Rockland

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DistrictRockland
Shared Contract District
Org Code2510000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2012
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersSouth Shore RVTSD
CountyPlymouth
ESE RegionSoutheast
Urban
Kind of Communityrural economic centers
Number of Schools5
Enrollment2278
Percent Low Income Students31
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Rockland

 

 

 

Agreement

 

 

Between

 

 

The Rockland School Committee

 

and

 

The Rockland Education Association

 

 

 

 

Rockland, Massachusetts

2009-2012

 

 

 

      June 15, 2010

 

 

 

 

TABLE OF CONTENTS

 

 

 

                                                                                                                                                                        Page              

Agreement   ……………………………………………………………………………                                       1

 

 

Witnesseth ……………………………………………………………………………..                                       1

 

 

Article One:                                                   Preamble …………………………………………..                         2

Article Two:                                                  Recognition of the REA ………………………….. 3-4

Article Three:                                                Continuity of Operations ………………………….                         4

Article Four:                                                  Teacher/Administrator Assignments ………………                        4

Article Five:                                                  Transfers …………………………………………...                          5

Article Six:                                                    Vacancies and Promotions …………………………                       6

Article Seven:                                               Positions in Summer/Evening School/

                                                                        Federal Programs …………………………………..                         6

Article Eight:                                                 Teacher Evaluation ………………………………...                        7

Article Nine:                                                  Work Year and Work Day ………………………  8-11

Article Ten:                                                   Salaries ………………………………………...   11-15

Article Eleven:                                              Supplementary Compensation …………………. 15-19

Article Twelve:                                             Insurance & Annuities …………………………….. 20

Article Thirteen:                                           Sick Leave ………………………………………20-22

Article Fourteen:                                          Funeral Leave ……………………………………...                       22

Article Fifteen:                                             Leave of Absence ……………………………… 23-25

Article Sixteen:                                             Sabbatical Leave ………………………………   25-26

Article Seventeen:                                       Reductions in force ……………………………   27-29

Article Eighteen:                                          Teacher Facilities ………………………………  29-30

Article Nineteen:                                          Use of School Facilities ……………………………                       30

Article Twenty:                                            Employment-Related Assault ……………………...                     30

Article Twenty-One:                                    Personal Injury Benefits …………………………                         31

Article Twenty-Two:                                   Miscellaneous ………………………………………                      31

Article Twenty-Three                                  Payroll Deductions ……………………………    31-33

Article Twenty-Four                                    Adjustments of Grievances ……………………   33-36

Article Twenty-Five                                     Provisions for Reopening …….………………….                          36

Article Twenty-Six:                                     Scope of Agreement …………………………     36-37

Article Twenty-Seven                                 Length of Agreement ……………………………….38

 

 

 

Signature Page …………………………………………………………………………. 39

 

 

 

 

 

 

 

 

 

 

 

Rockland Education Association Agreement

 

 

 

AGREEMENT

 

 

 

 

            THIS AGREEMENT made and entered into at Rockland, Massachusetts on June 15, 2010 by and between the School Committee of the Town of Rockland, Massachusetts hereinafter designated and referred to as the “Committee” and the Rockland Education Association located at Rockland, Massachusetts hereinafter designated and referred to as the “Association”, which is an employee organization acting as the agent of certain of the Professional Employees in the employ of the Committee.

 

 

 

WITNESSETH

 

            WHEREAS the Committee and the Association, in the manner and to the extent provided in this Agreement desire to enter into an agreement relating to salaries and other conditions of employment for the Professional Employees described in Paragraph 20 in this Agreement.

 

            NOW THEREFORE in consideration of the mutual agreements herein contained and the performance by the Parties to this Agreement of the provisions and obligations hereinafter set forth, the Committee, the Association and the Professional Employees hereby mutually and jointly agree as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rockland School Committee                          1          Rockland Education Association

 

 

 

 

 

 

 

Rockland Education Association Agreement

 

 

 

Article One

 

PREAMBLE

 

 

            Paragraph 10.  Recognizing that the establishment and maintenance of the highest possible educational and professional standards are essential to the community and the national interest and that the legitimate and mutual interests of the students and the Professional Employees are directly related to the quality and efficiency of the school program operated by the Committee.  It is the intent and purpose of the Parties to this Agreement to provide orderly collective bargaining relations between the Committee and the Association, to provide procedure in the manner and to the extent provided in this Agreement for the prompt and peaceful adjustment of disputes or differences which might arise from time to time, to provide for the implementation.  In the manner and to the extent provided in this Agreement of the rights and benefits of the Professional Employees and to provide for the performance of their work by the Professional Employees in a conscientious and skillful manner which will promote and assure the quality, continuity and efficiency of the operation of the Rockland Public Schools.

 

            Paragraph 11.  The Committee, the Association and the Professional Employees recognize and accept the duty to cooperate fully, faithfully, individually and collectively in adherence to the provisions of this Agreement.  For the purpose of achieving the objectives expressed in Paragraph 10, each Professional Employee pledges that he will cooperate with the Committee in pursuing excellence of professional standards and methods, aiding and encouraging reliable attendance, exercising exemplary conduct and assisting in compliance with the enforcement of the policies, procedures, regulations and standards prescribed by the Committee, which are not contrary to the provisions of this Agreement.

 

            Paragraph 12.  Except when otherwise specifically provided, references in this Agreement to numbered Articles and Paragraphs refer to correspondingly numbered Articles and Paragraphs in this Agreement.  When they appear in this Agreement, the term ‘Teacher’, the term ‘Professional Employee’ and the term ‘Employee’ may be applied interchangeably.

 

 

 

Rockland School Committee                          2                 Rockland Education Association

 

 

 

 

 

 

Rockland Education Association Agreement

 

Article Two

 

RECOGNITION OF THE ROCKLAND EDUCATION ASSOCIATION

 

            Paragraph 20.  Subject to the terms of provisions hereinafter provided and in accordance with the provisions of Chapter 149 of the General Laws of the Commonwealth of Massachusetts the Committee, during the term of and to the extent provided in this Agreement, recognizes the Association as the exclusive collective bargaining representative with respect to salaries, wages and conditions of employment for the Professional Employees employed by the Committee in the bargaining units described as Unit A and Unit B as follows:

 

Unit A

 

All Classroom Teachers, Guidance and Adjustment Counselors and Nurses

 

Unit B

 

Assistant Principals, Directors, Chairpersons, and Coordinators

 

            excluding the Superintendent and all other employees of the Committee.  The term ‘Professional Employees’ shall include all the employees in the bargaining unit described in this Paragraph.  Except as otherwise specifically provided in this Agreement and except when the Association is notified otherwise in writing, the Committee designates the Superintendent of Schools as the agent of the Committee with respect to all matters pertaining to the administration of the provisions of this Agreement.  The provisions of this Paragraph are intended only to describe the Professional Employees covered by this Agreement and not any particular work and all references to a Professional Employee or Employees in this Agreement shall be deemed to include male and female employees as the case may be.

 

            Paragraph 21.  The Committee shall have and retain the right to control, maintain, operate and supervise the educational activities in the Rockland Public Schools: to select, train, assign, transfer and promote the Professional Employees and to periodically evaluate and determine their qualifications: to discipline, suspend or dismiss Professional Employees in the manner provided by law and to limit Association activities, the distribution of literature and solicitation for money or other purposes during working hours and on the premises under the control or supervision of the Committee:  to organize the supervisory staff and the Professional Employees:  to establish, change and discontinue the duties to be performed by the Professional Employees including the right to introduce improved methods, facilities, operations, processes, services and techniques:  to establish, modify and enforce policies and regulations regarding studies, curriculum, textbooks, conduct, discipline, schedules and safety regulations and all other rights pertaining to the operation and management of the business of the Committee and the establishment and change of conditions of employment not specifically given in this Agreement to the Association or to the Professional Employees provided however, that the exercise of these rights shall not be contrary to any specific provisions of this Agreement.

 

            Paragraph 22.  Nothing in this Agreement shall limit or in any way restrict the right of the Committee to include employees employed by the Committee who are not in the bargaining units in the benefit programs as provided in this Agreement on a different basis than for employees in the bargaining units.

 

 

Rockland School Committee                          3                      Rockland Education Association

 

 

Rockland Education Association Agreement

 

 

 

            Paragraph 23.  The Committee and the Association agree that the provisions of this Agreement shall be applied without regard to race, color, religious creed, sex or national origin and that they will not during the term of this Agreement nor at any other time directly or indirectly or in any manner whatsoever apply or attempt to apply any discipline, discrimination or penalty against any Professional Employee who engages or who does not engage in lawful Association activities.

 

            Paragraph 24.  The Association enters into this Agreement on its own behalf and as the collective bargaining representative of the employees in the bargaining units as provided in Paragraph 20.

 

 

Article Three

 

CONTINUITY OF OPERATIONS

 

            Paragraph 30.  It is agreed that neither the Association nor any Professional Employee will directly or indirectly or for any reason cause, encourage, induce, threaten or engage in any work stoppage, slowdown, strike, withholding of services or any interference with any of the functions of the Rockland Public Schools.  In the event that such prohibited conduct occurs, the Association will, promptly and in good faith, endeavor to terminate such prohibited conduct and to resolve the dispute in accordance with the provisions of this Agreement.

 

            Paragraph 31.  A Professional Employee who engages or participates in the prohibited conduct described in Paragraph 30 shall be subject to disciplinary action, including reprimand, suspension and discharge and such disciplinary action shall not be reviewable by arbitration, except that the fact of the participation of the Professional Employee in such prohibited conduct will be subject to arbitration.

 

 

Article Four

 

TEACHER AND/OR ADMINISTRATOR ASSIGNMENTS

 

            Paragraph 40.  All teachers and administrators will be notified in writing of changes in their program for the coming school year, the school or schools to which they will be assigned, the grade and subject they will teach and any special or unusual classes they will have as soon as practicable and under normal circumstances not later than July 1st.

 

            Paragraph 41.  In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of interschool travel and the teachers so assigned will be notified of any schedule changes as soon as practicable.

 

Rockland School Committee              4                      Rockland Education Association

 

 

 

 

Rockland Education Association Agreement

 

Article Five

 

TRANSFERS

 

            Paragraph 50.  A transfer of any professional person covered by this Agreement shall be made only when the Superintendent of Schools considers such transfer to be in the best interests of the school system or in the best interests of the person who is being transferred.

            Paragraph 51.  Any professional employee who wishes a transfer for the current or the following school year shall submit a written request therefor to the Superintendent of Schools between September first and the following August thirty-first.  The Superintendent of Schools shall acknowledge every such request either in writing or by an interview, and the Superintendent shall render a written decision relative to the teacher’s request for a transfer.  If the Superintendent denies the request for the transfer he shall include his reasons for his action in his written decision to the teacher.  A request for a transfer, which is denied, does not automatically carry over into the following school year, and every such request must be renewed annually if the individual continues to wish to be transferred.

            Paragraph 52.  When the School Superintendent decides to make an involuntary transfer of any professional person covered by this Agreement, the Superintendent of Schools shall first consult and meet with such person relative to the matter of the transfer as far in advance as practicable, but no later than August 1st unless there are extreme or extenuating circumstances and the Superintendent of Schools shall provide the teacher with a written statement of the reasons for the transfer.  If the teacher objects to the transfer at the meeting with the Superintendent of Schools, the teacher shall have the opportunity to request a second meeting with the Superintendent relative to the matter of the transfer.  At such second meeting, the teacher may be represented by the Rockland Education Association. If there is going to be a transfer or a room change, then any teacher covered by this contract will get two additional personal days, one each for the next two years unless a change in work schedule has been made to accommodate their move.

