Northeast Metropolitan RVTSD

Show detailed information about district and contract

DistrictNortheast Metropolitan RVTSD
Shared Contract District
Org Code8530000
Type of DistrictVoc-Tech/Agricultural
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2011
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersNortheast Metropolitan RVTSD
CountyMiddlesex
ESE RegionGreater Boston
Urban
Kind of Communityeconomically developed suburbs
Number of Schools1
Enrollment1249
Percent Low Income Students47
Grade Start9
Grade End12
download pdf version of this document view accessible version of this document Northeast

Northeast

Teachers'

Association

2008-2011

Contract

 

 

Agreement between the Northeast Teachers' Association and the

Northeast Metropolitan Regional Vocational School Committee

Pursuant to the provisions of Chapter 150E, Section 115 of the General Laws of Massachusetts, the Northeast Metropolitan Regional Vocational School Committee (hereinafter called the "Committee") and the Northeast Teachers' Association (hereinafter called the "Association") hereby agree to a new collective bargaining agreement to be effective from September 1, 2008 through and including August 31,2011. All the terms and provisions of the previous Agreement shall be carried forward into the successor Agreement in all respects with amendments.

______________________________                        ______________________________

Chairperson                             Date                             NTA President                         Date

Northeast District School Committee                           Northeast Metropolitan Regional

Salary

3% for 2008-2009 school year;

2.5% for 20069-2010 school year; and

2.75% for 20010-2011 school year.

ARTICLE I

RECOGNITION

The Committee agrees and does hereby recognize the Association as the exclusive representative of all the salaried employees of the employer who are classified on the records of the employer as teachers, guidance counselors, department heads, school social worker, directors of health occupations, nurses, speech therapist, librarians, psychologists, school adjustment counselors, and coordinators, Career Counselor, Cooperative Liaisons, Safety Coordinator, Coop. Director and teachers of the Late Afternoon Program "who are also members of the Day School faculty" (which employees are hereinafter collectively referred to as the "bargaining unit") for the purpose of bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.

ARTICLE II

AGENCY FEE

In accordance with Chapter 463 of the Acts of 1970, the School Committee shall provide the means by which payroll deductions may be made on an equal basis for all the employees to whom this Agreement applies in order that the costs of the negotiation and administration of the Agreement may be borne on an equal basis by the employees in the bargaining unit. These sums shall be forwarded to the bargaining agent at the time of deduction. Nothing herein shall be construed as forcing any employee to become a member of any teaching organization, or as consenting to such payroll deduction.

ARTICLE III

NO DISCRIMINATION

There shall be no discrimination, interference, restraint or coercion by the School Committee, the Teachers' Association, or their respective agents against any teacher because of membership or non-membership in this Association. The parties are mindful of their responsibilities under Federal and/or State Laws and regulations against discrimination; and, accordingly, the Committee and the Association each agree that each will not discriminate against any person because of race, creed, color, religion, national origin, sex, marital status, physical handicap or age.

ARTICLE IV

DUES CHECK-OFF

Section A. The Committee agrees that in accordance with the provisions of Chapter 180, Section 17(c) of the General Laws of Massachusetts, it will request the District Treasurer to deduct membership dues from the salaries of its teachers who by October 1 have voluntarily submitted a written authorization in the form attached hereto.

Section B. The amount so deducted will be remitted in accordance with such authorization to the Northeast Teachers' Association for disbursement to the respective organizations; provided that the Committee shall be under no obligation to make any such deductions after the receipt of a revocation, in accordance with the terms thereof.

Section C. The Committee also agrees to authorize payroll deductions to any two teacher-affiliated credit unions.

Section D. The Committee agrees to authorize direct deposit of paychecks of bargaining unit members into the banking institution of his/her choice. The number of institutions and particular institutions shall be determined later.

ARTICLE V

ASSOCIATION RIGHTS

Section A. An authorized representative of the Association shall have the right to schedule Association meetings in the building before or after regular class hours upon the approval of the Building Principal or the Superintendent in advance of any such meeting, which approval shall not be unreasonably withheld.

Section B. The Association has the right to place materials in the mailboxes and bulletin board in the teachers' rooms.

ARTICLE VI

AVAILABILITY OF REPORTS

The Committee shall make available to the Association upon reasonable request statistics and records relevant to negotiations or necessary for the proper enforcement of the terms of this Agreement.

ARTICLE VII

CITY, STATE OR FEDERAL LAWS

The rights and benefits of persons provided herein are in addition to those provided by City, State, or Federal Law, rule or regulation, including without limitation all applicable tenure, pension, or education laws and regulations.

ARTICLE VIII

LEGALITY

Section A. If any provision of this Agreement is or shall at any time be contrary to the law, then such provision shall not be applicable or performed or enforced, except to the extent permitted by law, and substitute action shall be subject to appropriate consultation and negotiation with the Association.

Section B. In the event that any provision of this Agreement is or shall be contrary to law, all other provisions of this Agreement shall continue in effect.

Article IX

Supplemental Benefits

Section A

1.         Upon ratification of this Agreement, contributions for health insurance plans shall be 85% Employer and 15% Employee.

The Retiree's Health Insurance Settlement of January, 2006 shall remain in force until June 30, 2009. It is agreed that if Blue/Cross/Blue /Shield master medical plan ceases to be offered prior to June 30,2009, that the rate premium contribution for such retired employees and surviving spouses to alternative health insurance plans with have regard to the amounts of such contributions under BC/BS Master Medical plan existence immediately prior to the cessation of offering such BC/BS Master Medical Plan.

At the beginning of the 2009/2010 school year, the health insurance premiums for members of the bargaining unit who retire and current retired employees shall be set at 85% Employer and 15% Employee.

Co-pays shall be set as follows;

 

HMO

PPO

Routine Office Visits

$15

$25

Routine Pediatric Care

$15

$25

Emergency Room Visits

$75

$100

Day Surgery

Covered 100%

Covered 100%

Inpatient Medical Service

Covered 100%

Covered 100%

Prescription Card

$10/$20/$35

$10/$25/$45

2.                 The Committee shall accept M.G.L., chapter 32B, Section 11A and provide access to the benefits contained therein at no cost to the Committee. A copy of Section 11A is affixed to this agreement as Appendix C.

3.                 The Committee agrees to provide "Section 125" Plans as follows:

Pre-tax insurance payments

Medical Care Account Plan

The plan year is January 1 through December 31.

4.         The Committee will provide a voluntary, employee paid dental plan agreed to by the parties

Section B.        Workmen's Compensation. The Committee agrees to provide coverage for teachers in the bargaining unit under the terms of the Massachusetts Workmen's Compensation Act, General Laws of the Commonwealth, Chapter 152. In addition, the Committee will pay as a supplement to each injured employee, for each day he is paid Workmen's Compensation benefits, the difference between such benefits and the employee's normal salary for the period covered; and said supplementary payment shall be charged against the sick leave of the employee already accumulated or to be accumulated by deducting there from that number of days (or fraction of days) calculated by dividing the total amount of such supplementary payment by the daily salary equivalent of the injured employee.

Section C.        Pension. The parties agree that all provisions of the Massachusetts Teachers' Retirement Plan shall be made a part of this Agreement to the extent made mandatory by the laws of Massachusetts.

ARTICLE X

WORKING CONDITIONS

Section A.        Definitions "Assigned Period" means as to a particular teacher, a regularly scheduled period of seventy (70) minutes during which that teacher is actively engaged in class instruction in the presence of a class.

"Unassigned Period" means, as to a particular teacher, a regularly scheduled period during which that teacher is not actively engaged in class instruction before a class.

"Regularly Scheduled Period" means any one of the periods set forth in the school's regular schedule, a copy of which is attached hereto.

Section B.        Teaching Programs

1.                  No academic teacher, including special education teachers, shall have more than four (4) different preparations during the "A" and "B" week cycle. For the purpose of this provision, a preparation means a course with different curriculum content such as English I and English II, or Survey of Science and Biology I. For the purpose of this provision, courses offered at more than one level difference such as World History at level one (#101) and World history at level three (#301) are considered different preparations, whereas World History at level one (#101) and World History at level two (#201) are not considered different preparations. For the purpose of this provision, one level difference is one preparation and more than one level difference is two preparations. For the purpose of this provision, one or more Bilingual Courses or ESL Courses taught during the same week are also only considered one preparation. "Enrichment periods" shall be considered teaching periods, shall be assigned like other courses of four (4) or five (5) days duration, and shall be subject to contract language as "assigned periods" and as courses for which preparation is required.

2.                  The employer will make reasonable efforts to see that Teachers shall not be required to teach outside their area of certification.

3.                  Teachers will be notified in writing of their programs for the coming school year, including the grades and/or subjects they will teach and any special or unusual classes that they will have (i.e., Special Education Dept.) as soon as practicable, and under normal circumstances not later than the close of the school year in June except that where necessary changes will normally be made by July 1.

4.                  Vocational shop teachers and the speech therapist shall have at least one (1) seventy minute unassigned period each day. The Committee will make reasonable efforts to see that vocational related teachers shall have at least one (1) unassigned period each day for each subject (preparation) assigned. This unassigned period shall be in addition to any unassigned time between 2:30 and 2:45 p.m. Twenty-eight (28) minutes of the unassigned period may be used to schedule common planning time with academic teachers.

5.                  Academic teachers' schedules shall consist of no more than thirty (30) teaching periods per two-week cycle, with each teacher's schedule built up to thirty-two (32) periods per two-week cycle by lunch coverage period assignments.

Each academic teacher (including department heads) is subject to assignment for up to three half-periods (a half-period equals thirty-five [35] minutes) per week and for a total of up to five half-periods per two-week cycle for the purpose of covering regularly scheduled academic classes assigned to academic teachers who are absent according to the following:

a.         Substitutes for long-term leaves of absence will be hired. Substitutes will be hired for teachers who are absent for school related business. When five days advance notice is given, except in an emergency situation, reasonable effort will be made to hire substitutes for teachers who will be absent for more than five days.

b.         Assignments of academic teachers to cover students of absent academic teachers will be done by the Administration in a fair and equitable manner. Toward this end, the following shall apply:

i.          Each academic teacher will retain at least one planning period each day. Each teacher may designate one period daily as a planning period, each such designation being subject to agreement with the Administration. In the event of a conflict between two teachers in designating the same period, seniority will govern.

ii.         Consistent with making fair and equitable assignments, reasonable efforts will be made to assign teachers in the department in which the absence occurs. If there are not enough teachers in a particular department, then assignments across departments will occur.

iii.        The Administration shall provide to the Association written monthly tabulations of assignments made under this section, including cumulative totals.

iv.        The Administration shall meet and consult with the Association with respect to these tabulations upon request of the Association.

c.         If any academic teacher and or the Association has a problem about implementation of this coverage provision, the Administration shall meet with the teacher(s) and/or Association in an effort to resolve any alleged problem(s). In the event the teacher and/or the Association is not satisfied with the results of such meeting, the Association may request a Professional Consultations meeting under the terms of Article XIX. It is understood that any meeting held under this paragraph will not constitute a waiver of a grievance.

d.         Each academic teacher is also subject to two (2) periods (70 minutes each) of corridor duties per two week cycle.

6.                  The Employer will make reasonable efforts to see that Department Heads are scheduled for no more than 50% teaching periods per day.

7.                  The NTA will provide a list of at least eight (8) potential volunteers for daily morning coverage (7:30 am - 7:45 am). The administration will use this list to make such coverage assignments. Volunteers will select and receive compensation time in accordance with the following options:

a.         Teachers will be authorized to leave the building, including fifth (5th) period, during unassigned time. This is matching time and it 1) may be accumulated, but it must be used within the same school year and 2) can be used provided there is no conflict with another contractual obligation.

b.         Vocational teachers will be granted an extra one-half (1/2) hour break, provided the arrangement is acceptable to other teachers in the vocational area.

c.         Academic teachers will be relieved of one duty assignment within the same two week cycle.

d.         Teachers will be allowed to leave at 2:30 pm on the day of an assigned contract duty or on some other day within the same school year, provided there is no conflict with another contractual obligation.

