North Brookfield

AGREEMENT

Between The

NORTH BROOKFIELD SCHOOL COMMITTEE

And The

NORTH BROOKFIELD TEACHERS’ ASSOCIATION

September 1, 2010 through August 31, 2013

PREAMBLE

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this
Agreement is made this Eighteenth day of October, 2010, by the School Committee of the Town of North Brookfield (hereinafter sometimes referred to as the “Committee”), and the North Brookfield Teachers’ Association (hereinafter sometimes referred to as the “Association”).

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

B.        Superintendent has responsibility for carrying out the policies so established.

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

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

AGREEMENT

Between The

NORTH BROOKFIELD SCHOOL COMMITTEE

And The

NORTH BROOKFIELD TEACHERS’ ASSOCIATION

THIS AGREEMENT is made and entered into on this Eighteenth day of October, 2010, by and between the

NORTH BROOKFIELD SCHOOL COMMITTEE

and the

NORTH BROOKFIELD TEACHERS’ ASSOCIATION.

SCHOOL COMMITTEE                               TEACHERS’ ASSOCIATION

Jeffrey Hicks                                                               Richard Rigney

                                Chairman                                                                                                                 President

TABLE OF CONTENTS

Article 26                    Agency Service Fee                                                    Page 39
                                    Attachment A-Curricular Coordinators                     Page 56
                                    Attachment B - Mentoring Positions                          Page 57
                                    Attachment C - Sick Leave Accumulation                 Page 56
Article 19                    Communication                                                          Page 29
Article 16                    Deductions                                                                 Page 25
Article 9                      Differentials                                                                Page 14
                                    Drug and Alcohol Policy                                            Page 46
Article 25                    Duration                                                                      Page 38
Article 15                    Extended Leave                                                         Page 24
Article 27                    Extra Curricular Salaries                                             Page 40
Article 14                    Funeral Leave                                                             Page 23
Article 6                      General Conditions of Employment                           Page 10
Article 3                      Grievance Procedure                                                  Page 3
Article 8                      Increments                                                                  Page 12
Article 18                    Insurance                                                                    Page 28
Article 2                      Management Rights                                                    Page 2
Article 12                    Maternity Leave                                                         Page 21
Article 24                    Part-Time Teachers                                                    Page 37
Article 13                    Personal Leave                                                            Page 22
Article 1                      Recognition                                                                Page 1
Article 22                    Reduction in Force                                                     Page 34
Article 7                      Relief from Non-Teaching Tasks                                Page 11
Article 17                    Sabbatical Leave                                                         Page 26
Article 28                    Salary Schedule                                                          Page 42
Article 23                    Saving Clause                                                             Page 36
                                    School Nurses-Appendix                                            Page 50
Article 10                    Sick Leave                                                                  Page 15
Article 11                    Sick Leave Bank                                                         Page 17
                                    Side Letters                                                                Page 48
Article 21                    Teacher Evaluations and Files/Procedures                 Page 31
Article 29                    Technology Proficiency                                              Page 44
Article 20                    Vacancies and Promotions                                         Page 30
Article 5                      Work Day                                                                   Page 7
Article 4                      Work Year                                                                  Page 6

ARTICLE I - RECOGNITION

The Committee recognizes the North Brookfield Teachers’ Association, an affiliate of the Massachusetts Teachers’ Association and the National Education Association, as the exclusive representative for the purpose of collective bargaining under the aforementioned Chapter 150E, and further specifies the North Brookfield School Department Employee Unit as:

A.        All personnel employed by the School Department who hold teaching certificates under Massachusetts General laws, Chapter 71, and who have been assigned to perform a school related function to include:

 
regularly assigned teachers
guidance counselors
special education teachers
reading, hearing and speech therapists
alternative education teachers
librarians
school nurse (as set forth in Appendix Agreement)

B.        And to definitely exclude from the unit are the following:

School Superintendent
Director of Pupil Academic Services
Principals
Assistant Principals
Administrative Assistants
Administrative Interns
Volunteers
School Physician, M.D.
Substitute teachers
Instructional and supervisory aides
(non teaching personnel)
Guidance Director
Director of Curriculum, Instruction and Assessment

ARTICLE 2-MANAGEMENT RIGHTS

The Committee and the Superintendent of Schools are vested with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this Agreement shall be deemed to derogate from or impair any power, right or duty conferred upon the Committee or the Superintendent by statute or any rule or regulations of any agency of the Commonwealth. As to every matter not specifically mentioned or provided for in this Agreement, the Committee and the Superintendent retain all the powers, rights, and duties that they have by law and may exercise the same at their discretion without any such exercise being made the subject of grievance or arbitration proceeding hereunder.

ARTICLE 3-GRIEVANCE PROCEDURE

I.          Definition - a grievance is a dispute involving the meaning, interpretation, or application of any provisions of this Contract.

II.        Purpose
            A.        The purpose of this procedure is to secure, at the lowest possible     administrative level, solutions to resolve differences to the problems which may          from time to time arise affecting working conditions of teachers and for the      contractual rights and privileges of their professional Association.

            B.        Both parties agree that grievance proceedings will be kept as informal and confidential at any level of this procedure.

III.       Procedure

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered at maximum and every effort shall be made to expedite the process. The time limits specified may, however, be in particular circumstances reduced or extended by mutual agreement in writing. A grievance shall be deemed to have been withdrawn if it shall not have been presented or pursued within those time limits herein set forth.

Level One: A grievance may be submitted to the principal to whom the grievant is specifically assigned no later than twenty-one (21) school days from the date of the individual or Association awareness or when they should have been aware of the event leading to the grievance. The principal shall therefore meet with the grievant in an effort to settle the grievance. The principal’s answer to the grievance shall he due at the end often (10) calendar days after reception of the grievance by the principal with the day of reception being counted as day one (1).

Level Two: If the grievance shall not have been disposed of to the grievant’s satisfaction at Level One, the grievant, may within ten (10) calendar days after the principal’s decision is due or the date it is received (whichever is sooner) present the grievance in writing to the Superintendent of Schools. The answer of the Superintendent shall be due at the end of ten (10) calendar days after the submission of the grievance to the Superintendent.

Level Three: If the dispute shall not have been disposed of to the grievant’s satisfaction at Level Two, the grievant may within ten (10) calendar days after the Superintendent’s decision was due or the date it was received (whichever is sooner) present the grievance in writing to the School Committee which shall thereafter either determine that the grievance is outside its jurisdiction, or meet with the grievant within fourteen (14) calendar days in an effort to settle the dispute. The School Committee’s answer shall be due at the end of twenty-one (21) calendar days next following the submission of the grievance at Level Three. All grievances at Level Three will be held in executive session.
Level Four: If the grievance shall not have been disposed of to the satisfaction of the grievant at Level Three, the Association may within ten (10) calendar days after the School Committee’s answer was due or the date it was received (whichever is sooner) submit the grievance to arbitration through the American Arbitration Association in accordance with the tribunal’s rules and regulations. The cost of the Arbitrator shall be shared equally by the School Committee and the Association. The Arbitrator shall have no authority to amend, add to, subtract from or modify this Agreement or establish new terms or conditions under this Agreement or make any award which is in violation of the law. At the same time that the grievance is submitted to arbitration, a copy of the demand for arbitration must be filed with the Superintendent of Schools.

IV. Grievance Procedure - Miscellaneous

A. All grievances shall be submitted in written form and shall be responded to in writing.

B. No written communications, documents and records relating to any grievance shall be maintained in a personal file of any employee involved in the proceedings unless it is the disposition of the grievance or the request of the grievant to do so. Any documents, communications and records dealing with the processing of a grievance will be kept in strictest confidence, and will not be made available or referred to potential employers or others inquiring about said employee(s), but not having been a party in interest to the actual proceedings.
C. Any party in interest may be represented at all stages of the grievance procedure by a person or persons of his own choosing, except that a grievant may not be represented by a representative or an officer of any teacher organization other than that of the North Brookfield Teachers’ Association and/or its parent affiliates.

