|Shared Contract District|
|Type of District||Regional Secondary|
|Most Recent Document||Contract|
|Superintendency Union||Union 55 Old Rochester|
|Regional HS Members||Old Rochester|
|Vocational HS Members|
|Kind of Community||residential suburbs|
|Number of Schools||2|
|Percent Low Income Students||8|
OLD ROCHESTER PROFESSIONAL
OLD ROCHESTER REGIONAL DISTRICT
September 1, 2008 through August 31, 2011
2008-2011 AGREEMENT BETWEEN THE OLD ROCHESTER REGIONAL
SCHOOL DISTRICT AND THE OLD ROCHESTER PROFESSIONAL
The terms "teacher(s)" and "employee(s)" as used in this Agreement are interchangeable and refer only to such person(s) who, at the time in question, fall within the bargaining unit of professional employees as defined in Article I. The term "Committee" as used in this Agreement includes the Superintendent of Schools and other agents of the Committee comprising School Administration, as the Committee deems appropriate.
I. RECOGNITION AND REPRESENTATION
For the purpose of Collective Bargaining with respect to those matters set forth in General Laws, Chapter 150E Section 6, as amended, which is included herein by reference, the Committee recognizes the Association as the exclusive representative of all employees of the Committee performing teaching duties or duties of a professional educational nature; excluding the Superintendent, Assistant Superintendent, Associate Superintendent for Business, Director of Special Needs Education, Principals and Assistant Principals of the Old Rochester Regional High School and Junior High School, Director of Athletics (as director and not teacher), Department Coordinators (only with respect to their selection and retention), per diem Substitute Teachers, Summer School Teachers, Evening School Teachers, Practical Arts Teachers, Office Personnel, Aides, Cafeteria Manager, Cafeteria Personnel, Custodians and Maintenance Personnel.
II. RIGHTS OF COMMITTEE
Except to the extent that there is contained in this Agreement and express and specific provision to the contrary, all the authority, power, rights, jurisdiction, responsibilities and duties of the Committee under the laws of the Commonwealth or the lawful By-Laws of the District or of any of the Member Towns are retained by and reserved exclusively to the Committee. The Committee has the final responsibility for establishing the educational policies of the School District.
III. RIGHTS OF ASSOCIATION
3.1 The Committee recognizes the desire of the teachers to participate in the planning of all aspects of the school and its operation. Written requests by the Association for inclusion of items on the agenda of any School Committee meeting will be welcome provided that said written request is presented to the Superintendent of Schools at least five (5) school days in advance of said meeting.
3.2 The Committee and the Association agree to the establishment of an Educational Council, the purpose of which will be to discuss matters that affect the education of students. It is not the purpose of the Educational Council to discuss matters which are mandatory subjects for collective bargaining. The opinion, conclusions and recommendations of the Council shall be advisory only, and shall be reported to the Committee and the Association.
The Educational Council shall consist of six (6) members: two (2) members of the Committee; the Principal of the Old Rochester Regional High School; the Principal of the Old Rochester Junior High School; and two (2) members of the Association, one of whom shall have an assignment at the Old Rochester Regional High School and the other an assignment at the Old Rochester Regional Junior High School. The method of appointment and/or election of the members of the Educational Council, other than the two (2) Principals, shall be decided by the Committee and the Association, respectively.
All terms of office of the Educational Council members shall be for one year. All appointments/elections to membership on the Council shall be conducted in September.
The Educational Council shall meet on the first Monday in October and as many times thereafter as deemed necessary by the Council. The Principal of the Old Rochester Regional High School shall serve as the Chairman pro-tempore until such time as a permanent Chairman has been chosen.
The agenda of each meeting shall be published at least seven (7) days in advance of such meeting. The agenda shall be established for each meeting at the meeting of the Educational Council most recently conducted, or by the filing of a petition to meet with agenda items specified with the Chairman who shall then poll the members. If three members agree, a meeting will be called and proper notice given.
The decisions or determinations of the Educational Council shall not be subject to the grievance procedures of Article VI or the arbitration procedures of Article VII. The procedural aspects of this Article III, Section 3.2 shall be subject to the grievance and arbitration procedures of Articles VI and VII.
3.3 Neither the Committee nor the Association shall discriminate against any teacher because of his/her membership or nonmembership in the Association or because of his/her participation or nonparticipation in its activities.
3.4 There shall be at least one (1) bulletin board in each school building for the exclusive use of the Association for the purpose of posting Association material.
While not exclusive to the sole use of the Association, the District shall provide the Association a room in the school for its business use.
The District shall grant to the representatives of the Association up to three (3) days leave of absence with pay each year for the purpose of attending the MTA Annual Meeting.
4.1 (a) The Committee agrees to deduct from the salaries of teachers who have on file with the Committee and executed current Dues Deduction Authorization Card, in the form set forth below, dues for the Association, the Massachusetts Teachers' Association and the National Education Association and to transmit the monies deducted to the Association Treasurer. Teacher authorization shall be in writing in the form set forth below:
"Dues Deduction Authorization Card
I hereby request and authorize the Old Rochester Regional School District School Committee to deduct from my earnings and to transmit to the Treasurer of the Old Rochester Professional Educators' Association, Massachusetts Teachers' Association, and National Education Association in equal deductions from each payroll period. I may withdraw this authorization by giving at least sixty (60) days' notice in writing of such withdrawal to the Committee. I further understand that if I leave the system or withdraw this authorization before the end of the school year the balance due will be deducted from my last paycheck upon leaving or prior to the effective date of the withdrawal of this authorization, as the case may be. I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization, and relieve said Committee, and any or all officers of the Committee from any liability therefor.
(b) Deductions referred to in Section 4.1(a) above will be made in equal payments in amounts certified by the Treasurer as being the regular membership dues of the Association, the Massachusetts Teachers' Association, and the National Education Association, from the first payroll period in each month.
(c) The Treasurer of the Old Rochester Regional School District will submit the amounts deducted to the Association Treasurer as soon as is reasonably possible after the issuance of the paycheck from which the deductions were taken.
(d) The provisions of this Section 4.1 shall be subject to the requirements of Section 17C of Chapter 180 of the General Laws including the requirement that the Treasurer of the Old Rochester Regional School District shall be satisfied by such evidence as he/she may require that the Treasurer of the Association has given to the Association a bond, in a form approved by the Commissioner of Corporations and Taxation, for the faithful performance of his/her duties, in a sum and with such surety or sureties as are satisfactory to the School District Treasurer.
(e) A teacher's payment of dues or an agency fee (subject to M.G.L. Chapter 150E, Section 12) to the Association shall be a condition of continued employment, provided that no teacher shall have his/her employment terminated under this paragraph unless a majority of the teachers in the bargaining unit have so concurred.
4.2 The Committee agrees to deduct from the salaries of teachers who have on file with the Committee an executed current Credit Union Authorization Card, in the form set forth below, sums for the Massachusetts Teachers' Association Credit Union and/or the Plymouth County Federal Teachers Credit Union and to transmit the monies deducted as specified on such Card. Teacher authorizations shall be in writing in the form set forth below:
"Credit Union Authorization Card
I hereby request and authorize the Old Rochester Regional School District School Committee to deduct from my earnings and to transmit to the Plymouth County Teachers Federal Credit Union, 2 Rae Avenue, West Wareham, MA 02576 the sum of $ from each payroll period. I may withdraw this authorization by giving at least sixty (60) days' notice in writing of such withdrawal to the Committee. I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization, and relieve said Committee, and any or all officers of the Committee from any liability therefor.
4.3 The Association agrees to and does hereby indemnify and hold the Committee harmless from any and all claims, demands, liabilities, obligations and suits or any other form of legal action or litigation arising from or relating to any action taken by the Committee in reliance upon any information list, notice, authorization for the check off of association dues delivered to the Committee by the Association or by a teacher for the purpose of complying with any provisions of this Article or of this Agreement.
V. CONTINUITY OF OPERATIONS
5.1 Neither the Association nor any teacher shall induce, encourage, or condone any strike, work stoppage, slowdown, or withholding of services by any teacher or other employee of the Committee. In the event of any violation of Section 5.1, the Association will use its best efforts to ensure that such violation cease and that all work fully resume.
5.2 The Committee agrees not to conduct a lockout.
5.3 The Association and its members, individually and collectively, agree that if there is a violation of Section 5.1, any and all teachers violating this clause will at the discretion of the Superintendent be subject to disciplinary action, including discharge or suspension. Furthermore, the only question that will be subject to the grievance and arbitration procedure is that of participation or involvement a described above.
5.4 In the event of a violation of this Article, the Committee or the Association, as the case may be, may at its option institute any or all proceedings in court at law or in equity or in arbitration pursuant to the procedure described in Article VII.
VI. GRIEVANCE PROCEDURE
6.1 The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to grievances. All grievances will be handled as provided in this Article. The parties agree that such procedure shall be kept as informal and confidential as may be appropriate for the procedural level involved. Nothing in this Agreement shall prevent any teacher from individually presenting any grievance without the intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement. The Association shall be notified of the initiation of a grievance and shall, if it so requests, be heard at each step of the grievance procedure and shall be notified of the decision reached at each level.
6.2 The following definitions shall apply for purposes of this Agreement:
(a) A "grievance" shall mean a complaint by a teacher or group of teachers that as to such teacher(s) the Committee has applied this Agreement in violation of a specific provision hereof.
(b) An "aggrieved teacher" shall mean the teacher or group of teachers making the complaint.
6.3 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may be extended only by prior mutual agreement. "Days" as used in this Article and Article VII shall mean calendar days, exclusive of Saturdays, Sundays, regularly scheduled holidays, and vacation periods during the school year.
6.4 Every effort shall be made by the aggrieved teacher and his/her immediate supervisor to arrive at a settlement of the grievance before resorting to the formal grievance procedure of Section 6.5.