8.         a.         The administration will be responsible for all duties related to intake meetings for Grade 9 and/or newly entering students.

b.         Effective June, 1999, the Administrator of Student Services and the Chairperson - Special Needs Team Evaluation (Sp.Ed.), removed by agreement of the parties from the bargaining unit, shall cease to perform any and all teaching and counseling duties.

c.         The Administrator of Special Needs Team Evaluation will chair and organize all three year evaluations. She/he will also do all initial evaluations and manifestation determination hearings.

d.         Liaisons will only be required to initiate (by filling out the appropriate form) annual reviews and any special meetings (i.e. failures). The secretary in the Special Needs area will send out and collect all progress reports, schedule meetings (in conjunction with liaison's schedule) and will write up meeting.

e.         Liaisons will write education plans and amendments. All Liaisons will be trained in using current software for education plans. Liaisons will be assigned no more than thirty (30) students for whom liaison work is required. Liaisons shall be responsible for the same students throughout their enrollment.

f.          Provided that advance notice of at least three (3) days shall be given to the Dean of Students, Special Needs teachers shall not be scheduled for academic coverage on days of meetings with liaison students/families.

g.         For those special needs teachers who are fully scheduled for thirty (30) teaching periods over the two-week cycle, cafeteria duties shall be reduced by two (2).

h.         The office in the back of Room 126 will be available for all Special Needs teachers to use. There will be access to a telephone with service to all of our communities.

Section C.        Duty-Free Lunch. Teachers will have a duty-free lunch period of a length at least equal to the minimum prescribed by law.

Section D.        Discipline Code. The Committee will inform the teachers of the specific requirements of a Student Discipline Code: conduct, grooming, scholastic standards, and any other regulations a teacher might be expected to enforce.

In accordance with Article XIX, Professional Consultation, the School District and the NTA shall establish a special committee to review the impact of disciplinary policy and philosophy on the working conditions of teachers and the overall well-being of the school. Included in the goals of the committee will be to study the issues of chronically disruptive students, school violence, protection of teachers, and other disciplinary issues, and to advise and/or develop policy where applicable. The report of this committee may become the subject of future negotiations in regard to future contracts.

Section E.        School Facilities. In designing new buildings and presently in the existing building, the Committee will use reasonable efforts, consistent with budgetary and other requirements to provide for:

1.                  Assigned parking facilities.

2.                  Each teacher shall have a desk and file cabinet for himself.

3.                  (a)        A preparation room where teachers may have access to all

available materials and equipment necessary for the preparation of instructional materials for their classes.

(b)        The Administration shall provide the teachers a preparation room with the equivalent of at least one (1) teachers' aide to copy materials and handle necessary supplies.

4.                  An appropriately furnished room to be used as a staff lounge where teachers may meet as professionals and engage in privileged conversation. Said lounge shall be for the exclusive use of teachers and shall provide direct access to at least one rest room.

5.                  Well-lighted and clean teachers' rest room.

6.                  A telephone for faculty use.

7.                  A mailbox for each teacher.

8.                  Bulletin boards for general building use.

Section F.        Notices and Announcements.

1.                  The Association President shall have a copy of Rules and Regulations of the School Committee when such document is published.

2.                  Information on the accumulated sick leave for each teacher shall be available to each teacher on the first day of each school year or on reasonable request.

3.                  A list of teachers' names and addresses shall be given to the Association President. An addendum will be added whenever necessary.

4.                  A directory of Personnel in the School shall be available to all personnel when issued.

5.                  A copy of school programs shall be accessible to the entire faculty when issued.

6.                  Each teacher within the Regional School will be provided with a copy of this Agreement, the cost of which will be shared jointly by the Association and the Committee

Section G.        Extra-Curricular Activities.

1.                  Compensation shall be paid for all extra-curricular activities, as appropriate, and as those activities are defined in an appendix hereto.

2.                  A list of extra-curricular activities and compensation for these activities shall be posted no later than three (3) working weeks before appointments are to be made, if practicable.

3.                  If no appropriate volunteers are forthcoming for any extra-curricular activity, the Principal and the President of the local Association shall make their joint best efforts to find appropriate volunteers from among members of the bargaining unit.

Section H.        Scholarship Standards.

1.                  The parties agree that continuing study will be given to curriculum development and developing optimum teaching-learning conditions.

2.                  In the event it becomes necessary to pursue curriculum development during the summer months, teachers from the appropriate departments shall be hired at the rates established in Section M of Article XVIII.

Section I.         Providing Substitutes.

1.                  Employment of substitutes for all unit positions shall be the responsibility of the Administration.

2.                  Substitutes shall be provided to cover the classes of regularly assigned teachers when they are absent, when possible.

3.                  Any teacher who is assigned by the Administration to substitute for his/her Department Head shall be compensated for such a period in which he/she substitutes through a per diem based upon Step 1 of the applicable "Responsibility Differentiae for Department Heads. A unit member assigned Department Head duties has a right to refuse the assignment. A unit member assigned Department Head duties and who accepts the assignment will carry out his/her regular responsibilities in addition to the department head duties.

Section J.         Length of School Day and Year.

1.                  The work year of teachers other than personnel who may be required to attend additional days of orientation will begin no earlier than August 25 and terminate no later than June 30. However, the school year may be extended to comply with federal or state requirements and due to any unusual or emergency situations. Before requiring an extension of the school year, the School Committee agrees to apply for all waivers to the State Department of Education and/or other appropriate state/federal departments. Teachers may be required to be in attendance one day immediately prior to the opening of school and one day immediately following the close of school. The school year shall be no longer than the minimum required under Massachusetts law plus seven days, reduced, however, by any unused snow days up to maximum of five such snow days. The Superintendent-Director has the option of establishing a school calendar that will schedule the opening of school in the week prior to Labor Day. The Superintendent may schedule the teacher's 182nd day of school at the beginning of the school year as a freshman orientation day. Beginning in the school year 2002-3, the Superintendent-Director may schedule two (2) additional days for professional development, bringing the total workdays for teachers to 184. The two additional professional development days will be scheduled during or contiguous to the regular school year.

2.                  The school day is based on a five-period schedule. The teacher's school day shall be defined as a seven (7) hour day inclusive of lunch period and shall commence at 7:45 a.m. and terminate at 2:45 p.m., provided, however, that in addition to other duties specified herein, all teachers shall attend staff meetings not more than an average of once a week.

All members of the bargaining unit covered by this Agreement shall be in their assigned places of work no later than 7:45 a.m. in order to assist in the orderly transition of students arriving at school, progressing through the corridors, and into the classrooms and shops, provided, however, that the bargaining unit and the school Administration shall immediately enter into good faith consultation as to the most effective postings of members of the bargaining unit for such purpose.

Notwithstanding other provisions of this Agreement, in order to assist in the orderly dismissal of students, effective commencing the workday after the execution date of this Agreement, all members of the bargaining unit not otherwise assigned pursuant to the provisions of the next sentence hereof shall monitor the corridors immediately adjacent to the classrooms, shops, and other work areas as students leave the building. In addition, six posts (up to four of which may be outside) shall be assigned to Department Heads by the Administration on a rotating basis from 2:30 to 2:45 p.m. (or other dismissal time), or until the busses depart, in order to further assist in the orderly departure of students. Except as stated in this paragraph, the period between 2:30 and 2:45 p.m. shall be unassigned. Notwithstanding other provisions of this Section, the total number of posts for the 7:45 - 8:05 period in the morning plus the six in the afternoon from 2:30 - 2:45 shall not exceed twenty-seven (27) posts.

3.         Each teacher in the bargaining unit shall designate a particular day of the week (which may be reasonably altered by each such teacher from time to time upon reasonable notice to the Superintendent-Director or his designee) on which he or she shall be available within his or her usual room or shop until 3:30 p.m. for the purpose of providing students with opportunity for extra instruction, make-up instruction, and for other educational purposes, provided, however, that as to any teacher for whose so-designated session no student appears by 3:05 p.m. on a particular day, such teacher shall be free to leave the school building at 3:05 p.m. on that day. Teachers in a vocational shop shall provide after school coverage on different days of the week. In cases where teachers chose the same day of the week to provide coverage, the choice will be made by seniority. In case of a tie in seniority, the decision will be made by lot. A student in need of assistance will see his/her teacher for instruction.

4.         Each member of the bargaining unit shall be assigned, on a rotational basis, to serve at least one administration detention throughout the school year. If a teacher is absent on their assigned day, a volunteer may take the assignment and accumulate sixty (60) minutes of compensation time which may be used in conjunction with the language in Article 10, Section B, 7.

5.                  In addition, every member of the bargaining unit shall make himself/herself available on each of two occasions in each academic year for parent-teacher conferences. On each of these two occasions every member of the bargaining unit shall make himself/herself available for a two hour after school parent/teacher conference. The Association further agrees that if parents are still waiting to see teachers after the end of the two hour period, teachers will remain until every parent has had an opportunity to have a conference. This reduction in time shall apply only to first parent/teacher conference and the Committee reserves the right to revert to prior contractual language in its sole discretion. The decision to revert to the prior contractual language by the Committee shall not be subject to the grievance procedure and shall not be arbitrable.

6.                  The bargaining unit shall supply at least thirty (30) volunteers to assist the Administration at graduation rehearsals and at least thirty (30) volunteers to attend graduation ceremonies.

7.                  The bargaining unit shall provide at least two members for each area of instruction to attend an open house to be scheduled once each academic year by the Administration.

8.)        Under Chapter 74 Regulations each Chapter 74 program must have at least two Program Advisory Committee meetings each year. All Chapter 74 programs will provide at least one Department Chair or his/her designee to attend these Program Advisory Committee meetings, but no more than two (2) hours each time.

Section K.       Safety and Health Standards. The School District shall conform with all safety and health laws.

Section L.        Innovative Equipment In the event that new equipment is purchased and a training period is deemed by the Administration to be necessary for any teacher in whose department it is installed, the District Committee agrees to pay the cost of such training in addition to any traveling or living expenses involved, in addition to the salary to which the teacher is entitled for such training time.

Section M        In-Service Training. Any in-service training program at which attendance is required by the Administration shall be a college accredited course of at least three (3) semester hours, unless otherwise determined by the Administration.

Section N.       Guidance Counselors

1.                  The ratio of students for full-time Guidance Counselors is an educational policy matter and wholly within the discretion of the Administration.

2.                  Notwithstanding anything which may appear herein to the contrary, Guidance Counselors and the School Social Worker shall be in attendance one week immediately prior to the opening of the school year and shall remain in attendance one week immediately following the end of the school year.

3.                  Salaries otherwise payable hereunder to Guidance Counselors and the Social Worker shall be increased by [3% for the school year 2008-9. 2.5% for the school year 2009-10 and 2.75% for the school year 2010-111]. Which sum includes all differentials which were in effect through August 31, 2002. See Appendix B for Guidance Counselors' differentials.

Section O.        Security Cameras. The parties agree that the purpose for the newly installed security camera system is to provide a safe environment for the students and staff as well as the school grounds in and around the Northeast Regional High School.

ARTICLE XI

COURSE REIMBURSEMENTS

The Committee agrees to reimburse all teachers to whom this Agreement applies for the cost of tuition for any course successfully completed for the purpose of the

teacher's professional improvement, if such tuition and course shall have been approved by the Administration in writing, provided, however, that for purposes of this Section, the expression "successfully completed" shall mean any course at the undergraduate level passed with a grade "C" or better, and at the graduate level passed with a grade "B" or better. Each member of the bargaining unit seeking reimbursement under this section shall supply to the Administration evidence of payment of the tuition as a precondition of reimbursement for such payment.

For a teacher enrolled at a Community College, State College or University in Massachusetts, reimbursement shall be the actual cost of tuition. For a teacher enrolled at any private College or University in Massachusetts, or out-of-state institution of higher learning, reimbursement shall be the highest amount allowed for a course under the Community College/State College/University system in Massachusetts, but in no event shall the reimbursement exceed the actual costs of tuition. This paragraph shall be retroactive to September 1,1982.