D. The Committee will, upon request, make available to all parties in interest, school department records and documents in its possession necessary to the processing of any grievance.

E. Whenever possible, grievance procedures will be held after school hours, when attendance at grievance proceedings is required of an employee by the School

Committee and/or its agents or by the Teachers’ Association and its agents, said employee will be released from normal and assigned duties without loss of pay.

F. Any grievance initiated by the Association itself that does not directly concern the principal shall be submitted directly at Level Two (Superintendent of Schools) with a copy of said grievance submitted to the building principal.

 
G. An Association grievance is one that is considered and voted on by the North Brookfield Teachers’ Association with notification given to all parties concerned by a statement regarding the grievance. This statement will be posted in the teachers’ rooms at least two (2) days prior to the meeting. During school vacation periods, an Association grievance may be filed by vote of the Association Executive Board with notification to all affected parties
H. After the conclusion of the school year and during the summer vacation, time limits set forth in terms of school days shall be considered to be business days.

ARTICLE 4-WORK YEAR

I.

   Effective in the school year 2010-2011 the work year shall consist of one hundred eighty-four (184) days as follows:

A.                One hundred and eighty-one (181) instructional days

B.                 Three (3) teacher professional days will be scheduled and all teachers shall receive the per diem rate of pay which is included in the salary schedule.

C.                 The final instructional day of the school year shall be half (½) day for students.

II. Teachers required to work additional days by the Committee or its agents will be compensated at a per diem rate derived by dividing the teacher’s effective annual salary by 184.

III. Teachers will not be remunerated for any unauthorized absence, and an amount equal to 1/184 of the teacher’s effective annual salary will be deducted for each absence so occurring. This offense may be subject to additional disciplinary action by the Committee.

IV. The yearly school calendar will include:

A. one-half (1/2) day prior to Thanksgiving recess
B. no school on Christmas Eve.

V. The annual school calendar will be prepared by the Superintendent of Schools and presented to the Association for their comments prior to the final approval by the School Committee.

VI. Teachers will not be required to remain in the school building when the students are sent home early as a result of an emergency situation. Teachers may be required to stay the remainder of the work day at a location where the emergency does not exist.

VII. Teachers will not be expected to report to school when school is cancelled for students because of some weather or other emergency.

ARTICLE 5 -WORKDAY

WORK DAY PROVISIONS

The following provisions will be followed:

A. The teacher work day will be six hours and forty-five minutes (6 hours & 45 minutes) in duration except as provided in 1. below and Section D.

            1. Teachers may leave ten (10) minutes following student dismissal time on            Fridays and Tuesdays and the day immediately preceding a holiday or scheduled         vacation.

B.        1. Except as provided below, each teacher of grades 7-12 will teach five (5)           periods per day, have one (1) supervisory periods and a duty-free preparation   period scheduled during the student day.

Teachers who have double block classes may have to teach the equivalent of four (4) teaching periods for one (1) semester and six (6) teaching periods for the other    semester, not to exceed the maximum number of teaching periods per year.
            If a rotation schedule is used, teachers will have the equivalent of thirty (30)          teaching, six (6) preparation, and six (6) supervisory periods in every six (6) day       cycle.

Supervisory periods may consist of a directed study defined as follows:

            (a) students must be actively involved in activities that are integrated with their     core subjects;

            (b) directed study may be in a class room, in a computer lab, in a media center, in   a cafeteria or in similar locations;

            (c) teachers will not be required to prepare for lessons, correct papers, grade           papers or otherwise perform the responsibilities attendant to their teaching          schedules; and

            (d) teachers in a directed study will be available for student academic assistance    and provide supervision to all students at the designated location; in addition    teachers may work with students on special academic subjects or projects.

            2. Except as provided below, at the elementary level (K-6) each teacher will be
            guaranteed one (1) duty free preparation period per day scheduled during the
            student day.

3. Those teachers who are considered K-12 teachers will be guaranteed a preparation period per day. Every attempt will be made to have this period occur during the student day. Teachers having preparation periods following student dismissal will not be assigned any after school duties (including the supervision of bus students) nor will they be required to attend any meeting during this period. K-12 teachers will not teach more than six (6) periods per day, which will vary in length according to the class being taught. The following areas of instruction make up this group:
           

Music
      Art
      Physical Education
      Health

            4. Those teachers who are considered resource teachers will be guaranteed a           preparation period during the student day. These instructional periods could vary        in length according to the student/students being taught. The following areas of            instruction make up this group:

            Special Ed: Resource teachers
            Chapter I : Reading/Math teachers
            Regular Ed: Resource teachers

C. All teachers will have a twenty-five (25) minute duty-free lunch.

D. As long as this section of this Article remains in effect, no faculty meeting shall exceed one (1) hour beyond the teachers’ dismissal time.

All teachers will attend meetings called by their respective principals or the Superintendent.

These meetings will not be held during school hours.

In no event will there be more than ten (10) such meetings per school year, unless both parties agree that an emergency exists.

Teachers will be required to set aside the second Monday of every month for meetings, unless otherwise advised.

            1. A building meeting held for a special reason on a day other than Monday shall   replace the requirements for Monday. Teachers may be excused from these    meetings for valid reasons.

            2. If there is no school on Monday, another day maybe designated as the meeting day.

            3. All meetings shall consist of professional matters and shall begin promptly.

            4. Beginning with the 2007-08 academic year, teachers are required to attend an    additional five (5) after-school meetings per school year. All teachers will be             notified of the schedule of meetings not later than the August 1 preceding the           school year. Specific agendas for these meetings will be issues two (2) school             days in advance. It is the understanding of the parties that these additional            meetings will deal with the curriculum-related matters.

E. Notwithstanding any of the previous provisions, teachers may be required to attend two (2) evening functions each year.

F. Teachers with unassigned time may leave the school grounds during the pupil school
day upon notifying the appropriate administrator of their destination. Teachers with a
preparation period scheduled at the end of the pupil school day may leave ten (10)
minutes after dismissal of students.

G. Teachers will not be required to sign in or out with the office.

H. In order to meet curricular deficits which arise from time to time, the Superintendent may post, in accordance with Article 20, the availability of an extra class of instruction in lieu of a preparation period. Compensation for such instruction will be one-sixth (1/6^th) of the teacher’s current salary per day. Said extra classes will not exceed more than four (4) per year.

I. A joint labor management committee will be established with equal representation of the Association and the Employer for the purpose of adjusting the teaching and work day schedule (not to exceed the overall limits set forth above) to accommodate department of education time and learning regulations and otherwise improve the utilization of the teacher work day.

J. When the need exists, staggered and flexible hours may be implemented in order to
meet Time and Learning and curricular standards. Staggered and flexible hours will be
mutually agreed upon by a joint labor management committee as defined in Article 5,
Section 1.

K. Teachers who choose to attend meetings outside the regular teacher work day will be compensated in accrued time that, at the teacher’s discretion, may be utilized for early dismissal at the conclusion of the school day.

ARTICLE 6-GENERAL CONDITIONS OF EMPLOYMENT

I.  Subject to limits imposed by state statute or by other articles of this Agreement, all teachers are expected to dress and groom themselves neatly in attire that is suitable for school activity.

II. Teachers shall be provided with a room to be used as the teachers’ lounge. A telephone service will be maintained in the elementary school teachers’ lounge.

ARTICLE 7-RELIEF FROM NON-TEACHING DUTIES

I. Teachers will not be expected to perform those clerical and custodial duties which are ordinarily performed by persons with other job titles.

