Salem

AGREEMENT

Between

THE SALEM SCHOOL COMMITTEE

and

THE SALEM TEACHERS UNION

LOCAL 1258

TEACHERS

AMERICAN FEDERATION OF

TEACHERS, AFL-CIO

2010-2011

PREAMBLE

The School Committee of the City of Salem and the Salem Teachers Union, Local 1258, AFT, AFL-CIO, agree that they have a common public and educational area of concern, in addition to economic matters such as salary and working conditions:

The School Committee and the Salem Teachers Union wish to declare their mutual intent to work together toward the achievement of educational excellence in the City of Salem.

This goal will be approached constructively through periodic consultation. Such consultation will take place without trespass or interference upon the distinct and special powers and duties of either party in the process.

To this end the Union will, from time to time, present to the Committee its views and suggestions on certain school problems clearly within its knowledge and province as the agency in the school system having the closest over-all contact with the classroom teacher.

It is hoped that this continuing consultation throughout the school year will contribute significantly to the advancement of public education in the City of Salem.

WHEREAS: the parties believe the collective bargaining method is workable and competent and will add dignity and increased professionalism in its best sense to the joint effort of the Union and the Committee to reach agreement, and

WHEREAS: the parties wish to declare their intention to cooperate fully in what must be the joint objective of the bodies, the best education possible for Salem's children, and

WHEREAS: the Union has demonstrated in a secret ballot election that it is the choice of a majority of those persons in the Bargaining Unit as their represen­tative for collective bargaining and, in accordance with Committee action on the 14th day of November of 1966, is the exclusive bargaining agent for all such teachers, and

WHEREAS, the Salem School Committee, hereinafter referred to as the "Committee," and the Salem Teachers Union, Local 1258, AFT, AFL-CIO, hereinafter  referred to as the "Union", have met in collective bargaining for the purposes of negotiating the wages, hours, standards of productivity and performance, and any other terms and conditions, including class size and workload, for the Bargaining Unit commonly known as the Teachers Unit and

WHEREAS, as a result of such meetings, the Committee and the Union have reached agreement as to said mandatory subjects of bargaining and

WHEREAS, Massachusetts General Laws, Chapter 150E, Section 7 requires that such Agreement be reduced to writing, it is

THEREFORE AGREED, as follows:

That the Collective Bargaining Agreement entered into between the Salem School Committee and the Salem Teachers Union for the period September 1, 2007 to and through August 31, 2010, is hereby incorporated herein and made a part hereof with the following amendments:

A.        Article XV, entitled "Duration" is hereby amended by deleting the present language and inserting in place thereof the following:

"This Agreement and each of its provisions shall be effective as of September 1, 2010, except as otherwise provided in this contract, and shall continue in full force and effect until August 31, 2011,"

B.        Appendix A is hereby amended by deleting the present Appendix A and inserting a new Appendix A attached hereto and made a part of hereof. Said new Appendix reflects an increase in the rates of pay above those set forth in the Appendix for School Year 2009-2010 in accordance with Article III, Section A2.

Signed this twenty-sixth day of July, 2010.

FOR THE COMMITTEE   FOR THE UNION

Mayor Kimberly Driscoll                                   Joyce Harrington, President

Nate Bryant                                                          Ann Berman

Kevin Can                                                           Kathryn DiPietro

Janet Crane                                                          Gail Doherty

James M. Fleming                                               Donna Hale

Kerry Martin                                                        Paul Rodolico

Brendan R. Walsh

THEREFORE AGREED, as follows:

Article I

UNION RECOGNITION, JURISDICTION AND  DEFINITIONS

A.            Union Recognition

The School Committee recognizes the Salem Teachers Union as the exclusive bargaining representative for all persons in Bargaining Unit A which consists of all classroom teachers, including Chapter I/Title I Teachers (Assistant Teachers), Permanent Substitute Teachers, Guidance Counselors, Adjustment Counselors, School Librarians, School Nurses, Coordinators (shall include all coordinator titles of current Unit A personnel), Curriculum Coordinator, Technology Integration Specialist, Science Integration Specialist, Technology Resource Teacher, School Psychologists, Head Teachers, Team Teachers and Department Heads in the Elementary, Middle and Senior High Schools, and the position of Supervisor of Attendance only for the time said position is held by Catherine Connelly excluding all other employees of the School Department.

B.            Jurisdiction

The jurisdiction of the Union shall include those per­sons now or hereafter who perform the duties or func­tions of the categories of employees in the Bargaining Unit.

C.            Definitions

The term "school", as used in the Agreement, means any work location or functional division maintained by the School Department in which the educational process is carried on.

The term "Principal" and "Director", as used in this Agreement, means the responsible administrative heads of their respective schools, or subject areas.

The term "teacher" or "person", as used in this Agreement, means a person employed by the Committee in the Bargaining Unit as described in Article I.

The term "Union Representative", as used in this Agreement, means the Union Building Representative or other qualified designee of the Union.

Wherever a personal pronoun is used in this Agreement, such pronoun shall be understood to apply equally to both male and female members of the Bargaining Unit.

Whenever the singular is used in this Agreement, it is to include the plural.

The term "Committee", as used in this Agreement, means the Salem School Committee and school admin­istrative organization.

The term "Union", as used in this Agreement, refers to the Salem Teachers Union, Local 1258, American Federation of Teachers, AFL-CIO.

The term "parties", as used in this Agreement, refers to the Committee and the Union as participants in this Agreement.

"Teaching Specialists", for the purpose of this Agreement, refers to teachers in the elementary and middle schools who are specialists in the following areas: Music, Art, Physical Education, Science, Family and Consumer Science and Technology Education.

Article II

COMMITTEE RIGHTS CLAUSE

Section A.

It is agreed that the School Committee of the City of Salem, hereinafter called "The Committee" or "The Salem School Committee", is a public body established under, and with powers provided by, the General Laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall be deemed to dero­gate from, or impair any right or duty conferred upon the Committee by statute or by any rule or regulation or an applicable agency of the Commonwealth of Massachusetts.