            Paragraph 53.  When the School Superintendent selects a professional employee for a transfer, the School Superintendent shall take into consideration the individual’s seniority in the Rockland Public Schools, the individual’s qualifications, certification and area of competence, the individual’s major and minor fields of study, the quality of the individual’s past teacher performance, the instructional requirements of the individual’s new assignment, and the individual’s willingness to be transferred.

            Paragraph 54.  None of the provisions of Article Five shall be subject to arbitration as set forth in Article Twenty-three except in cases in which a Professional Employee on tenure files a grievance alleging that he/she has been wrongfully transferred for disciplinary reasons on account of said employee’s teachers evaluation.  The provisions of Article Five may be subject to the grievance procedure which is contained in said Article Twenty-three: provided, however, that no grievance other than one alleging a wrongful transfer as described in the first sentence of this Paragraph shall go beyond Step #3 which is the step involving an appeal to the School Committee.  Any Grievance which is appealed to the School Committee at Step #3 shall be discussed in open or closed session at the discretion of the grievant.

 

 

Rockland School Committee              5                      Rockland Education Association

 

 

 

Rockland Education Association Agreement

 

 

Article Six

 

VACANCIES AND PROMOTIONS

 

 

            Paragraph 60.   Notices of Vacancies in a professional position will be posted on a bulletin board in each school building.  The Superintendent will endeavor to post said Notices as far in advance of the appointment date as practicable.  Qualifications for a position will be included in the Notice and changes in the qualifications will be posted on the bulletin boards before said position is filled.  During the months of July and August the Notices of Vacancies as provided in this Paragraph will be mailed to the President of the Association at his/her address last known to the Superintendent.

 

            Paragraph 61.  All Teachers and Administrators will be given the opportunity to make application for the open positions.  In selecting an applicant to fill a vacancy as provided in this Article, the Superintendent will give consideration to professional competence and attainment, the length of employment in the Rockland School System and such other factors as the Superintendent considers relevant.

 

 

 

Article Seven

 

POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL AND

UNDER FEDERAL PROGRAMS

 

            Paragraph 70.  Notices of openings for Summer School and Evening School positions and for positions under Federal programs which are under the jurisdiction of the Superintendent will be posted on a bulletin board in each school building.  Applicants will be notified of the action taken regarding their written applications as soon as the Committee finds it practicable.  The provisions of this Article Seven shall not be subject to the grievance procedure or to arbitration as provided in Article Twenty-three.

 

            Paragraph 71.  Positions in the Rockland Summer School and Evening School and positions under Federal programs will, to the extent the Superintendent finds it practicable, be filled first by the regular teachers in the Rockland School System.  In selecting an applicant to fill a position as provided in this Paragraph 71, consideration will be given to his/her area of competence, his/her major and/or minor field of study, the quality of his/her past teaching performance, his/her experience and his/her length of service and attendance record in the Rockland School System.

 

 

Rockland School Committee              6                      Rockland Education Association

 

 

 

Rockland Education Association Agreement

 

 

Article Eight

 

 

TEACHER EVALUATION

 

            Paragraph 80.  Evaluation of teachers is conducted in order to improve the quality of instruction to students.  The main purpose of the evaluative report is to provide a constructive basis allowing teachers and administrators to engage in professional discussions leading to growth and development.  Official classroom visitations are an important but not an exclusive source of evaluative data.  The Principles and Standards for teachers will serve as a basis of teacher evaluation.  Evaluation is essentially a continuous process of assisting staff and not just periodic written reports.  Such evaluation emphasizes strengths on which a teacher can build, as well as weaknesses that need to be corrected or minimized.  In all teacher evaluations, The Evaluation Process for Teachers as ratified by the Rockland Education Association, and by the Rockland School Committee on December 9, 1996, will determine evaluation process and procedure. However, a new teacher evaluation instrument may be developed without opening the contract through the establishment and with the approval of a parity committee of this Association and the School Committee.

 

            Paragraph 81.  The teaching performance of a Professional Employee shall be observed openly and with the knowledge of the employee.  A Professional Employee shall be given a copy of each Evaluation Report by his/her supervisors and he/she shall file a notification that he/she has received a copy of the Report.

 

            Paragraph 82.  A Professional Employee shall be permitted to review the contents of his/her personnel file except for confidential references and other confidential material received by the Superintendent at the time of the employment of said Professional Employee.  The Professional Employee shall acknowledge the opportunity to review the contents of his/her personnel file.  Whenever derogatory allegations have been placed in the file of a Professional Employee he/she shall have the right to answer such allegations in writing to the Superintendent and the answer shall be appended to his/her file.

 

            Paragraph 83.  Any teacher with professional teacher status covered by this Agreement against whom disciplinary measures are taken because of the contents of such employee’s evaluation reports shall have the right to file a grievance which shall be processed as provided in paragraph 232 of Article Twenty-three of this Agreement; and no such disciplinary measures shall be taken except for good cause.  When the Superintendent perceives a teacher to have any particular disciplinary problem or any other particular problem which may be described in an unfavorable manner on the teacher’s  Comprehensive Evaluation Report, the Separate Procedures for Dealing with Unsatisfactory Performance by a Faculty Member with Professional Teacher Status will be followed.

 

Rockland School Committee              7                      Rockland Education Association

Rockland Education Association Agreement

 

Article Nine

 

WORK YEAR AND WORKDAY

 

            Paragraph 90. The work year for Professional employees, other than for new employees who may in the discretion of the Superintendent be required to attend additional orientation sessions, shall begin the Monday preceding Labor Day which will be a teacher orientation day. The first day for students will be the Tuesday preceding Labor Day, the Friday preceding Labor Day will be a non-work day. The work year shall terminate no later than June 30 in the following calendar year, except in the event of an energy crisis; provided, however, that the work year shall not be more than one (1) day longer than the number of days the students are required by the Committee to be in attendance, subject to a maximum of one-hundred eighty-one (181) work days with one-hundred eighty (180) student days, one (1) orientation day, and provided further, that all of the assigned and usual end-of-the-year duties are completed by each Professional Employee in a manner satisfactory to the Superintendent.  The determination as to whether or not there is an energy crisis shall be made by the State or Federal Government or the appropriate State or Federal Agencies.

 

            Paragraph 91.  Except as otherwise provided in this Paragraph and subject to the provisions of Paragraphs 92, 93, 94 and of Paragraph 96, the work day for Pre-Kindergarten and Kindergarten teachers shall be 15 minutes before and 15 minutes after each session and for elementary teachers shall begin fifteen (15) minutes before the students’ day, and end thirty (30) minutes after the students’ day, Monday through Friday: provided however, that the maximum work day for Pre-Kindergarten-Elementary teachers shall be six and three quarters hours (6 3/4).  The work day for secondary teachers shall begin fifteen (15) minutes before and end thirty (30) minutes after the students’ day, Monday through Friday,  provided however, that the maximum work day for secondary teachers shall be seven and one-quarter (7 1/4) hours.  The Committee will establish and modify the starting time and the dismissal time for the students in the Rockland Public Schools provided however, that the maximum work day for the classroom teachers shall conform with the provisions of this Paragraph 91.

 

            Paragraph 92.  It is agreed that the responsibility of the Assistant Principals, Guidance Counselors, Adjustment Counselors, and School Psychologists, are such that they are not susceptible to a schedule of specific hours of work.  For many reasons, including by way of illustration and without being limited to the changing needs of the students the often immediate needs of teachers and parents and emergencies arising from and related to buildings and facilities, their responsibilities as professional administrators require the Assistant Principals, Guidance Counselors, Adjustment Counselors, and School Psychologists, to be available and present when in the judgment of the Superintendent their presence or their services are required.  Accordingly, the Committee and the Association agree not to define the workday for the Assistant Principals, Guidance Counselors, Adjustment Counselors, and School Psychologists.  A Guidance Counselor, School Adjustment Counselor or School Psychologist who works beyond the length of the work day as specified in Paragraph 91 shall be entitled to be paid at the rate of thirty-five dollars ($35.00) per hour as of July 1, 2009, thirty-six dollars ($36.00) per hour as of July 1, 2010, thirty-seven dollars ($37.00) per hour as of July 1, 2011; or to take compensatory time off at a time mutually agreed upon between the Counselor or Psychologist and the Superintendent of Schools.  No other compensatory time will be allowed.  Professional Development and curriculum work shall be entitled to be paid at the rate of thirty-five dollars ($35.00) per hour as of July 1, 2009, thirty-six dollars ($36.00) per hour as of July 1, 2010, and thirty-seven dollars ($37.00) per hour as of July 1, 2011.

 

Rockland School Committee                          8                      Rockland Education Association

 

 

 

Rockland Education Association Agreement

 

            Paragraph 93.  In addition to the normal work day as provided in Paragraph 91, Professional Employees shall attend and participate in such afternoon meetings, conferences and related activities pertaining to educational programs as directed by the Superintendent or his deputy provided however that an employee shall not be required to attend and participate in such activities for more than one (1) hour on two (2) occasions in a single month on a day when classes are in session except by mutual agreement otherwise between the employee and the Superintendent.  Professional Employees shall attend and participate in two (2) sets of parent-teacher conferences during each school year.  Each set of parent-teacher conferences shall be comprised of three (3) conferences altogether, namely two (2) afternoon parent-teacher conferences and one (1) evening parent-teacher conference.  The Superintendent of Schools shall endeavor when he finds it practicable not to schedule meetings on Fridays or on days preceding a holiday or a vacation period.

 

            Paragraph 94.  In addition to the provisions of Paragraph 93, Professional Employees may be required to attend two (2) evening meetings or events which are directly related to the educational program as directed by the Superintendent or designee.  Evening meetings, other than parent conferences, shall not exceed two (2) hours in length.

 

            Paragraph 95A(1).    Secondary school teachers shall have a maximum of five (5) teaching periods per day for a total maximum of twenty-five (25) teaching periods per week, one (1) planning period per day for a total of five (5) planning periods per week, and a maximum of one (1) duty period per day for a total maximum of five (5) duty periods per week.  A “teaching period” shall be defined as a period during which a teacher is instructing his pupils.  A “planning period” as used in this Paragraph shall be defined as a period during which the teacher shall be assigned no duties by the School Department.  A “duty period” shall be defined as a period during which the teacher shall be required to perform one of the following types of duties:

 

            1)         to supervise a group of students in some manner;

2)         to meet with other teachers and Administrators relative to problems involving children with special needs;  or

            3)         to assist with the competency based testing program.

 

A teacher may be asked only on a voluntary basis to carry out an assignment in the Principal’s office which is of a purely clerical nature.

 

A(2)  If, under certain circumstances, a substitute teacher is unavailable to cover a particular class, the Principal may at his/her discretion assign a teacher only during his duty period to cover said class.

 

            A (3) A secondary teacher who covers a class during his/her planning period will be paid thirty-five dollars ($35.00) per class as of July 1, 2009, thirty-six dollars ($36.00) per class as of July 1, 2010, and thirty-seven dollars ($37.00) per class as of July 1, 2011.

 

            A (4) A secondary teacher who teaches a sixth class will be paid three thousand four hundred forty-eight dollars ($3,448) per each semester beginning July 1, 2009, three thousand six hundred forty-eight dollars ($3,648) beginning July 1, 2010, and three thousand eight hundred forty-eight dollars ($3, 848) beginning July 1, 2011.

 

            A (5) Teachers providing Saturday Schoolwork will be paid one (1) hour per week at the contractual hourly rate.

                       

            Paragraph 95B(1).  Department Coordinators except for the IMC Coordinator, the High School Special Needs Coordinator and the High School Head Art Teacher who supervise one (1) to four (4) teachers may be assigned to a maximum of four (4) teaching periods per day for a total maximum of twenty (20) periods per week.  Department Coordinators who supervise five (5) to seventeen (17) teachers may be assigned a maximum of three (3) teaching periods per day for a total maximum of fifteen (15) periods per week.  Department Coordinators who supervise eighteen (18) or more teachers may be assigned to a maximum of two (2) teaching periods per day for a total maximum of ten (10) teaching periods per week.