II. Teachers shall not be expected to handle or be responsible for student monies, except for the following:

            A. Teachers may collect money for student book clubs.

            B. Class/activity advisors.

III. Teachers are not required to keep the State Register.

ARTICLE 8-INCREMENTS

I. Increments will be given on the basis of a teacher’s completion of the professional development component of the Department of Education Recertification Requirements. Notice of the completion of those requirements shall be provided to the Superintendent upon receipt of same from the Department of Education at the applicable recertification time frame.

II. A teacher at maximum on the salary schedule at the time of change in the new schedule shall be placed, at maximum on the new schedule, providing all provisions relative to annual increments have been met; i.e., professional study as outlined in Section I above.

III. A teacher who fulfills the degree or credit requirements to advance to the next higher salary schedule shall be placed on said higher schedule on the first day of school year next following the date when said requirements are met. “When a teacher meets the requirements after the first day of the school year, but before the first day of February, the teacher shall be placed on the higher salary schedule as of the first day of February.

In the event that documentation of course completion is not provided by the college or university at the start of the school year, the Committee agrees to pay the employee in accordance with the appropriate salary level. However, the Committee may request verification other than the normal method of verification.

IV. Longevity Stipends: Teachers with the following years of teaching experience in the North Brookfield School System shall be eligible for longevity stipends as follows:

Effective July 1, 2007:
                        Fifteen (15) years                                            $ 650.00
                        Twenty (20) years                                           $1300.00
                        Twenty-five (25) years                                    $1,950.00
                        Thirty (30) years                                              $2,600.00

Effective July 1, 2011:

Fifteen (15) years                                            $   800.00

Twenty (20) years                                           $1,600.00

Twenty-five (25) years                                    $2,400.00

Thirty (30) years                                              $3,200.00

V. Course Reimbursement: The Committee shall pay to each teacher annually the costs for a three (3) credit course satisfactorily completed with a minimum grade of B at the rate of Worcester State College. Each new credited year will commence with the beginning of the new fiscal year (July 1st) and will end with the conclusion of the fiscal year (June 30th). If the duration of a specific course begins before the June 30th date and ends after the July l date, then the following procedure will be in effect:

A course whose first class session begins before June 30th and continues into the next fiscal year (beginning July 1st) shall be credited as a course taken during the fiscal year when the course ended.

All such courses must have the written approval of the teacher’s principal in accordance with the individual professional development plan on a form provided for such purpose. Payment for such courses shall be made to the teacher upon evidence of satisfactory completion will a minimum grade of B of said course and a copy of the tuition receipted bill, The professional improvement requirements, as stated herein, can be met in the following manner with approval of the Superintendent of Schools:

A teacher may participate in a workshop which will strengthen or broaden the teacher’s background; update teaching theories and methods; keep abreast with current educational and/or subject matter, content, trends and developments; update the skills of the profession; contribute to increasing the quality of teacher’s service to his/her classes. Courses which meet the above criteria will not be denied.

ARTICLE 9-DIFFERENTIALS

I. Ninety (90) or more work days in a school year shall constitute a full year for salary advancement purposes.

II. To be eligible for Master’s level, a Master’s Degree, or thirty (30) credits beyond Bachelor’s Degree, in the teacher’s subject matter area is required.

III. All teachers who meet salary schedule provisions are to be placed on proper step of the salary schedule.

 
IV. The Committee shall grant retirement pay to any teacher who is eligible for retirement by the end of the school year in which any such eligible teacher shall submit his application for said retirement pay. The application shall be filed in writing on or before the 1st day of April of said year, and must contain a statement of his intent to retire within three (3) years hence on an appropriate effective retirement date at the end of a school year in June following. The retirement date thus set shall be effective as of the date of retirement requested, and said teacher will receive in addition to his salary as fixed by the salary guide, three hundred ($300.00) dollars per year for each of the remaining years of teaching service prior to retirement.  If the teacher should at any time withdraw his intention to retire, such additional retirement pay as he has received will be due and payable to the Town.  To be eligible for this retirement pay, a teacher must have taught in the North Brookfield School System for a minimum of twenty (20) years.

ARTICLE 10. SICK LEAVE

I. Teachers shall be granted twelve (12) sick days per year which shall accumulate to a maximum of one hundred and forty (140) days plus one (1) additional day per year of service after the teacher has reached the one hundred forty (140) day maximum. Any misuse of the sick leave shall be considered a major breach of professional ethics. The Committee shall consider any misuse as fraud and shall take appropriate disciplinary action.

II. The maximum number of sick days that a teacher may accumulate is one hundred forty (140), except in his final year of service. If a teacher has accumulated one hundred twenty-eight (128) sick days or more prior to the start of school in his final year, he shall be allowed to use twelve (12) sick days before he will lose any payback days. A teacher will never receive a payback for more than one hundred forty (140) days, plus one (1) additional day per year of service after the teacher has reached the one hundred forty (140) day maximum.  Effective July 1, 2011 the one hundred forty (140) day maximum shall be increased to one hundred fifty-five (155).

III. Teachers who are hired after the start of school or who resign before the end of the school year will have their current year’s sick days computed off of a ratio of 12/184.

IV. Sick days shall be available for use in total at the beginning of the school year. Any teacher who uses sick leave in excess of his earned entitlement shall have such days deducted from his final paycheck.

V. Teachers will be notified each September of their total available sick days including the days for the upcoming school year.

VI. Teachers who have at least ten (10) years of service in the North Brookfield School System who retire through MTRB, are terminated, or are laid off, shall be paid at twenty percent (20%) for all unused sick days. A day shall be defined as 1/184 of a teacher’s current annual salary. Teachers who have been laid off will receive the Sick Day-Buy Back compensation two years from the date of their respective lay-off if no recall is made during that time period to a commensurate position in the North Brookfield Public Schools. Laid-off teachers who decline employment to a commensurate position will not be eligible for said accumulated buy-back compensation.

VII. In the case of illness within the immediate family (as defined in Article 14 - Funeral Leave) a teacher may use ten (10) sick days (not additional) for this situation.

VIII. Supplemental Sick Leave Buy Back as follows:

“Teachers who have completed fifteen (15) years of service in the North Brookfield School System and who have accumulated at least one hundred (100) days of unused sick leave shall be eligible once during the term of their employment to receive a Supplemental Sick Leave Buy Back Payment equal to eighteen (18%) per cent of their accumulated sick leave. Such payment shall be payable as part of the teacher’s regular compensation over a single period of three (3) consecutive school years, provided that a notice of a teacher’s election to receive such payment is provided in writing to the Superintendent by December 1 preceding the school year in which payment is to commence. Subject to the eligibility criteria and the December 1 notice requirement, a teacher may elect to receive the payment during any period selected by the teacher. If a teacher who has elected this Supplemental Sick Leave Buy Back Plan leaves prematurely, payment will continue annually until the remaining payment is exhausted. A teacher who elects this benefit shall thereafter be ineligible for the benefits provided under Article 9, Section IV and Article 10, Section VI.

The payments hereunder shall be based upon the teacher’s rate of pay and number of accumulated sick days as of September 1 of the school year in which payments are to commence. As of said date, all of a teacher’s accumulated sick leave shall be considered to have been used as a result of the election of this benefit, unless the teacher elects that the buy back not apply with respect to a given number of days which will then remain available to the teacher. For any Supplemental Sick Leave Buy Back Payment Plan participant, payment for any use of five or more consecutive sick days in the last year of the plan will only be made upon provision of a doctor’s notification.”

During the term of this Contract for transitional purposes, teachers who plan to terminate their employment on or before June 30, 2006, may elect to participate in this program by providing written notice to the Superintendent by December 1, 2003. In such case the supplemental payment will commence on January 1, 2004, and be incorporated in their regular compensation so as to be paid in full in equal amounts between January 1, 2004 and the completion of their employment.