6.5 The processing of grievances shall be undertaken in accordance with the following procedure:
PRINCIPAL LEVEL - The aggrieved teacher must first present the grievance in writing to the principal of his or her school within twenty (20) days of the day the teacher knew or reasonably should have known of the event or events giving rise to the grievance. The written grievance shall state the provision(s) of the Agreement asserted to have been violated, the facts comprising the cause of the grievance (so far as are then known), and the desired remedy. Within ten (10) days after receipt of the grievance, the Principal or his/her designee and the aggrieved teacher and, if the aggrieved teacher so desires, a representative of the Association, shall meet to discuss the grievance, provided that the aggrieved teacher need not attend with the representative if unable to do so because of physical incapacity, unavailability because of an approved leave of absence, unavailability because of the summer recess, or because of a similar reason. The Principal or his/her designee shall provide his/her decision in writing within ten (10) days after the conclusion of such meeting.
SUPERINTENDENT LEVEL - If the grievance is not settled at the preceding level, the grievance shall be presented in writing to the Superintendent within five (5) days of the decision in the preceding level. The Superintendent or his/her designee (and up to two (2) representatives of the Superintendent) and the aggrieved teacher (and, if the aggrieved teacher so chooses, up to two (2) representative(s) of the Association) shall meet within ten (10) days after receipt of the written grievance by the Superintendent to discuss the grievance, provided that the aggrieved teacher need not attend with the representative if unable to do so because of physical incapacity, unavailability because of an approved leave of absence, unavailability because of the summer recess, or because of a similar reason. The Superintendent or his/her designee shall answer in writing within ten (10) days after the conclusion of such meeting.
COMMITTEE LEVEL - If the grievance is not settled at the preceding level to the satisfaction of the aggrieved teacher, the grievance may be presented in writing to the Committee within ten (10) days of the decision in the preceding level. The Committee shall consider the grievance and provide its decision in writing to the aggrieved teacher within thirty (30) days after receipt of the written grievance by the Committee. A meeting will be held at the Committee Level with the aggrieved teacher (and/or, if the aggrieved teacher so chooses, representative(s) of the Association) to discuss the grievance (except in instances in which the Committee, in its discretion, believes a meeting with the full Committee is unnecessary, in which case the Committee will appoint one or more of its members to attend such meeting). If the grievance is not settled to the satisfaction of the aggrieved teacher at the Committee Level, the Association may submit the grievance to arbitration by giving written notice to the Committee within twenty (20) days after receipt of the Committee's decision.
The written notices to the Committee referred to above shall be mailed or delivered to the Chairman of the Committee at his or her residence, and a copy addressed to the Superintendent shall be mailed or delivered to the Superintendent at his or her office. At each of the above three levels, either Committee (or any of its agents) or the aggrieved teacher may have present at the specified meeting any persons through whom evidence or a relevant and material nature to the resolution of the grievance will be adduced.
6.6 If the Committee and the Association or the aggrieved teacher (in instances in which the teacher pursues the aggrieved without the intervention of the Association) agree, a grievance may be presented initially at the Superintendent Level or the Committee Level, within the twenty (20) day time limit referred to in the Principal Level being applicable to such initial presentation.
6.7 If a decision at any level is not provided within the time limits specified, the grievance shall be deemed denied on the day the decision was due and shall be qualified to be taken to the next higher level.
6.8 No grievance shall be considered which is not presented within the time limit specified in the Principal Level, or which is not appealed to a higher level within the time limits specified above. The aggrieved teacher or the Association, as the case may be, shall where feasible secure and retain a dated receipt for grievances which are presented at any level of the grievance procedure or submitted to arbitration whether such presentation or submission was by hand delivery or mail.
6.9 The parties will endeavor to expedite the processing of any grievance filed on or after June 1 which, if left unresolved until the beginning of the following school year, could result in irreparable harm to the aggrieved teacher or the Committee.
6.10 The Committee and the Association agree to furnish to the other upon request such information in aid of the grievance procedure as is required under law in the fulfillment of the duty to bargain in good faith.
6.11 All documents, communications and records dealing with the processing of the grievance will be filed separately from the personnel files of the participants.
6.12 So far as feasible, the presentation of grievances and the holding of grievance meetings pursuant to Section 6.5 shall be undertaken outside the teacher's workday.
6.13 A grievance may continue to be processed by an aggrieved teacher no longer in the employ of the Committee only if such teacher would receive a monetary award in the event that the grievance is upheld or, in the case of a grievance contesting the termination of a teacher, if such teacher is seeking the remedy of reinstatement to the employ of the Committee.
7.1 In the event that the Association elects to submit a grievance to arbitration, the arbitrator shall be selected according to and shall be governed by, the procedures set forth in this Article.
7.2 The Arbitrator shall be selected by mutual agreement of the parties. Within seven (7) days after receipt by the Committee of written notice that the Association intends to arbitrate, the parties shall communicate for the purposes of selecting an arbitrator by mutual agreement and of discussing the matter in dispute and the remedy sought. If the parties cannot agree within seven (7) days after receipt by the Committee of written notice that the Association intends to arbitrate, the Association may, within seventeen (17) days after such receipt, refer the grievance to the American Arbitration Association. The arbitrator shall be selected in accordance with the then current rules of the American Arbitration Association applicable to labor arbitrations. Any arbitration hereunder shall be conducted in accordance with such rules, subject to the provisions of this Agreement. The Committee and the Association shall share equally in compensation and expenses of the arbitrator.
7.3 The Committee shall have standing to question substantive and/or procedural arbitrability in arbitration and/or in an appropriate forum, provided that as to any question of procedural arbitrability (except as to reference to arbitration) the Committee has notified the Association of its intention to raise such question before the Association refers the grievance to the American Arbitration Association or before an arbitrator is otherwise selected pursuant to Section 7.2.
7.4 The function of the arbitrator is to determine the interpretation and application of specific provisions of this Agreement. There shall be no right in arbitration to obtain, and no arbitrator shall have any authority or power to award or determine any change in, modification or alteration of, addition to, or detraction from, any of the provisions of this Agreement. In reaching a decision, the arbitrator shall apply to each arbitration the normally accepted principles of arbitration law. The arbitrator may or may not make his/her award retroactive as the equities of the case may require, but in no event shall any such award be retroactive beyond the date on which the grievance was first presented in accordance with the procedures set forth in Article VI. Each grievance shall be separately processed in any arbitration proceedings hereunder unless the parties otherwise agree. The arbitrator shall furnish a written opinion specifying the reasons for his/her decision. The decision of the arbitrator, if within the scope of his/her authority and power under this Agreement, shall be final and binding upon the Committee, the Association and the teacher who initiated the grievance.
VIII. BASE COMPENSATION
8.1 Teachers' base annual salaries during the years September 1, 2008 through August 31, 2009, September 1, 2009 through August 31, 2010, and September 1, 2010 through August 31, 2011 shall be determined in accordance with Salary Schedule A attached hereto.
8.2 An additional amount for academic preparation level movement (as provided in Schedule B, attached hereto) shall be added annually to the base annual salary, set forth in Section 8.1. Such movement may be based only upon credits acquired by a teacher while in the employ of the Committee and approved in advance by the Superintendent. Such approval shall not be unreasonably withheld. Such movement shall become effective on the September 1 next following the teacher's completion of the applicable requirements, provided that the Superintendent has received satisfactory documentation evidencing attainment of the applicable educational level not later than the August 31 preceding such September 1.
8.3 Step 11 of Schedule A shall be $850.00 higher than Step 10 and Step 12 of Schedule A shall be $850.00 higher than Step 11. Neither Step 11 or 12 shall be subject to the application of the across-the-board percentage. The value of such steps shall be negotiated separately as part of the negotiations successor agreements.
In order for a bargaining unit member to move from Step 10 to Step 11, he/she must take a (3 or more credits) graduate level course approved in advance by the Superintendent. In order to move from Step 11 to Step 12, a bargaining unit member must take an additional (3 or more credits) graduate level course approved in advance by the Superintendent.
In order to remain on Step 12 a bargaining unit member must obtain (3 or more credits) graduate level course in academic study in which the teacher is teaching or in another area approved in advance by the Superintendent, institution approved by the Superintendent, and achievement of at least a grade of eight percent (80%) or B-equivalent in such study; acceptable college credits submitted by teachers to satisfy this requirement must be at institutions accredited by the National Council of Teacher Education, or one of the six recognized accrediting agencies, or both; or the teacher must complete an independent study project with the prior approval of the Superintendent. The teacher will be notified of the decision of the Superintendent, in writing, within fifteen (15) days next following the submission, to the Superintendent of the independent study project proposal. The Superintendents discretion shall be final.
Payments for Steps 11 and 12 shall commence on the September following the completion of the study.
A teacher must be on Step 10 for one complete year before moving to Step 11 or 12.
A course used for Steps 11 and 12 may be counted toward a level change but not both during the same school year.
The benefits provided by this section shall be received based upon the submission of a single form which shall be provided to bargaining unit members by the Administration.
8.4 Upon the hiring or rehiring of a teacher, the Superintendent shall assign the stipend set forth in Schedule B that the Superintendent deems appropriate to his or her level of educational attainment and on the step of Schedule A that the Superintendent deems appropriate to his or her qualifications and experience. Credits for courses taken prior to employment by the Committee must be presented by the teacher to the Superintendent for evaluation and approval in connection with initial salary placement.
8.5 After hiring or rehiring, a teacher shall advance one step on Schedule A upon completion of each additional year of service in the Committee's employ. The Superintendent may, for just cause, withhold such step progression for any teacher not on the maximum step of his/her respective scale. The Superintendent may also, for just cause, withhold all or part of any salary increase for a teacher on such maximum step, provided that such withholding does not reduce the teacher's salary below that specified on Step 9 of Schedule A. A deficiency judged serious enough to be cause for withholding salary as outlined in this paragraph shall be reviewed with the teacher in question by both the Principal and the Superintendent or his/her designee. After comprehensive review of this deficiency, the teacher shall be given a reasonable length of time to correct the deficiency. A second review shall be made following the expiration of the correction period.
