Northern Berkshire RVTSD

Show detailed information about district and contract

District	Northern Berkshire RVTSD
Shared Contract District
Org Code	8510000
Type of District	Voc-Tech/Agricultural
Union Affiliation	MTA
Most Recent Document	Contract
Expiring Year	2014
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members	Northern Berkshire RVTSD
County	Berkshire
ESE Region	Berkshires
Urban
Kind of Community	urbanized centers
Number of Schools	1
Enrollment	500
Percent Low Income Students	38
Grade Start	9
Grade End	12

view accessible version of this document

Northern Berkshire

AGREEMENT

BETWEEN

THE NORTHERN BERKSHIRE VOCATIONAL

REGIONAL SCHOOL DISTRICT

AND

CHARLES H. McCANN TECHNICAL SCHOOL

FACULTY ASSOCIATION

SEPTEMBER 1, 2011 - AUGUST 31, 2014

Section Article Page

Alternation or Amendment VI 8

Class Size VII 9

Committee Prerogatives II 1

Dues Deductions XX 16

Duration & Recognition XXX 25

Extra-curricular Activities XXVI 21

General XIX 16

Grievance Procedure III 1

Injury in the Course of Employment XV 13

Insurance XVI 14

Longevity XXIX 24

Maternity Leave XIII 12

Non-Teaching Duties XVII 15

Positions in Summer School, etc. XVIII 15

Professional Improvement/Re-certification XXVIII 22

Recall XXV 20

Recognition I 1

Reduction in Force XXIV 18

Sabbatical Leave XIV 13

Salaries IV 4

Severance Pay XI 10

Sick Leave X 10

Special Assistance for Teachers IX 10

Substitute Teachers XXI 17

Teacher Evaluation XXII 17

Teaching Hours, Year & Load V 6

Temporary Leaves of Absence XII 11

Transfers, Assignment, etc. VIII 9

Travel & Uniforms XXVII 22

Use of School Facilities XXIII 18

Salary Schedules Exhibit A

Extra Curricular Positions Exhibit B

AGREEMENT

AGREEMENT made as of the 15^th day of December, 2011, pursuant to the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, by and between the NORTHERN BERKSHIRE VOCATIONAL REGIONAL SCHOOL DISTRICT COMMITTEE (hereinafter referred to as “Committee”) and the CHARLES H. McCANN FACULTY ASSOCIATION (hereinafter referred to as “Association”).

ARTICLE I - RECOGNITION

The Committee recognizes the Association for purposes of collective bargaining in accordance with the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts and other pertinent provisions of law as the exclusive representative of a unit consisting of all regular professional employees who teach (including those employees in Exhibit B positions who teach), plus guidance counselors, department coordinators, school nurse and librarian, excluding substitute teachers and all other employees. Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as “teachers”.

ARTICLE II - COMMITTEE PREROGATIVES

The Association agrees that the Committee has complete authority over the policies and administration of the Northern Berkshire Vocational Regional School District, which it exercises under the provisions of law. It further agrees that said committee will continue to retain, whether exercised or not, the responsibility and prerogative to direct the operation of the said school system in all aspects except same shall not be exercised in violation of any of the express terms and provisions of this agreement.

ARTICLE III - GRIEVANCE PROCEDURE

A. A “grievance” is a dispute concerning the interpretation or application of this

agreement or any amendment or supplement thereto. “Grievant” is a teacher or the Association who disputes the interpretation or application of this agreement.

B. All time limits herein shall consist of calendar days exclusive of legal holidays, Saturdays and Sundays. The time limits indicated hereunder shall be considered maximum unless extended by mutual agreement in writing. Grievances submitted after the close of the school year in June shall be processed no later than 30 days after the start of the next school year.

C. Level One. A grievant with a grievance shall, within 45 days immediately after the first day of the occurrence of those acts or omissions upon which the grievance is premised, present it in writing to the Superintendent. A teacher with a grievance may present it either directly or through the Association. The grievant shall meet and discuss the grievance with the Superintendent.

Level Two. If the grievance is not resolved to the satisfaction of the grievant within seven days after submission at Level One, the grievant either directly or through the Association may present the grievance in writing to the Committee. The grievant shall meet and discuss the grievance before the Committee.

Level Three. If the grievance is not resolved to the satisfaction of the grievant within 30 days after submission to Level Two, the Association may submit the grievance in writing to arbitration before the American Arbitration Association as hereinafter provided.

D. An employee may present a grievance and have such grievance heard without intervention by the Association, provided the Association is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of this agreement.

E. The following general provision shall pertain to arbitration:

1. Within ten days after written notice has been given to the Committee that a grievance has been presented to arbitration before the American Arbitration Association in accordance with the provisions of this article, the Committee and the Association shall proceed with the selection of arbitrator. Parties shall be bound by the rules and procedures of the American Arbitration Association unless contrary to the express provisions of this article.

2. The grievant shall have the right to use in the arbitration proceedings any

representative or representatives of his or her own choosing.

3. The costs for the services of the arbitrator, including per diem expenses, if any,

and actual and necessary travel and subsistence expenses, shall be borne

equally by the Committee and the Association.

4. The Committee and the administration will cooperate with the Association in

the investigation of any grievance by making available to the Association all

recorded information in the possession of the Committee which is available

for public inspection, to the extent so requested by the Association.

5. The arbitrator will confer with representatives of the Committee and the

Association and shall hold hearings and issue his decision as soon as possible.

The arbitrator’s decision will be in writing and will set forth his findings of

fact, reasoning, and conclusions on issues submitted. The decision of the

arbitrator, other than the arbitrability of the issues involved, shall be final and

binding upon the parties except that the arbitrator shall make no decision

which alters, amends, adds to or detracts from this agreement, or which

modifies or abridges the rights and prerogatives of the Committee as set forth

in this agreement or other pertinent provisions of law.

