Pittsfield

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DistrictPittsfield
Shared Contract District
Org Code2360000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyBerkshire
ESE RegionBerkshires
UrbanUrban Supt Network
Kind of Communityurbanized centers
Number of Schools12
Enrollment6072
Percent Low Income Students50
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document AGREEMENT

AGREEMENT

BETWEEN

THE PITTSFIELD SCHOOL COMMITTEE

AND

THE UNITED EDUCATORS OF PITTSFIELD

AUGUST 25, 2012 through AUGUST 24, 2015

AGREEMENT

This AGREEMENT is made and entered into by and between the Pittsfield School Committee (hereinafter referred to as the COMMITTEE) and the United Educators of Pittsfield, MTA/NEA (hereinafter referred to as the UEP).

ARTICLE I RECOGNITION

A. The COMMITTEE recognizes the UEP as the exclusive bargaining agent for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment for:

All full and part-time classroom teachers, guidance counselors, department heads, team and unit leaders, head teachers, Supervisors of Attendance, coaches, librarians, media specialists, teachers of students with special needs, speech therapists, caseworkers, clinical social worker, in-house suspension teachers, peer mediation counselors, certified ESL teachers, Supervisors of Vocational Education, Instructional Technology Specialists, evening school teachers, ABE teachers, TPP instructors, mentor teachers, school nurses, school nurse leader, occupational therapists, physical therapists, academic coaches, and extra-curricular personnel, excluding the Superintendent, Assistant Superintendents, substitute teachers and all other employees of the school system.

B.        Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as "teachers".

C.        Classroom teachers shall include all members of the unit who regularly instruct groups of students.

ARTICLE II MANAGEMENT RIGHTS

A. The operation and management of the Pittsfield Public Schools, and the supervision of the teachers and of their work, are the rights of the COMMITTEE alone. These rights include, by way of illustration and without being limited to, the following: the right to make reasonable rules to assure orderly and effective work; to make and oversee the implementation of educational policy; to determine the quantity and types of educational

equipment and materials to be used; to introduce new methods and facilities; to make and institute work schedules; to determine what and where duties will be performed and by whom; to evaluate teachers competency; to hire, transfer, promote, layoff, and recall teachers; and to demote, discipline or discharge teachers for just cause.

B.        The foregoing enumeration of the COMMITTEE'S rights shall not be deemed to exclude other rights not specifically set forth, the COMMITTEE therefore retaining all rights not otherwise specifically restricted by this Agreement.

C.        The failure by the COMMITTEE to exercise any of the rights as provided in this Article shall not be construed as a waiver of these rights nor of any of the rights of the COMMITTEE to control, operate and manage the schools. Nothing contained in this Agreement shall be construed or deemed to constitute a waiver of or any restriction upon the inherent rights of the COMMITTEE except that none of these rights shall be exercised by the COMMITTEE contrary to any specific provision of this Agreement.

D.        Except when it can be shown that conduct or action by the COMMITTEE is in violation of a specific provision of this Agreement, such conduct or action shall not be subject to the grievance or arbitration procedures of this Agreement.

ARTICLE III POLICY AND PRACTICE

A.        The parties acknowledge that during the negotiations which resulted in the Agreement, each had unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the undertakings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth by this Agreement.

B.        Any previously adopted policy, practice, rule, or regulation existent which is in conflict with any provision of this Agreement is superseded and replaced by the applicable provision of this Agreement.

C.        Any previously adopted policy, practice, rule or resolution of the COMMITTEE which effects mandatory subjects of bargaining regarding wages, hours or conditions of employment of bargaining unit employees will not be changed by the COMMITTEE without affording the UEP notice and an opportunity to bargain regarding the impact of the change prior to its implementation.

D.        The COMMITTEE shall not during the life of this Agreement adopt any policy, practice, rule, or regulation with respect to wages, hours, standards of productivity and performance, and any term and condition of employment inconsistent with the terms of this Agreement, without prior negotiations. Such negotiations shall not compel either party to agree to a proposal or make a concession.

E.         As to every matter not covered by this Agreement, the COMMITTEE retains all the powers, rights and duties as set forth in Article II and may exercise the same without any such exercise being made the subject of negotiations and/or arbitration proceedings. The COMMITTEE may bring such matters to the UEP for discussion for the purpose of obtaining input from the UEP. The introduction of such matters by the COMMITTEE does not constitute a basis for negotiations and/or arbitration proceedings on such matters.

F.         The UEP may bring such matters to the COMMITTEE for the purposes of providing input by the UEP. The introduction of such matters by the UEP does not constitute a basis for negotiations and/or arbitration proceedings on such matters.

G.        During the life of this Agreement, the parties hereto may, by mutual consent, amend this Agreement.

ARTICLE IV NO STRIKE

A. The parties agree that there shall be no strikes of any kind whatsoever, no work stoppages, withholding of services, slowdowns, or interference with or interruption of the functioning of the school system by any teachers or the UEP.

B.        Nor shall there be any strike or interruption of work because of any disputes or disagreements between any other persons, Employers, Associations, Federations or Unions who are not signatory parties to this Agreement.

C.        Teachers who violate this provision shall be subject to disciplinary action, including discharge for just cause.

D.        The Committee reserves the right to immediately pursue all legal courses of action against both the UEP, its affiliates and the teachers in the event of a strike as defined above, including their right to go to Arbitration as set forth in Article V of this Agreement.

ARTICLE V GRIEVANCE PROCEDURE Section 1. Definitions

A.        A "grievance" is a complaint that there has been a violation, misinterpretation, or misapplication of this Agreement or any amendment or supplement thereto.

B.        A "grievant" on any issue covered by the terms of this Agreement is any teacher, group of teachers having a common grievance, or the UEP.

C.        A "party of interest" is a grievant, witness, person, group of persons or organization who might be required to take action or against whom action might be taken in order to resolve the grievance.

Section 2. Procedures

A.       Level One: (Immediate Superior Level)

1.      A grievant will first discuss a complaint with the immediate superior together with or through a UEP representative if the grievant so desires, with the objective of directly resolving the matter informally.

2.      If the grievance is not resolved informally, the grievant may submit directly, together with or through the UEP, a written grievance to the principal of the building or to the immediate superior of the grievant. Within ten (10) calendar days

after receiving the grievance, the   principal     or     immediate     superior     shall communicate his decision in writing.

B.        Level Two: (Superintendent Level)

1.      The decision of the building principal or the immediate superior may be appealed in writing by the aggrieved directly, together with or through the UEP to the Superintendent of Schools or his designated representative within ten (10) calendar days after the decision of the principal or immediate superior has been received by the aggrieved.

2.      The Superintendent of Schools or his designated representative shall meet with the aggrieved directly, together with or through a UEP representative, within ten (10) calendar days after receipt of the appeal.

3.      The Superintendent of Schools shall submit a decision in writing within ten (10) calendar days.

4.      If the grievance involves a personnel matter and is not resolved at this level it may be submitted directly to Level Four (Arbitration)

C.        Level Three: (School Committee Level)

1.      If the grievance is not resolved at Level Two and involves a contract interpretation issue, the grievance may be appealed in writing to the School Committee within ten (10) calendar days after the decision has been received by the aggrieved and the UEP.

2.      The School Committee or the Negotiating Subcommittee of the School Committee shall meet with the grievant and the UEP representative in executive session within fifteen (15) calendar days of receipt of the appeal.

3.      The School Committee shall communicate its decision in writing within fifteen (15) calendar days of the meeting with the grievant and the UEP representative.

D.       Level Four: (Arbitration)

1. If the grievance is not settled at Level Three and the UEP determines the grievance is meritorious, it may file for Arbitration. If the UEP files for Arbitration, it shall notify the Committee within thirty (30) calendar days of the decision at Level Three. The filing of a written demand for Arbitration with the AAA shall be the method of notifying the COMMITTEE of the UEP'S intent to appeal. The date postmarked on the envelope containing the AAA demand shall be deemed the date of filing.

2.      The arbitrator so selected will confer with representatives of the School Committee and the UEP and hold hearings promptly, and will issue his decision not later than twenty (20) days from the date of the close of the hearings; or, if oral hearings have been waived, then from the date the final statements and evidence are submitted to him. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision that requires the commission of an act prohibited by law, or that is violative of the terms of this Agreement. The arbitrator shall be without power or authority to extend beyond the submission agreement, or to add to, delete from, modify or alter the terms of this agreement. The decision of the arbitrator shall be submitted to the School Committee and to the UEP and shall 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 UEP provided, however, a party who cancels or postpones a hearing without the required notice to the AAA or the Arbitrator shall pay the full cost of any fees of the AAA and/or the Arbitrator.

4.    If the COMMITTEE claims the UEP has violated any provisions of Article IV, the No Strike Clause, it may present such claim to the UEP, in writing, and if the parties fail to settle the matter within ten (10) calendar days, the COMMITTEE may submit the dispute to arbitration under the provisions of Level Four of this Article.

Section 3. General Provisions

A.        Representation: Any "party of interest" may be represented at any level of this procedure by a person of his own choosing, except that a grievant may not be represented by an officer or a representative of any organization other than the UEP. Whenever a grievant is not represented by the UEP, the UEP shall be given five (5) days prior notice of a hearing, have the right to be present and to state its views at all levels of this procedure. The UEP shall have the right to appeal the disposition of a grievance if such disposition is alleged to be a violation of this Agreement.

B.        Timeliness: In order for a grievance to be timely, it must be filed in writing within thirty (30) days after the occurrence or knowledge of the situation, condition, or action giving rise to the grievance.

C.        Failure of a grievant to file in writing a complaint within thirty (30) days, or to proceed to the next step as provided in the procedures, shall cause the grievance to be deemed to have been waived. Failure of the COMMITTEE and/or its agents to respond as provided in the procedures at any step shall constitute a denial of the grievance and the grievant shall have the right to proceed to the next step in the procedure.

D.        Any time limits specified in the Article may be extended only by mutual agreement of both parties reduced to writing.

E.         The fact that a grievance is raised by a member of the bargaining unit, regardless of the ultimate disposition of such grievance, shall not be recorded in the employee's file nor in any file nor record utilized in the promotion process; nor shall such fact be used in any recommendations for job placement; nor shall such teacher or teachers who participate in any way in the grievance procedure be subjected to reprisal for having processed a grievance.

F.         All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants, unless the individual in question files a written request that all such documents, communications and records be included in his personnel file.

At Arbitration the grievant and the School Committee shall have the following rights:

1.   To be present at the hearing;

2.   To hear testimony;

3.   To give testimony;

4.   To call others to give testimony;

5.   To   question,   whether   personally   or   through   a   UEP   or   COMMITTEE representative, any person giving testimony.

H.        Except in cases of arbitration hearing, grievances shall ordinarily be processed at times which do not disrupt the educational programs in the schools or   interfere with the teachers' responsibilities.

I.         If grievances are processed during the school day by mutual agreement of the parties, then release time shall be provided to all parties of interest without loss of pay or benefits.

J.         Time limits expressed in this procedure shall be considered maxima and may be extended by mutual agreement.

K.        Nothing herein shall require the UEP to process a grievance through arbitration.

L.        Grievances shall be initiated at the administrative level giving rise to the grievance. If the administrator determines that the grievance has been improperly filed at his level, he/she shall so notify the grievant.

M.       The original filing shall be valid for timeliness as provided in the various levels of the grievance process.

N.        Class or group grievances involving more than one grievant shall identify the class affected by the grievance at Level One of the grievance procedure.

O.        At a School Committee grievance hearing, the UEP and/or the teacher shall have the right to fully present their position regarding the grievance, including the right to speak on their own behalf, to have UEP representation, and to produce support for their position through documents or other persons.

ARTICLE VI

WORKING CONDITIONS

Section 1. Work Year

A.        The work year of teachers, except as set forth below for new personnel, shall be 183 days. The instructional work year will begin no earlier than September 1, and will terminate no later than June 30. Input from the UEP will be solicited in developing the school calendar.

B.        Department heads may be required to work up to five (5) additional days each school year. These days will be scheduled by mutual agreement of the department head and building principal. Any such days worked shall be compensated as set forth in XV § 3.

C.        The mandatory work year for guidance counselors may be extended by the building principal, up to a total of forty (40) days for the counselors at each high school, and up to a total of twenty (20) days for the counselors at each middle school, as follows:

1.   the five working days immediately after the end of the school year, and the five working days immediately before the start of the teachers’ work year, may be required work days for any or all guidance counselors;

2.   other days that may be required, as set forth below, shall be scheduled by the building principal in consultation with the counselor;

3.   the guidance department head at each high school may be required to work up to twenty (20) additional days per contract year between the end of one school year and the start of the next; and

4.   all other guidance counselors may be required to work up to ten (10) days per contract year between the end of one school year and the start of the next.

D.        New personnel may be required to attend orientation and training of up to two (2) additional days in the week preceding the start of the teachers’ work year. New personnel may also be required to attend annually up to five (5) sessions of orientation or training, each session not longer than three (3) hours in length, during the first three years of employment.

Section 2. Work Day

A.           Except as set forth in subsection B, below, commencing with the 2004-05 school year, the workday for teachers will be as follows:

1.   Elementary Level:

a.      Reporting time:                             8:30 a.m.

b.      Start of instructional time:             8:45 a.m.

c.      End of instructional time:              3:15 p.m.

d.      End of workday:                           not earlier than 3:25 p.m., otherwise as decided pursuant to § 2.E., below

2.   Middle School Level:

a.      Reporting time:                             7:25 a.m.

b.      Start of Instructional time:             7:35 a.m.

c.      End of Instructional time:              2:28 p.m.

d.      End of workday:                           2:35 p.m.

3.   High School Level:

a.      Reporting time:                             7:20 a.m.

b.      Start of instructional time:             7:25 a.m.

c.      End of instructional time:              2:20 p.m.

d.      End of workday:                           2:29 p.m.

Notwithstanding the above, a modified and/or evening schedule shall be allowed. Any such schedule must be approved by both parties.

B.           The COMMITTEE, with prior consultation with the UEP, may annually schedule the start of the elementary instructional day between 8:40 a.m. and 9:10 a.m.; the start of the middle school instructional day between 7:35 a.m. and 8:05 a.m.; and the start of the high school instructional day between 7:25 a.m. and 7:55 a.m. Whenever the COMMITTEE acts pursuant to this subsection it shall ensure that the difference in total minutes between a teacher’s contractual reporting time and the start of the instructional day, the difference in total minutes between the end of the instructional day and the end of a teacher’s contractual workday, the total number of minutes between a teacher’s reporting time and the end of her/his contractual workday, and the total number of minutes in the instructional day, shall be as set forth in § 2.A of this Article.

C.          Ten   (10)   half-days   of   in-service                training shall be provided to members of the bargaining unit during the school year. The content of eight (8) of these half-days shall be District driven, and two (2) of the half-days shall be teacher driven (Note: The parties agree to reopen the contract regarding the preceding sentence upon the conclusion of the 2012-2013 school year). The type of professional development (i.e., District driven or teacher driven) will be included in the school calendar commencing with the 2013-2014 school year. A Professional Development Committee, chaired by the Deputy Superintendent, shall be convened quarterly and will include the following: members selected by the UEP, members of the curriculum department, members of the technology department, school principals, the Director of Special Education (or designee), and members of the PEAA.

The goal of the Professional Development Committee will be to work collaboratively in developing both district and site based professional development plans. These plans will balance required compliance training, with content specific, and site based needs. All professional development shall be centered on opportunities for professional growth that will align with district goals – specifically the advancement and achievement of students. In doing so, professional development opportunities will support the professional recertification of unit members in a timely manner.

An annual professional development survey will be developed to gather feedback regarding the efficacy of the professional development programs and the needs of unit members. The Professional Development Committee will recommend a Professional Development Plan to the Superintendent for his/her review. The Superintendent will prepare a final plan, which will be provided to the Pittsfield School Committee. The Professional Development Committee chairperson will issue a request for proposals (RFP) prior to the December break that will include an RFP form created jointly by the Professional Development Committee. Staff members must submit their proposal(s) on or before the Friday before February break. After the Professional Development Committee vets and the Superintendent approves, all approved proposals will be posted by April 30th for staff to choose his/her professional development workshop(s). The staff will then have five (5) school days to complete and submit their choice(s) in writing to the Professional Development Committee. Staff member(s) who do not submit their selections within that timeframe will be assigned to professional development by the Professional Development Committee chairperson. No later than the last day of school, all facilitators will be informed as to which workshops will be running in the subsequent school year. All staff members will be informed of their workshop assignments as soon as possible.

To facilitate this process, the UEP will distribute a communication explaining the RFP process, including how to fill out the RFP form with an example and a timeline, by November 1st (for the 2012-2013 school year only, the date shall be November 30th). Bargaining unit members who are chosen to present professional development shall receive one-half hour of compensation at the Workshop Leader Teacher hourly rate for every hour of presentation (i.e., if a bargaining unit member provides a three hour presentation, the member will receive one and one-half hours of compensation).

D.           The COMMITTEE and the UEP shall establish a study group on academic and other aspects of student scheduling. The plan or plans developed, if recommended by the study group, and approved by the building principals and the Superintendent of Schools, shall be submitted to the COMMITTEE and the UEP for ratification.