ARTICLE XII

APPLICATION FOR PROMOTION

Section A.        When vacancies occur or are about to occur within the district, or when new positions are to be established, notice of such circumstance shall be posted for a period of seven (7) days on the appropriate teacher bulletin board by the appointing authority and, if school is not in session, shall be sent to all teachers.

Section B.        Qualifications for the applicants for such vacancies or positions, general requirements of the position, salary, and other pertinent information shall be set forth in such notices.

Section C.        Applications shall be accepted from members of the bargaining unit who are qualified by reason of experience, training, capacity, and general ability to execute proficiently all the demands of such positions.

Section D.        Where factors considered in Sections B and C above are equal among a number of candidates, seniority in the Regional School District shall be given consideration for appointments.

Section E.        Such applications shall be in writing and shall set forth the basis on which each applicant requests consideration. Reasonable time shall be allowed for such submission of applications.

Section F.        When a vacancy occurs in a teaching position, attempts will be made to hire a person of comparable qualifications and experience.

ARTICLE XIII

LEAVES OF ABSENCE

Section A.        Association Leave. Employees who are officers of the Association or who are appointed to its staff shall, upon proper application, be given a leave of absence without pay for the purpose of performing legitimate duties for the Association. Employees given leave of absence without pay shall, in order to qualify for the increment raise, file a report of professional improvement.

Provided also that for special purposes, leaves under the above conditions shall be granted from time to time for shorter periods than one year, i.e., three (3) or six (6) months as requested by the Association for special study or research or similar relevant purposes to enhance the knowledge and competency of the Association in administering its responsibilities under this contract. All leaves under this short-term stipulation shall not exceed a total of twelve (12) months in any period of 5 calendar years.

Section B.        Sick Leave. Members of the bargaining unit are entitled to fifteen (15) sick leave days per school year of which six (6) days will be credited to his/her account on the first day of school and one additional day shall be credited in the months from October through June inclusive to an annual total of fifteen (15). Unused sick leave days may be accumulated from year to year up to a limit of 350 days in 1998-1999, 365 days in 1999-2000 and 380 days in 2000-2001.

Effective September 1,1999 members of the bargaining unit who are out on the first day of school are not entitled to sick leave accrual for that current year until their return to duty during that current year. After those members return for ten (10) working days they are entitled to full accrual of fifteen (15) sick days for the current year. Members who do not return to duty for a full school year from September to June are not entitled to the sick leave for that year.

To be eligible to receive paid sick leave, a member shall report illness to the Superintendent-Director or his delegate as soon as is reasonably possible, but in no event later than one (1) hour prior to such member's scheduled reporting time on the first day of absence, unless prevented from doing so by emergency; and shall notify the Superintendent-Director as soon as possible of his/her intended date of return.

The Committee may require a written note from the teacher's doctor after ten (10) consecutive days of absence, said note to include diagnosis and prognosis.

UNUSED ANNUAL SICK-LEAVE ALLOWANCE. At the end of each year the School Committee will compensate the members of the bargaining unit for unused sick leave at a rate of $40 per day in accordance with the following schedule:

Days Absent in                  Compensated                     Amount of

a Single Year                     Days                                  Compensation

None                                     5                                     $200

1                                                       4                                                     160

2                                                       3                                                     120

3                                                       2                                                      80

4                                                       1                                                     40

5 or more               0                                                    0

Section C.        Personal Leave. Teachers shall be granted two (2) days of personal leave annually to conduct business which cannot be conducted outside of school hours. This leave shall not be deducted from sick leave, and shall be applied for a week in advance where practicable, provided, however, that no employee shall take any personal leave on a day immediately preceding or immediately subsequent to any vacation period or school holiday except in case of emergency or other good cause as reasonably determined by the Superintendent-Director. At the end of the school year, a teacher may convert up to two (2) unused personal days to Two (2) sick days on a one to one basis. Effective September 1,1999, members who do not report on the first day of the school year and who do not return during the school year are not entitled to personal days for that school year.

Section D.        The use of sick and personal leave is calculated by periods on the basis of a five (5) period day, exclusive of time before and after school. Any partial use of a period will be pro-rated in fifteen (15) minute intervals.

Section E.        The Family Leave Act is herein incorporated by reference.

Section F.         Sick Pool / Long Term Disability Insurance

1.                  Any member of the bargaining unit may contribute three (3) sick leave days per year to a pool to be available in case of prolonged serious illness, to any member of this bargaining unit who shall have exhausted his own sick leave, up to a limit of borrowing equal to one calendar year for any single employee illness. This pool shall be administered and replenished annually at the discretion of Association's Board of Directors.

2.                  a.         The school district will fund long term disability insurance for

all bargaining unit members at 60% or higher income protection and with a ninety (90) calendar day elimination period.

b.         Sick pool coverage will be reduced to sixty (60) sick days and can be used only after an individual has exhausted his / her own personally accrued sick leave as currently stated in the sick pool rules.

c.         If a change in the policy occurs, members who are excluded from insurance coverage under the policy's "pre-existing condition" rules will continue to be eligible for the 180 sick pool days until they meet the policy's requirement.

d.         Individuals will use their personally accrued sick leave and / or sick pool days proportionately to offset insurance payments to maintain their current income. (Example, 60% insurance + 40% sick day = 100% current income.

e.         All current sick pool rules will apply.

f.          In the event that the disability insurance lapses or is discontinued, the sick pool will return to its 1997 - 1998 contractual status and any accumulated sick pool days will be available for use under the terms of that Agreement.

g.         Until the disability insurance is funded and implemented, the sick pool will continue in effect.

3.         Any teacher in the Regional School District excluded or removed from employment on account of tuberculosis in a communicable state shall be carried on sick leave with pay for the entire period of such exclusion or removal, up to a limit, however, of one calendar year per employee, subject in any event to availability of sick-leave pool time.

4.         Accumulated unused sick-pool days shall carry over from year to year.

Section G.       Funeral Leave. Three (3) days funeral leave shall be granted to teachers upon the death of anyone among their immediate family, in-laws, (i.e., siblings-in-law, parents-in-law, or children-in-law) or anyone residing in the same household with the teacher. In addition:

1.                  Funeral leave of one (1) day shall be allowed on the death of any relative not covered in the preceding paragraph.

2.                  School shall be closed on the day of a funeral of a teacher in the school.

Section H.        Military Leave

1.                  Military leave of absence without pay shall be granted to a teacher inducted into the Armed Forces for the required length of service, according to the terms of the Selective Service Training Act of 1940 and subsequent amendments by Congress.

2.                  The progress of a teacher inducted into the Armed Forces on the salary schedule shall not be interrupted because of said induction. Upon return to service in the Northeast Regional School District, a teacher shall be placed on the salary schedule at the level to which he would have been entitled had his service not been interrupted.

Section I.         Reserve Forces Leave. Every person who is a member of a reserve component of the Armed Forces of the United States shall be granted such benefits as are provided under Section 5 of Chapter 33 of the General Laws, if the tour of duty is during the school year provided that such leave shall not exceed seventeen (17) calendar days, and provided that all teachers shall endeavor to have such duty scheduled outside their respective employment years as specified hereunder.

Section J.         Religious Leave. Jewish teachers shall be excused with pay for a total of three (3) days of class sessions on Rosh Hashanah and Yom Kippur, and Greek and Russian Orthodox teachers shall be excused with pay from class sessions on Orthodox Friday, provided in any such cases the teachers involved shall notify the Administration at least two (2) weeks in advance of any such excused days so as to enable the Administration to obtain substitute teachers.

Section K.        Maternity Leave. The Committee agrees to extend to its employees all maternity leave benefits required by law. No maternity leave can extend beyond the second September next following the birth of the child.

Section L.        Visiting Days. Teachers may visit in other classes or in other cities and towns to observe teaching techniques and inspect teaching materials with the permission of the Superintendent-Director.

Section M.       Professional Leave

1.                  The Superintendent-Director may request teachers to attend professional conferences, workshops, seminars, or conventions which relate to the activity of the school, and the travel and maintenance expenses of teachers in connection therewith shall be defrayed by the Administration.

2.                  The President of the Northeast Teachers' Association and/or his designee, as well as other members directly involved in negotiations or grievances, shall be granted such leave as necessary to the conduct of business mutually involving the School and the Association up to a maximum of ten (10) days.

3.                  The Association President shall have his/her schedule reduced by one (1) period to conduct union business

Section N.        Delegates' Leave. Upon seven (7) days written notice, the Superintendent may approve a leave of absence with pay for such time as he deems reasonable for officers and/or members of the Association not to exceed two (2) in number, as may be designated by the Association to attend Massachusetts Teachers' Association or National Educational Association conferences and/or conventions.

Section O.        Unpaid Leaves of Absence. An extended leave of absence without pay of up to one year may be granted by the Committee at its discretion. Benefits will be restored upon return from such leave, but there will be no accrual of benefits while on said leave, including no advancement on the salary schedule while on said leave. An employee on such leave may elect to remain an active participant in his/her health plan covered by this Agreement by paying 100% of the monthly cost of said plan for each month on unpaid leave.

ARTICLE XIV

GRIEVANCE   PROCEDURE

Should any dispute arise as between the Committee and the Association or its members as to the meaning and application of this Agreement, such dispute shall be a grievance and shall be finally settled in the following manner:

Section A.        Level One. An employee with a grievance shall present it in writing, and signed by the grievant, to the Department Head either directly or through the Association, within five (5) working days after the earlier of (a) the event grieved of, or (b) the date upon which the grievant learns of such event.

Section B.        Level Two. If the grievance is not resolved to the satisfaction of the grievant or the Association within five (5) working days after submission at Level One, the grievant or the Association may present the grievance to the Principal/Deputy-Director within five (5) days thereafter. A representative of the Massachusetts Teachers' Association may be present at this hearing.

Section C.        Level Three. If the grievance is not resolved to the satisfaction of the grievant or the Association within five (5) working days after submission at Level Two, the grievant or the Association may present the grievance to the Superintendent-Director within five (5) days thereafter. A representative of the Massachusetts Teachers' Association may be present at this hearing.

Section D.        Level Four. If the grievance is not resolved to the satisfaction of the grievant or the Association within ten (10) working days after the submission at Level Three, the grievant or the Association may present the grievance to the Committee at its next regular meeting provided that notice is given to the Superintendent-Director seven (7) calendar days prior to the meeting. At such hearing, the grievant may have present with him or her the Grievance Committee of the Association and the Association's negotiator or other representative. The Committee has ten (10) working days to reply after the meeting.

Section E.        Level Five

1.         In case of failure to settle the grievance in the foregoing manner either party, within twenty-six (26) working days after the Level Four meeting, may request that the matter be presented to the Massachusetts Board of Conciliation and Arbitration. The decision of the Board of Conciliation and Arbitration shall be final and binding on both parties.

Any arbitration fees shall be borne equally by the Committee and the Association.

2.         Any grievance not commenced during the term of this Agreement shall lapse. Notwithstanding anything to the contrary appearing in this Agreement, all provisions of the laws of the Commonwealth of Massachusetts governing or which may govern a grievance procedure shall take precedence over any thing provided herein. Except to the extent which matters involving selection, retention, assignment, transfer, or promotion of a teacher, or educational policy are specifically covered in this Agreement, no decision of the Committee involving the selection, retention, assignment, transfer, or promotion of a teacher, or an any question of educational policy shall be a subject of arbitration or grievance under this Agreement, and no Arbitrator shall have any power to alter, add to, or detract from the provisions of this Agreement.

ARTICLE XV

DURATION

The duration of this Agreement is from [August 25. 2008 through June 30. 2011].

ARTICLE XVI

NO-STRIKE CLAUSE

Section A.        The Association agrees that it will not call, authorize, or ratify a strike or stoppage during the term of this Agreement, except for the employer's failure to submit to arbitration or to comply with the decision of an arbitrator or Board of Arbitrators as provided in this Agreement. Should any strike or stoppage occur, the Association shall endeavor in good faith within 24 hours after receipt of written notice thereof (which shall include telegraphic notice) from the employer to bring about the return to work of its members who have stopped work; and upon the failure of any employee to return to work within said 24-hour period, the employer may at its option consider such employees have abandoned their employment.