6. It is recognized that members of the Association may have to testify in order

to properly process a grievance under Level Three and so any member shall be excused from his or her regular duties for purposes of so testifying. Such

excused absence shall be without loss of pay if such member of the

Association notifies the administration seven days in advance of the date for

commencement of the hearing.

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

G. All decisions rendered at Levels One and Two of the Grievance Procedure shall be in writing with reasons, and shall be transmitted to the grievant and the Association. A decision at Level One shall be final unless within seven days of delivery of said decision to the grievant, the grievance is presented in writing at Level Two. A decision shall be final at Level Two unless within 30 days of delivery of said decision to the grievant, the grievance is presented to the American Arbitration Association for arbitration.

H. The submission of any matter to grievance by or on behalf of one or more teachers by such teacher(s) or the Association shall constitute a waiver of any right or rights the said teacher(s) and Association may have with respect to the matter submitted under other provisions of law and shall preclude the said teacher(s) and Association from pursuing any other remedy.

I. No reprisals shall be taken by the Committee or the school administration against any

teacher participating in the presentation of a grievance in accordance with the

provisions of this agreement because of such participation.

J. The President of the Association or his designee shall have the right to participate in the investigation and processing of a grievance. If it is necessary that such investigation or processing occur during a regular workday of the said President or his designee, he shall be released from his regular duties for such purpose without loss of pay.

K. The grievant and the Committee may agree in writing to bypass Level One of the

grievance procedure and proceed to Level Two.

ARTICLE IV - SALARIES

A. Salaries during that period beginning September 1, 2011 and ending on August 31, 2014 shall be paid to a person within the unit defined in ARTICLE I in accordance with and at that rate set forth in EXHIBIT A.

B. A teacher first employed by the District during the term of this agreement shall be placed at an appropriate level of the salary schedule as determined by the Superintendent and such teacher shall be advised in writing of the placement.

C. Teachers shall be paid every other Thursday in equal payments over 10 months or 12 months, as requested by the teacher, at least two weeks before the first payment. The July and August payments may be paid in a lump sum by June 30^th if requested by the teacher. A teacher employed for less than a full “work year” shall be paid for days actually worked at the teacher’s “per diem” rate.

D. Whenever the teacher’s “per diem” rate is pertinent, it shall be determined by dividing the salary provided for in the applicable salary schedule by 184 or the number of working days teachers are required to attend.

E. A teacher shall upon satisfactorily completing the previous vertical level, advance each September 1^st to the next higher vertical level, provided always, the Superintendent might withhold such vertical movement if the performance of the teacher is unsatisfactory or for other justifiable reasons. A teacher whose increment has been withheld may have recourse through the grievance procedure. When a teacher qualifies for a horizontal movement between September 1^st and February 1^st, the effective date of the movement shall be February 1^st. When a teacher qualifies for horizontal movement between February 2^nd and August 31^st, the effective date of movement shall be September 1^st. Salary adjustments made in February will be for 50% of the full annual increment.

F. The ‘horizontal level’ of each teacher is determined by the credits approved by the Superintendent.

G. Advance written approval of the Superintendent is required for each course, workshop, seminar, training program and other programs of study which the teacher intends to earn credits to advance horizontally on the salary schedule. For teachers on Horizontal C on the salary schedule (Academic Degree), the Superintendent’s decision to approve or disapprove an undergraduate course, workshop, seminar or training program coming within ARTICLE IV H 3 shall be final and binding on all parties and shall not be subject to the provisions of ARTICLE III. Proof of the satisfactory completion of the same must be submitted to Superintendent before the teacher can advance on the salary schedule and upon receipt of such proof the credits earned will be approved for such advancement.

H. Courses, workshops, seminars and training programs eligible for approval to earn credits to advance horizontally on the salary schedule are listed below. Credits may be granted for other advancement options at the discretion of the Superintendent.

1. VOCATIONAL (Horizontal A on the Salary Schedule).

a. Credits for successful completion of business or industry-sponsored training programs relevant to the teacher’s field of specialization. Three credits will be accepted for 30 clock hours of instruction per training program.

b. Participation in the annual program for vocational educators sponsored by the Department of Elementary and Secondary Education and/or the Massachusetts Association of Vocational Administrators. Three vocational credits will be accepted.

c. All courses offered under the sponsorship of the Department of Education will earn the participant the same number of vocational credits for horizontal movement as the college credit that is assigned the course.

d. Completion of appropriate college level courses. All courses from c above will be accepted. Other college courses will be accepted at the rate of six credits in each block of 15.

e. Three credits will be accepted for a minimum of 105 hours of employment or observation of work in business or industry relevant to the teacher’s field of instruction. The teacher will be required to state prior to approval of the work experience how such employment or observation will ultimately benefit the students. Upon completion of the required hours, the teacher will file a comprehensive report signed by the employer concerning the type of work, new skill acquired, new methods/procedures/processes observed and other relevant information which will assist administration in evaluating the appropriateness of the employment. Six vocational credits will be accepted within each block of 15 vocational credits for such employment.

f. Credits will be accepted for a successful completion of certified engineering technician courses sponsored by the American Society of Certified Engineering Technicians, Institute for the Certification of Engineering Technicians, or approved similar organizations. Such organizations usually grant “Continuing Education Units” or “Professional Credits” to participants. These “Units” or “Credits” will be accepted for movement on the salary schedule.

2. VOCATIONAL DEGREE (Horizontal B on the Salary Schedule)

a. All courses taken as part of an organized program leading to a bachelor degree or a master’s degree in vocational education.

b. Upon completion of a bachelor degree, horizontal advancement credits can be accumulated as defined under 1 above. These credit to be retroactive to September 1 of the current contract year.

3. ACADEMIC DEGREE (Horizontal C on the Salary Schedule).

a. All courses, workshops, seminars and training programs not coming within subparagraphs b, c, d, e, or f.

b. Courses required by the Department of Elementary and Secondary Education for approval as an academic teacher in a state - aided vocational school.

c. Graduate-level courses beyond the master’s degree provided such courses are in a field that the teacher teaches or is directly involved with at McCann Technical School.

d. Graduate-level courses that enhance a teacher as professional such as offered in education, administration and psychology.

e. Experiences such as attendance at workshops, participation in summer institutes, etc. which are relevant to the teacher’s position at McCann Technical school provided the District does not reimburse the teacher for expenses.

f. Courses in a field for which a teacher is seeking certification provided the teacher is teaching in such a field at McCann Technical School.