ARTICLE 11-SICK LEAVE BANK

I. The Sick Leave Bank is a mutual concern of the North Brookfield School Committee and the Association, and shall be maintained to relieve the financial burdens of extended.

II. Except as noted in this article, the administration of the Sick Leave Bank shall be a function of the Sick Bank Committee.

III. Membership

A. Membership in the Sick Leave Bank shall be voluntary, and each member shall make an initial contribution of two (2) days.

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

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

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

E. Applications for benefits will be acted on in executive session.

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

IV. Sick Bank Committee

A.        A five (5) member committee shall administer the Sick Leave Bank:

            1. theHigh School Principal and Elementary School Principal;

2. theTeacher Group shall elect two (2) representatives, one (2) from each building; and

            3. the Superintendent of Schools or designee.

B. The Superintendent or his designee shall preside at the meetings.

C. The President of the North Brookfield Teachers’ Association will be an ex officio non-voting member.

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

E. Applications for benefits will be acted on in executive session.

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

V. Entitlement

A. Sick days are considered days for which the Individual would have been compensated if he had not exhausted his sick leave.

B. All members have an initial entitlement of twenty (20) days - additional entitlement shall accrue at five (5) days per year for each creditable year of North Brookfield.

C. Teachers who enroll in September, 1981, during the initial enrollment period, will receive credit for previous years of creditable service in the North Brookfield Public School system. Failure to enroll durin2 the initial enrollment period in September, 1981 will result in the loss of all creditable years of service for Sick Bank purposes in the North Brookfield Public Schools.

D. Notice will be provided each September of a teachers’ sick leave bank eligibility. The names of the teachers who have volunteered in accordance with Sections III A and B, and the amount of days in the bank shall be submitted to the President of the North Brookfield Teachers’ Association every September.

Entitlements:
Years in System                                      Days of Entitlement
            1                                                                20
            2                                                                25
            3                                                                30
            4                                                                35
            5                                                                40
            6                                                                45
            7                                                                50
            8                                                                55
            9                                                                60
            10                                                              65
            11                                                              70
            12                                                              75
            13                                                              80
            14                                                              85
            15                                                              90
D. Application for benefits may be obtained from and must be filed with the Superintendent of Schools or his designee.

E. Maximum entitlement shall not exceed ninety (90) days.

F. At no time shall Sick Leave Bank entitlements and any other benefits noted in this Agreement exceed the existing salary rate of the teacher.

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

H. Sick Leave Bank benefits shall not be provided to individuals who have not contributed to the bank or to personnel who are on leaves of absence.

VI. Benefits

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

                                                   1. To be eligible for Sick Leave Bank benefits, the applicant must be                                                    incapacitated for twelve (12) consecutive school days. If the applicant does not                                              have twelve (12) accrued sick days, then a salary deduction shall be made for every day after sick leave expires until the applicant becomes eligible for Sick Bank benefits. Such eligibility shall begin on the sixteenth (16^th) day.

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

            3. There will be a waiting period of three (3) working days between the end of the             applicant’s current allowance of sick days and the beginning of withdrawal of Sick Bank Days.

            4. If a member is incapacitated for at least fifteen (15) days in any one (1) year      and there is an additional incapacitation which appears to be a recurrence or an            immediate result of the same illness or accident, then the twelve (12) day           eligibility requirement and the three (3) day waiting period could be waived at the             discretion of the Sick Bank Committee upon verification by the attending physician.

            5. Should an individual have used his maximum allowance, returned to duty, re    enrolled as a member, and find it necessary to apply for benefits, he will be       eligible for those (Benefits) of a newly elected teacher in the North Brookfield        Public Schools.

            6. A person who is receiving Sick Bank benefits in June may continue to receive    benefits in September for the same illness, a recurrence or associated    complication.

            7. In administering the Bank, the Sick Leave Bank Committee shall not      countenance a recipient’s undue delay in processing retirement or other           termination of employment on account of disability or illness and may reconsider,       at any time, a prior grant of bank days.

ARTICLE 12-MATERNITY LEAVE

Teachers who have completed ninety (90) school days or more of employment shall be entitled to apply for and receive maternity leave in accordance with the provisions of this Article.

II. A teacher who becomes pregnant shall notify the Superintendent in writing as soon as pregnancy has definitely been determined but not less than thirty (30) days, except in cases of emergency, prior to her anticipated date of departure.

III.       A. A female adoptive parent shall also be eligible for the benefits under this           Article, as long as the adoptive child is under age six (6) years.

            B. In the event the child is over six (6) years of age, the teacher shall be entitled to            a leave without pay provided said adopting agency requires the parent to be at        home. Said agency will provide, in writing, to the Superintendent of Schools,           specific request with a certain time period calculated.

IV. As long as the pregnant teacher is able to perform her duties, the teacher may continue to teach. The maternity leave of absence shall begin when in the opinion of the teacher and her doctor such action becomes advisable.

V. Teachers shall normally return to the school system only at the opening of school in September following birth or termination of pregnancy or, if the teacher shall request, at the opening of school in September in the year next following the birth or termination of pregnancy. Before return, a teacher may be required to submit a doctor’s certification of fitness. The teacher shall further notify the Superintendent of her intention to return to her job at least one hundred twenty (120) days prior thereto, following a letter of request from the Superintendent. A teacher on such leave desiring to return to the school system at a time other than set forth above may make written application for reinstatement to the Superintendent. Such reinstatement may be granted by the Committee upon the recommendation of the Superintendent.

VI. ‘While on maternity leave a teacher may continue her coverage in the Town’s Blue Cross/Blue Shield Program and other health insurance plans provided by the Town, provided the teacher pays the entire cost thereof.

VII. A teacher returning from such a leave will be assigned to the same position which she held at the time said leave commenced or, if that is not practicable, to a substantially equivalent position for which said teacher is qualified.

ARTICLE 13-PERSONAL LEAVE

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

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

III. Three (3) days of absence will be provided annually for religious, legal or personal business, or household or family matters which require absence during school hours. Application for personal leave will be made to the Superintendent at least forty-eight (48) hours before taking such leave (except in the case of emergencies) and the applicant for such leave will not be required to state the reason for taking such leave other that he is taking it under the provisions of this section. A teacher may carry over one (1) personal day, if unused, provided that the total number of personal days taken in any school year shall not exceed four (4) days.

IV. An application for such leave must be made to the Superintendent in writing as soon as possible before the intended day of leave to give the Superintendent an opportunity to arrange for a substitute teacher. The request may be made orally if there is insufficient time to put it in writing.

V. Teachers shall make every effort to avoid the use of personal days on the day preceding or the day following a school vacation.

ARTICLE 14-FUNERAL LEAVE

I. Three (3) consecutive school days of leave with pay will be granted to any teacher who is absent due to death in the immediate family. The term “immediate family” includes: mother, father, grandmother, grandfather, brother, sister, mother-in-law, father-in-law, a relative who is a member of the immediate household.

II. In the case of the death of husband or wife maintaining a household together, or son or daughter, five (5) consecutive school days of leave, instead of three (3), will be allowed. In all cases of the aforementioned leave, the leave will be for consecutive days commencing on the day of death or the day following the death. Such leave will not be considered a part of sick leave.

III. Teachers will be granted one (1) day at any one time in the event of death of a teacher’s niece, nephew, aunt, uncle, godchild, brother-in-law, sister-in-law, or grandparents in-law.

IV. The Association shall be allowed to send one (1) representative to the funeral of an Association member’s immediate family.

ARTICLE 15-EXTENDED LEAVE

After three (3) years continuous employment in the North Brookfield School System, a teacher may be granted a leave of absence for up to one (1) year for health reasons, for career enrichment, or for other personal or family emergencies as recommended by the Superintendent and approved by the Committee, from the date the leave is granted. (Note: career enrichment leaves must begin on July 1 and any teacher intending to return from such leave to his/her teaching position must notify the Superintendent of intention to return by March 15 of the year preceding return). Requests for health leave will be supported by the appropriate evidence. In the case of health leave, a teacher may use all of his/her available sick leave before beginning the extended unpaid medical leave.