E.            It is expected that, in compliance with D.E.S.E. evaluation guidelines, staff will attend to reasonable parent/student requests for assistance in a timely fashion. The Committee and UEP agree that teachers may meet with parents and/or students to provide academic assistance outside contract  hours up to forty (40) minutes per week during work to rule.

Section 3. After School Meetings

A.        Teachers may be required to remain after the end of the regular workday without additional compensation for no more than two (2) staff meetings each month to commence no later than fifteen (15) minutes after the end of the instructional day and teachers will not be required to remain more than one (l) hour after the meeting begins.

B.        Such meetings are not cumulative and shall deal exclusively with matters related to education or school management.

C.        In regard to specialists who are assigned to more than one (1) building, said specialists will attend the staff meetings scheduled at the school where they are assigned the majority of the time. If a specialist is scheduled an equal amount of time in more than one (1) building, then the specialist will be assigned to attend staff meetings on a case-by-case basis, but in no event will he/she be required to attend more staff meetings than provided in section A above.

Section 4. Evening Meetings

A.  Teachers may be required to attend three (3) evening meetings a year including National Education Week programs. In those schools and classes where parent-teacher conferences are held in lieu of the written report card teachers may be required to attend two (2) additional evening meetings.

B.  Evening meetings shall be defined as any required meeting after regular school hours excluding weekends and meetings covered under Section 3 above or elsewhere in the contract. These meetings may not exceed three (3) hours in length and cannot extend beyond 9:00 p.m. Additionally, two (2) evening meetings cannot occur on the same day. The COMMITTEE will make every effort to ensure that the Principal or his/her designee remain in the building for the duration of each evening meeting.

Section 5. Lunch Period

Teachers shall be provided with a duty-free lunch period of thirty (30) minutes. The thirty (30) minutes will be consecutive and uninterrupted.

Section 6. Assignment

A.       A Middle School or High School teacher may be assigned outside his or her area of certification as allowed by the Massachusetts Department of Education provided that a full-time teaching schedule is maintained by all other teachers possessing certification in the subject involved.

B.        Teachers shall be consulted when changes in grade assignment or subject in Elementary and subject assignments in Middle School and High School are contemplated by the administration. Such changes in assignment shall be voluntary whenever possible.

C.        Consistent with the above, employees shall be notified of their assignment for the succeeding school year as early as possible but no later than August l.

Section 7. Teaching Load

A. Elementary School Teachers

1.   Elementary teachers will be provided with five (5) preparation periods during any five (5) day teaching cycle with one (1) preparation period daily. Teachers will not be responsible for the preparation or distribution of plans/materials used by employees assigned to cover preparation periods not covered by specialists. Summer curriculum workshops and one workshop day during the school year may be provided to develop instructional activities for the periods not covered by a specialist.

2.   Elementary principals will provide time during the school day for elementary teachers to confer with special education teachers about students.

3.   Each elementary school will establish their own lunch and recess schedules. This will be done using the principle of site-based decision making.

The COMMITTEE and the UEP shall establish a study group on the scheduling, assignment of duties, and other aspects of the work of elementary subject area specialists. As used in this paragraph the term “elementary subject area specialist” shall be understood only to denote a teacher of art, music, library-media skills, physical education, and natural science at the elementary grade level.   The plan or plans developed, if recommended by the study group, and approved by the building principals and the Superintendent of Schools, shall be submitted to the School Committee and the UEP for ratification.

B.    Middle School Teachers.

1.   The workday for teachers in the Middle School will be seven (7) periods a day on non-activity/club days and eight (8) periods a day on activity/club days.

2.   Teachers in the middle schools will normally be assigned to not more than twenty-five (25) teaching periods or the equivalent. Full-time teachers will be guaranteed an individual preparation period or its equivalent during each instructional day and two (2) or more periods of common planning time per week. Team teachers will have no more than three (3) supervisory periods per week. Full-time non-team teachers with less than twenty-five (25) instructional periods per week will not have more than seven (7) supervisory periods and no more than two (2) per day.

3.   Teachers in the middle school may volunteer with the agreement of the principal and the UEP to teach additional class periods to a maximum of 27. Teachers so assigned 27 periods will have three (3) supervisory periods eliminated. Teachers so assigned 26 periods will have two (2) supervisory periods eliminated. Teachers so assigned 25 periods will have one (1) supervisory period eliminated.

4.   It is agreed that if any two (2) activity/club periods per week are scheduled, teachers may be assigned on a voluntary basis to supervise said activity/club period or be assigned to a directed-study activity.

5.   Full-time teachers who spend a minimum of three (3) periods daily in Grades 7 or 8 shall have a schedule of five (5) teaching periods, one (l) supervisory period and one (l) preparation period.

6.   It is agreed that if two (2) club periods per week are scheduled in Grades 6, 7 and 8, teachers may voluntarily supervise said club periods, and/or instead, be assigned to supervise study periods.

C.    High School Teachers

1.   Teachers at the high school will work a seven (7) period day. High school academic teachers will normally be assigned to not more than twenty-five (25) teaching periods and five (5) student supervision periods each week. Full-time high school teachers will have one (1) preparation period or the equivalent each instructional day. No teacher will be assigned to more than two (2) days of six (6) teaching periods. Any teacher assigned one such six (6) period teaching day will have no more than four (4) supervisory periods each week. Any teacher assigned two (2) such six (6) period teaching days will have no more than three (3) supervisory periods each week.

2.   A Directed Study Hall is a supervisory responsibility. A Directed Study Hall has students assigned to a classroom under the supervision of a teacher who is available to provide instructional assistance.

3.   Science teachers may apply to teach up to 27 periods and will have supervisory periods assigned according to the following chart. No more than two (2) science teachers will have five (5) class assignments which result in a schedule of up to 27 periods due to labs in a high school's science department annually.

Teach          Preparation        Supervision Lab

25                    5                    4*             1*

26                    5                    2              2

27                    5                    1              2

The lab assignment for science teachers will not be supervisory but, with teacher permission, students may assist.

*This schedule will be put in place wherever possible and this issue will be revisited by the parties during the last year of the contract.

4.      Academic teachers may volunteer with the agreement of the principal and the UEP to teach up to thirty (30) periods per week for an elective course that would normally not run because of low enrollment (8 or under) or due to scheduling conflicts. It is understood that any such voluntary assignments will not substantially increase the supervisory responsibilities of other teachers during the course of the school year. Such requests will be submitted to the UEP as early as possible but no later than June 1 and will be returned to the principal within two (2) weeks on the form provided herein. (Said form to be jointly developed).

5.      All full-time high school                      career/vocational teachers may be assigned to not more than thirty (30) periods per week and will have one (1) uninterrupted preparation period each school day.

6.      High school physical education and physical education/health teachers will be assigned not more than twenty-six (26) periods per week and will have one (1) uninterrupted preparation period each school day.

7.      Team Leaders and Department Heads supervising the equivalent of four full-time teachers or less will teach five (5) periods each day, have one (l) period for performing their supervisory functions, and have one (l) preparation period.

8.      The Head Teacher of the Alternative School shall have a schedule consisting of three days teaching and two days for supervision.

9.      Department Heads supervising the equivalent of at least five but no more than 10 full-time teachers will teach four (4) periods each day, have two (2) periods for performing their supervisory functions and have one (l) preparation period.

10.     Department Heads supervising the equivalent of at least eleven (11), but no more than fifteen (15) full-time teachers will teach three (3) periods each day, have three (3) periods for performing their supervisory functions and have one (1) preparation period.

D.     Loss of Preparation Time on Instructional Half-Days

A teacher who, on any scheduled half-day of instruction, loses her/his preparation period or a portion thereof because of the schedule on that day, shall not be entitled to the replacement or restoration of the lost preparation period or portion thereof on any other day.

E.         Conferring with Other Teachers on Special Needs

All principals will provide each special education teacher in grades 9 through 12 with one (1) period per week to confer with other teachers about students’ special education needs. All principals in grades PK through 8 will make a reasonable effort, provided there is no additional cost to the District, to provide each special education teacher with one (1) period (or its equivalent) per week to confer with other teachers about students’ special education needs.

Section 8. Subject Preparation

A.        Middle School and High School teachers will not be required to teach more than two (2) subjects nor more than a total of three (3) teaching preparations within said subjects at any one time, except that a teacher may elect more preparation in order to maintain a full teaching schedule or for other reasons.

B.         Academic Facilitation

1.      ”Academic Facilitator” Defined

Nothing in this section or elsewhere in this Agreement shall be understood to prevent a secondary teacher’s being required to perform the duties of an academic facilitator. As used herein “academic facilitator” shall mean the role that a secondary (middle or high school) teacher plays during extended homeroom periods, or time otherwise scheduled during the teacher’s regular work day, when that teacher may be directed to meet with students to review their individual registration schedules for the next school year, discuss with them their academic progress and long-range educational and school-related personal goals, and make referrals to individual students’ guidance counselors based on such interactions.

2.      Restrictions on Time

a.            Time formally dedicated to academic facilitation during the school year through extended homerooms or other means shall be limited to not more than six (6) periods or their equivalent during the school year. Routine homeroom activities, including the distribution of report cards, shall not count as time formally dedicated to academic facilitation.

b.            No teacher shall be denied a preparation period, as set forth in § 7.B.1 and C.1 of this article, as a result of requirements that she/he perform duties as an academic facilitator.

3.      Restrictions on Duties and Performance Evaluation

a.            No teacher functioning as an academic facilitator shall be obliged to make specific recommendations to a student for a course or program of study; nor shall any such teacher be obliged to function in a manner that is appropriate to a guidance counselor.

b.            No teacher shall incur personal liability as a result of her/his performance of academic facilitator duties, and the quality of a teacher’s performance as an academic facilitator shall not be subject to the formal evaluation procedure for teachers as set forth elsewhere in this Agreement.

4.      Restrictions on Group Size

No teacher functioning as an academic facilitator shall be assigned a group of students that exceeds twenty (20) in size, and the average size of all such groups in a given school building shall not exceed sixteen (16) students. A teacher shall have the right to meet with the principal of her/his building to discuss the size and composition of the group of students she/he has been assigned.

Section 9. Elementary Recess

There will be a fifteen (15) minute recess period daily in the elementary schools, as defined by staff. Each elementary school teacher will be off duty for such recess period every other day.

Section 10. Teacher Facilities

A.        Each teacher will have the following facilities:

1. Safe storage space for instructional materials and supplies (e.g., closet, file cabinet, or desk with a functional lock and key).

2. A serviceable desk and chair.

B.        Each itinerant teacher shall be provided with a safe storage space for instructional materials and supplies at each work location. Such storage facilities may be shared by the teachers assigned to that particular work location on a regular schedule.

C.        Teaching facilities shall be scheduled so as to provide the fullest appropriate utilization of the facilities and staff available in the best interests of the educational programs in the schools.

Section 11. Parking

An adequate portion of the parking lot at each school will be reserved for teacher parking.

Section 12. Moving of Classes

In the event that a class is to be relocated either within a building or to another building, the teacher shall be provided assistance for the transporting of furniture and supplies.

Section 13. Classroom Interruptions

A.        Classroom interruptions shall be prohibited except for good cause.

B.        Public address systems and classroom phones shall not be used while classes are in session except for good cause.

Section 14. Textbooks

A.        Teachers shall be provided with sufficient textbooks for every student assigned to the class if the use of such textbooks by each student is required by the course of study.

B.        Teacher's editions shall be provided together with standard tests, workbooks, and manuals if available.

Section 15. TEAM Evaluations

Teachers shall have the right to make referrals for TEAM Evaluation Assessments, to participate in the evaluation sessions, and to make suggestions for changes in the student's educational program.

Section 16. Health and Safety

A.        The COMMITTEE shall maintain health and safety standards as required by law.

B.        Student health problems which may affect classroom performance shall be made known to teachers upon the admission of the student to school, to the extent permitted by law.

C.        Essential safety equipment for all science and career/vocational classrooms and all other school locations shall be provided. Science and career/vocational teachers shall notify their principal as soon as possible upon learning of any safety equipment that is missing, lacking or not functioning.

D.        Teachers recognize that a healthy and safe school environment is a shared responsibility. Teachers will be safety conscious and work with the COMMITTEE to ensure a safe school environment.

E.        Teachers may be required to comply with administrative measures taken to ensure the safety of staff and students, the security of school property, and the security of the school building or other facility to which they are assigned, such as wearing of identifying badges or emblems.

Section 17. A-V Equipment

Audio-visual equipment shall be kept in good repair and made available for use.

Section 18. Medical and Additional Services by Teachers

A. The COMMITTEE and the UEP acknowledge that a teacher's primary responsibility is to teach and that his/her energies should, to the extent possible, be utilized to this end. Therefore, they agree to take the following steps:

1.  Teachers will not be required to administer medical exams, or supervise eye or ear examinations, dispense medication, weigh or measure students, or to drive pupils to activities which take place away from the school building.

2.  The COMMITTEE agrees to relieve teachers to the extent possible, from performing non-teaching administrative, clerical, and supervisory tasks (such as study halls).

Section 19. Class Size

A.        The parties recognize the desirability of achieving optimum teaching conditions by assuring workable class sizes. To this end, and to the extent possible within existing facilities and available staff, the COMMITTEE recognizes that it is desirable to attempt to reach the class size maximum set for in subsections B and C, below.

B.        1.      Elementary School Maximum Class Sizes

Grades K-3     18

Grades 4-5      22 2.    If there are insufficient numbers of classrooms to accommodate the numbers described above, then a teacher-pupil ratio of 1:18 should be maintained in Grades K, 1, 2, and 3, and a teacher-pupil ratio of 1:22 should be maintained in grades 4 and 5. These ratios are calculated exclusive of remedial reading, resource room, or Title 1 teachers.

C.        Middle and High School Maximum Class Sizes:

1.      Academic subjects

(including science laboratories)         24

Grade 6                                          22

Technology                                     24

Technology using power tools          15

Physical Education                          35/teaching station

Band and Choral instruction             no limit

Visual Arts, technology, science       not more than number of work stations

2.      Caseloads of English and science teachers should not exceed 100 students

3.      Class size in career/vocational programs should adhere to Chapter 74 regulations

D.        The Superintendent of Schools and the UEP will work cooperatively towards the goals set forth herein.

E.         Teachers who extend services to special needs students shall have classes and caseloads that fall within state regulations, with violations subject to the grievance procedure set forth in Article III, above; provided, however, that the decision of the COMMITTEE will be final as to the disposition of the dispute within the grievance procedure.

Section 20. Itinerant Teachers

A.        Itinerant teachers shall have no less than fifteen (15) minutes of travel time scheduled when traveling from school to school.

B.        Such travel time shall not be scheduled so as to interfere with itinerant teachers' lunch period.

Section 21. Substitute Teachers

A.        It is agreed that substitute teachers are not members of the bargaining unit and are not entitled to the benefits of this contract. If a teacher is ill or otherwise unavailable, every reasonable effort will be made to secure a substitute teacher before a regular teacher is asked to substitute.

Section 22. Solicitation of Funds

Teachers shall not be required to participate in solicitation of student funds for any reason. Teachers shall not be held liable for lost or stolen funds collected for business or commercial companies.

Section 23. Teacher Evaluations - Personnel Files

A.        The COMMITTEE and UEP have agreed to implement and abide by the attached evaluation system, which is hereby made an Appendix to this Agreement. For the 2012-2013 school year only, any timelines contained in the evaluation system prior to December 15th will be delayed to commence four (4) weeks after ratification of the Settlement Agreement by both constituent parties and training has been completed.

B.        The COMMITTEE shall not use any type of mechanical, electronic, or intercom device for the purpose of monitoring or recording the performance of any teacher unless such teacher wishes to use such a device for self-improvement purposes.

F.         Evaluations shall not be placed in a teacher's file unless the teacher has had the opportunity to read the material. The teacher shall acknowledge that such material has been read, by affixing the teacher's signature on the copy to be filed. Such signature shall merely signify that the material has been read and is not to be construed to mean that the teacher agrees with the contents. The evaluator will sign the form before giving it to the teacher. The teacher must return the form signed within five (5) school) days. At the time the teacher returns the signed form, the teacher will indicate whether he or she intends to make a formal written response. The teacher has thirty (30) days from the time he or she receives the form to make the response.

G.        Teachers shall be given a photocopy of each evaluation.

H. A teacher shall have the right, an appointment having been made in advance, to inspect the contents of his or her personnel file, where kept, and to reproduce any part therein. Such teacher shall have the right to have a UEP representative present during inspection.

Any document in the personnel file must be photocopied upon request of the teacher. Teachers may have their entire personnel file photocopied for a nominal fee provided that request is submitted in writing one (1) week in advance.

I.         All material placed in a teacher's personnel file will be signed and dated. No material of any nature shall be included in or removed from any teacher's personnel file without the knowledge of the teacher. No material derogatory to a teacher's conduct, service, character, or personality will be placed in this personnel file unless the teacher has acknowledged that he/she has had the opportunity to review such material by affixing his signature within three (3) days to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material and his answer shall be reviewed by the Superintendent and attached to the file copy.

J.         The teacher's personnel file shall be maintained in the Personnel Office and shall be the only official file. Personnel files of individual teachers shall be available for inspection by the teacher, the teacher's supervisor, members of the Superintendent's cabinet, the School Committee and/or its representatives. Other administrators shall have access to the files only if the teacher is an applicant for a position under the direct authority of that administrator, and the time and date of such access shall be noted on a log attached to the file.