I. A part-time teacher shall be paid salary calculated by multiplying the rate set forth in the applicable salary schedule at such teacher’s appropriate horizontal level and vertical step by the said teacher’s prorated portion of service.

ARTICLE V - TEACHING HOURS, YEAR AND LOAD

A. The “work-day” will begin at 7:45 a.m. and conclude at 3:00 p.m. except as otherwise hereinafter provided. The length of the present student day will be maintained. If starting and dismissal times for students are modified, no such modification will increase the length of the teacher’s workday.

B. The Principal or his/her designee shall establish duty rosters to insure that detention duties are performed by all teachers whose assignments so permit

excluding, however, personnel of the postsecondary programs. Teachers so assigned shall perform such duties. The Principal or his/her designee may also assign among

teachers whose assignments so permit specific monitoring duties to cover (a) school assemblies provided an administrator is present, (b) those occasions when students are entering or leaving the school building and (c) those occasions during the “work-day” when students are passing in the corridors. The specific monitoring duties so assigned will be required to be performed only within the school building and may not require

the interruption of a teacher while such teacher is teaching in a classroom except when

a specific problem needing immediate attention renders advisable such interruption.

C. The work year of teachers will begin no earlier than September 1^st and terminate no later than June 30^th. In no event shall the work year be longer than 180 teaching days plus one day for orientation and 3 professional development days in 2006 and thereafter. Teachers shall be reimbursed at their individual per diem rate for orientation and professional development days. The District shall, from time to time, consistent with the past practice, establish a school calendar for each work year.

D. Academic teachers will not be assigned to more than two different subject areas nor to more than a total of three teaching preparations within said subject areas over a two-week period. Exceptions to the forgoing will be scheduled upon mutual agreement between the involved teachers and the Principal or his designee. The word “subject” as applied to academic teachers means English, Mathematics, Social Studies and Science.

E. Teachers will be available for extra help, make-up work, and to take care of those details that are usually connected with the closing of the daily session and which may involve time beyond 3:00 p.m.

F. Teachers may be required to attend (2) evening meeting each year, parent night and the annual Showcase to Success. Advisory Committee meetings will be held as needed, or as requested by the Superintendent.

G. Each teacher will have a duty-free lunch period of at least 30 minutes.

H. Academic teachers will be provided ten preparation periods per full week

(Monday through Friday). Academic teachers may be assigned during any open period in excess of the aforementioned ten required preparation periods to perform any duty of an educational nature (except corridor or similar non-classroom supervision), provided a teacher so assigned has one preparation period on the day the assignment is performed.

I. The workday of a teacher may be varied and modified upon mutual agreement between teacher and the Superintendent. Notification of such agreement shall be given by the Superintendent to the Association.

J. Department Chairpersons and Department Coordinators will be provided with adequate time to perform their supervisory duties within the work day and without being deprived of the 10 preparation periods per week (Monday through Friday) provided for in paragraph H above.

K. Teachers may be permitted to leave before 3:00 p.m. with the consent of the Principal or Superintendent.

L. Any change in the number of periods in the existing programs, which cause an increase in the workload of any teacher, shall be subject to negotiation between the parties.

ARTICLE VI - ALTERATION OR AMENDMENT OF AGREEMENT

A. The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the undertakings and agreements arrived at by the parties after the exercise of the right and opportunity are set forth in this agreement. Therefore, the Committee and the Association, for the life of this agreement, each voluntarily and unqualifiedly waives the right with respect to any subject or matter referred to or covered in this agreement, or with respect to any subject or matter not referred to specifically or not covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated and signed this agreement.

B. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms, conditions, undertakings, or covenants contained herein shall be binding upon the parties hereto unless agreement is made and executed in writing between the parties hereto.

C. The waiver of any breach or condition of this agreement by either of the parties hereto shall not constitute a precedent in the future enforcement of the terms of this agreement.

D. If either of the parties hereto shall during the life of this agreement desire to make any proposal with respect to the modification or alteration of this agreement or with respect to any matter not expressly covered by this agreement, the said party may submit such proposal, in writing, to the other party and request a meeting. Within ten days of the submission of such proposal, the recipient thereof shall acknowledge the receipt thereof and indicate whether or not it wishes to discuss the same. The submission of such proposal and any subsequent discussion thereof shall not be construed by either of the parties hereto as an agreement by the other that said proposal comes within the purview of this agreement.

ARTICLE VII - CLASS SIZE

The Committee recognizes that class size is an important factor in good education and will insure that the size of classes will be the most beneficial for both teacher and pupil. To the extent possible, the enrollment in the following areas will be considered maximum class size per instructor.

Academic classes 28 students per teacher

Shop Classes 20 students per teacher

Specially sized classes may be scheduled upon mutual understanding between teacher(s) involved and the administration.

ARTICLE VIII - TRANSFERS, ASSIGNMENTS, VACANCIES AND PROMOTIONS

A. Assignments. Every teacher will be informed by the Principal, in writing, by June 1^st of his tentative assignment for the coming school year. Assignments will be made consistent with past practice.

B. Vacancies. Whenever any vacancy in a professional position in the bargaining unit occurs or a new position in the bargaining unit is created during the school year (September to June), it will be adequately publicized by the Superintendent by means of a notice placed on bulletin boards and a copy given to the Association President as far in advance of the appointment as possible. During the months of July and August, written notice of any such vacancy will be given to the President of the Association.

In both situations, the qualifications for the position, its duties, and the rate of compensation will be clearly set forth. The qualifications set forth for a particular position will not be changed arbitrarily, capriciously or without basis in fact when such vacancies occur in the future. No vacancy will be filled, except on temporary basis, within ten (10) school days during regular sessions and twenty (20) calendar days during the summer months from the date the notice is posted in the faculty rooms.