Section B.        The employer agrees that it will not order, authorize, or ratify a lockout during the life of this Agreement. Should any lockout occur, the employer shall endeavor in good faith within 24 hours after receipt of written notice thereof (which shall include telegraphic notice) from the Association to terminate the lockout and re­employ the employees. Upon the failure of the employer to do so within said 24-hour period, the Association at its option may treat the matter as a dispute under the grievance procedure herein.

ARTICLE XVII

TEACHER EVALUATION AND FILES

Section A.        All observation by any means for the purpose of evaluating the professional performance of a teacher will be conducted openly and with the teacher's full knowledge. All monitoring or observation of the work of a teacher shall be conducted openly and with full knowledge of the teacher. The use of eavesdropping, closed-circuit television, public address or audio systems, and similar surveillance devices shall be strictly prohibited. Closed circuit television, tape recorder or videotape machines may be used for evaluative purposes if the teacher agrees.

Section B.        No teacher shall receive adverse comments orally from any supervisor in the presence of pupils.

Section C.        Teachers will review all evaluation reports and be given a copy of said evaluation report duly prepared for such instances in the form and manner agreed upon by the Administration and the Professional Advisory Committee (of Article XIX, Section A). Further, teachers will have the right to discuss said report with their superiors before it is filed.

Section D.        Personal File

1.                  Teachers have the right, upon request, to review the contents of their personal file. Any teacher will be entitled to have a representative of the Association accompany him/her during such a review.

2.                  No material derogatory to a teacher's conduct, service, character or personality will be placed in his personal file unless the teacher has had an opportunity to review the material beforehand. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be fried with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material on the reverse side of the evaluation or complaint, and his/her answer shall be reviewed by the Superintendent.

Section E.        The Association recognizes the authority and responsibility of the Superintendent, Principal/Deputy-Director, Vice-Principal, and Department Heads for disciplining or reprimanding a teacher. In any event, the teacher will be entitled to have a representative of the Association present.

Section F.        No professional staff member will be disciplined, reprimanded, reduced in rank or compensation without just cause provided that the above does not apply to the dismissal or non-renewal of a teacher without professional status or to the dismissal of a teacher with professional status which shall be handled on accordance with the procedure set forth in Chapter 71, §A2 of the Massachusetts General Laws

Section G.        Any contention that any evaluation is arbitrary or discriminating may be raised as a grievance.

Section H.        Any complaint regarding a teacher from a parent, student, or other person requiring Administrative action shall be promptly called to the attention of the teacher.

Section I.         The Superintendent, Principal/Deputy-Director, Vice-Principal, and Department Heads will be provided, on request, with all materials which pertain to the progress of a student in school, such as report cards.

Section J.        The NTA and the Northeast School Committee will meet to negotiate on the matter of the DESE teacher evaluation process. The results of that negotiation will be ratified and incorporated into the Agreement as soon as possible.

ARTICLE XVIII

COMPENSATION

Section A.        Placement on Salary Schedule. A teacher's initial placement on the salary schedule shall reflect full credit for all earned degrees and semester hours of credit plus all appropriate teaching and work experience which is in excess of that required for teachers' certification, up to and inclusive of the 12th step on the salary schedule, based upon such records as the teacher shall present to the Administration at the time of hiring; and such initial placement shall not be subject to change at any later time on the basis of records not supplied at the time of hiring.

Section B.        Progression on the Salary Scale.

1.                  Credits will include credit approved by the Administration for work in industry or related trades, credit for courses at an accredited institution, or training required for the operation of new equipment, or the learning of a new process.

2.                  All courses required by the school shall be counted towards advancement on the salary scale. Specifically, all special education courses required of vocational instructors that were not previously allowed for advancement on the salary scale shall now be counted towards advancement.

3.                  PDP's and / or CEU's may be used to move across the salary schedule based on the following conditions:

a.         PDP's and / or CEU's apply if the topic increases the teacher's body of knowledge in the subject area and / or enhances the teacher's ability to teach.

b.         Fifteen (15) PDP's = 1.5 CEU's = 1 Credit = 15 Clock Hours

c.         Prior approval is required for PDP's acquired outside of Northeast.

4.         Advancement from level to level shall be implemented February 1 and September 1, provided requirements for such advancement shall have been fulfilled prior to said dates. In cases wherein evidence of achievements is delayed, compensation shall be retroactive.

Section C.        Method and Time of Salary Payment

1.                  Salaries of regular teachers shall be paid in twenty-six (26) equal installments starting with the first week of the school year in September, and continuing through August. All installments remaining unpaid at the close of the school year, shall be paid in one sum upon request. If a teacher leaves or dies during the school year, he/she or his/her estate shall be entitled to a pro-rated share based on his/her period of service in relation to the number of weeks school is in session during the school year, minus the compensation already paid.

2.                  Self-addressed and dated envelopes will be provided no later than closing day by teachers who desire to have their summer pay mailed to them.

3.                  In addition to the pay plan provided for in paragraph 1 above, teachers have the option of electing a 20-equal installment pay plan covering the work year from September 1 to June 30, provided written notice to the Administration is submitted by June 30 of each school year. The first installment shall be made on the first regular scheduled pay day in September with two payments per month to be made on the regular scheduled pay days for non-unit employees. The last installment shall be made on the last day of school in June.

Section D.        Anniversary Dates. For the purposes of salary payment, teachers serving at least 91 days in any school year will advance a step on the salary schedule commencing the September following such school year, provided, however, that with respect to every member of the bargaining unit whose service at the school shall commence on or after September 1, 1978, the step increase otherwise payable under this Agreement as an annual adjustment of compensation shall be payable only if so voted by the Committee after review of evaluations and recommendations by the Administration.

Section E.        Mileage Allowance. Mileage allowance, where payable or reimbursable, shall be at the current I.R.S rate as of the first day of the school year

Section F.         Travel Insurance. Any teacher transporting students to and from outside work projects or any school-related activities shall be covered by insurance in case of any accidents.

Section G.        Department Heads. For the school years [2008-2011] the Department Head differentials in effect for all Department Heads covered by this Agreement shall be increased item by item as follows:

[2008-9—3% over the level in effect for the school year 2008-9]

[2009-10—2.5% over the level in effect for the school year 2009-10]

[2010-11—2.75% over the level in effect for the school year 2010-11]

Should the Committee choose to abolish a department head position during the term of a collective bargaining agreement, payment of the stipend for that position shall cease at the end of the contract year during which abolition of the position occurs.

The Department Head Differentials for [2008-2009, 2009-2010. and 2010-2011]. are found in Appendix B.

Section H.        General Salary Scale. The General Salary Scales for [2008-2009. 2009-2010. and 2010-2011] are found in Appendix A.

Section I.         Athletic Coaches. The following shall be the annual salary differential ("Differential" means in addition to otherwise applicable basic salary schedule) of the athletic coaches:

ARTICLE XVII

COMPENSATION SECTION I - ATHLETIC COACHES

 

2008-09

2009-10

2010-11

Head Football

$8,158

$8,362

$8,591

Assistant Football

$5,488

$5,625

$5,780

Assistant Football

$5,488

$5,625

$5,780

Assistant Football

$5,488

$5,625

$5,780

Assistant Football

$5,488

$5,625

$5,780

Head Cross Country

$3,651

$3,743

$3,846

Golf Coach

$3,651

$3,743

$3,846

Head Boys Soccer

$6,395

$6,555

$6,735

Assistant Boys Soccer

$4,576

$4,691

$4,820

Head Girls Soccer

$6,395

$6,555

$6,735

Assistant Girls Soccer

$4,576

$4,691

$4,820

Head Volleyball

$6,395

$6,555

$6,735

Assistant Volleyball

$4,576

$4,691

$4,820

Head Boys Basketball

$6,395

$6,555

$6,735

Assistant Basketball

$4,576

$4,691

$4,820

Freshman Basketball

$4,576

$4,691

$4,820

Head Girls Basketball

$6,395

$6,555

$6,735

Assistant Girls Basketball

$4,576

$4,691

$4,820

Head Hockey

$6,395

$6,555

$6,735

Assistant Hockey Hockey

$4,576

$4,691

$4,820

Assistant Hockey

$4,576

$4,691

$4,820

Head Swimming

$6,395

$6,555

$6,735

Assistant Swimming

$4,576

$4,691

$4,820

Head Baseball

$6,395

$6,555

$6,735

Assistant Baseball

$4,576

$4,691

$4,820

Head lacrosse

$6,395

$6,555

$6,735

Assistant Lacrosse

$4,576

$4,691

$4,820

Head Softball

$6,395

$6,555

$6,735

Assistant Softball

$4,576

$4,691

$4,820

Head Outdoor Track & Field

$3,651

$3,743

$3,846

Asst. Outdoor Track & Field

$3,196

$3,276

$3,366

Athletic Director

$8,158

$8,362

$8,591

Equipment Manager

$6,395

$6,555

$6,735

Fall Intramural Coordinators (2)

$1,453

$1,490

$1,531

Spring Intramural Coordinators (2)

$1,453

$1,490

$1,531

and all said amounts are inclusive of all such differentials, if any, in effect through August 31, 2011.

If the Athletic Director is a full-time teacher at Northeast, the employer will make reasonable efforts to schedule no more than 50% teaching periods per day. In addition to the base teacher salary, the teacher shall receive the stipend pursuant to Article XVIII Section I. Any person hired other than a full-time teacher will only receive the stipend pursuant to Article XVIII Section I.

Section J.        Advisors. The Following shall be the annual salary differential ("Differential" means in addition to otherwise applicable basic salary schedule) of the advisors:

SECTION J-Advisors

 

 

 

 

2008-09

2009-2010

2010-2011

Senior Class

$3,493

$3,580

$3,678

Junior Class

$3,493

$3,580

$3,678

Sophmore Class

$3,493

$3,580

$3,678

Freshman Class

$3,493

$3,580

$3,678

Student Council

$3,493

$3,580

$3,678

Asst. Student Council

$1,747

$1,791

$1,840

Yearbook

$3,493

$3,580

$3,678

VICA Advisor

$3,493

$3,580

$3,678

Assistant VICA Advisor

$1,747

$1,791

$1,840

Newspaper Advisor

$3,493

$3,580

$3,678

Cheerleader Advisors (2)

$3,493

$3,580

$3,678

Scholarship Committee Chairperson

$3,493

$3,580

$3,678

Student Activity Chairperson

$3,493

$3,580

$3,678

Voc/National Honor Society Advisor

$4,190

$4,295

$4,413

SADD Advisor

$3,493

$3,580

$3,678

and all said amounts are inclusive of all such differentials, if any, in effect through August 31, 2011.

Section K.        Summer Months. Any member of the bargaining unit who during the summer months performs a service or function similar to that performed in the regular day school program shall be compensated at the rates established in Section M of Article XVIII.

Section L.        School Nurse and School Librarian. Effective September 1,1989, the School Nurse shall be paid according to the following Salary Schedule: (On September 1,1984, the School Nurse was placed initially on Step 1 of the then existing Salary Schedule for the School Nurse.)

Section L - School Nurse and School Librarian

Step

2008-09

2009-2010

2010-2011

1

$42,671

$43,738

$44,941

2

$44,889

$46,011

$47,277

3

$47,105

$48,283

$49,610

4

$48,709

$49,926

$51,300

5

$50,626

$51,892

$53,319

6

$51,618

$52,908

$54,363

7

$52,610

$53,925

$55,408

8

$53,604

$54,944

$56,455

Section M.       Late Afternoon Program

1.            Late Afternoon Program employees and all other hourly paid work shall be paid at the rate of [$39.22 per hour for 2008-2009, $40.20 per hour for 2009-2010, and $41.31 per hour for 2010-2011]

2.            Every Department Head working as such in the regular day program who, at the request of the Administration, performs work in connection with the Late Afternoon Program from time to time in addition to his/her regular day-program duties shall receive two hours per week additional compensation at hourly rates of pay effective under this Agreement, as amended.