8.6 A teacher's annual salary (the sum of the applicable amounts on Schedule A and Schedule B) for each year of this Agreement shall be deemed to have been earned pro rata according to the number of school days completed. Such salary shall be paid in twenty-six (26) installments (every other week on Thursdays or, if such dates fall on holidays or vacations on the last preceding working day). If a teacher so requests in writing by August 1, such salary shall be paid beginning the next September 1 in twenty-two (22) installments for ten (10) months; and such salary shall continue to be so paid unless the teacher requests in writing to change to the twenty-six (26) installment option. A teachers earned and unpaid salary will, if the teacher so requests in writing between April 1 and May 1, be paid in a lump sum payment as the first regular payment in July. The Committee shall notify all bargaining unit members in writing, not later than the final pay period in March that they must apply for the lump sum payment between April 1 and May 1.
8.7 An amount equal to one one-hundred-eighty-third (1/183) of his or her base annual salary shall be deducted from a teacher's pay for each day when he or she is absent, other than on a leave with pay in accordance with the provisions of Articles XI, XII, XIII, XIV, and XV.
8.8 Extra service beyond the school year for teachers (which is defined in Section 24.1) will be compensated at the following rate: $150 per day.
Such rates shall be for a seven-hour day or for any portion thereof. No teacher may be involuntarily required to work beyond the school year for teachers as established in Section 24.1. Only those teachers who volunteer and are deemed necessary for service as determined by the Superintendent shall be called for such duty.
8.9 Teachers who are employed less than full-time shall be paid on a pro rata basis.
8.10 Any and all assigned work performed by bargaining unit members on assigned committees, which requires work outside of the contractually established workday, shall be compensated at the rate of thirty dollars ($30.00) per hour.
8.11 For any task or position for which an employee signs a separate contract, he/she shall be paid via a separate check.
IX. SERVICE COMPENSATION
9.1 Additional compensation shall be granted to full-time teachers who have given continuous, satisfactory service to the Old Rochester Regional Schools according to the following conditions:
Number of completed
Years of such service Stipend
10 $ 600
30 or more 1,200
The amounts so indicated shall not be cumulative.
9.2 A teacher who is appointed less than full-time shall receive the applicable amount set forth in Section 9.1 above on a pro rata basis; provided, however, that if a teacher has been continuously employed since August 31, 1985 has been employed on a full-time basis on such date, and is thereafter involuntarily reduced to less than full-time status, such teacher shall continue to receive the amount applicable to a full-time teacher for three (3) years following such involuntary reduction.
X. TUITION REIMBURSEMENT
10.1 (a) Effective July 1, 2005, any full-time teacher shall be eligible for reimbursement for course tuition and college fee costs, but not costs for books, of up to $1,000 per year provided as follows:
The teacher must obtain 3 or more credits in academic study under the following guidelines: (1) the course must be in a discipline set forth in Section 18.3 (c) or in Computer Science or in a Master of Education Program; (ii) the course must be approved in advance by the Superintendent or his/her designee; (iii) the teacher must achieve a grade of 80% or B-or equivalent in such course; (iv) acceptable college credits submitted by teachers to satisfy this requirement must be at institutions accredited by the National Council of Teacher Education or one of the six recognized accrediting agencies, or both; and (v) the maximum amount available under this Section shall not exceed $20,000.
(b) For a teacher who is appointed less than full-time, tuition reimbursement shall be available subject to the terms of Section 10.2(a) above, except that the $1,000 maximum set forth therein shall be determined on a pro rata basis; provided, however, that if a teacher who has been continuously employed since August 31, 1985 had been employed on a full-time basis on such date, and is thereafter involuntarily reduced to less than full-time status, such teacher shall continue to be eligible for tuition reimbursement as though employed on a full-time basis for three (3) years following such involuntary reduction.
(c) A teacher may not receive tuition reimbursement for any course or credits applied towards Steps 11 and 12 under Article VIII.
XI. SICK LEAVE
11.1 (a) Sick leave under this Article XI may only be used when a teacher is prevented from working by his or her personal illness, injury or disability, and violations of this provision may be subject to disciplinary action. Full-time teachers shall be granted fifteen (15) days sick leave annually, cumulative to a total of 220 days. Such teachers in their first year shall be advanced fifteen (15) days at the beginning of the year with the understanding that he/she terminate his/her employment before the end of the year, he/she will be granted sick leave at the rate of 1.5 days per month and any time taken in excess of this rate will be withheld from his/her final check. Bargaining unit members may use up to 5 days per year of their available sick leave for the purpose of illness in their immediate family. For purposes of this Section, immediate family shall mean the members spouse, parent or child, the parent or child of the members spouse, or any member of the teachers household.
(b) As set forth in §11.1(a) above, teachers shall receive sick leave at the rate of 15 days per year to a maximum of 220 days. Upon achieving maximum accumulation, bargaining unit members shall continue to be provided with 15 days each year, so that they begin each year with 235 days. However, only 220 days can be carried forward to the following year.
11.2 Teachers who are absent for sick leave for five or more consecutive days shall present evidence satisfactory to the Superintendent setting forth the nature of the illness or injury, the number of days recommended for recuperation and such other pertinent information as may be required by the Superintendent. It is understood that, in requiring such evidence, the Superintendent shall not act in an arbitrary and capricious fashion.
11.3 When a teacher is absent for illness after sick leave (personal and/or bank) has been exhausted, the amount to be deducted from his/her pay shall be 1/183 of the annual salary for each day of absence.
11.4 In the event of extended illness of a teacher, an additional source of aid shall be provided by means of a sick leave bank to provide additional days beyond accumulated sick leave benefits. The sick leave bank shall be administered in accordance with this Article and with the following provisions:
(a) The sick leave bank shall acquire its assets from those persons covered in this Agreement by the voluntary donation of no more than five (5) sick leave days in any one year from their entitlement of already accumulated sick leave. At the beginning of each school year, one (1) such day will be deducted; thereafter during the school year, additional days, up to a total of five (5), may be deducted in one (1) day increments each time the Bank becomes depleted. Once a teacher has volunteered the first such day for a school year, said teacher is committed to the five (5) day donation for that school year, should such donation be necessary. All sick leave donations to the sick leave bank shall become the property of the bank and shall remain therein from year to year to be used when an eligible member makes application to the bank for benefits.
(b) The policy governing operation of the sick leave bank and awarding of extended sick leave days from the bank will be determined by a Joint Committee, which shall be composed of three (3) members appointed by the Committee and three (3) members appointed by the Association. The Joint Committee shall formulate such policy consistent with the following principles:
(1) In order to be eligible to be awarded any sick leave days from the bank, a participating teacher must have completed two (2) years of continuous employment in the employ of the Committee.
(2) In order to be eligible to be awarded any sick leave days from the bank, a participating teacher must have exhausted all of his or her accrued sick leave days, including such days accumulated and carried over from previous years.
(3) The maximum number of workdays for which a participating teacher who is disabled from working due to extended illness is eligible to be awarded sick leave days from the bank shall be determined as follows:
Number of teacher's accrued Maximum number of workdays
sick leave days as of for which teacher is eligible
September 1 of school to be awarded sick leave
year in which the disability days from bank
0 - 30 5
31 - 45 10
46 - 60 15
61 or more (No maximum -- to be determined on
When circumstances so warrant, the Joint Committee may exceed the above maximums; any such action by the Joint Committee shall not be subject to grievance and arbitration.
(4) In deciding whether to award sick leave days from the bank, the Joint Committee may require such medical evidence as it deems satisfactory, and during a teacher's continued absence, may require such further medical evidence as it may from time to time deem appropriate. A vote of not less than four (4) members of the Joint Committee shall be required in order to grant sick leave days from the bank.
11.5 If a teacher has perfect attendance for the first ninety-one (91) days of the school year, he/she shall receive one full days pay. If a teacher has perfect attendance for the second ninety-one (91) days of the school year, he/she shall receive one full days pay. Payment shall be made in the next pay period immediately following earning such payment, or as soon as practicable thereafter.
11.6 Each teacher who has achieved professional status in the Old Rochester Regional School District and (i) who is retired by the Massachusetts Retirement Board or (ii) who has been in the continuous employ of the Committee for at least ten (10) years and who resigns in good standing from the employ of the Committee shall receive in one lump sum a full day's pay for each five (5) days of accumulated sick leave over one hundred twenty (120), up to the total accumulation of two hundred twenty (220).
Upon achieving eligibility for the benefit provided by this Section, a bargaining unit member may, at any time during his subsequent career at Old Rochester, opt to receive the benefit to which he is entitled under this section, at the time of his option, divided over the following three (3) consecutive school years in the form of increased service compensation payments pursuant to Article IX of this Agreement. Such option shall be irrevocable except for unforeseen and/or extraordinary circumstances which shall include but not be limited to the long term illness of the bargaining unit member. Should a bargaining unit member elect this option at a time in his career at Old Rochester which would allow him to rebuild his available number of sick leave buy back days, he would be eligible to buy back such rebuilt benefit at the time of his termination. Notwithstanding the provisions of the previous sentence, no bargaining unit member shall ever be able to elect the option or buy back more than the combined equivalent of 100 days. For purposes of sick leave usage, a bargaining unit member who elects the option at a time not attendant to his/her retirement, shall upon election of said option have all of his/her then accumulated sick leave reduced to zero (0) and the option shall be paid. Sick leave shall begin to reaccumulate for such bargaining unit members from zero (0) and shall be accumulative to a total of the difference between that which was bought back and paid as service compensation and the total allowable accumulation. Written notice must be given to the Superintendent or her/his designee by January 1 for this provision to go into effect for a particular teacher on the following September 1.