 

Rockland School Committee                           9                      Rockland Education Association

 

Rockland Education Association Agreement

 

B(2).  If, under certain circumstances, a substitute teacher is unavailable to cover a particular class and the Principal at his/her discretion finds that he/she is unable to assign a regular teacher during his/her duty periods to cover said class, the Principal may in his/her discretion assign a Department Coordinator to cover said class.

 

            B(3).  In the event that during a particular semester or semesters of a certain school year, the Principal finds that he/she has need for a teacher to teach a class which is not otherwise under the charge of a regular teacher, the Principal may in his/her discretion assign a Department Coordinator, other than a Department Coordinator who is supervising eighteen (18) or more teachers, to teach said class throughout the entire semester or semesters.  Such Department Coordinator shall be paid  three thousand four hundred forty-eight dollars ($3,448) per each semester beginning July 1, 2009, three thousand six hundred forty-eight dollars ($3,648) beginning July 1, 2010, and three thousand eight hundred forty-eight dollars ($3,848) beginning July 1, 2011 for each semester he/she teaches such class.  However, any one Department Coordinator shall not be required to assume such an assignment for more than one (1) year without the express consent of said Department Coordinator.

 

            The provisions of Paragraphs 95B(1) and 95B(2) and 95B(3) may be subject to the grievance procedure which is contained in Article Twenty-three:  provided however, that no grievance shall go beyond Step #3 which is the step involving an appeal to the School Committee.   Any grievance which is appealed to the School Committee at Step #3 shall be discussed in open or closed session at the discretion of the grievant.

 

            Paragraph 96(1).  Elementary school teachers who teach elementary as well as special teachers who teach Art, Music, Physical Education, Computer Education and Health shall have one (1) planning period per day for a total of five (5) planning periods per week and a maximum of one (1) duty period per day for a total maximum of five (5) duty periods per week.  A “teaching period” shall be defined as a period during which a teacher is instructing his/her pupils.  A “planning period” as used in this Paragraph shall be defined as a period during which the teacher shall be assigned no duties whatsoever by the School Department.  A “duty period” shall be defined as a period during which the teacher shall be required to perform one of the following types of duties:

 

      1)   to supervise a group of students in some manner:

      2)   to meet with other teachers or Administrators relative to problems involving                                         children with special needs:  or

      3)   to assist with the competency based testing program

      4)   ELEMENTARY TEACHERS WILL NOT BE ASSIGNED LUNCH DUTY AND MORNING RECESS MAY BE ASSIGNED ONLY IF THERE ARE NO DUTY AIDES AVAILABLE IN THE BUILDING.  A teacher may be asked only on a voluntary basis to carry out an assignment in the principal’s office which is of a purely clerical nature.  If a teacher’s planning period is not scheduled during the students’ day the teacher may leave ten (10) minutes after the students’ day or have a thirty (30) minute prep at the end of the students’ day.

 

 

 

 

 

 

 

 

 

Rockland School Committee              10                    Rockland Education Association

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rockland Education Association Agreement

 

Paragraph 96(2).  If, under certain circumstances, one of the special subject teachers is unavailable to take over a particular class period of an elementary school teacher and the Principal is unable to obtain a substitute teacher to cover said class, the regular elementary school teacher shall be required to cover such class.  However, any regular elementary school teacher who is required to give up his/her planning period in order to cover the class periods of a special subject teacher shall be paid thirty-five dollars ($35.00) per class beginning July 1, 2009, thirty-six dollars ($36.00) per class beginning July 1, 2010, thirty-seven dollars ($37.00) per class beginning July 1, 2011.  The provisions of Paragraph 96(1) and (2) shall not apply on any days on which assembly programs are held or on any days on which school may be dismissed early for those teachers whose class would be held at that time.

 

 

 

 

            The provisions of Paragraphs 96(1) and 96(2) may be subject to the grievance procedure which is contained in Article Twenty-three:  provided however, that no grievance shall go beyond Step #3 which is the step involving an appeal to the School Committee.

 

 

 

LUNCH PERIOD

 

            Paragraph 97.  Each teacher shall be entitled to one thirty (30) minute duty-free lunch period. A teacher shall be permitted to leave the school building during his/her lunch period:  provided, however, that the teacher shall be required to sign out upon leaving the building and to sign in upon returning to the building.  The purpose of this requirement is to ensure that a class is covered in the event that a teacher may be unavoidably late upon returning to the building.  A teacher who is late returning to class after lunch on more than two occasions may be denied the privilege of leaving the building for the remainder of the year, at the discretion of the Superintendent.

 

 

 

 

Article 10

 

SALARIES

            Paragraph 100A.  Effective July 1, 2009 and subject to the provisions of this Agreement, the compensation for each Professional Employee for his/her work year shall conform to the following schedule.  The Committee and the Association agreed to a wage freeze for the 2009-2010 School year.

 

 

 

 

 

 

 

 

 

Rockland School Committee              11                    Rockland Education Association

 

 

 

Rockland Education Association Agreement

 
 
 
Salary Schedule

September 1, 2010

 

 

A

B

C

D

E

F

G

H

Step

B

B+15

B+30

M

M+15

M+30

M+45

PhD/EdD/JD

1

40000

41500

43000

44500

46000

47500

49000

50500

2

40000

41500

43000

44500

46000

47500

49000

50500

3

45000

46500

48000

49500

51000

52500

54000

55500

4

45000

46500

48000

49500

51000

52500

54000

55500

5

50000

51500

53000

54500

56000

57500

59000

60500

6

50000

51500

53000

54500

56000

57500

59000

60500

7

55000

56500

58000

59500

61000

62500

64000

65500

8

55000

56500

58000

59500

61000

62500

64000

65500

9

60000

61500

63000

64500

66000

67500

69000

70500

10

60000

61500

63000

64500

66000

67500

69000

70500

11

65000

66500

68000

69500

71000

72500

74000

75500

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Salary Schedule

September 1, 2011

 

 

 

A

B

C

D

E

F

G

H

Step

B

B+15

B+30

M

M+15

M+30

M+45

PhD/EdD/JD

1

40500

42000

43500

45000

46500

48000

49500

51000

2

40500

42000

43500

45000

46500

48000

49500

51000

3

45500

47000

48500

50000

51500

53000

54500

56000

4

45500

47000

48500

50000

51500

53000

54500

56000

5

50500

52000

53500

55000

56500

58000

59500

61000

6

50500

52000

53500

55000

56500

58000

59500

61000

7

55500

57000

58500

60000

61500

63000

64500

66000

8

55500

57000

58500

60000

61500

63000

64500

66000

9

60500

62000

63500

65000

66500

68000

69500

71000

10

60500

62000

63500

65000

66500

68000

69500

71000

11

66000

67500

69000

70500

72000

73500

75000

76500


 

 

 

Rockland School Committee              12                                Rockland Education Association

 

 

Rockland Education Association Agreement

 

 

Nurses with an RN and the State Certification shall be placed on the teachers’ Bachelors schedule.

 

            In the manner and to the extent provided in this Paragraph, a Professional Employee new to the Rockland Public Schools shall be placed on the Salary Schedule in accordance with his/her training and experience.  The placement on the Schedule shall allow credit for training and experience in accordance with the judgment and the opinion of the Superintendent provided however, that the maximum credit shall not exceed the new Professional Employee’s actual or constructive experience.

 

            Paragraph 101.  Actual teaching while in military service may be credited as teaching experience.  An experience credit of one (1) year shall be allowed for twelve (12) months of active military service other than teaching provided, however, that the allowance of experience credit in excess of one (1) year for more than twelve (12) months of active military service shall be determined by the Committee.

 

            Paragraph 102.  Salary increments for all Professional Employees are not automatic and they will be approved only when in the opinion of the Committee an otherwise eligible Professional Employee has demonstrated a continued high standard of professional performance and improved efficiency of service.  Annual salary increments for all Professional Employees shall require a vote by the Committee upon the recommendation of the Superintendent.

 

            Paragraph 103.  A Professional Employee who desires to pursue additional studies to qualify for lateral advancement on the Salary Schedule shall present to the Superintendent in writing his proposed program or course of advanced study.  Within a reasonable time following the receipt of the proposed program, the Superintendent shall approve the program or course or indicate to the employee changes in said program or course which will make it acceptable.  Only studies which, in the opinion of the Superintendent, significantly contribute to the quality of knowledge in special subject areas or related teaching skills in general will be approved by the Superintendent for the purpose of advancement on the Salary Schedule.  Professional Employees shall not pursue studies leading to more than six (6) credits in any one (1) semester.

 

 

            Paragraph 104.  A Professional Employee who desires and is eligible to advance from one column in the Salary Schedule to another by reason of earned credits or advanced degrees shall notify the Superintendent in writing not later than November 1st in the school year preceding the school year in which the advancement will become effective.  Study transcripts substantiating additional credits as the basis for advancement on the Salary Schedule shall be delivered to the Superintendent no later than October 1st.  Salary advancements based on professional improvement as provided in this Article Ten shall become effective only during the month of September in any school year and shall commence with the first pay period in October.

 

            Paragraph 105.  In the event that a Professional Employee does not report for work for a reason not approved by the Committee, the Committee may deduct from the salary payable to said Professional Employee 1/181st of his annual salary for each school day of absence.  Except in the event of illness or an emergency as defined by the Superintendent, absence for more than one-half (1/2) of a school day shall be considered as absence for a full school day.

 

 

 

 

 

Rockland School Committee              13                                Rockland Education Association

 

            Rockland Education Association Agreement

 

Paragraph 106.  The salary as provided in Paragraph 100 for each Professional Employee on a ten (10) month contract shall be paid in twenty-six (26) equal biweekly payments beginning in September.  Employees working more than a ten (10) month contract shall be paid in twenty-six (26) equal biweekly payments beginning in September,  provided however, that a Professional Employee may, by mutual agreement with the Superintendent or as otherwise provided by law receive his/her salary on a different payment schedule.

 

            Paragraph 107.  If the School Committee requests that a particular course be taken at an accredited college, university or professional training school, then, upon certification of successful completion, the School Committee will reimburse a teacher already employed, for tuition, costs of reasonable travel and expenses. 

 

            Paragraph 107(A) The Committee will grant tuition reimbursement to teachers covered by this agreement who pursue advanced study under the following terms and conditions:

 

      1)   Criteria

      Courses that are relevant to a teacher’s current assignment, and courses in areas of high priority to the Rockland Public Schools are normally approved by the Superintendent.  Prior written approval is required on a form available from the Superintendent’s office. Courses not normally approved include: courses not sufficiently related to a teacher’s current assignment; courses for which credit is excessive in relation to the hours/effort demanded; retaking courses previously taken; and a course meeting during hours in which the applicant usually would have school duties.

 

 

      2)   Course Offering

      A teacher may participate in a course offered by the School Committee. The School Committee shall offer two (2) courses each year provided that at least twelve (12) teachers enroll and participate in each course.  The Association and Assistant Superintendent will make a recommendation for course, instructor,    and cost to the School Committee.

 

3)      Tuition Reimbursement

2009-2010       $350/per credit

2010-2011       $375/per credit

2011-2012       $375/per credit

a)      Teachers who are enrolled in a graduate course will receive reimbursement for up to six (6) semester hours per year.

 

b)  Reimbursement may not exceed six (6) semester hours in any one (1) year.

 

c)  Reimbursement under this paragraph will be limited to tuition.  Books, registration, and transportation will not be reimbursed.