Section B.

Except as otherwise provided in this Agreement, or as otherwise provided in any law or rule or regulation promulgated under law, the School Committee, acting through its Superintendent and/or other administrative representatives, shall exercise its functions, duties, and responsibilities in such manner as may be prescribed by such law or laws as may now or subsequently be in effect.

Among the functions, duties, and responsibilities included, but not limited thereto nor wholly inclusive, shall be the following: To hire, promote, transfer, assign, retain and/or grant professional status to employees within the Salem Public Schools and to suspend, discharge, or take such other disciplinary action as may be provided for by law.

Section C.

The failure of the Committee to exercise any right or power hereby reserved to it, or the exercise by it of any such right in a particular manner, shall not be deemed a waiver nor a restriction of any such exercise of rights.

Section D.

The Committee retains all powers, rights, duties and authority which it had prior to entering into this Agreement except those matters agreed to herein.

Article III

SALARY AND RATES OF PAY

Al.           Basic Salary and Longevity Schedules

The salaries and longevity schedule of the members of the Bargaining Unit are set forth in Appendix A which is attached to, and made part of, this Agreement.

A2.          The Salary Appendix is hereby amended by deleting said Appendix and inserting the salary schedule attached hereto and made a part hereof. Said new salary appendix reflects the following:

For School Year 2010-2011 employees, who, during SY 2009-2010, were on salary steps 1 through 7, shall receive, in addition to their step increase, a one percent (1%) increase in pay. For School Year 2010-2011, employees, who, during School Year 2009-2010, were on step 8, shall receive a salary increase of two per cent (2%). Said salary schedule shall also note that Catherine Connelly, while she holds the position of Supervisor of Attendance, shall receive the Saltonstall salary differential.

B.        Placement on the Salary Schedule

1.             Credit for prior teaching experience shall be granted. For salary-credit purposes a minimum of 90 days service, within a school system within one school year, shall be the basis for computing one year's teach­ing experience.

2.             New teachers shall be credited with one step for active military service not less than two years, except such credited time shall not be applicable to professional status. The maximum credit allowed shall be two steps for service not less than two years.

C.        Course Credit

Courses taken for advancement on the salary schedule must be approved in advance by the Superintendent of Schools or his/her designee.

D.        Hourly Rate of Pay

The hourly rate of pay shall be forty-five dollars ($45.00).

Effective September 1, 2010 - $45.00

E.        Increments for Advanced Credit

Changes in salary through the attainment of additional professional credits shall be made in September and February of each year.

F.        Anniversary Date

For purposes of salary payment, teachers serving more than one-half school year will advance a step on the salary schedule each September.

G.            Mileage Allowance

Traveling teachers covered by this Agreement who are authorized to use private automobiles for school busi­ness shall be reimbursed at the Internal Revenue Service rate in effect on September 1 of each year.

H.            Itemized Payroll Deductions

A statement of itemized payroll deduction shall be included with each salary payment.

I.             Differential for Department Heads

The differential for department heads shall be $3,361.00 per year.

J.             Differential for Counselors and Coordinators

la.            The differential for the following counselors and coordinators shall be three thousand dollars ($3,000.00) per year:

lb.            Effective as of the beginning of the 2007-2008 work year for Counselors and Coordinators, said differential shall be three thousand dollars ($3000 .00)

Adjustment Counselor

Community Outreach Coordinator

Conflict Resolution Coordinator

Curriculum Coordinator

Foreign Language Coordinator

Guidance Counselor

Hawthorne Coordinator

Health Coordinator

Music Coordinator

Nurse Coordinator

Out of District Psychologist/Coordinator

Psychologist/Coordinator

Reading Recovery Coordinator

Technology Integration Specialist

2a.          Hours of Counselors and Coordinators include working a week before school opens, a week after school closes, parental conferences, and a defined work day commencing with the teacher work day to one-half hour after the close of school, Monday through Thursday. The time for guidance counselors may be adjusted to additional time before school as long as Guidance Services are available up to one-half hour after school closes, Monday through Thursday, by Counselors and Coordinators. These schedules will be arranged with the Director of Guidance.

2b.          Effective with the 2008-2009 work year, the hours of Counselors and Coordinators include working four (4) days before school opens, three 3 days after school closes, parental conferences, and a defined work day commencing with the teacher work day to one-half hour after the close of school, Monday through Thursday. The time for Guidance Counselors may be adjusted to additional time before school as long as Guidance Services are available up to one-half hour after school closes, Monday through Thursday by Counselors and Coordinators. These schedules will be arranged with The Director of Guidance.

K.                  Differential for Coordinator of Student

Activities — High School

The differential for the Coordinator of Student Activities shall be $5,300.

L.    Teaching Before and/or After the Regular School Year

Any teacher, except those on a differential, required to work a week before and/or following the close of school shall be paid at the pro rata of the annual salary.

M.           Substitute Teachers Pay

Pay for substitute teachers shall be $70.00 a day. Those substitutes serving twenty (20) consecutive days shall be placed on the salary schedule provided in this contract.

N.            Extracurricular Payment

Existing extracurricular payments are set forth in Appendix B, which is attached to, and made a part of, this Agreement.

Prior to April 30th of each school year, the Committee shall develop a comprehensive list of all stipend activ­ities to then be reviewed by the Union. Upon agreement of said list by the Committee and the Union, it shall become Appendix B of the Agreement effective for the current contract year and as such forwarded to the Teachers Retirement Board.

O.            Method of Salary Payment

Salaries shall be paid in twenty-six equal installments beginning on the Friday nearest to September 15 and continuing on every other Friday thereafter. Personnel desiring a lump-sum payment of money at the end of June may receive all accumulated monies by notifying the Superintendent by May 1.

Members of the Bargaining Unit may choose to receive their salaries in twenty-one equal paychecks. Personnel selecting such option must do so by September 1 in any year.