11.7 A teacher who is unable to work because of an occupational injury which is caused by an accident or an assault incurred in the course of his/her employment by the Committee and which is compensable under the provisions of the Massachusetts Workmen's Compensation Act, shall be paid the difference between his/her current salary (i.e., the sum of the applicable amounts on Schedule A and Schedule B) and the amount he/she receives as Workmen's Compensation.
11.8 Teachers who are appointed less than full-time and who are scheduled to work five (5) days per week shall be granted fifteen (15) days of sick leave annually, with payment for each such day on a pro rata basis. Such teachers who are scheduled to work fewer than five (5) days per week shall be granted a prorated portion of such fifteen (15) days, with payment for each such day on a pro rata basis if the teacher is scheduled to work less than a full workday. In other respects, such teacher shall receive the other benefits set forth in this Article XI on a pro rata basis, and the other conditions described herein shall continue to be applicable.
XII. MATERNITY LEAVE
12.1 (a) A teacher requesting a maternity leave shall indicate in her request to the Superintendent the total length of leave desired including disability sick leave and extended unpaid leave. A teacher may request only disability leave or a combination of disability and extended unpaid leave, but the total maternity leave shall not exceed two (2) school years. A teacher requesting maternity leave shall give two (2) weeks notice prior to the commencement of the leave, except in cases of premature delivery, of her anticipated date of departure and intention to return.
(b). The teacher who desires to return to work at the end of her disability period may then return to work. A teacher who intends to take extended unpaid leave immediately following the disability leave may with the approval of the Superintendent take such leave for the balance of the school year and, if the teacher so requests and the Superintendent approves, for the next following school year. The teacher may elect to return prior to the end of the school year with the approval of the Superintendent.
(c) During the disability period a teacher may apply her accumulated sick leave to her disability resulting from her pregnancy, childbirth and recovery from childbirth.
(d) A teacher not otherwise covered by the above sections of this Article shall be entitled to parental leave under the same terms and conditions as set forth above except that the teacher shall not be eligible for sick leave.
(e) In the event that the reason for maternity leave or parental leave be no longer operative, then such teacher may return to work.
(f) All benefits to which a teacher was entitled at the time his/her leave commenced minus any sick leave used will be restored upon return and the teacher will be assigned to the same or similar position held at the time the leave commenced. A teacher returning from leave under this Article will be placed on the next step of the salary schedule if she/he had been in a pay status in the Old Rochester School District for more than seventy-five (75) work days in the year during which the leave commenced.
(g) A teacher on leave pursuant to this Article must give written notice to the Superintendent by March 1 of the school year in which the leave is taken or by March 1 of the subsequent school year, if applicable, of said teachers intention to return the next following September.
(h) In accordance with the school districts policy complying with the Family Medical Leave Act of 1990 (FMLA), FMLA runs concurrently with the guidelines outlined in this Maternity Leave Article. From an operational standpoint, FMLA and the provisions of this Article work as follows:
(i) FMLA begins when an employees maternity leave commences. From this date, over the next eight (8) week period the employee is allowed to use up to forty sick days of leave, dependent on the actual number of work days occurring within the eight week span. At completion of the eight week, the employee is allowed unpaid FMLA leave for an additional four (4) weeks. During this entire twelve (12) week period, the employer will continue to contribute its share for any applicable benefit costs.
(j) At the expiration of the twelve week period, should the employee go onto extended leave this leave will be unpaid and the employee will be responsible for one hundred percent (100%) of the cost of their benefits. Unless said employee continues to be disabled due to childbearing/birth and thereby eligible to continue to use sick leave benefits, either accumulated or provided by the Sick Leave Bank, or be placed on a Medical Leave of Absence.
(k) Should the employees maternity leave need to begin earlier than anticipated by the FMLA awarded leave and payment period will commence with the very first work day of leave, thereby beginning the twelve week coverage period and the twelve month FMLA period as stipulated by law.
12.2 A teacher who adopts a child under five years of age or a seriously handicapped child or a non-English speaking child shall be eligible for extended leave without pay or fringe benefits or accrual of benefits from the date of the arrival of the child in the home to the September 1 following such arrival (or to such later date as may be approved by the Superintendent), provided that the teacher shall provide at least a thirty (30) day written notice prior to the commencement of the leave and further provided that the teacher is the only parent primary care provider available during the workday.
XIII. BEREAVEMENT LEAVE
13.1 Upon written notification, a full-time teacher may be granted up to five (5) days' leave of absence without loss of pay for death in the immediate family. The number of days to be granted shall be at the discretion of the Superintendent. Upon written request to the Superintendent, teachers may be granted leave in excess of five (5) days, without loss of pay for bereavement purposes.
13.2 Teachers who are appointed less than full-time and who are scheduled to work five (5) days per week shall be granted bereavement leave as stated in Section 13.1, with payment for each day's leave on a pro rata basis. Such teachers who are scheduled to work fewer than five (5) days per week shall be granted as bereavement leave the number of regularly scheduled workdays that fall within one (1) calendar week, with payment for each day's leave on a pro rata basis if the teacher is scheduled to work less than a full workday. The other considerations set forth in Section 13.1 shall continue to be applicable.
13.3 The "immediate family" is defined to include the mother, father, husband, wife, son, daughter, sister, brother, aunt, uncle and grandparents of the teacher or his/her spouse, or a member of the teacher's immediate household.
XIV. PERSONAL LEAVE
14.1 (a) Upon prior written request for a reason set forth below, a full-time teacher (i) shall be granted leave without loss of pay for up to two (2) days per school year for serious illness in the immediate family, observance of religious high holy days of the teacher's religion, court business, or other obligations that cannot be carried on at any other time; (ii) may be granted up to (2) additional days per school year for serious illness in the immediate family, provided that any such days taken by a teacher shall be subtracted from her or his sick day allowance; and (iii) may be granted one (1) additional day per school year for observance of a religious high holy day of the teacher's religion. Teachers should make every reasonable attempt to minimize the amount of time taken. It is understood that such leave may not be used as a holiday or vacation time. Violation of this paragraph will be subject to disciplinary action.
(b) Teachers who are appointed less than full-time and who are scheduled to work five (5) days per week are eligible for personal leave as stated in Section 14.1(a), with payment for each day of leave on a pro rata basis. For such teachers who are scheduled to work fewer than five (5) days per week, the figures in subparts (i), (ii) and (iii) of Section 14.1(a) shall be one (1) day, one (1) day and one (1) day, respectively, with payment for each such day on a pro rata basis if the teacher is scheduled to work less than a full workday. The additional considerations set forth in this Article XIV shall be applicable.
14.2 The "immediate family" is defined to include the mother, father, husband, wife, son, daughter, brother, sister, and grandparents of the teacher or his/her spouse.
14.3 Personal leave days under Section 14.1 shall not be cumulative. In any academic year when a full-time teacher does not utilize either of the two (2) days provided in §14.1 (a) above, then at the end of such year, two (2) days shall be added to the teachers sick leave accumulation under Article XI. If a full-time teacher uses only one (1) of the days provided in §14.1 (a) above, the unused days shall be rolled over into the following school year for use during that year. A full-time teacher who has not used either of the two days provided in §14.1(a) above, and who otherwise would have such days added to his sick leave accumulation under Article XI may opt to relinquish one such day and have the other rolled over into the following school year for use during that year. Part-time teachers may opt to have their one (1) unused day applied to their sick leave accumulation or rolled over into the following year for use during that year. At no time shall a bargaining unit member have more than three (3) accumulated personal days.
14.4 A bargaining unit member may be granted, upon request to the Superintendent, a leave of absence for up to one (1) year for personal reasons. The bargaining unit member shall provide the Superintendent with reasonable notice of such request.
XV. SABBATICAL LEAVE
15.1 The purpose of the Sabbatical Leave policy is threefold:
(a) Recognition of professional excellence as a teacher.
(b) Encouragement of professional growth for teachers.
(c) Improvement of the Old Rochester Regional High Schools.
15.2 Any teacher who has served continuously in the employ of the Committee for a period of at least seven (7) years may be granted Sabbatical Leave for study and research by the Superintendent. Such leave may encompass all or part of one regular school year, or may be granted for summer study for four (4) years. The applicant must provide with his/her written request for such leave a plan which will include a complete statement of aims and objectives and the procedure whereby these aims and objectives are to be achieved.
15.3 A teacher on a school year Sabbatical Leave shall receive a salary equal to one-half of the salary to which he/she would have been entitled had he/she remained in the school system for the period of the leave. A teacher on summer Sabbatical Leave shall receive a salary equal to one-eighth of his/her current salary for each summer of study. Salary will be interpreted to mean the basic salary excluding supplemental payments for special assignments.
15.4 Preliminary requests for leave of absence shall be made in writing to the Superintendent as early as possible and in any event no later than February 1 of the school year prior to the school year for which the leave is requested. Final determination of the request for a leave of absence on the part of the teacher and the Superintendent shall be made no later than April 30 of the school year prior to the school year for which the leave of absence is requested.
15.5 Before beginning the Sabbatical Leave, the teacher shall agree in writing to the Superintendent that, upon termination of such leave, he/she will return to service in the employ of the Committee for a period of at least two years, and that in default of completing such service he/she will refund to the Committee an amount equal to such proportion of salary received by him/her on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered.
15.6 A teacher returning from Sabbatical Leave shall be placed on the step of the salary schedule he/she would have attained had he/she remained in the employ of the Committee.
15.7 If possible, on return to the employ of the Committee, a teacher will be assigned to the position that he/she held before leaving the school. Otherwise, an assignment will be made which is acceptable to both parties.
15.8 No more than two school year leaves and one summer leave per year shall be granted under the provisions herewith listed and Section 41A of Chapter 71, General Laws.