K. All examinations of the personnel file will be in the Personnel Office. A Table of Contents will be prepared for the personnel file of each newly employed teacher. Assistance will be provided to currently employed teachers to develop a Table of Contents for their personnel file.

Section 24. Fair Employment

A.        No teacher shall be disciplined, reprimanded, reduced in rank or compensation, separated or discharged, or deprived of any professional advantage without just and sufficient cause.

B.        In the event that a teacher is to be disciplined, reprimanded, reduced in rank or compensation, deprived of any professional advantage, separated or otherwise discharged, such employee shall be given the reasons therefore in writing prior to carrying out such action, except for verbal and written reprimands and exigent circumstances.

C.        A teacher has the right to be represented by the UEP in any meeting with more than one member of the administration when there is probable cause to believe that the purpose of the meeting is for disciplinary action.

D.        Teachers Without Professional Status may be terminated in accordance with the provisions of Chapter 71 of the General Laws of Massachusetts. Notwithstanding any other provision of this Agreement, no action of the School Committee or the Superintendent of Schools with respect to the retention or non-retention of a Teacher Without Professional Status and no action of any official of the school system based upon such action of the COMMITTEE or the Superintendent of Schools shall be made subject to the arbitration provision of this Agreement.

E.         Either arbitration or the procedures described under Chapter 71 of the General Laws of Massachusetts may be selected by a Teacher With Professional Status as the method of resolution of a grievance under this Article. The method elected shall be the exclusive method notwithstanding any contrary provisions of Chapter 71 of the General Laws of Massachusetts.

F.         Physical Therapists and Occupational Therapists who have not completed three (3) full school years of employment with the Pittsfield Public Schools are employees at-will, and may be terminated without cause. Any such decision is not subject to the grievance and arbitration procedure. Any Physical Therapist or Occupational Therapist who has completed three (3) full school years of employment with the Pittsfield Public Schools shall not be disciplined, reprimanded, reduced in rank or compensation, separated or discharged, or deprived of any professional advantage without just and sufficient cause.

Section 25. Seniority

A. System-wide seniority is defined as the length of service in Unit A of the Pittsfield Public Schools. Periods of service interrupted by a break due to resignation, retirement, termination or work outside of the unit shall not be added together to determine system-wide seniority. The employment date is the date that a teacher began functioning solely in a Unit A capacity, either by continuous service or by receiving a percentage of the regular teachers' salary scale. Unpaid leaves of absence are not included in determining the length of service.

1.   Members of the bargaining unit who continue in the employ of the Pittsfield Public Schools and who perform work outside of Unit A for a period of less than three (3) years shall have their seniority restored upon their return to Unit A.

2.   Members of the bargaining unit who continue in the employ of the Pittsfield Public Schools and who perform work outside of Unit A for a period of more than three (3) years shall have seniority restored up to four (4) years upon their return to Unit A.

B. The school system shall prepare a seniority list which indicates the dates of employment of all members of the bargaining unit, the area of certification of current assignment and all areas of certification held by the teacher. The UEP shall be supplied with this list by October 15 and said list shall be kept current by the Administration.

Section 26. Lay-Off and Recall

A.        Layoffs

1. In the event of a cutback in personnel within the school system, teachers shall be laid off on a seniority basis. The seniority list as defined in Article IV, Section 25 shall be examined to determine (a) the least senior teacher currently assigned in the area of certification affected by the cutback, and then (b) the least senior of the teachers of lesser seniority than the teacher identified in (a) above assigned in any area of certification held by teacher identified in (a) above,     if     any.          This   identification process shall be repeated in order to determine the least senior teacher to be laid off. 2.      A teacher to be laid off must be given notice of layoff by May 15th for Teachers Without Professional Status and on/or before June 1st for Teachers With Professional Status.

B.       Recalls

1.      A recall list shall be established by the school system. Such list shall consist of the names of the affected teachers and date of lay off. These teachers shall be rehired before any new teachers are hired for positions for which any laid off teacher is certified. Such rehiring shall also be based on seniority, i.e., the person who was laid-off last shall be the first re-employed. The UEP shall be provided with the recall list which shall be kept current.

2.   A teacher will remain on the recall list for five (5) years or unless said teacher has refused two (2) offerings for reemployment. Failure to respond within twenty (20) days to certified letter offering reemployment mailed to the most recent address provided to the COMMITTEE or the Superintendent of Schools shall also constitute a refusal.   After the second refusal the teacher's name will be removed from the recall list.

3. Any Teacher With Professional Status who is laid off for five years or less will upon recall be entitled to all the benefits to which he/she was entitled prior to layoff including unused accumulated sick leave, seniority, and professional status.

C.        Notwithstanding any other provision of this Agreement, the COMMITTEE or the Superintendent of Schools shall have the right to appoint, retain, recall, and hire any individual it deems qualified, from an unrestricted pool of candidates for the position of Department Head.

D.        Sections A and B above shall apply to Physical Therapists and Occupational Therapists who have completed three (3) full school years of employment with the Pittsfield Public Schools.

Section 27. Clinical Social Workers and Caseworkers

A.        Clinical Social Workers and Caseworkers assigned to the Adolescent Support Program and the Alternative School:

1.   are required to work thirty seven and one-half (37 l/2) hours per week.

2.   will be entitled to a one-half hour duty-free lunch.

3.   will be entitled to five (5) weeks vacation.

4.   do not have to report for work when scheduled school days are cancelled due to inclement weather or for other reasons, and such absences will not be counted as vacation time.

B.        Caseworkers will be placed on Step 5 of the Bachelor's salary schedule on the effective date of this Agreement and will proceed on the Bachelor's in the same manner as all members of the bargaining unit. Such compensation is to include on-call requirements.

C.       Clinical Social Workers will be placed on Step 5 of the Master's salary schedule on the effective date of this Agreement and will proceed on the Master's schedule in the same manner as all members of the bargaining unit.  Clinical Social Workers:

1.   will be entitled to the course reimbursement provisions of this Agreement, but not to the extra credit provisions.

2.   will be entitled to all legal holidays.

3.   will be entitled to all the benefits and assume all the obligations of this Agreement not specifically superseded by the provisions of this Section.

Section 28. In-House Suspension Specialist

A.       The In-House Suspension Specialist shall be assigned duties for the equivalent of six (6) teaching periods for each full school day.

B.        The In-House Suspension Specialist shall have the equivalent of one (1) full period each full school day for preparation and for consultation.

C.        Other teachers may be assigned to In-House Suspension duties as part of the supervisory responsibilities required by Article VI, Section 7 of the collective bargaining agreement.

D.        The In-House Suspension Specialist shall be paid on the teacher's salary schedule.

Section 29. Adult Basic Education (ABE)

A.        Full-time ABE teachers shall have the equivalent of one (1) full period each school day for preparation and consultation.

B.        ABE teachers are expected to teach in three (3) subject areas.

C.        Full-time ABE teachers will be paid on the teachers’ salary schedule and all teacher benefits in Article IX and XV will apply. Sections 25 and 26 of this Article shall apply to them.

D.        Article VI – Working Conditions, Section 2 does not apply to full-time ABE teachers.

E.         Appointed ABE teachers who work 12 hours or more a week will be paid in accordance with Section 19 of Article XV. They shall have layoff and recall rights consistent with Article VI, Sections 25 and 26, but only within their classification.

F.         The parties agree that Article VI, Sections 1 and 2 do not apply to part-time ABE teachers. Nor does Article VI Working Conditions, Sections 3-9; Article IX – Leaves of Absence, Sections 1-6; Article XIV – Fringe Benefits; and Article XV – Compensation, Sections 4-17.

G.        Notwithstanding the above subsection F, part-time ABE teachers who work 12 hours or more are entitled to the following benefits effective August 25, 2008:

a.   Sick Leave – seven (7) sick days per year, accumulative up to 45 days. Up to two (2) of the seven (7) sick days per year may be used for illness in the teacher’s immediate family.

b.   Bereavement Days – three (3) days per year.

c.   Longevity – based on one-half (1/2) of the amount listed in Article XV, Section 7, if they meet the criteria for years of experience.

d.   Vacation Entitlement:

i.   0-10 years            10 days pay

ii.   11+ years             17 days pay

Payment under this entitlement will be paid during school vacation periods. An employee who is entitled to this benefit will designate the specific week(s) when he/she will receive the vacation pay. The employee will make such designation by November 1. If no such designation is made, a lump sum payment will be made to the employee.

H.        Present appointed employees in the above named categories working 12 hours or more per week will be given preference by seniority for additional scheduled program hours prior to seeking outside applicants.

I.         Appointed ABE teachers who work 20 hours or more a week shall be entitled to health insurance benefits, as well as pension benefits, to the extent these are available through the City of Pittsfield for its similarly situated employees.

Section 30. Certified ESL Teachers

A.        ESL certified teachers who work 12 hours or more a week will be paid in accordance with Section 19 of Article XV. They shall have layoff and recall rights consistent with Article VI, Sections 25 and 26, but only within their classification.

B.        The parties agree that Article VI, Sections 1 and 2 do not apply to part-time ESL certified teachers. Nor does Article VI Working Conditions, Sections 3-9; Article IX – Leaves of Absence, Sections 1-6; Article XIV – Fringe Benefits; and Article XV – Compensation, Sections 4-17.

C.        Notwithstanding the above subsection B, part-time ESL certified teachers who work 12 hours or more are entitled to the following benefits effective August 25, 2008:

a.   Sick Leave – seven (7) sick days per year, accumulative up to 45 days. Up to two (2) of the seven (7) sick days per year may be used for illness in the teacher’s immediate family.

b.   Bereavement Days – three (3) days per year.

c.   Longevity – based on one-half (1/2) of the amount listed in Article XV, Section 7, if they meet the criteria for years of experience.

d.   Vacation Entitlement:

i.   0-10 years            10 days pay

ii.   11+ years             17 days pay

Payment under this           entitlement will be paid during school vacation periods. An employee who is entitled to this benefit will designate the specific week(s) when he/she will receive the vacation pay. The employee will make such designation by November 1. If no such designation is made, a lump sum payment will be made to the employee.

D.        Present appointed employees in the above named categories working 12 hours or more per week will be given preference by seniority for additional scheduled program hours prior to seeking outside applicants.

E.         ESL Certified Teachers who work 20 hours or more a week shall be entitled to health insurance benefits, as well as pension benefits, to the extent these are available through the City of Pittsfield for its similarly situated employees.

Section 31: Teen Parent Program Instructors

Persons employed as instructors in the Teen Parent Program (TPP) shall enjoy the following benefits:

A.        Compensation for TPP Instructors in the 1999-2000 school year shall be as set forth in Article XV § 20 below.

B.        The benefits available to TPP Instructors shall be those available to Adult Basic Education part-time teachers as provided in § 29 above.

C.        Each TPP Instructor shall receive one (1) preparation period each week.

D.        Each TPP Instructor shall receive a 30-minute unpaid lunch within the working day.

E.         The ordinary work week for a TPP Instructor shall be the number of hours per week ordinarily worked by that tutor in the 1998-99 school year. Nevertheless, if grant-related funding for the TPP is reduced substantially or eliminated then the work week for the TPP may be shortened; but in case such grant-related funding is substantially reduced ore eliminated, the COMMITTEE shall consider making up said funding prior to effecting any reduction in the hours per week by TPP Instructors.

Section 32: Special Education Unit Leaders

A.        Unit Leaders may be appointed administratively to serve in the Special Education Department or its successor. A Unit Leader shall perform all the duties and satisfy all the expectations of a department head, as applicable, and shall be compensated based on supervisory duties on the same differential schedule as a department head.

B.        A Unit Leader may be assigned by the Superintendent of School or her/his designee to serve as in-put evaluator for paraprofessional personnel. A Unit Leader with such responsibilities shall be compensated according to the schedule in Article XV § 10.B.

C.        Each Unit Leader shall be relieved of direct instructional duties for the equivalent of one day per week (0.2 FTE) for the performance of her/his Unit Leader duties.

Section 33: Parent-Child Home Program Head Teacher

Effective with the start of the 2000-01 school year, the position of Head Teacher in the Parent-Child Home Program shall be a non-special education Unit Leader position, with compensation and duties as set forth in Article XV § 10.A and B.

Section 34: Academic Coaches

All academic coaches shall be properly trained and shall receive the contractual hourly rate for all training. All academic coaches shall receive the same individual preparation and/or team meeting time as other teachers at their particular grade level. Academic coaches shall not be made to attend any after school meetings beyond what is contractually allowed for all teachers. Any and all verbal and/or written interactions between the academic coaches and the teachers they work with shall remain confidential. In no circumstance shall any of the information collected by the academic coach be used in any teacher observation and/or evaluation. The curriculum coordinator will be the input evaluator for the academic coaches. All summative evaluations will be done by the primary evaluator, the building principal.

Section 35: Specialists

Specialists may be assigned outside their area of certification, as allowed by the Massachusetts Department of Elementary and Secondary Education (i.e., currently up to 20%), during times when they are not already providing coverage for teacher preparation periods. In such circumstance, specialists will be provided with appropriate materials. In addition, specialists will

be supervised during times when they are            assigned outside their area of certification, but will not be evaluated on said assignment.

Section 36: Occupational and Physical Therapists

A.        The following provisions of Article XV of the Agreement shall apply to occupational and physical therapists: §§ 1, 3, 4, 5, 7, 9, 23, 24.

B.        Occupational and physical therapists will continue to create their own daily/weekly schedules. Said schedules must be submitted to the Special Education Director, and are subject to the prior approval of the Special Education Director.

C.        Occupational and physical therapists shall work at their assigned tasks for not less than the length of the teachers’ workday as defined in Article VI(2)(A)(1-3) of the Agreement. Occupational and physical therapists may, on occasion, be required to work longer than the regular work day in order to complete the professional tasks required of them.

D.        The work year for occupational and physical therapist shall be the teachers’ work year, as defined in Article VI § 1.A and D, and nine (9) additional days, for a total of 192 days. The additional days shall be scheduled in coordination with the Director of Special Education or her/his designee, and shall be approved by said Director.

E.         Each occupational therapist and physical therapist shall receive 30-minutes of preparation time per day. The therapist shall use preparation time solely for the following purposes: completion of testing-related paperwork; completion of progress or therapy notes; treatment planning; completion of documentation related to Medicaid reimbursement; completion of documentation related to Individualized educational Plans or Section 504 plans; and organization and maintenance of therapeutic equipment. Said preparation time may be split into two (2) fifteen (15) minute blocks.

F.         The occupational and physical therapists shall be required to attend professional development on the days designated for such development during the approved school calendar. The development programs that the therapists attend shall be those that are relevant to their assignments and professional duties as occupational and physical therapists.   If, because of their specific school base locations, or because of any other

factor, an issue arises regarding what professional development activity one or more of the therapists should attend, then the therapist involved may bring the matter to the attention of the Director of Special Education, and the Director shall make the final determination of the appropriate professional development program for those therapists to attend.

G. The Director of Special Education, serving as her/his designee, the Supervisor of Special Education, shall be the primary evaluator of occupational and physical therapists. In-put evaluators of the therapists shall be their unit leader and the principal of each building in which a therapist is regularly scheduled to work during the instructional year. The evaluations shall be performed annually for occupational and physical therapists who have not completed three (3) full school years of employment with the Pittsfield Public Schools. The evaluations shall be performed every other year for occupational and physical therapists who have completed at least three (3) full school years of employment with the Pittsfield Public Schools.

H. Occupational and Physical Therapists are generally not required to attend staff meetings, however, the Special Education Director may on occasion require their attendance at staff meetings. Occupational and Physical Therapists are required to attend unit meetings.

I.         Occupational and Physical Therapists shall receive a mileage reimbursement of $50.00 per month, up to $500.00 per contract year.

J.         Occupational and Physical Therapists shall, as part of their professional responsibilities, meet as needed with parents of students to whom they are providing assistance in order to discuss pertinent educational and service-related issues; but Occupational and Physical Therapists shall not be required to attend parent-teacher conferences that take place pursuant to Article VI, § 4 of the Agreement.

K. Until August 24, 2008, Occupational and Physical Therapists shall not be required to perform supervisory or other duties as may be required pursuant to Article VI, § 9 or other applicable provisions of the Agreement.

Section 37: School Nurses and School Nurse  Leader

A.        The School Nurse Leader shall not routinely be required to substitute for School Nurses.

B.        Evaluations: The School Nurse Leader will be an input evaluator. The Building Principal and/or the Deputy Superintendent will be the primary evaluator, as appropriate. The School Nurse Leader will be evaluated by the Deputy Superintendent. School Nurses and the School Nurse Leader will be evaluated on the same schedule and frequency as provided for other Unit A employees. Until a successor evaluation is negotiated, School Nurses and the School Nurse Leader shall be evaluated based upon the evaluation previously utilized by the City.

C.        Staff and Unit Meetings: School Nurses are generally not required to attend staff meetings, however, the School Nurse Leader and/or Principal may on occasion require their attendance at staff meetings. School Nurses are required to attend unit meetings. Unit meetings will be once a month.

D.        First Aid and CPR: Classes will be provided as needed in order to maintain continuity in certification free and of no cost to School Nurses and School Nurse Leader.

