Northampton-Smith Vocational Agricultural

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DistrictNorthampton-Smith Vocational Agricultural
Shared Contract District
Org Code406000
Type of DistrictVoc-Tech/Agricultural
Union AffiliationMTA
Most Recent DocumentMOA
Expiring Year2011
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
County
ESE RegionPioneer Valley
Urban
Kind of Community
Number of Schools1
Enrollment464
Percent Low Income Students40
Grade Start9
Grade End12
download pdf version of this document view accessible version of this document Smith Vocational

 

 

 

 

 

AGREEMENT

 

 

BETWEEN

 

 

THE BOARD OF TRUSTEES

 

SMITH VOCATIONAL & AGRICULTURAL HIGH SCHOOL

 

 

AND

 

 

NORTHAMPTON TEACHERS ASSOCIATION

                                                       UNIT D

 

 

 

 

 

 

 

 

 

 

                           JULY 1, 2007 – JUNE 30, 2010

 

Extended by MOA to June 30, 2011

 

 


                                                                    CONTENTS

 

Preamble                                                                                           1

Recognition                                                                                       1

Article I           Board of Trustees Rights                                                                 2

Article II         Savings Clause                                                                                 2

Article III        Prohibition Against Strikes                                                              2

Article IV        Nondiscrimination Clause                                                                3

Article V         Negotiation Procedure                                                                     3

Article VI        Grievance Procedure                                                                        4

Article VII      Teacher Classification, Employment & Assignment                       6

Article VIII     Evaluation of Teachers                                                                    8

Article IX        Duties & Responsibilities of Unit D Personnel                             11

Article X         Non-teaching Duties                                                                      16

Article XI        Professional Improvement                                                             16

Article XII      Temporary Leaves of Absence                                                      17

Article XIII     Special Leave                                                                                 19

Article XIV     Substitute and Part-Time Teachers                                                22

Article XV      School Nurse                                                                                  23

Article XVI     Use of School Facilities                                                                 23

Article XVII   Workers' Compensation                                                                 23

Article XVII     Insurance, Annuity Plan and Credit Union                                  24

Article XIX     Salary Increments                                                                          25

Article XX      Department Heads                                                                         29

Article XXI     Reduction In Force                                                                        29

Article XXII   Salary Schedule                                                                             31

Article XXIII   Retirement Credit                                                                          31

Article XXIV   Professional Development                                                             32

Article XXV   Drug/Alcohol Free Workplace                                                       33

Article XXVI  Criminal Offender Record Information (CORI) Checks              34

Article XXVII  Entire Agreement Clause Duration                                               34

Article XXVIII  Duration                                                                                      35

Article XXVIX Agency Service Fee                                                                      35

 


Contents (cont.)

 

Appendix A    Salary Schedule Academic                                                            37

Appendix B/C  Vocational Dept. Heads, Academic, Dept. Heads ,

                        Guidance Personnel,  Coaches Salaries                                          39

Appendix D    Salary Schedule Vocational                                                           42

Appendix E     Non-Certified Nurse Salary Schedule                                                        44

Appendix F     Sexual Harassment Policy                                                               45

Appendix G    Family and Medical Leave Act Policy                                           48

                        Side Letter                                                                                      54


 

PREAMBLE

 

Recognizing that our prime purpose is to provide education of the highest possible quality and that good morale within the teaching staff of Smith's Vocational & Agricultural High School is essential to achievement of that purpose, we, the undersigned parties to this contract, declare that:

 

1.         Under the law of Massachusetts, the Board, elected by the citizens of Northampton, has final responsibility for establishing the educational policies of Smith's Vocational & Agricultural High School.

 

2.         The Superintendent/Director of Smith's Vocational & Agricultural High School (hereinafter referred to as the Superintendent/Director) has the responsibility for carrying out the policies so established.

 

3.         The Board of Trustees of Smith's Vocational & Agricultural High School has the responsibility for providing education of the highest possible quality.

 

4.         Fulfillment of these respective responsibilities can be facilitated and supported by consultation and free exchanges of views and information between the Board, the Superintendent/Director and the Northampton Teachers' Association in the formulation and application of policies relating to wages, hours and other conditions of employment for the professional staff, and so:

 

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

 

 

RECOGNITION

 

For the purpose of negotiations with respect to wages, hours, and other conditions of employment and any questions arising hereunder, the board of Trustees shall recognize the Northampton Teachers' Association as the exclusive negotiating agent and representative of the following employees at Smith Vocational & Agricultural High School, Unit D:

 

Vocational Instructors

Vocational Instructors with Special Education approval

Vocational Shop Department Heads

Academic Teachers

Certified Academic Special Education Teachers

Physical Education Instructors

Athletic Coaches

Academic Department Heads

Guidance Counselors

Librarians

School Nurse

School Psychologist

Coordinator of Media Services

 

The above noted employees which comprise Unit D may be referred to herein as Teachers.

 

 

ARTICLE I

BOARD OF TRUSTEES RIGHTS

 

1.01     The Board of Trustees is a public body established under, and with the powers provided by, the statues of the Commonwealth of Massachusetts, and nothing in this Agreement shall derogate from the powers and responsibilities of the Board of Trustees under the statutes of the Commonwealth or the rules and regulations of the agencies of the Commonwealth.

 

1.02     Except as otherwise provided in this Agreement, the Board of Trustees, whether acting itself or though its statutory agents as defined in the Education Reform Act of 1993, retains all powers, rights, duties, and authority which it had prior to entering this Agreement.  The exercise of said powers, rights, duties, and authority shall not be subject to the Grievance Procedure and/or Arbitration.

 

 

ARTICLE II

SAVINGS CLAUSE

 

2.01     If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found to be contrary to law, then such provisions or applications 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 will meet as soon as possible for the purpose of renegotiating the provision or provisions affected to insure compliance with the law.

 

 

ARTICLE III

PROHIBITION AGAINST STRIKES

 

3.01     Employees under this contract shall comply with the conditions set forth in Chapter 150E, Section 9A of the General Laws of the Commonwealth.

 

 


ARTICLE IV

NONDISCRIMINATION CLAUSE

 

4.01     In accordance with applicable federal and state laws, the Employer and the Northampton Teachers' Association, Unit D, agree not to discriminate against any Employee covered by this Agreement on the basis of age, gender, race, religion, color, creed, handicap, sexual orientation or national origin, place of birth, residence, or marital status.

 

4.02     The Sexual Harassment Policy & Grievance procedure applicable to employees covered by this Agreement is attached as Appendix F.  

 

4.03     The Association agrees it will not discriminate against persons covered by this Agreement on account of non-membership in the Association.

 

 

ARTICLE V

NEGOTIATION PROCEDURE

 

5.01     During the negotiation, the Board of Trustees and the Northampton Teachers' Association Unit D will present relevant data, exchange points of views, and make proposals and counter proposals.  The Board will make available to the Association for inspection all pertinent public records of Smith's Vocational and Agricultural High School.  Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiation.

 

5.02     The parties acknowledge that during the negotiations that resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.  Therefore, the Board and the Association, for the term of this Agreement, each unqualifiedly and voluntarily waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though the subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.  This Agreement may not be modified in whole, or in part, by the parties except by an instrument in writing duly executed by both parties.  Nothing in this Agreement which changes preexisting Board rules and policies shall operate retroactively.  This Agreement constitutes the Board of Trustees' policy for the term of said Agreement and the Board shall carry out the commitments contained herein and give them full force and effect as Board policy.  The Board of Trustees shall amend its rules and policies and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement.

 

Nothing in this Article precludes a mutual change of policy, rules, or regulations which affects wages, hours, or working conditions.  Any such agreement reached subsequent to the execution of this contract will be reduced to writing, signed by both parties, and become an amendment to this Agreement.

 

5.03     If any agreement is reached, it will be presented to the Board of Trustees as a joint recommendation of the Superintendent/Director and the Northampton Teachers' Association Unit D if the matter is one upon which Board action is necessary.  If the Board disagrees with such joint recommendation, it will not reject it without further negotiation with the Northampton Teachers' Association Unit D in a good faith effort to resolve the disagreement.

 

5.04     For the duration of this contract, the Board shall make no change in policy which affects wages, hours, and other conditions of employment without negotiating such change with the Northampton Teachers' Association Unit D.

 

5.05     Representatives of the Northampton Teachers Association, designated in advance to the administration, will be notified of all Board of Trustees meetings at the time such notification is given to the Trustees and will be provided with copies of the agenda.  In addition, the Association representatives will receive copies of all materials provided to the Trustees in advance of the meeting, including but not limited to, minutes subject to approval, but excluding confidential material, including, but not limited to materials relating to any executive session.  If additional materials are distributed to the Trustees at the open meeting, copies will be provided to the Association as well.

 

 

ARTICLE VI

GRIEVANCE PROCEDURE

 

6.01     DEFINITION.  Any claim by the Northampton Teachers' Association Unit D or a teacher that there has been a violation, misinterpretation, or misapplication of the terms of this Agreement, or violation of any established written policy, shall be subject to the Grievance Procedure.

 

6.02     TIME LIMITS.  All time limits herein shall consist of calendar days exclusive of legal holidays, Saturdays and Sundays.  The time limits indicated hereunder will be considered maxima unless extended by mutual agreement in writing.  In the event a grievance is filed which cannot be resolved to the satisfaction of the Association prior to the termination of this contract using the normal time limits set out herein the Association may submit the grievance directly to arbitration in accordance with level four of this procedure.

 

6.03.    LEVEL ONE.  A teacher with a grievance will present it to his/her immediate supervisor in writing either directly or through the Association within thirty (30) days of occurrence or knowledge thereof.

 

LEVEL TWO.  If the grievance is not resolved to the satisfaction of the grievant or the Association within five (5) days after submission at Level One, the teacher or the Association may present the grievance in writing to the Superintendent/Director.

 

LEVEL THREE.  If the grievance is not resolved to the satisfaction of the grievant or the Association within five (5) days after submission at Level Two, the teacher or the Association may present the grievance in writing to the Board of Trustees.

 

LEVEL FOUR.  If the grievance is not resolved to the satisfaction of the Association within ten (10) days after submission to Level Three or five (5) days after the next regularly scheduled meeting of the Board of Trustees, the Association may submit the grievance to the American Arbitration Association for binding arbitration in accordance with their current rules.  The decision of the arbitrator shall be final and binding on both parties.

 

6.04     The arbitrator shall hold hearings promptly and unless the time shall be extended by mutual agreement, shall issue his/her award not later than thirty (30) days (including Saturdays, Sundays, and holidays) from the date of the closing of the hearings or the date final briefs are due, as the case may be.

 

The arbitrator's award shall be in writing and he shall have only the power to interpret what the parties to the Agreement intended by the specified clause in the Agreement which is at issue.

 

6.05     GENERAL PROVISIONS.

 

1.         The Northampton Teachers' Association and the Board of Trustees shall have the right to use in its presentation at any level of this grievance procedure any representative of its own choosing.

 

2.         The costs for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel and subsistence expenses, will be borne equally by the Board of Trustees and the Northampton Teachers' Association.

 

3.         An employee, under this contract may present a grievance to his/her employer and have such grievance heard without intervention by the exclusive representative of the employee organization representing said employee, provided that the exclusive representative is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the employer and the exclusive representative.

 

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.  However, in those cases, the time limits set forth in Level Four and the time for filing set forth in Level One will apply.

 

5.         No reprisals of any kind will be taken by the Board of Trustees or the school administration against any teacher because of his/her participation in this Grievance Procedure.

 

6.         The Board of Trustees and the Administration will cooperate with the Association in its investigation of any grievance, to the extent permitted by state law and further will furnish the Association with such information as is requested for the processing of any grievance.

 

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, in the judgement of the Association, a grievance affects a class or group of teachers, the association may submit a grievance in writing to the Superintendent/Director directly and the processing of such grievance will be commenced at Level Two and the time for filing set forth in Level One will apply.

 

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 therefore and will be transmitted promptly to the grievant and/or the Association.

 

6.06                 When it is necessary for a member of the Association to investigate a grievance, or to attend a grievance meeting or hearing held by the American Arbitration Association during a school day, he will be released without loss of pay as necessary in order to permit participation in the foregoing activity.