II. All benefits to which a teacher was entitled at the time of said leave of absence, including unused accumulated sick leave, will be restored upon return.

III. Existing health insurance plans provided by the town shall be continued up to one (1) year, and eighty percent (80%) of the Life Insurance Premium to be paid by the Town.

            A. Teachers on extended leave for health reasons, will have health insurance plans             provided by the town and the Life Insurance Premium paid for by the Town at the percentage set at that time for one (1) year.

            B. Teachers on all other extended leaves will be offered the option of continuing   the health insurance plans provided by the Town and the Life Insurance Premium        at their own expense for one (1) year.

IV. Any teacher taking this extended leave would be restored to the same or similar position upon return. If a teacher has completed ninety (90) school days, he shall be credited for one (1) year and placed on the appropriate salary scale upon return.

V. Personal days do not apply under this provision.

VI. At a reasonable time prior to the expiration of the original granted leave, it shall be the responsibility of the leave-taker to submit to the Committee, medical evidence to support either a claim of fitness to return to her/his position or the need to extend the leave further within the maximum of a calendar year.

VII. Fourteen days (14) military leave shall be granted each year. Any differences in pay for military days taken between the Service and the North Brookfield School System shall be made up by the North Brookfield School System.

VIII. Jury Duty: All members shall be granted jury duty leave in accordance with state and federal statutes and shall receive their per diem rate of pay for each day of service.

ARTICLE 16-DEDUCTIONS

I. The Committee, wherever authorized by any teacher in writing, shall provide that payroll deductions on behalf of such teachers shall be made every payday and paid over in accordance with such authorization for any or all of the following purposes:

            A. Local, State, and National dues.

            B. Premiums under Washington National Insurance Company.

            C. Premiums under the current Employee’s Group Insurance Program as provided             by the Town of North Brookfield.

            D. Payments to the Massachusetts Teachers’ Association Credit Union.

E. Annuities - Deductions referred to above shall be equally deducted from each paycheck of the paycheck plan.

II. All employees covered by this Agreement will be paid every other Thursday beginning no later than the third (3rd) Thursday after the beginning of the school year according to one of the options below. The Administration shall distribute a form to each teacher prior to the close of school in June requesting each teacher to select an option for the following school year. Teachers who do not indicate a selection by the close of the school year, shall be paid in accordance with Option 2. New teachers shall be asked to make their selection as part of the hiring procedure.

Option 1.         Twenty-one (21) equal payments with the last payment to be paid by

                        June 30.

Option 2.         Twenty-six (26) equal payments with the last five (5) payments payable                              by June 30.

Option 3.         Twenty-six (26) equal payments.

ARTICLE 17-SABBATICAL LEAVE

I. Application is open to any professional staff member who has completed at least seven (7) years of continuous service, extended leave, as detailed elsewhere in this Agreement, shall be counted, in the employ of the North Brookfield School Committee and shall be made in writing to the Superintendent of Schools. Such application shall be in the form of a planned program providing for the professional growth of the individual applying, and shall be beneficial to the school system.

II. Applications must be in the office of the Superintendent of Schools no later than February 1, preceding the leave-taking year. The application shall be reviewed by a committee consisting of one (1) member of the School Committee, the Superintendent of Schools, one (1) representative teacher elected by the North Brookfield Teachers’ Association, and the principal under whose direction the applicant is responsible. Said Committee shall report its recommendation to the School Committee within fifteen (15) working days next following submission of the application by the applicant. The School Committee may grant or deny the application in its own discretion. Applicants shall be notified of the decision of the School Committee by the Superintendent of Schools in writing as soon as possible after final action is taken by the School Committee. Acceptance of an application presupposes a willingness on the part of a teacher to serve at least two (2) consecutive years upon return from sabbatical leave.

III. Only one (1) teacher may be allowed sabbatical leave during any one (1) school year.

IV. The approved applicant will receive fifty (50%) percent of his normal salary, in accordance with paragraphs V., VI., and VII. of this section, during the period he is on sabbatical leave, provided that the combined grant and salary do not exceed the teacher’s regular salary amount.

V. Payment will be in the form of a two (2) year, non-interest bearing loan to be signed by the leave-taker on or before September 1 of the year of leave and the proceeds of said loan will be paid on September 1 of the year of leave. If the leave-taker fails to return to the North Brookfield School System after the year of leave, full repayment of the loan must be made by September 1 following the year of leave. If he returns for only one (1) year, one-half (1/2) of the loan must be repaid by the leave-taker by September 1 following this one (1) year.

VI. Obligation for repayment of one-half (1/2) of the loan will be released for each one (1) of the next two (2) successive school years immediately following the leave that the leave-taker spends in the employ of the North Brookfield School Committee.

VII. All payments normally deducted from a teacher’s salary are the responsibility of the leave-taker but may be paid through the office of the Superintendent of Schools.

VIII. For salary schedule purposes, the year of sabbatical leave shall count as a year of teaching service, and include the accumulation of all sick and health benefits normally provided by the Board.
IX. In the case of multiple applications, the decision shall be based on the merit of the programs presented.

X. Singularity of application does not presuppose approval.

XI. No Committee member is eligible to consider his own application.

XII. In the case of non-completion of the planned program, the School Committee reserves the right, for cause, to request full repayment of the loan within twelve (12) months of the date of the School Committee’s decision to do so.

XIII. A written report from the leave-taker, on his experiences, will be filed with the Superintendent of Schools within three (3) months of the end of the sabbatical leave year.

ARTICLE 18-INSURANCE

I. Group Insurance Benefits - The Committee agrees to pay the same percentage of employee premiums as is paid for other Town employees in accordance with the provisions of the relevant sections of Chapter 32B of the Massachusetts General Laws subject to the following revisions. Any employee who commences employment after July 1, 2001 shall contribute twenty (20%) percent of the health insurance program and the Town shall contribute the remaining eighty (80%) percent. Any employee who commences employment after July 1, 2003, shall contribute twenty-five percent (25%) of the health insurance program and the Town shall contribute the remaining seventy-five (75%) percent.

Effective July 1, 2010 the Town contribution of the health insurance program shall be established as follows:

                                                                        Family             Single

Hired on or before July 1, 2001                      $22,048.41      $8,480.16

Hired July 1, 2001-June 30, 2003                   $19,598.59      $7,537.92

Hired July 1, 2003June 30, 2010                    $18,373.68      $7,066.80

Hired after July 1, 2010                                  $17,148.76      $6,595.68

Effective July 1, 2011 the Town contribution of the health insurance program shall be established as follows:

                                                                        Family             Single

Hired on or before July 1, 2001                      $22,268.89      $8,564.96

Hired July 1, 2001-June 30, 2003                   $19,794.58      $7,613.30

Hired July 1, 2003June 30, 2010                    $18,557.42      $7,137.47

Hired after July 1, 2010                                  $17,320.25      $6,661.64

Effective July 1, 2012 the Town contribution of the health insurance program shall be established as follows:

                                                                        Family             Single

Hired on or before July 1, 2001                      $22,491.58      $8,650.61

Hired July 1, 2001-June 30, 2003                   $19,992.53      $7,689.43

Hired July 1, 2003June 30, 2010                    $18,743.00      $7,208.84

Hired after July 1, 2010                                  $17,493.45      $6,728.25

Association members who are currently participating in the North Brookfield School District’s health plan have the following options for opting out during each year, provided that the employee has been a subscriber to one of the health insurance plans for the preceding twenty-four (24) month period.