E.         School Nurse Leader (SNL) coverage: When the SNL is out or not available, a staff school nurse covers for the SNL. The individual staff nurse volunteers for this responsibility and is appointed by the SNL based on rotation. Effective August 25, 2008, a school nurse who covers for the SNL will receive $40.00 per day. Said rate shall be increased for the 2009-2010 and 2010-2011 school years by the across the wage scale increase negotiated by the parties.

F.         Duties: School Nurses and School Nurse Leader shall not be required to perform supervisory or other duties.

G.        Provision of a private and safe nurse office including but not limited to:

 i.         Running Water: Hot & Cold

ii.        Private Phone/FAX

iii.       Access to a copier within the building

iv.       Ventilation

v.        Bathroom for patients

vi.       Walkie Talkie

vii.      Appropriate Lighting H.        Provision of:

i.         First Aid Supplies

ii.        Assessment tools/instruments

iii.       Functional/lockable office furniture and supplies

iv.       One (1) lab coat shall be provided to each School Nurse and School Nurse Leader at the start of school annually

I.         The work year of school nurses shall be one hundred eighty-seven (187) days. The four (4) extra days beyond the one hundred eighty-three (183) day teacher work year shall be scheduled within five (5) business days before or after the teacher work year by the Superintendent or designee in consultation with the School Nurse Leader.

J.         The provisions of Article XV - Compensation, Section 1 shall apply to School Nurses and the School Nurse Leader.

K.        Nurses holding a Bachelor’s Degree may accumulate credit in blocks of 6-12-18-24-30 credits before the MSN/D.E.S.E. Approved National Certification for a Nurse at the rate of $30 per credit for successful completion of prior approved courses.

L.        Nurses holding a MSN/D.E.S.E. Approved National Certification for a Nurse may accumulate credit for successful completion of prior approved courses taken after earning a MSN/D.E.S.E. Approved National Certification for a Nurse and before earning a Doctor’s Degree in the following amount:

i.         Nurses holding a MSN/D.E.S.E. Approved National Certification for a Nurse may accumulate credit for successful completion of prior approved courses taken after earning a M.S.N./D.E.S.E. Approved National Certification for a Nurse and before earning a Doctor’s Degree in the following amount: Forty-eight (48) semester hours at thirty-five dollars ($35) per credit hour.

ii.        Nurses who accumulate 60 credits beyond a M.S.N./D.E.S.E. Approved National Certification for a Nurse will be paid at a level equal to $3,000 greater than the MSN/D.E.S.E. Approved             National Certification for a Nurse column.

Courses taken after 60 credits beyond a M.S.N./D.E.S.E. Approved National

Certification for a Nurse will be reimbursed at $50/credit. iii.       Nurses will receive $50 for each credit earned after receipt of her/his doctorate if the credit hour was approved in the same manner as other credit hour compensation.

M.       If a School Nurse or School Nurse Leader obtains more than one (1) D.E.S.E. Approved National Certification for a Nurse, the Committee will make a lump sum payment to said School Nurse or School Nurse Leader in the amount of $1,000 per additional D.E.S.E. Approved National Certification for a Nurse in the school year during which the additional Certification(s) was obtained. In addition, the School Nurse or School Nurse Leader will receive a lump sum payment in the amount of $1,000 every five (5) years if said School Nurse or School Nurse Leader maintains the Certification(s). For example, a School Nurse who has National Certification as School Nurse and then obtains an additional National Certification as a Community Health Nurse would receive a lump sum payment of $1,000 in the year the additional certification was obtained. Then, if the School Nurse was still Nationally Certified as both a School Nurse and a Community Health Nurse five (5) years later, the School Nurse would receive another lump sum payment of $1,000. There would be no lump sum payments between said time periods.

N.        In determining seniority for any purpose under this contract, except as specifically noted below, school nurses and the school nurse leader shall have their seniority calculated in accordance with Article VI, Section 25 (i.e., “length of service in Unit A of the Pittsfield Public Schools”).

O.        For the purpose of early retirement (Article XV, Section 4) and severance pay (Article XV, Section 5) only, continuous service as a School Nurse or School Nurse Leader for the City shall be included in determining seniority. However, the total amount of service necessary to receive said benefits will be in accordance with the Unit A contract (see Article XV(4) and XV(5)). In regard to early retirement, if a School Nurse and/or School

Nurse Leader meets the requirements of Article XV(4), said School Nurse and/or School Nurse Leader shall be entitled to a $1,000 payment. The School Nurses and School Nurse Leader are not eligible for the $5,000 payment listed in Article XV(4).

P.        For the purpose of a reduction in force, continuous service as a School Nurse or School Nurse Leader with the City of Pittsfield shall be included in determining seniority in regard to any School Nurse and/or School Nurse Leader who has achieved professional teacher status. If a School Nurse and/or School Nurse Leader has not achieved professional teacher status, City service shall not count toward seniority. Service with the City does not count toward professional teacher status.

Q.        Longevity:

i.         Any School Nurse who has been employed as a Nurse by the City of Pittsfield and/or the Pittsfield Public Schools for at least fifteen (15) years shall be entitled to a $1,000.00 longevity amount which shall be added to the Nurse’s regular salary. This provision only applies to School Nurses who were employed by the City and/or the Pittsfield Public Schools on January 1, 2008.

 ii.        Any Nurse hired on January 2, 2008 or later and the School Nurse Leader shall be eligible for longevity in accordance with Article XV(7). City service does not count toward this longevity benefit.

R.        Any accumulated and unused sick days acquired while an employee of the City of Pittsfield shall be converted to accumulated sick days under the Unit A contract. For purposes of conversion, the amount of sick leave shall be calculated to the nearest half day (i.e., if an employee accumulated 6 days and 1 hour of sick time on the City side, it would be converted to 6 days on the school side) and one (1) day shall equal seven (7) hours.

S.        Each School Nurse shall receive thirty (30) minutes of preparation time per day. Nurses shall use preparation time for the purpose of completion of necessary paperwork, completion of documentation related to Medicaid reimbursements, organization and maintenance of medications and equipment, and other professionally related matters. Said preparation time may be split into two (2) fifteen (15) minute blocks. The scheduling of the preparation periods        will be coordinated with the building administrator. If the nurse and building administrator cannot agree upon the schedule, the building administrator shall make the final determination. During the preparation periods, nurses shall remain on-call for urgent needs requiring immediate attention. Nurses must either remain in their office or be immediately available by walkie-talkie during the preparation periods. If an urgent matter occurs during the nurse’s preparation period, the preparation period will not be extended or reschedule to a later time.

T.        The following Articles apply to the School Nurses and the School Nurse Leader (except as specifically modified by the parties): Article I, II, III (note: policy and practice of the City no longer applies), IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV (except Section 3 - daily rate shall be based upon 1/187; Section 4 - $1,000 early retirement bonus instead of $5,000; Section 5 - count City service toward service requirement; Section 7 – as modified above, and XVI.

U.        The following Article does not apply to the School Nurses and the School Nurse Leader: Article XV, Section 8 (School Nurses and School Nurse Leader have a separate pay scale/system).

Section 38. Electronic Grading

Teachers will post student grades electronically no later than ten (10) school days after the due date for the assignment or date of the quiz, test, or examination, or by the due dates of progress reports or report cards, whichever is earlier. It is understood that long-term, major projects and presentations may not be posted on-line within ten (10) school days, but will be posted by the dates of progress reports or report cards if they are to be counted in the final average. In the event the electronic grading system of the Pittsfield Public Schools is inoperable, the timelines referenced herein shall be extended by the amount of time the system was inoperable. After investigation, exceptions to the ten (10) school day requirement may be made at the sole discretion of the principal. A letter of expectation will be issued for a first offense.

Section 39. Professional Dress

Teachers shall dress in a professional manner for the type of position to which they are assigned.

ARTICLE VII PROMOTIONS, VACANCIES, TRANSFERS Section 1. Promotions

A.        If a vacancy occurs in a new or existing Unit A position that carries a pay differential, it shall be filled by the Superintendent of Schools with the understanding that any end result vacancy from internal reassignments, however characterized, is subject to the recall list.

B.        Notice of such vacancy shall be sent to each school for posting and a copy sent to the President of the UEP. Such posting will include title of the position, qualifications, school, salary, grade and/or subject area assignment and time and date when applications are due.

C.        Position descriptions for each vacancy shall be made available on request.

D.        Such vacancy shall be advertised for a minimum of thirty (30) days, except in cases of emergency.

For purposes of this article, a position shall be considered vacant only if:

1.            The position that is empty has heretofore been filled by a regularly appointed teacher;

2.            The Superintendent of schools intends to fill the empty position for at least one complete (September – June) school year; and

3.            The position is empty due either to

a.         The resignation, retirement, or death of the teacher who held the position,

b.         An administrative grant of a leave of absence for any contractually recognized reason to the teacher who held the position, when said leave will last for at least one complete (September – June) school year, or

c.        A      leave      of   absence for illness that is being taken by the

teacher who held the position, when it is known in advance that said leave will last for at least one complete (September – June) school year. F.        When, due to a teacher’s absence or illness, a position is known or reasonably expected to be empty for less than one complete (September – June) school year, that position shall not be considered vacant.

Section 2. Vacancies

Whenever a vacancy occurs after the opening of school but prior to February l, qualified teachers from the recall list will be used to fill the vacancy. If the recall list does not contain a qualified teacher, the position will be posted. In determining how such a position will be filled the following September, the Superintendent shall examine transfer requests.

Section 3. Transfers

Requests by teachers for transfers for the beginning of the school year shall be made in the following manner:

A.        . Requests for transfers shall be submitted by teachers in writing to the Personnel Office by April 15, indicating subject, grade or school to which the teacher seeks assignment. Such requests will remain valid for two (2) years. Administration will provide teachers written notification of receipt of the transfer requests no later than May 1. Administration shall provide teachers with written notification no later than August 1 if the teacher’s transfer request has not been granted.

B.        A list of transfer requests shall be maintained by the school system showing the date of the original request. Such lists shall be made available to the UEP.

C.        No new appointments may be made until pending transfer requests for existing openings have been considered.

D.        As used in this section, "consideration" of a transfer request shall mean the following:

1.      Except  on  the  conditions  otherwise  set  forth  in  this  subsection,  each appropriately certified individual who is a Teacher with Professional Status in the Pittsfield Public Schools and who has requested a transfer to a position that will be vacant in the next school year, shall be interviewed by the building principal or other pertinent administrator; and

 2.      No principal or other administrator shall be required to interview more than five (5) such teachers in order to comply with the requirements of this subsection, although nothing herein shall be construed to prohibit a principal or other pertinent administrator from interviewing as many internal candidates for a vacancy as she/he deems necessary.  The identity of the teachers who must be interviewed under this subsection shall be determined on the basis of seniority as defined in Article VI § 25.A., above.

 E.        A teacher who seeks a transfer will receive written notice of the resolution of her/his transfer request.

Section 4. Involuntary Transfers

A.        Teachers may be involuntarily transferred by the COMMITTEE or the Superintendent of Schools to a comparable position.

B.        Such a transfer will be made only after a meeting between the teacher and the Superintendent (or his designee), at which time the teacher will be notified of the reasons for the transfer.

C.        In the event that a teacher objects to the transfer at this meeting, upon the written request of the teacher, the UEP will be notified and the Superintendent (or his designee) will meet with the UEP's representatives to discuss the transfer, provided however, that transfer will be subject to the grievance procedure but the decision of the COMMITTEE will be final.

Section 5. Summer School and Evening School Vacancies

A. All openings for summer school and evening school positions and for positions under Federal programs will be adequately publicized by the Superintendent in each school building as early as possible and teachers who have applied for such positions will be notified of the action taken regarding their application as early as possible.

B. Copies of postings made during the summer for these positions will be sent to the President of the UEP.

ARTICLE VIII UEP RIGHTS AND RESPONSIBILITIES

None of the rights provided by this Article will apply if the UEP or teachers are involved in actions prohibited by Article IV (No Strike) of this Agreement.

Section 1. Administrative Notices, Bulletins, Postings, Directives

Two (2) copies of any posting, bulletin, notice, or directive from the Superintendent's office or other administrative office which affects the terms and conditions of employment of teachers system-wide or in any particular work location shall be supplied to the UEP President simultaneously.

Section 2. Agendas - Minutes

A.        A copy of the agenda for all COMMITTEE meetings shall be sent to the President of the UEP at the same time as copies are sent to the Committee members.

B.        A copy of the official minutes of all COMMITTEE meetings shall be sent to the President of the UEP when such minutes have been typed and entered into the official records of the SCHOOL COMMITTEE. Documents relating to all issues considered at COMMITTEE meetings shall be kept on file and made available for inspection upon request.

C.        The President of the UEP may request that an item be placed on the agenda of any regular COMMITTEE meetings provided that the COMMITTEE is given one (l) week's notice in writing and all material relating to the item in the possession of the UEP is submitted with the request. A UEP representative may speak to any agenda item as long as such request is made to the Chairman of the SCHOOL COMMITTEE prior to the official convening of the meeting.

Section 3. UEP Meetings

A.        Use of school buildings by the UEP for general membership meetings shall be subject to the rules, regulations and fees placed on the use of school buildings by the Superintendent of Public Buildings. Such rules, regulations and fees shall not be applied discriminatorily.

B.       The UEP may call meetings of members of the collective bargaining unit assigned to a particular school building under the following conditions. Prior approval for the meeting shall be obtained from the principal of the building. Such approval shall not be withheld except if the principal has previously scheduled a school activity requiring teacher attendance consistent with other terms of this Agreement. The meeting will be scheduled before or after regular school hours, and no meeting will last beyond 6:00 P.M.

C.        The UEP building representative may request that the principal of the building grant the UEP ten (10) minutes on the agenda at each Faculty Meeting. The ten (10) minutes so allotted shall be scheduled last on the agenda and follow all other agenda items. Attendance during the ten (10) minutes granted to the UEP shall be limited to members of the bargaining unit.

D.        There shall be a building representative designated by the UEP in each school building and he/she shall be a member of the Faculty Advisory Council.

E.         The Faculty Advisory Council shall be elected by members of the bargaining unit in each building and shall be a representative cross-section of the faculty. The Council will not discuss items which are properly the subject of negotiations or process grievances, but will discuss all other matters of mutual concern. The Council will meet on a regular basis with the principal of the building and an agenda will be provided at least forty-eight (48) hours in advance of the meeting. Council members may submit items for inclusion on the agenda.

F.         The size, composition, and the manner of election of the Faculty Advisory Council will be determined by vote of the faculty after first seeking a resolution of these issues with the principal at the first faculty meeting of each school year.

G.        Representatives of the UEP who have been identified and certified by the UEP to the Assistant Superintendent for Personnel and Negotiations may meet with individual teachers or small groups of teachers in the schools, under the following conditions. Such Representatives shall identify themselves in the office of the principal before contacting teachers. The Representatives may consult with teachers at any time in Teachers' Rooms or Teachers' Lounges provided that such consultations do not distract or disrupt the educational programs in the schools or interfere with the teachers' responsibilities.

Section 4. UEP - Superintendent Meetings

The Superintendent shall meet with representatives of the UEP on a regular basis. The Superintendent and/or the UEP will submit an agenda for such meetings and the meetings shall take place at mutually agreeable times but not later than two (2) weeks after submission of an agenda, unless the Superintendent rejects, in writing to the UEP President, an agenda item or items.

Section 5. Availability of Agreement

A.        The COMMITTEE and the UEP shall have 1200 copies of this AGREEMENT printed. The cost of the printing shall be shared equally by the parties. The UEP shall be provided with 1000 copies and shall make a copy available to each member of the bargaining unit. The COMMITTEE will give a copy of this AGREEMENT to each newly hired teacher at the date of hiring. The COMMITTEE shall maintain copies of this AGREEMENT at each school and administrative office for inspection by members of the bargaining unit.

B.        The AGREEMENT may be printed in the Vocational Division of the Pittsfield Public Schools and spirit duplications or photocopies may be produced. Printing of this AGREEMENT outside of the schools must be done in a union shop.

Section 6. Bulletin Boards

One (l) bulletin board in each school building shall be provided by the COMMITTEE for the exclusive use of the UEP for the purpose of posting UEP or UEP - sponsored material. All such postings shall be signed by the UEP and copies of all such material shall be supplied to the building principal. The right to posting of organizational material shall not be extended to any other teacher organization.

Section 7. Access to Employee Mailboxes

A.        The President of the UEP or his designated representative shall have the exclusive right to send organizational material to one (l) UEP representative in each school building through the central distribution system of the Pittsfield Public Schools.

B.        One (l) person in each school building shall be designated by the UEP and identified to the principal of the building as the UEP representative for placing organizational material in the mailboxes of members of the bargaining unit. This right shall not be extended to any other teacher organization.

Section 8. Negotiations on School Time

A.        Negotiations shall ordinarily be conducted at times which do not disrupt the educational programs in the schools or interfere with the teachers' responsibilities.

B.        If negotiations are conducted during the school day by mutual agreement of the parties, then release time shall be provided to all parties of interest without loss of pay or benefits.

Section 9. School Directory

A.        The COMMITTEE shall provide the UEP with twenty-five (25) copies of the School Directory when the Directory is distributed to the schools.

B.        The COMMITTEE shall provide the UEP with the name, address and work location of each newly hired teacher when such teacher is hired. Telephone numbers shall be provided unless the teacher indicates otherwise.