 

 

ARTICLE VII

TEACHER CLASSIFICATION, EMPLOYMENT AND ASSIGNMENT

 

7.01     TEACHER CLASSIFICATION.

 

1.         Academic Teachers - any teacher involved in teaching academic subjects (English, Math, Science, History, etc.).

 

2.         Vocational Teachers - any teacher not teaching academic subjects.

 

3.         In any circumstance where no clear cut certification is generally recognized as applicable for a particular bargaining unit position, the Association will be provided with a copy of a job description for the position which will include the certification requirements for the position.

 

7.02     TEACHER EMPLOYMENT AND ASSIGNMENT.  All teachers, counselors, and special teachers shall qualify for a position at Smith Vocational and Agricultural High School under the General Laws of the Commonwealth of Massachusetts.

 

7.03     CHARACTER AND ATTITUDES.  All teachers, while in the service of Smith's Vocational & Agricultural High School, shall affirm and accept their responsibility to practice their profession according to the highest ethical standards.  They shall recognize the supreme importance of the pursuit of truth, the encouragement of scholarship, the promotion of democratic citizenship and the development of vocational and agricultural skills.  They shall regard as essential to these goals the protection of freedom to learn and to teach, and the guarantee of equal educational opportunity for all.

 

7.04     NONDISCRIMINATION.  All teaching personnel shall be chosen on the basis of their worthiness without regard to age, gender, race, religion, color, creed, handicap, sexual orientation or national origin, place of birth, residence, or marital status.

 

7.05     TEACHER APPLICATIONS.  Candidates for all positions in Unit D shall apply for a position on the basis of professional and legal qualifications.  All letters of application shall be directed to the Superintendent/Director's office.

 

7.06     EXPERIENCED TEACHERS.  Experienced teachers entering Smith's Vocational & Agricultural High School may be allowed full credit for previous teaching experience up to five (5) years.  Teaching experience beyond the five years acquired in other school systems will be evaluated by the Superintendent/Director..

 

7.07     PERSONNEL FILES.  No material originating after original hiring which is derogatory to a teacher's conduct, service, character, or personality will be placed in his/her personnel file unless the teacher has had the opportunity to review the material.  The teacher will also have the right to submit a written answer to such material, and his/her answer will be reviewed by the Superintendent/Director and attached to the file copy.

 

A single personnel file will be kept in the Superintendent/Director’s Office and will be kept up to date.  No other official personnel file shall exist for any employee.

 

Any complaint against a teacher requires that the teacher must be informed of all details as promptly as possible in order to defend himself.  The above information must be furnished by the appropriate administrator.

 

If a member is to be disciplined or reprimanded by a member of the administration, he/she will be entitled to have a member of the Association present.  No teacher with professional teacher status will be disciplined, receive a written reprimand, be reduced in rank or salary, suspended or terminated without just cause.

 

No school nurse with three or more years of service will be disciplined, receive a written reprimand, be reduced in rank or salary, suspended or terminated without just cause.

 

7.08     CONTINUING APPOINTMENTS.  All members of the bargaining unit who have achieved professional teacher status as defined in Chapter 71, Section 41 of the General Laws shall be subject to the laws regarding continuing appointments.

 

7.09     TERMINATING POSITION.  Teachers shall agree not to leave their positions during the school year for another position except under extraordinary circumstances which may be sufficient reason for cancellation of the contract in which case, thirty (30) days' notice shall be given to the Superintendent/Director.

 

7.10     VACANCIES IN SYSTEM.

 

A.        Notice of any new position and vacancies will be posted fifteen (15) calendar days, exclusive of school year vacation periods, prior to the close of applications to enable all qualified teachers or coaches to have an equal opportunity to apply.  During July and August, all teachers will be notified of vacancies by SVAHS e-mail.  No other notification of vacancies will be provided unless a faculty member has submitted, no later than the last day of the school year, stamped, self-addressed envelopes, along with a written request that he/she be given written notification of vacancies.

 

If emergency teacher appointments are made after notification received on or after August 1st, those appointments will be considered temporary and will be regarded as vacant on June 15th of the next year.  Any appointment made in emergency situations will be advertised for seven (7) days.

 

B.        Candidates for positions covered by this Agreement shall apply to the Superintendent/Director.  Formal written application shall then be made on forms appropriate to the position sought.

 

C.        In the event that there are several equally qualified individuals for a position as determined by the Superintendent/Director, preference will be given to teachers currently employed by the Trustees.

 

 

ARTICLE VIII

EVALUATION OF TEACHERS

 

8.01     Teacher evaluation is identifying, gathering and using information as part of an ongoing process to improve professional performance and to judge total job effectiveness.

 

8.02     The Superintendent/Director and the Principal/Assistant Director, the Dean of Students and Coordinators may evaluate teachers.  The Superintendent/Director shall insure that evaluators have training in general principles of supervision and evaluation and have or have available to them expertise in the subject matter and/or area to be evaluated.  Department Heads will continue to provide input in the evaluation procedure and will be considered experts in the area/subject matter/field for the purpose of this Article.

 

8.03     The ongoing evaluation cycle shall consist of conferences and observations between the authorized evaluator and the teacher to be evaluated as necessary.  There shall be a minimum of fifteen (15) school days between observations of a teacher by an evaluator or evaluators.

 

8.04     All observations of a teacher's performance shall be conducted by the authorized evaluator and with the full knowledge of the teacher and for a minimum duration of fifteen (15) minutes.

 

8.05     At the beginning of each ongoing evaluation cycle, the authorized evaluator and the teacher shall meet to select the date, the time (or class period), and the subject matter being taught, of the lesson to be observed and to set any specific goal.  If the authorized evaluator and the teacher fail to reach agreement on the evaluation cycle, then the authorized evaluator shall set the date, time and class to be observed.  The evaluator shall provide the teacher with a copy of the observation and evaluation instruments and an explanation of the instrument prior to the observation.  The foregoing process shall be repeated prior to each observation.

 

8.06     No adverse comments shall be given to teachers by evaluators in the presence of pupils, parents, or other teachers.

 

8.07     Following every observation of a teacher, the evaluator(s) shall meet with the teacher to discuss the observation report and plan for the next observation pursuant to 8.05 above.  The meeting shall be at the mutual convenience of the teacher and the evaluator(s) within ten (10) school days of the observation.

 

8.08     Following the final observation of a teacher, the authorized evaluator(s) shall meet with the teacher to discuss the evaluation report.  The meeting shall be at the mutual convenience of the parties within (10) days following the final observation.

 

8.09     Evaluation Reports must recognize areas of strengths as well as identifying any areas needing improvement.

 

8.10     For areas identified as needing improvement, the observation and evaluation reports must provide specific recommendations of improving performance in those areas.

 

8.11     The teacher being evaluated may gather and provide additional information on his/her performance and submit it to the evaluator.

 

8.12     The teacher shall sign the observation and evaluation report indicating he/she has seen it, but the teacher's signature does not necessarily indicate agreement with the contents.  The teacher shall have the right to make a written statement which shall become part of the final evaluation report.  The statement must be submitted within fifteen (15) school days after receipt of the evaluation report.

 

8.13     A copy of each observation and evaluation report shall be filed in the teacher's personnel file, and a copy provided to the teacher following the discussion referred to in 8.08 above.

 

8.14     An unsatisfactory evaluation may be grieved, but only on the grounds of bad faith or discrimination.

 

8.15     Evaluation of Teachers Without Professional Status:

 

a.         Teachers without professional status shall be evaluated at least twice a year.  The first observation and conference shall be no later than December 1st and the second observation and conference not later than April 1st.  Appropriate adjustments will be made for teachers hired after September.

 

b.         For teachers without professional status, a third observation is at the request of the teacher.

 

8.16     Evaluation of Teachers With Professional Status:

 

a.         Teachers with professional status shall be evaluated every two (2) years.  In the year in which they are evaluated, the evaluation process will be completed by April 1st.  In the event the teacher is not meeting expectations, he/she may request a second evaluation by a mutually agreed upon authorized evaluator.

 

8.17     Bypass of Normal Procedure.  While the instrument provides an excellent professional service to the majority of our teachers without professional status, the Board of Trustees and the Association recognize that there may be rare cases within the first 90 school days of employment where it would prevent management from responding to emergency situations affecting the safety and well-being of children.  In such cases, teachers would be speedily observed, notwithstanding, the regular procedure by a management team consisting of the Principal and Department Head to evaluate the person's capacity to remain in a teaching position.  The team shall conduct a formal observation which will last no less than 30 minutes.  The team or a designated member of the team will meet with the teacher after the observation, at a time determined by the team, giving the teacher specific recommendations for improvement.  The team will not re-evaluate the teacher until at least the 3rd school day after the post observation meeting.  The refusal of the teacher to meet after the observation will excuse the team from the meeting requirements.  A recommendation of this team shall be made to the Superintendent for consideration.  The Superintendent's decision shall be final and subject to the grievance procedure only on the grounds of bad faith or discrimination by the management team.  Failure of the team to follow the bypass procedure will constitute bad faith.  This emergency clause would be implemented with the full knowledge of Unit D and the teacher.

 

8.18     The above notwithstanding, the School Nurse will continue to be evaluated using the established evaluation form and procedure.

 

8.19     The Northampton Teachers Association, Unit D, and the Board of Trustees of Smith Vocational and Agricultural High School, as part of the terms and conditions of settlement to the collective bargaining agreement, dated July 1, 2007 through June 30, 2010, hereby agree to establish a joint labor management committee on employee evaluation, to begin its work immediate upon execution of the successor agreement.

 

            Said Joint Labor Management Committee will consist of six (6) members, equally divided between those appointed by and representing the Board of Trustees and those appointed by and representing the Association.  This will not prevent the Board or the Association from including consultants or other representatives on a non-voting basis.

 

            The Joint Labor Management Committee will be charged with investigating and recommending a bi-annual model for the evaluation of professional status teachers, including a two-year evaluation instrument, providing for formal evaluation on a bi-annual basis, and exploring self-assessment models for evaluation in the alternate years.  The Committee will prepare recommendations for review and negotiation by the Association and the Board of Trustees, and will be expected to complete its work within six (6) months of the ratification of the successor agreement.  No modification of the current system of evaluation will be implemented until the negotiation process is complete, and the agreed upon changes have been reduced to writing and ratified by the Association and the Board of Trustees.

 

8.19     The parties have agreed to the job descriptions and evaluation instruments for the positions of department head, school nurse, interim support setting instructor, bilingual community outreach/social worker, special education team chairperson, guidance counselor, school adjustment counselor.

 

 

                                                                   ARTICLE IX

                        DUTIES AND RESPONSIBILITIES OF UNIT D PERSONNEL

 

9.01     Each teacher should exercise his or her employment in a manner consistent with the highest ideals of professional service.

 

9.02     All teachers shall familiarize themselves with his/her contract and perform all duties according to this contract.  Upon execution of this Agreement, the Agreement will be posted to the SVAHS website and/or shared file.

 

9.03     HOURS OF DUTY

 

A.        All teachers are to be in their respective rooms ready to receive pupils fifteen (15) minutes before the hour of commencing school, and to remain fifteen (15) minutes after the session; however, the foregoing shall not relieve teachers from faculty, Department and Committee meetings, parent conferences, open house, extra help for pupils and evening meetings related to school programs.

 

B.        Curriculum/In Service Days with released time and at which attendance is mandatory for all teaching personnel will be held as needed.

 

C.        Work Year

 

            1.         The employee work year will be one hundred eighty-five (185) days, scheduled for the period of Wednesday and Thursday before Labor Day (a workday shall not be scheduled for the Friday before Labor Day) and the last day of June, of which one-hundred eighty (180) days shall be instructional days for students, one (1) orientation day immediately prior to the opening of the school, two (2) days for curriculum or professional development (one (1) such day to be split into one-half (1/2) day for classroom preparation and one-half (1/2) day for professional development, and two (2) professional days.  In addition, five (5) days may be scheduled as emergency days which will be removed from the calendar if none are used.

