Berkley

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DistrictBerkley
Shared Contract District
Org Code270000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersBristol-Plymouth RVTSD
CountyBristol
ESE RegionSoutheast
Urban
Kind of Communitysmall rural communities
Number of Schools2
Enrollment921
Percent Low Income Students9
Grade StartPK or K
Grade End8
download pdf version of this document view accessible version of this document Berkley

AGREEMENT BETWEEN

BERKLEY TEACHERS'

ASSOCIATION

AND

BERKLEY SCHOOL COMMITTEE

SEPTEMBER 1, 2012 - AUGUST 31, 2015

I. Preamble

5

II. Recognition

5

A. Substitutes

5

III. General

6

A. Savings Provision

6

B. School Committee Rules and Regulations

6

C. Waiver of Further Demands

6

D. Superintendent/School Committee Rights

6

E. Superintendent/Agent of Committee

7

F. Requirements of Education Reform Act

7

IV. Grievance Procedure

7

A. Definitions

7

B. Purpose/Waiver of Grievance

7

C. Procedure

8

D. Levels

8

E. Level 4 Arbitration

10

F. Rights of Teachers to Representation

11

G. General Provisions

11

V. Teacher Assignment and Duties

11

A. Assignments

11

B. Playground Duty

12

C. Teacher Lunch

12

D. Middle School Schedule

13

E. Teacher Preparation Time

13

F. Attendance Registers

13

G. Curriculum Revision

14

H. Leaving Building

14

I. Grading

14

VI. Teacher Evaluation

15

VII. Salary Schedule

15

A. Method of Payment

15

B. Deductions

15

C. Medical Insurance

16

D. Salary Increment Credits

16

E. Column/Lane Change Credits

16

F. Tuition Aid

16

G. Early Retirement Incentive

17

H. Longevity

17

I. Extra-curricular Pay

18

J. Personal Contracts

18

VIII. Teacher Support

18

A. Substitutes for Absent Teachers

18

B. Loss of Preparation Time

18

C. Teacher Assistants

19

D. Complaints Against A Teacher

19

E. Suspension and Dismissal

19

F. Student Teachers

19

IX. Notice of Vacancy

19

A. Resignation

19

B. Posting

19

X. School Committee and Administrative Provisions

20

XI. Leave

20

A. Sick Leave Insurance

20

B. Notification of Accumulation

24

C. Worker's Compensation

24

D. Bereavement Leave

24

E. Personal Leave

25

F. Professional Leave

25

G. Maternity/Child Rearing Leave

25

H. Association Leave

26

I. Extended Leave - Professional Status Teachers

26

J. Other Leave

26

XII. Personnel Files

26

A. Location

26

B. Update

26

C. Contents

27

D. No Derogatory Material

27

E. Inspection of Material

27

F. Notification of Complaint

27

G. Confidentiality of Files

27

XIII. Unusual Contracts and Unexcused Absences

28

A. Personal Contracts

28

B. Unexcused Absence

28

XIV. Calendar and School Year

28

A. Definitions

28

B. School Day and Year

28

C. Teacher Day and Year

29

XV. Reduction In Force

31

A. Professional Teacher Reductions

31

B. Definitions

31

C. Seniority List

32

D. Notification

32

E. Recall

33

XVI. Agency Fee

33

XVII. No Strike Clause

33

XVIII. Preparation of the Agreement

34

XIX. Substance Abuse

34

XX. Duration

35

APPENDIX A-SALARY SCHEDULE

36

APPENDIX B-GRIEVANCE REPORTS

40

APPENDIX C-MOA EPI-PEN

43

I.        Preamble

THIS AGREEMENT IS MADE AND ENTERED INTO on this 19th day of June, two thousand and twelve, by and between the BERKLEY SCHOOL COMMITTEE (hereinafter referred to as "the Committee") and the BERKLEY TEACHERS' ASSOCIATION (hereinafter referred to as "the Association").

II.       Recognition

For the purpose of collective bargaining with respect to wages, hours, and other conditions of employment, the negotiations of collective bargaining agreements and any questions arising there under, the Committee recognizes the Association as the exclusive bargaining agent and representative of all teachers and nurses employed by the Committee and excluding the Superintendent, the Principal, Assistant Principal, Administrator of Student Services, Out of District Coordinator, Director of Curriculum and Instruction, Teacher Assistants, Instructional Aides, Custodians, Clerical, Cafeteria, Surround Care, Computer Technician, Head of Building and Grounds Maintenance and all other employees. Except if the positions are specifically identified above, the parties reserve all rights with respect to the inclusion/exclusion of the Assistant Speech and Language Pathologist and new positions created and filled after September 1, 2003.

A.        Substitutes

1.          Substitute Teachers Hired For Full School Year.

A substitute teacher hired initially for the full school year will be considered a member of the BTA bargaining unit. The Superintendent shall determine the teacher's placement on the salary schedule in accordance with the terms of the Teacher's Contract pertaining to new hires.

2.          Other Substitutes.

a.          A substitute teacher hired initially for less than the full school year, who is certified/licensed in the subject area and works for at least 60 consecutive work days will be considered a member of the BTA bargaining unit on the 61st day. Effective the 61st consecutive day, the Superintendent shall determine the teacher's placement on the salary schedule in accordance with the terms of the Teachers' Contract pertaining to new hires. Effective the 61st consecutive day, seniority shall be retroactive to the first day of continuous service in the position.

b.          A substitute teacher initially hired for less than a full school year, who is not certified/licensed in the subject area and works for at least 61 consecutive work days will be considered a member of the BTA bargaining unit on the 61st day. Effective the 61st day, the teacher shall be placed on Step 1 of the salary schedule. Effective the 61st day, seniority shall be retroactive to the first day of continuous service in the position.

The Berkley Teachers Association agrees to cooperate with the Committee in taking all necessary steps to have the Labor Relations Commission approve the revised recognition clause.

Wherever the Agreement says "teacher", it shall also refer to "nurse" except as specifically provided otherwise.

III.     General

A.          Savings Provision

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

B.          School Committee Rules and Regulations

The School Committee has the sole and exclusive right and responsibility to promulgate reasonable rules and regulations pertaining to the employees covered by this Agreement, except that such rights will not be exercised so as to conflict with the provisions of this Agreement.

C.          Waiver of Further Demands

The parties agree that each has exercised its right to bargain for any provision it wished to have included in this Agreement; that if either has made a proposal not included herein, such proposal has been withdrawn in consideration of the making of this Agreement; and this agreement constitutes a complete agreement as to all matters upon which the parties have or might have bargained. Accordingly, each expressly waives any right to seek to negotiate any further demand or proposal so long as this Agreement shall continue in effect.

D.         Superintendent/School Committee Rights

As to every matter as to which a specific agreement is not set forth in this Agreement, the Superintendent and/or the Committee continues to retain, whether exercised or not, the sole and unquestioned right to exercise all of the duties, powers, responsibilities, and rights provided by and under the laws of Massachusetts in the control, direction, and management of the Berkley Schools. No such exercise shall be made the subject of a grievance or arbitration proceeding under this Agreement or the subject of an unfair labor practice charge.

E.          Superintendent/Agent of Committee

Except as otherwise specifically provided in the Agreement and except when the Association is notified in writing, the Committee designates the Superintendent of Schools as the agent of the Committee with respect to all matters pertaining to the administration of the provisions of this Agreement.

F.          Requirements of Education Reform Act

The School Committee reserves its right to change the provisions of the contract and/or the application of those provisions to conform to the requirements of the Education Reform Act of 1993 and any rules, regulations or decisions resulting from the act, subject to any bargaining obligations required by law.

IV.      Grievance Procedure

A.         Definitions

1.          A "grievance" is defined as a complaint by a teacher or a group of teachers that as to the complainant there has been a violation, misinterpretation or inequitable application of the provisions of this Agreement.