Section 10. Information Available to UEP

In addition to any information provided in other Articles or Sections of this Agreement, upon request, the COMMITTEE shall provide the UEP with all information, records, statistics, or other material in the possession of the COMMITTEE which is available to the Public upon request, and which is necessary to facilitate negotiations or the administration of this Agreement.

Section 11. Dues Deduction

A. The COMMITTEE agrees to deduct dues from the salaries of teachers for the United Educators of Pittsfield, Massachusetts Teachers Association, and the National Education Association (herein referred to as the UEP) as said teachers individually and voluntarily authorize the COMMITTEE to deduct and transmit the monies promptly to the secretary-treasurer of the UEP. Teacher authorizations will be submitted to the COMMITTEE on forms developed for this purpose by the UEP and approved by the COMMITTEE.

B.        Teachers who wish to discontinue such deductions will give the COMMITTEE and the UEP sixty (60) days advance written notice.

C.         The UEP will give the COMMITTEE sixty (60) days written notice of any change in the rate of its membership dues.

D.        The COMMITTEE will be given one (2) week's written notice prior to the distribution of the payroll of any authorizations for deductions commencing on that payroll.

E.         The UEP agrees to and does hereby indemnify, defend and hold harmless the COMMITTEE and the City of Pittsfield, and their members, agents and representatives from and against any and all claims, demands, liabilities, suits, or any other form of action brought by members of the collective bargaining unit arising from or relating to any action taken by them in good faith in making or transmitting such deductions in accordance with the UEP'S written instructions, provided that the COMMITTEE has given the UEP timely notice of any such claims, demands, liabilities, or suits, and that the UEP has had an opportunity to intervene in and defend any such actions.

Section 12. Other Deductions

The Committee shall provide that, whenever duly authorized by any member of the bargaining unit on a form or forms approved by the Committee, payroll deductions on behalf of such teacher shall be made every pay day and transmitted in accordance with such form or forms for any of the following purposes:

1.      Premiums  under  group  income  protection  and  allowed  to  purchase  life insurance up to ten thousand dollars ($10,000)

2.      Premiums under City of Pittsfield Employees Group Insurance Program.

3.      Payments to the Greylock Federal Credit Union and County Schools Credit Union. (Deductions for US bonds are generally permitted through the Credit Union, but not through the payroll deductions.)

4.      Deductions for Voice of Teachers for Education

5.      Premiums under tax-sheltered annuity.

6.      Direct Deposit of paycheck.

7.      Deductions for United Way.

8.      Premiums maintained under Employers Flexible Spending Account through Paychex of the type authorized by Chapter 697, section 132 of the Acts of 1987, for the purpose of enabling teachers to pay their share of the premiums for their health insurance with pre-tax earnings.

9.      Payroll Deduction Record - Teachers will be provided with a payroll record of payroll deductions.

10.    Teachers pay stubs will identify, by source, any additional incidental compensation being paid along with a teacher's regular pay.

11.    Agency Fee deductions

12.    Any other deductions within the capabilities of the city's payroll system.

Section 13. Agency Fee

A. The Committee will respect the position of the United Educators of Pittsfield/MTA/NEA (UEP) as the sole and exclusive bargaining agent of all employees in Unit A on matters of wages, hours, conditions of employment for the life of this Agreement. The parties therefore agree that:

1.   Effective thirty (30) days after the commencement of the 1997-1998 school year or the commencement of employment, whichever comes later, each employee, in accordance with the G.L.C. 150 E, §12, shall be required to pay the service fee to the UEP as a condition of his /her employment in the district.

2.   Any employee who fails to pay the agency fee in lieu of dues to the exclusive bargaining agent will be subject to legal action by the UEP for collection of said fee.   Any cost of collecting said fees will be added to the individual's total service fee due. The UEP will  be    solely    responsible    for enforcing the provisions of this Section. The Committee will not be responsible to enforce any provision of the Section. 3. The UEP will indemnify, defend and hold harmless the Committee against any and all claims, actions, or lawsuits of any kind or description, whether at law or inequity, and whether based on statute, constitution or common law, made or instituted against the Committee or its agents, employees or administrators, resulting from this Section. Specifically, the UEP will have no right of action by way of contribution, counterclaim, or other basis against the Committee. Should any administrative agency or court of competent jurisdiction find the Committee liable for any damages as a result of this Section, the UEP will pay any and all of those damages, including interest and charges.

4.      If any court or competent jurisdiction determines that any part of this Section 1, 2, or 3, is unconstitutional, in violation of statute, or otherwise unenforceable, all of the other parts of this 1, 2, and 3, will be null and void.

5.      The service fee shall be calculated in accordance with the provisions of the M.G.L. c. 150E, § 12, and applicable state and federal constitutional law. Payment of said fee will not entitle the fee payer to be a member in good standing with the UEP.

Section 14. Joint Labor Management Committee

The parties agree to establish a standing Joint Labor Management Committee (JLMC) for the purpose of enhancing the collaborative relationship and cooperatively addressing issues as they arise. Meetings will be conducted on a monthly basis and/or as needed. The JLMC will not discuss items which are properly the subject of negotiations or process grievances. The JLMC shall consist of up to five (5) members of the UEP’s choosing and up to five (5) members chosen by the Superintendent. The committee shall be jointly chaired. Either party can have up to two (2) agenda items at any one time.

The JLMC is an advisory committee only and may not modify terms and conditions of the collective bargaining agreement and/or past practice without agreement of the School Committee and the Association.

ARTICLE IX LEAVES OF ABSENCE Section 1. Sick Leave

A.        A teacher will be entitled to fifteen (15) sick leave days with full pay each school year, whether or not he/she reports for duty on the first day of school. In case of merit, the School Committee may allow additional days at its discretion.

B.        Sick leave may be accumulated from year to year up to a maximum of 200 days.

C.        A teacher may use up to six (6) days of their fifteen (15) days paid sick leave per year for illness in their immediate family. Immediate family includes parents, spouse, children, mother-in-law, father-in-law, siblings, and someone living in the immediate household.

D.        If sick leave is taken by a teacher on a day or days between a personal leave day and the beginning or end of a school vacation or holiday, so that the individual's combination of sick leave and personal leave make her/him absent from work on consecutive days immediately preceding a vacation or holiday, or makes her/him absent for consecutive days immediately after a vacation or holiday, or both, then each sick day so used shall count as two (2) sick days used; except that not two days, but only one day, shall be charged for each such sick day if the individual timely presents to the Superintendent or her/his designee suitable evidence from a licensed health care provider that each and all such sick leave days so used were a legitimate use of sick leave.

Section 2. - Sick Leave Bank

A.

The purpose of the Sick Leave Bank is     to provide additional sick leave time to teachers who have exhausted their personal sick leave as a result of a prolonged and/or catastrophic event due to a serious illness and/or injury. Applications must meet the above definition/standard.

A.  Except as described in subsection J, below, all teachers shall belong to the Sick Leave Bank ("Bank"), and shall, upon being employed by the Pittsfield Public Schools, contribute one (1) sick leave day to the Bank. Each teacher who was employed by the Pittsfield Public Schools in the 1998-99 school year and who was not a member of the Bank in that year, shall, except as permitted in Section J below, contribute one (1) paid sick leave day to the Bank effective with the first working day of the 1999-2000 school year.

B.  At any time that the total number of days in the Bank is reduced to one hundred (100), each member of the bank shall contribute one (1) additional day.

C.  In order to access the Sick Leave Bank, a teacher must submit a written request to the Sick Leave Bank Committee. Said request must include a completed Family and Medical Leave Act form.

D.  A teacher shall suffer a five (5) day loss of pay after exhaustion of his/her sick leave before being able to withdraw time from the Bank.

E.   The Sick Leave Bank Committee shall consist of four (4) members as follows: the UEP President or his/her designee, a UEP appointee chosen by the UEP President, the Superintendent or his/her designee, and a central office appointee chosen by the Superintendent.

F.   The Sick Leave Bank Committee shall review the teacher’s submission and the applicant’s prior leave usage. The Sick Leave Bank Committee shall make a determination regarding whether to grant or deny the request within three (3) school days of the receipt of the request. A majority vote of the Sick Leave Bank is necessary to grant a request.

G. In the event the Sick Leave Bank Committee denies a request, the applicant may request reconsideration of said determination in writing within ten (10) school days of receipt of the denial. The applicant may attend the appeal meeting, and present additional information. A majority vote of the Sick Leave Bank Committee is necessary to reverse its prior determination.

H. The Sick Leave Bank Committee, by majority vote, can decide to allow an applicant, upon his/her return to work from a leave allowed by the Sick Leave Bank Committee, to borrow up to ten (10) sick days against the annual sick leave amount to be credited to the teacher in the following year. This benefit can only be accessed one time during any given contract year. Any sick days that are not used by the end of the year shall be returned to the Sick Leave Bank. Any advanced sick days that are used shall be deducted from the applicant’s following year annual allotment.

I.   Any determinations of the Sick Leave Bank Committee pursuant to sections G and H above shall be final and binding, and are not subject to the grievance and arbitration provisions of this Agreement.

J.   No teacher may use more than one hundred sixty (160) days from the Bank for each illness. Whether an illness is the same illness for purposes of this subsection shall be determined by satisfactory medical evidence. On or before October 1, 1999, the Superintendent or her/his designee shall disseminate a form to each teacher employed on or after September 1, 1999, whereon each teacher shall indicate if she/he declines membership in the Sick Leave Bank. In order for a teacher's declination to be effective said form must be completed and returned to the Personnel Office not later than ten (10) working days after it is disseminated. Any person who so declines membership in the Bank shall be ineligible for membership in the Bank for the next three years, or until the next general  offering of an opportunity to decline membership on the Bank, whichever is sooner.

Section 3. Personal Days

A.        Except as set forth in subsection B, below, absence without loss of pay, not to exceed two (2) days in any school year, shall be granted to any teacher by the Superintendent of Schools or her/his designee for personal reasons, with no requirement that a reason be provided for using a personal leave day.

B.        Personal leave may not be taken on any workday immediately before or immediately after a school holiday or vacation. An absence for personal reasons on any such workday, except when taken with leave granted pursuant to Article IX § 16.B, below, shall be subject to a deduction of one day's pay, as determined according to Article XV § 3, and shall not ordinarily be subject to disciplinary action.

C.        Absence for approved reasons, not exceeding three (3) hours, or a session if less, is not chargeable to personal leave.

Section 4. Professional Leave

Teachers may request and will be entitled to at least two (2) professional days for the purpose of visiting other schools or attending meetings or conferences of an educational nature. The granting of these days will be subject to the approval of the Superintendent and their scheduling will be done by the teacher's principal or counterpart supervisor.

Section 5. Religious Observance

Each teacher will receive up to three (3) days leave without loss of pay or benefits for required observance of recognized religious rites when such observance is not possible outside the school day.

Section 6. Bereavement Leave

A. In the event of a death of a member of the immediate family, teachers will be entitled to five (5) consecutive work days, such days to begin with either the day of death or the day of the funeral at the teacher's discretion. Immediate family includes parents, spouse, life partner/companion, children, mother-in-law, father-in-law, siblings, and a person for whom the teacher has had the responsibility for making funeral arrangements. Up to two (2) of these five (5) work days can be taken at a later date in the case of a delayed internment.

B.        Teachers shall be entitled to four (4) consecutive work days to take effect from the day of death or the day of the funeral at the teacher's discretion of a grandparent, grandchild, brother and sister in-law or someone living in the immediate household. Up to two (2) of these four (4) work days can be taken at a later date in the case of a delayed internment.

C.        In the case of the death of a relative of the second degree, the teacher shall be entitled without loss of pay to the day or part thereof necessary to attend the funeral. Relatives of the second degree include uncles, aunts, nephews, nieces, cousins and in-laws, other than mentioned above.

Section 7. Court Appearance

A. A teacher who has been subpoenaed to appear in court on a day he/she otherwise would have worked will be granted compensation by the COMMITTEE in an amount which, when added to the compensation received for such court appearance, will equal his regular prorated salary provided, however, the subpoena arises out of lawful and proper actions taken by the teacher in the course of his employment and provided the COMMITTEE and the UEP (and/or any school employee) are not adversarial parties in the court proceeding. Where the COMMITTEE initiates a suit against a teacher and/or the UEP and the teacher and/or the UEP prevails, the COMMITTEE will reimburse the teacher or teachers who have to testify in the proceeding for time missed from their employment at an amount which, when added to the compensation received for such court appearance will equal their regular prorated salary. Such compensation will also be provided when a teacher, during the course of his duties, witnesses an event which subsequently becomes the subject of criminal court proceedings in which he/she is subpoenaed to testify.

B.        Time necessary for appearances in any              legal     proceeding     connected     with teacher's employment or the school system, and requested by the COMMITTEE and/or its agents, shall be granted without loss of pay of benefits.

Section 8. Organized Reserve Forces Leave

A teacher who, as a member of the Armed Forces Reserve, is ordered to report for his annual tour of duty during the school year, shall be granted up to seventeen (17) days of leave. Compensation will be granted to the teacher by the COMMITTEE in an amount which, added to the compensation received for such tour of duty, will equal his regular salary.

Section 9. Leave for UEP Conventions and Conferences

Leaves of absence without loss of pay to attend conventions of the United Educators of Pittsfield, MTA/NEA (UEP) shall be granted to UEP representatives to such conventions; provided, however, that the total amount of time taken by all such representatives will not exceed twenty (20) days per school year.

Section 10. Maternity Leave

A.        A female teacher who has been employed by the COMMITTEE for at least three consecutive months as a full-time teacher, who is absent from such employment for a period not exceeding eight (8) weeks for the purpose of giving birth or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three (23), if the child is mentally or physically disabled, said period to be hereinafter called maternity leave, and who shall give at least two (2) weeks' written notice to her Employer of her anticipated date of departure and intention to return, shall be restored to her previous, or a similar, position with the same status, pay, length of service credit and seniority, whenever applicable, as of the date of her leave. Such leave shall be unpaid to the extent the teacher's sick leave does not cover the balance.

B.        The COMMITTEE shall not be required to restore a teacher on maternity leave to her previous or a similar position if other teachers of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other changes in operation conditions affecting employment during the period of such maternity leave; provided, however, that such teacher on maternity leave shall retain any preferential consideration for another position to which she may be entitled as of the date of her leave.

C.        Such maternity leave shall not affect the teacher's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, and any other advantages or rights of her employment incident to her employment position; provided, however, that such maternity leave shall not be included, when applicable, in the computation of such benefits, rights, and advantages; and provided, further, that the Employer need not provide for the cost of any benefits, plans, or programs during the period of maternity leave unless such Employer so provides for all employees on leave of absence.

D.        No provision of this section shall be deemed to be in conflict with the Family and Medical Leave Act of 1993 or any other applicable Federal or State law.

E.         Males and females are eligible for unpaid adoption leave in accordance with the above requirements.

Section 11. Peace Corps

Consistent with the provision of M.G.L. c. 71 § 41B, the Superintendent of Schools shall grant to a teacher who is currently in good standing and who has been accepted to serve in the Peace Corps of the United States, a leave of absence for the term of such service. Such leave shall be without pay and shall not be counted as creditable service for retirement purposes, and shall count as an unpaid leave of absence for purposes of this Agreement; but a teacher who receives such leave shall be restored to her/his previous or a similar position, with the same status, pay, length of service credit and seniority, where applicable, as she/he held on the date of such leave of absence.

Section 12. Military Leave

A. Military leaves will be granted on request to any teacher upon induction, enlistment or recall into active service of any branch of the Armed Services of the United States. Such leave shall be without pay and shall remain in effect for the period of service not to exceed five (5) years.    Upon return              from   such   leave,   teachers   shall   be returned to their former positions or to a comparable position provided they notify the School System within ninety (90) days prior to discharge from the service.

B.        Teachers not able to perform the duties of their former positions due to a disability sustained during military service but qualified to perform other duties in the school system consistent with their certification, shall be transferred to the other position at no loss in seniority, status, or pay.

C.        Teachers on military leave because they were drafted or recalled into active service shall continue to accrue all seniority and advancement upon the salary schedule. It is understood that the school year(s) in which a military leave of absence is granted shall not be deemed to count toward professional teacher status.

D.        This provision shall be renegotiated if the President of the United States shall declare a national emergency.

Section 13. Parenting Leave

A.        A Teacher With Professional Status who wishes to obtain an unpaid leave of absence to care for a newborn child or newly adopted infant shall submit a written notice to the COMMITTEE at least forty-five (45) days in advance of the anticipated date of birth or adoption.

B.        Such leave shall be taken without pay, benefit accrual or co-payment of insurance. Parenting Leaves shall extend for the remainder of the school year in which the request is made; except that a teacher absent on parenting leave may, with approval of the Superintendent or her/his designee, return to work before the end of the school year in which the leave is taken. Written notice of intent to return in September must normally be given prior to May 1, but in no event later than May 31, of such calendar year.

C.        If a teacher fails to return to work by the second September, following the start of the Parenting Leave, his employment will be terminated.

D.        No provision of this section shall be deemed to be in conflict with the Family and Medical Leave Act of 1993 or any other applicable Federal or State law.

Section 14. Leave for Public Office

The COMMITTEE shall grant leaves of absence without pay to any teacher with professional status to serve for one (1) term of a full-time public office. The COMMITTEE may extend such leaves at its discretion.