Said election shall remain in effect for the remainder of the year and from year to year thereafter unless notice is made as set forth above.

P.            Severance Pay

On the retirement or death of a teacher who has been continuously employed prior to September 1, 2000, pay­ment for accumulated sick leave will be made to the teacher or his/her estate up to a total of eighty (80) days. On the retirement or death of a teacher who has been employed on or after September 1, 2000, payment for accumulated sick leave will be made to the teacher or his/her estate up to a total of forty (40) days.

To be eligible for this payment, retiring teachers must provide the Superintendent with sixty (60) days advance notice of said retirement, except in emergency situations.

For the purpose of this section, the word "retirement" is defined as being an employee who is eligible for and receiving benefits in accordance with the rules and regulations of the state teachers and/or local contributory retirement system. Proof of receiving benefits, by means of a copy of the initial retirement check, shall be submitted to the Superintendent of Schools, prior to the payment of benefits provided for by this section.

Q.            Payroll Deductions

Payroll deductions shall be made for teachers desiring to deposit money in the Credit Union for any purpose designated by the teacher.

Payroll deductions shall be made available for teachers who wish to participate in the Union sponsored Committee on Political Education (COPE).

R.            Payment   for   Supervisory   Personnel

Summer School and Evening School

1.              The Supervisor of Evening School shall be compensated at the rate of $1,800 per season. The Supervisor of Summer School shall be compensated $1,500 for the session.

2.              The Assistant Supervisor of Evening School shall be compensated at $1,100 per session.

3.              The parties agree to a continuing evaluation of the relationship of supervisory payment to evening school personnel.

S.             Differential for Head Teacher

Head teachers shall work a teacher's day and a teacher's year and shall teach 2-4 periods a day as determined by the Principal, and have one preparation period a day. The positions shall be posted. Head teachers shall receive a differential of $3,500.

T.            Differential for Team Leaders

Team leaders shall work a teacher's day and a teacher's year. They shall have monthly meetings with the Principal, the time and duration of which shall be determined by mutual agreement between the team leaders and the Principal. Team leaders shall be elected by team members. Team leaders shall receive a dif­ferential of $1,250.

Article IV

SUPPLEMENTAL BENEFITS

A.     Health Insurance

1.             The City of Salem shall provide at least 65% of the cost of the indemnity health insurance plan adopted by the City under Chapter 32B of the General Laws of the Commonwealth. The contribution of the employee shall be paid with pre-tax dollars as authorized by Section 125 of the Internal Revenue Code.

2.             The City of Salem is providing BlueCross/Blue Shield Blue Care Elect Preferred (PPO) and Blue Cross/Blue Shield Network Blue New England Options v. 3 (HMO). The employer shall contribute seventy-five percent (75%) to the cost of the HMO plan, with the Employee contributing twen­ty-five percent (25%) thereto. In the event of a conflict between the above language and any previously entered into side agreements between the parties, the above language will prevail."

3.             The Blue Cross/Blue Shield Network Blue New England Options v.3 is incorporated herein and made a part hereof, as Appendix D.

4.             The City shall establish a health insurance reimbursement program by which it shall reimburse employees for the cost of outpatient and inpatient/hospital co-pays incurred by any such employee. In addition, the City shall pay the administrative cost of implementing a Flexible Spending Account for all employees for the year January to December 2011.

5.             The City agrees that it will not transfer its active employee subscribers to the Group Insurance Commission (GIC) except that if the cost of increase of health insurance to the City exceeds five percent (5%) of the average premium cost of increase of all the GIC plan(s), under which employees would be enrolled, then the City and Union shall meet to negotiate the health insurance plan(s) provided active employees, for a period of ninety (90) days. If at the conclusion of the ninety (90) day negotiating period, the parties fail to reach agreement as to the offered health insurance plan(s), the City may then exercise its statutory option to join the GIC.

B.     Life Insurance

The City of Salem shall provide 65% of the cost of a $5,000 life insurance policy as adopted by the City under Chapter 32B of the General Laws of the Commonwealth.

C.        Pension

The parties agree that all provisions of the Massachusetts Teachers Retirement Plan shall be made a part of the Agreement.

D.        Worker's Compensation

Teachers are covered by the Provisions of the Massachusetts Worker's Compensation Act.

E.        Tax-Sheltered Annuities

So as to provide for a non-forfeitable, tax-sheltered annuity payable upon retirement or termination of employment, a teacher may contract with the Committee for the purchase of an annuity pursuant to the provision of the General Laws of Massachusetts as part of his or her employment compensation. Such contract shall specify the premiums to be paid toward the annuity, the method and form of payroll deduction or other form of premium payment.

Article V

 LEAVES OF ABSENCE

A.            Sick Leave

1.      Accumulation and Reserve

Every member of the Bargaining Unit shall be granted 1.5 days of leave at the commencement of each month of service to a maximum of fifteen (15) days per school year for the purpose of absences caused by illness. Teachers at the Saltonstall School shall be entitled to a maximum of sixteen and one-half (16.5) days per school year. Such leave not used in the year of service shall be accumulated for use in subsequent years.

At the end of sixty (60) consecutive days the School Committee may, as its prerogative, require that a physician representing the School Committee be allowed to examine the teacher and report his findings to the School Committee.

No teacher shall lose sick pay as a result of the hiring of a substitute teacher.

For teachers now in the Bargaining Unit, all accumu­lated sick leave, including extra-days sick leave based upon years of service acquired by members of the Bargaining Unit, shall be added to the days of sick leave provided for in this section.

Teachers will be notified in September of their total accumulated sick days.

2.           Sick Leave for Tuberculosis

Any teacher in the Salem School Department, excluded or removed from employment on account of tuber­culosis in a communicable state, shall be carried on sick leave with pay for the entire period of such exclu­sion or removal, but in no case for more than two (2) years and for such further additional period as he may be entitled to under regulations of the Salem School Committee.