 

            2.         Sunday Open House to count as one (1) professional day.

 

            3.         A Joint Labor Management Committee will meet for the purpose of discussing the use of professional days.  The Committee will have advisory capacity only, and the right to schedule the days and to determine the work to be performed on that day will remain in the sole discretion of management.  The list of potential activities for professional days generated in negotiations will form the basis for the Joint Committee’s discussions, as well as management’s determination of the work to be performed.

 

D.        The school nurse will be compensated at his/her per diem rate for ten (10) additional days beyond the regular work year set out in Section 9.03(c)(1).  These additional days will generally be scheduled in the following manner: up to five (5) days after the conclusion of the regular work year and up to five (5) days prior to the beginning of the work year.

 

E.         A newly-hired teacher shall be required to attend one (1) seven(7) hour orientation day prior to September 1 for which the teacher shall be paid one hundred fifty dollars ($150.00).  In addition, a newly-hired teacher shall be required to attend three (3) orientation sessions after school.  Additional sessions may be scheduled at which attendance is voluntary.  Administration agrees to make every effort to compensate attendees for these sessions as twenty-five dollars ($25.00) an hour.

 

F.         Teachers who apply for and perform authorized curriculum development work outside of the regular work day/work year will be compensated at the rate of $20 per hour.  Effective for the 2002-2003 school year, this rate will increase to $25 per hour.

 

G.        In addition to the foregoing, teachers will remain for 1 ½ hours on Wednesdays from 2:30 to 4:00 for five (5) Wednesdays each year (not to be scheduled in September or June) for administration assigned curriculum planning.

 

9.04     ABSENCES.  It shall be the duty of the teacher in time of sickness to notify the Principal/Assistant Director or his/her designee as early as possible that he will be unable to attend to his/her duties, so that a substitute may be provided.

 

9.05     LEAVING PREMISES.  Teachers may leave the school premises during a preparation period after notifying the Principal/Assistant Director’s office.  The amount of time out of the building should not exceed the length of a teacher's preparation period.

 

9.06     EMERGENCY SCHOOL CLOSING.  Whenever a school is closed during a term because of inclement weather or for any other reason, the teachers shall do any other work that may reasonably be expected of them under the direction of the Superintendent/Director.

 

9.07     STUDENT RECORDS.  Student records shall be kept and revealed in accordance with the provisions of Chapter 71, Section 34D, E, and F, of the General Laws.

 

9.08     DETAINING STUDENTS.  For the purpose of study or discipline, teachers may require pupils to remain after school thirty minutes, if necessary.  Any student entitled to free bus transportation shall be given one day's notice to enable the pupil to arrange for other transportation.

 

9.09     INVENTORY.  Teachers will make every reasonable effort to preserve and care for textbooks, apparatus, and other school property furnished for the use of their pupils.  When requested by the Superintendent/Director, Principal/Assistant Director, Head of Department, they shall report the number of each kind of books on hand, the number needed for the ensuing year; also the amount and kind of supplies required.  In case of mutilation, defacement, or loss of as school book by a pupil, disciplinary action will be taken by the teacher.

 

9.10     SUSPENSION OF STUDENTS.  Any teacher may recommend the suspension of a pupil for flagrant misconduct, provided that the suspension would be permissible under the disciplinary policy for students.  The Principal/Assistant Director or his/her designee may take the necessary steps to carry out the suspension.

 

9.11     SCHOOL PROPERTY.  Teachers shall be held responsible for the order and neatness of their respective rooms.  When damage is done to school property, they shall file prompt notice to the Superintendent/Director.  This does not imply that teachers will perform custodial duty.

 

9.12     TEACHER MEETINGS.  It shall be the duty of the teacher to attend all meetings called by the Superintendent/Director, Principal/Assistant Director, or Head of Department.  Teachers will be given timely written notice of any meetings called by the Superintendent/Director.  Meetings will not exceed one (1) hour in duration.  A monthly notice of established meetings will be posted.

 

            a.         Effective for the 2002-2003 school year, teachers will be compensated for attendance at IEP Team Meetings held before or after the regular teacher work year or workday.  Teachers will be compensated at the rate of $25.00 per hour.  An event sign-in sheet will be used to document attendance and signed off by the Team Chairperson.

 

9.13     PREPARATION PERIOD.

 

A.        Every reasonable effort will be made to grant vocational teachers an average of one (1) preparation period per day.  In the event it is not feasible to grant an average of one (1) preparation period per day, the nonacademic teacher shall be compensated at the following rates:

 

                        FY 08              $1093

                        FY 09              $1132

                        FY 10              $1171

 

B.        Academic teachers will have one preparation period during which they will not be assigned to other duties.

 

C.        Section 9.13 A & B apply only to teachers and do not apply to:

 

            Guidance Counselor

            School Adjustment Counselor

            Team Chairperson

 

9.14     A.        When teachers are called upon to cover classes after the senior class terminates its academic/shop year, teachers who had senior classes will be called first.

 

B.        The Principal will make every effort to keep non-teaching duties, including supervision on school grounds, cafeteria, corridors, sidewalks and buses at a minimum.  However, teachers may be assigned a non-teaching duty, provided that the preparation period and the duty-free lunch are not affected.  Necessary assignments will be made on an equitable basis among all available faculty, and duty assignment rosters will be posted for the information of all teachers.

 

            1.         The Principal will solicit volunteers to cover daily lunch duty.  Effective for the 2002-2003 school year, a volunteer will be paid $500 per semester for daily lunch duty.  If no teacher volunteers, or if a volunteer is unavailable on any given day, the Superintendent/Director, Principal/Assistant Director or designee, reserves the right to assign a teacher to cover lunch duty.  Temporary or emergency coverage will not be a paid duty.  In the event that campus monitors go into effect, the Board reserves the right to discontinue this stipend.

 

9.15     LUNCH PERIOD.  Teachers will have a duty-free lunch period of at least the length of a regular student lunch period.  The parties agree and acknowledge that due to emergency medical problems, the duty-free lunch period for the School Nurse may be interrupted.

 

9.16     PROTECTIVE CLOTHING.  If any member is required to wear special protective clothing or device as a condition of employment, such clothing or device shall be furnished by the Employer.  Excluded are safety shoes and prescription safety glasses.  However, the Board agrees to provide one (1) replacement prescription safety glasses during the term of this Agreement upon receipt of appropriate receipts.

 

9.17     Effective for the 2003-2004 school year, teachers will be notified prior to June 30th of the preceding school year of their assignments for the next year, including grade level and the subjects they will teach and any special or unusual circumstances that apply.  This provision or any necessary subsequent change to a teaching assignment, shall not be subject to the arbitration clause.

 

9.18     CLASS SIZE.  The parties agree that every effort will be made to provide for equitable class size and distribution of the students among the teachers in a given program or department.  This provision will not be subject to the grievance and arbitration clause.  With the expressed understanding that what is reasonable for specialized and non-specialized classes will differ.

 

9.19     LESSON PLANS

 

            Effective October 1, 2006, teacher instruction shall be guided by written subject area curriculum and lesson plans.  Critical elements of a lesson plan shall include a statement of objectives, a description of the tasks to be done by the teacher and students for that lesson, a description of the assessment used to ascertain attainment of the objectives and students’ mastery of the materials covered, and the alignment of the lesson to related state-approved standards and frameworks.  The Board of Trustees shall make available to teachers a lesson plan format on computers within the school and on their home computer, which a teacher may use to fulfill this responsibility.  However, such computer-generated lesson plans are not mandatory.

 

 

ARTICLE X

NON TEACHING DUTIES

 

10.01   SPECIAL ASSIGNMENTS.  In addition to teaching and supervision, each teacher is subject to assignments of reasonable added professional responsibilities by the Superintendent/Director.  The following are not professional duties:

 

A.        Checking and collecting student fees, health forms, insurance forms, and library books.

 

NOTE: The teacher will be responsible for initial distribution and collection of forms only and will not be required to conduct follow-ups.

 

10.02   EXTRA-CURRICULAR ACTIVITIES.  Teachers will be responsible for extra-curricular activities on a voluntary basis.  All extra-curricular activities shall be posted for the benefit of the whole faculty fourteen (14) days, exclusive of school year vacation periods, prior to any appointment.  Positions posted during the summer recess will be posted for thirty (30) days.

 

10.03   DUTY NOT RELATED TO TEACHING.  Any vocational teacher who is required to perform a duty not related to teaching shall be compensated at his/her current per-diem rate.

 

 

ARTICLE XI

PROFESSIONAL IMPROVEMENT

 

11.01   CONVENTION POLICY.  It is agreed that teachers should attend as many professional conferences as possible to maintain awareness of current trends in education and promote professional growth.  Teachers will be reimbursed for the reasonable expenses (including fees, meals, and transportation) incurred by them when they attend workshops, seminars, conferences, or other professional improvement sessions at the request and/or with the advance approval of the Superintendent/Director.

 

11.02   VISITING DAYS.  Teachers may apply to Superintendent/Director for up to two (2) visiting days each year for visiting schools or other appropriate sites in Northampton or elsewhere.  The Superintendent/Director must be consulted at least two (2) days before the proposed visit.  Prior approval of the Superintendent/Director must be obtained prior to making the visit.  Teachers may be required to submit a report of such visits.  Teachers should include in their budget projected visiting days expenses.  These days will be granted on the basis of their importance to the school.

 

 

ARTICLE XII

TEMPORARY LEAVES OF ABSENCE

 

12.01   SICK LEAVE

 

A.        Full-time teachers shall accumulate sick leave days at the rate of 1 1/4 days for each month worked during their contract year.  Unused sick leave days will accumulate without limit.

 

Teachers will be credited in advance with the full year's sick leave entitlement on the first day of the school year, provided that they are present for and work the first day of the work year.  This amount will be prorated for teachers who begin employment at mid-year or who may be absent due to unpaid leave.

 

Employees who leave employment and who have used such advanced leave in excess of that which they would have accumulated (earned) by the above formula, through the date of termination, will have the amount of unearned (but used) sick leave deducted from their final check.

 

B.        Absence from work due to illness of the employee will be charged against that employee's accumulated sick time.

 

C.        The employee may use his or her accumulated sick time for illness of a member of the employee's immediate family.  This shall not be construed to mean a continuing absence but rather an emergency type of situation for a period of one calendar week.  Effective in the 1999 - 2000 contract year, this shall be one calendar week in one school year.

 

D.        Any teacher whose personal illness extends beyond the period compensated by Sections B and C above will be granted a leave of absence without pay for such time as is necessary for complete recovery from such illness.

 

E.         The Superintendent/Director or Board of Trustees upon request will be furnished with a medical certificate in the case of extended absence or unusual circumstances.

 

F.         A teacher who has had at least ten (10) years of service at Smith's Vocational & Agricultural High School and who, because of a continuous serious illness exhausted his/her sick leave, must apply to the Superintendent/Director for an advance of up to twenty (25) working days prior to proceeding to the Sick Leave Bank.  This leave, if granted, can only be utilized prior to applying for the Sick Leave Bank.

 

G.        Employees covered by this Agreement may participate in the established Sick Leave Bank in effect for Smith School employees.  It is understood that the decisions of the Sick Leave Bank Committee are not subject to the grievance and arbitration provisions of this Agreement.  All paid leave provided under this Article must be utilized prior to applying for the Sick Leave Bank.

 

H.        Quarantine/Isolation Leave

 

            1.         If a teacher is directed by his administrator or by his/her physician to be absent from work due to the possibility that he/she, although not sick, may have been exposed to a contagious disease, he/she shall be placed on paid administrative leave.  This is subject to the following requirements:

 

                        a.         If it is a physician’s order, then the physician must provide a detailed written certification as to the reasons for the absence, length of absence, need for treatment and other pertinent information.

 

                        b.         The employee must follow any directive issued for appropriate care during the absence.

 

                        c.         The employee must provide a physician’s certification of fitness to work.

 

            2.         If the teacher does not meet any one of the above conditions, then the teacher shall not be on paid administrative leave, but rather shall have such absences deducted from his/her sick leave.

 

12.02   BEREAVEMENT LEAVE.  In the event of the death of a spouse, parent, child or domestic partner, paid leave of up to five (5) working days of said leave will be granted.