15.9 The Superintendent shall grant or deny requests for sabbatical leaves of absence as he/she, in his/her sole discretion, deems appropriate. The procedural aspects only of this Article XV shall be subject to the grievance and arbitration provisions of Article VI and VII.
16.1 Group Blue Cross-Blue Shield or Health Maintenance Organizations (HMO) and Life Insurance in the amount of $10,000 shall be made available to teachers on an optional basis. Teachers may purchase additional life insurance, at their own expense, up to the maximum permitted by the plan to which the Committee subscribes.
16.2 In accordance with the applicable provisions of Chapter 32B of the General Laws, health insurance benefits under this Section shall be provided to (a) full-time teachers; (b) part-time teachers appointed on a half-time (i.e., 0.5 or 50% full-time equivalency) or greater basis; (c) teachers retired from the School District in accordance with the requirements of the state Teachers' Retirement Board. For full-time and eligible part-time teachers each teacher shall pay 18% of the premium and the Committee shall pay the remaining 82% during the 2008-2009 school year; during the 2009-2010 school year and thereafter each teacher shall pay 20% of the premium and the Committee shall pay the remaining 80%. For retired teachers, the Committee shall pay 50% of the premium and the retired teacher shall pay 50% of the premium. Health insurance coverage (whether on a family or individual basis) shall be made available to a retired teacher until health insurance coverage becomes available to that teacher (or his or her spouse) under Social Security or Medicare, in which event the applicable Social Security or Medicare provisions shall be followed. (A "retired teacher" within the meaning of this Section 16.2 shall mean a teacher who has retired from the employ of the School District in accordance with the requirements of the Massachusetts Teachers' Retirement Board; at the time of his/her retirement is, and for at least one year has been, a participant in the Committee's group health insurance program; and has remained a participant in such program continuously after his/her retirement.)
16.3 The Committee agrees to deduct premium payment from the paychecks of employees who participate in a group dental plan offered by the Committee. The premium cost for such dental plan shall be borne by the employee participants.
XVII. PROFESSIONAL DAYS
The Superintendent agrees to continue past practice with respect to granting professional days for the purpose of visiting other schools or attending meetings or conferences of an educational nature. Reports on the value gained from such days are encouraged.
XVIII. REDUCTION IN FORCE AND RECALL
18.1 In the event that it becomes necessary for the Superintendent to lay off one or more employees in the bargaining unit because of financial limitations, reasons of efficiency and economy, decrease in pupil enrollment, changes in curriculum or other similar reasons, the layoff and/or recall of such employee(s) shall be governed by the procedures set forth in this Article. Within the disciplines set forth in Section 18.3(c) below, all teachers without professional status shall be reduced or released first. Section 18.2 below shall apply to teachers with professional status only, and Sections 18.3 and 18.4 below shall apply to all teachers.
18.2 (a) In the event of a layoff, teachers with professional status currently teaching within an affected discipline shall be reduced or released within such discipline in the inverse order of their relative lengths of continuous service in the employ of the Committee. Within thirty (30) days after the execution of this Agreement and again after the beginning of each school year thereafter, the Superintendent shall provide to the Association a listing of all teachers with professional status by discipline, in order of their lengths of service.
(b) A teacher who is reached for reduction or release from a discipline may, if such teacher has greater length of service, displace the teacher with the shortest length of service in another discipline in which the displacing teacher is certified and has had successful teaching experience in the employ of the Committee. For purposes of the preceding sentence, teachers in the employ of the Committee who are certified by virtue of the "grandfather clause" will, to the extent permitted by law, be considered certified in the subject areas in which they have taught while in the employ of the Committee.
(c) The effective date of the reduction or release shall be the last day worked by the teacher. In cases where the last day worked is the last day of the school year for teachers, such effective date shall be the day before the first day of the next school year for teachers.
18.3 The terms "length of service", "recall", and "discipline" used in this Article shall mean as follows:
(a) "Length of service" means a teacher's length of uninterrupted service in a bargaining unit position in years, months, and calendar days in the employ of the Committee. Leaves of absence shall not be considered breaks in service; however, only leaves of absence for which salary credit is granted shall be counted as years, months, and calendar days for purposes of this definition. Teachers within a particular discipline who are tied in length of service shall be ranked in order of their relative levels of educational attainment as recognized in this Agreement and, if still tied, shall be ranked in order of length of teaching experience in other school systems. Remaining ties in length of service shall be resolved be lot.
(b) "Recall means the right: (1) to return to a position in the discipline from which a teacher was originally reduced or released in the reverse order in which said teacher was reduced or released, or (2) to fill a position in another discipline for which the teacher is eligible for recall pursuant to Section 18.4 below. An up-to-date list of recall order by discipline shall be maintained by the Superintendent and shall be available to the Association upon request.
(c) "Discipline" means one of the following:
Social Studies Science
Foreign Languages Art
Music Technology Education
Family & Consumer Science Guidance
Physical Education Special Needs,
Business by area of certification
18.4 (a) A teacher who is reduced or released pursuant to Section 18.2 shall have recall rights pursuant to this Section 18.4 for twenty-eight (28) months following the effective date of the reduction or release. During the recall period, teachers shall be considered to be on involuntary leave of absence without pay and shall be entitled to participate in any group health and/or life insurance programs available to any teacher on leave of absence without pay, provided that the teacher pays the entire cost of insurance premiums within 30 days of the billing date as issued by the District Treasurer and further provided that such participation is permitted under the terms of such programs. Teachers, during the period in which they retain recall rights, shall also be given first priority in filling substitute teaching vacancies in the academic subject area(s) in which they are certified or have taught.
(b) If, subsequent to a reduction in force, a vacancy occurs in a discipline from which a teacher has been reduced or released a recall notice shall be sent via certified mail to the teacher most recently reduced or released from the discipline in which the vacancy exists; simultaneous notifications may be made to two or more such teachers. Teachers with recall rights are required to keep the Superintendent and the Association informed of their current mailing address. If there are no teachers in said discipline eligible for recall or if all such teachers have been offered recall and there is still a vacancy, a recall notice shall be sent via certified mail to the teacher from another discipline with the greatest length of service who has recall rights and who is qualified by certification to fill the vacancy; simultaneously notifications may be made to two or more such teachers. If a teacher fails to notify the Superintendent within fourteen (14) calendar days of the date of the recall notification letter of his/her intent to accept recall (or, in the cases of teachers to whom simultaneous notifications are sent, to agree subject to the decisions of other teachers with higher priorities), said teacher shall forfeit all rights and benefits provided for in this Agreement. Notwithstanding the preceding sentence, a teacher's failure to accept recall to a bargaining unit position which does not provide hours of employment equivalent to those previously held will not cause the teacher to be dropped from the recall list.
(c) A teacher who accepts recall must commence work on the date set forth in the recall notice, unless prevented from doing so by illness, injury or disability from which the teacher is expected to return to work. A teacher who accepts recall shall have restored upon recall all benefits accrued up to June 30 of the school year in which the RIF notice was given (provided that the teacher commences employment in good health). Teachers who are reduced or released pursuant to this Article during the school year and who are subsequently recalled pursuant to this Section 18.4 shall, upon commencing employment after recall, be placed on the next higher step of the applicable salary scale providing that they had taught at least ninety-two (92) days during the year or layoff.
(d) Teachers filling temporary vacancies at the time of issuance of the RIF notice shall have no recall rights pursuant to this Section 18.4. A teacher on leave of absence pursuant to other Articles of this Agreement shall be considered as if he or she were on active duty for purposes of this Article.
XIX. INVOLUNTARY TRANSFERS
19.1 When involuntary teaching transfers are necessary, careful consideration will be given to such attributes as area of competence, major and/or minor field of study, quality of teaching performance and length of service in the employ of the Committee in determining which teacher is transferred. Before the teacher is transferred, the Principal of the school to which the assignment is to be made will be consulted regarding the assignment. An involuntary transfer shall be made only after a meeting between the teacher involved and the Superintendent, or his/her designee, at which time the teacher shall be notified of the reasons for his/her transfer. No transfer will result in the reduction in teaching pay, teaching professional status or step, nor increase in workloads beyond the provisions of the Contract in effect at the time of transfer. A notice of transfer will be given to the teachers as soon as practicable and normally not later than June 1.
19.2 When transfers are necessary, qualified volunteers will be transferred first.
19.3 Those being involuntarily transferred or reassigned shall have preference in filling vacancies for which they are qualified over those seeking voluntary transfers.
19.4 If more than one teacher being involuntarily transferred or reassigned applies for the same vacancy, the most senior qualified teacher as defined in this Agreement shall be appointed.
19.5 Except as hereinbefore specifically provided in making transfer assignments, the Superintendent agrees to give due weight to the professional background and attainments of all applicants and their seniority as defined in this Agreement.
19.6 No teacher shall be involuntarily assigned or transferred to teach outside the area of his/her certification and major or minor field of study for more than one (1) period per day without his or her consent.
19.7 No teacher shall be involuntarily transferred or assigned for disciplinary reasons.
19.8 Posted qualifications for vacancies and criteria for selection shall be adhered to by the Superintendent.
20.1 Vacancies are defined as vacant full and part-time professional positions in the employ of the Committee.
20.2 Notice of all vacancies shall be posted in each school, clearly setting forth the qualifications for the position, duties, and salary ranges. Such qualifications, duties, and salary ranges shall not be changed after having been posted, without prior notice to the Association, nor shall they be written in such a manner as to favor a particular candidate. When school is in session, such notice shall be posted at least fourteen (14) calendar days before the date when applications must be submitted. Teachers who desire to apply for such vacancies shall submit their applications in writing to the Superintendent or his/her designee within the time limit specified in the notice. In filling such vacancies, the Superintendent agrees to give due weight to the professional background and attainment of all applicants and their seniority as defined in this Agreement. Every consideration will be given qualified applicants who are in the employ of the Committee unless, in the judgment of the Superintendent, an outside applicant is clearly better qualified.