3.         Job-Connected Injury, Assault

All members of the Bargaining Unit shall be granted fully paid leave, without loss of pay, for absence caused by injuries, assault or battery sustained by teachers in connection with their employment by the Committee. The period of such leave shall cover the period of disability. Such leave shall not be charged against the teacher's sick leave.

Upon presentation of medical bills, each teacher shall be reimbursed by the Committee for all medical expenses, to the extent that such expenses are not already covered by the Committee.

Teachers may, at their option, elect coverage under Worker's Compensation as an alternative to this section. While out on Worker's Compensation, a member, upon request, may be able to draw from sick-leave benefits to make up the difference between the Worker's Compensation coverage and his regular week's wages.

4.         Sick-Leave Bank

There is hereby established a Sick-Leave Bank for the employees covered by the Collective Bargaining Agreement under rules and regulations established by the Union, approved by the Committee under the following conditions:

a.     Any employee, who so desires, may assign one sick-leave day to the general Sick-Leave Bank within thirty (30) days from the execution of this Agreement or, for new employees, within thirty (30) days from the date of employment.

b.     At any such time that the total number of days in Sick-Leave Bank is reduced to one hundred (100), any employee wishing to continue membership shall con­ tribute one additional day. In the event that an employee has no sick-leave credit from which to contribute and said absence of sick-leave credit is the sole result of earlier participation within the bank during that school year or current participation within the bank, then that employee shall continue to be a member but must contribute a sick day as soon as he or she receives creditable sick leave.

c.       Any employee who is a member of the Bank and who has exhausted his or her personal sick leave shall, upon the 6th consecutive payless sick day, draw upon the Bank, provided the illness is certified by a physician selected by the School Committee. The School Committee shall select said physician from a list of physicians, said list having been mutually agreed to between the parties to this Agreement. In the event that the selected physician cannot conduct such an examination prior to the employee being removed from the payroll, then the employee, upon presentation of his or her own personal physician's report verifying illness, shall draw from the Bank. The School Committee may verify such illness by use of the panel physician; and, if in the event said physician determines the employee is capable of working, then said employee shall be immediately terminated from the use of said Bank. The expense of the examination of the panel physician shall be borne by the Committee.

d.    The sixty (60) consecutive-day examination requirement as set forth in Article V-A-l shall also apply to participants of the Sick-Leave Bank.

e.     In no event shall any employee be entitled to draw more than one hundred eighty (180) consecutive days from said Bank.

f.     When new members of the Bargaining Unit are initially employed, the Administration shall provide such members with the Union-drafted, sick-leave-bank enrollment form. The Administration will inform the Union's First Vice-President of new memberships. When the sick-leave bank is reduced to 100 days, the Union will provide the members of the Bargaining Unit with the following notice:

The Sick Bank has been reduced to one hundred (100) days. If you wish to remain a member, one (1) additional day will be automatically deposit­ed to the Sick Bank and your membership will continue. If you wish to be removed from the Sick Bank, would you please notify payroll in the Administration Building, in writing, fifteen (15) days from the date of notification. Failure to notify in writing will automatically continue your membership in the Sick Bank.

5.         Excessive Use of Sick Leave

In the event the use of Sick Leave by a teacher becomes excessive and/or demonstrates an identifiable pattern, then said teacher shall be subject to the follow­ing procedure:

a.     Written notice of such use.

b.     If, after the issuance of written notice, the teacher continues in his or her excessive use and/or patterned use of sick leave, then said teacher shall be placed on a "probationary" sick leave status for a period of ninety (90) days, during which period all sick leave absences must be medically documented.

c.     In the event that following a. and b. above, the teacher continues in his or her excessive and/or patterned use of sick leave, then said teacher will be subject to further progressive disciplinary action.

d.     The provisions of this subsection shall be subject to the grievance and arbitration procedure of this Agreement, applying a "just cause" standard.

B.        Leave With Pay

1.           Short Term Leave For Personal Business

a.     Teachers will be allowed to utilize three (3) days per year for unrestricted personal business not taken before or after a holiday or vacation period. Whenever possible, three (3) school days written notice shall be given to the School Principal, or in the case of teachers assigned to multiple schools, to the Superintendent of Schools.

b.     Personal leave shall not be granted for successive days nor on the school day before or after a holiday or vacation period except with the prior approval of the Superintendent.

2.           Sabbatical Leave

Three-fourth (3/4) paid sabbatical leave for study may be granted following seven (7) years of permanent service, upon recommendation of the Superintendent, with the approval of the School Committee, up to a maximum of three (3) individual leaves per school year. A teacher who takes a sabbatical year for study should pursue a systematic course of study during the entire school year in residence under the auspices of an educational institution approved by the Superintendent of Schools, taking at least ten, three-hour courses up through the Masters level, or their equivalent. Such courses must be listed on the application for sabbatical. Teachers granted such leave must agree in writing that services following the leave shall be rendered in the Salem Public Schools for at least two school years, and that in default of completing such service, the teacher shall refund to the City of Salem an amount equal to such proportion of salary received by him while on leave as the amount of service not actually rendered, as agreed, bears to the whole amount of service agreed to be rendered.

All applications for sabbatical leave shall be submitted by the preceding April 1.

3.         Leave for Health

Sabbatical leave for health reasons at half pay may be granted upon presentation of physicians' recommenda­tion following seven (7) years of permanent service in the Salem Public Schools.

4.         Short Term Military Leave

Every person who is a member of a reserve component of the Armed Forces of the United States shall be granted, in accordance with Section 59 of Chapter 33 of the General Laws, leave of absence, without loss of pay, during the time of his annual tour of duty as a member of such reserve component; provided, howev­er, that such leave shall not exceed seventeen (17) days.

5.         Selective Service Tests

Each teacher shall be granted his regular salary, with-out loss of pay, when required to be in attendance for a selective service examination, physical examination, or other tests required by the United States Government.