A.                Employees who drop their family insurance shall be eligible to receive a payment of $5,000 disbursed in four (4) equal payments over two (2) years (January fiscal 1, June fiscal year 1, January fiscal year 2, June fiscal year 2).

B.                 Employees who drop their individual insurance shall be eligible to receive a payment of $2,500 disbursed in four equal payments over two (2) years (January fiscal 1, June fiscal year 1, January fiscal year 2, June fiscal year 2).

C.                 Employees who change from a family plan to an individual insurance plan shall be eligible to receive a payment of $2,500 disbursed in four (4) equal payments over two (2) years (January fiscal 1, June fiscal year 1, January fiscal year 2, June fiscal year 2).

To be eligible to participate in this program the employee must (1) provide the District with proof of insurance from another provider and (2) an employee may not participate in any of the options by switching coverage to their spouse’s health plan, if the spouse is also an employee of the North Brookfield School District or the Town of North Brookfield (3) the opt-out election must be made before the end of the open enrollment period for that year.

By participating in this program, the employee waives his/her eligibility to receive health insurance from the district for a period of two (2) years from the open enrollment date following the opt-out.  An employee who participates may re-enroll during the opt-out period only if the employee has a qualifying event recognized by the health plans’ underwriting rules (e.g. marriage, divorce, birth or adoption, death of a family member, lack of coverage through no fault of the employee or subscriber or change in hours, which results in a change of employment status).

If the employee has a qualifying event and needs to re-enroll in the District’s health insurance, the employee’s “opt-out” benefit shall be reduced proportionately for the time the employee re-subscribes in the program.  The employee’s health insurance premiums shall be adjusted to recapture any of the “opt-out benefits for which the employee was not entitled.

II. The Committee shall provide a Life and AD&D Insurance policy for all employees and will pay the same percentage of employee premiums as is paid for other Town employees.

III. Employees shall be allowed to purchase additional life and AD&D at their own expense up to the amount of their annual salary from the Group Insurance carrier providing coverage under Section II, above.

IV. Employee contributions to health insurance and group life insurance shall be paid by pre-tax earnings.

ARTICLE 19 - COMMUNICATION

The Committee will provide the agenda for all meetings, which shall be posted on the teachers’ bulletin boards located in both schools. The Committee will also provide the Association with a copy of the minutes of the Committee meetings, with the exception of any proceedings of executive sessions.

ARTICLE 20-VACANCIES AND PROMOTIONS

I. The Superintendent shall have posted in all school buildings and shall send to the Association notices of all vacancies, including promotional positions not covered by the Agreement, as they occur or as they are anticipated. During the summer recess notices shall be mailed to the Association President.

II. Such notices shall include a job description, statement of minimum qualifications, salary range, and the date by which candidates must apply.

III. No vacancy except in case of emergency shall be filled on a temporary basis until such vacancy shall have been posted for at least fifteen (15) days.

IV. All vacancies shall be filled on the basis of experience, competency, qualifications of the applicant, length of service in the school system, and other relevant criteria. This section does not include coaching positions.

V. The Committee agrees that its policy in filling vacancies and/or promotions will be to make appointments from the present staff whenever qualifications are substantially equal. This section does not include coaching positions.

VI. An attempt will be made to notify teachers of any change of assignment in writing, including the school to which they will be assigned, the grades and subjects that they will be assigned to teach, as soon as the decision is made, but no later than August 10th. Any change in assignment will be kept confidential until notice has been provided to the teacher.

ARTICLE 21 - TEACHER EVALUATION AND FILES/

EVALUATION PROCEDURES

I. Process

            A. The North Brookfield School Committee and the North Brookfield Teachers’   Association mutually agree that the primary function of an evaluation procedure   is to evaluate the total effectiveness of a teacher with the aim of maintaining            quality and bringing about positive changes, when necessary, to improve quality.

            B. The aforementioned parties further agree that the fundamental basis for teacher             evaluation is to improve teaching techniques which will enhance the learning           opportunities for students. Other factors which affect the educational process,           such as teacher-student-interaction, teacher-parent interaction, teacher            administrator interaction and any regularly assigned ancillary duties conducted      are amenable to evaluation and should be part of the evaluation process of         classroom evaluation. Both parties agree that these factors are of less importance            than classroom effectiveness and should therefore remain secondary to the             process of classroom evaluation.

            C. The evaluation instrument now in effect will remain in effect until a new           evaluation instrument is constructed and agreed upon by the School Committee,       the Superintendent of Schools and the North Brookfield Teachers’ Association,            Either the Superintendent of Schools or the North Brookfield Teachers’     Association can initiate the proceedings to produce a new/amended evaluation instrument.

            D. No material shall be placed in a teacher’s file unless the teacher has had the       opportunity to review the material. The teacher will acknowledge review of the           material by signing the copy to be filed. Such signature does not indicate         agreement with the contents of the material, but merely indicates that the material             has been seen. The teacher shall be entitled to respond in writing to any material           to be placed in his/her file. This response shall be initialed by the designated representative of the Superintendent and shall itself be filed as a part of the       permanent record. During the course of any review, the teacher shall be allowed    to have a representative of the Association present.

            E. No complaint shall be used as a basis for any judgments or actions to be taken   against a teacher unless the complaint is first brought to the teacher’s attention         and the name(s) of the complainant(s) is/are made known to the teacher.

            F. No teacher shall be dismissed, disciplined, reduced in rank or compensation or   deprived of any professional advantage without just cause, provided that where       arbitration is provided under Chapter 71 of the General Laws, a teacher shall elect
            whether to proceed to arbitration under Chapter 71 or under this Agreement and   such election shall be final and binding.

            G. The Superintendent retains the right to discharge teachers without professional             status without cause as prescribed by law.

H. Teachers with five (5) completed years of service in the North Brookfield Public Schools, who, within the past two (2) evaluation time periods, have successfully met all the standards as outlined in the current evaluation process, will have the opportunity to participate in the alternative evaluation procedure. The teacher and evaluator will meet prior to October 30th of the teacher’s evaluation year, to discuss the possible options available as an alternative to traditional, formal classroom observation. Following the meeting, the teacher will indicate his/her desire for either the traditional or the alternative evaluation. Teachers who opt for an alternative evaluation procedure, will be responsible for completing all responsibilities as written and discussed during the initial teacher/evaluator meeting. If at any time in the alternative evaluation period, either the teacher or the administrator is not satisfied with the progress being demonstrated, the alternative procedure may be waived. If this occurs, a traditional evaluation will be scheduled in the next school year. Documentation of successful completion of alternative responsibilities will be signed by both parties and placed in the evaluation files of the teacher. Throughout the duration of the evaluation activity, the teacher and/or the evaluator may, if necessary, request a meeting to discuss the ongoing progress of such activity.  The parties shall confer as to the options which can be made available as part of the alternative evaluation process.

EVALUATION PROCEDURES

A. All observations of the work performance of a teacher will be conducted openly and with full knowledge of the teacher.  The supervisor in completing the teacher evaluation form will base this report on the observations which took place during the designated time period specified on the Teacher Evaluation Form. At the conclusion of the appraisal period the supervisor will meet with the teacher to discuss the evaluation. At this meeting, the supervisor will document the report with specific information and will offer concrete suggestions for improvement.

B. When an unfavorable observation report has been made, the teacher will have the right to request the supervisor to carry out an additional observation. Where teacher and supervisor disagree as to the effectiveness of a particular evaluation, the teacher will have the opportunity to respond to the unfavorable report in writing. This response will be initiated by the supervisor and become a part of the observation report.

C. A Teacher Self Assessment Form should be submitted to the evaluator by the teacher by March 1. This will be an opportunity for the individual teacher to bring to the attention of the evaluator the teachers achievements, activities, professional development and expectations during the school year that might have not been observed or noted by the evaluator.