Section N.        Longevity. After the fifteenth (15th) year of service and through the end of the nineteenth (19th) year, after the twentieth (20th) year and through the end of the twenty-fourth (24th) year, after the twentieth (25th) year and through the end of the twenty-ninth (29th) year and for each year after the thirtieth (30th) year of service at Northeast, each member of the bargaining unit shall receive a lump sum longevity payment in recognition of his/her long-term service to Northeast. While this longevity payment will be part of one's annual salary, it will be paid as a lump sum in a separate check as indicated below:

Effective 2002 - 2003

After the fifteenth (15th) year - $800 payable with the last paycheck in June.

After the twentieth (20th) year - $1,400 payable with the last paycheck in June.

After the twenty-fifth (25th) year - $2,000 payable with the last paycheck in June.

After the thirtieth (30th) year - $3,000 payable with the last paycheck in June.

In the event of the death of a member of a bargaining unit, the longevity will be paid to the member's estate within thirty (30) days of receipt of a copy of the death certificate. In the event a member is laid off, the longevity will be paid with the final paycheck. If a member retires during the school year, the longevity payment will be prorated and will be paid in the final check. In the event a member voluntarily leaves employment during the course of the school year, no payment will be made.

For the purpose of identifying eligibility for the longevity payment, the following conditions will apply:

1.                  For employees initially hired prior to and during the school year 1998-1999 who either remain in the employ of the District or who have left or leave and are later re-employed by the District, a year of service will be defined as any year in which an individual has been employed for ninety (90) or more days of the school year.

2.                  For employees initially hired after the school year 1998-1999 longevity will be based on continuous years of service and a year of service will be defined as a period of one hundred and eighty (180) school days from one's date of hire. If an employee initially hired after the school year 1998-99 leaves the District and is later re-employed by the District, time accrued for purposes of longevity shall be calculated from the employee's most recent date of hire.

ARTICLE XIX

PROFESSIONAL CONSULTATIONS

Section A.       In recognition of the professional standing of teachers and the fact that teachers' ideas and opinions, systematically and periodically collated and expressed, are of significant value in improving the quality of education in, as well as the efficient and economical operation of, the Northeast Regional School District; and in recognition of the Association's knowledge of the ideas and opinions of the teachers, the parties agree that a Professional Consultation procedure should be established to be operative during the term of this Agreement.

Section B.       This procedure is not intended to replace the grievance or arbitration procedures set forth herein or to make any matter a mandatory subject of discussion which would not be a mandatory subject of discussion in the absence of the provisions of this Article.

Section C.       Consultation sessions will be scheduled with the Committee once every two months upon written request of the Association. Two weeks prior to the dates scheduled for the consultation, the Association will submit a written agenda of subjects about which it desires to consult at the meeting with the Superintendent-Director. The consultation will be confined to the subjects on that agenda.

In the event that the need arises for additional meetings or additional time at scheduled meetings, these will be arranged by mutual agreement between the Chairman of the School Committee and the President of the Northeast Teachers' Association.

ARTICLE XX

SICK-LEAVE BUY-BACK

In recognition of dedicated service to the students of the School, any teacher covered by this Agreement who has taught ten (10) or more consecutive years in the School shall obtain, if he/she applies, an increase in compensation according to the procedure that follows. (For members hired prior to or during the school year 2002-2003, the years do not have to have been served consecutively.):

Any eligible teacher who desires to participate in this program will so notify the Superintendent-Director in writing at least one (1) year prior to the effective date on which he/she intends to retire under the provisions of the Massachusetts Teachers' Retirement Act. If such notice is duly submitted, the individual concerned will be paid a lump sum within fifteen (15) working days following the effective date of retirement based on forty ($40) per day for each accumulated sick leave day not exceeding 350 days for 1998 -1999, 365 days for 1999 - 2000 and 380 days for 2000 - 2001. The notice requirement of this section is intended for budget considerations and may be waived in any case where an unanticipated physical disability requires the retirement under the provisions of the Teachers' Retirement Act.

ARTICLE XXI

ADDITIONAL COLLEGE CREDITS REQUIRED

Section A.        All professional staff members are required to take a minimum of one college course of three credit-hour value per each three-year period. A grade consisting of a graduate level passing grade in the case of a graduate course, must be obtained for increment purposes. Such courses, as well as others taken in line with school requirements, must be taken at colleges accredited by the six regional associations accrediting institutions of higher learning as listed on page six of the publication, Accredited Higher Institutions by the U. S. Department of Health, Education and Welfare, Office of Education. If approved by the Superintendent-Director, in-service courses sponsored by the school or the Northeast Teachers' Association, or courses offered by industry, will be applied as incremental credits on all salary schedules.

Section B.        Such courses must either be a part of a degree-granting program or reasonably related to the teacher's field of specialization. In any event, courses shall be approved in advance by the Superintendent-Director. Each individual will be notified of the action taken on his course request within ten (10) days of filing the application with the Superintendent-Director.

Section C.        Responsibility for conforming to this regulation rests with each teacher. Teachers failing to comply with this regulation will be ineligible to receive any increment until evidence of compliance is presented.

Section D.        Notice of completed courses must be submitted to the Superintendent-Director's office prior to August 15. Any teacher who is on maximum and who does not complete this requirement will not receive a salary adjustment from any changes in salary schedule until the requirement is complied with.

Section E.        In-Service courses sponsored by the school or NTA, if approved by the Superintendent-Director, may on occasion be offered for increment credit.

ARTICLE XXII

TEACHERS' DUTIES

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

In accord with Article XIX, a Study Committee consisting of two persons appointed by the School Committee and two persons appointed by the Teachers' Association will examine the question of class size, the need, utilization and cost of teachers' aides. The report of this Committee may become the subject of negotiations in regard to future contracts.

ARTICLE XXIII

EDUCATIONAL LEAVE

Section A.        Leave of absence with pay may be granted to teachers at the discretion of the Superintendent for the purpose of visiting other schools or attending meetings or conferences of an educational nature.

Section B.        The Committee shall pay reasonable expenses (including but not limited to registration fees, meals, lodging, or transportation) incurred by teachers who are required by the Superintendent to attend workshops, seminars, or other approved professional improvement sessions.

It may pay all or part of such expenses of teachers whose request to attend similar courses it approves (provided, however, that such travel and amount shall have been provided for and are expendable in the existing school department budget).

Section C.        Teachers requesting reimbursement from the Committee under this section will submit to the Superintendent a voucher individually listing the expenses for which reimbursement is sought for his approval in whole or in part.

ARTICLE XXIV

DRIVER EDUCATION

Driver Education shall be included among the types of work to be compensated at hourly rates.

ARTICLE XXV

REDUCTION IN FORCE

Section A.       The parties recognize that, although there is currently no lessening of applications for student places at the School, it is nevertheless in the interest of the parties to consider a measure for orderly reduction in force should circumstances arise which would compel such reduction, and to provide for reasonable protection of teachers consistent with the rights of the Committee as employer, and the educational interests of the students. Accordingly, the parties agree that in the event the Committee should decide to reduce the number of positions in the bargaining unit for any reason, the order of layoffs which would govern the laying off of members of the bargaining unit shall be determined by the Committee on the basis of seniority, and if such reduction should necessitate the layoff of one or more employees in any department, the order of layoff will be in the inverse order of seniority. An employee so laid off and who is certified for another department shall be able to "bump" the least senior member of that other department if the bumping employee has greater seniority than the least senior member of the other department and has been regularly assigned in such other department for at least two entire school years during the eight years next preceding the date of layoff notice to a position for which he/she was certified at the time he/she was assigned.

Section B.       The word "department" shall be understood to refer to the list of departments as departments existed at the School on September 1,1980.

Section C.       Seniority is the length of continuous service in the bargaining unit measured from the first date for which compensation was received and shall include authorized leaves of absence of up to one year per leave.

1.                  Effective upon the ratification and execution of this Agreement, the positions of Administrator of Student Services and the Chairperson-Special Needs-Team Evaluation (Sp.Ed.) are removed from the bargaining unit. As of that date they shall be removed from the seniority list and shall lose all rights to a position within the unit.

2.                  The parties affirm the intent of this seniority definition by stating that anyone who has left or who leaves a position within the unit for a position outside the bargaining unit breaks his/her seniority and shall be removed from the seniority list immediately and shall lose all his/her rights to a position within the unit.

Section D.       In the event two or more employees have the same seniority as defined above, the teacher who is horizontally the furthest on the salary scale as of the date of layoff notice will have the greater seniority; but if a tie in seniority still exists, the tie shall be broken by lot, and the teachers affected by the lot shall have the right to be present at the drawing.

Section E.        Where practicable, but consistent with the foregoing, the Committee shall attempt to lay off non-tenured teachers prior to laying off tenured teachers.

Section F.        Where practicable, the Committee shall, on or before May 1 of the school year prior to the school year for which a position shall be eliminated, notify any teacher whose position has been eliminated.

Section G.        Teachers laid off from a department shall be recalled in reverse order of layoff of all teachers from that department. In the event a teacher is recalled and refuses to agree in writing within 30 days following recall that such teacher will return to the School, the rights of that teacher under this Article shall lapse. Teachers who have been laid off shall have preference for all substitute assignments in their area of qualification. Any teacher returning to the School after layoff will be placed upon the salary schedule one step level in advance of the step level attained in the last year of employment at the School during which such teacher worked at least 91 days, subject, however, to the provisions of Paragraph D of Article XVIII, as amended.

Section H.        Based on facts as of November 1, of each year, the Superintendent-Director shall assemble a list of the members of the bargaining unit covered by this Agreement according to seniority as defined in this Agreement as amended; and he shall supply a copy of such list to the President of the Association by December 1. If the Association desires to challenge the placement of any employee on the seniority list, the President shall, no later than January 15, of the same school year, submit to the Superintendent-Director a list of all such challenges, together with reasons therefor. The President and the Superintendent-Director forthwith shall attempt, in good faith, to expedite agreement between them to resolve all such challenges. If any challenges remain unresolved on February 1, of the same school year, then the parties shall submit same to expedited arbitration before Arbitrator Marcia L. Greenbaum, with the intention that her decisions will be rendered on all challenges as resolved between the President and the Superintendent-Director, or by the Arbitrator, shall be certified by the parties and shall become a part of this Agreement. The parties shall share equally in the cost of retaining the Arbitrator.

Teachers shall have recall rights for three (3) school years following the date of layoff.

The Superintendent-Director shall update the seniority list based on new facts as of November 1 of each year. Not withstanding the updating and maintenance of the list, anyone who leaves the bargaining unit, consistent with Section C.2 of this Article, shall be removed from the list immediately and shall lose all rights to a position in the unit.

Attached and Part of this Contract:

Appendix A

All Other Wage Items, [Requirements for Salary Schedule Placement]

[Appendix A. Salary Schedule 2008-11]

Requirement for Salary Schedule Placement

Schedule 1

Provisional Certification

Academic Certification with a Bachelor's Degree

Schedule II

Minimum Vocational Certification

Academic Certification with a Bachelor's Degree plus 15 s.h. credit

Schedule III

Minimum Vocational Certification plus 30s.h. credit

Academic Certification with a Bachelor's Degree plus 30 s.h. credit

Schedule IV

Minimum Vocational Certification plus 45 s.h. credit

Academic Certification with the Master's Degree

Schedule V

Minimum Vocational Certification plus 60 s.h. credit

Academic Certification with the Master's Degree plus 15 s.h. credit

Schedule VI

Minimum Vocational Certification plus Bachelor's Degree

Academic Certification with Master's Degree plus 30 s.h. credit

Schedule VII

Minimum Vocational Certification plus Bachelor's Degree and 15 s.h. credit

Academic Certification with Master's Degree plus 60 s.h. credit

Schedule VIII

Minimum Vocational Certification with a Master's Degree

Academic Certification with the Masters Degree plus 90 s.h. credit

or an earned doctorate

* Vocational teachers shall not be able to apply past special educational courses required by the school to advance.