6.         Service Credit for Leave with Pay

Each teacher granted leave with pay shall, upon his return, be entitled to claim service credit for seniority, longevity, retirement, appropriate placement on the salary schedule and increments due him in accordance with the length of his leave and progression requirements.

Teachers on such leave shall be permitted to pay regular monthly contributions based upon earnable salary as a teacher for the period of such leave.

The Committee agrees to recommend to the State Retirement Board that the time spent on leave of absence pursuant to this section be granted as service credit for retirement purposes and that teachers receiving such leave of absences be permitted to pay regular monthly contributions based upon their earnable salaries as teachers for the period of such leave.

7.         Leave for Conference, Conventions, etc.

With approval of the School Committee, official delegates of the Salem Teachers Union shall be granted leave with pay to attend conventions of affiliated bodies, education conferences, or other functions which contribute to the advancement of educational welfare in the City of Salem.

8.         Leave for Visiting Days

With the approval of the Superintendent, each teacher in the Salem Public Schools may be allowed, without loss of pay, at least one (1) day per year for visiting other classes within or outside the city, for educational conferences or conventions.

9.         Religious Holidays

Time off, without loss of pay, will be granted for the observance of required holidays of any religious sect or belief, but not to exceed three (3) days in any school year.

10.      Funeral Leave

Five (5) days funeral leave without loss of pay shall be granted to teachers upon the death of anyone in the teacher's immediate family or anyone residing in the same household with the teacher.

Immediate family shall include the teacher's spouse, child, mother, father, sister, brother, grandparents, grandchildren, son-in-law, daughter-in-law, parent-in-law, step-mother, step-father, step-child, step-grand­child, step-sibling or any individual or relative of the teacher or their spouse residing in the employee's house at the time of death or at the commencement of the final illness or accident.

One day funeral leave without loss of pay shall be granted to teachers upon the death of the teacher's brother-in-law, sister-in-law, aunt, uncle, niece or nephew.

11.      Pregnancies and/or Related Conditions

Pregnancy and/or related conditions are considered temporary disabling conditions and are therefore cred­itable to accumulated sick leave. Teachers are to consult with their physicians to determine the most advis­able periods for either the temporary cessation of their services or their healthful return to work. Such infor­mation is to be provided as soon as possible to the Administration in order to enable the school system to make necessary arrangements for instruction. In the event that accumulated sick leave is exhausted, or in the event that the teacher wishes to apply for unpaid maternity leave, the procedures outlined in Article V, Section C-4 shall be applicable.

12.      Jury Duty

Members of the Bargaining Unit who are called for jury duty shall be made whole for such service, less any compensation received by the employee. Every effort shall be made to schedule jury duty to non-school days. Employees shall submit proof of service to the School Department.

13.      Paid Paternity Leave

Any member of the STU's bargaining unit who qualifies under the federal Family & Medical Leave Act of 1993 ("the FMLA") for leave due to the birth of a son or daughter of said employee, who has sufficient accu­mulated paid sick leave available to her/him for the purpose , may use up to ten (10) days of said accumu­lated paid sick leave within a 12-month period, providing he/she satisfies the procedures required by the FMLA for taking such leave. Such paid sick leave shall hereafter be called "paternity leave".

14.      Paid Family Illness Leave

Any member of the STU's bargaining unit who qualifies under the FMLA for leave in order to care for a spouse, son, daughter, or parent who has a serious health condition, or to care for a covered service member of the Armed Forces of the United States, as defined and described in the FMLA, who has sufficient accumulated paid sick leave available to her/him for the purpose, and who satisfies the procedures required by the FMLA for taking such leave, may use not more than twenty (20) days of her/his accumulated paid sick leave in a 12-month period for what shall hereafter be called "family illness leave".

15.      Combined Paternity & Family Illness Leave

Family illness leave for use as described in paragraph 2, above, may, with suitatble documentation, be used by any member of the STU's bargaining unit, who has qualified for paid paternity leave in a 12-month period, up to a combined total of paternity and family illness leave and paid leave of not more than twenty (20) days in a 12-month period.

16.      Applicability of F.M.L.A. Rules for Certification & Eligibility

FMLA rules for certification and eligibility for paternity or family illness leave, including such leave to be used intermittently, shall be as described in the pertinent provisions of the FMLA and its regulations.

17.      Twelve-Month Period Defined

The Salem Public Schools counts the 12-month period for availability of leave under the FMLA by the means described at 29 C.F.R. 825.200(b)(3), viz., "[t]he 12-month period measured forward from the date any employee's first FMLA leave [for approvable reasons] begins ...." This calculation of the 12-month period for use of paternity leave, as described in paragraph 1, above, or family illness leave, as described in paragraph 2, above, or both, as described in paragraph. 3, above, shall be that used by the Salem Public Schools to calculate FMLA leave.

18.      Use of Time from Sick Leave Bank Not Permitted

No time from the teachers' sick leave bank may be used for any portion of paid paternity or paid family illness leave.

C.            Leave Without Pay

1.         General Leave

a.     Leaves of absence without pay may be granted on account of prolonged illness, needed rest, necessities of the home and allied reasons; or they may be granted to regular teachers who are not eligible for sabbatical leaves of absence for the purpose of professional improvement; or they may be granted to regular teachers, other than those selected as exchange teachers, for the purpose of teaching in any school system in the United States; or they may be granted for any other activity which would, in the opinion of the Superintendent, contribute to the future benefit of the Salem Public Schools.

b.     The salary status of a regular teacher on leave of absence without pay remains unchanged during the period of leave.

2.         Leave for Union Service

Teachers who are officers of the Union or who are appointed to its staff may seek and shall be granted leaves of absence without pay for the purpose of per-forming legitimate duties for the Union. Teachers granted leaves of absence without pay shall, upon their return, receive service credit toward longevity, seniority status, placement on the salary schedule and salary increments due them.