20.3 Notification of any vacancies which occur during the summer vacation period shall be forwarded to the President of the Association at least fourteen (14) calendar days prior to the final date of application.
20.4 All appointments will be made without regard to race, religion, national origin, sex, or marital status.
XXI. TEACHER EVALUATION
21.1 Teacher evaluation is a continuing process conducted on both a formal and an informal basis. Teachers will be given a copy of any evaluation report prepared by their Superiors, and will have the right to discuss such reports with their Superiors. A teacher will have the right to write a rebuttal to any evaluation report and to have said rebuttal permanently attached to the original of said report. The teacher will indicate that he/she has seen and received a copy of said evaluation report by affixing his/her signature to the original copy. The signature shall in no way indicate agreement with the contents of the evaluation report, but rather serve as evidence that the teacher has seen the report and been given a copy thereof.
21.2 A teacher may, upon request and by appointment, review and copy the contents of his/her personnel file, except that all confidential references supplied by persons not employed by the Committee will be removed.
21.3 Under normal circumstances, formal evaluation reviews and counseling type evaluations shall be conducted on a one-to-one basis by those directly involved in the evaluation. If more than one Administrator is present, the teacher may have another teacher of his/her choice in attendance.
21.4 The Association recognizes the authority and responsibility of the Superintendent, the Assistant Superintendent, the Principals, and other agents of the Committee for maintaining high quality professional performance by the teachers, including therein the authority and responsibility for disciplining or reprimanding teachers for delinquency in professional performance. If a member of the Administration requires a teacher to meet with him or her in a scheduled meeting for the imposition of disciplinary action, such teacher shall be entitled to have a representative of the Association present. This entitlement shall not delay the orderly administration of such disciplinary sanction.
21.5 Any complaint about a teacher resulting in an adverse entry in the teacher's personnel file shall be called promptly to the attention of the teacher. The teacher will acknowledge having had the opportunity to review such material by signing the copy to be filed; such signature, however, shall not be deemed to indicate agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent, Assistant Superintendent, or Principal and attached to the file copy. No derogatory information relating to a teacher's conduct, service, character or personality will be placed in such teacher's personnel file unless there is a reason for doing so which is not arbitrary and capricious. The preceding sentence shall not apply to teacher evaluations.
21.6 In addition to the provisions of Section 21.5, no teacher will be formally disciplined (including, but not limited to, being suspended without pay or being given written warning), or reduced in rank or compensation, without just cause. It is agreed, however, that the nonrenewal of a teacher without professional status' appointment is excluded from coverage under this provision.
XXII. TRAVEL REIMBURSEMENT
A teacher who is required, for the benefit of the School System and with prior approval, to use her or his automobile to travel in the course of her or his employment shall be reimbursed at the IRS rate per mile, together with full reimbursement for all reasonable expenses incurred in the course of such travel. Excluded from such reimbursement is any travel between or among a teacher's residence, the Regional High School, the Regional Junior High School, and/or any of the schools of Marion, Rochester, and Mattapoisett.
XXIII. INSERVICE STUDY CREDIT
The Association and the Committee may establish courses of forty (40) hours duration for three (3) semester hours of academic credit. Approval of such courses will be deemed to satisfy three (3) semester hours of credit for movement from one level of preparation to another level of preparation provided the following conditions are met:
(a) No more than six (6) semester hours of such credit may be counted toward each movement from one preparation level to another.
(b) Participants in the study must be present a minimum of eighty percent (80%) of the time and must successfully complete the course.
(c) Credit for the study shall not be granted unless the requirements are completed on or before September 1 of a given year.
(d) No more than three (3) credits can be earned in this manner in a given year.
(e) All courses shall be funded by the Committee up to a maximum of $2,500 per course, and the remainder (if any) shall be funded on a tuition basis.
(f) Facilities will be provided by the Committee.
(g) All study will be conducted on a graduate level or equivalent.
(h) Credits earned pursuant to this Article may be counted toward movement from one preparation level to another, but may not be counted for supermaximum or tuition reimbursement purposes under Article X.
XXIV. SCHOOL YEAR AND TEACHER HOURS AND LOAD
24.1 The school year for teachers shall be three days more than the 180 days students are required to be in attendance, or 183 days.
24.2 For as long as the Committee maintains the block schedule currently in effect at the high school, academic teachers may not be assigned to more than 20 teaching blocks in an 8-day cycle, and specialist teachers may not be assigned to more than 24 teaching blocks in an 8-day cycle. During each 8-day cycle, all teachers shall be assigned at least 8 blocks for the purpose of preparation (at least one (1) per day) during which they will not be assigned any other duties, except lunch duty, which may be assigned an average of 22 minutes per 8-day cycle for the year or 44 minutes per cycle for one semester. Teachers may also be assigned up to 4 blocks of duty in an 8-day cycle.
In the event that the Committee alters the structure of the educational program, the Committee will bargain with the Association, to the extent required by Mass. General Laws, Chapter 150E, concerning the effect of such restructuring upon teacher work loads or other mandatory subjects of bargaining.
The Old Rochester Regional Junior High School operates on a six day rotating schedule with each day divided into eight teaching modules. Academic subjects are currently taught in a single module, while special area subjects (Art, Music, Family and Consumer Science, Technology Education, Physical Education and Health) are taught in a block of two modules.
The following teacher work load maximums are established under the premise that the numbers listed herein reflect the number of students for which an educator has assessment responsibility at any given time.
Discipline Teacher Work Loads (Maximum)
Junior High School Senior High School Blocks
6-day cycle 8-day cycle Senior HS
English 135 135 20
Mathematics 135 135 20
Social Studies 135 135 20
Science 135 135 20
World Language 170 135 20
Music: Instrumental 110 85 24
Chorus 95 75
General Music 135 95
Art 524 280 24
(262 per semester) (140 per semester)
Family & Consumer Science 524 280 24
(262 per semester) (140 per semester)
Tech. Education 524 280 24
(262 per semester) (140 per semester)
Physical Education 524 800 24
(262 per semester) (400 per semester)
276 - 550 2 counselors
551 - 825 3 counselors
High School Physical Education. Whenever the size of a high school physical education class exceeds the teacher-student ratio of 1-35, the district will make every effort to add an assistant or a teacher to help supervise the section.
Junior High School Chorus. Whenever the size of the junior high school chorus class or rehearsal exceeds a teacher-student ratio of 1-90, the district will make every effort to assign an assistant to help supervise the chorus..
24.3 If the Committee maintains the eight (8) period day currently in effect at the Junior High School, teachers will be expected to teach up to and including thirty (30) periods per week.
24.4 Teacher assignments resulting in teacher work loads less than indicated are to be resolved by the Principal. If endorsed by the Principal, the assignment shall continue in effect for the ensuing term or year, whichever is applicable.
24.5 In the assignment of other duties such as study halls and lunch supervision it shall be the objective of the Administration to make such assignments as will tend to equalize overall teacher work loads.
24.6 The work week at Old Rochester Regional High School shall not exceed 35 hours per week plus at least one one-hour or two half-hour makeup sessions and, when deemed necessary by the Administration, no more than four academic meetings and one staff meeting per month which shall not exceed one (1) hour, if required. Furthermore, it is expected that teachers will be available to fulfill other responsibilities, such as parent-teacher conferences, and the like as long as such requests on their time are kept reasonable.
24.7 Guidance Counselors shall be available evenings and such other times as required. If Guidance Counselors are required to perform duties prior to and after the conclusion of the school year as defined in Section 24.1, counselors will be compensated at the rate of 1/183 of the annual rate per day. Three (3) days prior to the school year and three (3) days after the school year shall be required of the Guidance Counselor; and an additional two (2) days prior to the school year and two (2) days after it may be so required (provided that only those Guidance Counselors deemed necessary for service, as determined by the Superintendent, shall be required for duty for the two (2) days prior to and two (2) days after the conclusion of the school year as defined in Section 24.1). The number of hours per week for Guidance Counselors shall not exceed 36 hours during the normal school year. When performing services as a per diem basis prior to and after the conclusion of the school year as defied in Section 24.1, the number of hours per day shall consist of a minimum of 7-1/4 hours per day.
24.8 Where the Committee employs instructional aides to assist in classroom instruction, such aides shall perform instructional duties under the supervision of a teacher.
24.9 The Committee agrees to make reasonable efforts to hire substitute teachers when teachers are absent.
24.10 Teachers at the Junior High School shall be guaranteed a duty-free lunch period of at least twenty (20) minutes duration per day. Teachers at the High School shall be guaranteed a duty-free lunch per day, equal in length to that of the students.
24.11 Flex Time: The school adjustment counselor, the school psychologist, the speech therapist, and the alternative program teachers at each school may work a flex time schedule. It is understood that a flex time schedule shall not include split shifts and shall be strictly voluntary. A flex time schedule may be worked at the request of administration or at the request of the teacher with the approval of administration.
24.12 Job sharing shall be available to all bargaining unit members. The specifics of the job sharing arrangement shall be determined by the involved bargaining unit members, the Association and the Superintendent and reduced to writing and executed.
24.13 Clerical support for school nurses shall be made available on an as needed basis upon request. Such support shall be provided by those who are appropriately trained in medical confidentiality.
XXV. STUDENT STATUS FOR CHILDREN OF TEACHERS
Up to five (5) children of teachers who are not residents of Marion, Mattapoisett or Rochester may at any one time attend the Old Rochester Regional Junior High School and the Old Rochester Regional High School without payment of the basic tuition fee charged to nonresident students.
When an opening occurs, such children shall be selected on a first-come, first-served basis, with date of postmark on the written request governing. Such children shall not be counted under Section 24.1(a). Teachers shall use any available school choice program prior to seeking attendance under this Article.