C. Transfers and Promotions. Whenever a vacancy in a professional position outside the bargaining unit occurs, the Superintendent shall, as soon as is practicable, post a notice of the vacancy in accordance with VIII B. Such notice shall set forth the minimum qualifications for the position, its duties, anticipated range of compensation to be paid and application deadline. Applications for such positions shall be accepted from professional personnel within and without the school system. The Superintendent agrees that he shall, in his selection consider the professional background, attainments and experience of each applicant, together with such other factors he shall deem to be relevant. If, in the judgement of the Superintendent, the professional background, attainments and experience of the applicants deemed by him to be most qualified are, in his opinion, substantially equal, he will give preference to an applicant then currently employed by the District unless, in the opinion of the Superintendent, the grant of such preference shall not be in the best interest of the school system.

ARTICLE IX - SPECIAL ASSISTANCE FOR TEACHERS

The Committee and the Association recognize the fact that classroom teachers may require the assistance of certain specialists in order to effectively carry out their assigned duties. When such assistance is in order, the teacher shall discuss same with the Principal and appropriate action, if deemed necessary or required by the Superintendent, shall be taken.

ARTICLE X - SICK LEAVE

Sick leave shall be granted at the rate of one and one-half days for each month of employment, same to accumulate to a maximum of 255 days for those covered by this Agreement. Members of the unit with more than 225 days of accumulated sick leave as of 9/1/93 will retain those days in excess of 225 and as sick days are used additional days will be added to again reach that 9/1/93 maximum; subject, however to the following:

A teacher who commences a school year for the first year of service or with no accumulated sick leave, shall have available 10 days sick leave to charge against future earned sick leave days during the ensuing school year. However, if the teacher resigns or is discharged prior to offsetting the number of used sick leave days against earned sick leave days, the District shall deduct from the compensation due said teacher, the sick leave days used in excess of said days earned.

ARTICLE XI - SEVERANCE PAY

Severance pay shall be paid to all professional staff members at the rate of $35.00 per day for each day of unused, accumulated sick leave not to exceed 255 days in accordance with the provisions listed below, 1, 2, 3, 4, 5.

1. A staff member shall be paid his or her severance pay if he or she has a minimum of 15 years of service to the District or has attained age 55 or if his or her employment is terminated by a reduction of force.

2. Written notification of June retirement must be submitted to the Superintendent on or before January 15^th of the year of retirement. For a retirement other than June, a 60-day notice must be given to the Superintendent.

3. If a professional staff member, after submitting notification of retirement, as provided herein, shall die, the severance pay due him shall be paid to his estate as soon as legally possible in the next budget year, but no later than September 15^th of the next budget year.

4. If a professional staff member, without having submitted notice of retirement, but meeting all other requirements as provided herein should die, the severance pay due him shall be paid to his estate as soon as legally possible in the next budget year, but no later than September 15^th in the next budget year.

5. No such member shall receive severance pay if his employment is terminated by resignation or dismissal.

ARTICLE XII - TEMPORARY LEAVES OF ABSENCE

A. Teachers shall be granted temporary leaves of absence without loss of pay for the following terms and conditions:

1. In the event of the death in the immediate family, three (3) days for each death. (If more than one death occurs with funerals to be held simultaneously, the deaths shall be considered as one). “Immediate family” shall consist of: husband, wife, son, daughter, brother, sister, father, mother, mother-in-law, father-in-law, grandparents, grandchildren, stepparents, and stepchildren.

2. For a period not in excess of five calendar days for imperative personal business or action which cannot be effectively conducted at a time or times other than during the school hours, provided the teacher gives the Superintendent or his/her designee at least 24 hours’ written request in advance (except in case of emergency) on a “REQUEST FOR LEAVE” form. (The nature of the leave to be disclosed by category, i.e., personal business, legal, medical, educational and family.) If more than 10% of the teachers request such leave for a given day or days, the Superintendent or his/her designee may deny the request of one or more teachers, if the leave of such teacher or teachers will cause more than 10% of the teachers on personal leave to be absent, and further provided teacher may not use such leave for the purpose of extending a weekend, holiday or vacation. The granting of such leave shall be in the order in which written requests for such leave are received by the Superintendent or his designee.

B. The Superintendent may, but need not, grant temporary leaves of absence without loss of pay for the following reasons and upon the following terms and conditions:

1. Superintendent authorized day or days granted for workshops, field trips, conferences and trips involving District or District School’s interests for worthwhile educational experiences; subject, however, to the submission of written reports, if requested by said Superintendent.

2. Leave for additional absence may be granted for personal and imperative reasons, upon approval thereof by the Superintendent. However, such granted additional absence shall be charged against accumulative sick leave.

Any absence granted under paragraph 2 above that cannot be charged against accumulative sick leave because same is exhausted or the party obtaining such leave requests that his sick leave not be so charged, shall have deducted from his salary the per diem amount of the annual salary for each day absent for ten (10) month employees; and 1/260 of said annual salary for twelve (12) month employees; and, 1/207 for eleven (11) month employees.

Applications for leave of absence, extensions or renewals of leaves shall be made to the Superintendent, in writing in a format consistent with the existing form. Except for emergency reasons or purposes of illness, the granting of leave of absence shall be contingent upon the ability of the administration to secure a satisfactory substitute.

Leave of absence without pay may be granted by the Superintendent for the following reasons:

1. Professional study, research, travel or any other good cause.

2. Military leave, subject to existing law (the present law is Chapter 708 of the Acts of 1941, as amended).

3. To care for a sick member of the teacher’s immediate family (father, mother, son, daughter, father-in-law, mother-in-law, spouse).

4. For other reasons deemed appropriate by the Superintendent.

All benefits to which a teacher was entitled at the time of his leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return; and, he/she will be assigned to the same or similar position which he/she held at the time said leave commenced, if available.