 

In the event of a death of a member of the immediate family of an employee, the employee will be granted paid leave of up to three (3) working days.  Immediate family is defined as employee's step-parent, foster parent, step-child, foster child, sister, brother, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law and sister-in-law and relative residing in household.

 

The entitlement to leave, as outlined above, applies to scheduled working days within five (5) days of the date of the death.

 

In the case of the death of the employee's following relatives, one (1) day of paid leave shall be allowed: aunt, uncle, niece, nephew, cousin.

 

In the event of the death of a non-relative living in the household, the employee will be granted one (1) day of bereavement leave to be deducted from sick leave.

 

With the consent of the Department Head and providing it will not impair/reduce the effective delivery of services, an employee scheduled to work may be granted up to four (4) hours of paid leave to attend the services of a deceased co-worker.

 

12.03   DEATH BENEFIT.  In the case of the death of a teacher, his/her estate shall receive the amount of money equal to the unused balance of his/her accrued sick leave, based on 1/200th of his/her current salary.

 

12.04   PERSONAL LEAVE.  Up to two (2) days of personal leave will be allowed per year for each full-time member of the teaching staff, without need for explanation of reasons.  These days may not be taken on a day preceding or following a vacation or holiday.  Exceptions to the latter limitation may be approved by the Superintendent-Director, at his/her discretion, for extenuating and documented circumstances.  Such requests will be filed directly with the Superintendent-Director.

 

            One (1) additional day of personal leave will be allowed per year, upon prior application and with the prior approval of the Superintendent-Director.  If such day is to be used for religious leave, it will be granted without further explanation  Otherwise, approval of said day will be limited to circumstances such as closing on a house, court appearances, or household emergency, or other imperative personal business obligations that could not effectively be conducted outside of school hours.

 

            Up to a total of three (3) days in any school year will be allowed for religious observance.  These days will be deducted from either sick or personal leave.  The teacher will notify the Business Office which deduction she/he prefers.

 

            A teacher will give written notice of a personal day to the Superintendent-Director using the request forms at least twenty-four (24) hours before the personal day is taken except in case of an emergency, when notification (and, if necessary, approval) may be made by telephone to be followed by written notice.

 

 

ARTICLE XIII

SPECIAL LEAVE

 

13.01   All teachers returned from leaves of absences granted in this article shall, upon request, be restored to the position they held at the time the leave was granted, provided such position is still in existence.

 

All benefits to which a teacher was entitled at the time his or her leave of absence commenced, including unused accumulated sick leave, will be restored upon his/her return.  Sick leave, however, cannot be accumulated during a special leave of absence.


 

A.        MATERNITY/ADOPTIVE/PARENTAL LEAVE.  Will be as provided by M.G.L. Chapter 151B, Section 4 (1) and Chapter 149, Section 105D or by the Family Medical Leave Act of 1993, under the provisions of Article 13.02 below, at the election of the teacher.

 

B.        SABBATICAL LEAVE FOR STUDY OR TRAVEL.  Teacher who has achieved professional teacher status teachers who have served seven (7) years at Smith's Vocational & Agricultural High School may, upon the recommendation of the Superintendent/Director and with the approval of the Board, be granted leave of absence for study or travel upon the following conditions:

 

1.         Not more than one member of the teaching staff shall be sent on sabbatical leave at one time.

 

2.         Request for sabbatical leave must be received by the Superintendent/

Director in writing in such form as may be required by the Superintendent/

Director no later than December 31 of the year preceding the school year in which the sabbatical leave is requested.

 

3.         Teachers on sabbatical leave will be paid at 3/4 of the annual salary rate, provided that such pay when added to any program grant shall not exceed the teacher's full annual salary rate.

 

4.         The teacher must file with the Board a written agreement to remain in the service of the Board for one full year in the event of a half year's leave or two full years in the event of a full year's leave.  If a teacher resigns within the year of the two-year period following the sabbatical, the teacher will refund to the City the sum of money proportionate to the unfulfilled period of time agreed to above.

 

5.         Teachers granted sabbatical leave of absence are required to report twice each semester to the Superintendent/Director.  This report must indicate the extent of the study of school systems either at home or abroad in case of sabbatical leave for travel, or the nature of the courses taken at a university and the application of these to the work of the individual concerned in the case of sabbatical leave of absence for study.  If reports are unsatisfactory, the leave may be terminated by the Board at any time upon the recommendation of the Superintendent/Director.

 

6.         In the case the number of applications shall exceed one, selections shall be made in accordance with the following principles:

 

a.         The needs of the school system.

 

b.         The length of service preference to be given to those longest in the service.

 

c.         Distribution by departments, care being taken that the number from any department should not be comparatively excessive.

 

d.         Nature of service, provision being made that the benefits of such leave of absence shall be distributed as fairly as possible.

 

7.         Regular annual increments shall be given for the time of leave, the same as for service in the school.

 

8.         A teacher may not be granted a second sabbatical leave of absence until seven (7) years after the date of return of the first leave.

 

9.         The School Nurse will be eligible for sabbatical leave to the extent provided by statute.

 

C.        TEMPORARY LEAVE OF ABSENCE.  Military leave will be granted according to the provisions of Chapter 33, Section 59 of the General Law of the Commonwealth of Massachusetts.

 

D.        EXTENDED LEAVE OF ABSENCE.

 

1.         A leave of absence without pay or increment of up to one (1) year will be granted for the purpose of caring for a sick member of the teacher's immediate family.  Additional leave may be granted at the discretion of the Board of Trustees.

 

2.         After five (5) years' continuous employment at Smith's Vocational and Agricultural High School a teacher may be granted a leave of absence, without pay, for up to one (1) year for health reasons.  Requests for such leave will be supported by appropriate medical evidence.

 

3.         Other leave of absence without pay may be granted by the Board of Trustees.

 

4.         Employees will not suffer loss of pay, sick leave, or personal days for subpoenaed court appearance.

 

E.         JURY DUTY.  An employee in the bargaining unit who serves on jury duty will continue to receive his/her regular pay from the City, provided the employee's supervisor certifies on the payroll that the employee is absent for jury duty.  When payment by the court for such jury duty is made, such payment exclusive of travel or any other allowances, shall be refunded to the City by the employee in the following manner:  the employee shall present to the Superintendent/Director's office either the check from the court endorsed over to the City of Northampton or a certification from the court as to the amount paid together with employee's personal reimbursement to the City.

 

An employee on jury duty shall be considered as being employed Monday through Friday.

 

It will be the responsibility of an employee who has been informed that his/her services will not be required on the following day to notify the School Department in time to cancel the need for a substitute.

 

13.02   The parties hereby agree to incorporate by reference the City of Northampton's policy on Family and Medical Leave, attached hereto as Appendix G, established pursuant to the Federal Family and Medical Leave Act, with the understanding that any benefit which may be established pursuant to this Agreement which is in addition to that available under the Family and Medical Leave Act (for example, short term family sick leave, leave for less than full time employees, or eligibility for sick leave bank coverage) will not be limited by this policy.

 

 

ARTICLE XIV

SUBSTITUTE AND PART-TIME TEACHERS

 

14.01   A substitute teacher will be eligible, after ninety-one (91) consecutive workdays at the same assignment, to be part of the bargaining unit.  Such substitute teacher shall be placed by the Superintendent-Director on the salary schedule and will not be eligible for any other benefits.

 

            The parties also agree that the Superintendent-Director will notify the Association of any appointment of a substitute teacher for forty-five (45), but not more than ninety (90) workdays.

 

14.02   After any substitute teacher has been substituting in the same position for more than three (3) consecutive days, said substitute shall be expected to assume and fulfill all the clerical and professional duties of the regular teacher.

 

14.03   REGULAR TEACHERS AS SUBSTITUTES.

 

1.         No teacher shall be asked to substitute for another except in case of emergency and to the extent possible within the limitation of providing the most effective schedule for the pupils.  Procedure for the assignment will be a rotating alphabetical roster.  An emergency is understood to be no more than one day in duration.  In those cases where regular substitutes are not available and a regular teacher voluntarily agrees to serve as a substitute during his/her preparation time, said teacher shall be paid twelve dollars and fifty cents ($12.50) for each period substituted.  Such arrangements will be made by the Superintendent/Director.

 

2.         Teachers who volunteer or are assigned to substitute for a coach or club advisor when said sport activity or club begins before the end of the regular school day will be paid twelve dollars and fifty cents ($12.50) for each period substituted, pro-rated for a half period ($6.25).

 

3.         If in the case of a shop instructor's absence a qualified shop person is not available, a substitute to relieve the related instructor will be hired, thus leaving the related instructor free to assume the duties in the shop.

 

14.04   PART-TIME TEACHERS.

 

A.        Part-time teachers may have a partial schedule every day or a full schedule certain days only.  Part-time will be pro-rated for purposes of salary, service credit and benefits.

 

B.        Part-time teachers who are required to attend curriculum days, workshop days, or meetings held before or after their professional duties will be compensated on an hourly rate based on their regular salary for the actual time worked.

 

 

ARTICLE XV

SCHOOL NURSE

 

15.01   The following provisions of this Agreement shall not apply to the School Nurse: 7.01, 7.06, 7.08, 9.05, 9.08, 9.13, 9.14, 10.01. 10.03, 14, 19.03, 19.04, 19.05. 21.

 

 

ARTICLE XVI

USE OF SCHOOL FACILITIES

 

16.01      USE OF BUILDINGS.  The Northampton Teachers' Association will have the right to use school buildings without cost at reasonable times for meetings.  The Superintendent/ Director will be notified in advance of the time of all such meetings.  Request for such use must be made and approved by the Superintendent/Director.

 

 

ARTICLE XVII

WORKERS' COMPENSATION

 

17.01   Workers' Compensation shall be in accordance with the General Laws of Massachusetts, Chapter 152, Section 69.  An employee who is entitled to any sick leave allowance may take such of his/her sick leave allowance as when added to the amount of any disability compensation herein provided will result in the payment to the employee of his/her full salary of wages.

 

 

ARTICLE XVIII

INSURANCE, ANNUITY PLAN AND CREDIT UNION

 

18.01   GROUP LIFE AND HEALTH INSURANCE.  Any teacher is eligible for enrollment in any insurance plan whether life or health offered to the employees of the City of Northampton.  During the term of this contract, the employer agrees to pay at least 50% of health and life insurance premiums for plans offered to employees of the City of Northampton, except that, effective July 1, 2001, the employer agrees to pay eighty-five (85%) [eighty percent (80%) effective July 1, 2002] of the premiums for hospital and medical coverage in the City of Northampton’s group health insurance maintenance organization plan.

 

            The employer agrees to raise the current life and accidental death and dismemberment policy amount from $2000 to $5000 effective July 1, 2002, or when all bargaining units have executed a collective bargaining agreement with the City and School Department, whichever is later.

 

            Dental Insurance:  Effective July 1, 2001 the employer agrees to implement a voluntary Dental Plan.

 

            Flexible Spending Account:  Effective July 1, 2001 the Committee agrees to implement a voluntary Flexible Spending Account.

 

18.02   ANNUITY PLAN.  Teachers will be eligible to participate in a "tax-sheltered" annuity plan established pursuant to the United States Public Law No. 87-370.

 

18.03   GROUP HEALTH ACCIDENT INSURANCE.  In addition to the above fringe benefits, health-accident insurance is available to a regular teacher through the Northampton Teachers' Association.  Effective upon execution of this Agreement, the Board agrees to provide for payroll deduction of individual premium payments for MTA disability insurance with premium cost to be paid by the employee.

 

18.04   DUES DEDUCTION.  The Board hereby accepts the provisions of Section 17C of Chapter 180 of the General Laws and, in accordance therewith, shall certify to the Treasurer of Northampton all payroll deductions for the payment of dues to the Northampton Teachers' Association duly authorized by employees covered by this contract.

 

18.05   The Board of Trustees hereby accepts the amended provisions (amended by Chapter 785 of the Acts of 1969) of Section 1788 of Chapter 149 of the General Laws of Massachusetts and in accordance with, shall certify to the Treasurer of Northampton all payroll deductions for deposits in any credit union operated by members of a state association of teachers, provided that these deductions are for a contract year.