XXVI. DEPARTMENT COORDINATORS
26.1 Teachers who are appointed by the Superintendent as Department Coordinators during the period September 1, 2008 to August 31, 2011 shall be subject to the following:
(a) Such teachers shall receive in addition to their base compensation paid pursuant to Article VIII, annual stipends at the rates shown in the following tables:
Department Coordinator Annual Stipend Rate For:
2008-09 2009-10 2010-11
English 3276 3391 3506
Mathematics 3276 3391 3506
Science and Technology 3276 3391 3506
Social Studies 3276 3391 3506
Foreign Language 3276 3391 3506
Unified Arts 3276 3391 3506
Student Services 3276 3391 3506
Physical Education 1783 1845 1908
(b) Department Coordinators shall not be required to be assigned homeroom duty, except for incumbent or new appointees who are advancing along with their grade/class through their homeroom students' senior year.
(c) Department Coordinators shall not be required to be assigned teaching periods per week or supervisory periods per week in excess of the levels set forth in the following tables:
(d) A Joint Committee shall be appointed by the Committee and the Association to develop a mutually acceptable evaluation instrument for Department Coordinators.
Number of teachers (full Department Coordinator
time equivalent) in Teaching Assignments
area(s) for which
Category A: 9 or more One less teaching assignment than the department
Category B: 5 or more The same teaching assignment as the department
but fewer than 9
Category C: fewer than 5 The same teaching assignment as the department
To the extent that a Department Coordinator teaches below his/her maximum weekly teaching level as set forth above, any "unused such periods may be assigned as supervisory periods instead."
XXVII. EXTRACURRICULAR ACTIVITIES AND COMPENSATION
27.1 This Article governs the compensation of teachers who accept appointments by the Superintendent as advisors to extracurricular activities and such compensation for existing activities is set forth in Schedules B, C and D below.
27.2 Senior High School activities such as Literary Magazine, and other activities carry no additional compensation beyond that already paid staff members, except when an activity requires in excess of forty (40) school hours in any one school year. These hours shall be time not covered by the specific hours of the working week described in Section 24.7 of this Agreement. As soon as it becomes apparent that an activity will probably require more than forty (40) hours, the advisor will notify the Principal and they shall determine jointly whether the activity qualifies for payment in the amount of $300 per activity. Total payment for all activities covered under this Section 27.2 shall not exceed $1,500 in any academic year.
27.3 Junior High School activities such as Junior Honor Society, Debate Club, Mathematics Club, Mechanics Club, Outing Club, Homemaking Club, Chess Club, Photography Club, Creative Writing Club, Engineers Club, (WGAS, Video Tape, Stage) carry no additional compensation beyond that already paid staff members, except when an activity requires in excess of twenty (20) school hours in any one school year. These hours shall be time not covered by the specific hours of the working week described in Section 24.7 of this Agreement. As soon as it becomes apparent that an activity will probably require more than twenty (20) hours, the advisor will notify the Principal and they shall determine jointly whether the activity qualifies for payment in the amount of $150 per activity. Total payment for all activities covered under this Section 27.3 shall not exceed $1,500 in any academic year.
27.4 The salaries for activities compensated for pursuant to this Article and Schedules B, C and D (as appropriate) shall be paid at the conclusion of the activities.
XXVIII. COACHES AND COMPENSATION
This Article governs the compensation of teachers who accept appointments by the Superintendent as coaches, and such compensation for existing sports for the period September 1, 2008 through August 31, 2009 is set forth in Schedule E, for September 1, 2009 through August 31, 2010 in Schedule F and September 1, 2010 through August 31, 2011 in Schedule G. Payment will be in two equal installments and will be made during the season for a particular sport. The step on which individual coaches will be placed will be determined according to the number of years of experience the individual has in the particular sport. No experience Step II; one year experience Step II; tow or more years experience Step III. Coaches shall be evaluated seasonally by the Athletic Director. All coaches must pass the state and national coaches certification tests and be certified in CPR.
XXIX. EFFECT OF AGREEMENT
29.1 This Agreement constitutes the entire agreement between the Committee and the Association arrived at as the result of collective bargaining negotiations, except such amendments hereto as shall be reduced to writing and signed by both parties.
29.2 Failure by the Association and/or the Committee in one or more instances to enforce any provision or provisions of this Agreement shall not be construed as a waiver of said provision(s).
XXX. PRECEDENCE OF LAWS AND REGULATIONS
In administering all matters covered by this Agreement, the Committee and the Association are governed by the provisions of this Agreement and any existing or future laws and regulations and amendments thereto which may be applicable and this Agreement shall at all times be applied in accordance with and subject to such laws and regulations. Should any provision of this Agreement be deemed to conflict with any such laws or regulations, it may become the subject matter of discussion by the parties hereto for the purpose of attempting to negotiate substitute provision in compliance with the requirements of such law or regulations. Should any provision of this Agreement thus become invalid, the remainder of this Agreement shall remain in full force and effect for its duration.
The provisions of this Agreement will be effective as of September 1, 2008, and will continue and remain in full effect through August 31, 2011, and shall be automatically renewed from year to year unless by November 1, 2010 or November 1 in any successive year, either party notifies the other in writing to terminate this Agreement. Negotiations shall commence not later than the first Thursday in December 2010, in the event that such notice is given.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year shown below.
Old Rochester Professional Old Rochester Regional
Educators Association District School Committee
Negotiating Chairperson Secretary
Teacher Salary Schedule
Step B B+15 B+30 M M + 15 M+30 M+45 M+60 Doc
1 41331 43465 45067 46664 48796 49863 51306 52186 53067
2 43691 45825 47427 49024 51156 52224 53666 54547 55429
3 46054 48188 49789 51388 53520 54585 56029 56908 57791
4 48754 50549 52151 53749 55881 56950 58390 59272 60152
5 50770 52903 54506 56102 58235 59302 60745 61626 62505
6 53130 55264 56867 58462 60595 61663 63105 63986 64867
7 55496 57630 59231 60829 62962 64029 65472 66353 67232
8 57848 59982 61583 63181 65313 66379 67823 68704 69584
9 60211 62345 63949 65545 67677 68746 70186 71069 71949
10 62579 64713 66314 67911 70044 71111 72554 73434 74314
11 63429 65563 67164 68761 70894 71961 73404 74284 75164
12 64279 66413 68014 69611 71744 72811 74254 75134 76014
Step B B+15 B+30 M M + 15 M+30 M+45 M+60 Doc
1 42778 44986 46644 48297 50504 51608 53102 54102 54925
2 45220 47429 49087 50740 52947 54052 55545 56456 57369
3 47666 49874 51532 53186 55393 56496 57990 58900 59814
4 50460 52318 53976 55630 57837 58943 60434 61346 62258
5. 52547 54755 56413 58065 60273 61377 62871 63783 64693
6 54990 57198 58857 60508 62716 63821 65314 66226 67137
7 57438 59647 61305 62958 65166 66270 67763 68675 69585
8 59873 62081 63739 65392 67599 68703 70197 71108 72020
9 62319 64528 66187 67839 70046 71152 72643 73556 74467
10 64769 66978 68635 70287 72495 73600 75093 76005 76915
11 65619 67828 69485 71137 73345 74450 75943 76855 77765
12 66469 68678 70335 71987 74195 75300 76793 77705 78615
Step B B+15 B+30 M M + 15 M+30 M+45 M+60 Doc
1 44232 46516 48230 49939 52221 53362 54907 55849 56792
2 46758 49042 50756 52465 54747 55889 57433 58376 59319
3 49286 51570 53284 54994 57276 58417 59961 60903 61847
4 52176 54097 55811 57521 59803 60947 62488 63432 64375
5 54334 56617 58331 60040 62323 63464 65009 65951 66893
6 56860 89142 60858 62566 64849 65991 67535 68477 69420
7 59391 61675 63389 65098 67381 68524 70067 71010 71951
8 61908 64192 65906 67615 69897 71039 72583 73526 74468
9 64437 66721 68437 70146 72428 73571 75113 76057 76999
10 66971 69255 70969 72677 74960 76103 77646 78589 79530
11 67821 70105 71819 73527 75810 76953 78496 79439 80380
12 68871 70955 72669 74377 76660 77803 79346 80289 81230
School Nurses shall be paid according to the Bachelors Degree column of the Teacher Salary Schedule.
Step 11 shall be $850.00 more
than Step 10 and Step 12 shall be $850.00 more than Step 11..