Upon return from such leave, a teacher will be considered as if he were actively employed by the Committee during the leave; and, he will be placed on the salary schedule at the level he would have achieved if he had not been absent; subject, however, to the prior approval of such placement by the Superintendent.

Time on leave of absence hereunder shall not be considered as continuous service for the purpose of establishing professional teaching status.

ARTICLE XIII - MATERNITY LEAVE

Maternity leave shall be granted in accordance with M.G.L. c. 149, S 105D, as amended, and shall be without pay except that teacher may utilize accumulative sick leave upon submission of a physician’s statement of disability.

ARTICLE XIV - SABBATICAL LEAVE

The Superintendent may, in his sole discretion, grant sabbatical leave to the professional staff for academic study. The grant or denial of a sabbatical leave shall not be subject to grievance or arbitration. To apply for a sabbatical leave, teacher must submit an application of intent to seek such leave to the Superintendent on or before February 1^st of the year preceding the year during which the leave is to commence. Said application shall set forth such information as will enable the Superintendent to deliberately review and act upon such request. The applicant will be notified in writing by April 1^st that his/her application has been approved or denied. If granted, the teacher must formally notify the Superintendent in writing by May 1^st of the year in which the sabbatical is desired if he/she intends to take such a sabbatical. Teachers will be compensated at the rate of three-fourths of their regular teaching salary in effect at the same time of the granting (The Superintendent may grant up to 100% of teacher’s regular teaching salary in effect at the time of the granting of the sabbatical if teacher is to be absent from such teacher’s teaching duties for only one semester). A teacher taking a sabbatical will be under obligation to return the following year to the District as stated in Chapter 71, Section 41A of the General Laws and otherwise comply with the provisions of Chapter 71.

A teacher who accepts a leave must sign an agreement stating the he/she will return to service in the District for a period of time equal to twice the length of the leave immediately following the school year in which the leave was taken. Teachers who fail to complete these agreements will be required to return to the District the appropriate portion of salaries received except in cases of death, incapacitating illness, or other circumstances beyond the control of the individual.

Teachers will not lose professional teacher status by accepting sabbatical leaves, and upon returning from such leaves, teachers will be eligible for any advancement on the salary schedule. The salaries of teachers on leave will be the same as those received by teachers with similar experience and academic training under the salary policies effective during the year of leave.

ARTICLE XV - INJURY IN THE COURSE OF EMPLOYMENT

A. A teacher, who is disabled because of injury sustained in the course of and arising out of a teacher’s employment and prevented from working by reason of such injury sustained, who is eligible and receives benefits under the Worker’s Compensation Act of Massachusetts, shall receive each pay period his/her salary in full minus any Compensation received under the Workmen’s Compensation Act which may be due or become due to the teacher during the period in which the teacher may be incapacitated. The total amount payable under this article because of any one injury shall not exceed an amount obtained by multiplying the number of such teacher’s accumulated sick leave days by such teacher’s per diem rate. (Total amount payable = number of teacher’s accumulated sick days X teacher’s per diem rate.)

B. If the illness or injury of a teacher comes within the purview of both this article and Article X “Sick Leave”, it shall be deemed to come within the purview of this article, and such teacher shall not be paid any benefits pursuant to article X for such illness or injury except as is provided in the preceding paragraph.

ARTICLE XVI - INSURANCE

1. The School District will offer the health/life insurance plans listed below to eligible employees for the duration of the three (3) year contract.

a) Master Health Plus Insurance Plan (the Indemnity Plan). The School District will pay 55% of the premium and the employee will pay 45% of the premium. Benefits, deductibles, co-pays, limitations and exclusions are as specified

in the plan.

b) Blue Cross/Blue Shield - Blue Care Elect (PPO).

c) Blue Cross/Blue Shield - Blue Care Elect Value Plus (PPO).

d) Blue Cross/Blue Shield - Blue Choice New England (POS).

e) Blue Cross/Blue Shield - Blue Choice Value Plus (POS).

f) Blue Cross/Blue Shield - Network Blue New England (HMO).

g) Blue Cross/Blue Shield - Network Blue New England Value Plus (HMO).

h) Blue Cross/Blue Shield Dental Plan.

i) Savings Bank Life Insurance. (Active Employees $20,000)

2. Senior Plans

a) Medex Standard

b) BC/BS Medex Enhanced

c) BC/BS Managed Blue for Seniors

School district and employee share of insurance costs for listed plans. The school District will pay 75% of the premium and the employee will pay 25% of the premium. Benefits, deductibles, co-pays, limitations and exclusions are as specified in each plan.

1. Professional staff will have the option to purchase additional term life insurance of the type presently available, as the law permit (CH 32B), at full cost, with no District contribution, on a payroll deduction plan.

2. Establishment of a Section 125 Cafeteria Premium Only Plan (POP) – This plan allows employees to pay their portion of health, dental, and life insurance with pre-tax dollars.

ARTICLE XVII - NON-TEACHING DUTIES

Teachers will not be required to perform the following:

A. Monitoring of student conduct on sidewalks and buses (except pursuant to athletic events, field trips or off premises job sites) during school hours.

B. Collect money from students, except when required to support extra-curricular

activities and with the approval, support and assistance of the Administration.

C. Clerical duties that are not related to their teaching assignment, classroom or shop,

however for professional correspondence, curriculum and or unit development and

similar approved projects, clerical support will be provided when appropriate. (A

photocopy machine shall be made available for classroom material duplication).

D. Drive students to activities, which take place away from the school building, except where such activity is an extension of the classroom (job sites, field trips etc.), or on a voluntary basis with advanced approval of the Administration.

E. Health services, such as administering eye and ear examinations and weighing

and measuring students.

F. Cafeteria monitoring duty, except on a volunteer basis.

G. Monitoring of student conduct in lavatories except when a specific problem is

apparent.