2.          An "aggrieved teacher" is the teacher or teachers making the complaint.

B.          Purpose/Waiver of Grievance

1.          The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may, from time to time, arise affecting the welfare of working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2.          Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment and to state its views.

3.          If a teacher does not file a grievance in writing with the chairman of the Association's Committee on Professional Rights and Responsibilities (hereinafter referred to as the "P.R.& R. Committee") Committee and the written grievance is not forwarded to the Superintendent within thirty (30) school days after the teacher knew or should have known of the act or condition on which the grievance is based, then the grievance will be considered as waived. A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four.

C.          Procedure

1.          Since it is important that grievances be processed as rapidly as possible, the number of days at each level should be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

2.          In the event a grievance is 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, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

D.          Levels

1.          Level One:

A teacher with a grievance will first discuss it with his/her principal or immediate supervisor either directly or through the Association's School Representative, with the objective of resolving the matter informally. The grievance must be presented in writing.

2.          Level Two:

a.          If the aggrieved teacher is not satisfied with the disposition of his/her grievance at Level One or if no decision has been rendered within ten (10) school days after presentation of the grievance, he/she may file the grievance in writing with the chairman of the P.R.& R. Committee within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. Within five (5) school days after receiving the written grievance, the chairman of the P.R.& R. Committee will refer it to the Superintendent of Schools.

b.          The Superintendent will represent the administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent will meet with the aggrieved teacher in an effort to resolve it. Within ten (10) school days after the meeting, the Superintendent shall provide a decision to the chairperson of the P.R. & R. Committee and the aggrieved employee.

3.          Level Three (School Committee Level):

a.          School Committee role: A grievance will proceed to Level Three (School Committee Level) if the School Committee and Superintendent agree that matter falls within the authority of the School Committee under the laws of the Commonwealth and/or Superintendent wants the Committee to serve in an advisory role. This decision of the School Committee and Superintendent shall not be grievable or arbitrable.

b.          If the aggrieved teacher wants to pursue the grievance beyond the Superintendent, the teacher shall submit it to the chairperson of the P.R. & R. Committee within five (5) school days after receipt of the Superintendent's decision or, if no decision is rendered, within fifteen (15) school days after the meeting with the Superintendent at Level 2.

The P.R. & R. Committee Chairperson will advance the grievance to Level Three, the School Committee Level, through the Superintendent's office within five (5) school days after receiving the grievance from the Teacher. The Superintendent and the School Committee will decide whether the School Committee is going to hear the grievance no later than the second School Committee meeting following the submission of the grievance to the Committee and give written notice of that decision within five (5) school days after the meeting.

If the School Committee decides to hear the grievance, the hearing will take place no later than the second School Committee meeting after the decision to hear the grievance. The Committee's written decision on the grievance will be provided to the Chairperson of the P.R. & R. Committee and the aggrieved employee within five (5) school days after the hearing.

4.          Level Four:

a.          If the aggrieved teacher is not satisfied with the disposition of the grievance at Level Two, or, where applicable, Level Three, the aggrieved teacher may, within five (5) school days after the Committee issues a decision or is supposed to issue a decision declining to hear the grievance or denying the grievance, request the Chairman of the P.R. & R. Committee to submit the grievance to arbitration.

b.          If the Association decides to submit the grievance to arbitration, it shall submit the grievance to arbitration within fifteen (15) school days after receipt of an arbitration request by the aggrieved teacher and notify the School Committee (through the Superintendent) in writing that it has done so.

E.          Level 4 Arbitration

1.          Within ten (10) school days of the Association's written notice to the School Committee of its intent to proceed to Arbitration, the Employer and the Association will attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from the arbitrator to serve. If the parties are unable to agree upon an arbitrator or secure the services of an agreed-upon arbitrator, the Demand for Arbitration shall be processed through the American Arbitration Association (AAA). The parties will be bound by the rules and procedures of the AAA.

2.          The Arbitrator shall hear the matter and issue a decision not later than thirty (30) days following the hearing or from the date for submission of post-hearing briefs. The Arbitrator shall be without power or authority to make decisions that require the commission of an act prohibited by law or which violate the terms of this Agreement. The decision of the Arbitrator will be submitted to the School Committee and to the Association and will be final and binding.

3.          The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the School Committee and the Association.

The parties agree that the Association will not have to serve copies of the Grievance Report at each level to anyone other than the person (or School Committee) responsible for responding at that level.

F.          Rights of Teachers to Representation

The aggrieved teacher may be represented at all stages of the grievance procedure by a person of his/her own choosing. When the aggrieved teacher is not represented by the Association, a member of the Association or, if the Association shall so request, a member of the MTA or NEA, shall have the right to be present and to state the views of the Association at all stages at the grievance procedure. The aggrieved teacher shall notify the Committee seven (7) days in advance of any meeting if said teacher is to be represented by legal counsel.

G.          General Provisions

1.          If, in the judgment of the P.R. & R Committee, a grievance affects a group or class of teacher, the P.R. & R Committee may submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Two. The P.R. & R Committee may process such grievance through all available levels of the grievance procedure even though the aggrieved teacher does not wish to do so.

2.          Decisions rendered at Levels One, Two, and Three of the grievance procedure will be in writing, setting forth the decision and the reasons therefore, and will be transmitted promptly to the aggrieved teacher and to the chairman of the P.R. & R Committee. Decisions rendered at Level Four will be in accordance with the procedure set forth in Section D.

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

4.          Grievances shall be submitted on the approved forms (a specimen of which is attached to the signed master Agreement).

V.       Teacher Assignment and Duties

A.        Assignments

Except with respect to teachers now currently teaching in Berkley under a grandfather certificate, teacher certification shall be the only basis upon which teaching assignments shall be made.

To be given adequate preparation time, teachers will be notified in writing of the grades, subjects, unusual or special classes, tentative schedules, and tentative location with respect to their teaching assignment for the coming year.

1.          When the school budget for the coming year has been finalized, such notification will be at least five (5) school days prior to the last day in the school year. However, in no event shall such notification take place later than ten (10) days after the end of the school year.

a.          A tentative class list of students shall be provided to each teacher by e-mail or regular mail within ten (10) days after the end of the school year. Teachers shall inform the Administration in writing if they want to continue to get notice by regular mail.

b.          In the event of a change in assignment, grades, subjects, unusual or special classes, tentative schedules and tentative location following the notice described above, the teacher so affected shall be notified promptly. Upon request, the teacher so affected shall be provided the opportunity to discuss the change(s) with the Administrator involved.

c.          The Administration shall make available to the appropriate teachers, to the extent allowed by law, all medical information known to the Administration. Such information shall be made available on the following timetable: For students in the system during the prior school year, no later than the first work day of the new school year; for students new to the system, promptly upon receipt of the information by the Administration.

B.          Playground Duty

All teachers assigned to teach full-time in grades Full Day, will be assigned lunch and/or recess duties on a rotating basis. Building principals will assign duties to teachers working less than full-time and aides, in an equitable manner.

Recess will be scheduled for students at reasonable times, usually around midday.

The duty schedules of each school shall be scheduled by the administration and shall be submitted to the BTA for review before implementation, each school year and whenever changed.

C.          Teacher Lunch

Teachers shall have a duty-free lunch of a minimum of twenty-five (25) minutes.

D.         Middle School Schedule

Every effort will be made to establish a Middle School Schedule which will provide to each teacher not more than thirty (30) teaching periods per week and which will require a teacher to instruct not more than two (2) subjects.

E.          Teacher Preparation Time is defined as teacher-directed time to prepare. Each teacher shall be provided with at least two-hundred seventy (270) minutes of teacher preparation time during a six-day cycle. If the cycle is changed, each teacher shall receive the pro-rata equivalent. The Administration shall not be required to provide more than two-hundred seventy (270) minutes by any of the provisions below.

Daily teacher preparation time shall be at least forty-five (45) consecutive minutes.