 

 

ARTICLE XIX

SALARY INCREMENTS

 

For the purpose of this article, all courses, degrees and travel must be approved in advance by the Superintendent/Director.  A teacher may advance laterally and vertically on the salary scale (whenever possible).

 

Teachers currently in the employ of the Board who have enrolled in a degree program (or who will have enrolled in a degree program) prior to July 1, 1976 will not have to seek said approval, and their degrees will be honored for salary purposes upon completion of the required work.

 

19.01   Professional Increments.  Four (4) professional increments of one hundred ($100.00) dollars each are available for professional study or its equivalent in travel.

 

A.        HOURS OF STUDY.  One (1) three (3) credit semester course of approved study is required for one increment.

 

To receive credit for any professional work done, actual attendance at the required number of classes is necessary.

 

B.        FIRST INCREMENT.  The first increment must be earned through study.

 

C.        SECOND, THIRD, FOURTH INCREMENTS.  The second, third and fourth professional increments may be earned through study or its equivalent in travel (vocational workshops, etc.).

 

D.        TRAVEL.  Only two (2) increments may be earned through travel.  One increment may be earned for domestic travel only when the trip consists of at least five (5) consecutive weeks of travel and for foreign travel only when the trip covers at least four (4) weeks of travel in foreign countries.

 

E.         TIME LIMIT ON COURSES.  Only one (1) one hundred ($100.00) dollar increment may be earned during any twelve-month (12) period except through full-time study.  An excess of credits earned in any one (1) year cannot be carried over to a succeeding year.  For this purpose, the twelve-month (12) period may be counted from July 1 to June 30.  This change will go into effect on July 1, 2003.  No teacher will be eligible to receive a double increment as a result of this change.

 

F.         TIME LIMITS ON INCREMENTS.  Once an increment is received for professional study, this increment remains as part of the teacher's salary as long as he/she is employed in the Smith's Vocational and Agricultural High School.

 

G.        Changes in salaries due to advanced study will be made twice a year, each September and/or February, only after the teacher’s submission of an official document from the college or university verifying successful completion of the course(s).

 

19.02   STEP MOVEMENT - ANNUAL INCREMENTS.

 

A.        No teacher shall receive more than four (4) annual increments in salary unless he/she presents evidence of professional study in his/her field, or in a related field, or in a field which has potential future relationship, or one which carries with in apparent self-improvement in either presentation or methodology, of work equal to six (6) college credits earned during each four (4) year period.  Travel and other factors worthy of recognition shall be treated in a like manner.  A standard "request for approval form" shall be submitted, in duplicate, acted upon, and returned within a ten-day (10) period.

 

B.        WITHHOLDING INCREMENTS. Any teacher whose work is judged unsatisfactory by the Superintendent/Director with the evaluation of the Head of the Department in charge of his/her work shall have his/her salary increases withheld even though he/she may be a teacher who has achieved professional teacher status.  This is provided, however, that the teacher has been given written notice of the reasons in advance of the awarding of contracts and provided that the teacher who has achieved professional teacher status, if he/she so requests, has been granted a hearing before the Board.

 

19.03               HORIZONTAL MOVEMENT ON SALARY SCHEDULE.

 

A.        For budgeting purposes, teachers must submit, in writing a statement of their intention to advance on the Salary Schedule by February 1 of the year preceding the September or February that advancement will occur.

 

B.        After completion of approved courses or courses which are part of an approved program, transcripts or written documentation should be kept on file in the Superintendent's Office.

 

19.04               EQUIVALENCY.

 

A.        Vocational teachers who meet the requirements of the Bureau of Vocational Educational will be placed on the appropriate level of the existing pay scale.

 

B.        Non-Academic secondary instructors, who have attained the following indicated levels of semester hour credits toward a B.A. or B.S. degree, shall be awarded the percentage shown of the differential between the first level (Certification) and the second level (Certification/Bachelor's level) as these levels exist in the salary schedule

 

Step 1              30 semester hours        30%

Step 2              60 semester hours        60%

Step 3              90 semester hours        90%

Step 4              120 semester hours     100%

 

This schedule only covers instructors hired before September 1, 1976.

 

            C.        Effective for the 2002-2003 school year, a column entitled “professional certification” will be added to the salary schedule attached as Appendix D.  The column will be a 50% split between the existing certificate and Certificate Bachelors columns.  A teacher may gain access to this column upon receiving an Associate’s degree or upon registering in a four (4) year degree program and completing sixty (60) credits towards that degree.

 

19.05               Qualification for Movement to Masters +30.

In order for courses to be credited for movement to MA+30, Appendix A or D, as appropriate, the following criteria must be met:

 

A.        The teacher must have previously qualified for the Master's degree column on the salary schedule.

 

B.        Credits which were used to qualify for the Bachelor's or for the Master's degree column may not, in addition, be used for movement to MA+30.

 

C.        Generally, all credits must be at the graduate level (unless said credits were earned as a prerequisite for a graduate level course).  Additionally, all credits must be earned after the attainment of the Master's degree column.  However, credits which were part of an accredited graduate degree program where the teacher did not complete that degree, and where such credits were not used to establish eligibility for the Master's degree column may be applied toward movement to Masters+30 if such credits are related to the teacher's assignment.

 

D.        Graduate credits which are not part of an accredited graduate program must be approved, in writing, by the Superintendent, after consultation with the principal.  Approval will be granted on the basis of the Superintendent's assessment of the relationship between the proposed course and the individual teacher's and the schools professional improvement plans and upon the potential of the course to improve student instruction.

 

E.         A teacher need not be reimbursed for tuition under Article 24.02 (B) in order to qualify for movement to Masters +30.

 

F.         All graduate credits from an accredited institution which are part of a teacher's advanced degree program and which were earned after advancement to the Master's degree column are eligible for horizontal movement on the salary schedule, including movement to MA+30.

 

G.        Beginning in the 2008-2009 contract year, a teacher with two (2) active and current teachers’ licenses in core academic subjects will be eligible for placement on the M+30 column, even if they do not have the thirty (30) credits necessary for such placement.  In additional, a vocational teacher is eligible for such placement if he/she has vocational license and a license in a core academic subject.

 

19.06   TRAVEL EXPENSES.  Teachers assigned any travel representing Smith's Vocational and Agricultural High School will be reimbursed at the rate authorized for City travel (if he or she is using their own vehicle) plus the cost of tolls and meals.  If not using their own vehicle (traveling by some commercial means of transportation), traveling expenses shall be reimbursed.  For the purposes of this section, travel anywhere within the state or within one hundred (100) miles of Smith School will be reimbursed at the in-state rate.

 

            All request for reimbursement for travel expenses will be submitted within thirty (30) days of travel.

 

19.07   At the next occurring renewal point, the Trustees will reimburse vocational instructors for license renewal fees to maintain required Chapter 74 license already held.  If the Trustees/Director/Superintendent requires a teacher in the vocational area, as a condition of employment, to secure a license in addition to the license(s) required for his or her Chapter 74 certification the employer will reimburse the teacher for maintenance and renewal fees for additional license requirement.

 


 

                                                                  ARTICLE XX

                                                         DEPARTMENT HEADS

 

20.01               The position of Department Head will be advertised as a vacancy every three (3) years.

 

20.02               If a vacancy occurs before the end of the three-year period, the replacement appointment will be for the remainder of such three-year period.

 

20.03               Department Heads shall be formally evaluated every two (2) years, in writing, by the Superintendent-Director or his/her designee.  Every other year, Department Heads will self-evaluate in writing.  Department Head evaluations will be based upon the currently approved job description and evaluation instrument.

 

20.04               The evaluator will use the evaluation instrument mutually agreed upon by the Trustees, Administration, and Unit D of the Association.

 

20.05               Any regular teacher performing the duties and accepting the responsibilities of Department Head after ten (10) consecutive school days shall receive the same differential pay scale for the duration of time he or she performs in the capacity of Department Head.

 

20.06               Heads of Department will be allowed to present their evaluation of candidates for openings within their departments and their recommendations will be considered in the appointment to fill each vacancy except for emergency appointments.

 

20.07               Upon the recommendation of the Superintendent/Director, the Department Heads will have the opportunity to visit other schools and attend conventions and conferences in order to keep abreast of current trends in their respective fields.

 

 

ARTICLE XXI

REDUCTION IN FORCE

 

21.01   Natural attrition and/or retirement shall be taken into account prior to invoking the provisions of this Article.

 

21.02   When it is necessary to reduce the number of teachers employed, teachers affected by a reduction in staff will be notified, in writing, thirty (30) calendar days prior to the time reduction will take effect.

 

 

A.        In the event of such reductions, teachers will be laid off in the reverse order of seniority.

 

21.03   Any teacher whose position is eliminated shall:

 

A.        be transferred to an open position for which he/she is qualified, certified, by the start of the next school year,

 

If this is not possible, then:

 

B.        replace an employee with lower seniority and where there is a position for which employee whose position is eliminated is qualified, certified by the next school year.

 

21.04   Seniority means an employee's continuous length of service years, months, and days in this bargaining unit.

 

21.05   Cases of identical seniority in the same subject area shall be resolved by granting preference to the teacher with the highest level of formal educational training as recognized on the salary schedule then in effect.  If these are identical then preference will be given to the teacher with the most years of teaching experience.

 

21.06   Teachers who have been laid off shall be entitled to recall rights for a period of one (1) full school year from the date of their layoff.

 

A.        During the recall period, teachers shall be notified by registered mail, return receipt requested, addressed to their last address of record, and given preference for positions for which they are qualified, certified or certifiable in the inverse order of their respective layoff.

 

B.        Teachers so notified shall have seven (7) calendar days (twenty [20] during the summer months) from the date the Board places on the registered mail receipt to respond, in writing, to claim the position.

 

C.        The Board shall not be held responsible for the failure of the postal service to deliver letters of notification or for the failure of the postal service to deliver letters of reply within specified time limits.

 

21.07   All benefits to which a teacher is entitled at the time of layoff shall be restored in full upon re-employment within the recall period.

 

21.08   During the recall period teachers who have been laid off shall be given preference on the substitute list.  Their employment will be at the established substitute pay rate.

 

21.09   Teachers on layoff may continue their group life and health insurance coverage during the recall period by reimbursing the City for the total premium costs.  Failure to forward premium payments to the City in accord with a mutually agreed upon schedule or the refusal to return to employment upon recall will terminate this option.

 

21.10   The Superintendent/Director will provide upon request a seniority list of teachers at the time Section 21.02, above, is invoked (in writing) to the Association.  Challenges to this list must be presented (in writing) to the Superintendent/Director within ten (10) school days from receipt of said list.

 

21.11   When layoff action occurs, the Association shall be notified, in writing, of all teachers to be laid off.

 

21.12   The Association shall be notified of any recall action taken if there are people on layoff.

 

21.13   Administrators will have reentry rights into this bargaining unit consistent with the above, based upon the amount of seniority accrued in the bargaining unit at the time of their appointment to an administrative position.

 

 

ARTICLE XXII

SALARY SCHEDULE

 

A.        Salary Schedule                                              Appendix A

B.        Department Heads                                          Appendix B/C

C.        Guidance Personnel                                        Appendix B/C

D.        Coaches' Salaries                                             Appendix B/C

E.         Extracurricular Activities                                Appendix B/C

F.         Chapter 74 Salary Schedule                            Appendix D

G.        Non-Certified Nurse Salary Schedule            Appendix E

 

 

ARTICLE XXIII

RETIREMENT CREDIT

 

23.01   A teacher meeting the following requirements shall be entitled to receive the sum of thirty-five dollars ($35) per day for one hundred (100) days of unused sick leave accumulated in the Smith Vocational School System or the Northampton Public Schools and 1/3 of the balance of unused sick leave up to two hundred (200) days at the rate of fifty-five dollars ($55) per day; and one third (1/3) of the balance of unused sick leave over two hundred (200) days at the rate of eighty dollars ($80) per day.

 

A.        The teacher must be retiring or be laid off with fifteen (15) or more years of service with the Smith Vocational School System or Northampton Public Schools.