 

d)  Reimbursement will be paid to the teacher upon presentation of evidence of payment and satisfactory completion of requirements.

 

e)  New teachers without prior teaching experience will not be eligible for reimbursement until the summer after their first year of service in the Rockland Public Schools.

 

Rockland School Committee              14                                Rockland Education Association

 

 

Rockland Education Association Agreement

 

 

            Paragraph 108.  Any members of the Bargaining Unit who are required to serve on a jury shall be compensated at the regular rate of pay for all such time served.  If any payment is made by the court to such individual, that payment shall be endorsed over to the Rockland School Committee except for any portion of the payment which has been made for the purpose of expenses.

 

 

Article Eleven

 

SUPPLEMENTARY COMPENSATION

 

 

            Paragraph 110.  The performance of duties as provided in this Article shall be voluntary and subject to the specific compensation provided in Paragraph 111.  The objectives and policies affecting the staffing and the extent of the duties described in this Article shall be determined by the Superintendent.  In the manner and to the extent provided in Paragraph 111 and in Paragraph 113, all assignments for the performance of the duties provided in this Article shall be for one (1) school year and except for Supervisors on Professional Teacher Status as provided in the Administrators Salary Schedule in Paragraph 111, said assignments shall not in any way create or become subject to any kind of Professional Teacher Status provided, however, that an activity and the related position as described in this Article may be terminated at any time by the Committee.  A Professional Employee who receives supplementary compensation for the performance of the duties as provided in this Article shall not have release time because of said duties.  The designation of an activity or of a position and a salary therefor as provided in this Article shall not be construed to require the employment of a Professional Employee for said activity or position.  Nothing in this Article shall be construed to create a position or to require the continuance of an existing position.  Increases on supplementary salaries are based on satisfactory evaluations.

 

            Paragraph 111.  Effective July 1, 2009 and subject to the provisions of this Agreement, the compensation for a Professional Employee for the performance of the extra or special duties as provided in this Paragraph during the work year shall conform with the following schedule:

 

 

 

 

 

 

 

 

 

Rockland School Committee              15                                Rockland Education Association

 

 

 

 

 

 

Rockland Education Association Agreement

 

 

SCHEDULE OF SUPPLEMENTARY COMPENSATION

 

 

 

 

 

                                                                           2009-2010              2010-2011           2011-2012

Coaches

 

Athletic Director                                            10120  11484          10320 11684    10520     11884

Baseball                                                            4920    5607           5020     5707      5120       5807

Baseball Assistant                                         3280     3692            3380    3792     3480       3892

Softball                                                           4920     5607            5020   5707     5120       5807

Softball Assistant                                           3280      3692            3380    3792     3480       3892

Basketball                                                       6152      6838            6302  6988     6452       7138

Basketball Assistant                                      3692      4102            3792   4202     3892       4302

Cross Country                                                3417      3968             3517    4068     3617       4168

Football                                                           8341      9023            8541    9223      8741       9423

Football Assistant                                          4787      5195           4887    5295     4987       5395

Freshmen Football                                        4238    4648            4338    4748     4438      4848

Golf                                                                 3417      3968             3517     4068     3617       4168

Hockey                                                            5333       6017            5483     6167     5633       6317

Hockey Assistant                                           3417      3828             3517     3928     3617      4028

Soccer                                                             4920     5607            5020    5707      5120       5807

Soccer Assistant                                            3007      3417            3107     3517     3207       3617

Tennis                                                             3417      3968             3517    4068      3617       4168

Track                                                               4648      5333           4748    5433     4848       5533

Track Assistant                                              3007      3417            3107     3517     3207       3617

Volleyball                                                        4920     5607            5020   5707      5120       5807

Volleyball Assistant                                       3007      3417            3107     3517     3207       3617

Wrestling                                                        5333       6017            5483    6167     5633       6317

Wrestling Assistant                                       3417      3828             3517    3928      3617      4028

Trainer                                                            16153                       16453                16753

Cheerleaders                                                 2872                         2922                 2972

Cheerleaders Assistant                                 2051                                        2101                     2151

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            It is agreed that all coaches are required to attain and retain CPR Training.

 

If an individual coaches a separate boys and girls varsity team in the same sport, the individual shall be entitled to 1.5 times the standard varsity pay.

 

 

 

 

 

 

Rockland School Committee              16                    Rockland Education Association

 

 

 

 

 

Rockland Education Association Agreement

 

 

Faculty Advisors

                                                                              2009-2010      2010-2011       2011-2012

 

Freshman Class Advisor                                       1128               1203               1278                    

Sophomore Class Advisor                                     1128               1203               1278

Junior Class Advisor                                             1573               1648                 1723

Senior Class Advisor                                             1881               1956               2031

School Newspaper Advisor                                   1421                1496                1571

Director of Drama Arts                                       2180               2280                2380

Ass’t Dir. Drama                                                  1730               1805               1880

Student Council Advisor                                     3500               3600               3700

Ass’t Student Council Advisor                            2200               2300               2400

Yearbook Business Advisor                                2028               2128                2228

Yearbook Literary Advisor                                  2028               2128               2228

Band Director  High School                                4238                 4388              4538

Band Director  Middle School                              1881               1956               2031

Math Team Advisor                                              1791               1866                 1941

National Honor Society                                       1847               1922               1997 

Debate Coach                                                                         1881                       1956                     2031

Ass’t Debate                                                         1279               1354                1429

Elem. & Middle Drama                                       2028               2128               2228

Dean of Men                                                                          4513                      4638                     4763

Dean of Women                                                    4513               4638               4763

Choral Director                                                      1881               1956               2031

Middle School Student Council                          1428               1503               1578

Yearbook Adv. Middle                                            979               1054                1129

Drill Team Instructor                                            669                  744                  819

Editor Lit. Magazine  “Images”                             821                  902                  977

Grade 8 Advisor                                                    1128               1203               1278

High School Intramurals                                    3007               3107               3207

Middle School Intramurals                                                        3007                3107                     3207

Elementary Intramurals                                     3007               3107               3207

Key Club Advisor                                                   1916                 1991               2066

Director of Summer School                                    751                  826                  901

Director of Adult Education                                   957               1032                 1107

Community Service Advisor                               2564               2664               2764

Future Teacher Advisor                                        1091                 1166                 1241

Webmaster                                                          3000               3100               3200

MCAS Coordinator (RHS)                                  2500               2600              2700

MCAS Coordinator (RMS)                                  1500                 1575               1650

Auditorium Tech Coordinator                            4000               4125               4250

 

 

 

 

 

 

 

 

 

 

Future stipend positions will be negotiated between the Superintendent and the REA Negotiator with ratification by the REA and the School Committee.

 

Rockland School Committee              17                    Rockland Education Association

 

 

Rockland Education Association Agreement

 

            Paragraph 112.  In the manner and to the extent provided in this Paragraph 112, the Committee will, effective July 1, 2009 pay Supplementary Compensation for the performance of various duties as follows:

 

            Paragraph 112 (a) Chairpersons, Coordinators and Directors of the Rockland Public Schools shall be on:

 

            1)  The salary Schedule as provided in Paragraph 100 and each Coordinator and Director will be placed on the following differential schedule.  Coordinators and Directors will work one (1) week before and three (3) days after the regular school year.

 

                     Teachers 1-4                                 5-17                                  18 or more

 

             9/09          9/10       9/11          9/09       9/10        9/11         9/09       9/10        9/11

 

            $4990         5090      5190       $5675     $5825     5975       $6358     $6558       6758

              5127         5227      5327         5809      5959      6109         6494       6694       6894

              5264         5364      5464         5947      6097      6247         6630       6830       7030

              5401         5501      5601         6082      6232      6382         6767       6967       7167

 

            2)    Chairpersons, Coordinators and Directors may work eleven (11) months in each school year upon mutual agreement with the Superintendent of Schools and approval of the School Committee and shall be on the Salary Schedule as provided in Paragraph 100 and placed on the following differential schedule:

 

                        Teachers 1-4                                 5-17                                          18 or more

 

              9/09         9/10         9/11         9/09        9/10       9/11                9/09           9/10            9/11

 

            $9808        9958         10108     $10449  10649     10849           $11091      11341          11591

              9936      10086         10236       10578  10778     10978             11218       11468          11718

            10064      10214         10364       10706  10906     11106             11348       11598          11848

            10193      10343         10493       10835  11035     11235             11476       11726          11976

 

 

3)      Those who prefer may elect to work twelve (12) months in each school year and be paid an additional amount equal to ten (10) percent of their base salary upon mutual agreement with the Superintendent of Schools and approval of the School Committee.

 

 

4)      Each Chairperson and Coordinator shall be responsible for Grades 5-12.  Chairpersons/Coordinators may be expanded to Grades K-12 upon mutual agreement with the Superintendent of Schools and approval of the School Committee. 

 

5        (a)  K-12 Directors, (Art, Music, Health, Physical Education and Computer) will receive an additional stipend of eight hundred fifty-five dollars ($855) in 2009-2010, nine hundred five dollars ($905) in 2010-2011 and nine hundred fifty-five dollars ($955) in 2011-2012.

 

Rockland School Committee              18                    Rockland Education Association

 

Rockland Education Association Agreement

 

            5(b)  Full-time Counselors (Guidance, Vocational, Adjustment and School Psychologists) shall be on the Salary Schedule as provided in Paragraph 100, and each of said employees shall be paid an additional amount of four (4%) of their base salary, as of July 1, 2009, for working one (1) week before the opening of school, and three (3) days after the closing of school, or each of said employees may be paid an additional amount equal to ten percent (10%) of his/her applicable salary for working eleven (11) months in each school year, upon mutual agreement with the Superintendent of Schools and approval of the School Committee.  Those who prefer may elect to work twelve (12) months in each school year and be paid an additional amount equal to twenty percent (20%) of his/her applicable salary upon mutual agreement with the Superintendent of Schools and approval of the School Committee. 

 

            5(c)  Professional Employees assigned to the year-round school program shall be on the Salary Schedule as provided in Paragraph 100 and each of said employees shall be paid an additional amount equal to twenty percent (20%) of his/her applicable salary for working twelve (12) months in each school year.

 

            5(d)  Part-time Assistant Principals shall be paid according to the following schedule:

 

                                                7/09                 7/10                 7/11

 

            Grades 6-8                  $5,709             $5,709             $5,709

            Grades Pre K-5           $4,272             $4,272             $4,272

 

                        Full-time Assistant Principals shall be paid according to the following schedule:

 

                                                  7/09                 7/10                 7/11

 

                                                $8,237             $8,237             $8,237

 

                        5(e)  A Professional Employee who has been in the employ of the Committee for more than ten (10) years as of July 1, 2009, shall receive annual longevity pay in accordance with the following schedule:

 

                                                 After 10 yrs.   After 14 yrs.  After 19 yrs.     After 24 yrs.     After 29 yrs.

                    

                     2009-2010             $1,750             $2,450            $2,850             $3,250               $3,650

                     2010-2011              1,750               2,450              2,850               3,250                 3,650

                     2011-2012              1,950               2,650              3,050               3,450                 3,850

 

            The employee, at his/her discretion, may receive compensation as part of his/her salary or as one lump sum the first paycheck in December.

 

            5(f)  The compensation for teachers in summer school, evening school, Professional Development, and curriculum work shall be paid at the rate of thirty-five dollars ($35.00) per hour as of July 1, 2009, thirty-six dollars ($36.00) as of July 1, 2010, and thirty-seven dollars ($37.00) as of July 1, 2011.

 

            5)g)      Any teacher required to work on Sundays will be paid at the contractual hourly rate.