Teacher preparation time for part-time teachers will be provided on a pro-rated basis (i.e. a .8 [80%] teacher will be entitled to 80% of the teacher preparation time of a full-time teacher).

If a teacher loses teacher preparation time due to an early release day or a partial work day of any type, the Administration shall not be obligated to provide make-up teacher preparation time.

Whenever a teacher is required to attend a meeting during instructional time, Administration will provide coverage so the teacher can attend the meeting. If a meeting is scheduled during the teacher's preparation time, the Administrator will provide equal replacement time on the same day. If coverage cannot be arranged in either instance, the meeting will be rescheduled.

Common Planning Time is defined as teacher-directed time to plan, schedule, and address needs of teachers and students of a particular grade level.

The administration recognizes the benefit of providing teachers and administrators time to work on teacher initiated and directed activities related to improving the education of students at a particular grade level or specialty. The length of common planning time will be at least the length of a teacher preparation time.

F.          Attendance Registers

Accurate daily attendance reports are the responsibility of the classroom teacher. The official register required by the Department of Education and reflecting the classroom teacher reports will be maintained by the Office of the Principal.

G.        Curriculum Revision

Teachers shall have a role in curriculum revision and construction and shall be involved in the selection of texts and materials.

H.        Leaving Building

Subject to advance approval of the Superintendent or his designee, teachers may leave the building during their lunch period or preparation period for school related purposes.

I.           Grading

Middle School/Grades 5-8 Online Grade Reporting

Teachers are responsible for updating the grades of their students by utilizing the online grading system.

Classroom, Unified Arts and Special Needs Teachers will input the grade of their students in the on-line grading system within a week after the assignment has been graded.

The School Committee recognizes its responsibility to keep the technology in working order. If the computer system is not working properly, all teachers will be given the same number of additional days that the system was down to input their grades. For instance, if the computer system is down for two days, the teachers will be given an additional two days to enter the grades into the system.

If extenuating circumstances arise, the principal or assistant principal may grant the teacher additional days to input their grades.

When a student's grade has dropped one whole letter grade or more, or if the student's conduct needs improvement or is unsatisfactory at the mid-term, the teacher will communicate the concern to a parent or guardian via e-mail, phone call, meeting or note, and the teacher will keep a record of the communication.

Elementary School/Grades K-4 Grading

Teachers of Grades K-4 are expected to report grades via corrected papers to parents and students in a timely manner.

Additionally, teachers are expected to enter grades at the end of each term into our computer-based system (MMS) in compliance with the dates that are provided to them by the Principal at the beginning of each school year.

VI.      Teacher Evaluation

The Berkley School Department Teacher Evaluation Procedure is outlined in a document titled "Berkley Public School Educator Evaluation Procedure". The language was negotiated and based on M.G.L, c.71, § 38; M.G.L C.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq. The Teacher Evaluation, referred to as the Educator Evaluation Procedure, was agreed to on September 4, 2012 and is subject to ongoing modification as needed and agreed to by the parties.

VII.     Salary Schedule

A.          Method of Payment

1.          The compensation of professional employees, with the exception of substitute teachers, shall be paid in twenty-six (26) bi-weekly payments. The last payment, equal to the remainder of the twenty-six (26) bi-weekly payments not previously paid, will be made after the teacher completes all end-of-the year records and reports on the last teaching day. Payroll checks will be delivered to the school(s) every other Thursday for distribution.

2.          Separate checks can be granted for stipends etc., however, the tax rate shall remain the same as for regular payroll, (deductions remain the same as paychecks).

B.          Deductions

1.          The Committee agrees to deduct dues from the salaries of its employees for the Berkley Teachers' Association, Massachusetts Teachers Association, the National Education Association, or any one of such associations as said teachers individually and voluntarily authorize the Committee to deduct, and to transmit the monies promptly to such Association or Associations. Teacher authorizations will be in writing on the form provided by the Association.

2.          Teachers may also elect to have monies deducted payable to the Citizens Credit Union, Century Bank and Trust Company (MTA Credit Union), and/or an annuity fund and/or the Washington National Insurance Company and/or United Way, Inc., and/or all allowable health, life, and annuity benefits provided under the "cafeteria plan".

C.          Medical Insurance

Teachers shall have the right to participate in all life insurance, accidental death and dismemberment insurance, hospital, medical, surgical and insurance benefits provided by any insurance plan adopted and maintained by the Town of Berkley pursuant to applicable statutes. The cost of such benefits shall be paid as provided in such plan.

D.         Salary Increment Credits

Salary increments are increases in salary resulting from upward movement in a salary schedule column/lane (for example, movement from Step 3 to Step 4 in the bachelor's column). These increments are not automatic. Failure to meet the requirements that are a part of this Agreement will result in the stoppage of any salary increment advancement until the requirements are met.

To receive any salary advancement, all teachers except those at step 12 and above will be required to earn three (3) credits every three (3) years in a course or courses approved in advance by the Superintendent.

E.          Column/Lane Change Credits

Movement from one column to another on the salary schedule is a column/lane change (for example Bachelors to Bachelors + 15). A change in columns on the salary schedule requires an advanced degree earned at an approved college/university or advanced degree credits earned at an approved college/university, approved in advance by the Superintendent. Column change credits may also be awarded for successful completion of in-service courses offered by a Local Education Agency which awards college graduate credits, approved in advance by the Superintendent.

Credits for any salary lanes beyond the Master's plus 15 (M+15) must be taken chronologically after the receipt of the Master's degree.

The Superintendent will establish and publish regulations for salary increment and column/lane change credits to take effect September 1, 1994.

The provisions of this subsection will be modified to the extent that the Education Reform Act of 1993 and/or any regulations resulting from the Act impose additional requirements.

F.          Tuition Aid

The Committee will reimburse teachers up to $1,050 for tuition, fees and required course materials paid for courses approved by the Superintendent of

Schools at accredited universities, colleges or professional training schools, or programs provided by Berkley Public Schools, provided said courses are successfully completed.

Receipts are required for reimbursement.

G.        Early Retirement Incentive

1.          The Early Retirement Incentive is not Massachusetts Teachers Retirement

System Annuity (MTRS) eligible. The rates are as follows:

Age

Percent (%) of salary paid to teacher upon retirement

55

18%

56

17%

57

16%

58

14%

59

12%

60

10%

61

8%

2.          Eligibility

To be eligible for this program, a teacher must have at least 15 years of service in the Berkley School System. Notification of early retirement must be given to the Superintendent, in writing, a minimum of nine months prior to the date of early retirement.

Early retirement lump sum payment will be made in the month of July following retirement.

In the event of the death of any eligible employee, the benefit will be paid to the employee's estate.

H.        Longevity

An annual longevity payment will be granted to each teacher with the appropriate years of service with the Berkley School Department. The payment will be made in the first paycheck in November.

Years of Service

Payment

12

$650

17

$850

22

$1500

30

$2500

Teachers are no longer eligible for service compensation as of August 31, 2009.

Any Teacher who has received a service compensation payment in accordance with Article VII G of the 2006-2009 contract, may return to the longevity payment without penalty.

I.           Extra-curricular Pay

Teachers will receive an hourly rate of $35 for extracurricular activities.

Teachers will receive priority when considered for extracurricular positions.

J.           Personal Contracts

It is the teacher's responsibility to maintain their certifications according to the requirements of the Department of Elementary and Secondary Education. Teachers will have fifteen (15) days to return signed contracts. A contract not returned within the specified time limit, which will be recorded on the contract, may be deemed as a resignation.

VIII.   Teacher Support

A.          Substitutes for Absent Teachers

The committee will make every effort to provide substitutes in those cases where a teacher has reported his/her unavailability for work prior to the start of a school day in accordance with the regulations pertaining to his/her school.

B.          Loss of Preparation Time

A teacher will be compensated at the rate of thirty dollars ($30) per class period each time the teacher acts as a substitute during a scheduled preparation period.