 

B.        The teacher must have at least one hundred (100) days of unused accumulated sick days.

 

C.        The teacher must advise the Director of his/her intention to retire by January 14 immediately preceding the end of the school year he/she plans on retiring.  This requirement may be waived by the Trustees.

 

Effective June 30, 2004, the first paragraph of this Article will be revised to read.

 

A teacher meeting the following requirements will be entitled to receive the sum of $55 per day for 100 days of unused accumulated sick leave.

 

Effective June 30, 2004, add new subsection D:  A teacher intending to retire will give irrevocable notice of his or her intent to retire on or before January 14 of the year proceeding retirement.  This notice may only be revoked with the permission of the Board of Trustees.

 

 

ARTICLE XXIV

PROFESSIONAL DEVELOPMENT

 

 

24.01   The Board of Trustees will provide in its budget $7,000 for tuition reimbursement for unit members desiring to take courses as part of an individual program of staff development.

 

The Courses must have prior approval of Superintendent/Director in accordance with the following guidelines.

 

A.        Tuition reimbursement for courses taken in satisfaction of requirements for a program leading to an academic degree or certificate of advanced study will be approved provided that they are consistent with a pre-approved plan of study on file in the central office.

 

B.        Tuition reimbursement for other pre-approved courses or workshops (including Chapter 74 Professional Development) will be authorized by the Superintendent/Director if they are directly related to individual, school, or district professional improvement plans.

 

C.        Requests for approval of courses should be submitted prior to the beginning of that term, but no later than the end of the registration period.

 

D.        For the 2007-2008 contract year, tuition and fees will be reimbursed up to a maximum of 50% of the University of Massachusetts/Amherst or the Westfield State rate, whichever is higher at the time of request.  Payments will be made upon receipt of official transcripts from the college or university and proof of expenditures (receipted bill, cancelled check).

 

            Effective for the 2008-2009 contract year, tuition and fees will be reimbursed to a maximum of 75% of the Westfield State rate currently in effect.  Payments will be made upon receipt of official transcripts from the college or university and proof of expenditures (receipted bill, cancelled check).

 

E.         Requests for tuition reimbursement will be approved on a first come first serve basis to a maximum total expenditure of $7,000 in a fiscal year.

 

From July 1st through June 1st a teacher may be reimbursed for the tuition and fees for one course.  If a teacher elects to take an additional course, a request for reimbursement for tuition only for that course must be submitted, pursuant to the existing procedures, by June 1st.  After June 1st, the Business Manager will divide any remaining professional development monies in the fund for that fiscal year equally among all teachers who have applied for reimbursement for a second course.  In no case will the reimbursement in the second round be more than the cost of the course.  Should professional development monies remain after all applicants are reimbursed for the cost of tuition for a second course in any fiscal year, a teacher may apply for reimbursement for additional courses taken during that fiscal year.  Remaining professional development monies will be divided equally among eligible teachers, but, in no case, will reimbursement in the third or subsequent rounds be more than the cost of the course.  This Article is only meant to alter the reimbursement procedures and not the procedures for course approval.

 

 

ARTICLE XXV

DRUG/ALCOHOL FREE WORKPLACE

 

It is the intent and obligation of the Board of Trustees of Smith Vocational High School to provide a drug-free/alcohol-free, health, safe and secure work environment for all employees.  No employee shall report to work intoxicated, impaired, or under the influence by having taken or used alcohol or illegal drugs.  Employees are expected and required to report to work on time and in appropriate mental and physical condition for work.

 

Section 1.  The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances, or the use of alcohol, on School premises, or while engaged in school business is absolutely prohibited.  If it is determined that there are violations of this policy, appropriate disciplinary action will be taken, this could include discharge.

 

Section 2.  Drug and alcohol dependency is recognized by the Board of Trustees as an illness and major health problem.  The Board of Trustees also recognizes drug abuse as a potential health, safety, and security problem.  Employees needing help in dealing with such problems are encouraged to use the Employee Assistance Program and the health insurance plans, as appropriate.  All contacts are confidential, and conscientious efforts to seek help with drug and alcohol dependence will not jeopardize an employee's job.

 

Section 3.  As required by federal law, employees directly engaged in the performance of work pursuant to the provisions of a federal grant on contract must, as a condition of employment, abide by the terms of the above policy and must report any conviction under a criminal drug statute for violations of this policy to the Personnel Department within five (5) days after the conviction.  The Board of Trustees must then notify the contracting agency within ten (10) days after receiving notice of conviction as required by the Drug-Free Workplace Act of 1988."

 

 

ARTICLE XXVI

CRIMINAL OFFENDER RECORD INFORMATION (CORI) CHECKS

 

26.01   The parties that, pursuant to M.G.L. c. 71, §38R, Criminal Offender Record Information (CORI) checks will be conducted every three (3) years for employees covered by this Agreement.  An individual’s record may be checked on a more frequent basis, with reasonable cause.

 

            A.        The Superintendent-Director, the principal or a designee of him/her will be the only persons authorized to request CORI checks.

 

            B.        A copy of an individual’s CORI report will be available to the employee upon request.  If the CORI request shows an activity, a copy will be immediately forwarded to the employee.

 

            C.        All CORI reports will be maintained in the Principal’s office, in separate confidential files.

 

            D.        Any disciplinary action taken as a result of CORI checks will be in accordance with the terms of this Agreement and/or applicable state law.

 

 

ARTICLE XXVII

ENTIRE AGREEMENT CLAUSE

 

27.01   The Association agrees that except for wages, hours, benefits, and working conditions specifically referred to in the provisions of this Agreement, past practice shall be limited in its application to wages, hours, and working conditions actually utilized from July 1, 1981 forward.

 


 

ARTICLE XXVIII

DURATION

 

28.01   This Agreement will be effective July 1, 2007, and will continue to remain in full force and effect to and including June 30, 2010 and shall thereafter automatically renew itself for successive terms of one (1) year each unless by November 1, next prior to the expiration of the contract year involved, either party gives written notice that it desires to negotiate a new contract or amendment thereto.  Upon receipt of such notice, the parties agree to meet for the purposes of negotiating a new or amended Agreement.  In the event either party desires to negotiate a new contract or amendment and one has not been agreed upon by June 30, 2010, this contract may be extended by mutual agreement.

 

28.02   Following the formal re-opening of negotiations for such a successor agreement, if the Trustees and the Association shall have failed to reach agreement, either party shall have the right to petition the State Board of Conciliation and Arbitration to initiate mediation and fact finding proceedings in accordance with Section 9 of Chapter 150E of the General Laws of Massachusetts.

 

 

                                                              ARTICLE XXVIX

                                                        AGENCY SERVICE FEE

 

29.01   The Board of Trustees and their agents, in accordance with the provisions of M.G.L. Chapter 150E, Section 12, shall require as a condition of employment for each teacher who is not a member of the Northampton Teachers Association/MTA/NEA, the payment of an agency service fee.  Said payment to be effective on or after the 30th day following the effective date of this Agreement or on or after the 30th day of initial employment, whichever is later.

 

29.02   The amount of the service fee shall be equal to the cost of collective bargaining and contract administration as certified by the Northampton Teachers Association/MTA/NEA.  Teachers may have access to payroll deductions for the purpose of paying the agency service fee. The Northampton Teachers Association/MTA/NEA shall be responsible for notifying the Business Office of the amount to be deducted prior to the issuance of the first paycheck.  No demand for payment of the agency service fee will be made until the Association has completed an audit.

 

29.03   In the event that an employee fails or refuses to pay the agency service fee, the Association shall take appropriate legal action to collect the fee.  Any judgment against such an employee by a forum of competent jurisdiction as a result of such action shall include payment of the Association’s costs and reasonable attorneys’ fees.

 

29.04   The Association shall indemnify the Board of Trustees and its agents against any and all claims, demands, suits, damages, legal fees, or any other form of liability that may arise by reason of the Board’s compliance with the Agency Service Fee provisions of this Agreement, upon the following conditions: (1) the Board has complied fully and properly with these obligations under the Agency Service Fee provisions of this Agreement; (2) the Association retains the right to select or assign counsel of its choice in defending the Board in such matters provided that such counsel consults with and/or keeps the Committee’s regular counsel informed of litigation proceedings; (3) the Board cooperates with counsel selected or assigned by the Association; and (4) the Association retains full control over the conduct of the case.  Failure to meet any of the foregoing conditions will relieve the Association of its obligation under this indemnification clause.  Any dispute over the Board’s compliance with these conditions is subject to arbitration under the provisions of Article II.

 

 

 

 

 

 

 

IN WITNESS WHEREOF the parties to the contract have caused these presents to be executed by their agents hereunto duly authorized, and their seals to be affixed hereto as of the date first above written.

 

 

BOARD OF TRUSTEES                                           NORTHAMPTON TEACHERS'

SMITH VOCATIONAL AND                                  ASSOCIATION, UNIT D

AGRICULTURAL HIGH SCHOOL

 

 

_________________________________                  ___________________________________

 

 

_________________________________                  ___________________________________

 

 

_________________________________                  ___________________________________

 

 

_________________________________                  ___________________________________

 


NTA UNIT D APPENDIX A

 

FY2008

1.020

 

STEP

BA

MA

MA+30

CAGS

DOC

0

 

 

 

 

 

1

35,373

38,207

39,386

41,625

44,202

2

36,962

39,923

41,155

43,496

46,139

3

38,624

41,718

43,005

45,451

48,163

4

40,359

43,592

44,937

47,493

50,276

5

42,173

45,550

46,957

49,627

52,479

6

44,067

47,597

49,067

51,847

54,780

7

46,049

49,735

51,270

54,186

57,181

8

48,115

51,971

53,575

56,621

59,687

9

50,279

54,307

55,982

59,166

62,307

10

52,537

56,747

58,498

61,822

65,027

 

FY 2009

1.035

 

STEP

BA

MA

MA+30

CAGS

DOC

0

 

 

 

 

 

1

36,611

39,544

40,765

43,082

45,749

2

38,256

41,320

42,595

45,018

47,754

3

39,976

43,178

44,510

47,042

49,849

4

41,772

45,118

46,510

49,155

52,036

5

43,649

47,144

48,600

51,364

54,316

6

45,609

49,263

50,784

53,672

56,697

7

47,661

51,476

53,064

56,083

59,182

8

49,799

53,790

55,450

58,603

61,776

9

52,039

56,208

57,941

61,237

64,488

10

54,376

58,733

60,545

63,986

67,303

 


 

FY2010

1.035

 

STEP

BA

MA

MA+30

CAGS

DOC

0

 

 

 

 

 

1

37,892

40,928

42,192

44,590

47,350

2

39,595

42,766

44,086

46,594

49,425

3

41,375

44,689

46,068

48,688

51,594

4

43,234

46,697

48,138

50,875

53,587

5

45,177

48,794

50,301

53,162

56,217

6

47,205

50,987

52,561

55,551

58,681

7

49,329

53,278

54,921

58,046

61,253

8

51,542

55,673

57,391

60,654

63,938

9

53,860

58,175

59,969

63,380

66,745

10

56,279

60,789

62,664

66,226

69,659

 

Longevity effective 2007-2008:

 

Teachers with fifteen (15) of more years of service shall receive a longevity payment of five hundred ($500.00) each contract year, in addition to their base salary according to the salary schedule.

 

Teachers will twenty (20) or more years of service shall receive a longevity payment of one thousand ($1,000.00) each contract year, in addition to their base salary according to the salary schedule.


SVAHS UNIT D APPENDIX B/C

FY 2007-2010

 

A.        DEPARTMENT HEADS

 

 

Basic Stipend

Voc Differential

2007-2008             2%

2,973

753

2008-2009            3.5%

3,077

779

2009-2010            3.5%

3,185

806

 

B.        GUIDANCE PERSONNEL

 

Guidance Personnel will be compensated at their per-diem rate for twenty (20) additional days beyond the regular work year, as defined in Section 9.03C of this Agreement.