Section 15. Leaves for UEP Service

Employees who are elected or appointed to full-time positions with the UEP or any organization with which it is affiliated will, upon proper application, be granted up to two (2) years leave of absence for the purpose of accepting positions. Any further extension of such leave will not be given. Employees granted such leaves of absence shall retain all benefits as though they were in regular service. Upon return from such leaves of absence, employees shall be placed on the proper step of the salary schedule and shall be returned to their former positions.

Section 16. Other Leaves of Absence

A.        Extended leaves of absence may be granted for serious family or personal illness, professional improvement, and for other reasons at the discretion of the Superintendent or his/her designee.

B.        Whenever an Act of God or other calamity occurs for a teacher for whom personal leave time is unavailable pursuant to Article IX § 3.A and 3.B, above, said teacher may request paid "Act of God" leave from the Superintendent of Schools or her/his designee. Such leave shall count as use of personal time for purposes of determining the amount of personal leave time the teacher has for use in that school year, and also for purposes of computing that teacher's entitlement to and amount of severance pay. Act of God leave shall not be available to a teacher in excess of two (2) days in a school year. The Superintendent or her/his designee may request documentation or other evidence sufficient to establish the need for Act of God leave by any teacher requesting it. The decision to grant Act of God leave shall be solely the Superintendent's or her/his designee's and shall not be subject to the grievance procedures of the Agreement.

Section 17. Jury Duty

A.        Teachers summoned to jury duty shall serve without loss of pay or benefits. The teacher shall provide the building principal with a copy of the summons to serve on a jury as soon as possible after its receipt.

B.        The teacher shall notify his or her principal as soon as possible if he or she is not required to report for jury duty on any given day, and he or she will report to work that day.

C.        If a teacher is released early from jury duty, he or she shall notify his or her principal as soon as possible and, if so directed, shall promptly report to work for the balance of the workday.

D.        Teachers must turn in documentation of the days served on jury duty along with their jury duty pay to the Payroll Office.

Section 18. Maintenance of Rights and Benefits

All fringe benefits to which a teacher was entitled at the time his leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon return, and he/she will be assigned to the same or a substantially equivalent position. It is understood that return from any leave provided for in this Article is subject to the layoff and recall provisions of this Agreement.

ARTICLE X TEACHER PROTECTION Section 1. Personal Injury Benefits

A. Whenever a teacher is absent from school as a result of personal injury caused by an accident or assault occurring in the course of his employment, he/she may use the accumulated sick leave he/she has to his credit. A teacher may take such of this accumulated sick leave as, when added to the amount of any workers compensation disability allowance actually received, will result in the payment to him/her of his full salary.

B.        It is the intention of the parties to incorporate Chapter 152 of the General Laws Workers' Compensation, into the collective bargaining agreement.  However, disputes and issues falling under the scope of Chapter 152 shall not be arbitrable.

Section 2. Reimbursement for Teachers

Teachers will be reimbursed for:

A.        Any clothing or other personal property normally carried by the person, such as handbags, umbrellas, etc., damaged or destroyed in the course of his employment through no fault of his own, up to a maximum of five-hundred dollars ($500), upon satisfactory proof of damages; and

B.        The cost of medical, surgical, or hospital services (less the amount of any insurance reimbursement or legal restitution for such services) incurred as the result of any injury sustained in the course of his employment.

Section 3. Protection

A.        Teachers will immediately report all cases of assault and/or battery suffered by them in connection with their employment to the Superintendent of Schools or her/his designee, in writing.

B.        This report will be forwarded to the COMMITTEE which will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the teacher, the police, and the courts.

C.        All teachers shall be notified that, if court action might ensue from their actions in the performance of duty, legal counsel will be provided by the City Solicitor or another attorney selected by the COMMITTEE.

ARTICLE XI DISCIPLINE AND STUDENT TRANSFERS Section 1. Discipline

A.        The parties recognize that the              COMMITTEE has the responsibility for the development of a disciplinary code as defined in M.G.L., c.71, § 37 H and 37 H 1/2.

B.        The COMMITTEE agrees to review any disciplinary code or code proposals submitted by the UEP as long as such code conforms to M.G.L., c.71, § 82-86.

Section 2 Student Discipline Appeals and Procedural Review

A.        A teacher who is dissatisfied with the final administrative action in a disciplinary matter involving a student whom that teacher has referred for discipline shall have the following rights:

Step 1: The teacher shall have the right to a timely meeting with the person imposing the discipline on the student. Said meeting may be requested orally or in writing.

Step 2: In the event that the teacher is dissatisfied with the result of the meeting held at Step 1, that teacher shall have the right to a timely meeting with the building principal to appeal the administrative action taken. Said meeting may be requested orally or in writing. (Steps 1 and 2 shall be combined if the principal has imposed the discipline being appealed.)

Step 3: In the event that the teacher remains dissatisfied with the administrative action after the aforesaid meeting, she/he shall have the right to a timely meeting with the Superintendent of Schools or her/his designee to review the administrative action taken in disciplining the student. Said meeting may be requested orally or in writing.

B.        The parties agree that the appeal process set forth herein shall not result in a change in any disciplinary action taken administratively against any student. The parties further agree that said appeal process shall not be subject to the grievance procedure set forth in Article III of this Agreement. A teacher bringing an appeal under this section may request Union representation for any and steps of the process.

C.        The COMMITTEE and the UEP shall reestablish in the 2005-06 school year a committee,  which  shall  review  student  discipline  penalties  and  procedures.  The committee may make formal recommendations to the UEP and the School Committee on improving the school district's student disciplinary procedures.

Section 3. Student Transfers

The School Administration has the right to make pupil assignments and transfers to classes. When a student, after being assigned to a class, is transferred from that class to another class, the teachers concerned in the transfer will be consulted. The consultation is in no way meant to affect the School Administration's right to make such transfers.

ARTICLE XII NON-DISCRIMINATION

The COMMITTEE shall not discriminate against any employee for any reason including but not limited to race, sex, creed, color, national origin, age, marital status, religion or political belief, sexual orientation and handicap status, or other protected status under Federal or State law.

ARTICLE XIII SAVINGS CLAUSE

A.        If any provision of this Agreement shall be found at any time to be contrary to law as the result of court decisions or legislative acts, then such provision shall not be applicable or performed or enforced except to the extent permitted by law and substitute action shall be subject to prompt negotiation between the UEP and the COMMITTEE.

B.        In the event any provision of this Agreement shall be found at any time to be contrary to law as the result of court decisions or legislative acts which void any provision of this Agreement, all other provisions of the Agreement shall continue in effect.

ARTICLE XIV FRINGE BENEFITS Section 1. Health Insurance

A.        The COMMITTEE agrees to pay that              portion of the cost of individual or family coverage, whichever applies to the particular case, for Health Insurance of the type presently available to teachers, which is provided for other employees of the City of Pittsfield, but not less than sixty percent (60%) of such cost; and, effective with the 2005-06 contract year, eighty (80%) of the cost of the individual or family coverage of the available HMO's will be paid for each enrolled teacher. The UEP agrees to coordinate efforts with other municipal unions and the City administration to address the City's contractual commitment to provide health insurance through a specifically named carrier.

B.        The Committee and the Union are parties to a Memorandum of Agreement which provides for health insurance benefits to be provided through the Group Insurance Commission (G.I.C.). Said Agreement is attached to this contract. Employees shall receive health insurance benefits in accordance with said Agreement so long as said Agreement is in effect.

C.        Health insurance premium deductions shall be equalized throughout the year based upon the applicable number of pay periods. Health insurance premium increases effective July 1st will be deducted from employees’ paychecks in June.

Section 2. Life Insurance

The COMMITTEE agrees to pay that portion of the cost of up to $10,000 term life insurance plan of the type presently available to teachers, which is provided for other employees of the City of Pittsfield, but not less than fifty percent (50%) of such cost.

Section 3. Tax-Sheltered Annuities

Teachers will be eligible to participate in a "tax-sheltered" Annuity Plan established pursuant to United States Public Law, 87-370.

Section 4. Disability Plan Payroll Deduction

Teachers shall be able to avail themselves of the MTA or other chosen disability plan through payroll deductions (i.e., only one (1) disability plan will be eligible for payroll deductions for the entire bargaining unit). Teachers will be responsible for 100% of the cost of said plan.

ARTICLE XV COMPENSATION

Section 1. Professional Development and Educational Improvement

A        The COMMITTEE agrees to appropriate one hundred thousand dollars ($100,000) for each year of this Agreement for the purposes of providing professional development and educational improvement support to teachers.   The COMMITTEE shall disburse these funds as set forth in subsection B and C, below.

B.        1.      The COMMITTEE shall designate in each contract year of this Agreement seventy-five thousand dollars ($75,000) for the purpose of supporting teachers' education improvement. Specifically, the sum shown shall be used each year toward payment of tuition, registration, library fee, and laboratory fees for in-service courses or courses at accredited colleges, universities, or professional training schools that are germane to the teacher's professional assignment and that are taken with the prior approval of the Superintendent of Schools or her/his designee, when approval is sought in writing on designated forms. Such approval shall not be unreasonably withheld. 2. The funds designated in subsection B(1), above, shall be distributed in each year of this Agreement by allocating $25,000 for each period described in this paragraph. Each request must be filed on or before the following deadlines to be considered for reimbursement:

a.   First course meeting occurs between July 16 and November 1: Submit request for approval by not later than November 1

b.   First course meeting occurs between November 2 and March 1: Submit request for approval by not later than March 1

c.   First  course  meeting  occurs   between March 2 and July 15: Submit request for approval by not later than July 15. 3.    The amount allocated in accordance with subsection B(2), above, shall be divided by the total amount of tuition and approved fees timely requested. Each request shall be funded at the percentage level of such ratio.

C.        In each year of this Agreement the COMMITTEE shall allocate twenty-five thousand dollars ($25,000) for the purpose of promoting teachers' professional development by means other than those identified in subsection B(1), above. Specifically, the sum shown shall be used each year for the reasonable expenses (including fees, meals, lodging, and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request of, and with the advance approval of, their principal, and the Superintendent or her/his designee. Staff members who have submitted the appropriate form to his/her Principal by shall be eligible to receive reimbursement as described above. The money shall be distributed equally between all acceptable applications (an individual teacher may have more than one acceptable application) no later than. [This item will be reviewed by the JLMC, and a recommendation regarding the dates will be made to the respective bargaining teams no later January 30, 2013.]

D.        The COMMITTEE agrees to appropriate $25,000 each year for the employment of teachers in summer workshop sessions.

Section 2. Mileage Allowance

A.        Teachers who are assigned to more than one school in any one school day will receive compensation for all inter-school driving done by them.

B.        This compensation will be the rate in effect in March of each year as established by the Internal Revenue Service. Such rate shall be used for mileage reimbursement during the ensuing contract year.

Section 3. Method of Payment

A.        Daily rate of pay will be 1/183 for duration of agreement for determining proration of salary.

B.        Pay day for all members of the bargaining unit will be Wednesday, with a bi-weekly payroll. The pay day shall be changed from Wednesday to Friday effective upon the City of Pittsfield’s implementation of same (note: The parties understand that upon said change all other references to Wednesday in this section will be considered to mean Friday). The COMMITTEE’s processing of payroll should ensure that staff receives payment on the designated pay day. The COMMITTEE shall not be responsible for third party delays. The COMMITTEE’s timelines for submission of timesheets must be adhered to.

1.         Any member of the bargaining unit who, as of the start of the 2005-06 contract year, was receiving twenty-six (26) paychecks in a contract year, and any member of the bargaining unit first hired for the 2005-06 contract year, or who is hired thereafter, shall in each year thereafter be paid on a 26-check schedule.

2.         Any unit member who selected Option 1, as described in subsection C of this section, in June 2005 for the 2005-06 contract year, or who was already receiving 21 checks per year, shall be “grandfathered,” and may continue to be paid in 21 checks as long as she/he desires; but any such grandfathered unit member who subsequently opts to get paid 26 times, as described in Option 2 of subsection C of this section, shall not be permitted thereafter to return to the 21-check option.

C.        Solely in accordance with the conditions set forth in the preceding subsection, members of the bargaining unit may elect one of the following two methods of payment. Such election must be made on forms provided by the COMMITTEE before June 15 of the school year prior to implementation.

Option 1.

Teachers electing this option shall receive their pay as follows:

1. For the Agreement effective August 25, 2012, and ending August 24, 2015, paychecks will be issued every other Wednesday beginning September 1 through June 2013.

2.      There will be twenty-one                              (21) paychecks issued during the course of the aforesaid period. Each paycheck will be in the amount of one twenty-first (1/21st) of the annual salary.

3.      Pay schedules for the following school year will be issued on or before the last day of school in June, provided the payroll calendar has been adopted by that date.

Option 2.

1.      For the Agreement effective August 25, 2012, and ending August 24, 2015, paychecks will be issued every other Wednesday beginning September 1, with the twenty-sixth and final check issued during August. .                  2.      Each paycheck will be in the amount of one twenty-sixth (1/26th) of the annual salary.

3. Pay schedules for the following school year will be issued on or before the last day of school in June, provided the calendar has been adopted by that date.

D.        Not later than the second paycheck of the school year, each teacher shall be provided with a written statement reporting the teacher's:

    Salary step placement

    Base salary for the current year

    Compensation for earned graduate credits

    Longevity, if applicable

    Accumulated sick leave effective at the start of the school year

    Current insurance coverage

    Stipends or differentials (if applicable at the time of notice) and any such comparable matters pertaining to the teacher's employment and compensation as it may be possible to inform each teacher of at that time.

E.         Any employee hired on or after August 25, 2010 will be required to receive his/her compensation through direct deposit.

Section 4. Early Notice of Resignation with Intent to Retire

A. Except as set forth in subsection B, below, any teacher meeting the qualifications set forth in subsection C, below, whose formal notice of her/his intent to resign from the Pittsfield Public Schools is received by January 1 of the calendar year of her/his resignation shall be paid a $5,000 one-time bonus.  Said payment shall be made in the month following the teacher's retirement.

B.       No payment shall be made pursuant to subsection A, above, to a teacher who retires during a school year.

C.       In order to qualify for the bonus provided in subsection A, above, a teacher must:

1.      invoke this provision in writing;

2.      be eligible to retire under the rules of the Massachusetts Teachers Retirement Board; and

3.      must have not less than ten (10) full school years of continuous service as a teacher in the Pittsfield Public Schools immediately prior to seeking this benefit. "Full year" shall mean the entire teachers' work year. A form appearing as "Appendix A" to this Agreement shall be available from the Personnel Office for invoking this provision in writing..

D.        Notice of resignation submitted under this provision shall be revocable only with the consent of the prospective resignee and the Pittsfield Public Schools, and only under extraordinary circumstances. Any request to revoke a resignation submitted under this provision shall, if contested by the Pittsfield Public Schools, be decided by majority vote of a committee composed of four (4) members, two (2) being members of the UPE, one being the Superintendent of School or her/his designee and one (1) being a member of the School Committee. The decision of said committee shall be final and shall not be subject to the grievance procedure of this Agreement.

E.               1.  A teacher who has received compensation under the provisions of a predecessor agreement for giving early notice of intent to retire, and who is employed by the Pittsfield Public Schools as of September 7, 1999, may exercise one of the following options, election of which shall exclude all others:

Option 1:  The teacher may resign as planned and receive the compensation that was stipulated in the predecessor agreement; or

Option 2:  The teacher, if she/he formally stated her/his intent to resign during the 1999-2000 school year, may rescind her/his notice of intent to resign, and either (a) repay whatever   she/he has received as an early notice incentive under the predecessor agreement, or (b) change her/his stated resignation date to not earlier than the end of the 1999-2000 school year, and receive the payment described in subsection A,. above; or

Option 3:  The teacher, if she/he formally stated her/his intent to resign not earlier than the end of the 1999-2000 school year, may receive the payment described in subsection A, above, so long as her/his formally stated intent to resign is not withdrawn before January 1 of the year in which the resignation was stated to be effective.

2.    Except when a teacher elects Option 1, no payment for early notice of intent to resign shall be made to a teacher otherwise eligible for this payment except in accordance with subsection A, above.  A teacher eligible under Option 2(b) or Option 3 for the benefit described in subsection A, and who, prior to the effective date of this Agreement, received payment for early notice of intent to retire under the provisions of a predecessor agreement, shall not be entitled to receive more than a total of $5,000 for early notice of intent to resign.

F.        If a teacher has provided early notice of intent to resign consistent with the provisions of this section, so that the teacher is entitled to the benefit described in subsection A, above, then, if that teacher dies before he/she could finish the work requirement described in subsection B, above, the sum that would have been due the teacher upon completion of her/his employment shall be deemed a debt owed to that teacher at the time of her/his death, and, consistent with the laws of the Commonwealth of Massachusetts, the teacher's estate shall receive the payment otherwise due to the teacher.

Section 5. Severance Pay

A.        Upon the retirement or death of a teacher, the following severance pay provisions shall be applicable for service in the Pittsfield Public Schools.

1.        Severance pay shall be granted to a teacher with at least twenty (20) years service as a teacher or administrator in the Pittsfield Public Schools. An accounting of all unused sick leave while a professional employee of the Pittsfield Public Schools will be made. The teacher shall receive ten percent (10%) of his/her daily rate of compensation for each unused sick day. The COMMITTEE shall inform the estate of a teacher who dies in service of the provisions of this Agreement.”