** No teacher shall lose salary scale status because of the schedule change.

*** No teacher shall be able to use the salary scale change to "automatically" advance more than one schedule in the first three years of the contract

APPENDIX A

2008-09

STEPS

l/BA

ll/BA+15

lll/BA+30

IV/MA

V/MA+15

VI/MA+30

VII/MA+60

VIII/MA+90

1

$41,067

$42,216

$43,365

$44,508

$45,656

$46,799

$47,942

$49,088

2

$42,979

$44,120

$45,272

$46,420

$47,563

$48,717

$49,855

$51,004

3

$44,887

$46,037

$47,188

$48,329

$49,475

$50,626

$51,764

$52,914

4

$46,799

$47,942

$49,088

$50,238

$51,383

$52,528

$53,676

$54,819

5

$48,709

$49,855

$51,004

$52,145

$53,296

$54,437

$55,583

$56,733

6

$50,626

$51,764

$52,914

$54,061

$55,203

$56,351

$57,494

$58,641

7

$52,528

$53,676

$54,819

$55,967

$57,112

$58,260

$59,403

$60,553

8

$54,437

$55,583

$56,733

$57,877

$59,024

$60,175

$61,319

$62,458

9

$56,351

$57,494

$58,638

$59,786

$60,937

$62,081

$63,226

$64,372

10

$58,260

$59,403

$60,553

$61,696

$62,839

$63,994

$65,137

$66,284

11

$60,175

$61,319

$62,458

$63,608

$64,752

$65,898

$67,047

$68,193

12

$62,081

$63,230

$64,372

$65,517

$66,664

$67,812

$68,956

$70,097

13

$64,005

$65,141

$66,284

$67,433

$68,577

$69,721

$70,865

$72,015

14

$65,898

$67,047

$68,198

$69,337

$70,485

$71,632

$72,780

$73,923

15

 

 

 

 

$72,398

$73,539

$74,688

$75,835

2009-10

STEPS

l/BA

ll/BA+15

lll/BA+30

IV/MA

V/MA+15

VI/MA+30

VII/MA+60

VIII/MA+90

1

$42,094

$43,271

$44,449

$45,621

$46,797

$47,969

$49,141

$50,315

2

$44,053

$45,223

$46,403

$47,581

$48,752

$49,935

$51,101

$52,279

3

$46,010

$47,188

$48,368

$49,537

$50,712

$51,891

$53,058

$54,237

4

$47,969

$49,141

$50,315

$51,494

$52,667

$53,841

$55,018

$56,189

5

$49,926

$51,101

$52,279

$53,448

$54,629

$55,797

$56,972

$58,152

6

$51,891

$53,058

$54,237

$55,412

$56,583

$57,760

$58,931

$60,107

7

$53,841

$55,018

$56,189

$57,366

$58,540

$59,716

$60,888

$62,066

8

$55,797

$56,972

$58,152

$59,324

$60,500

$61,679

$62,852

$64,020

9

$57,760

$58,931

$60,104

$61,281

$62,460

$63,633

$64,806

$65,981

10

$59,716

$60,888

$62,066

$63,238

$64,410

$65,594

$66,766

$67,941

11

$61,679

$62,852

$64,020

$65,198

$66,371

$67,546

$68,723

$69,898

12

$63,633

$64,810

$65,981

$67,155

$68,330

$69,507

$70,680

$71,849

13

$65,605

$66,770

$67,941

$69,119

$70,292

$71,464

$72,637

$73,815

14

$67,546

$68,723

$69,903

$71,070

$72,247

$73,423

$74,599

$75,771

15

 

 

 

 

$74,208

$75,377

$76,556

$77,731

2010-2011

STEPS

l/BA

ll/BA+15

lll/BA+30

IV/MA

V/MA+15

VI/MA+30

VII/MA+60

VIII/MA+90

1

$43,251

$44,461

$45,672

$46,876

$48,084

$49,288

$50,492

$51,699

2

$45,265

$46,467

$47,679

$48,889

$50,093

$51,308

$52,507

$53,716

3

$47,275

$48,485

$49,698

$50,899

$52,106

$53,318

$54,517

$55,729

4

$49,288

$50,492

$51,699

$52,910

$54,115

$55,322

$56,531

$57,734

5

$51,299

$52,507

$53,716

$54,918

$56,131

$57,332

$58,539

$59,751

6

$53,318

$54,517

$55,729

$56,936

$58,139

$59,348

$60,552

$61,760

7

$55,322

$56,531

$57,734

$58,944

$60,150

$61,359

$62,563

$63,773

8

$57,332

$58,539

$59,751

$60,955

$62,163

$63,375

$64,580

$65,780

9

$59,348

$60,552

$61,757

$62,966

$64,178

$65,383

$66,588

$67,796

10

$61,359

$62,563

$63,773

$64,977

$66,182

$67,398

$68,602

$69,809

11

$63,375

$64,580

$65,780

$66,991

$68,196

$69,403

$70,613

$71,820

12

$65,383

$66,593

$67,796

$69,002

$70,209

$71,419

$72,624

$73,825

13

$67,410

$68,606

$69,809

$71,020

$72,225

$73,429

$74,634

$75,845

14

$69,403

$70,613

$71,826

$73,024

$74,234

$75,442

$76,651

$77,855

15

 

 

 

 

$76,248

$77,450

$78,661

$79,868

Appendix B            Responsibility Differentials -Dept. Heads and Counselors

APPENDIX B

RESPONSIBILITY                DIFFERENTIAL DEPT. HEADS

STEP

# OF MEMBERS

2008-09

2009-10

2010-11

1

3

$4,840

$4,961

$5,097

2

 

$5,324

$5,457

$5,607

3

 

$5,746

$5,890

$6,052

1

4 to 7

$5,746

$5,890

$6,052

2

 

$6,218

$6,374

$6,549

3

 

$6,668

$6,835

$7,023

1

8 or more

$6,668

$6,835

$7,023

2

 

$7,123

$7,302

$7,502

3

 

$7,582

$7,771

$7,985

GUIDANCE COUNSELORS AND SCHOOL ADJUSTMENT COUNSELORS

2008-09                              2009-10         2010-11

$4,076                                  $4,178          $4,293

APPENDIX C

NORTHEAST METROPOLITAN REGIONAL VOCATIONAL HIGH SCHOOL

EVALUATION PROCESS

PURPOSE

DEFINITIONS

RIGHTS, PROCESSES AND PROCEDURES

OBSERVATIONS

PRE-PROFESSIONAL. TEACHER STATUS EVALUATION

PROFESSIONAL TEACHER STATUS EVALUATION

IMPROVEMENT PLANS

DEPARTMENT HEAD EVALUATION

APPENDIX A, TEACHER OBSERVATION FORM

APPENDIX B, TEACHER EVALUATION FORM

APPENDIX C DEPARTMENT HEAD EVALUATION FORM

ADDENDUM, Reference To Currant Article XVII, Teacher

Evaluation And Files

ADDENDUM, New Article, Teacher Rights

PURPOSE

The evaluation process Is instituted to assess the effectiveness of education In the Northeast Metropolitan Regional Vocational High School District The process Is a comprehensive, constructive and cooperative one that stresses the need for Interaction and communication between the administration and the teachers. The goal of evaluation Is to ensure that teachers have the skills necessary to provide the best possible Instruction. Toward this end, observations/evaluations are to provide' reinforcement to teachers, acknowledge teachers' strengths, and assist In helping teachers to Improve In those areas Speciflcally identified and substantiated as areas In which Improvement Is desired. Evaluations will also provide the written record of facts and assessments of teacher performance.

DEFINITIONS

Block Cycle Any given ten (10) school day cycle that consists of five (5) days in grades 10 and 12 and five (8) days In grades 9 and 11 Instruction.

Evaluation The written assessment of a teacher based upon the Standards of Performance.

Observation Period - The second and third quarters of each academic year.

Pre-professional Teacher A member of the bargaining unit that has not served three (3) consecutive years of service or who has not fulfilled the legal requirements for certification.

Professional Teacher Status A member of the bargaining unit that has acquired professional teacher status.

Standards of Performance - Standards based on the Mass. Board of Education Principles of Effective Teaching established by negotiation between the NTA and the School Committee. The standards are defined and listed on the Teacher Evaluation Form, Teacher Observation Form and the Department Head Evaluation Form In Appendices A to C.

Teacher Any member of the bargaining unit

Evaluation Process A comprehensive process negotiated by the NTA and the District School Committee for the evaluation Of teachers and In-unit administrative personnel.

RIGHTS, PROCESSES AND PROCEDURES

The contents of this section shall apply to both Pre-professional and Professional Status Teachers except where noted as a benefit to be enjoyed by only one or the other.

The School Committee and the Northeast Teachers Association shall meet to negotiate, any changes In the evaluation process, procedures, forms and Standard of Performance. Any resultant changes shall be implemented only at the beginning of a school year.

All administrators and teachers snap be trained In the new evaluation instrument and procedures prior to the implementation of the document The Superintendent-Director is responsible for ensuring that all observers/evaluators have up-to-date training in the principles of supervision and evaluation.

Observers/evaluators must 1) be certified In the Academic/Technical area In accordance with the Massachusetts Department of Education. 2) possess appropriate certification, 3) complete educational courses and training In their field and In methodology and 4) complete the Superintendent Director's evaluation training requirements, if the observer/evaluator does not meet the above requirements, the observations/evaluations will be completed by the administrator next highest In the chain of command.

Any statements In an observation or evaluation report indicating unsatisfactory performance or Identifying deficient areas shaft be based solely upon the Standards of Performance. Any such statements shall be based on factual, concrete, observsable documentable criteria. All areas where need for Improvement is Indicated shall Include the specific reasons that led the evaluator to reach the conclusion and shall include specific recommendations for Improvement

A teacher shall have the right to grieve any provision of this evaluation process Including the contents of documents. Any contention that any observation/evaluation to arbitrary or discriminatory may be raised as a grievance.

Observations and evaluations will be conducted as follows:

Pre-professional Teachers by the Principal and Department Head or

Immediately supervising administrator

Professional Status Teachers by the Department Head or Immediately

supervising administrator

Department Heads by the Principal or Vice-principal

Each teacher shall receive a copy of the complete evaluation document at the beginning of each school year.

Teachers shall be made aware of all sources of observation/evaluation concerning their teaching.

If the teacher disagrees with the observation/evaluation and/or the evaluator's Judgement he/she may choose to submit a written reply that shall be attached to the file copy of the observation/evaluation In question.

Teachers shall be evaluated in the areas of their qualification and certification.

OBSERVATIONS

Evaluators must begin the observation portion In October for all teachers and be completed by February for Professional Status Teachers, and be completed by November, January, and Match for Pre-professional Status Teachers. If evaluators observe performance problems during the evaluation cycle, they are required to notify we teacher and to work with the teacher to plan specific Improvement strategies.

Teachers shall be notified five (3) to ten (10) days In advance of when the actual observation will take place. The time frame will be mutually agreed upon and will be identified as during a specified Block A or Block B cycle. If an observer finds that he cannot conduct an observation during the agreed upon block, the observer may notify the teacher and extend the time for observation one additional block. The teacher and the observer will agree on a representative class to observe.

As soon as possible following the observation session, but within five (5) school days, the observer will hold a post-observation conference with the teacher to discuss the lesson and the observer will provide the teacher a copy of the completed observation report The teacher's signature on the completed observation report does not necessarily Indicate agreement with the report but rather that he/she has read the observation. If there is agreement to re-write all or a portion of the observation report, the observer shall give the teacher the revised document within five (S) school days of the post-conference. Only the revised document shall be saved and placed In the teacher's Re.

No evaluation/observation shall unduly interfere with the normal teacher-teaming process.

If an observation Is Interrupted the teacher and observer will agree upon when the observation is to be completed

A teacher may request or an observer and teacher may agree that an Immediate follow up is essential to clarify or otherwise fully complete an observation.

No two observations shall occur within fifteen (15) consecutive school days except when Immediate follow-up is essential to clarify, observe or follow-up on a class previously observed.

If the teacher so requests, subsequent observation(s) will be made of a different class, grade level, or instructional setting.

No subsequent observation shall be conducted until the teacher has received a written observation report of the previous observation.

PRE-PROFES8IONAL TEACHER STATUS EVALUATION

Pre-professional teachers shall be evaluated each year. The evaluation will include three (3) observations and will be based on the Standards of Performance.