 

C. 2     VOCATIONAL ADJUSTMENT COUNSELOR

 

            5 days at per diem

 

D.        COACHES’ SALARIES

 

 

FY 2008    2%

FY 2009    3.5%

FY 2010     3.5%

1.  Boys Sports:

 

 

 

Varsity Basketball

4,039

4,180

4,326

Varsity Baseball

3,580

3,705

3,835

Varsity Soccer

3,497

3,619

3,746

 

 

 

 

2.  Girls Sports:

 

 

 

Varsity Basketball

4,039

4,180

4,326

Varsity Softball

3,580

3,705

3,835

 

 

 

 

3.  JV Sports

 

 

 

JV Basketball

2,643

2,736

2,832

JV Baseball

2,329

2,411

2,495

JV Soccer

2,286

2,366

2,449

JV Softball

2,329

2,410

2,494

 

 

 

 

4.  Cheerleader Coach *conditional

837/4,039

866/4,180

896/4,326

* subject to terms of side letter agreement

5.  Intramural Director

918

950

983

 

 


SVAHS UNIT D APPENDIX B/C

FY 2008-2010 (CONTINUED)

 

E.        EXTRACURRICULAR ACTIVITIES

 

 

FY 2008    2%

FY 2009    3.5%

FY 2010     3.5%

Class Advisor – 9

1,170

1,211

1,253

Class Advisor – 10

1,170

1,211

1,253

Class Advisor – 11

1,170

1,211

1,253

Class Advisor – 12 (2)

1,170

1,211

1,253

Student Government

1,170

1,211

1,253

Yearbook Advisor

2,000

2,070

2,142

Tech Prep Club Advisor (subject to grant)

1,000

1,211

1,253

FFA Advisor (2)

1,450

1,501

1,553

Journalism Club Advisor

1,000

1,035

1,071

Skills USA Advisor (2)

1,450

1,501

1,553

National Honor Society

1,170

1,211

1,253

JABOP Advisor

1,170

1,211

1,253

Arts After School Club Advisor

1,000

1,035

1,071

Multicultural Club Advisor

1,000

1,035

1,071

 

F.         After School Detention

 

 

FY 2008    2%

FY 2009    3.5%

FY 2010     3.5%

 

3,638

3,766

3,897

 

G.        SAFETY COORDINATOR

 

 

FY 2008    2%

FY 2009    3.5%

FY 2010     3.5%

 

1,068

1,105

1,144

 

H.        NO PREP PERIOD

 

 

FY 2008    2%

FY 2009    3.5%

FY 2010     3.5%

 

1,093

1,132

1,171

 


 

Payment of stipends will be as follows:

 

            Stipends detailed in paragraphs A and C1 will be paid annually.

            Stipends in paragraphs D will be paid at the end of the sport season.

            Stipends detailed in paragraph E will be paid at the end of the year.

Stipends detailed in paragraphs, F,G,H, will be paid two times a year, once at the end of each semester.

 

Per diem payments B, C

 

Per diem payments are for actual days worked, and contractual benefits do not accrue or apply during the per diem periods.  Per diem payments will be paid when worked.  Time cards will be used to record days, or where approved, hours worked.  Where positions in this contract offer per-diem days, the persons in those positions will make every effort to work some of those days during school vacations if requested to do so by the Superintendent of Schools.

 

Where positions in this contract require additional days of work at the per diem rate the negotiated job description shall define when those additional days shall be worked.


NTA UNIT D APPENDIX D

 

FY 2008

1.020

 

 

 

STEP

 

Provisional

Certification

Professional

Certification-

50%

 

 

C-BA

 

 

C-MA

 

 

C-MA+30

 

 

C-CAGS

0

 

 

 

 

 

 

1

35,373

36,789

38,207

39,386

41,625

44,202

2

36,962

38,443

39,923

41,155

43,496

46,139

3

38,624

40,171

41,718

43,005

45,451

48,163

4

40,359

41,974

43,592

44,937

47,493

50,276

5

42,173

43,862

45,550

46,957

49,627

52,479

6

44,067

45,833

47,597

49,067

51,847

54,780

7

46,049

47,892

49,735

51,270

54,186

57,181

8

48,115

50,044

51,971

53,575

56,621

59,687

9

50,279

52,292

54,307

55,982

59,166

62,307

10

52,537

54,642

56,747

58,498

61,822

65,027

 

FY 2009

1.035

 

 

 

STEP

 

Provisional

Certification

Professional

Certification-

50%

 

 

C-BA

 

 

C-MA

 

 

C-MA+30

 

 

C-CAGS

0

 

 

 

 

 

 

1

36,611

38,077

39,544

40,765

43,082

45,749

2

38,256

39,789

41,320

42,595

45,018

47,754

3

39,976

41,577

43,178

44,510

47,042

49,849

4

41,772

43,444

45,118

46,510

49,155

52,036

5

43,649

45,397

47,144

48,600

51,364

54,316

6

45,609

47,437

49,263

50,784

53,672

56,697

7

47,661

49,568

51,476

53,064

56,083

59,182

8

49,799

51,796

53,790

55,450

58,603

61,776

9

52,039

54,122

56,208

57,941

61,237

64,488

10

54,376

56,554

58,733

60,545

63,986

67,303

 


 

FY 2010

1.035

 

 

 

STEP

 

Provisional

Certification

Professional

Certification-

50%

 

 

C-BA

 

 

C-MA

 

 

C-MA+30

 

 

C-CAGS

0

 

 

 

 

 

 

1

37,892

39,410

40,928

42,192

44,590

47,350

2

39,595

41,182

42,766

44,086

46,594

49,425

3

41,375

43,032

44,689

46,068

48,688

51,594

4

43,234

44,965

46,697

48,138

50,875

53,857

5

45,177

46,986

48,794

50,301

53,162

56,217

6

47,205

49,097

50,987

52,561

55,551

58,681

7

49,329

51,303

53,278

54,921

58,046

61,253

8

51,542

53,609

55,673

57,391

60,654

63,938

9

53,860

56,016

58,175

59,969

63,380

66,745

10

56,279

58,533

60,789

62,664

66,226

69,659

 

Longevity effective 2007-2008:

 

Teachers with fifteen (15) of more years of service shall receive a longevity payment of five hundred ($500.00) each contract year, in addition to their base salary according to the salary schedule.

 

Teachers will twenty (20) or more years of service shall receive a longevity payment of one thousand ($1,000.00) each contract year, in addition to their base salary according to the salary schedule.

 


SVAHS UNIT D APPENDIX E

SALARY SCHEDULE

 

FY 2007

SCHOOL NURSE       1.02

 

STEP

RN

BA

MA

0

 

 

 

1

31,640

34,600

38,058

2

32,789

35,855

39,439

3

33,981

37,156

40,870

4

35,209

38,502

42,353

5

36,489

39,903

43,890

6

37,814

41,351

45,483

7

39,186

42,848

47,133

8

40,607

44,403

48,843

 

FY 2008

SCHOOL NURSE    1.35

 

STEP

RN

BA

MA

0

 

 

 

1

32,748

35,811

39,390

2

33,937

37,110

40,820

3

35,171

38,456

42,301

4

36,442

39,850

43,836

5

37,767

41,300

45,426

6

39,138

42,798

47,075

7

40,558

44,348

48,783

8

42,028

45,957

50,552

 

FY 2009

SCHOOL NURSE    1.35

 

STEP

RN

BA

MA

0

 

 

 

1

33,894

37,065

40,769

2

35,124

38,409

42,248

3

36,402

39,802

43,781

4

37,717

41,244

45,370

5

39,088

42,746

47,016

6

40,508

44,296

48,722

7

41,977

45,900

50,490

8

43,499

47,565

52,322


APPENDIX F

 

SEXUAL HARASSMENT POLICY

 

I.          Policy Statement

 

A.        It is the policy of the Smith Vocational and Agricultural High School to maintain a learning and working environment free from sexual harassment.  No employee or student of the district shall be subjected to sexual harassment.

 

B.        It shall be a violation of this policy for any member of the Smith Vocational and Agricultural High School staff or student body to engage in sexual harassment as that term is defined in Section II.

 

C.        Each administrator shall be responsible for promoting understanding and acceptance of, and assuring compliance with state and federal laws and school department policy and procedures governing sexual harassment within her or his school or office.

 

D.        Violations of this policy or procedure will be cause for disciplinary action (See Section IV).

 

II.        Definition

 

A.        Sexual Harassment means unwelcome sexual advances, request of sexual advances, requests of sexual favors, and other verbal or physical conduct of a sexual nature when:

 

1.         Submission to such conduct is made, either explicitly a term or condition of a person’s employment or advancement, or of a student’s participation in school programs or activities.

 

2.         Submission to or rejection of such conduct by an employee or student is used as the basis of decisions affecting the employee or student.

 

3.         Such conduct has the purpose or effect of unreasonably interfering with an employee’s/student’s performance, or creating an intimidating, hostile, humiliating or sexually offensive work or learning environment.

 

            B.        Sexual harassment as set forth in Section II – A may include, but is not limited to:

 

                        1.         Unwelcome or hostile verbal or physical conduct of a sexual nature.

 

                        2.         Overt or subtle pressure for sexual activity.

 

                        3.         Sexual insults, leering, and name-calling.

 

                        4.         Unwelcome touching, pinching, and patting.

 

                        5.         Sexual jokes, poster, etc.

 

                        6.         Unwanted sexual flirtation

 

7.         Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one’s grades, job, etc.

 

                        8.         Attempted rape or rape.

 

                        9.         Other forms of sexual harassment to include, but not limited to stalking.

 

C.        Sexual harassment may involve behavior which is student-to-student, student-to-staff, staff-to-student, staff-to-staff, male-to-male, male-to-female, female-to-female, female-to-male.

 

III.       Sexual Harassment Reporting/Grievance Procedures

 

A.        Staff covered by the Collective Bargaining Agreement between the Smith Vocational and Agricultural Teacher’s Association and the Smith Vocational and Agricultural Teacher’s Association and the Smith Vocational and Agricultural Board of Trustees may report allegations of sexual harassment against them in accordance with the Grievance Procedures set forth in that Agreement.  These reports will be handled in accordance with the procedures set forth in the Collective Bargaining Agreement.

 

Any other person alleging sexual harassment may contact the Title IX/Chapter 622 Coordinator or the building representative designated by the district’s Title IX/Chapter 622 Coordinator (see attached list and sample Sexual Harassment Report Form).  All Sexual Harassment Reports will be reviewed by the Title IX/Chapter 622 Coordinator, who will refer the reports as follows:  Reports alleging sexual harassment by staff covered by the Collective Bargaining Agreement will be referred to the Superintendent in accordance with the Management Rights provision of the Collective Bargaining Agreement.  All other reports will be referred to the principal.

 

B.        The school district will endeavor to maintain the confidentiality of both the accuser and the accused consistent with the school district’s legal obligations and with the necessity to investigate allegations of misconduct and to take corrective action when this conduct has occurred.

 

All reports filed with building representatives will be referred to the Title IX/Chapter 622 Coordinator who, in collaboration with said representatives, will conduct the investigations.

 

IV.       Disciplinary Action

 

A.        A substantial charge against a staff member in the school district shall subject that staff member to such disciplinary action as is appropriate in accordance with the Collective Bargaining Agreement, if applicable, any other disciplinary provisions applicable to the staff member, and with applicable law.

 

B.        A substantiated charge against a student in the school district shall subject that student to disciplinary action consistent with the procedures and actions outlined in the Student Handbook and Code of Conduct and may include suspension or expulsion.

 

C.        Recommended courses of action in substantiated claims may include, but are not limited to, the following:

 

1.         Removal of any offending materials, graffiti, or other objects with notice to all personnel of the reason for the removal and a prohibition against such items in the workplace/school in the future.

 

2.         Informal counseling of an offending party with a verbal warning as to the consequences of a repeat offense.

 

            3.         Enrollment of an offending party in an appropriate training program.

 

V.        Notification

 

A.        Notice of this policy shall be circulated to all of the departments of Smith Vocational and Agricultural High School and incorporated in teacher and student handbooks.  Training sessions on this policy and the prevention of sexual harassment shall be held for teachers and students in the school on an annual basis.