C.          Teacher Assistants

The School Committee shall provide teacher assistants in the school system according to the recommendation of the superintendent.

D.          Complaints Against A Teacher

When any complaint regarding a teacher is made to the administration or School Committee by a parent, student, or other person on which definite action is to be taken by the administration, a teacher/administrator conference will be held prior to the taking of such action, and the teacher will be provided with a copy of the complaint if it has been made in writing.

E.          Suspension and Dismissal

No professional teacher will be suspended, dismissed or reduced in rank or compensation without just cause. Nothing herein shall abridge or limit the authority of the Superintendent pursuant to law to decline to reappoint or renew the contract of a non-professional teacher except if such non-reappointment or non-renewal results from the violation of other express terms of this Agreement.

F.          Student Teachers

Accepting a student teacher will be on a voluntary basis. Any course vouchers, PDP's, stipends or other benefits provided for the student teaching experience will go to the cooperating teacher to be used at his/her discretion.

IX.      Notice of Vacancy

A.          Resignation

A known vacancy shall exist when a letter of resignation is received by the Superintendent of Schools.

B.          Posting

All promotions, transfers, classroom vacancies, and other vacancies, teaching level and above, will be posted in each school within fifteen (15) days of occurrence.

1.          By June 15, a list of all known vacancies for the following school year will be posted.

2.          During the months of July and August, written notices of a new position or vacancy will be emailed to the Association president who will notify the Association members. All qualified teachers will be given a reasonable opportunity to make application for such position.

3.          Notices of vacancies will be posted in both teacher lounges and the offices of the Principals and Superintendent.

4.          A copy of the posting will be given to the President of the Association on the day of the posting.

5.          Vacancies will be posted for fifteen (15) days when the situation allows, but always for a minimum of five (5) business days.

6.          If the Administration wants bargaining unit members to voluntarily participate in the interview process of a new bargaining unit member, it will solicit volunteers by sending an e-mail to the bargaining unit as a whole. The Administration will not ask bargaining unit members to participate in the interview process of a bargaining unit member seeking a transfer.

X.       School Committee and Administrative Provisions

A copy of the agenda for each School Committee meeting and the minutes of each meeting, when approved by the School Committee, will be sent each month to the President of the Association.

XI.      Leave

A.        Sick Leave Insurance

1.          Each teacher who has completed one school year of employment by the Committee shall be entitled to fifteen (15) days of paid absence because of illness as of the first day of the teacher's work year. Each teacher who has not completed one school year of employment by the Committee shall accrue paid absence of illness days at the rate of one-and-one half (11/2) days per month of work to a maximum of fifteen (15) days for the school year. Sick days are cumulative to a maximum of one hundred thirty (130) days.

2.          Any professional status teacher may be granted, upon request, extended sick leave with or without pay at the discretion of the School Committee.

3.          Any teacher returning from an illness that extends seven (7) or more consecutive days must furnish a statement from the attending physician stating that the teacher is able to return to work.

4.          Severance Pay - Effective on September 1,1985, a teacher who has served twenty (20) years in the Berkley School System shall, upon retirement, receive severance pay based upon his/her unused sick leave under the following conditions:

a.          Beginning in September, 2009, teachers who have accumulated one hundred thirty (130) sick leave days at the end of the preceding school year shall be able to accrue sick leave days above the maximum of one hundred thirty (130) at the rate of fifteen (15) per year.

b.          The aforementioned days above one hundred thirty (130) will be recorded and identified as a "Teacher's Above Maximum Account of Sick Leave Days."

c.           Upon retirement, as described above, a teacher will receive a percentage of his/her daily rate of pay at the time of retirement (annual rate divided by number of work days indicated in the "teacher year" provision in section XIV-C) for each day in the "Teacher's Above Maximum Account," according to the following scale:

Number of Days                    Percentage

1 to 50                                        75%

51 to 100                                    50%

101 to 130                                 25%

d.          The maximum amount payable to any teacher pursuant to this Section 4 of Article XI, shall be five thousand two-hundred dollars ($5,250).

e.          It is understood and agreed that any sick leave days normally used pursuant to Section 4 of Article XI of this Collective Bargaining Agreement will be deducted from a Teacher's Above Maximum Account before any days are deducted from his/her first one hundred thirty (130) days of accumulated sick leave days.

f.           Any teacher who gives notification for the Early Retirement Incentive is not eligible for the Severance Payment (Sick Leave Buy Back) described in this Section.

5.          Beginning with the 2009-2010 school year, teachers with twenty-four (24) hours written notice to the principal, whenever possible, may utilize accrued paid sick days up to a maximum of five (5) days in each work year in the event of a serious illness requiring bedside or household attention by the teacher for the teacher's spouse, significant other, child, dependent, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, grandchild, sibling, or other member of the immediate family. This leave shall also extend to permanent residents of the teacher's primary residence. The principal or superintendent may require medical documentation if there is reason to believe that this leave is being abused.

6.          Sick Leave Incentive

Teachers are entitled to a sick leave incentive payable as a separate check. This check will be received in September, accompanied by the Notification of Accumulation document (Article XI.B).

Sick Days Unused

Payment

15

$250

14

$200

13

$150

12

$100

7.          Sick Leave Bank

a.          Purpose

A Sick Leave Bank will be maintained for use by qualified members who choose to participate, whose sick leave accumulation is exhausted through illness or accident, and who require additional leave to make a full recovery from extended illness.

The Sick Leave Bank cannot be used to extend a Maternity Leave or Family Medical Leave Act (FMLA).

b.          Membership

All professional employees covered by this agreement who have accumulated at least thirteen (13) sick days are eligible to gain initial entry into the Sick Leave Bank by donating two (2) days. Years thereafter will require a one (1) day donation.

Professional employees who wish to gain membership or maintain membership in the participation of the Sick Leave Bank must indicate their intent on their annual personal contract which is signed in June each year.

The request to approve/decline the participation in the Sick Leave Bank will be on each teacher's personal contract.

8.          Administration of the Sick Leave Bank

a.          The Sick Leave Bank will be administered by a Sick Leave Bank Committee consisting of two (2) members designated by the School Committee to serve and two (2) members designated by the Association.

b.          The decisions of the Sick Leave Bank Committee, with respect to eligibility and entitlement, shall be by a majority of its members' voting and will be final and binding and not subject to the grievance and arbitration provisions of this Agreement. Any appeal will be limited to an appeal to the Sick Leave Bank Committee. The Sick Leave Bank Committee will convene two (2) times during the school year and on an as needed basis.

9.          Application for Benefits from the Sick Leave Bank

a.          Applications for benefits must be made to the Sick Leave Bank Committee in writing and must be accompanied by medical evidence of illness, submitted by certification, by a state-certified Medical Doctor. A second opinion by a specialist in the area of the illness may be requested by the Sick Leave Bank Committee.

b.          Application of benefits should be made by the Professional Employee, prior to the employee's exhaustion of his/her own personal sick leave to expedite the process, but drawing on the Bank will not commence until all of the employee's own sick leave days are used and approval has been granted by the Sick Leave Bank Committee. Under unusual circumstances (teacher is not physically able to make the request) the Association may submit a written request on behalf of an eligible employee.

10.        Granting of Days from the Sick Leave Bank

a.          The initial sick leave grant to an employee shall not exceed fifteen (15) days.

b.          Upon completion of the fifteen (15) day period, additional days may be granted by the Sick Leave Bank Committee upon demonstration of need by the applicant.

c.          Teachers without Professional Teacher Status will only be able to draw from the Sick Leave Bank a total number of days equivalent to what they had accumulated prior to their illness. Any additional medical leave must be made to the Superintendent and may be granted as unpaid-medical leave.

B.         Notification of Accumulation

In September, teachers shall receive a written notification of the number of accumulated sick days included for the current year.