Further, the Committee agrees to recommend to the State Retirement Board that the time spent on leave of absence pursuant to this section be granted as service credit for retirement purposes and that the teachers receiving such leave of absence be permitted to pay regular monthly contributions based upon their earn-able salaries as teachers for the period of such leave. Request for leaves granted under this section shall be initiated by the Union for Union service, and/or special study, research or similar relevant purposes to enhance the knowledge and competency of Union in adminis­tering its responsibilities.

3.           Military Service

Each teacher shall be granted a leave of absence for military service, without pay, for the duration of com­pulsory service. A teacher granted such a leave shall, upon his return, receive service credit toward seniority, retirement, longevity, and appropriate annual salary and increments.

4.         Maternity Leave

a.     The School Committee may grant unpaid maternity leave upon request of a teacher.

b.     A teacher on maternity leave may return to school only at the beginning of school in that September immediately following the birth of the child or in the following September. Written notice of the intent to return must be given to the Superintendent preceding the September in which the teacher intends to return to work.

D.        Involuntary Leaves of Absence

Employees who are terminated from employment in accordance with Article VI, Section N, shall be entitled to an involuntary leave of absence in accordance with the following:

1.       Waiver of Hearing

The Committee shall offer each affected employee the opportunity to waive his or her rights under Massachusetts General Law, Chapter 71, Section 42, which, if accepted by said employee, and in consider­ation thereof, the Committee will grant said employee an involuntary leave of absence, without pay, for the period of time and under the conditions as set forth in Article VI, Section N, Paragraph 3.

2.         Maintenance of Benefits

Any teacher granted an involuntary leave of absence, as set forth in Paragraph 1 above, shall upon his or her return be entitled to all rights and benefits held at the time of the commencement of the leave.

3.         Health Insurance

It is the understanding of the School Committee that individuals who are granted an involuntary leave of absence under the provisions of Paragraph 1 above will be entitled to retain their health insurance coverage, providing said employee assumes total cost of said coverage.

Article VI

WORKING CONDITIONS

A.            Class Size (Excluding Vocational High School)

1.             The School Committee will establish and main­tain the following class sizes:

a.       "The system-wide class size average in grades kindergarten through five shall not exceed 25 pupils per teacher. In no event shall any kindergarten through fifth-grade classroom exceed 28 pupils. Such class size is defined as the total number of students in regular classrooms divided by total number of regular classroom teachers."

b.               Middle schools                                     20-30 pupils

c.               Senior high school                               20-30 pupils

d.               Resource rooms                                   12 pupils

e.               Trainable classes                                 10 pupils

2.             An appropriate number of regular teachers will be hired to make possible the aforementioned class-size maxima.

3.             Every effort will be made in order that the English teachers at the High School shall not be responsible for more than 125 students per teacher.

4.             Whenever possible, classes of Family and Consumer Science, Business Machines, Language and Science Labs, and Technology Education shops shall have a class-size maximum of 18 pupils.

B.            Teaching Load; Teacher Programs

1.             Definitions

a. "Teaching Periods" are those periods in which the teacher is actively involved with the pupils in the act of teaching and has participated in the planning of the instruction to be conducted.

b.     "Homeroom Classes" are those in which the children assemble in the morning, at lunch time, and at the close of the day for administrative purposes. The time involved is usually a short period and is known as the "homeroom period."

c.     "Administrative Periods" are those periods during which the teacher is programmed for an activity other than teaching.

d.     "Preparation Periods" are those periods during which a teacher is not assigned to a regularly programmed responsibility.

e.     Team Planning time at the High School is defined as that time a teacher is assigned to meet with other members of the team to prepare and develop the cluster activities or to discuss other relevant issues such as organization, pupil problems and/or curriculum concerns. Such team planning time shall occur during administrative periods only.

2.             Grades 9-12

a.     A full teacher schedule consists of a maxi­ mum of five (5) teaching blocks, two (2) preparation blocks (1 per day) and one (1) administrative block over a two (2) day eight (8) block cycle. Teachers will have a maximum of three (3) teaching blocks on any day. All teachers will have an assignment during homeroom time.

b.     Department heads shall have 3 periods for departmental work and one for preparation daily in the major areas of English, Math, Modern Languages, Business, Science, Social Studies and Technology Education.

c.     In a full five (5) day week, the High School daily schedule shall consist of four (4) blocks a day with homeroom period(s) or extended blocks scheduled during the week. All days will have a thirty (30) minute duty-free lunch. Staff will have the right to continue to look at the best use of the homeroom time.

d.     Whenever possible, first year teachers will not be required to teach more than two (2) teaching preparations at any one time.

e.     No members of the staff shall be required to teach more than three (3) preparations at any one time.

f.     Teachers who agree to take on additional teaching/administrative blocks beyond what is previously mentioned in the paragraph above shall receive regular compensation equal to (1/8) times their appropriate placement upon the basic salary schedule for each additional block they are assigned in lieu of a preparation block. Teacher approval is required on any additional Assignments

g.     A Teacher Aide shall be provided the Science Department to assist in lab preparations. The time allotted shall be three (3) hours per day.

3.             Middle School

a.     Applicants for the teaching position of Mathematics and for the teaching position of Science within the seventh (7th) and eighth (8th) grades must be certified in the subject matter of the position and must have earned twelve (12) units of credit in any second, specific area of certification. Alternatively, applicants must possess an elementary or general certification.

b.     Applicants for the teaching position of Social Studies within the seventh (7th) and eighth (8th) grade must be certified in the said subject matter and have earned twelve (12) units of credit in English or Reading. Alternatively, applicants must possess an elementary or general certification.

c.     Applicants for the teaching position of English within the seventh (7th) and eighth (8th) grade must be certified in the said subject matter and have earned twelve (12) units of credit in Reading or Social Studies. Alternatively, applicants must possess an elementary or general certification.

d.    Applicants for the teaching position of Reading within the seventh (7th) and eighth (8th) grade must be certified in the said subject matter and have earned twelve (12) units of credit in English or Social Studies. Alternatively, applicants must possess an elementary or general certification.

e.     Applicants for teaching positions within the sixth grade must possess an elementary or general certification.

f.     Preparation Periods and Administrative Periods for Middle School Teachers shall be provided with two hundred fifty (250) minutes' preparation time per week and shall be assigned one hundred fifty (150) minutes of administrative time per week.

g.     Activity Program—All teachers will participate in a cluster-planned or school-wide activity program.

h.       After School Assistance—For one (1) hour each week, Middle School teachers shall remain after school to provide assistance to, and for makeup work for, students.  Teachers will request students who are behind in their work to remain after school during the "day back" period.