           

Rockland School Committee              19                    Rockland Education Association

 

 

 

 

Rockland Education Association Agreement

 

 

Article Twelve

 

 

INSURANCE AND ANNUITIES

 

 

            Paragraph 120.  Upon the request of a Professional Employee, the Committee will enter into an agreement with said employee to reduce the amount of his/her salary to the extent permitted by Section 403 of the Internal Revenue Code and as it may be amended from time to time and to apply the amount of said reduction in salary to the purchase of a tax sheltered annuity plan for said employee.  The effective date of the annuity plan shall be January 1st and April 1st of each calendar year.  All arrangements for the participation of the Professional Employees in the annuity plan described in this Paragraph shall be made outside of school hours.

 

            Paragraph 121.  The group insurance provided by the Town of Rockland and as amended during the term of this Agreement shall be applicable to the Professional Employees covered by this Agreement who advise the Superintendent in writing that they desire to participate in said group insurance.

 

2009-2012       The Employer shall pay 79% of group insurance provided by the Town of Rockland.

 

 

Article Thirteen

 

SICK LEAVE

 

            Paragraph 130.  In the manner and to the extent provided in this Article, a Professional Employee on a regular Teachers’ Contract who is unable to work because of illness or non-occupational injury requiring confinement or treatment by a licensed physician, shall upon notification to the Office of the Superintendent as soon as possible after the beginning of said illness or the occurrence of said injury receive sick pay up to the maximum of fifteen (15) days exclusive of accumulated sick pay as provided in Paragraph 131, in any single school year.  A Professional Employee on an eleven (11) month contract shall receive sixteen and one-half (16. 5) days and a Professional Employee on a twelve (12) month contract shall receive eighteen (18) days.  Up to five (5) of said fifteen (15) days may be utilized by an otherwise eligible employee in the event of serious illness of his/her children, parents, spouse and/or other relative residing in the same household with the employee.  The provisions of this Paragraph shall not apply in the event of maternity leave or to an injury incurred in the course of gainful employment or self-employment other than as an employee of the Committee except where said gainful employment is directly related to professional improvement work approved in advance by the Superintendent.

 

 

 

 

 

Rockland School Committee              20                                Rockland Education Association

Rockland Education Association Agreement

 

            Paragraph 131.  The sick pay as provided in Paragraph 130 shall apply to a Professional Employee who has completed one (1) school year of employment by the Committee and who has signed his/her employment contract for the ensuing school year and shall be cumulative from year to year up to a maximum total of one-hundred-eighty-five (185) days as of July 1, 1991.    As of July 1, 1991, an employee on an eleven-month contract may accumulate two hundred (200) sick days and an employee on a twelve-month contract may accumulate two hundred-twenty (220) sick days.   During the first school year of employment, a Professional Employee who reports for duty in accordance with his/her employment contract shall be eligible to receive one and one-half (1 1/2) days of sick pay for each month of employment subject to a maximum of fifteen (15) days of sick pay during the first school year, provided however, that when such employee is absent from duty because of illness in excess of the sick leave earned at that time in accordance with the provisions of this Article, he/she shall receive compensation for the number of sick days in excess of those earned up to a maximum of five (5) days.   If the employment of the teacher should be terminated before the full amount of sick leave for which he/she was compensated is earned, the necessary deductions shall be made from his final paycheck.   Before approving sick leave as provided in this Article, the Committee may require a certificate signed by the attending physician of the illness or injury of an employee who has been absent from work for more than five (5) consecutive days in any single school year.

 

            Paragraph 132.  A teacher who has served in the Rockland Public Schools for a minimum of fifteen (15) years, who retires will be entitled to sick leave buy back, up to one-hundred (100) days after eighty (80) days of accumulated sick leave or twenty (20) percent of current pay, whichever is greater.  Beginning in 1994, and each year thereafter, the daily rate will be increased by the same percent as in Article 10, Paragraph 100.  Beginning in July, 2009 the following rates will apply.

 

                        2009-2010                               2010-2011                               2011-2012

 

                        $217/Day                                $225/Day                                $230/Day       

 

            This sum will be paid to the teacher upon retirement from the Rockland Public Schools or his/her estate in the event of his/her death.  A statement from the Massachusetts Teachers’ Retirement Board that the teacher is actually retiring will be required.  Except that a teacher, who after fifteen (15) years of service to the Rockland Public Schools who resigns prior to reaching the age of sixty-five (65) years shall be entitled to a one-time separation benefit computed on the basis of twenty percent (20%) of his/her current pay. New employees hired after July 2, 2010 will be eligible for benefit after (twenty) 20 years instead of (fifteen) 15 years. In either case, if at a later date the teacher returns to the service of the Rockland Public Schools, any monies received under this Paragraph must be returned to the Town of Rockland.

 

            Paragraph 133.  Upon the effective date of this Agreement, a Sick Leave Bank for use by eligible members of the professional staff covered by this Agreement who have exhausted their own sick leave and who have serious illness shall be established.

 

            At the beginning of the school year, 1991, members of the professional staff covered by this Agreement who wish to participate in said Bank shall each contribute one (1) of their annual fifteen (15) days of sick leave in order to fund the Bank.  Said days in the Sick Leave Bank shall not be accumulated from one year to the next but may be replenished once a year if needed and any replenished days may be carried over until used up.  The Bank shall be renewed each year by eligible employees of the professional staff who wish to participate in said Bank by contributing one (1) of their annual fifteen (15) days of sick leave to refund the Bank.

Rockland School Committee                          21                    Rockland Education Association

 

 

Rockland Education Association Agreement

 

            The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee shall not exceed thirty (30) days.  Upon completion of the thirty (30) day period, the period of entitlement may be extended by the Sick Leave Bank Committee upon demonstration of need by the applicant.

 

            The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of six (6) members.  Three (3) members shall be designated by the School Committee to serve at its discretion and three (3) members shall be designated by the Association.  The Sick Leave Bank Committee shall determine the eligibility for the use of the Bank and the amount of leave to be granted.  The following criteria shall be used by the Committee in administering the Bank and in determining eligibility and amount of leave:

 

                        1.         Adequate medical evidence of serious illness.

                        2.         Prior utilization of all eligible sick leave.

3.                  Length of service in the Rockland School System.

 

Paragraph 133 (A)  Decisions of the Sick Bank Committee are not subject to grievance and/or arbitration.

 

            Paragraph 134.  If during the course of any one school year a teacher uses the sick leave to which he is entitled only for personal emergency reasons or for the observance of Religious High Holy Days as provided in Article Fifteen and if said teacher does not use any of the sick leave to which he is entitled for any of the reasons which are set forth in Paragraph 130 or Article Thirteen, said teacher shall be entitled to one (1) additional noncumulative Bonus Personal Day of Leave to be taken the following school year and to be used for any reason which the teacher wishes.  A teacher shall notify the Superintendent of Schools at least one (1) day prior to the day on which the teacher intends to use the bonus personal day.

 

Article Fourteen

 

FUNERAL LEAVE

 

            Paragraph 140.  In the event of the death of the parent, spouse, child, sibling, mother-in-law, father-in-law, or grandchild of a Professional Employee or another relative or domestic partner of said employee who at the time of death is living in the same household as the Professional Employee, the employee shall receive a leave of absence (with pay) for a period not to exceed five (5) days. In the event of the death of a grandparent, brother-in-law or sister-in-law the employee shall receive a leave of absence (with pay) not to exceed three (3) days.

            In the event of the death of a spouse’s grandparent, aunt, uncle, niece, and nephew, the employee shall receive  a leave of absence of one (1) day (with pay) for the sole purpose of attending the funeral.

 

 

 

Rockland School Committee              22                            Rockland Education Association

 

 

 

Rockland Education Association Agreement

 

Article Fifteen

 

 

LEAVE OF ABSENCE

 

 

            Paragraph 150.  A full time Professional Employee may use two (2) of the fifteen (15) days of sick leave as provided in Paragraph 130 as a personal day.  A personal day may not be used to extend a vacation, a long weekend, or a holiday week and no one will be allowed to use more than two days consecutively without approval of the Superintendent of Schools.  Upon advance notice in writing delivered to the Superintendent, a full-time Professional Employee may use three (3) of the fifteen (15) days of sick leave as provided in Paragraph 130 for the observances of Religious High Holy Days, which shall not be considered personal days as provided in this Paragraph. If there is going to be a transfer or a room change, then any teacher covered by this contract will be eligible for two additional personal days, one each for the next two years.  Unless, a change in work schedule had been made to accommodate their move.

 

 

            Paragraph 151.  With the advanced approval of the Superintendent, with pay and without reimbursement for expenses by the Committee, Professional Employees who are duly qualified representatives of the Plymouth County Education Association, the Massachusetts Teachers’ Association or the National Education Association may at the discretion of the Superintendent be allowed to attend conferences and conventions sponsored by said Associations.

 

            Paragraph 152.  A full-time Professional Employee shall be entitled to a Leave of Absence with pay for the reasonable time required for appearances in legal proceedings related to his work or employment as an employee of the Committee.

 

 

            Paragraph 153.  Military leave without pay shall be granted to a Professional Employee who is inducted or enlists in any branch of the Armed Forces of the United States.  Upon his/her return from Military Leave, a Professional Employee shall be placed on the Salary Schedule at the level he/she would have attained had he/she remained actively employed in the Rockland Public Schools during the period of his/her absence, subject to a maximum of four (4) years.

 

            Paragraph 154.  In the manner and to the extent provided in this Paragraph,  a full-time employee shall, upon application to the Superintendent, receive a Maternity Leave of Absence for not longer than one (1) year, without pay or increment, provided that:

 

   1.   The employee notified the Superintendent as soon as the pregnancy was determined.

   2.   An employee on Maternity Leave shall notify the Superintendent in writing not later than April 15 in any calendar year of her intention to resume her duties as an employee at the beginning of the following school year.

   3.   Evidence of fitness and ability to perform the duties of an employee satisfactorily to the Superintendent shall be delivered to the office of the Superintendent prior to the resumption of work after a Maternity Leave.

 

 

 

 

Rockland School Committee              23                    Rockland Education Association

 

 

 

Rockland   Education Association Agreement

 

 

   4.   Pursuant to Massachusetts General Laws, Chapter 151B, Section 4(1), Chapter  149, Section 105D and the Family Medical Leave Act of 1993, every full-time female employee is now entitled as a matter of law to a least eight (8) weeks Maternity Leave if she complies with the following conditions:

 

         a.            She has completed an initial probationary period set by her employer which does not exceed six (6) months or in the event the employer does not utilize a probationary period for the position in question has been employed for at least three (3) consecutive months.

      b.She gives two (2) weeks notice of her expected departure date and notice that she intends to return to the job.

 

c.       She is entitled to return to the same or a similar position without loss of employment benefits for which she was eligible on the date her leave commenced, if she terminates her Maternity Leave within eight (8) weeks.  (The guarantee of a same or similar position is subject to certain exceptions specified in M.G.L.C. 149, S. 105D)

 

      5.   Accrued sick leave benefits shall be provided for Maternity Leave purposes under the                                     same terms and conditions which apply to other temporary medical disabilities.

      6.   An employee requesting a Leave of Absence under the provisions of this Paragraph shall file an application on a form provided by the Committee at the Office of the Superintendent and the employee shall notify the Superintendent as soon as practicable of the termination of pregnancy.

 

 

            Paragraph 155.   When a full-time Professional Employee is designated in writing by the Association as its representative to attend a Step No. 2 grievance meeting as provided in paragraph 232 during a school day, the employee will upon not less than two (2) days notice if possible to his/her Principal or immediate supervisor and to the Superintendent be released from his assigned work without loss of pay for such time as is reasonable and necessary to attend said meeting.  The Association and the Professional Employees agree that the privilege authorized in this Paragraph will not be abused.