As soon as possible, but no later than April 1. the evaluator will meet with the teacher to discuss the final evaluation. At that time, the evaluator will provide the teacher a copy of his/her evaluation. The teacher's signature on the evaluation does not necessarily Indicate agreement with the evaluation but rather that he/she has read the observation If there is agreement to re-write all or a portion of the evaluation, the evaluator shall give the teacher the revised document within five (5) school days of the post-conference. Only the revised document shall be saved and placed In the teacher's file.

PROFESSIONAL TEACHER STATUS EVALUATION

All teachers with professional teacher status shall be evaluated once every two (2) years. Each evaluation cycle shall result In a written evaluation report

The evaluation of teachers with professional teacher status will include one (1) observation and will be based on the Standards of Performance.

Should a professional status teacher and the evaluator have a serious disagreement regarding an observation report, the teacher may choose to be re-observed by a mutually agreed upon third party evaluator who will be a Principal or Vice-principal. The process for mediating the choice of the third party will be the same as mediating an Improvement plan and is described In the Improvement Plan section on page 6. Only the final report, which may be noted as a second observation, will be placed in the teacher's personnel file.

In the Instance where a teacher requests an additional observation, no two observations shall occur within fifteen (15) consecutive school days. If the teacher so requests, the subsequent observation will be made of a different class, grade level, or Instructional setting. No subsequent observation shall be conducted until the teacher has received a written observation report of the previous observation.

As soon as possible, but no later than May 1, the evaluator will meet with the teacher to discuss the final evaluation. At that time, the evaluator will provide the teacher a copy of his/her evaluation. The teacher's signature on the evaluation does not indicate agreement with the evaluation, but rather that he/she has read the evaluation. If mere Is agreement to re-write all or a portion of the evaluation, the evaluator shall give the teacher the revised document within five (5) school days of the meeting to discuss the final evaluation. Only the revised document shall be saved and placed In the teacher's file.

Should the teacher and the evaluator have a serious disagreement regarding the final evaluation, the teacher may choose to be re-evaluated by a mutually agreed upon third party evaluator who will be a Principal or vice-principal. The process for mediating the choice of the third party will be the same as mediating an improvement plan and is described In the Improvement Plan section on page 8. This re-evaluation will be completed by May 30. Only the final evaluation, which may be noted as a second evaluation, will be placed in the teacher's personnel file.

All evaluations shall be completed no later than May 30.

If a teachers final evaluation report Indicates serious deficiencies in three (3) or more of the seven (7) Standards of Performance, the teacher shall be given an opportunity to Improve and shall be placed on an Improvement plan for the following year.

In the event of extenuating circumstances, the Superintendent-Director, at the request of the teacher, has the discretion to modify or suspend a Professional Status Teacher's participation in the evaluation process for one year.

IMPROVEMENT PUNS

If the evaluator recommends placement on an improvement plan, the placement must be based on the contents of the final evaluation report The teacher Is to be notified in writing as part of the evaluation report The evaluation report shall include a statement of the specific reasons for the placement on the Improvement plan.

When a teacher Is to be placed on an improvement plan, the President of the Association will be notified. The teacher shall have the option of having an association representative with him/her at meetings within the evaluation process.

The rights, processes and procedures followed for the Professional Status Teacher shall continue to be used for a teacher on an Improvement plan.

The supervisor will draft an Improvement plan designed to address those areas in which Improvement is needed. The Improvement plan will include areas to be Improved, time lines, procedures to be followed, results to be achieved, specific assistance to be provided by the supervisor, and the specific resources to be provided by the school district A teacher on an improvement plan shall have the poison to select a second observer/evaluator who will be a Principal or Vice-Principal

The teacher will review the plan and may suggest changes or modifications. The plan will be mutually agreed upon by the teacher and the supervisor. In the event agreement on the plan cannot be reached, the following resolution process will be followed:

The Superintendent of Schools and the President of the NTA win hear each position and attempt to mediate a resolution. If attempts at mediating a resolution tail, the Superintendent will determine the plan. Although there may not be agreement with the plan, the teacher and the supervisor will proceed with implementation of the plan and the teacher, if he/she chooses, may challenge the plan through expedited arbitration.

A teacher placed on an Improvement plan shall be observed, three (3) times in the subsequent school year. The teacher may request additional observations, but the total number of observations may not exceed five (5).

At the mid-point of the improvement plan year, the teacher and the evaluator will review the progress being made on an Improvement plan. At this time, mutually agreed upon modification* to the plan may be made. In the event agreement on modifications cannot be reached, the resolution process described to this section will be used.

By May 1 of the Improvement plan year, the evaluator and the teacher shall meet and discuss (he final evaluation based on the plan. At that time, the teacher shall remain on an Improvement plan for another year or shall be returned to the regular evaluation process. At the end of the second year of an Improvement plan, the teacher may be dismissed or may be returned to an Improvement plan for one additional year. No teacher shall be placed on an improvement plan for a third time. If after twice being placed on an improvement plan and twice being returned to the regular evaluation process, a teacher's subsequent final evaluation report Indicates serious deficiencies to three (3) or more of the seven (7) Standards of Performance, the teacher shall be dismissed.

DEPARTMENT HEAD EVALUATION

The evaluation cycle, procedures and processes for Department Heads shall parallel those of the teaching staff.

FORMS

Teacher Observation Form (Appendix A)

Teacher Evaluation Form (Appendix B)

Department Head Evaluation Form (Appendix C)

Current Article XVII    Teacher Evaluation and Files

Section A (Add new statement from below.)

Section B (Insert new section from below and change letters to adjust.)

Section C to D

Section D to E

Section E to F

Section F to G

Section G to H

Section H to I

Section I to J

New Article                          Teacher Rights

No teacher shall receive adverse comments orally from any supervisor In the presence of pupils. (Add as new Section, XVII, B.)

All monitoring or observation of the work of a teacher shall be conducted openly and with full knowledge of the teacher. The use of eavesdropping, closed-circuit television, public address or audio systems, and similar surveillance devices shall be strictly prohibited. Closed circuit television, tape recorder or videotape machines may be used for evaluative purposes If the teacher agrees. (Add to Section XVII, A.)

NORTHEAST METROPOLITAN REGIONAL VOCATIONAL HIGH SCHOOL

Appendix A, TEACHER OBSERVATION

Teacher: _________________________              Observer ______________

Observation Date and Length: _________

Department/Assignment: _____________

Claw: _______________________

I           Currency In the Curriculum Descriptor* for Section I

           Demonstrates mastery of subject matter

           Keeps currant In the field and applies knowledge to the Instructional program

Comments:

II.         Effective Planning and Assessment of Curriculum and Instruction Descriptors for Section II

           Employs Instructional strategies appropriate for the lesson

           Uses Instructional vocabulary and materials suited to the pupils

           Integrates the foundation skills (thinking, reading, listening. writing, speaking)

           Plans learning opportunities that encourage interaction where applicable

           Integrates technology and appropriate learning tools such as calculators and computers when available

Comments:

III.       Effective Management of Classroom Environment ' Descriptors for Section III

           Encourages students to become self-directed

           Encourages students to take responsibility for their own learning

           Works to maintain classroom order

           Implements and maintains safety standards

           Encourages student Inquiry about subject matter

Comments:

IV.       Effective Instruction Descriptors for Section IV

           Provides dear and concise explanations

           Shows skill In questioning

           Uses positive reinforcement techniques with students Communicates dearly in writing and speaking with students Uses a variety of materials as available

           Encourage* student participation

           Encourages multiple points of view

Comments:

V.        Promotion of High Standards and Expectations for Student Achievement Descriptors for Section V

           Provides challenging work

           Fosters student's belief In ability to learn

           Encourages student effort

           Promotes constructive leering

           Communicates standards, expectations and guidelines for student's work

Comments:

VI.       Promotion of Equity and Appreciation of Diversity Descriptors for Section VI Provides equitable opportunities for all students

Comments:

Commendations and Recommendations:

Teachers Signature                      Observer's Signature

Date                                            Date

A teacher's signature Indicates only that s/he has read and received a copy of this document and not that s/he agrees In any way with the contents herein.

NORTHEAST METROPOLITAN REGIONAL VOCATIONAL HIGH SCHOOL

Appendix B, TEACHER EVALUATION

Teacher.________________________        Evaluator___________________

Evaluation Date: _______________

Department/Assignment: _____________

Class ____________________________

I           Currency in the Curriculum                 Meets               Needs

Standard*              Improvement

A.        The teacher is up-to-date regarding curriculum content Descriptor* for Section I

           Demonstrates mastery of subject matter

           Keep* current In the field and applies knowledge to the Instructional program

Comments:

II.         Effective Planning and Assessment of Curriculum and Instruction

Meets                     Needs

Standard*              Improvement

A.        The teacher plans instruction effectively.

B.         The teacher plans assessment of student learning effectively.

C.         The teacher monitors students' understanding of the curriculum effectively and adjusts instruction, materials or assessments when appropriate.

Descriptors for Section II

           Establishes goals for Instructional units

           Employs Instructional strategies appropriate for the lesson

           Uses instructions vocabulary and materials suited to the pupils

           Uses available school resources

           Integrates the foundation skills (thinking, reading, listening, writing, speaking)

           Provides for assessment of student learning

           Establish and maintain accurate records of student grades

           Plans teaming opportunities that encourage Interaction where

           Integrates technology end appropriate learning tools such as calculator* and Computers when available

           Correlates instruction between shop and related classes where applicable

Comments:

III.       Effective Management of Classroom Environment     Meets   Needs

Standards   Improvement

A.        The teacher creates an environment that Is positive for student learning and Involvement

B.         The teacher maintains appropriate standards of behavior, mutual respect and safety.

Descriptors for Section III

Encourages students to become self-directed

           Encourages students to take responsibility for their own learning

           Works to maintain classroom order

           Implements and maintains safety standards

           Encourages student Inquiry about subject matter

Comments:

IV.       Effective                      Meets                        Needs

Standards                  Improvement

A.        The teacher makes teaming goals clear to students.

B.         The teacher uses appropriate Instructional techniques.

C.         The teacher uses appropriate questioning techniques.

D.        The teacher evaluates, tries Innovative approaches and refines instructional strategies, including the effective use of technologies, to Increase student learning and confidence to learn.

Descriptors for Section IV

           Provides dear and concise explanations

           Shows skill in questioning

           Uses positive reinforcement techniques with students

           Communicates clearly In writing and speaking with students

           Encourages life-long learning

           Uses a variety of teaching strategies

           Uses a variety of materials as available

           Encourages student participation

           Demonstrates willingness to try new approaches

           Encourages multiple points of view

Comments:

V.        Promotion of High Standards and Expectations for Student Achievement

Meets                  Needs

Standards            Improvement

A.        The teacher communicates teaming goals and high standards and expectations to students.

B.         The teacher promotes confidence and perseverance in the student that stimulate increased personal student responsibility for achieving the goals of the curriculum. Descriptors for Section V

           Provides challenging work

           Fosters student's belief In ability to learn

           Encourages student effort

           Promotes constructive learning

           Provides extra help

           Encourages student's awareness of themselves as learners

           Communicates standards, expectations and guidelines for student's work

Comments:

VI.       Promotion of Equity and Appreciation of Diversity    Meets   Needs

Standards         Improvement

A.        The teacher strives to ensure equitable opportunities for student learning.

B.         The teacher demonstrates appreciation for and sensitivity to the diversity among Individuals.

Descriptors for Section VI

           Encourages appreciation for and sensitivity to the diversity among individuals

           Provides equitable opportunities for all students

           Functions In a multi-cultural and economically diverse society

Comments:

VII.      Fulfillment of Professional Responsibilities     Meets   Needs

Standard*        Improvement

A.        The teacher is constructive and cooperative In Interactions with parents and receptive to their contributions.

B.         The teacher shares responsibility for accomplishing the goals and priorities of his/her grade/team, department building and school district.