C.        Duty-Free Lunch Period

All teachers shall be granted a duty-free lunch period of 30 minutes.

D.        Relief from Non-Teaching Duties

1.             Duties of teachers shall not include traffic duty, school banking, and money collections, except, howev­er, when an emergency arises, teachers may be required to assume the aforementioned duties, but only after mutual agreement between the President of the Union and the Superintendent of Schools or their designees.

2.             Collections for picture and insurance money shall be the responsibility of the companies involved.

3.             School registers shall be machine processed.

4.             All administrative duties shall be annually rotated.

E.        Preparation Periods

Elementary: Pre K-5: Ever/ elementary teacher (Pre K-5) including resource-room teachers shall be provided with at least 160 minutes preparation time per week.

Teachers shall be present during demonstration lessons given by Supervisors.

To the end of enriching curriculum, improving teaching service and providing preparation periods, the School Committee shall add needed teaching specialists as it deems necessary.

It is the intention of the District to utilize its best efforts to continue to provide two hundred (200) minutes of preparation time per week to its elementary teachers. This reflects the current practice.

F.        Length of School Year

1. The regular term of all day schools shall constitute 180 school days beginning on the Wednesday fol­lowing Labor Day and continuing into the month of June until the 180th day period has been attained. However, 185 school days shall be scheduled in the School Calendar; such 5 additional days may be uti­lized by the Committee to insure the attainment of the required 180 days aforementioned. School sessions shall be suspended on Saturdays, Sundays and the following holidays and vacations: Columbus Day; Veteran's Day; Thanksgiving Recess (from noon of the Wednesday prior to Thanksgiving until the following Monday); Christmas Recess (begin­ning no later than the close of school on December 23 and ending no sooner than January 2); Martin Luther King Day; Winter Recess (the week of Washington's Birthday); Good Friday; Spring Recess (the week of Patriots' Day); Memorial Day. Whenever any of the aforesaid holidays falls on a Sunday, schools shall not be in session on the following Monday.

2a.          Unless otherwise specifically set forth in this Agreement, the regular work year for all members of the Bargaining Unit shall be one hundred eighty-five (185) days. The five (5) additional days beyond the student school year shall be dedicated to "professional development." The   regular  work  year   for   all Saltonstall teachers of the Saltonstall School shall be two hundred two (202) days.

2b.          As set forth in paragraph 2a, the work year incorporates a full compliment of five (5) Professional Development Days. For School Year 2010 - 2011, the parties agree that there will be four (4) Professional Development Days as part of the work year. For School Year 2010 - 2011, the one Professional Development Day to be suspended shall be that traditionally scheduled for the last day of school. Unless the parties agree otherwise, the provisions of this para­graph shall expire as of August 31, 2011."

2c.           There is hereby established a joint professional development committee consisting of six union mem­bers and six school administration members, for purposes of making recommendations to the Superintendent concerning the nature and content for such days, with the goal of creating content based, appropriate, and effective professional development"

G.            Length of School Day

1.             Elementary Schools:

Teachers—8:05 A.M.—2:35 P.M.  

Students—8:20 A.M.—2:25 P.M.

At the initiation of the Administration, the Principal shall call a meeting of the school faculty in June for the purpose of taking a vote to change the school hours within the parameters of 7:30 A.M. and 3:00 P.M. for the following school year. Hours shall not be changed unless the faculty votes in its majority for said change. The length of the workday shall remain the same.

2.             Middle School:

Teachers—8:05 A.M.—2:45 P.M.*  

Students—8:20 A.M.—2:45 P.M.

*Up to four teachers per week shall be required to remain until 2:55 P.M., to provide outside supervi­sion. The teachers shall be equitably assigned on a rotating schedule.

3.             High School:

Teachers—7:12 A.M.—2:05 P.M.

Students—7:24 A.M.—2:02 P.M.

Any increase in teaching time up to fifteen (15) minutes shall be borne equally by all teachers without exception at the Middle and Elementary schools.

4.     Nothing in the above language shall be construed to prohibit regular after-school sessions and extra-help sessions. Regular after-school, extra-help sessions at the High School shall not extend more than forty eight minutes (48) beyond the conclusion of the student day, except at the discretion of the teacher.

5.     Teacher Meetings

a.        Teachers may be required to remain after the end of the regular work day to attend a reasonable number of departmental, individual school or system-wide staff meetings (which shall not include special help or assistance at student corrective remedial interviews) each school year. Such meetings shall not exceed, in the aggregate, twenty-one hours in the school year. Said meetings at the high school shall not extend beyond one hour after the conclusion of the student school day.

In case of extraordinary programs or the introduction of and/or implementation of new pro­grams in the system, the requirements of this section may be waived by mutual agreement of the parties.

b.     Teachers may be required to attend three (3) evening meetings of no longer than two (2) hours duration for each meeting. Said evening meetings shall not be counted as part of twenty-one (21) hours referred to in Sub-paragraph A above. Attendance at other evening meetings or functions shall be at the discretion and responsibility of the individual teachers.

c.     Notification of afternoon meetings must be given one week in advance and of evening meetings, one month in advance.

d.     Except in an emergency, Individual Education Plan and parents meetings to special education students shall not be scheduled by the District before or after the teacher work day, nor during the lunch and/or preparation periods of any teacher involved in said meetings. In the event that such meet­ings are scheduled before after the teacher work day, any teacher required to attend shall be given at least five (5) calendar days notice thereof and shall be guar­anteed a minimum of one (1) hour pay at the contrac­tual hourly rate and compensated on a pro rata basis for attendance beyond one (1) hour. In cases of an emer­gency, a teacher who is required to attend such a meet­ing during his/her preparation period and/or lunch peri­od, shall be compensated at the contractual hourly rate for time spent at said meeting.