 

 

            Paragraph 156.  In the manner and to the extent provided in this Paragraph and at the discretion of the Superintendent, a leave of absence for not longer than one (1) year without pay or increment may be granted to a Professional Employee on tenure for the purpose of enabling the employee to care for a person within his immediate family who is ill and requires care provided that the employee delivers to the Superintendent evidence satisfactory to him that it is necessary for the employee requesting the Leave of Absence to care for the ill person.

 

            Paragraph 157.  In the manner and to the extent provided in this Paragraph and at the discretion of the Superintendent, a Leave of Absence for reasons of health for not longer than one (1) year without pay or increment may be granted to a Professional Employee who has worked in the Rockland School System for five (5) or more continuous years provided that the employee delivers to the Superintendent evidence satisfactory to the Superintendent of the need for said Leave of Absence. 

 

 

 

 

 

Rockland School Committee              24                                Rockland Education Association

 

 

            Rockland   Education Association Agreement

 

 

Paragraph 158.  The Leave of Absence as provided in Paragraph 151,  Paragraph 152, Paragraph 153, Paragraph 154 and Paragraph 155 shall be in addition to sick leave as provided in Article Thirteen and in the event of such Leave of Absence, the Professional Employee shall not be required to arrange for his substitute.

 

Paragraph 159.  A Leave of Absence may upon application in writing be extended in the sole discretion of the Committee.  All matters pertaining to salary increment, supplementary compensation and duties and related matters upon the return from an extended Leave of Absence shall be determined by the Committee in each instance and whenever possible, transmitted in writing to the employee at the time the extended leave is granted provided however, that an extended Leave of Absence shall not affect accumulated sick leave as provided in Article Thirteen.

 

            Paragraph 159(A).  A Professional Employee who is serving on tenure shall upon application in writing be entitled to take a Child Rearing Leave of Absence without pay for the purpose of caring for a child of pre-school age of said employee.  Such Leave of Absence shall except in unusual circumstances extend for the duration of either one (1) full school year or two (2) full school years, and such leave shall commence in September and shall end in June of the relevant school year.

 

            Paragraph 159 (B).  A Professional Employee who is serving on tenure shall upon application in writing be entitled to take a Leave of Absence without pay for the purpose of exploring career alternatives.  Such Leave of Absence shall extend for the duration of one (1) full school year, and such leave shall commence in September and shall end in June.

 

Article Sixteen

 

SABBATICAL LEAVE

 

            Paragraph 160.  A Professional Employee who has completed seven (7) consecutive full school years of employment by the Committee shall be eligible to apply for a Sabbatical Leave for the purpose of engaging in an advanced study or academic program.

 

            Paragraph 161.  An applicant for Sabbatical Leave as provided in Paragraph 160 shall, on or before October 1st of the year preceding the school year for which the Sabbatical Leave is desired, present to the Superintendent a written application in such form as may be required by the Committee.  The application shall include a general outline of the proposed Program of Study, the name of the institution and a signed statement guaranteeing to return to the Rockland Public Schools to serve for a period of two (2) years.

 

            Paragraph 162.  The applicant shall on or before February 1st of the year in which the proposed Sabbatical Leave will begin, present to the Superintendent a detailed outline of the proposed study or academic program which shall include among other things the acceptance in writing by the institution which the applicant proposes to attend.   

 

            Paragraph 163.  The allowance of Sabbatical Leave in any one year shall be limited to one (1) full-time Professional Employee then in the employ of the Committee.  During his/her Sabbatical Leave a Professional Employee shall devote his/her entire time to the purpose for which the Sabbatical Leave was allowed and he/she shall not engage in any type of work, teaching or otherwise, for which compensation is received.

 

 

 

 

 

Rockland School Committee              25                    Rockland Education Association

 

 

 

 

 

 

Rockland Education Association Agreement

 

            Paragraph 164.  Each applicant for Sabbatical Leave shall be interviewed by a Screening Committee consisting of three (3) Building Principals and six (6) classroom teachers.  The classroom teachers on the Screening Committee shall be elected from among all the classroom teachers in the employ of the School Committee.  Elections of classroom teachers to the Screening Committee shall be conducted during the last week of May in each school year and shall at the time of the formation of the Screening Committee elect two (2) members for one, two and three years respectively.  After the first year and in each succeeding year, two (2) positions on the Screening Committee shall be filled at an annual election.  A member of the Screening Committee who intends to and does apply for a Sabbatical Leave as provided in this Article shall resign from the Screening Committee by a letter to the Superintendent not less than ten (10)  working days before the filing of his application for Sabbatical Leave.  In the event of such a resignation, the Superintendent, with the advice of the School Committee and the Association, shall designate a substitute member of the Screening Committee to fill the unexpired term caused by the resignation.

 

            Paragraph 165.  The Screening Committee shall, not later than January 1st in each year, deliver to the Superintendent in writing its recommended candidate or candidates for Sabbatical Leave for the following school year.  The Superintendent shall forward the recommendations of the Screening Committee to the School Committee accompanied by the recommendation of the Superintendent.  The School Committee shall have the unqualified discretion to act upon an application for Sabbatical Leave and the disposition by the School Committee of each application shall be communicated to the applicant not later than the first day of April in the school year in which the application was presented to the Superintendent.  The disposition by the School Committee of an application for Sabbatical Leave shall not be subject to the grievance procedure or to arbitration as provided in Article Twenty-three.

 

            Paragraph 166.  The salary to be paid to a Professional Employee on Sabbatical Leave while actively engaged in the sabbatical program approved in accordance with this Article shall be fifty percent (50%) of the salary applicable to his step for a Sabbatical Leave of one (1) school year and one hundred percent (100%) of the salary applicable to his step for a Sabbatical Leave of one-half (1/2) of a school year.  In the event that the employee receives a grant or a fellowship, the compensation to be paid by the Committee when added to the amount of the grant or the fellowship shall not exceed the employee’s salary during the school year immediately prior to the beginning of the Sabbatical Leave.  At the sole discretion of the Committee the percentage of the salary for a Sabbatical leave of one (1) school year may be increased beyond fifty percent (50%) provided however, that said action by the Committee or its failure or refusal to take such action shall not be in any way subject to the grievance procedure or to arbitration as provided in Article Twenty-three.

 

            Paragraph 167.  All matters pertaining to advancement on the Salary Schedule, sick leave, the performance of extra duties and the compensation therefor which shall apply when an employee returns to the Rockland Public Schools following the completion of his/her Sabbatical Leave shall be reviewed with the Superintendent at the time a Sabbatical Leave is approved by the School Committee.  The details of the matters agreed upon during the said review shall be incorporated into a written memorandum and signed by the Superintendent and the applicant and a copy of said memorandum shall be given to and retained by each Party.

 

Rockland School Committee                          26                    Rockland Education Association

 

Rockland Education Association Agreement

 

 

Article Seventeen

 

REDUCTIONS IN FORCE

 

The Committee retains the exclusive right and sole responsibility to determine the number of teaching and other professional positions needed in the school system including the right to determine the number of employees to be laid off, recalled, or that a particular type of teaching service should be discontinued. Such decisions shall not be subject to the Grievance and Arbitration procedure but, once made, the following policy for reduction in personnel will be followed:

 

In all cases the provisions if applicable laws as they pertain to the dismissal of teachers(s) with professional teacher(s) without professional teacher status shall apply. M.G.L. (Massachusetts General Laws) Chapter 71,Section 42

 

A teacher with professional teacher status shall not be laid off if there is a teacher without professional teacher status whose position the teacher with professional teacher status is qualified (certified) to fill.

 

If the Superintendent determines, it is necessary to reduce the number of teachers with professional teacher status covered by this Agreement, he/she shall attempt to accomplish said reduction by attrition.

 

In the event it becomes necessary for the Committee to reduce the number of Professional Employees in the bargaining unit because of financial limitation, reasons of economy, decrease in pupil enrollment, changes in curriculum or other similar reasons, the procedures set forth in this Article will govern the layoff and recall of the employees who are affected by any such reduction.

 

No teacher with professional standing, as defined in this Contract, shall be dismissed due to Reduction in Force (RIF) until all per diem, and longterm substitutes and any part-time teachers, and/or non­professional standing teachers, whose positions such professional standing teachers are certified to fill, have been dismissed.

 

Seniority

Seniority means a teacher's length of continuous service in years, months, and days in the Rockland Schools, provided that the seniority of present teachers as of the effective date of this Agreement shall consist of their length of service as defined above from their initial date of employment (not hiring). For purposes of computing seniority, time spent on the following types of leaves shall be included: paid sabbatical leave, a paid leave of absence granted for any other reason, military leave (only to the limits required to be credited by state or federal law), any leave for which increment credit is granted, leave granted to serve in the America Corps, as an exchange teacher or other service judged comparable by the Superintendent.

 

 

 

 

 

 

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Rockland Education Association Agreement

 

In the event a reduction cannot be accomplished by attrition and a teacher with professional teacher status must be laid off, the Superintendent shall lay off the least senior teacher within the area of certification concerned. A teacher who is laid off may bump a less senior teacher in an area in which the teacher laid off is certified. In the event a teacher who is laid off may be eligible to continue employment by bumping or otherwise as a result of holding multiple certifications, the Superintendent will make a good faith effort to assign the eligible teacher to the available position most comparable to that position from which the eligible teacher was laid off. The eligible teacher will be consulted with respect to his/her opinion of which available position is the most comparable position prior to his/her assignment. The Association agrees that the final decision with respect to the assignment of such eligible teachers shall be that of the Superintendent and shall not be subject to the Grievance and Arbitration provisions of the Agreement between the Association and the Committee. Teachers that are currently employed as of May 18, 2009 at a part-time status will be given one year of seniority for every two years of service.

 

If a professional status teacher loses his/her position within a department/classification, the teacher may displace a less senior professional status teacher in another department/classification provided the teacher is certified in the new area.

 

"New area" is defined as content subject area in which a teacher is certified but has not actively taught in the five years previous to the displacement. It is also defined as movement between elementary, middle and high school.  Professional development is required in order to access the new teaching assignment.  A plan will be developed between the teacher and district to provide training equivalent to two weeks during the summer and on going professional development for 30 hours during the school year.  The teacher and the district will agree upon the schedule of this professional development. The goal of the plan is the success of the teacher.

 

Except in unforeseen circumstances, teachers whose employment will be terminated in full or in part by a reduction in staff to be effective at the beginning of the ensuing school year shall be notified by May 1 of the school year preceding that in which the reduction is to take place. In no event shall such notification be later than June 15 of the school year proceeding the September in which the reduction is to be effectuated. However, it is understood that the Superintendent has the right to layoff teachers pursuant to declining enrollment or other budgetary reasons at anytime.

 

If in applying the foregoing, it happens that there is a tie between two or more teachers, then the following criteria shall be applied, in order to resolve the tie:

 

a. The teacher with the highest level of recognized certifications by the department of education (Professional, Initial, Preliminary).

 

            b. If the tie still persists, then the tie shall be resolved at the discretion of the superintendent giving consideration to the teacher quality of performance, qualifications, other educational contributions degree /professional training and the educational needs (non-budgetary) of the school district.

 

 

Rockland School Committee                          28                    Rockland Education Association

 

 

Rockland Education Association Agreement

 

 

Recall

Teachers shall be recalled in the reverse order of layoff and for positions for which they are qualified. If a vacancy still exists the committee agrees to offer any position to laid off teacher(s) most senior and qualified, prior to the hiring of new staff. Any teacher who declines recall twice shall have waived any other recall rights.

 

Teachers of non‑professional standing will have no recall rights. Teachers with professional standing will be recalled in inverse order of their layoff as positions for which they are qualified become open. Teachers with professional standing will remain on a recall list for a period of two (2) years from their date of dismissal. If a teacher is recalled their seniority will continue from their previous time of full-time service. The time spent on recall counts towards continuous service but does not count towards seniority.