ARTICLE XVIII - POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL AND UNDER FEDERAL AND STATE PROGRAMS

A. All openings for teaching positions in summer school and evening adult education programs and under federal and state programs shall be publicized by the Superintendent so that teachers may apply for such positions.

B. Positions in the summer, evening school and under federal, state and other programs will, to the extent possible, be filled first by regularly appointed teachers in the system.

C. In filling such positions, consideration will be given to a teacher’s area of competence, major and/or minor field of study, quality of teaching performance, attendance record, length of service in the school system and, in regard to summer school or evening school positions, previous summer school or evening school teaching experience.

ARTICLE XIX - GENERAL

A. This Agreement constitutes Committee policy for the term of said Agreement, and

the Committee will carry out the commitments contained therein and give them full force and effect as Committee policy. The Committee will amend its Administrative Regulations and/or policy statements and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement.

B. The Committee will make available to the Association in the Superintendent’s office,

as soon as possible, copies of the agenda and minutes of official Committee meetings. All other public documents shall be made available to the Association upon request.

C. If negotiation meetings between the Committee and the Association are scheduled

during a school day, the representatives of the Association will be relieved from all regular duties without loss of pay as necessary in order to permit the participation in such meeting.

D. If any provision of this Agreement or any application of the Agreement to any

employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

ARTICLE XX - DUES DEDUCTIONS

A. The District agrees to deduct from the salaries of its teachers for local, state and

national dues and for McCann Faculty Association, Massachusetts Teachers Association and National Education Association services and programs as said teachers individually and voluntarily authorize the District to deduct, and to transmit the monies promptly to the appropriate Association. Teacher authorization will be in writing.

ARTICLE XXI - SUBSTITUTE TEACHERS

The administration will make every reasonable effort to provide a qualified substitute teacher when it is made aware that the regular teacher will be away from his regularly constituted duties, except that a teacher with more than 10 preparation periods per week may be assigned to substitute teach if the teacher so assigned continues to have one preparation period on the day the assignment is to be prepared.

ARTICLE XXII - TEACHER EVALUATION

A. Evaluation and observation of personnel shall be the responsibility of the administration and may be conducted by them in a timely manner after the teacher has been informed of the specific criteria at the beginning of the school year. The teacher shall know who will be evaluating him/her, and the time of the evaluation shall be mutually agreed upon.

B. No material derogatory to a teacher’s conduct, service, character or personality will be

placed in his/her personnel file unless the teacher has had the opportunity to review

the material. The teacher will acknowledge that he/she has had the opportunity to

review such material by affixing his/her signature to the copy to be filed under the

express understanding that such signatures in no way indicate agreement with the

contents thereof. The teacher will also have the right to submit a written answer to

such material and such teacher’s answer shall be reviewed by the Superintendent and

attached to the file copy.

C. No complaint regarding a teacher shall be considered unless reduced to writing by the

complainant. Such written complaints regarding a teacher made to any member of the

administration by any parent, student or other person will be promptly called to the

attention of the teacher, and the complainant identified.

D. The Association recognizes the authority and responsibility of the Principal for

disciplining and reprimanding a teacher for delinquency of professional performance.

If a teacher is to be disciplined or reprimanded by a member of the administration

above the level of the Principal, however, he will be entitled to have a representative

of the Association present.

E. No teacher will be dismissed, disciplined, reprimanded, reduced in rank or

compensation, not re-appointed, or deprived of any professional advantage without

just cause.

F. Evaluation Procedure

1. A teacher who has attained professional teacher status will be formally evaluated at least once every two years in his/her area of certification/approval by the appropriate supervisor.

2. A first year teacher’s classroom performance shall be formally observed at least once during each of the first three (3) student marking periods in his/her area of certification/approval by the appropriate supervisor.

3. All other teachers who have not yet attained professional teacher status will have their classroom performance formally observed at least once during the school year prior to May 1.

4. All formal observations and evaluations shall be at least for 20 minutes in duration. Whenever possible, the evaluator should stay for an entire lesson.

5. Twenty-four hours notice shall be given prior to all formal observations. For teachers who are in their first two years of employment, one formal evaluation may be conducted without said notice during each of these two years.

6. Formal classroom observation shall be:

a. Conducted openly and with the employee’s full knowledge that an observation is in progress.

b. For different classes and subjects if this is possible or applicable.

c. Reduced to writing and presented to the teacher within five (5) school days of the observation.

d. Followed by a conference with the observer within five (5) school days of the receipt of the report.

7. In the process of conducting an evaluation, it shall be incumbent upon an

evaluator to comment upon ranked areas and to offer suggestions for the

teacher to follow in order to show improvement.

8. Closed circuit TV and audio monitors shall not be used for observations.

ARTICLE XXIII - USE OF SCHOOL FACILITIES

A. The Association will have the right to use school buildings at reasonable times for

meetings. The Principal or Superintendent will be notified in advance of the time

and the place of all such meetings. The said Association will have the right to use the

athletic facilities and equipment at the school. The schedule and other related

matters will be arranged in advance with the Principal or Superintendent. The cost,

if any, for custodial services, shall be borne by the Association.

B. There will be one bulletin board in each faculty room for the purpose of displaying

notices, circulars and other Association material. Copies of any such material will be

given to the Principal, but his advance approval will not be required.

ARTICLE XXIV - REDUCTION IN FORCE

A. Whenever the Superintendent, in the exercise of his discretion, determines that after

taking into account teacher retirements and resignations he shall reduce the number

of teachers employed by the District, he shall determine the anticipated staffing

needs, identify the areas by certification in which the Superintendent intends to

reduce the number of teachers employed by the District and select for dismissal those

teachers having the least “length of service” as will in the opinion of the Super-

intendent enable the District to meet its anticipated staffing needs. Thereafter the

Superintendent shall notify the Association in writing of the District’s anticipated

staffing needs, the areas by certification in which the Superintendent intends to

reduce the number of teachers employed by the District and the teachers selected for

dismissal. The Association may within ten days of the receipt of the aforesaid notice

deliver notice in writing to the Superintendent containing the names of the teachers

having the least length of service as will in the opinion of the Association enable the

Superintendent to accomplish the District’s intended reduction. The Superintendent

may, after the expiration of the aforesaid ten-day period, dismiss from the District's

employ any one or more of the teachers named in the Superintendent’s notice to the

Association or named in the Association’s notice to the Superintendent. Dismissal

under this article shall not be subject to grievance or arbitration as to any given

teacher unless (1) the Association has delivered the aforementioned notice of

Association to the Superintendent within the prescribed 10-day period and (2) the

dismissed teacher's name does not appear on the aforementioned notice of

Association to the Superintendent.