C.         The teacher is a reflective and continuous learner. Descriptors for Section VII

           Works with staff on curriculum and instruction

           Shares ideas with colleagues

           Seeks out Information In order to grow

           Works with others to identify school problems and suggest possible solutions

           Reflects on what students need to know

           Reflects on what the teacher can do to foster learning

           Uses available resources to enhance professional knowledge and skills

Comments:

Commendations and Recommendations:

_________________  _____________________

Teacher's Signature      Evaluates Signature

_________________  ________________________

Date                             Date

A teacher's signature Indicates only that s/he has read and received a copy of this document; not that s/he In any way agrees with the contents herein.

NORTHEAST METROPOLITAN REGIONAL VOCATIONAL HIGH SCHOOL

Appendix C. DEPARTMENT HEAD EVALUATION

Department Head: ___________________________ Evaluator.__________________

Department_____________________________

Evaluation Date: _________________

I           Effective Educational Leadership        Meets   Needs

Standards         Improvement

A.        The Department Head shares the mission and the vision of the school.

B.         The Department Head applies current principles to encourage effective teaching and encourages his staff to use a variety of strategies to assess student performance.

C.         The Department Head encourages teachers to remain current In their field(s).

D.        The Department Head encourages teachers to help all students perform to the best of their ability.

E.         The Department Head works with teachers and other staff to supervise and evaluate their performance.

F.         The Department Head supports ongoing professional development Descriptors for Section I

           Recognizes that student teaming must be the focus of school programs and activities

           Supports the use of a variety of Instruments to assess the achievement of goals

           Demonstrates knowledge of the Instructional process

           Works with teachers to establish high standards and expectations for student work

           Assists teachers In defining their expectations and communicating those expectations to students

           Communicates expectations that all staff can meet standards

           Encourages the Improvement of teacher performance

           Supports Individual teaching styles

           Informs staff of professional development opportunities

           Recognizes and encourages staff Initiatives

Comments:

II.         Effective Organizational Leadership    Meets   Needs

Standards         Improvement

A.        The Department Head demonstrates research and organizational leadership skills.

B.         The Department Head uses dear, direct and responsive communication skids.

C.         The Department Head supports a positive teaching climate.

D.        The Department Head encourages constructive change.

E.         The Department Head encourages collaboration and shared decision-making.

F.         The Department Head applies planning techniques. Descriptors for Section II

           Understands the Impact of his/her decisions

           Stimulates the development of new programs

           Identifies opportunities to showcase the departments contributions    Communicates the department's goals

           Facilitates team work

           Presents ideas clearly in writing

           Adapts form and language to the audience

           Able to present facts and ideas orally In individual and group situations

           Supports a culture within the student body and staff that promotes learning

           Posters a school climate that gives a sense of well-being and safety

           Inspires In others a desire for growth and development

           Exhibit openness to new ideas from others

           Involves others In setting and accomplishing goals

           Demonstrates the ability to develop and implement long and short-term plans for the department

Comments:

III.       Effective Administration and Management      Meets   Needs

Standards         Improvement

A.        The Department Head carries -out the personnel selection, supervision, evaluation and management functions of his role.

B.         The Department Head manages his/her budget Descriptors for Section III

           Applies human resources knowledge and practices In personnel management

           Utilize procedures for evaluating personnel using the negotiated supervision, evaluation and due process procedures

           Applies principles of financial planning to the budget

Comments:

IV.       Promotion of Equity and Appreciation            Meets   Needs

Of Diversity                                         Standards         Improvement

A         The Department Head ensures equity for all staff and students and supports diversity In the school environment. Descriptors for Section IV

           Demonstrates sensitivity to differences In abilities, social and cultural backgrounds

           Demonstrates an ability to function in a multi-lingual, multi-cultural and economically diverse society

           Fosters the needs of diverse educational personnel and student populations by applying end adapting constitutional end statutory laws, state regulations, and Board of Education policies and guidelines

Comments.

V.        Effective Relationships with the Community   Meets   Needs

Standards         Improvement

A         The Department Head encourages partnerships among staff, parents, business and the community.

B.         The Department Head supports the programs, activities and services of the school.

Descriptors for Section V

           Encourages volunteers to be members of advisory boards

           Provides Information to parents and the community when requested to do so

Comments:

VI.       Fulfillment of Professional Responsibilities     Meets   Needs

Standards         Improvement

A.        The Department Head demonstrates enthusiasm for (earning.

B.         The Department Head promotes an atmosphere of respect

C.         The Department Head behaves In an ethical manner.

Descriptors for Section VI

           Keeps abreast of current educational research

           Develops and implements a professional development plan

           Demonstrates tolerance for alterative perspectives

           Interacts with others in a professional manner consistent with his/her role

           Accepts responsibility for his/her own actions

Comments:

Commendations and Recommendations:

_______________________                                _______________________

Department Head's Signature                                 Evaluator's Signature

______________________________                  ________________________

Date                                                                       Date

A Department Head's signature Indicates only that s/he has read and received a copy of this document and not that a/he in any way agrees with the contents herein.

Memorandum of Agreement

Agreement between the Northeast Teacher's Association and the Northeast Metropolitan Regional Vocational School Committee

Pursuant to the provisions of Chapter 150E, Section 115 of the General Laws of Massachusetts, the Northeast Metropolitan Regional Vocational School Committee (hereinafter called the "Committee") and the Northeast Teachers' Association (hereinafter called the "Association") hereby agree to a new collective bargaining agreement to be effective from September 1, 2008 through and including August 31, 2011. All the terms and provisions of the previous agreement shall be carried forward into the successor Agreement in all respects with amendments.

_______________________________                               ______________________

Chairperson                              Date                                    NTA President             Date

Northeast District School Committee                                      Northeast Metropolitan Reg.

RETIREES' HEALTH INSURANCE SETTLEMENT (JANUARY, 2005)

COMMONWEALTH OF MASSACHUSETTS

Middlesex, ss                                              Middlesex Superior Court

Superior Ct.  CA:  MICV 2004-02352-H

Northeast Metropolitan Regional

Vocational School Committee, by

Its Members, William C. Mahoney;

Michael T. Wall; Deborah P. Davis

Paul L. Sweeney; Anthony E. DeTeso;

John J. Bradley; Vincent J. Carisella;

Earl W. Fitzpatrick; Ronald J.

Jannino; Robert S. McCarthy; Paul

A. Rossetti, Jr. and James G.

Wallace

Plaintiffs,

vs.

Northeast Teachers Association by

Its Officers, Richard Fineran,

President, Michael Hunter, Vice

President, Keith Hughes, vice

President, Fred Joyce, Secretary and

Mark Rooney

Defendants

SETTLEMENT AGREEMENT

This Settlement is made and entered into this ___________ day of January 2005 by and between the Northeast Metropolitan Regional Vocational School Committee and the Northeast Teachers Association.

WHEREAS the School Committee has filed and is pursuing a civil action against the Northeast Teachers Association in the Middlesex Superior Court and docketed as Civil Action No: 2004-02352-H, and

WHEREAS all the parties wish to avoid further time, expense and any inconvenience of litigation;

MOW THEREFORE in consideration of $1.00 (One Dollar) and the mutual covenants set forth herein, the Northeast Metropolitan Regional Vocational School Committee and the Northeast Teachers Association hereby stipulate and agree as follows:

1.                  Simultaneously with the execution of this Agreement the Northeast Metropolitan Regional Vocational School Committee agrees to withdraw, with prejudice, its pending action before the Middlesex Superior Court in Civil Action No: 04-23517-H.

2.                  Simultaneously with the execution of this Agreement, the Northeast Teachers Association agrees to withdraw, with prejudice, its pending counterclaim before the Middlesex Superior Court, Civil Action No: 01-02418.

3.                  In consideration for the Northeast Teachers Association executing this Agreement, the Northeast Metropolitan Regional Vocational, School Committee agrees that it will pay from July 1, 2004 through June 30, 2009 premium health insurance contributions for retirees, pursuant to the Award rendered in arbitration # 001-2001. Such award is attached hereto and incorporated as if fully set out herein.  It is agreed that if Blue Cross/ Blue Shield Master Medical plan ceases to be offered prior to June30, 2009, that the rate of premium contribution for such retired employees and surviving spouses to alternative health insurance plans will have regard to the amounts of such contributions under the Blue Cross/Blue Shield Master Medical plan in existence immediately prior to the cessation of offering such Blue Cross/Blue Shield Master Medical Plan.

4.         The Northeast Metropolitan Regional Vocational School Committee agrees to offer a PPO and HMO New England as alternative health care plans.

A.        GENERAL RELEASE

1.                  The Northeast Teachers Association for good and adequate consideration, receipt of which is hereby acknowledged does hereby release and absolutely and forever discharge the Northeast Metropolitan Regional Vocational School Committee from any and all suits, claims, demands,' debts, suras of money, damages, interest, attorney's fees, expenses, actions, causes of action, judgment, accounts, promises, contracts and agreements and any and all claims in law and equity whether now known or unknown, which it ever had now has or which it may acquire relating to the facts alleged in the above referenced arbitration and the counterclaim as referenced in Docket No. 04-23517-H.

2.                  The Northeast Metropolitan Regional Vocational School Committee for good and adequate consideration, receipt of which is hereby acknowledged does hereby release and absolutely and forever discharge the Northeast Teachers Association from any and all suits, claims, demands, debts, sums of money, damages, interest, attorney's fees, expenses, actions, causes of action, judgment, accounts, promises, contracts and agreements and any and all claims in law and equity whether now known or unknown, which it ever had now has or which it may acquire relating to the facts alleged in the above referenced arbitration and the counterclaim as referenced in Docket No. 04-23517-H.

3.                  It is understood and agreed that this Agreement is entered into pursuant to a settlement which is the compromise of any disputed claims, which the parties may have, that any actions made by the parties are made solely to avoid any further expense, that this Agreement and the action taken pursuant hereto are not to be construed as an admission of liability on the part of the Northeast Metropolitan Regional Vocational School Committee.

B.        SEVERABILITY In the invalidity or unenforceability of any provision hereof shall in no way effect the validity or enforceability of any provisions, or any part thereof.

C.        ENFORCEMENT AMD APPLICABLE While this Agreement in general shall be governed by and construed as a sealed contract in accordance with the laws of the Commonwealth of Massachusetts.

D.        ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto pertaining to the subject matter the hereof and supercedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein.

E.         MODIFICATION, TERMINMATION OR WAIVER This Agreement may only be amended or modified by written instrument. The failure of any party at any time to require the performance of any provision hereof shall in no manner effect the right of such party at a later time to enforce the same.

F.         ACCESS TO COUNSEL Both the Northeast Teachers Association and the Northeast Metropolitan Regional Vocational School Committee acknowledge that, at all times relevant to this settlement:

a.         that they have had access to the advice of counsel, and that they understand the various claims that were asserted and could have been asserted;

b.         that they have consulted their attorney concerning this Agreement, and in particular the waiver of any legal rights and waivers of such rights and releases such claims knowingly, willingly, in the consideration contained herein.

IN WITNESS WHEREOF the Northeast Metropolitan Regional Vocational School Committee and the Northeast Teachers Association execute this Agreement/as of* the date and year first written.

__________________________-             ______________________________

Northeast Metropolitan Regional               Northeast Teachers

Vocational School Committee                   Association

Index

Page

Academic Substitution Coverage

4

Advisors Stipends

18

After School Help Sessions

9

Anniversary Dates

16

Blue Cross and Other Insurance

2-3

Coaching Stipends

17-18

Discipline Code

6

Duty-Free Lunch

6

Funeral Leave

12

Grievance Procedure

13-14

Hourly Rate

19

Length of School Day and Year

8

Longevity

19

Long-Term Disability Insurance

11

Maternity Leave

13

Personal Leave

11

Personal File

15

Posting of Vacancies

10

PPO and HMO New England

2-3

Salary Scale Progression

15-16

School Nurse and Librarian

19

Seniority

22

Sick Leave

10

Sick-Leave Buy Back

20

Sick Pool

11

Special Education Liaison Responsibility

5-6

Substitute Teachers

7

Teacher Evaluation Process, Appendix C Improvement Plan

29

Observations

28

Purpose

27

Rights, Process, and Procedures

27

Teacher Rights

14-15

Teacher programs

4

Unused Annual Sick Leave Allowance

11

Vocational Preparation Time

4

Workmen's Compensation

3