D. Professional teacher status personnel will be evaluated every other year. This does not limit the supervisor from observations/evaluation during the off year, if necessary. Teachers may also request an off year evaluation. Non-professional status teacher personnel will be evaluated every year.

E. Supervisor will meet with all teachers within the month of September to discuss the evaluation procedure and to clarify the assessment process.

F. Professional teacher status - a minimum of two (2) evaluations per year (selected year).

September 15 - January 15
and
January 15 and May 15

G. Non-professional teacher status - minimum of three (3) evaluations per year.

H.        September - November 30
            November 30 - March 1
            March 1 -May15

ARTICLE 22-REDUCTION IN FORCE

I. Every effort will be made to achieve staff reduction through attrition.

II. Non-professional teacher status teachers will be laid off prior to professional teacher status teachers pursuant to Massachusetts General Laws, Chapter 71.

III. Teachers with professional teacher status shall be laid off in the inverse order of their original date of hire within their current area of certification. They will be able to bump less senior teachers in another area of certification provided they hold the appropriate certificate in this second area as defined by the Education Reform Act of 1993.

IV.       A. Seniority shall be defined as: Length of full-time consecutive teaching service   as determined by the actual date of appointment. Approved leaves of absence are            not credited toward full-time consecutive teaching service.

            B. Seniority shall be defined as: Length of part-time consecutive teaching service as determined by the actual date of appointment. Approved leaves of absence are            not credited toward part-time consecutive teaching service.

            C. In the event of a tie in sections A or B, seniority will be determined by the        teacher’s academic achievement or if these are equal, by lottery.

V. Teachers who are to be affected by a reduction in staff must be notified in writing not later than June 1 of the school year preceding the year in which the reduction will take effect. Said notice shall include the specific reason for the layoff.
The parties agree to develop a seniority list in accordance with the above. Effective September 1, 1994, and every September thereafter, each member of the bargaining unit shall receive an upgraded seniority list.

Teachers who have been laid off shall be entitled to recall rights for a period of two years from the effective date of their respective layoffs (i.e., the September 1 following notification of lay-off). During the recall period, teachers shall be notified by certified mail to their last address of record, and who hold current valid certification for the positions as they develop in the inverse order of their respective layoff. All benefits to which a teacher was entitled at the time of the layoff shall be restored in full upon re-employment within the recall period. Preference will be valid no longer than fifteen (15) days after the mailing date of the notice. During the recall period, teachers who have been laid off shall be given preference on the substitute list if they so desire. Teachers will be recalled in reverse order of layoff as positions develop.

Laid off employees may continue group Health & Life Insurance coverage during the recall period as provided by the Town of North Brookfield to members of the bargaining unit by reimbursing the Town of North Brookfield the total premium cost.

ARTICLE 23-SAVING CLAUSE

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

ARTICLE 24-PART-TIME TEACHERS

I. Part-time teachers will receive salary and contractual benefits in proportion to the amount of time for which they are contracted.

II. Eligibility of part-time teachers for participation in group insurance programs shall be determined in accordance with town policies.

ARTICLE 25-DURATION

I. This Agreement shall continue in effect from midnight of the day prior to the opening day of the school year 2010 to midnight of August 31, 2013.  This Agreement shall hereafter automatically renew itself in successive terms of one (1) year unless by the November first next prior to the expiration of the Agreement year involved, either the Committee or the Association shall have given the other written notice of its desire to modify this Agreement.

II. In the event that a successor agreement has not been reached by the day prior to the opening of the school year 2013-2014, all provisions of this Agreement except salaries shall continue in full force and effect until a new agreement is reached. Salaries will remain at the level as the previous school year and increments and differentials will not be awarded.

ARTICLE 26-AGENCY SERVICE FEE

I. As of the first day of school in September of 1987, any teacher who is not a member in good standing of the North Brookfield Teachers’ Association, on or after the thirtieth (30th) day following the beginning of such teacher’s employment or the effective date of the Agreement, whichever is later, shall be required to pay an agency service fee subject to the provisions contained in Chapter 150E, section 12 of the General Laws of Massachusetts.

            A. Any such agency service fee may be deducted from the salary of any such        employee who signs an authorization card permitting such deductions and shall be   transmitted to the Association together with the regular dues transmitted pursuant       to Article 16.

            B. The Committee shall not be responsible for the implementation   collection or enforcement of the agency service fee, except that it will supply any       required documentation to establish that a person is a member of the bargaining       unit subject to the fee, and it will grant one representative of the Association such             paid leave as is reasonably necessary for court appearances to collect the fee.

II. The Association agrees that it will indemnify and hold the Committee harmless for any action taken against any employee as a result of this agency fee agreement including, but not limited to any legal expenses incurred.

III. If at the end of the aforementioned thirty (30) days, any member of the bargaining unit who has not paid the agency fee, the Association will notify the employee that failure to pay said agency fee shall result in the institution of legal proceedings.
            A. If the agency service fee has not been paid by the employee within four (4)       weeks of the aforementioned notification of non-payment, the Association shall notify the employee that legal proceedings to enforce the agency fee provision has commenced.

            B. The Association shall provide the Rules and Regulations of the Massachusetts   Labor Relations Commission to all employees subject to the agency fee.

            C. In the event of conscientious objection to payment of the agency fee, a member            of the bargaining unit shall pay the amount of the fee to the North Brookfield            Teachers’ Scholarship Fund.

ARTICLE 27. EXTRA CURRICULAR SALARIES

All Extra Curricular activities and/or positions are voluntary. Vacancies in extra curricular positions shall be posted on teacher bulletin boards at least fifteen (15) days in advance of filling of such positions. Each extracurricular advisor shall submit to his/her principal a one page bulleted report at the end of the academic year outlining the activities in the extracurricular position during the school year. Any rehired coach impacted negatively by the implementation of the three step schedule will be placed on the next step level. For the 2010-2011, 2011-2012 and 2012-2013 school years, the athletic salary schedule will be as follows:

A.  Coaches Salaries 2010-2011

*The Athletic Director shall be released from a daily duty period in order to perform Athletic Director duties.

B.  Advisors’ Salaries

ARTICLE 28-SALARY SCHEDULE

ARTICLE 28-SALARY SCHEDULE

ARTICLE 29-TECHNOLOGY PROFICIENCY

Over a three (3) year period, a technology proficiency would be established. By the end of the first year, a committee of three (3) faculty members, two (2) school committee members, one (1) administrator and the Technology/Grant/Project Teacher will determine what computer competency entails, given level of access, and how said competency would be measured.

During the term of this Agreement, no faculty member will be disciplined, discharged or adversely evaluated for failure to attain proficiency provided that the individual is making reasonable efforts to achieve proficiency.

The School Committee is prepared to dedicate an appropriate portion of the staff development funds to provide training to allow for the acquisition of said competencies.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their representative hereunder duly authorized on this day of _______________, 2010. This contract, as specifically amended or modified, including date changes, shall continue in effect through August 31, 2013 as voted by the North Brookfield School Committee and approved by the North Brookfield Teachers’ Association.

NORTH BROOKFIELD                                           NORTH BROOKFIELD
SCHOOL COMMITTEE                                           TEACHERS’ ASSOCIATION

___________________________                              ____________________________

___________________________                              ____________________________

___________________________                              ____________________________

___________________________                              ____________________________

___________________________                              ____________________________

DRUG AND ALCOHOL POLICY

1. Consumption of or being under the influence of any controlled substance during working hours, including school activities held outside school hours, may result in disciplinary action. The term controlled substances’ includes alcohol. Prescription and over-the-counter medications taken in accordance with medical instructions are excluded from these regulations.

2. Employees who violate Section 1. are subject to referral for prosecution and disciplinary sanctions by the School Committee consistent with federal and state laws and the Collective Bargaining Agreement, that may include termination of employment and will further be in accordance with Article 21 I.F. of the Agreement.