B. A dismissal grievable under this article must be submitted to arbitration at Level Two

within 30 calendar days after the Superintendent’s decision to dismiss the teacher in

question.

C. Length of service means a teacher’s continuous length of service within the

bargaining unit from his or her initial date of employment, plus (a) those years of

continuous service immediately prior to dismissal pursuant to the provisions of this

article if the teacher has been recalled pursuant to the provisions of this article; (b)

those years of service within the bargaining unit if a teacher leaves employment by

the District in a position not within the bargaining unit and subsequently returns

to employment within the bargaining unit.

D. Teachers having identical length of service shall be ranked by academic degree with

the teachers having the highest academic degree the highest ranking.

E. The Superintendent will provide a “length of service” list with certification/licensure of each teacher in writing annually to the Association. The list will be available by October 1^st. Challenges to this list must be presented in writing to the Superintendent October 15^th. If there are no challenges to the list by October 15^th, the list will stand

until October 1 of the next calendar year except that there shall be added to the list the

certification/license of each teacher who prior to January 10^th of each year submits

to the Superintendent his/her certification or proof of certification/license (all

paperwork must be on file with the Commonwealth to establish proof of the ability to obtain certification/license) not appearing on the October list.

F. It is understood that in the application of this article a teacher whose position is

eliminated, employment shall not be terminated if such teacher can:

(1) be transferred to an open position for which he/she is qualified and certified/

licensed or able to obtain licensure/certification.

(2) replace a teacher who (I) has lesser length of service and (II) holds a teaching position for which the teacher whose position is eliminated is qualified and certified or certifiable to fill.

ARTICLE XXV - RECALL

A. Teachers who have been laid off shall be entitled to be recalled to employment as a teacher for a period of two (2) years from the effective date of the particular teacher’s layoff.

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

2. Teachers so notified shall have twenty (20) calendar days from the date of delivery of written notice to accept the employment offer.

3. The District will not be held responsible for the failure of the postal service to deliver letters of notification or for the failure of the postal service to deliver letters of reply within specified time limits.

B. In the event that the position offered requires certification/licensure not presently held by a teacher on recall, the teacher must establish that he/she is certifiable (all paperwork must be on file with the Commonwealth to establish the ability to obtain certification/licensure).

1. The District will seek a waiver from the State Department of Education for a period of time, not to exceed one (1) calendar year, to enable the teacher to obtain the appropriate certificate or license..

2. The District will not be held responsible if the State Department of Education declines to seasonably issue the requested waiver.

3. In the event a teacher is unable to seasonably secure the necessary certification/licensure within the waiver period, he will not be re-appointed for continued employment.

C. All unutilized benefits to which a teacher is entitled at the time of the layoff shall be restored in full upon reemployment within the recall period.

D. During the recall period, teachers who have been laid off shall be given preference on the substitute list if they so desire. Their employment will be at the established District substitute pay rate. The District will not be held responsible if teachers on the substitute list decline work.

ARTICLE XXVI - EXTRA CURRICULAR ACTIVITIES

A. Before undertaking to assign any person to a position described on Exhibit B or similar position funded by grants, the Superintendent shall post the involved positions on one or more bulletin boards referred to in Article XXIII. Applications for such positions shall be accepted from both members and non-members of the aforesaid unit. The Administration agrees that it shall, in selecting an applicant, consider the background, attainments and experience of each applicant, together with such other factors it shall deem to be relevant. If, in the judgment of the Administration the background, attainments and experience of the applicants deemed by it to be the most qualified are in, in its opinion, substantially equal, it will give preference to an applicant who is a member of the aforesaid unit unless, in the opinion of the Administration, the grant of such preference shall not be in the best interest of the school system. The decision of Administration regarding such assignments is a matter of educational policy and shall not be subject to Article III. A teacher so appointed shall not be removed from such appointed position during the term of his/her appointment without cause.

1). Athletic Extra-Curricular Positions

If the applicant selected is a member of the aforesaid unit, appointments to a position shall be for a period of three (3) years. Whenever possible appointments shall be made no later than August 1st of each calendar year or at least 30 days prior to the beginning of the season. The provisions of Chapter 71, Section 47A relevant to athletic coaches shall apply to all coaching positions.

Director of Athletics

Faculty Manager

Head Coaches

Assistant Coaches

Scorer, Timer, Ticket Takers

2). Activity Advisors, Class Advisors, and other non-athletic positions currently filled by a faculty member may remain filled consistent with past practices and subject to the conditions in Article XXVI. Positions filled on or after September 1, 2000 shall be for a period of three (3) years (except class advisor positions, which shall be for a period of four (4) years or conclude with class graduation). Whenever possible appointments shall be made no later than August 1st of each calendar year or, at least 30 days prior to the beginning of said activity.

Yearbook Advisor

Student Council Advisor

Senior Class Advisor

Junior Class Advisor

Sophomore Class Advisor

Freshman Class Advisor

National Honor Society Advisor

Cheerleader Advisor

Evening School, Tutors, Summer School, Etc.

Ski Club

SkillsUSA

Gender Equity (Federal Grant)

Peer Ed (Federal Grant)

SADD (Federal Grant)

Unity (Grant)

Mentor

Mentor Coordinator

2A). Mentor and Mentor Coordinator positions shall be filled as required by statute to assist with the development of new teachers. Appointments will be made on an annual basis by the Administration after considering background, experience and other relevant factors.