C.          Worker's Compensation

1.          Whenever a teacher is absent from school as a result of personal injury sustained while performing his/her school work, the Committee will pay to said teacher his/her full salary, less any Worker's Compensation paid on account of such injury, until such absence ends or until the end of the then current school year whichever occurs first. Such absence will not be charged to the annual or accumulated sick leave to which such teacher may be otherwise entitled.

2.          In the event that Worker's Compensation payments are delayed, the Committee will pay full salary and the teacher will reimburse the town when Worker's Compensation is received.

D.         Bereavement Leave

Teachers will be entitled to five (5) consecutive days with pay at any one (1) time in the event of death of a teacher's spouse, significant other, child, dependent, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, grandchild, sibling, or other member of the immediate family. Teachers will be granted up to three (3) consecutive days at any time in the event of death of a teacher's grandfather, grandmother, brother-in-law, sister-in-law, uncle, aunt, niece or nephew unless said relative is a member of the immediate household, in which event the teacher will be entitled to aforesaid five (5) consecutive days. The notice of leave under this Section and the anticipated length of such leave shall be provided to the principal as soon as possible. Leave of up to one (1) day to attend the services of a relative not listed above or a close friend will be allowed with notice to the Superintendent or his designee.

E.         Personal Leave

1.          Teacher will be entitled to two (2) days absence for personal, legal, business, household or family matters which require absence during school hours. Whenever possible, a teacher should present the request for a leave in writing (using the appropriate form) to the building principal at least twenty-four (24) hours before the leave.

2.          Excess of two (2) days up to a total of three (3) days may be requested of and granted by the Superintendent.

3.          Teachers, with twenty-four (24) hours written notice to the principal, whenever possible, may utilize paid personal days up to a maximum of five (5) days in each work year in the event of a serious illness requiring bedside or household attention by the teacher of the teacher's spouse, child or parent. This leave shall also extend to permanent residents of the teacher's primary residence. The superintendent may require medical documentation if he has reason to believe that this leave is being abused.

4.          Teachers may convert one unused personal day under this section to one accumulated sick day under Article XI., A., Sections 1 and 4 at the end of the each school year.

Accounting of the converted personal day shall be included on the written Notification of Accumulation (Article XI, B).

F.         Professional Leave

With the approval of the superintendent or his designee, a teacher may be absent for up to one (1) professional day per year without loss of pay to visit schools to examine programs.

G.         Maternity/Child Rearing Leave

1.          Maternity Leave will be provided in accordance with Federal Law and Massachusetts General Laws, Chapter 149, Section 105D. Maternity Leave begins upon the birth of the child. Sick Leave can be used for the period of disability related to childbirth and recuperation there from. Maternity Leave is a maximum of forty (40) work days. All benefits continue during this time. If the employee wishes to return immediately following the forty (40) work days, a doctor's note is required.

2.          The Family Medical Leave Act (Policy posted in Teachers' Room of each school) can be used to lengthen Maternity Leave time. Full time employees are eligible for Family Medical Leave after a full year of employment. Request must be in writing. Family Medical Leave is a maximum of sixty (60) work days. Employees may use whatever time is available to them during this leave as listed in the Policy. All benefits continue during this time.

3.          Child Rearing Leave may be granted for all or part of one school year without pay for the purpose of child rearing. No benefits are allowed for this leave. The employee must pay the total cost to the town for all optional deductions. If the absence is more than one month, the Full Time Equivalency (FTE) status of the employee will be reduced on the seniority list.

4.          A packet of information, explaining in detail the procedures and rights under the leaves mentioned above, will be made available to the employee who will be taking Maternity Leave, Family Medical Leave, and/or Child Rearing Leave. The employee is encouraged to meet with the business manager prior to requesting and/or deciding on the leave options.

H.        Association Leave

The Berkley Teachers Association will be granted up to two (2) teacher days to allow a member of the Berkley Teachers Association to attend a meeting of the MTA, NEA or any of its affiliates or other educational conferences deemed to be in the interest of the Association.

I.         Extended Leave - Professional Status Teachers

In cases of extended illness of a member of a professional teacher's immediate family, the teacher may be granted up to one (1) year's leave of absence without pay.

J.         Other Leave

Other leaves of absence, without pay and benefits, may be granted by the Committee.

XII.    Personnel Files

A.         Location

A personnel file on each teacher shall be maintained in the school administration office.

B.         Update

Teachers will keep their files up to date on forms supplied by the administration concerning names (beneficiaries, persons to be notified in case of emergency, dependents, etc.), addresses, telephone numbers, marital status, higher education related to professional advancement, health and medical status, and other matters required for personnel administration.

C.          Contents

Included in this file shall be evidence of each degree the teacher has been awarded, official transcripts of all college courses completed, evidence of teacher certification, copies of contracts, teaching assignments, and of completed evaluation forms.

D.         No Derogatory Material

No material derogatory to a teacher's conduct, service, character or personality shall be placed in a teacher's file unless the teacher is notified that such material is being placed in the file.

The teacher shall be given the opportunity to inspect such material and shall acknowledge that he/she has read such material by signing the copy to be filed. Such signature will not be interpreted to mean agreement with the contents. The teacher shall have the right to respond to any material placed in his/her personnel file and the response shall be affixed to the material if it is possible to do so.

E.         Inspection of Material

1.          A teacher may review his/her file at any time upon reasonable notice and may submit additional letters or documents that he/she wishes kept in his/her file. A teacher shall have the right to obtain a copy of all material in his/her file provided such reproduction is without cost to the committee.

2.          File copies shall not be removed from the office of the school administration.

3.          A representative of the school administration shall be present at any inspection or reproduction of a teacher's file. A teacher may be accompanied by a representative of the Association.

F.         Notification of Complaint

Any complaints regarding a teacher made to the administration or school committee by any parent, student, or other person, which is to be placed in the teacher's personnel file, will be called to the teacher's attention immediately after the complaint is received.

G.         Confidentiality of Files

The foregoing provisions of this article shall not apply to placement office papers or references obtained when processing a teacher's initial application, medical, or other reports submitted in confidence; and a teacher may not have access to such papers or documents.

XIII.    Unusual Contracts and Unexcused Absences

A.         Personal Contracts

Teachers who begin or terminate their contracts after the start of the school year shall be paid on the following basis:

Salary x Duty days under contract Contract Days

B.         Unexcused Absence

If a teacher's absence is unexcused, his/her pay shall be deducted as follows for each day:

Salary = daily deduction Contract days

XIV.    Calendar and School Year

A.         Definitions

1.          "School day" shall mean the period during each day on which pupils are required to attend school commencing with the time by which pupils must be present and ending with the time of general pupil dismissal.

2.          "Teacher day" shall mean the period during each day which teachers are required pursuant to this Agreement to be present in a school.

3.          "School year" shall mean the number of school days in each twelve month period commencing September 1. On or before May 1 of each year, the Committee shall make available to all school employees a copy of the School Calendar for the forthcoming year. If unforeseen circumstances require changes in the school calendar, all school employees will be notified as soon as possible. Prior to the first day for pupils, teachers shall make preparation and attend an orientation meeting for the reopening of the school year.

B.         School Day and Year

The length of the school day and of the school year, the starting and ending time of the school day, the starting and ending days of the school year, and whether a school or schools shall operate on a single or multi-session are matters entirely within the discretion of the Committee and exercised under and pursuant to applicable provisions of law and to regulations of state agencies having jurisdiction.