3. At the discretion of the School Committee in circumstances related to the use of illicit drugs or alcohol, the School Committee may require an employee who has been in violation of Section 1. to enroll in a rehabilitation program. In such cases the employee will assume any program costs not covered by his/her town health insurance and will provide the School Committee with evidence of successful completion of the program.

4. If that employee enrolls in a rehabilitation program that requires time away from work or 24 hour residency, the School Committee will grant the employee a leave of absence for the duration of the program and the employee will be allowed to use sick leave for the period involved.

5. If an employee is suffering from drug or alcohol dependency and is not in violation of Section 1., that employee is encouraged by the School Committee to enroll in a rehabilitation program voluntarily. The employee will assume any program costs not covered by his/her town health insurance policy and will provide the Committee with evidence of successful completion of the program and will be allowed to use sick days.

SIDE LETTER

Any teacher who applies for and is accepted to work in curriculum or similar committees outside of school hours shall be compensated at the rate of thirty ($30.00) dollars per hour.  Any teacher who applies for and is accepted to present programs outside of school hours shall be compensated at the rate of fifty ($50.00) dollars per hour.

SIDE LETTER

Since the State has adopted new regulations regarding “regular compensation” the parties will meet to deal with Article 10, Section VIII not later than November 15, 2007, to determine what, if anything, can be done to ameliorate the situation.

SIDE LETTER

In the event that the Great and General Court of the Commonwealth of Massachusetts passes legislation that will enable municipalities to purchase group health insurance through the Group Insurance Commission (GIC), the School District Committee and the Town will enter into immediate discussions with its employees concerning the possibility of such a purchase. These discussions will include, but will not be limited to, the possible acceptance of M.G.L., c. 32B, Section 19, a cost-benefit analysis of participation in the GIC, a timetable for making a decision on whether to participate, and the establishment of an on-going process for evaluating the costs benefit of purchasing group health insurance through the GIC.

APPENDIX

 FOR
SCHOOL NURSES

ARTICLE 1-RECOGNITION

Recognition same as teachers’ contract, however, under School Nurses, See Appendix.

ARTICLE 2 - MANAGEMENT RIGHTS

Management Rights same as teachers’ contract.

ARTICLE 3-GRIEVANCE PROCEDURE

Grievance Procedure same as teachers’ contract.

ARTICLE 4-WORK YEAR

I. The work year will consist of:
A.  One-hundred and eighty-one (181) student instructional days.

B.  Three (3) professional development days, provided nurses who attend professional development outside the normal work period will be excused from scheduled professional development days.

C.  The final instructional day of the school year shall be a half (½) day for students.

.

II. Nurses required to work additional days by the Committee or its agents will be compensated at a per diem rate derived by dividing the nurse’s effective annual salary by 184.

III. Nurses will not be remunerated for any unauthorized absence, and an amount equal to 1/184 of the nurse’s effective annual salary will be deducted for each absence so occurring. This offense may be subject to additional disciplinary action by the Committee.

IV. Same as teachers’ contract.

V. Same as teachers’ contract.

VI. Same as teachers’ contract.

VII. Same as teachers’ contract.

ARTICLE 5-WORKDAY

A. The nurse work day will be seven (7) hours in duration.

            1. Doesn’t apply to nurses’ contract.

            2. The nurses’ hours will be from 7:40 to 2:40.

B. Doesn’t apply to nurses’ contract.

C. The nurse will have a twenty-five (25) minutes duty free lunch other than at lunch or recess time for students.

D. Same as teachers’ contract.

E. Same as teachers’ contract.

F. Same as teachers’ contract except last sentence doesn’t apply.

G. Same as teachers’ contract.

H. Same as teachers’ contract.

I. Same as teachers’ contract.

ARTICLE 6-GENERAL CONDITIONS OF EMPLOYMENT

Same as teachers’ contract.

ARTICLE 7-RELIEF FROM NON-TEACHING DUTIES

Same as teachers’ contract.

ARTICLE 8-INCREMENTS

Same as teachers’ contract.

ARTICLE 9-DIFFERENTIALS

Same as teachers’ contract.

ARTICLE 10-SICK LEAVE

I. Same as teachers’ contract.

II. Same as teachers’ contract.

III. 12/184

IV. Same as teachers’ contract.

V. Same as teachers’ contract.

VI. Same as teachers’ contract.

VII. Same as teachers’ contract.

ARTICLE 11. SICK LEAVE BANK

Same as teachers’ contract.

ARTICLE 12-MATERNITY LEAVE

Same as teachers’ contract.

ARTICLE 13-PERSONAL LEAVE

Same as teachers’ contract.

ARTICLE 14-FUNERAL LEAVE

Same as teachers’ contract.

ARTICLE 15-20

Same as teachers’ contract.

ARTICLE 21-NURSE EVALUATIONS AND FILES

I. Same as teachers’ contract.

II. Same as teachers’ contract.

III. Same as teachers’ contract.

IV. The school nurse will be evaluated by January 15th and May 15th by both the High School Principal and the Elementary School Principal. The principals completing the evaluation will sit individually with the school nurse to discuss the evaluation and offer suggestions for improvement. These evaluations will be completed separately and submitted to the Superintendent of Schools.

ARTICLE 22-REDUCTION IN FORCE

Same as teachers’ contract.

ARTICLE 23-SAVINGS CLAUSE

Same as teachers’ contract.

ARTICLE 24-PART-TIME NURSES

Same as teachers’ contract

ARTICLES 25-27

Same as teachers’ contract.

ARTICLE 28-NURSES’ SALARY SCHEDULE

See Attached Schedule.

APPENDIX - SCHOOL NURSES
SALARY SCHEDULE

Nurses will be placed on the Teacher Schedule, Bachelors Lane.

ATTACHMENT A

CURRICULAR COORDINATORS

Performance Expectations:

1. Analyze test information, including MCAS, and identify areas of strength and weakness of test results.

2. Provide to teachers samples of lesson plans that ensure coordination to Frameworks and to the written curriculum.

3. Coordinate the revision of North Brookfield curriculum, as necessary, based on the analysis of test results and instructional planning.

4. Provide monthly reports to the principal on the status of accomplishment of each aforementioned expectation #1-3.

5. Write a summary report of recommendations and accomplishments in each of the expectations #1-3 in June.

6. Review existing curricular materials, including text, and make recommendations for material purchase.

7. Meet monthly with all curricular coordinators to ensure coordinated response to curricular revision.

ATTACHMENT B

MENTORING POSITIONS

Performance Expectations:

1. Provide to assigned new teachers information to include the provision of copies of all relevant District policy and procedure, contracts and other necessary information.

2. Meet individually with assigned new teachers at least once a month for at least one (1) hour.

3. Identify in writing to the principal all needs as expressed by the new teachers.

 
4. Maintain confidentiality of all interactions.

5. Provide instructional support, particularly with regard to curricular frameworks and other educational reform obligations.

6. Participate in mentoring training provided by Department of Education or other providers as identified by principals.

7. Assist the administrator in grant writing activities to access funding to support the program.

8. Submit to the principal a confidential summary report documenting all interactions and providing recommendations for program revisions to include: topical areas, interventions and results.

ATTACHMENT C

SICK LEAVE ACCUMULATION

The North Brookfield Teachers’ Association and the North Brookfield School Committee agree that the current language in Article 10 Sick Leave is interpreted to mean that once a teacher reaches a total accumulation of one hundred forty (140) days that he/she is eligible to accumulate one (1) additional sick day for each additional year of service no matter how many sick days were used in the previous year or any other conditions.

NORTH BROOKFIELD                                           NORTH BROOKFIELD
SCHOOL COMMITTEE                                           TEACHERS’ ASSOCIATION

_________________________________        _______________________________

                                Chairman                                                                                                 President

Dated:  ____________                                               Dated:  ____________