3). Department Chairpersons, School Lunch Program Supervisor, Dental Assisting, Medical, Practical Nursing, and Surgical Coordinator positions shall be filled by a member of the aforesaid unit consistent with past practices and subject to the conditions in Article XXVI. A teacher so appointed shall not be removed from such appointed position during the term of his/her appointment without cause.

Department Chairpersons

School Lunch Program Supervisor

Dental Assisting, Medical, Practical Nursing, Surgical Coordinator

ARTICLE XXVII - TRAVEL AND UNIFORMS

A. Medical instructors and school nurse will be reimbursed for mileage from school to

hospitals and nursing homes at the IRS standard amount per mile for use of their

personal vehicle, with prior administration approval, when a school vehicle is not

available.

B. Medical Assistant, Dental Assistant, Practical Nursing, Surgical Technology and Cosmetology instructors and the school nurse shall be reimbursed for uniforms in the amount of $60 per year.

C. Shop coats will be furnished to shops at two (2) per instructor per week for the automotive, machine, metal fabrication and building trade shops.

ARTICLE XXVIII - PROFESSIONAL IMPROVEMENT/RECERTIFICATION

The Committee and the Association have agreed that funds will be provided to reimburse professional staff for certain expenses incurred in pursuing professional improvement and re-certification.

ALL COURSES AND ACTIVITIES FOR WHICH REIMBURSEMENT IS SOUGHT SHALL BE SUBJECT TO THE FOLLOWING:

1. Prior approval shall be obtained from the Superintendent. The Superintendent will provide an appropriate form.

2. Teacher shall complete the course or other activity in a satisfactory manner. For a course, a passing grade in writing from the instructor/institution shall be submitted. (Reimbursement shall not be allowed for auditing a course.) For an activity other than a course, written validation from the provider that the activity was completed in a satisfactory manner shall be submitted. These submittals shall be made prior to any reimbursement.

3. Approval for reimbursement will be granted ordinarily only for a course taken at an accredited college or university and for an activity other than a course, taken from a legitimate and reputable provider. Such course or activity must be associated with the teacher’s assignment and/or would enhance a teacher’s professional ability and/or performance. Each request will be judged on its own merits.

4. Reimbursements shall not exceed a teacher’s verifiable out-of-pocket expenses. Reimbursement shall not be made if payment has or will be received from another source.

5. Reimbursement for a course shall not exceed the current charge for a three (3) credit hours undergraduate course at Massachusetts College of Liberal Arts. Only charges per credit hour will be considered for reimbursement. Other expenses such as books, general fees, transportation, etc., will not be considered.

6. Reimbursement for an activity other than a course shall not exceed the current cost for a three (3) credit hour undergraduate course at Massachusetts College of Liberal Arts and shall not include the cost of transportation.

7. A teacher may qualify for reimbursement of one course or activity only in each of three time periods which correspond to the McCann school year calendar: 1st semester, 2^nd semester, summer vacation period.

8. Reimbursement shall be made for courses or activities no later than July 1^st of

each year provided that required documentation shall have been submitted at

least four (4) weeks prior.

9. Should valid claims exceed funds available, the funds shall be distributed to

teachers on a pro-rated basis, based on expenses incurred. For purposes of

pro-ration no teacher’s expenses shall be considered to exceed the current cost

for a three (3) credit hour undergraduate course at Massachusetts College of

Liberal Arts and shall not include the cost of transportation.

10. Should valid claims be less than funds available, the Superintendent and the

Association President shall consult to determine a way of expending the funds

to benefit the entire professional staff in a manner consistent with the aims of

this section.

11. Funds budgeted but not expended in a fiscal year shall be available for

distribution in the following year or expended as provided in 10 above.

Adopted 6/8/95.

ARTICLE XXIX – LONGEVITY

Commencing in school year 2004/2005, the District shall pay a teacher once during his/her employment, as part of teacher’s regular salary, a longevity payment in the sum of $2625 in each of three successive school years provided: (1) that the teacher shall have irrevocably requested such payment in writing, delivered to the Superintendent no later than January 15^th prior to the school year that payment is to commence, (2) that the teacher has been employed at least 15 years by the District. (3) that the teacher has and maintains at least 180 days of accumulative sick leave during each of the three years and (4) that the amount payable shall be paid during such teacher’s employment as part of the teacher’s salary.

ARTICLE XXX - DURATION AND RENEGOTIATION

This agreement shall be effective as of September 1, 2011, and remain in full force and effect through August 31, 2014. Both Parties agree that on or about October 15, 2013, they will use their best efforts to negotiate an agreement to become effective on the expiration of this agreement.

IN WITNESS WHEREOF, we have affixed our hand this 15^th day of December, 2011.

NORTHERN BERKSHIRE VOCATIONAL

REGIONAL SCHOOL DISTRICT COMMITTEE

By_______________________________________

Its Chairman

CHARLES H. McCANN FACULTY ASSOCIATION

By_______________________________________

Its President

Collective Bargaining Agreement Addendum

Between

The Northern Berkshire Vocational Regional School District

And

The Charles H. McCann Technical School Faculty Association

The following items are agreed to by the McCann Faculty Association as an addendum to the collective bargaining agreement in effect from September 1, 2011 through August 31, 2014.

1. The District and the Association mutually agree to re-open the agreement for the purpose of negotiations should the Commonwealth of Massachusetts, the Berkshire Health Group and/or the District initiate a change in any particular health insurance plan(s) type currently offered in the collective bargaining agreement, as promulgated by MGL Ch. 69 and MGL Ch. 32b, s. 21-23 as enacted in 2011.

2. The District and the Association mutually agree to re-open the agreement for the purpose of negotiating pending changes to the teacher evaluation process as promulgated by the Massachusetts Department of Elementary and Secondary Education.

Northern Berkshire Vocational Regional

School District Committee

By Date

Daniel J. Maloney, Jr , Chairperson

Charles H. McCann Faculty Association