2.        A teacher who, upon her/his separation from employment by the Pittsfield Public Schools, qualifies to receive severance pay, and who has used not more than one-half of the personal leave days available to her/him during her/his period of employment as a teacher by the Pittsfield Public Schools, shall receive $100.00 for each unused personal leave day as part of her/his severance pay.

B.        A member of the bargaining unit who resigned her/his position at the end of the 2004-05 school year, and who was eligible to retire under the laws and regulations governing the Massachusetts Teachers Retirement Board, shall receive payment of one thousand three hundred and fifty dollars ($1,350) within thirty (30) days of the ratification of this Agreement by the COMMITTEE and the UEP.

Section 6. Placement on the Salary Schedule

A.        Full credit, not to exceed ten (10) years, will be given for previous teaching experience upon initial employment.

1.   The COMMITTEE may place a newly hired teacher up to Step 12 on the 2002-2003 salary schedule regardless of her/his experience.

2.   The COMMITTEE may place a newly hired teacher up to Step 13 on the salary schedule regardless of her/his experience. In every such case the Superintendent of Schools or her/his designee shall notify the UEP that this is being done. Further, the Superintendent or her/his designee shall consult with the UEP regarding the rationale in each instance that a new hire is placed other than at her/his appropriate experience level.

B.     1.      A teacher who was employed by the Pittsfield Public Schools, who left the employ of

the Pittsfield Public Schools, and who returns to work for the Pittsfield Public Schools after an absence not exceeding five years (60 calendar months), shall be paid at the contractual salary step warranted by her/his experience.

2.      Previously accumulated unused leave days will be restored to returning teachers who return within three (3) years of the time they left the Pittsfield School System.

3.      The School Committee may grant credit on the salary scale for military service up to three (3) years prior to employment in Pittsfield.

4.      A Career/Vocational Technical Education teacher who teaches students in the occupational or vocational programs may be employed with or without a degree if he or she is certified by the Department of Elementary and Secondary Education, Division of Occupational Education, or is on an approved waiver. In either event, a new teacher, if he/she has not been teaching at least six (6) years, may be granted up to six (6) years of experience in determining his or her placement on the salary schedule. Said teachers will be placed on the appropriate Step of the following preparation levels of the Basic Salary Schedule:

Career/Vocational Technical Education without a Degree – Bachelor’s Level Career/Vocational Technical Education with a Bachelor’s Degree – Master’s Level Career/Vocational Technical Education with a Master’s Degree – CAGS Level

5. A teacher who has retired and who returns to work for the Pittsfield Public Schools under a critical shortage declaration duly approved by the Massachusetts Department of Education, who left the employ of the Pittsfield Public Schools, and who returns to work for the Pittsfield Public Schools after an absence not exceeding five years (60 calendar months), shall be paid at the contractual salary step warranted by her/his experience.

D.             1.  Teachers holding a Bachelor's Degree may accumulate credit in blocks of 6-12-18-24-30 credits before the Master's at the rate of $30 per credit for successful completion of prior approved courses. Effective August 25, 2013, this provision shall no longer be effective. Instead, teachers will be placed on the appropriate column of the salary schedule (see Section 8(A)). If a teacher is receiving compensation for credits that do not correspond with a particular column prior to August 25, 2013, said teacher will continue to receive compensation based upon said number of credits until the teacher obtains a sufficient number of credits to move to the next column. For example, if a teacher currently holds a B+6, said teacher will continue to be compensated based upon B+6 until said teacher is eligible to move to B+15.

2.   Teachers holding a Master's Degree may accumulate credit for successful completion of prior approved courses taken after earning a Master's Degree and before earning a Doctor's Degree in the following amount:

a.   Teachers holding a Master's Degree may accumulate credit for successful completion of prior approved courses taken after earning a Master's Degree and before earning a Doctor's Degree in the following amount: Forty-eight (48) semester hours at thirty-five dollars ($35) per credit hour.

b.   Teachers who accumulate 60 credits beyond a Masters will be paid at a level equal to $3,000 greater than the MA column. Courses taken after MA+60 will be reimbursed at $50/credit.

c.   Effective August 25, 2013, this provision (i.e., Section 2 including subsections a and b) shall no longer be effective. Instead, teachers will be placed on the appropriate column of the salary schedule (see Section 8(A)). If a teacher is receiving compensation for credits that do not correspond with a particular column prior to August 25, 2013, said teacher will continue to receive compensation based upon said number of credits until the teacher obtains a sufficient number of credits to move to the next column. For example, if a teacher currently holds a M+6, said teacher will continue to be compensated based upon M+6 until said teacher is eligible to move to M+15.

3.   Career/vocational teachers shall receive $90 for each block of six (6) credits earned after September 1, 1999.  Effective August 25, 2013, this provision shall

no longer be effective. Instead, teachers will be placed on the appropriate column of the salary schedule (see Section 8(A)). If a teacher is receiving compensation for credits that do not correspond with a particular column prior to August 25, 2013, said teacher will continue to receive compensation based upon said number of credits until the teacher obtains a sufficient number of credits to move to the next column. 4.  a. Any member of the bargaining unit who was awarded a doctorate before September 1, 1997, will receive $50.00 for each credit hour earned after receipt of her/his doctorate of which there is a record in the employee's personnel file by the end of the working day on May 26, 1998. Payment for the credit hours will be effective July 1, 1997. Effective August 25, 2013, this provision shall no longer be effective. Instead, teachers will be placed on the appropriate column of the salary schedule (see Section 8(A)). However, any teacher who has already earned credits beyond a Doctorate pursuant to this section shall continue to be compensated for said credits, but will not be compensated for additional credits earned after August 25, 2013. b. Any member of the bargaining unit who is awarded a doctorate on or after September 1, 1997, or who has a doctorate and is employed by the Pittsfield Public Schools after July 1, 1998, will receive $50.00 for each credit earned after receipt of her/his doctorate, and for which suitable evidence is presented, provided that (i) the credit hour was earned after September 1, 1998, and (ii) if the credit hour was earned while the individual was employed by the Pittsfield Public Schools, then it was approved in the same manner as other credit hour compensation. Said payment will be effective for the 1998-99 school year.

Effective August 25, 2013, this provision shall no longer be effective. Instead, teachers will be placed on the appropriate column of the salary schedule (see Section 8(A)). However, any teacher who has already earned credits beyond a Doctorate pursuant to this section shall continue to be compensated for said credits, but will not be compensated for additional credits earned after August 25, 2013.

5.  If a teacher is requested to teach outside her/his certification area, then the teacher will be reimbursed the reasonable cost of taking a course in that subject area, less anything available from professional development.    "Reasonable cost" means tuition   and   fees   otherwise   approvable   for   reimbursement   charges   at   a Massachusetts State College.

Section 7. Longevity

Payments in addition to other entitlements will be granted on the basis of length of service as defined in Article IV, § 25, Seniority, of this Agreement in the following amounts:

Effective

August 25, 2012

August 25, 2013

August 25, 2104

Years of Service

.75% increase

.75% increase

1% increase

15-19 years

$491

$494

$499

20-24 years

$675

$680

$687

25+ years

$980

$988

$998

The payment after 20 and 25 of service is the total longevity payment due and is not in addition to the dollar payment given in the previous category or categories.

UNITED EDUCATORS OF PITTSFIELD Section 8.A, Basic Salary Schedule

See attached Salary Schedules marked as 8.A.

UNITED EDUCATORS OF         PITTSFIELD

Section 8.B, Occupational and Physical Therapists Salary Schedule

See attached Salary Schedules, marked as 8.B

UNITED EDUCATORS OF PITTSFIELD Section 8.C, School Nurses Salary Schedule

See attached Salary Schedules, marked as 8.C

Section 9. Increments and Salary Step            Movement

A.        During the first three full school years of her/his employment as a teacher by the Pittsfield Public Schools, a teacher shall move automatically to the next salary step in her/his second full year, and to the salary step after that in her/his third full year of employment as a teacher. For purposes of this section, "full school year" shall mean a school year in which an individual's actual work as an appointed teacher has started by not later than October 1 of the school year.

B.        1.  In the fourth year of her/his employment, and thereafter, a teacher shall be eligible for

salary step movement only by earning increment credits.    Increment credits are necessary for a teacher's salary step movement as follows.

Teacher's Academic Degree                        Professional Development Points

Needed per year No Bachelors Degree                                  45 PDPs

Bachelors Degree                                       30 PDPs

Masters Degree or more                              15 PDPs

For purposes of this section, one graduate credit hour shall be deemed the equivalent

of 15 PDPs.

2.   In order for salary step movement to be effective at the start of the teachers' work year, satisfactory evidence of having earned a suitable number of increment credits shall be presented by the teacher to the Personnel Office by not later than October 1. Satisfactory evidence of having earned a suitable number of increment credits that is so presented after October 1, but not later than February 1, shall make said teacher's salary step movement effective February 1.

3.   a.   Effective with the 2000-2001 contract year, PDPs will count toward step movement only if the are deemed administratively to be recognized by the Massachusetts Department of Education as creditable toward a teacher’s recertification  by  that  agency.     The  point  of  reference  for  making  this determination shall be the Department’s duly published regulations and guidelines on teacher recertification.

b.  In the event of an administrative determination that a teacher’s claimed PDPs are not recognized by the Massachusetts Department of Education as creditable toward a teacher’s recertification, the teacher shall have the right to meet with the Superintendent   of   Schools   and   her/his   designee   to   seek   review   of   that determination. An administrator other than the one who made the determination to which the teacher objects shall conduct said review.   The decision of the Superintendent or her/his designee in this review shall be final, and shall in no case be subject to the grievance procedure set forth in Article V of this Agreement.

C.        Career/vocational teachers may be granted in-service credit for trade-related courses, seminars, workshops and institutes.   The number of credits to be awarded for each approved course, seminar, workshop or institute taken by the career/vocational teacher will be determined by the Superintendent of School or her/his designee after consultation with the Assistant Superintendent for Career/Vocational Technical Education and the teacher involved.  All such in-service credit determinations shall be in conformity with the requirements of M.G.L. c. 74.

Section 10. Differentials

A.

Title

Effective August 25, 2012

Effective August 25, 2013

Effective August 25, 2014

Department Heads, Unit Leaders & PCHP Head Teacher*

 

 

 

 

 

 

 

Fewer than 5 teachers

$4,124

$4,155

$4,196

5-10 teachers

$4,477

$4,511

$4,556

11-15 teachers

$4,827

$4,863

$4,912

16 or more teachers

$5,171

$5,210

$5,262

 

 

 

 

* The Department Head, Unit Leader, and/or PCHP Head Teacher will be included in determining the total number of teachers.

 

 

 

*Supervisory/Department Head Vocational Technical Program

$7,054

$7,106

$7,177

Team Leaders

$3,891

$3,920

$3,959

Instructional Technology Specialist

$3,720

$3,748

$3,785

Head Teachers

$1,768

$1,781

$1,799

Head Teachers (Non-Community Schools), in Principal's absence

$620

$624

$631

Head Teachers (Middle Schools) (in Principal's absence)

$63

$64

$65

*The position description dated May 1997 is incorporated by reference into this Agreement.

B.        Unit Leaders with Evaluation responsibilities for paraprofessionals shall be compensated as follows:

No. of Paras. Evaluated

Differential Effective August 25, 2012

Differential Effective August 25, 2013

Differential Effective August 25, 2014

1-6

$184

$186

$188

7-12

$365

$367

$371

13-18

$546

$550

$556

19-24

$729

$735

$742

25-31

$911

$918

$927

32-36

$1,093

$1,101

$1,112

37-42

$1,275

$1,285

$1,298

C.        Department Head and Team Leader positions will be posted and appointed on an annual basis. If there is more than one (1) qualified applicant for such a position, the principal or other administrator shall not be required to interview more than two (2) such applicants, although nothing herein shall be construed to prohibit a principal or other administrator from interviewing as many internal applicants for such a position as she/he deems necessary. The identity of the applicants who will be interviewed under this section shall be determined by the principal or other administrator.

Section 11 High School Coaching Positions Group I Head Coaches:

 

 

 

 

 

Effective

Effective

Effective

Effective

Effective

Effective

 

 

August  25,   August 25,   August  25,   August 25,   August  25,   August  25,

 

 

2012

2012

2012

2012

2012

2012

 

Football

 

 

 

 

 

 

 

Basketball Boys

 

 

 

 

 

 

 

Basketball Girls

 

 

 

 

 

 

 

Hockey

 

 

 

 

 

 

 

Baseball

$3,514

$3,717

$3,916

$4,115

$4,317

$4,514

 

Softball

 

 

 

 

 

 

 

Soccer Boys

 

 

 

 

 

 

 

Soccer Girls

 

 

 

 

 

 

 

Lacrosse

 

 

 

 

 

 

 

 

Effective August  25,

Effective August 25,

Effective August  25,

Effective August 25,

Effective August  25,

Effective August  25,

 

 

2013

2013

2013

2013

2013

2013

 

Football

 

 

 

 

 

 

 

Basketball Boys

 

 

 

 

 

 

 

Basketball Girls

 

 

 

 

 

 

 

Hockey

 

 

 

 

 

 

 

Baseball

$3,541

$3,745

$3,946

$4,145

$4,350

$4,547

 

Softball

 

 

 

 

 

 

 

Soccer Boys

 

 

 

 

 

 

 

Soccer Girls

 

 

 

 

 

 

 

Lacrosse

 

 

 

 

 

 

 

 

Effective August  25,

Effective August 25,

Effective August  25,

Effective August 25,

Effective August  25,

Effective August  25,

 

 

2014

2014

2014

2014

2014

2014

 

Football

 

 

 

 

 

 

 

Basketball Boys

 

 

 

 

 

 

 

Basketball Girls

 

 

 

 

 

 

 

Hockey

$3,576

$3,782

$3,985

$4,187

$4,393

$4,593

 

Baseball

 

 

 

 

 

 

 

Softball

 

 

 

 

 

 

 

Soccer Boys

 

 

 

 

 

 

 

Soccer Girls Lacrosse

 

 

 

 

 

 

Group II Head Coaches

Sport

Minimum      Step 1            Step 2            Step 3            Step 4            Maximum

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August  25,   August 25,   August  25,   August  25, 2012              2012              2012              2012              2012              2012

Track Boys Track Girls Gymnastics Swimming Boys* Swimming Girls* Wrestling

$2,661

$2,887

$3,116

$3,344

$3,575

$3,800

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August  25,   August 25,   August  25,   August  25, 2013              2013              2013              2013              2013              2013

Track Boys Track Girls Gymnastics Swimming Boys* Swimming Girls* Wrestling

$2,681

$2,909

$3,140

$3,369

$3,601

$3,829

 

Effective August  25, 2014

Effective August 25, 2014

Effective August  25, 2014

Effective August 25, 2014

Effective August  25, 2014

Effective August  25, 2014

Track Boys Track Girls Gymnastics Swimming Boys* Swimming Girls* Wrestling

$2,708

$2,938

$3,171

$3,403

$3,637

$3,867

Group III Head Coaches

Sport

 

 

 

 

 

 

Minimum      Step 1            Step 2            Step 3            Step 4            Maximum

 

Effective August  25, 2012

Effective August 25, 2012

Effective August  25, 2012

Effective August 25, 2012

Effective August  25, 2012

Effective August  25, 2012

Golf Tennis Boys

$2,020

$2,160

$2,331

$2,488

$2,646

$2,855

Tennis Girls X Country Boys X Country Girls X-Ctry Skiing Boys X-Ctry Skiing Girls Volleyball Boys Volleyball Girls Alpine Skiing

 

 

 

 

 

 

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August  25,   August 25,   August  25,   August  25, 2013              2013              2013              2013              2013              2013

Golf

Tennis Boys Tennis Girls X Country Boys X Country Girls X-Ctry Skiing Boys X-Ctry Skiing Girls Volleyball Boys Volleyball Girls Alpine Skiing

$2,035

$2,176

$2,349

$2,506

$2,666

$2,877

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August  25,   August 25,   August  25,   August  25, 2014              2014              2014              2014              2014              2014

Golf

Tennis Boys Tennis Girls X Country Boys X Country Girls X-Ctry Skiing Boys X-Ctry Skiing Girls Volleyball Boys Volleyball Girls Alpine Skiing

$2,056

$2,198

$2,372

$2,531

$2,692

$2,905

Group IV Ass't Coaches

 

Sport

Minimum      Step 1            Step 2            Step 3            Step 4            Maximum

 

Effective August  25, 2012

Effective August 25, 2012

Effective August  25, 2012

Effective August 25, 2012

Effective August  25, 2012

Effective August  25, 2012

Baseball Football Basketball Boys Basketball Girls

$2,233

$2,426

$2,611

 

 

$2,855

Softball Soccer Boys Soccer Girls Lacrosse Volleyball Boys Volleyball Girls

 

 

 

 

 

 

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August  25,   August 25,   August  25,   August  25, 2013              2013              2013              2013              2013              2013

Baseball Football Basketball Boys Basketball Girls Softball Soccer Boys Soccer Girls Lacrosse Volleyball Boys Volleyball Girls

$2,249

$2,444

$2,631

 

 

$2,877

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August  25,   August 25,   August 25,   August  25, 2014              2014              2014              2014              2014              2014

Baseball Football Basketball Boys Basketball Girls Softball Soccer Boys Soccer Girls Lacrosse Volleyball Boys Volleyball Girls

$2,272

$2,469

$2,657

 

 

$2,905

Group V Ass't Coaches

 

Sport

Minimum      Step 1            Step 2            Step 3            Step 4            Maximum

 

Effective August  25, 2012

Effective August 25, 2012

Effective August  25, 2012

Effective August 25, 2012

Effective August  25, 2012

Effective August  25, 2012

Track Boys Track Girls Wrestling

$1,658

$1,827

$1,936

 

 

$2,517

 

Effective August 25, 2013

Effective August 25, 2013

Effective August  25, 2013

Effective August 25, 2013

Effective August  25, 2013

Effective August  25, 2013

Track Boys Track Girls Wrestling

$1,671

$1,840

$1,951

 

 

$2,536

 

Effective August  25,

Effective August 25,

Effective August  25,

Effective August 25,

Effective August  25,

Effective August  25,

 

2014

2014              2014              2014              2014              2014

 

Track Boys Track Girls Wrestling

$1,687

$1,859

$1,970

 

 

$2,561

 

Group VI Ass’t Coaches

 

 

Sport

Minimum

Step 1            Step 2            Step 3            Step 4            Maximum

 

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August  25,   August 25,   August  25,   August  25, 2012              2012              2012              2012              2012              2012

 

Cross Country

$1,272

$1,272                                                                                $1,272

 

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August 25,   August 25,   August  25,   August  25, 2013              2013              2013              2013              2013              2013

 

Cross Country

$1,282

$1,282                                                                                $1,282

 

 

Effective        Effective        Effective        Effective        Effective        Effective August  25,   August 25,   August  25,   August 25,   August  25,   August  25, 2014              2014              2014              2014              2014              2014

 

Cross Country

$1,295

$1,295

 

$1,295

 

 

 

 

TRAINER

 

Effective

August 25,

2012

Effective

August 25

2013

Effective

August 25

2014

 

 

 

 

$5,658           $5,701           $5,758

 

 

FACULTY MANAGE

R**

Effective

August 25,

2012

Effective

August 25

2013

Effective

August 25

2014

 

 

 

 

$4,514

$4,547

$4,593

 

 

*If either the boys' or girls' team has five (5) or fewer members, then the stipend will be at the rate set for one coach **Shall work the teachers' work year plus ten days.