C.         Teacher Day and Year

1.          The regular teacher day shall be six (6) hours and fifty (50) minutes.

2.          In addition to attendance during the regular teacher day, teachers may also be required to attend the following:

a.          All general staff meetings called by the Superintendent, not to exceed one (1) meeting per month for the duration of the school year. Such meetings shall not last more than sixty (60) minutes after all teachers requested to attend such meetings are present. In recognition of the requirement that teachers input grades by computer, the Superintendent shall relinquish his meeting time under Article XIV, Section C. (2.) (a.) as follows: one hour in the month that teachers are required to input term grades except to call a half hour meeting for an emergency, which shall include a June meeting to discuss the impact of town meeting action on the school budget.

b.          At least one (1) building meeting per month, if called. Such meetings shall not last more than sixty (60) minutes. Brief meetings of up to twenty (20) minutes in duration may be called at the discretion of the principal. Such meetings shall begin after all teachers required to attend are present.

c.           General staff and building meetings will be scheduled on a regular basis with at least one (1) week's notice.

d.          Teachers will not be required to attend Teacher Assistance Team meetings outside of the Teacher work day.

3.          On one or two days of the school year, pupils will be dismissed early for the purpose of parent-teacher conferences.

4.          The number and purpose of release time days is to be determined by the administration.

5.          Teachers will be required to attend not more than three (3) evening meetings per school year. Teachers will not be required to attend an evening meeting for more than two (2) hours.

Two of such evening meetings shall be used for parent-teacher conferences. Generally, the Berkley Community School and the Berkley Middle School shall not schedule conferences on the same day in order to allow parents with students in both schools to attend a conference. The other evening meeting may be used for curriculum night or open house as determined by the Superintendent. The Superintendent will consider input from the BTA as to the content of the curriculum night or open house meeting, but the Superintendent shall make the final determination.

Teachers are not required to attend a PTO Open House unless the Administration notifies teachers that it is one of the required evening meetings. The Administration will so advise the PTO and request that any notices concerning the event, when teachers are not required to attend, state that teachers are not expected to attend.

6.          Teachers not regularly assigned to a particular school day schedule will work at their assigned tasks for at least the length of time required of teachers regularly assigned to a particular schedule. The starting and ending times for such teachers shall be established on an individual basis subject to the Superintendent's approval. The proper performance by such teachers of their duties may require on occasion that they work longer than the established working day.

7.          The instructional responsibilities of teachers may include preparing teaching materials, giving help to individual pupils and conferring with parents, principals and other administrators. These responsibilities may involve time outside of the teacher day, and, in the case of teachers not regularly assigned to continuous teaching duties, outside of scheduled teaching periods. Each teacher, in the exercise of his/her professional judgment, shall have the responsibility of arranging a schedule for the attending of these duties. Instructional responsibilities shall include completing curriculum standard checklists similar to those in place on May 13, 2004, subject to a reasonableness standard, to show that instruction is aligned with the curriculum frameworks and standards.

8a.       The teacher year shall be not more than three (3) days in addition to the longer of (a) one hundred eighty (180) school days, or (b) the minimum number of school days as may be required by law. One of such days shall occur prior to the opening of school. One of the days shall be used for an in-service workshop during the school year. The scheduling and content of the third day will be determined by the Superintendent after meeting with a committee of teachers appointed by the BTA.

8b.       The last day of the school year shall be an early release day for students (dismissal of students shall be no later than 12:00 p.m.) Following student dismissal, teachers shall attend to teacher-initiated responsibilities related to the close of the school year and/or the opening of the follow school year.

9.          The Association recognizes that unforeseen situations of an emergency nature may arise from time to time during the school year which require the presence of a teacher at his or her school at times beyond the limits prescribed herein for the teaching day, and it further recognizes that such instances shall not give rise to any right to additional compensation.

XV.     Reduction In Force

A.         Professional Teacher Reductions

If the Superintendent and/or the School Committee determine that professional teacher staff reductions are necessary, such reductions shall be determined by length of service to the Town of Berkley. If seniority is equal, then reduction in force shall be based on evaluations of the three (3) previous years. The Reduction In Force provisions shall not apply to non-professional teacher status staff. However, at the discretion of the Superintendent, non-professional teacher status staff can be offered the option of being laid off under the provisions of this article rather than receiving a notice of non-renewal. In the case of "bumping", for the purpose of determining certification/licensure for a position, the employee shall be deemed certified/licensed if such is obtained, in writing, from the Department of Elementary and Secondary Education (DESE), as of the effective date of the reduction in force (July l'see Section D, herein).

No professional teacher shall be dismissed if there is a non-professional teacher in a position for which the professional teacher is certified.

B.         Definitions

1.          "Length of service/seniority" means a Berkley School Department employee's uninterrupted service as a teacher in the Berkley School System in years, months, and calendar days. Service begins either from the day of appointment or the first day served as a teacher, whichever came first, except when the first day served as a teacher is after the first work day of the school year in which case it shall be the first day serving in a bargaining unit position.

Leaves of absence granted by the Committee will not be considered breaks in service. Accepting an administrator's position in the Berkley School Department will not be considered a break in service, but only the administrator's years of service as a teacher in the Berkley School Department will be counted towards the administrator's seniority under this contract. Part-time teacher's service will be prorated.

2.            "Lay-off" means unpaid leave of absence granted by the Superintendent provided that said teacher has waived in writing subsequent of receipt of a notice of reduction in force, any present or future rights to a dismissal hearing he or she may have pursuant to the Massachusetts General Laws. Teachers who choose lay-off/leave of absence shall be entitled to any group health and/or life insurance program available to any teacher on leave of absence without pay provided the teacher pays the entire cost of the insurance premium within thirty (30) days of the billing date as issued by the Town Treasurer.

3.          "Recall" means the right to return to a position in the reverse order in which said teacher was laid off. A Berkley School Department administrator who has served as a Berkley teacher before becoming an administrator will be considered a teacher for purposes of this paragraph. Recall shall extend no longer than two calendar years from the date that the layoff commenced. This provision shall apply to layoffs occurring on or after September 1, 1992.

4.          "Terminated" means dismissal pursuant to the Massachusetts General Laws.

5.          "Administrator" means a Berkley School Department administrator who has served as an administrator prior to July 1, 2000 and who had previously served as a Berkley teacher. An administrator will retain teacher status for purposes of using his/her years of Berkley teaching service to bump back into a teaching position in the event the administrator is laid off.

C.         Seniority List

A proposed updated seniority list (length of service list) will be submitted by the Association to the Superintendent by October 15 of each year. The Superintendent will provide the Association with his response by November 15. The Superintendent will meet with the Association, if requested, to discuss differences over the seniority list. The official seniority list for the year will be determined by the Superintendent after the above steps have been completed. The Association has the right to contest the Superintendent's determination of the seniority list under the grievance and arbitration procedure.

D.         Notification

When reductions are to occur, the Committee shall give written notice to the affected professional teacher on June 1, preceding the effective dating of the reduction which shall be subsequent July 1. If the teacher wishes lay-off status (i.e., placement on the recall list) rather than termination, said teacher must so notify the superintendent in writing within ten (10) school days of the receipt of the reduction notice indicating he/she has waived present or future rights to a dismissal hearing pursuant to Chapter 71, Section 42, of the Massachusetts General Laws.

E         Recall

If a vacancy occurs and a teacher elects lay-off status, a recall notice shall be sent via certified mail with return receipt requested to the teacher most recently reduced. If a teacher fails to notify the Superintendent by certified mail within fourteen (14) calendar days of the receipt of the recall of his/her intent to accept recall, said teacher shall forfeit all rights and benefits provided for in this agreement. A teacher who accepts recall must commence work on the date set forth in the recall notice or twenty-one (21) calendar days, whichever is later. A teacher who accepts recall will have all benefits accrued up to June 30 of the year in which the reduction notice was given restored upon recall. Teachers on recall are required to keep the Superintendent informed on their current mailing address. When a vacancy occurs, the most senior teacher on the recall list certified for that vacancy shall be recalled to that position.

If the Superintendent does not receive a response within seven (7) days, the Association shall be notified and they (Association) will contact the teacher involved.

XVI.    Agency Fee

The Committee agrees to require during the term of this Agreement that all employees covered by the Agreement except those employees certified to the Committee by the Association as of the forty-fifth (45th) day of their employment or the thirtieth (30th) day after the effective date of this Agreement, whichever is later, shall pay the BTA a service fee set by the Association in accordance with the provisions spelled out in Section 12 of Chapter 150E of the Massachusetts General Laws.