EXTRACURRICULAR ACTIVITIES COMPENSATION (2008-2009)
Senior High School # of People Compensation
Senior 2 or $1,376
Junior 2 or $1,278
Sophomore 1 $ 982
Freshmen 1 $ 982
American Field Service 1 $1,838
Drama Club 1 $2214 + $982 (for drama production)
$982 (for musical production)
(maximum of $4,736)
Choreographer 1 $ 559
Pep Band Director 1 $1,525
Community Service Learning 1 $1,398
Debate 1 $2,163
Math Team 1 $2,163
Musical Conductor 1 $ 786
National Honor Society (including
any time spent on honor bowl) 1 $1,211
Newspaper 1 $1,673
Science Fair 1 $ 679
Student Government 1 $1,694
WORR-TV Club 1 $1,474
Yearbook 1 $2,164
Chess 1 $ 983
Science Fiction Club 1 $ 983
Comptroller 1 $2,164
Rhythm Section Specialist 1 $1,979
Other activities @ $559 for minimum 40 hours - total $2,548
Junior High School
Comptroller 1 $1,259
Drama Club 1 $1,026 production (limit 2)
Student Affairs 1 $ 978
Newspaper 1 $1,443
Yearbook 1 $2,001
Jazz Band 1 $1,457
Other activities @ $281 for
minimum 20 hours - total $2,548
EXTRACURRICULAR ACTIVITIES COMPENSATION (2009-2010)
Senior High School # of People Compensation
Senior 2 or $1,424 each or
Junior 2 or 1,323 each or
Sophomore 1 $1,016
Freshmen 1 $1,016
American Field Service 1 $1,902
Drama Club 1 $2,291 + $1,016 (for drama production)
$1,016 (for musical production)
(maximum of $4,902)
Choreographer 1 $ 578
Pep Band Director 1 $1,578
Debate 1 $2,239
Math Team 1 $2,239
Musical Conductor 1 $ 813
National Honor Society (including
any time spent on honor bowl) 1 $1,254
Newspaper 1 $1,731
Science Fair 1 $ 703
Student Government 1 $1,753
WORR-TV Club 1 $1,526
Yearbook 1 $2,240
Chess 1 $1,017
Science Fiction Club 1 $1,017
Comptroller 1 $2,240
Rhythm Section Specialist 1 $2,049
Other activities @ $578 for minimum 40 hours - total $2,626
Junior High School
Comptroller 1 $1,303
Drama Club 1 $1,062 production (limit 2)
Student Affairs 1 $1,012
Newspaper 1 $1,494
Yearbook 1 $2,071
Jazz Band 1 $1,508
Other activities @ $291 for minimum 20 hours - total $2,626
EXTRACURRICULAR ACTIVITIES COMPENSATION (2010-2011)
Senior High School # of People Compensation
Senior 2 or $1,473 each or
Junior 2 or $1,368 each or
Sophomore 1 $1,051
Freshmen 1 $1,051
American Field Service 1 $1,967
Drama Club 1 $2,369 + $1,051 (for drama production)
$1,051 (for musical production)
(maximum of $5,069)
Choreographer 1 $ 598
Pep Band Director 1 $1,632
Community Service Learning 1 $1,496
Debate 1 $2,315
Math Team 1 $2,315
Musical Conductor 1 $ 841
National Honor Society (including
any time spent on honor bowl) 1 $1,296
Newspaper 1 $1,790
Science Fair 1 $ 727
Student Government 1 $1,813
WORR-TV Club 1 $1,578
Yearbook 1 $2,316
Chess 1 $1,052
Science Fiction Club 1 $1,052
Comptroller 1 $2,316
Rhythm Section Specialist 1 $2,118
Other activities @ $598 for minimum 40 hours - total $2,707
Junior High School
Comptroller 1 $1,347
Drama Club 1 $1,098 production (limit 2)
Student Affairs 1 $1,046
Newspaper 1 $1,545
Yearbook 1 $2,141
Jazz Band 1 $1,559
Other activities @ $301 for minimum 20 hours - total $2,707
ATHLETIC SALARY SCHEDULE (2008-2009)
Head Coach $5,191 $5,933 $7,466
Backfield Coach $3,343 $3,849 $4,954
Line Coach $3,343 $3,849 $4,954
Freshmen Coach $3,343 $3,849 $4,954
Head Coach $3,874 $4,424 $5,641
JV Coach $2,697 $3,103 $3,856
Freshmen Coach $2,697 $3,103 $3,856
Head Coach $3,428 $3,916 $4,896
JV Coach $2,398 $2,742 $4,324
Soccer, Field Hockey, Volleyball, Baseball, Softball, Track (Spring and Winter)
Head Coach $3,107 $3,589 $4,480
JV Coach $2,165 $2,497 $3,100
Golf, Cross Country, Tennis, Gymnastics
Head Coach $2,390 $2,728 $3,412
Assistant Coach $1,635 $1,866 $2,341
Football $1,428 $1,628 $2,038
Basketball $1,428 $1,628 $2,038
Ice Hockey $1,428 $1,628 $2,038
Intramural Director $1,240 $1,419 $1,773
Dance Team Fall Spring
Dance Team Advisor $ 826 $ 826
Intramurals (1200 hours maximum) $14.89/hour, for 20-hour (minimum) increments
ATHLETIC SALARY SCHEDULE (2009-2010)
Head Coach $5,373 $6,140 $7,727
Backfield Coach $3,460 $3,984 $5,127
Line Coach $3,460 $3,984 $5,127
Freshmen Coach $3,460 $3,984 $5,127
Head Coach $4,010 $4,579 $5,838
JV Coach $2,791 $3,211 $3,991
Freshmen Coach $2,791 $3,211 $3,991
Head Coach $3,548 $4,053 $5,067
JV Coach $2,482 $2,038 $4,476
Soccer, Field Hockey, Volleyball, Baseball, Softball, Track (Spring and Winter)
Head Coach $3,216 $3,715 $4,637
JV Coach $2,241 $2,584 $3,208
Golf, Cross Country, Tennis, Gymnastics
Head Coach $2,474 $2,823 $3,532
Assistant Coach $1,693 $1,931 $2,423
Football $1,478 $1,685 $2,109
Basketball $1,478 $1,685 $2,109
Ice Hockey $1,478 $1,685 $2,109
Intramural Director $1,283 $1,468 $1,835
Dance Team Fall Spring
Dance Team Advisor $ 855 $ 855
Intramurals (1200 hours maximum) $15.41/hour, for 20-hour (minimum) increments
ATHLETIC SALARY SCHEDULE (2010-2011)
I II III
Head Coach $5,556 $6,349 $7,990
Backfield Coach $3,578 $4,119 $5,302
Line Coach $3,578 $4,119 $5,302
Freshmen Coach $3,578 $4,119 $5,302
Head Coach $4,146 $4,735 $6,036
JV Coach $2,886 $3,320 $4,127
Freshmen Coach $2,886 $3,320 $4,127
Head Coach $3,669 $4,191 $5,240
JV Coach $2,567 $2,935 $4,628
Soccer, Field Hockey, Volleyball, Baseball, Softball, Track (Spring and Winter)
Head Coach $3,325 $3,841 $4,794
JV Coach $2,317 $2,672 $3,317
Golf, Cross Country, Tennis, Gymnastics
Head Coach $2,558 $2,919 $3,652
Assistant Coach $1,750 $1,997 $2,505
Football $1,528 $1,743 $2,181
Basketball $1,528 $1,743 $2,181
Ice Hockey $1,528 $1,743 $2,181
Intramural Director $1,327 $1,518 $1,897
Dance Team Fall Spring
Dance Team Advisor $ 884 $ 884
Intramurals (1200 hours maximum) $15.93/hour, for 20-hour (minimum) increments
Memorandum of Understanding Between
THE OLD ROCHESTER PROFESSIONAL EDUCATOR'S ASSOCIATION
THE OLD ROCHESTER REGIONAL DISTRICT SCHOOL COMMITTEE
In order to provide an incentive for retirement for those teachers who so desire, the Association and the School Committee hereby agree upon an early retirement incentive plan ("ERIP") having the following elements:
1. A teacher eligible for the ERIP shall have been continuously employed as a full-time teacher in the employ of the Committee for not less than eleven (11) school years as of June 30, 2009, 2010 or 2011, and be in a full-time paid status for six or more months as of June 30, 2009, 2010, or 2011 or on an approved leave during academic year 2008-2009, 2009-2010 or 2010-20118. Continuous employment pursuant to the preceding sentence shall not be broken by an unpaid leave of absence, but the period(s) of such leave(s) shall not be included in calculating the teacher's length of employment.
2. If a teacher eligible for the ERIP submits irrevocable notice of her or his desire to resign or retire pursuant to the Massachusetts Teachers' Retirement System (M.G.L. c.32), to be effective on June 30, 2009, 2010, or 2011, and so resigns or retires, she or he shall receive severance payments as provided in the following paragraph. Such notice must be submitted to the Superintendent on or before April 30, 2009, 2010 or 2011, in writing on a form provided by the Superintendent, and shall be irrevocable when so submitted. Teachers giving such notice must resign or retire from the Old Rochester Regional School District on June 30, 2009, 2010 or 2011 unless their proposal to resign or retire is not accepted by the School Committee as provided in paragraph 4 below, in which case the notice that the teacher has not been chosen will automatically cause the withdrawal of the resignation/retirement notice.
3. The total payment to be made pursuant to the preceding paragraph will be calculated and paid as follows:
a. A teacher who has completed eleven (11) years in the employ of the Committee will be eligible for $5,000.
Such payments will be reduced by all deductions required by law and any unemployment benefits paid, to be paid, or chargeable to the recipient during the period June 30, 2008, 2009 or 2010 through June 30, 2009, 2010or 2011.
4. In order to qualify for the ERIP, an eligible teacher must submit the notice described in paragraph 2 above to the Superintendent in compliance with the following guidelines. Notices should be hand-delivered to the School Committee secretary so that time and date of submission may be recorded. In the event that one or two eligible teachers give such notice of their desire to resign or retire by April 30, 2009, 2010 or 2011, such teacher(s) shall be selected for resignation or retirement pursuant to the ERIP and will thereby receive the severance pay benefit described above. In the event that there are more than two eligible teachers who so give such notice, two such teachers shall be selected by seniority for the ERIP. In the case of identical seniority, a lottery will be used. The School Committee, within its sole discretion, may decide to select additional teachers for the ERIP, in which event it shall select additional teachers in order of their placement in the aforementioned lottery. The Committee shall notify the teachers who have requested inclusion in the ERIP as to whether they were chosen on or before May 15, 2009, 2010 or 2011.
5. This plan will be for the school years 2008-2009, 2009-2010 and 2010-2011.
OLD ROCHESTER PROFESSIONAL OLD ROCHESTER REGIONAL
EDUCATORS' ASSOCIATION DISTRICT SCHOOL COMMITTEE
With this letter I give notice that I desire to resign or to retire pursuant to the Massachusetts Teachers' Retirement System (M.G.L. c.32), to be effective June 30, ,
contingent on my being chosen for the Early Retirement Incentive Plan detailed in the Memorandum of Understanding between the Old Rochester Regional Professional Educators Association and the Old Rochester Regional District School Committee, a copy of which is attached. I understand that, subject to such contingency, this notice is irrevocable.