Ticket Takers, Ticket Sellers        Rate of pay will be no less than that of the 1996-1997

Score Keepers, Timer,                  season. Positions funded by gate receipts. Persons

Game-site Managers, &               taking one of positions does so for the entire season other similar positions

Section 12. Coaches

A.

Intramural Middle School

 

 

 

Season

Effective August 25, 2012

Effective August 25, 2013

Effective August 25, 2014

 

 

 

 

Fall

$1,109

$1,118

$1,129

Winter

$1,406

$1,417

$1,431

Spring

$1,109

$1,118

$1,129

 

 

 

 

Intramural High School

 

 

 

Season

Effective August 25, 2012

Effective August 25, 2013

Effective August 25, 2014

 

 

 

 

Fall

$1,232

$1,241

$1,254

Winter

$1,109

$1,118

$1,129

Spring

$1,109

$1,118

$1,129

Section 13.

A. High School Co-Curricular Activities

Category

Positions In Category

Effective

Effective

Effective

 

 

August

August

August

 

 

25, 2012

25, 2013

25, 2014

I

High School Band

 

 

 

 

High School Chorus Orchestra

$3,645

$3,672

$3,709

II

Academic Decathlon* Cheerleaders (2 per school) Color Guard

 

 

 

 

Drama** Sr. Class Advisor Jr. Class Advisor Yearbook Editor

$2,597

$2,617

$2,643

III

Environmental/Environmental Future Teachers of America Newspaper Quiz Team†

 

 

 

 

Radio Station School Store

Sophomore Class Advisor Student Senate/Council Yearbook Business Mgr. ††

$1,118

$1,127

$1,138

IV

Computer Program Club Freshman Class Advisor Language Clubs National Honor Society

 

 

 

 

Pep Club

Students Against Drunk

Driving (SADD) Technology Club Literary Journal

$729

$735

$742

V

Math League

 

 

 

 

Internet Club Photography Club

$365

$367

$371

*         Yearbook Business Manager shall be responsible for finances as connected with yearbook and the Literary Journal. **        The Drama Advisor will be responsible for a fall as well as a spring production.

         The Quiz Team Advisor shall be responsible for participation in the County Quiz Team Leagu participation in local and regional radio Quiz contests, and participation in TV quiz contests. Payment will be as follows:

Effective        $281      per TV show up to                            $1,108

August 25,

2012 Effective        $283                                                             $1,117

August 25,

2013 Effective        $286                                                             $1,128

August 25, 2014

††        Two Academic Advisors at a single high school may receive the full stipend provided that the high school involved enters two complete Academic Decathlon teams into official competition in the Academic Decathlon program.

1.       All above shall be subject to the following provisions:

a.      Positions shall be advertised in the usual manner.

b.      Building  principals shall  provide  detailed  outlines  of  programs  to  be implemented.

c.      Annual reports shall be required of each moderator.

2.       As is the case with any position/activity listed in the collective bargaining agreement, the Pittsfield Public Schools will determine, at its discretion, whether to fund and/or fill any of the above-listed co-curricular activities.

3.       The building principal, with the concurrence of the superintendent, may petition the School Committee to finance a worthy additional co-curricular activities.

B.     Middle School and Elementary School

1.         In 2004-05 and thereafter, a total of three thousand nine hundred ($3,900) shall be appropriated for the elementary schools' co-curricular activities.

2.         The particular activities to be offered at each middle and elementary school will be determined by the building principal. Except as set forth in paragraph 3., below, compensation for such activities will be determined by a designated representative of the UEP and the Assistant Superintendent for Personnel and Negotiations.

The position of middle school band director, orchestra director, and choral director shall be compensated as a Category III position under Article XV § 13.A, above.

C.        Division of Co-or Extra-Curricular Compensation Permitted

Two or more teachers may divide the duties of a co-or extra-curricular position, and therefore the stipend for that appointment, with the approval of the of the Superintendent or her/his designee. The Superintendent or her/his designee shall notify the UEP when this is done.

D.        Per Diem Payment for Co-and Extra-Curricular Work

Co-or extra-curricular positions may be compensated at a per diem rate if and only if (1) a timesheet is used by any teacher duly appointed to the position, (2) the per diem rate to be used is approved in writing by the Superintendent or her/his designee, and (3) the total sum paid to the teacher or teachers so dividing the compensation for the position shall not exceed the amount of the stipend for the specific position that is set forth in this Agreement.

E.        Written Notice of Appointment for Co-and Extra-Curricular Positions

No appointment to any co-or extra-curricular position shall be deemed effective and therefore as requiring payment unless and until a written notice of appointment has been

sent by the Superintendent of Schools or her/his designee to the individual recommended for that position.

Section 14. Driver Education Teachers

Behind-the-wheel instructors will receive the following:

Effective August 25, 2012             $17.70            Per class hour

Effective August 25, 2013             $17.83

Effective August 25, 2014             $18.01

Classroom instructors will receive the following:

Effective August 25, 2012             $19.43            Per class hour

Effective August 25, 2013             $19.58

Effective August 25, 2014             $19.78

Section 15. Home Instruction Teachers

Home Instruction teachers will receive the following:

Effective August 25, 2012             $19.43            Per class hour

Effective August 25, 2013             $19.58

Effective August 25, 2014             $19.78

Certified teachers employed by the COMMITTEE shall be given an opportunity for homebound

instruction assignments before certified teachers not employed by the COMMITTEE are given

such assignments.

Section 16. TEAM Evaluations

Personnel required to participate in TEAM evaluation sessions outside of their regular workday shall be compensated at the rate paid to teachers of children on homebound instruction.

Section 17. Evening School Teachers

A.        Certified teachers instructing within their area(s) of certification will receive:

Effective August 25, 2012             $24.32            Per class hour

Effective August 25, 2013             *

Effective August 25, 2014             **

B.        Other teachers (Leader) will receive:

Effective August 25, 2012             $19.43            Per class hour

Effective August 25, 2013             *

Effective August 25, 2014             **

*Effective August 25, 2013, increase the hourly rate by 1.0% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of at least $1,000,000 above the Chapter 70 monies received in fiscal year 2013; increase the hourly rate by 0.75% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of at least $750,000, but less than $1,000,000 above the Chapter 70 monies received in fiscal year 2013; increase the hourly rate by 0.50% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of less than $750,000 above the Chapter 70 monies received in fiscal year 2013 and/or a decrease in Chapter 70 monies. ** Effective August 25, 2014, increase the hourly rate by 1.25% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of at least $1,000,000 above the Chapter 70 monies received in fiscal year 2014; increase the hourly rate by 1.0% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of at least $750,000, but less than $1,000,000 above the Chapter 70 monies received in fiscal year 2014; increase the hourly rate by 0.75% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of less than $750,000 above the Chapter 70 monies received in fiscal year 2014 and/or a decrease in Chapter 70 monies.

Section 18. Curriculum and Workshop Teachers and Workshop Leader

Teacher                              Effective upon ratification    $27.62          Per class hour

Effective August 25, 2013     $27.82 Effective August 25, 2014     $28.10

Leader                                Effective upon ratification    $29.21          Per class hour

Effective August 25, 2013     $29.41 Effective August 25, 2014     $29.71

Section 19. Part-time A.B.E. Teachers and Certified E.S.L. Teachers

Effective August 25, 2012             $29.67            Per class hour

Effective August 25, 2013             *

Effective August 25, 2014             **

*Effective August 25, 2013, increase the hourly rate by 1.0% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of at least $1,000,000 above the Chapter 70 monies received in fiscal year 2013; increase the hourly rate by 0.75% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of at least $750,000, but less than $1,000,000 above the Chapter 70 monies received in fiscal year 2013; increase the hourly rate by 0.50% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of less than $750,000 above the Chapter 70 monies received in fiscal year 2013 and/or a decrease in Chapter 70 monies. ** Effective August 25, 2014, increase the hourly rate by 1.25% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of at least $1,000,000 above the Chapter 70 monies received in fiscal year 2014; increase the hourly rate by

1.0% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of at least $750,000, but less than $1,000,000 above the Chapter 70 monies received in fiscal year 2014; increase the hourly rate by 0.75% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of less than $750,000 above the Chapter 70 monies received in fiscal year 2014 and/or a decrease in Chapter 70 monies.

Section 20. Teen Parent Program Instructors

Effective August 25, 2012             $28.95            Per class hour

Effective August 25, 2013             *

Effective August 25, 2014             **

*Effective August 25, 2013, increase the hourly rate by 1.0% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of at least $1,000,000 above the Chapter 70 monies received in fiscal year 2013; increase the hourly rate by 0.75% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of at least $750,000, but less than $1,000,000 above the Chapter 70 monies received in fiscal year 2013; increase the hourly rate by 0.50% if the school system receives an increase in Chapter 70 monies in fiscal year 2014 of less than $750,000 above the Chapter 70 monies received in fiscal year 2013 and/or a decrease in Chapter 70 monies. ** Effective August 25, 2014, increase the hourly rate by 1.25% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of at least $1,000,000 above the Chapter 70 monies received in fiscal year 2014; increase the hourly rate by 1.0% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of at least $750,000, but less than $1,000,000 above the Chapter 70 monies received in fiscal year 2014; increase the hourly rate by 0.75% if the school system receives an increase in Chapter 70 monies in fiscal year 2015 of less than $750,000 above the Chapter 70 monies received in fiscal year 2014 and/or a decrease in Chapter 70 monies.

Section 21. National Board for Professional    Teacher Standards Compensation

A.        1.  Commencing in the 2000-01 contract year, the COMMITTEE shall compensate up to ten (10) teachers per year for fifty percent (50%) of that teacher’s application fee in seeking certification by the National Board for Professional Teacher Standards (NBPTS). Payment shall be made to the teacher not later than thirty (30) calendar days after the teacher’s submittal to the Superintendent or her/his designee of (a) all documentation of the teacher’s submittal of an appropriate NBPTS application form and (b) a photocopy of the cancelled check, money order, or other means by which payment to the NBPTS was made. 2. In the event that more than ten teachers apply for NPBTS certification in a contract year, reimbursement shall be made to the first ten teachers who submit full documentation of their submittal of completed applications, as set forth above.

B.        Commencing in the 2001-02 contract year, the COMMITTEE shall each year compensate up to ten (10) teachers each year who have been awarded NBPTS certification, the compensation being as follows:

1.   The remaining fifty percent (50%) of the teacher’s NBPTS application fee, which shall be paid not later than thirty (30) calendar days after the teacher’s submittal to the Superintendent or her/his designee of suitable evidence of having been awarded NBPTS certification;

2.   In each full school year of the validity of the NBPTS certificate awarded, $5,000 per year, payable as salary; and

3.   In each partial school year of the validity of the NBPTS certificate awarded, a pro rata portion of $5,000, based on the part of the teacher’s contractual work year during which said valid certification is held, payable as salary.

C.        A teacher who earned NBPTS certification previously under this provision shall continue to be entitled to the annual compensation set forth in § 20.B.2 and B.3, above, for the entire period of the NBPTS certificate’s validity.

D.        By not later than November 1, 2000, a committee composed of up to five representatives of the COMMITTEE and up to five representatives of the UEP shall meet to study the availability to Pittsfield teachers of national or other certifications of subject area knowledge or teaching competency for vocational-technical or other teachers. The study committee shall make recommendations to the COMMITTEE and the UEP not later than March 15, 2001 on the advisability of recognizing said certifications by means of compensation or other means, and, to the extent it deems appropriate, the study committee shall specify the dollar amount it recommends, or other means considered desirable, for such recognition.

Section 22. Mentor Teachers

A.     If the COMMITTEE sponsors a teacher mentoring program during the 2009-10 contract year, then the stipend paid to each mentor teacher shall be $560.

B.        Appointment to a mentoring position shall be made by the Superintendent of Schools or her/his designee. Such appointment shall be made on the recommendation of the building principal or other appropriate supervisory administrator. Such appointments shall be for one year, and shall be renewable.

C.        The Superintendent or her/his designee shall establish standards of performance for mentor teachers on or before August 1, 2000, and shall timely publicize said standards annually to any interested teacher. A copy of said standards shall be provided to the UEP at the time of their publication. The Superintendent or her/his designee will consult with the UEP at the UEP’s request prior to their publication.

D.        The failure of the Superintendent or her/his designee to renew a teacher’s mentoring appointment shall in no case be subject to the grievance procedure set forth in Article V of this Agreement.

Section 23. Compensation Paid in Error

A.        Compensation that is owed to a member of the bargaining unit under this Agreement or a predecessor agreement, and that she/he has not received in error, may be recovered by that teacher, but only retroactive to the start of the fiscal year when the error is discovered.

B.        Compensation that has been paid to a member of the bargaining unit under this Agreement or a predecessor agreement, and that is in excess of what the employee was owed contractually, may be recovered by the COMMITTEE from the bargaining unit member to whom the excess payment was made, but only but only retroactive to the start of the fiscal year when the error is discovered.

C.        As used in this section the term “fiscal year” denotes the period starting July 1 and ending June 30.

Section 24: Irrelevance of Source of Funding

Regardless of the source of funding for payment for work that is covered by this Agreement, compensation rates stated in this Agreement shall apply for all such work.

Section 25: Applicability of Compensation for Retirement

Applicability of compensation for the purpose of retirement is at the sole discretion of the Massachusetts Teachers Retirement System (MTRS).

ARTICLE XVI DURATION

The Agreement shall be effective as of August 25, 2012, and shall continue and remain in full force until August 24, 2015. Not later than January 15, 2015, or at such other date as the parties hereto may agree, said parties shall enter into negotiations for a successor Agreement to become effective August 25, 2015.

IN WITNESS WHEREOF, the parties hereto set their hands and seals, this                      day of __________, 2012.

PITTSFIELD SCHOOL COMMITTEE                      UNITED EDUCATORS OF PITTSFIELD

BY: __________________________                          BY: __________________________________

CHAIRMAN                                                                 PRESIDENT

APPENDIX A

NOTICE OF RESIGNATION

AND CLAIM OF BENEFITS

PURSUANT TO

ARTICLE XV § 4 OF

THE AGREEMENT BETWEEN

THE UNITED EDUCATORS OF PITTSFIELD

AND THE PITTSFIELD SCHOOL COMMITTEE

I, (please print or type name) ______________________________________________________________ hereby invoke Article XV § 4 of the Agreement between the United Educators of Pittsfield and the Pittsfield School Committee, and submit my resignation from the Pittsfield Public Schools, effective (please indicate date) ______________________________________ but not later than the day preceding the start of the next teachers’ work year. In so doing, I claim the benefit stated in Article XV § 4(A) that is due me upon my leaving said employment.

I hereby state that to the best of my knowledge I am eligible to retire under the rules of the Massachusetts Teachers’ Retirement Board, and that I have been continuously employed as a teacher in the Pittsfield Public Schools for not less than ten (10) full years prior to providing this notice.

I will receive payment of the sum provided in the month following my retirement.

I recognize that, except under the conditions set forth in Article XV § 4(D) of the Agreement, my resignation will be effective on the date stated above, and may not be revoked.

SIGNATURE: _______________________________                     DATE: ___________________