Teachers electing agency service fee, shall pay the BTA a service fee set by the Association in accordance with the provisions spelled out in Section 12 of Chapter 150E of the Massachusetts General Laws. The agency fee will be due to the Association treasurer by October 15th for incumbent employees. For employees hired after the start of the school year who elect to pay an agency fee, the agency fee will be due 30 days from notification of payment due. A member of the bargaining unit who is not a member of the BTA and who does not pay the agency fee by the expected due date is subject to dismissal by the superintendent.

XVII.   No Strike Clause

During the term of this Agreement, the Association agrees that it will not cause, condone, sanction, induce or take part in any strike, walkout, slowdown, work stoppage, or withholding of services by employees of the Committee.

XVIII. Preparation of the Agreement

The Office of the Superintendent and the President of the Association shall be responsible for the reproduction of the master agreement in sufficient quantity for distribution of all parties concerned. Cost of same shall be jointly shared equally by the School Committee and the Berkley Teachers Association.

XIX.    Substance Abuse

A.           The Berkley School Committee and the Berkley Teachers Association recognize that the manufacture, distribution, possession and/or use of illegal drugs and deliberate abuse of legal drugs and alcohol is a source of danger in the workplace and a threat to the parties' goal of maintaining a productive and safe work environment. The School Committee intends to prevent those involved with illegal drugs and abusers of legal drugs and alcohol from becoming employees and the parties strongly encourage the voluntary rehabilitation of such persons already employed.

B.           In accordance with the Federal Drug Free Workplace Act, the illegal use, distribution, sale or possession of drugs while on the job or on School property is an offense which may warrant disciplinary action up to and including termination, subject to any applicable disciplinary provisions under the contract or the Massachusetts General Laws.

C.            Employees who are under the influence of alcohol or illegal drugs, either on the job or when reporting for work, who deliberately abuse legal drugs, or who possess or consume alcohol during work hours, have the potential for interfering with their own as well as their co-workers' safe and efficient job performance. Such conditions may be cause for disciplinary action up to and including termination, subject to any applicable disciplinary provisions under the contract or the Massachusetts General Laws.

D.           Any employee, while on school property or during the employee's work day, including without limitation all breaks and meal periods, who manufactures, distributes, sells, uses, possesses or is found to have in his or her locker or desk or other such repository, alcohol or drugs which are not medically authorized, may be suspended immediately pending further investigation. If use or possession is substantiated, disciplinary action up to and including termination may be imposed, subject to any applicable disciplinary provisions under the Agreement or the Massachusetts General Laws.

E.           Without detracting from the existing rights and obligations of the parties as recognized in the other provisions of this Article and this Contract, the School Committee and the Association agree to cooperate in encouraging an employee afflicted with alcohol or drug abuse to undergo a program designed to rehabilitate the employee. If an employee fails to avail himself or herself of assistance, and alcohol or drug abuse impairs the employee's ability to carry out work duties, including work performance, attendance, conduct or reliability, disciplinary action up to and including termination may be imposed, subject to any applicable disciplinary provisions under the Contract or Massachusetts General Laws.

XX.    Duration

The provisions of this Agreement shall be effective as of September 1, 2012, shall remain in full force and effect up to and including August 31, 2015 and shall be automatically renewed for successive terms of two (2) years unless, by the November 1 prior to the expiration date of the contract, either the Committee or the Association shall have given the other written notice of the desire to modify or terminate the Agreement.

APPENDIX A - SALARY SCHEDULE

A.         Salary Schedule (Teachers an d Nurses)

Effective 9/1/2012, one percent (1%) increase to salary schedule (Steps 1-12 and Step 20).

Effective 9/1/2013, two percent (2%) increase to salary schedule (Steps 1-12 and Step 20) for the first 13 pay checks; one percent (1%) increase to salary schedule (Steps 1-12 and Step 20) for the final 13 pay checks. Payment to be calculated 9/1/2013 through 8/31/14 and paid out in equal payments.

Effective 9/1/2014, two percent (2%) increase to salary schedule (Steps 1-12 and Step 20).

B.         Step 20

Step 20 provides an additional $1,000.00 to the step 12 pay. Accounting of the plus 12 step will be included on the Teacher's Personal Contract (Article VII.J.).

Berkley Salary Schedule 2012 - 2013

 

[BA]

[BA+15]

[BA+30]

[MA]

[MA+15]

M+30

M+45

M+60

ED.D

STEP 1

$40,527

$41,272

$42,018

$42,948

$43,697

$44,446

$45,192

$46,012

$47,033

STEP 2

$40,815

$41,560

$42,304

$43,245

$43,994

$44,743

$45,491

$46,309

$47,333

STEP 3

$41,562

$42,307

$43,053

$44,004

$44,753

$45,502

$46,249

$47,068

$48,090

STEP 4

$43,291

$44,052

$44,812

$45,570

$46,330

$47,089

$47,850

$48,666

$49,689

STEP 5

$45,418

$46,178

$46,938

$47,696

$48,455

$49,215

$49,976

$50,791

$51,815

STEP 6

$48,606

$49,367

$50,127

$50,886

$51,647

$52,406

$53,167

$53,983

$55,006

STEP 7

$51,799

$52,558

$53,318

$54,077

$54,836

$55,594

$56,357

$57,174

$58,198

STEP 8

$54,929

$55,689

$56,447

$57,208

$57,966

$58,727

$59,487

$60,304

$61,328

STEP 9

$58,119

$58,878

$59,637

$60,399

$61,158

$61,917

$62,676

$63,495

$64,518

STEP 10

$61,368

$62,126

$62,887

$63,644

$64,407

$65,166

$65,925

$66,743

$67,766

STEP 11

$65,796

$67,006

$67,618

$68,228

$69,119

$69,989

$70,776

$71,594

$72,617

STEP 12

$66,453

$67,676

$68,294

$68,910

$69,810

$70,690

$71,483

$72,310

$73,342

STEP 13

$66,453

$67,676

$68,294

$68,910

$69,810

$70,690

$71,483

$72,310

$73,342

STEP 14

$66,453

$67,676

$68,294

$68,910

$69,810

$70,690

$71,483

$72,310

$73,342

STEP 15

$66,453

$67,676

$68,294

$68,910

$69,810

$70,690

$71,483

$72,310

$73,342

STEP 16

$66,453

$67,676

$68,294

$68,910

$69,810

$70,690

$71,483

$72,310

$73,342

STEP 17

$66,453

$67,676

$68,294

$68,910

$69,810

$70,690

$71,483

$72,310

$73,342

STEP 18

$66,453

$67,676

$68,294

$68,910

$69,810

$70,690

$71,483

$72,310

$73,342

STEP 19

$66,453

$67,676

$68,294

$68,910

$69,810

$70,690

$71,483

$72,310

$73,342

STEP 20

$67,453

$68,676

$69,294

$69,910

$70,810

$71,690

$72,483

$73,310

$74,342

Berkley Salary Schedule 2013 - 2014

 

[BA]

[BA+15]

[BA+30]

[MA]

[MA+15]