 

B.        Reports of sexual harassment (alleged and/or substantiated) will be kept on file in the office of the Title IX/Chapter 622 Coordinator.


APPENDIX G

 

FAMILY AND MEDICAL LEAVE ACT

 

CITY OF NORTHAMPTON, MASSACHUSETTS

HUMAN RESOURCES DEPARTMENT

 

POLICY & PROCEDURE

NUMBER 600-7                                                                                EFFECTIVE DATE: 4/27/94

                                                                                                            REVISION DATE:    1/1/02

______________________________________________________________________________

FAMILY AND MEDICAL LEAVE ACT

______________________________________________________________________________

 

I.          POLICY

 

            It is the policy of the City of Northampton to comply with the provisions of the Family and Medical Leave Act of 1993.  This law entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a twelve month period for specified family and medical reasons.

 

II.        DEFINITIONS

 

Eligible Employee:  A full time or regular part-time employee who has worked for the City for one year.  During that year they must have worked at least 1,250 hours.

 

Covered Family Member:  Employee’s spouse, child or parent.

 

Child:  A child under 18 years of age, or 18 years of age or older who is incapable of self-care because of mental or physical disability.  An employee’s child is one for whom the employee has responsibility or the actual day-to-day care and includes a biological, adopted, foster or step-child.

 

The 12 Month Period:  The eligible period for leave shall be measured by rolling backward from the date an employee uses any FMLA leave.

 

1)         An employee granted Family Medical Leave must first use available sick leave followed by vacation leave then available comp time.  The employee may reserve personal time and up to one week of vacation for later use.

 

2)         The City retains the right to apply FMLA leave concurrent with any other leave that an employee may qualify for because of the same condition or event.


 

Qualifying Events – The law provides for four circumstances under which an eligible employee is entitled to family leave.

 

            1)         Birth of a child and in order to care for the child;

 

            2)         Placement of a child with the employee for adoption or foster care;

 

            3)         To care for a family member with a serious health condition; or,

 

            4)         Because of the employee’s own serious health condition.

 

Limitation – Entitlement to leave for the birth or placement of a child (1) and (2) above, expires at the end of the 12-month period beginning on the date of such birth or placement.

 

Serious Health Condition – An illness, injury, impairment, or physical or mental condition that involves:

 

            1)         Inpatient care; or

 

2)         Any period of incapacity requiring absence from work for more than three (3) calendar days AND that involves continuing treatment by a health provider; or

 

3)         Continuing treatment by a health care provider for a chronic or long-term health incapacity of more than three (3) calendar days; or

 

4)         Prenatal care by a health care provider.

 

Continuing Treatment:

 

1)         Two or more visits of a health care provider as defined pursuant to Federal regulations; or

 

2)         Two or more treatments by a health care practitioner on referral from, or under the direction of, a health care provider, or

 

3)         A single visit to a health care provider that results in a regimen of continuing treatment; or

 

4)         In the case of a serious, long-term or chronic condition or disability that cannot be cured, being under the continuing supervision of, but necessarily being actively treated by, a health care provider.


 

Intermittent or Reduced Leave

 

1)         An employee may take leave intermittently (a few days or a few hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition or because of their own serious health condition when medically necessary.

 

2)         Intermittent leave for the birth and care of a newborn or placement of a child for adoption or foster care is subject to the City’s approval.

 

3)         The employee may be required to transfer temporarily to a position with equivalent pay and benefits that better accommodates recurring periods of leave when the leave is planned based on scheduled medical treatment.

 

4)         For part-time employees and those who work variable hours, the family and medical leave entitlement is calculated on a pro-rata basis.  A weekly average of the hours worked over the 12 weeks prior to the beginning of the leave should be used for calculating the employee’s normal workweek.

 

III.       PROCEDURE

 

Notice Requirement

 

A.        An employee is required to give 30 days notice in the event of a foreseeable leave.  A request for Family/Medical Leave form (see attached) should be completed by the employee and returned to the Human Resources Department.  In unexpected or unforeseeable situations, an employee should provide as much notice as is practicable, usually verbal notice within one or two business days of when the need for leave becomes known, followed by a completed Request for Family/Medical Leave Form.

 

B.        If an employee fails to give 30 days notice for a foreseeable leave with no reasonable excuse for the delay, the leave will be denied until 30 days after the employee provides notice.

 

Medical Certification of a Serious Health Condition

 

A.        For leaves taken because of a serious health condition (either the employee’s own or a covered family member’s) the employee must submit a completed Physician or Practitioner Certification form (see attached) and return the certification to the Human Resources Department within 15 days of the leave request, or as soon as is reasonably possible.

 

B.        The City of Northampton may require a second or third opinion (at employer’s expense), periodic reports on the employee’s status and intent to return to work, a fitness-for-duty report to return to work. 

 

C.        All documentation related to the employee’s or family member’s medical condition will be held in strict confidence and maintained separate from the employee’s Human Resource file.

 

IV        EFFECT ON BENEFITS

 

A.        An employee granted a leave under this policy will continue to be covered under the City of Northampton’s group health insurance plan and life insurance plans under the same conditions as coverage would have been provided if they had been continuously employed during the leave period.

 

B.        Employee contributions will be required either through payroll deductions or by direct payment to the Treasurer’s Office.  The employee will be advised in writing at the beginning of the leave period as to the amount and method of payment.  Employee contribution amounts are subject to change in rates that occur while the employee is on leave.

 

C.        If the employee’s contribution is more than 30 days late, the Human Resources Department may terminate the employee’s insurance coverage.

 

D.        If the City of Northampton pays the employee contributions missed by the employee while on leave, the employee will be required to reimburse the City for delinquent payments (on a payroll deduction schedule) upon return from the leave.  The employee will be required to sign a written statement at the beginning of the leave period authorizing the payroll deduction for delinquent payments.

 

E.         If the employee fails to return from approved family/medical leave for reasons other than; (1) the continuation of a serious health condition of the employee or a covered family member; or (2) circumstances beyond the employee’s control (certification required within 30 days of failure to return for either reason), the City of Northampton may seek reimbursement from the employee for the City’s portion of the premiums paid on behalf of that employee (also known as the employer contribution) for the length of the leave.

 

F.         An employee is not entitled to seniority or benefit accrual during periods of unpaid leave but will not lose anything accrued prior to leave.  An employee whose leave extends beyond twelve weeks and goes into an unpaid status will not accrue benefits or seniority for that period.


 

V.        JOB PROTECTION

 

A.        If the employee returns to work at the end of the approved family/medical leave (up to 12 weeks), he/she will be reinstated to his/her former position or an equivalent position with equivalent pay, benefits, status and authority.

 

B.        The employee’s restoration rights are the same as they would have been had the employee not been on leave.  Thus, if the employee’s position would have been eliminated or the employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave.

 

C.        If the employee fails to return to work at the end of the approved family/medical leave (up to 12 weeks), the employee will be terminated, unless the leave can be extended under some other statue or City policy.

 

VI.       FAMILY/MEDICAL LEAVE FORMS TO BE SUBMITTED BY THE EMPLOYEE

 

            Request for Family/Medical Leave

 

            Physician or Practitioner Certification

 

            Fitness for Duty to Return From Leave

            (only necessary when the leave was for the employee’s own serious health condition).

 


City of Northampton

REQUEST FOR FAMILY/MEDICAL LEAVE

 

 

Employee Name:_____________________________ Date of request: ___________________

 

Department: ________________________________ Position: _________________________

 

I request Family/Medical Leave for the following reason:

 

q  For the birth and care of my newborn child.

q  Because of a child placed in my home by adoption or foster care

q  To care for an immediate family member (spouse, child, or parent) with a serious health condition, OR;

q  Because I am unable to work because of a serious health condition.

 

I am requesting that my leave begin on: ________ and continue for ________________, based

                                                                  Date                                                      period of time

on the medical certification I:

 

q  Provided with this request.

q  Will provide by ___________________.

Within fifteen (15) days from the date of request or as soon as reasonably possible.

 

I understand that my group health insurance will continue for the duration of my approved leave and that I must continue to pay my regular contribution.  Please continue to deduct my contribution from any payroll checks I receive while on leave.  If I should begin a period of no-pay status during my approved leave, I agree to pay the Treasurers’ office directly for my share of the health insurance premium on a monthly basis.  I understand that if I do not pay my portion of the health insurance premium that my coverage may lapse, however, if I return to work at the end of the approved FMLA leave, my insurance will be reinstated.

 

 

 

 

 

Employee signature: _________________________________________


SIDE LETTER AGREEMENTS

 

 

In addition to changes agreed upon for the 2007-2010 collective bargaining agreement, the Parties also agreed to the following side letter agreements.

 

            1.   In the event that Smith Vocational and Agricultural High School eliminates departments and establishes clusters, the Board of Trustees will give prior notice of the change to the Association, and afford the Association the opportunity to bargain with the Board of Trustees, or its designee, over the impact of such a change prior to the implementation of such a change.

 

            2.   The Parties agreed to the job descriptions for the position of Department Heads, as well as job descriptions for Guidance Counselors I and II.

 

            3.   The Smith Board of Trustees accepted the Association proposal to increase the cheerleader coach stipend to that of the varsity basketball coach and to delete the asterisked language based solely on the recognition that the cheerleader coach has performed and will continue to perform the following duties on an annual basis:

 

                                 Supervising summer cheering camp

 

                                 Supervises and instructs at practice for cheering (usually daily unless there is a game)

 

                                 Supervises the cheerleading squad at home varsity basketball games and certain varsity basketball away games, as designated by the Athletic Director

 

                                 Supervises practices for, and the participation in, the cheerleading competitions when, in the judgment of the coach, competition(s) are appropriate.

 

                  If the preceding duties are not carried out, then the stipend will revert to the 2003-2004 stipend of $1,066, as adjusted by subsequent increases.

 

            4.   The parties agreed to eliminate the position of Forestry/Horticulture Department Head and the position of Guidance Department Head.


SIDE LETTER AGREEMENTS

 

2007-2010 CONTRACT

 

 

1.         During negotiations leading up to the 2007-2010 collective bargaining agreement, the parties discussed the job descriptions for the positions listed below, after input from the incumbents, and agreed to be bound by these job descriptions:

 

                  Department head

                  School Nurse

                  Guidance Counselor

                  School Adjustment Counselor

                  Special Education TEAM Chairperson

                  Bilingual Community Outreach/social worker

                  Interim support setting instructor

 

2.         The parties further agree to eliminate the following stipend positions:

 

                  Special Needs Coordinator

                  Cafeteria Coordinator

                  Yearbook Advertising Coordinator

                  Yearbook Sales Coordinator

                  Sportsmen’s Club

                  Robotics

                  Levels

 

3.         The parties also agree to end Department Head Status for the Media Specialist/Librarian.

 

 

MEMORANDUM OF AGREEMENT

 

This Memorandum of Agreement is entered into this 4th day of May, 2010 by and between the Northampton Teachers Association, Unit D (hereinafter the Association) and the Board of Trustees of the Smith Vocational and Agricultural High School (hereinafter the Board). For valuable consideration acknowledged as given and received, the Association and the Board agree to the following:

 

1                     The 2007-2010 collective bargaining agreement between the Association and the Board shall be extended for one (1) year, so that it will be effective for the 2010-2011 contract year.

 

2                     Article IX, 9.03 G shall be suspended for the 2010-2011 contract year.

 

3                     Bargaining unit members who are eligible for step advancement or lane advancement during the 2010 -2011 contract year shall advance.

 

4                     There shall be no salary increase.

 

5                     The proposed plan changes in the group health insurance program offered by the City of Northampton shall be implemented effective July 1, 2010.

 

6                     Effective with the 2010 - 2011 contract year, direct deposit shall be required of all bargaining unit members. Prior to implementation, the administration will provide relevant information to those bargaining unit members who do not already have direct deposit.

 

7                     The Association will make a good faith effort to provide information to the Business Administrator as to the amount of dues bargaining unit members must transmit to the NEA, MTA and NTA prior to the 2010-2011 school year.

 

______________________________                                                                          ______________________________

Northampton Teachers Association                                                                                Smith Vocational and Agricultural High

                                                                                                                                                School