 

Teachers on the recall list will be given first priority in filling substitute teachers' vacancies in their field(s) of certification if they indicate, in writing, that they desire such employment.

 

When vacancies occur in the certification area(s) of a teacher on the recall list, such teacher shall be notified by certified mail at his/her last address of record. Failure to accept certified mail shall not be deemed sufficient reason for failing to meet the necessary response date. Failure to respond to the Superintendent of Schools with a letter of acceptance of the offered position within ten (10) calendar days shall be considered a rejection of such offer, and the teacher shall be dropped from the recall list. It shall be the responsibility of the personnel on the recall list to inform the Office of the Superintendent of Schools or his/her designee, in writing, of changes of address.

 

Teachers on the recall list shall have priority in filling vacancies as hereinbefore set forth. No new personnel shall be hired to fill such vacancies until all appropriate teachers on the recall list have been offered the vacancy pursuant to the provisions of this paragraph.

 

Article Eighteen

TEACHER FACILITIES

 

            Paragraph 170.  The Committee agrees that during the term of this Agreement each school building will contain:

 

            a.         a space in each classroom to store instructional materials and supplies.

 

            b.         a work area for use in the preparation of instructional materials.

 

            c.         a furnished room reserved for the exclusive use of the Professional Employees as a                                    faculty lounge which may be combined with the work area described in                                                      Subparagraph (b).

 

            d.         a serviceable desk and chair in each classroom.

 

            e.         reasonable toilet facilities for the use of Professional Employees

                        and

 

f.                   parking facilities.

 

 

Rockland School Committee                          29                    Rockland Education Association

 

 

Rockland Education Association Agreement

 

 

            Subject to the discretion and to the legal authority of the School Building Committee of the Town of Rockland, the School Committee will when appropriate recommend to the School Building Committee that new school buildings be constructed by the Town of Rockland will contain not less than the facilities described in this Paragraph.

 

 

 

 

Article Nineteen

 

USE OF SCHOOL FACILITIES

 

            Paragraph 180.  During the term of this Agreement, the Committee will continue its past practice with respect to the use of school facilities by the Professional Employees.

 

            Paragraph 181.  The Committee agrees to provide a Bulletin Board in the faculty lounge in each school building for use by the Association for the posting of announcements, bulletins, and notices pertaining to the administration of the internal business and affairs of the Association.  Each announcement, bulletin and notice shall be signed by the Association representative responsible for posting it.

 

Article Twenty

 

PROVISIONS PERTAINING TO

EMPLOYMENT-RELATED ASSAULT

 

            Paragraph 190.  Professional Employees shall immediately deliver to the Office of the Superintendent a report in writing of all instances of assault upon them during the course of their employment.  The report of an assault shall be forwarded to the Committee and the Committee will comply with a request by the employee involved which it considers to be reasonable, for information in its possession which, in the opinion of the Committee is not confidential or legally restricted, relating to the incident or the persons involved in the assault. In the manner and to the extent it considers appropriate and reasonable, the Committee will act as liaison between the employee, the police and the courts in a matter arising under the provisions of this Paragraph 190

 

            Paragraph 191.  In the manner and to the extent provided in this Paragraph 191, the Committee will provide the indemnification for its Professional Employees while acting within the scope of their employment as required by the provisions of Section 100C in Chapter 41 of the Massachusetts General Laws.  In the event that criminal or civil proceedings are brought against a Professional Employee alleging that he committed an assault while acting within the scope of his employment and the employee is thereafter found not guilty or the proceedings are thereafter dismissed without trial, the Committee will reimburse the employee for the reasonable cost of his defense, including the reasonable fee of an attorney, provided that the employment of such attorney shall have been approved by the Rockland Town Counsel and provided further that the selection of an attorney and the defense of said action or claim complies in all respects with the provisions of Section 100C in Chapter 41 of the General Laws.

 

Rockland School Committee                          30                    Rockland Education Association

 

 

Rockland Education Association Agreement

 

Article Twenty-One

 

PERSONAL INJURY BENEFITS

 

            Paragraph 200.  A Professional Employee who is employed by the Committee and who is unable to work because of an injury not due to his negligence incurred during the course and within the scope of his employment will, in the manner and to the extent provided in this Paragraph, receive Workmen’s Compensation in accordance with the following schedule:

 

 

        a.  If an employee’s disability appears to come under the Workmen’s Compensation Law, the employee shall be paid the difference between the employee’s salary and what is allowed from Workmen’s Compensation.

 

         b.   The amount of Workmen’s Compensation received will be applied on a prorate basis toward accumulated sick leave used.

 

            Paragraph 201.   Before approving the daily compensation as provided in this Article, the Committee may require a certificate by a physician or physicians of its choice at any time or times during the absence or disability of the injured employee for the purpose of determining whether the employee is able to return to work and to adequately perform his/her duties.  In the event that the employee fails or refuses to make himself/herself available for a physical examination as directed by the Committee or that a certificate by the physician indicates that the employee is able to return to work and if the employee does not do so before the date determined by the Committee, the daily compensation as provided in this Article will be terminated.  The provisions of this Paragraph 201 shall not be subject to the grievance procedure or to arbitration as provided in Article Twenty-three.

 

Article Twenty-Two

 

MISCELLANEOUS

 

            Paragraph 210.  The Committee will reimburse Professional Employees for their reasonable actual expenses including meals, lodging and transportation when they attend workshops, seminars, conferences or other sessions for professional improvement at the request or with the advance approval of the Superintendent.

 

            Paragraph 211.  During the term of this Agreement, the Committee will maintain the present Flu Clinic when vaccine is available.

 

Article Twenty-Three

 

PAYROLL DEDUCTIONS

 

            Paragraph 220.  During the term of this Agreement, the Committee will at the written request of Professional Employees who sign and deliver to the Committee a written authorization on a form approved by the Committee make deductions in the manner and to the extent provided in this Article from the wages or salaries due and payable to said employees for group life insurance, group income protection insurance issued by a single insurance carrier, Medical Insurance and for a tax sheltered annuity plan.  The amount of the deductions shall be paid over in accordance with the provisions of the written authorization, all as provided in this Paragraph.

 

Rockland School Committee              31                    Rockland Education Association

 

 

Rockland Education Association Agreement

 

Paragraph 221.  During the term of this Agreement, the Committee agrees that it will, at the written request of Professional Employees who sign and deliver to the Committee an authorization form satisfactory to both the Committee and the Association make deductions in the manner and to the extent specifically provided in this Article, from the wages or salaries due and payable to said employees of their uniform regular, current, annual dues as members of the Rockland Education Association, the Massachusetts Teachers’ Association and/or the National Education Association.  The Committee and Association agree to adopt an agency fee as a condition of employment.

 

 

            Paragraph 222.  The deduction from wages and salaries as provided in this Article shall be subordinate to first, deductions for Federal, State or Municipal withholding taxes and second, deductions for hospital and medical payments, pension or retirement plans or insurance premiums under a plan sponsored by the Committee or by a group of the Professional Employees.

 

 

            Paragraph 223.  The amount of the regular, current, annual Association dues collected by the Committee by deductions from the wages or salaries due and payable to the Professional Employees as provided in Paragraph 221 and a statement in the form which the Committee considers convenient and adaptable to its record keeping procedures designating the name of each employee from whose wages the deductions were made and the amount of each deduction shall be mailed to the Treasurer of the Rockland Education Association at its office in Rockland, Massachusetts.

 

            Paragraph 224.  The Authorization Form referred to in Paragraph 221 may be withdrawn by the Professional Employee by whom it was executed at any time by giving at least sixty (60) days notice in writing of such withdrawal delivered to the Chairman of the School Committee of the Town of Rockland at the Office of the School Committee in Rockland, Massachusetts.  Said Authorization if not previously canceled or revoked shall be deemed automatically canceled and revoked and of no further force or effect upon the termination of this Agreement or upon the termination of the employment of the Professional Employee by whom it was signed, whichever shall first occur.  Notwithstanding any provision to the contrary in the Authorization or in any other document, said Authorization shall be deeded revocable and subject to withdrawal, automatic cancellation or revocation as provided in this Article.

 

            Paragraph 225.  It is understood and agreed that the obligations of the Committee with respect to the checkoff of regular, current, annual Association dues is limited to the obligations set forth in this Article and that these obligations shall not be deemed extended or increased by the provisions of any forms of authorization or by any other means.  In particular, the obligation of the Committee to make deductions from the wages or salaries due and payable to the Professional Employees as provided in Paragraph 221 is limited to uniform regular, current annual Association dues and does not obligate or require the Committee to collect or deduct fines or assessments of any kind which may be levied on its members, individually or collectively by the Association.  The Association agrees that all payments for Association dues received from the Committee by deductions from the wages or salaries due and payable to the Professional Employees under the provisions of this Article or received directly from an employee shall be applied solely toward the uniform periodic, regular, current, annual Association dues for said employee or employees and that none of said payments will be applied by the Association toward the payment of fines or assessments of any kind.

Rockland School Committee              32                    Rockland Education Association

 

 

 

 

Rockland Education Association Agreement

 

            Paragraph 226.  The Committee shall not be liable to the Association for any error in making or failing to make any deduction required by the provisions of this Article except for willful misconduct or clear lack of good faith provided, however, that upon notice in writing to the Committee by the Association of any such error, the Committee will make the appropriate deduction in the manner and to the extent prescribed in this Article in the next following pay deductions required by the provisions of this Article in the next following pay deductions required by the provisions in this Article if deemed necessary or prudent by the Committee to protect itself against assignments, attachments or liens against the wages or salary of an employee which in the judgment of the Committee are or may be prior to or superior to any deductions authorized pursuant to the provisions of this Article.  The Association agrees that nothing in this Article shall be construed to obligate or require the Committee to do anything or to take any action contrary to law or contrary to government statutes or regulations.

 

            Paragraph 227.  The Committee may conclusively rely upon a written statement signed by any person purporting to be the authorized representative of the Association stating the amount of the uniform, periodic regular, current, annual Association dues.  Unless and until advised in writing by the Association that the amount of its uniform, periodic regular, annual dues have been changed in accordance with applicable law, the Committee may conclusively presume that the amount of said annual dues is unchanged.

            Paragraph 228.  The Association agrees to and does hereby indemnify, defend and hold the Committee harmless from and against any and all claims, demands, liabilities, obligations, suits or any other form of legal action or litigation arising from or related to any action taken by the Committee in reliance upon any information, list, notice, statement or authorization for the checkoff of Association dues delivered by the Committee, by the Association or by a Professional Employee for the purpose of complying with any of the provisions of this Agreement or of this Article.

            Paragraph 229.  In the event of the breach of any of the provisions of Article Three, the obligations of the Committee under the provisions of this Article Twenty-two shall, without the necessity of any action by the Committee, forthwith and automatically terminate and shall be of no further force or effect provided however, that upon the presentation of evidence satisfactory to the Committee that the Association has communicated with the employee or employees involved in a breach of Article Three and has called attention to and warned said employee or employees of the provisions of this Paragraph 229, the Committee will limit its action under the provisions of this Paragraph 229 to the employee involved in the breach of Article Three.

                       

Article Twenty-Four

 

ADJUSTMENT OF GRIEVANCES

 

            Paragraph 230.  The Committee and the Association, for itself and as the representative of the Professional Employees agree that the exclusive method for the processing and settlement of a grievance as defined in this Paragraph shall be in accordance with the grievance and arbitration procedure described in this Article.  A grievance is defined as a claim or a dispute between a Professional Employee of the Association and the Committee which involves the interpretation, meaning, application of or compliance with the provisions of this Agreement or any amendment or supplement thereto.  The Committee and the Association agree to observe and follow the procedure prescribed in this Article and that any determination or decision which shall be made in accordance with said procedure shall be binding upon the Committee, the Association and the Professional Employees.