M+30

M+45

M+60

ED.D

STEP 1

41545

42307

43072

44026

44794

45562

46326

47167

48214

STEP 2

41839

42603

43366

44331

45098

45866

46633

47471

48521

STEP 3

42605

43369

44134

45108

45876

46644

47410

48249

49297

STEP 4

44378

45158

45937

46713

47493

48271

49051

49887

50936

STEP 5

46558

47338

48116

48893

49671

50450

51231

52066

53115

STEP 6

49826

50606

51386

52164

52943

53721

54501

55338

56387

STEP 7

53099

53877

54656

55435

56213

56990

57771

58609

59659

STEP 8

56308

57087

57864

58644

59421

60202

60980

61818

62868

STEP 9

59577

60356

61134

61915

62693

63471

64250

65089

66137

STEP 10

62908

63686

64466

65242

66023

66801

67580

68418

69467

STEP 11

67448

68688

69315

69941

70854

71746

72553

73391

74439

STEP 12

68121

69375

70008

70639

71562

72465

73278

74125

75183

STEP 13

68121

69375

70008

70639

71562

72465

73278

74125

75183

STEP 14

68121

69375

70008

70639

71562

72465

73278

74125

75183

STEP 15

68121

69375

70008

70639

71562

72465

73278

74125

75183

STEP 16

68121

69375

70008

70639

71562

72465

73278

74125

75183

STEP 17

68121

69375

70008

70639

71562

72465

73278

74125

75183

STEP 18

68121

69375

70008

70639

71562

72465

73278

74125

75183

STEP 19

68121

69375

70008

70639

71562

72465

73278

74125

75183

STEP 20

69121

70375

71008

71639

72562

73465

74278

75125

76183

Berkley Salary Schedule 2014 - 2015

 

[BA]

[BA+15]

[BA+30]

[MA]

[MA+15]

M+30

M+45

M+60

ED.D

STEP 1

42586

43368

44152

45130

45917

46704

47488

48349

49423

STEP 2

42888

43671

44453

45442

46229

47016

47802

48661

49738

STEP 3

43673

44456

45240

46239

47027

47814

48599

49459

50533

STEP 4

45491

46290

47088

47885

48684

49482

50281

51138

52214

STEP 5

47725

48524

49323

50119

50917

51715

52515

53372

54447

STEP 6

51075

51875

52674

53472

54271

55068

55868

56726

57800

STEP 7

54431

55228

56026

56825

57622

58419

59220

60078

61155

STEP 8

57720

58518

59315

60114

60911

61711

62509

63368

64444

STEP 9

61071

61870

62667

63468

64265

65062

65861

66721

67795

STEP 10

64485

65283

66082

66877

67679

68476

69275

70134

71208

STEP 11

69139

70410

71053

71695

72630

73545

74372

75231

76306

STEP 12

69829

71115

71764

72411

73356

74282

75115

75983

77068

STEP 13

69829

71115

71764

72411

73356

74282

75115

75983

77068

STEP 14

69829

71115

71764

72411

73356

74282

75115

75983

77068

STEP 15

69829

71115

71764

72411

73356

74282

75115

75983

77068

STEP 16

69829

71115

71764

72411

73356

74282

75115

75983

77068

STEP 17

69829

71115

71764

72411

73356

74282

75115

75983

77068

STEP 18

69829

71115

71764

72411

73356

74282

75115

75983

77068

STEP 19

69829

71115

71764

72411

73356

74282

75115

75983

77068

STEP 20

70829

72115

72764

73411

74356

75282

76115

76983

78068

APPENDIX B - GRIEVANCE REPORTS

Grievance Report: Level I

Name of Aggrieved:__________________________________________________________________

Home Address:______________________________________________________________________

Home Telephone:            ____________________________ Position: __________________________

Date of Violation: ___________________________ Date of Grievance: _________________________

Nature of Grievance: Describe in fullest detail the incident and the numbers of the Contract Articles allegedly violated, misinterpreted, or misapplied. (Supportive data may be attached).

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Remedy Sought:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Grievant:   _________________________________Association Rep:___________________________

Procedure Documentation

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Submission date:               LEVEL I______________________________

Response to LEVEL I due date:__________________________________

cc:         

Principal (or Supervisor)

Aggrieved

BERKLEY SCHOOL DEPARTMENT

GRIEVANCE REPORT: LEVEL II

Name of Aggrieved:       ______________________________________________________________

Home Address:_____________________________________________________________________

Home Telephone:            ____________________________   Position: _________________________

Date of Violation: ___________________________ Date of Grievance:_________________________

Nature of Grievance: Describe in fullest detail the incident and the numbers of the Contract Articles allegedly violated, misinterpreted, or misapplied. (Supportive data may be attached).

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Remedy Sought:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Grievant: ___________________________Assn. Representative:______________________

Procedure Documentation

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Submission date:                LEVEL I ______________________________________________

LEVEL II_________________________________

Response to LEVEL II due date: _______________

cc:         

Superintendent

Principal (or Supervisor)

Aggrieved

BERKLEY SCHOOL DEPARTMENT

GRIEVANCE REPORT: LEVEL III

Name of Aggrieved: ____________________________________________________________________

Home Address: ________________________________________________________________________

Home Telephone:            _____________________ Position: ___________________________________

Date of Violation: ___________________________ Date of Grievance: ___________________________

Nature of Grievance: Describe in fullest detail the incident and the numbers of the Contract Articles allegedly violated, misinterpreted, or misapplied. (Supportive data may be attached).

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Remedy Sought:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Grievant: ___________________________Association Rep.: __________________________

Procedure Documentation

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Submission date:             LEVEL I _____________________________

LEVEL II _________________________________________________

LEVEL III _________________________________________________

Response to LEVEL III due date: _______________________________

cc:         

School Committee

Superintendent Principal (or Supervisor)

Aggrieved

APPENDIX C - MOA EPI-PEN

Memorandum of Agreement

Between the

Berkley School Committee

And the

Berkley Teachers Association

Whereas, the Berkley School Committee (hereinafter "the Committee") and the Berkley Teachers Association (hereinafter "the Association" and jointly, the "Parties") have met for the purpose of discussing the issue of the administering of epinephrine (hereinafter "Epi-pen") to students by bargaining unit members.

Now Therefore, the Parties agree that Epi-pen medication will be administered to students by auto injector by teachers under the following conditions:

1.           Teachers will not be required to administer Epi-pens to students. The Committee may solicit volunteers from the bargaining unit to administer Epi-pens to students. Volunteer service will mean a commitment of one school year. Teachers may, however, volunteer for successive school years.

2.           Teachers who volunteer to administer Epi-pen by auto injector to students shall be selected, trained and tested for competency and updated on a regular basis by a physician or a school nurse according to the regulations of the Massachusetts Department of Health. Such training and testing shall take place during the regular work day of the volunteer(s).

3.           The Committee will indemnify such volunteers to the full extent permitted by M.G.L c.258, §9, including furnishing legal counsel at the teacher's request, in any court or Commonwealth of Massachusetts Department proceedings brought against the teacher as a result of the administration of the Epi-pen to a student.

4.           The Committee policy governing the administration of Epi-pen shall incorporate this Memorandum.

5.           The volunteering teacher shall be provided with written instructions which clearly state: the specific circumstances under which such teacher will be responsible for administering of the Epi-pen; how the teacher will recognize the need for medical assistance, where the Epi-pen will be and the time period for which the teacher will be responsible; that the student's parent and physician have authorized Epi-pen administration by a trained teacher. Such teacher shall be responsible for administering the Epi-pen only in the case of clearly identified emergencies when licensed personnel are not immediately available. However, at all times that such teacher is responsible for the administration of the Epi-pen, a school nurse shall be on duty and available by phone, intercom or other means of voice communication.

6.            A teacher's good faith effort to administer the Epi-pen shall not be subject to evaluation or subject to discipline. Teachers who do not volunteer will not be subject to discrimination, prejudice or sanction.

7.           This Agreement shall become part of the collective bargaining agreement between the Berkley School Committee and the Berkley Teachers association

In Witness Where of, the Parties attest to their agreement herein by hereby affixing their seals on the twenty-first day of September, 2000.

IN WITNESS WHEREOF, the parties hereunto set their hands and seals the ______day of ___________, 2012.

Berkley Teachers' Association                                  Berkley School Committee

________________________                                    ____________________________

________________________                                    ____________________________

________________________                                    ____________________________

________________________                                    ____________________________

________________________                                    ____________________________

________________________                                    ____________________________

________________________                                    ____________________________