, 10, 11 and 12 for a total of twenty‑four (24) students.  The School Committee shall grant this privilege on a first come, first served basis. 

 


APPENDIX H

Side Letters of Agreement

 

 

A.        The New Bedford School Committee and the New Bedford Educators Association agree to this side letter which states the process to be used in the event a professional educator has concerns with the delivery of educational services to students who need special services:

 

            1.         The teacher discusses his/her concerns with the Principal.  If not resolved,

 

2.         The teacher discusses his/her concerns with the Director of Special Education or the appropriate administrator or Director. If not resolved,

 

3.         The teacher discusses his/her concerns with the Superintendent or designee.

 

            The parties agree that this side letter will be appended to and become part of the 2008-2011 Agreement.

 

B.        The New Bedford School Committee and the New Bedford Educators Association agree to the following:

 

1.         During the school years 2007-2008 and 2008-2009, elementary teachers who are required to complete a “Standards” Report Card will be excused from the Article XII 3.A., Common Planning Grade Level meetings on the two Wednesdays of the month of the issuance of the report card.  The teachers will be provided with this time to prepare the report card for that marking period.

 

2.         A Joint Committee will be established for the 2008-2009 school year, modify the current Report Card and to develop a similar instrument for Grade 3 students.  The composition of this Joint Committee will be discussed between the parties with an effort to recruit a system-wide representative group from the district.

 

3.         The parties agree to meet to discuss any issues impacting upon the workload or other terms and conditions of employment resulting from the recommendations of the Joint Committee.

 

4.         All teachers using the “Standards” Report Cards will receive the report card at least three weeks in advance of the date the grades are due to the administration.

 

5.         All teachers will be notified at the beginning of each school year, the dates when the grades for “Progress Reports” and “Report Cards” will be due to the administration.

 

The parties agree that this side letter will be appended to and become part of the 2008-2011 Agreement.