 

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Rockland Education Association Agreement

 

Paragraph 231.  Nothing in this Article will be construed as limiting the right of a Professional

Employee to discuss informally a possible or a potential grievance with his immediate supervisor.

 

Paragraph 232.  A grievance as defined in Paragraph 230 and otherwise subject to this

Agreement shall be processed in accordance with the following procedure:

 

(a)    Step No. 1.  The grievance shall be filed with the Principal of the school at which the employee is assigned and thereafter there shall be a prompt discussion of the grievance between the aggrieved employee and the Principal at which a representative of the Association may at the request of the aggrieved employee be present and participate.  In the event of the absence or disability of the Principal, the Assistant Principal at the school shall act on behalf of the Principal.  A grievance which is not presented by an employee to the Principal or to the Assistant Principal within five (5) working days after the occurrence or the knowledge of the alleged cause of the grievance shall be deemed to have been waived, the Principal or the Assistant Principal, as the case may be, shall advise the aggrieved employee in writing of the decision concerning the grievance within five (5) working days after the grievance was presented.

 

            (b)        Step No. 2.  In the event that a grievance is not settled in Step No. 1, the aggrieved employee or the Association may within five (5) working days after the date of the decision in Step. No. 1, submit the employee’s grievance in writing, signed by the aggrieved employee on a form jointly prepared by the Committee and the Association and delivered to the Office of the Superintendent of Schools.  The written grievance shall state the available facts concerning the alleged grievance, the provision or provisions of this Agreement allegedly violated and the relief desired.  Within ten (10) working days after the receipt of the written grievance there shall be a discussion with respect to said grievance between the aggrieved employee and the Superintendent at which a representative of the Association shall be present and participate.  In the event of the absence or disability of the Superintendent, the Assistant Superintendent shall act on behalf of the Superintendent.  Within five (5) working days after the conclusion of the discussion as provided in this Step No. 2, the Superintendent or the Assistant Superintendent, as the case may be, shall advise the aggrieved employee and the Association in writing of the decision concerning said grievance.

 

            (c)        Step No. 3.  In the event that the decision under Step No. 2 is not satisfactory, the aggrieved employee or the Association may within five (5) working days after the date of said decision file a written appeal to the School Committee requesting that the Committee investigate the grievance.  Within five (5) working days after the receipt of the written appeal the grievance shall be discussed among the aggrieved employee, an accredited representative of the Association and not less than three (3) members of the School Committee.  The School Committee shall within five (5) working days after the conclusion of the discussion as provided in this Step No. 3 advise the aggrieved employee and the Association in writing of its decision concerning said grievance.

 

            Two (2) or more separate current grievances otherwise subject to this Agreement which involve the same matter or question and which affect a group or a class of employees may upon the written request to the other Party by the Committee or by the Association be consolidated and processed as a single grievance provided however, that procedures shall be subject to all the provisions of this Article.

 

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Rockland Education Association Agreement

 

 

           

Paragraph 233.  In the event that a grievance is not settled after the completion of the grievance procedure prescribed in Paragraph 232, the grievance may be submitted to arbitration in accordance with the following procedure:

 

            (a)        The request for arbitration may be made by the Association or by the Committee by notification in writing to the other Party within five (5) working days after the date of the final determination under the grievance procedure as provided in Step No. 2 in Paragraph 232.

 

            (b)        Within ten (10) working days after such notification, the Party requesting arbitration shall execute and mail a written request to the American Arbitration Association, 294 Washington Street, Boston, Massachusetts 02108 for the appointment of an arbitrator and a copy of said request shall be simultaneously mailed to the other Party, unless during the said ten (10) days period, the Committee and the Association mutually agree upon an arbitrator.

 

 

(c)        The request for arbitration shall state the provision or provisions of this Agreement on which the grievance is based and shall state the remedy or the relief sought by the Party requesting arbitration.

 

(d)               The authority of the arbitrator shall be limited to the terms and provisions of this Agreement and to the question or questions which are submitted.  The arbitrator shall be bound by the provisions of this Agreement and he/she shall not have any authority to change the established Salary Schedule or other forms of compensation as provided in the Agreement not to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement.  The arbitrator may not award back pay or any other form of compensation effective on or retroactive to a date earlier than the beginning of the school year prior to the filing of the written grievance as provided in Step No. 2 in Paragraph 232.  The arbitrator shall have the authority to enjoin violations of this Agreement and to award compensatory and other damages.

 

(e)        The arbitrator shall mail his written decision simultaneously to the Committee, to the Association and to the Aggrieved employee within fifteen (15) days after the final submission.  The decision by the arbitrator shall be final and conclusively binding upon the Committee, the Association and the aggrieved employee.

 

(f)        The expense of the arbitrator and the expenses directly related to the arbitration hearing shall be shared equally by the Committee and the Association.

 

            Paragraph 234.  By mutual agreement in writing between the Committee and the Association, a grievance otherwise subject to the grievance procedure as provided in Paragraph 230 and in Paragraph 231 and otherwise subject to this Agreement may be initiated at Step No. 2 of the grievance procedure or directly submitted to arbitration as prescribed in Paragraph 232.  A matter referred for disposition in accordance with the procedure provided in this Article shall not be referred to or processed by the Committee or by the Association before any State or Federal regulatory agency.

 

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Rockland Education Association Agreement

 

           

 

 

Paragraph 235.  Except where an extension of time has been sought and obtained, in the event of the failure by either the Committee, the Association or an aggrieved employee to comply with the time limitations provided in this Article, the grievance shall be deemed to have been withdrawn or affirmatively accepted, as the case may be.  The Committee, the Association and the employees agree not to unreasonably withhold assent to the request by one of the other Parties for a reasonable extension of the time limitations provided in this Article.

 

            Paragraph 236.  The breach of any of the provisions of Paragraph 30 by one or more Professional Employees shall, at the option of the Committee, terminate the obligation of the Committee to arbitrate a dispute involving those employees.

 

Article Twenty-Five

 

PROVISIONS FOR REOPENING

 

            Paragraph 240.  Articles Nine, Ten, Eleven and two other Articles or Paragraphs may be reopened by the Committee or by the Association to take effect on July 1, 2012 by a notice in writing received by the other Party not later than October 15, 2011.  In the event of a reopening as provided in this Paragraph, the Committee and the Association agree to meet promptly to institute appropriate negotiations.

Article Twenty-Six

 

SCOPE OF AGREEMENT

 

            Paragraph 250.  It is acknowledged and agreed that during the course of the negotiations preceding the execution of this Agreement, all matters and issues of interest to the Association, to the Professional Employees and to the Committee pertaining to salaries, wages, hours and conditions of employment have been fully considered and negotiated, that each Party was afforded a full opportunity to present and discuss proposals pertaining to salaries, wages, hours and conditions of employment and that the understanding and agreements among the Parties concluded during the courses of negotiations are fully stated in this Agreement.  It is agreed that the provisions of this Agreement shall bind and benefit each individual Professional Employee.

 

            Paragraph 251.  The Committee and the Association, for itself and on behalf of the Professional Employees, agree that during the term of this Agreement all matters and issues pertaining to salaries, wages, hours and conditions of employment are and shall be governed exclusively by and limited to the terms and provisions of this Agreement and that neither the Committee nor the Association shall be obligated to negotiate with the other during the term of this Agreement with respect to any matter or issue pertaining to salaries, wages, hours or conditions of employment whether or not specifically included in this Agreement or discussed during the negotiations preceding the execution of this Agreement provided however, that nothing in this Paragraph shall in any way limit or restrict the rights and duties prescribed in Article Twenty-three.

 

 

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Rockland Education Association Agreement

 

            Paragraph 252.  A new position within the bargaining unit for which compensation is not provided in Paragraph 100, Paragraph 111 or in Paragraph 112 and the salary therefore shall become effective on the date the position is established and installed by the Committee.  The salary established by the Committee shall continue in effect until a different salary is agreed upon by the Committee and the Association or established by arbitration as provided in this Paragraph 252.  If the salary for a new position established by the Committee is not acceptable to the Association, the Committee will negotiate with the Association for the establishment of a mutually acceptable salary.  If at the end of thirty (30) days the Committee and the Association do not agree on a mutually acceptable salary, the matter shall be referred to arbitration as provided in Paragraph 233 provided however, that the arbitrator shall be a person experienced and qualified in teachers’ salaries.  In the event that the matter is referred to arbitration as provided in this Paragraph 252, the sole issue to be discussed and the sole question to be decided by the arbitrator shall be whether the salary established by the Committee is reasonable.  The decision by the arbitrator may be effective from the twenty-first (21st) working day after the new salary was installed by the Committee.  In the event that the Committee makes substantial changes in the duties of an existing position during the term of this Agreement, the Committee will negotiate with the Association concerning possible modifications in the salary for said position.

 

            Paragraph 253.  Except as otherwise specifically provided, the provisions of this Agreement shall apply only to the Professional Employees who are actually working and in the current employ of the Committee.

 

            Paragraph 254.  The Association acknowledges that there is and for many years there has been in circulation a Manual of Policies and Regulations issued and distributed by the School Committee and that the facilities under the jurisdiction of the Committee have been and are being operated in accordance with the provisions of said Manual.  The Association agrees that except to the extent otherwise specifically provided in this Agreement, the current manual issued by the Committee shall remain in full force and effect and that nothing in this Agreement shall in any way limit or restrict the right of the Committee to continue to amend, reissue, distribute and enforce the Manual described in this Paragraph.

 

            Paragraph 255.  No addition to, alteration, modification or waiver of any term, provision, condition or restriction in this Agreement shall be valid, binding or of any force or effect unless made in writing and executed by the Committee and by the Association.

 

            Paragraph 256.  By mutual agreement in writing between the Committee and the Association any of the time limitations provided in this Agreement may be extended and each of the Parties to this Agreement agrees not to unreasonably withhold assent to the request by the other Party for a reasonable extension of said time limitations.

 

            Paragraph 257.  The failure by the Committee or by the Association in one or more instances to observe or enforce any provision of this Agreement shall not be construed to be a waiver of said provision.

 

           

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Rockland Education Association Agreement

 

 

 

 

 

 

 

Article Twenty-Seven

 

LENGTH OF AGREEMENT

 

            Paragraph 260.  This Agreement shall take effect on July 1, 2009 and shall continue in effect until and including June 30, 2013.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Rockland Education Association Agreement

 

 

IN WITNESS WHEREOF, the School Committee and the Town of Rockland, Massachusetts, has caused this Agreement to be executed in its behalf by Mark Norris and Michelle Pezzella, its representatives duly authorized and the Rockland Teachers’ Association has caused this Agreement to be executed in its behalf by Frederick Damon and Kathleen Paulding its representatives duly authorized, at Rockland, Massachusetts, on June 15, 2010.

 

 

                                                                        The School Committee of the

                                                                                    Town of Rockland

 

 

 

                                                                        ____________________________________

The signatures of Mark Norris                        by        Mark Norris

and Michelle Pezzella witnessed by                           Duly Authorized Representative

 

 

____________________________                _____________________________________

            John Retchless                                    by        Michelle Pezzella

                                                                                    Duly Authorized Representative

 

 

 

 

                                                                        The Rockland Education Association

 

 

 

 

                                                                        _________________________________

The signatures of Frederick Damon                by        Frederick Damon

and Kathleen Paulding witnessed by                         Duly Authorized Representative

 

 

 

_____________________________              __________________________________      

            Mary Flanagan                                    by        Kathleen Paulding

                                                                                    Duly Authorized Representative

 

 

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