6.             Extension of Work Day

Effective with the 1990-1991 School Year, the teaching day shall be increased an additional fif­teen (15) minutes.

H.            Additional School Facilities

1.             Where possible every class shall be held in a properly heated, lighted, ventilated, sound-proofed and equipped classroom.

2.             Every school building shall have at least one teachers' lounge which is kept clean and provided with suitable furniture when and where possible.

3.             Mailboxes for teachers shall be provided in all schools.

4.             A pay telephone for faculty use may be authorized in each building at no expense to the School Committee.

5.             Sufficient electrical outlets shall be provided and properly placed in all classrooms where possible.

6.             The parties agree that the program now started to expand building facilities will help to relieve pressure caused by overcrowding.   However, the Committee agrees as far as feasible it will continue its program to alleviate overcrowding.

7.             The School Department shall prepare and distribute to all faculty a separate directory listing all teachers and providing their home addresses.

8.             Individual teachers are not obliged to underwrite activities with personal funds.

9.             Supplementary teaching materials, such as periodicals, shall be budgeted in excess of the book budg­et commencing in 1968.

10.          An automatic, telephone-message-taking device or telephone answering service shall be contracted for which will allow staff members to report their absence before the school day begins.

11.          There shall be established referral services for individual testing, psychiatric help and other clinical services on all levels of the school system.

12.          Where possible, facilities for a library collection for reference and circulation shall be provided in all schools.

13.          A central book depository shall be provided so teachers with extra supplies or textbooks may make them available to the entire staff.

14.          The School Committee shall provide telephone access for the private use of teachers. Toll calls from such telephone shall be made at the expense of the teacher at the time of use, using a credit card.

I.             Scholarship Standards: Curriculum

1.             Determinations with respect to the kinds of teaching materials purchased shall be made solely by academic personnel with the approval of the School Committee.

2.             If possible, delivery of all books and supplies for the following year shall be made in June and teachers shall be notified two months before the close of school in June concerning supplies and materials which are denied.

3.             Teachers and department heads shall receive notice when a curriculum committee is to be established. Teachers will be solicited to submit recommendation in their area of education. Proposed major revisions in curriculum shall be sent to teachers for comment before they are adopted.

4.             The parties agree to continued consultation with a view to initiating a more intensive and effective pro­gram for the academically talented in the elementary schools.

5.             Industrial arts shall be extended into the seventh grade when and where possible.

6.             Home economics shall be extended into the seventh grade when and where possible.

7.             There is hereby established an "Educational Committee" which shall consist of three members appointed by the Union and three members appointed by the Committee. Said committee shall study and make recommendations as to education issues affecting the school system which shall include, but not be limited to, the following:

a.           Textbook selection and review;

b.           Student promotional and graduation requirements;

c.           Formulation and implementation of plans for computer instruction and in-service training for teachers in the use of computers.

8.       Except in extraordinary circumstances, teachers shall be given written notice of their school, grade, class and/or subject assignment by the close of school of the preceding school year.

J.         Supervision

1.             All observations of teaching performance shall be conducted personally by the administrator evaluat­ing the teacher and with full knowledge of the teacher.

2.             An unsatisfactory rating may be grieved.

3.             In the case of an unsatisfactory rating, the person or persons making the rating must have observed the non-professional status teacher in classroom performance at least six (6) times during the preceding year. A single visit shall be of approximately thirty (30) minutes.

4.         The Superintendent of Schools, together with the School Administrators, shall prepare job descriptions for all positions, administrative and supervisory in nature, which affect teachers. The job descriptions shall have a clear definition of the responsibilities of each administrator or Supervisor as they affect the teachers. When teachers are responsible to more than one Supervisor they shall be advised by their Principal of the exact division of such responsibility. The job descriptions of these administrative and advisory positions as they relate to teachers shall be made available to teachers and other members of the staff.

K.            Information at the School Level

1.             All official circulars shall be posted on school bulletin boards for the inspection of teachers and shall be made available to teachers on request.

2.             A copy of current teaching programs, non-teaching assignments, administrative and preparation peri­ods shall be available at each school.

3.             Teachers' schedules shall be sent to the Union President and the individual teacher by August 15 of each school year.

L.            Teacher Files

The School Department shall make every reasonable effort to insure privacy of all teacher files which have been placed on computer disks or hard drives or LAN (Local Area Network).

The official teacher files in the school system shall be maintained under the following circumstances:

1.             The teacher shall be permitted to examine his file upon request. There shall be only one file on a teacher.

2.             The teacher shall be permitted to reproduce the material in his file.

3.             The teacher shall receive prior notification in writing before any addition can be made to his file.

4.             The teacher shall have the right to comment on any material filed, and his comment shall be attached to the file.

M.       Seniority

The School Department shall prepare a seniority list which indicates the date on which all members of the Bargaining Unit were hired, the areas of certification assigned and the certificates held. The Union shall be supplied with this list which shall be kept current.

Seniority shall be defined as the length of service in the Salem School Department. Except a teacher who is certified as an administrator, who accepts a temporary administrative position in a building other than his/her own for a period of not more than one (1) year and except for former Chapter I/Title I and present Chapter I/Title I Teachers, periods of service divided by a break due to resignation, termination or employment outside of the Bargaining Unit shall not be added together to determine seniority. As concerning Chapter I/Title I Teachers, in determining seniority, service in Chapter I, which is continuous to subsequent service in the Bargaining Unit, is to be added to present service in the Teachers Unit. However, such Chapter I/Title I service shall not be allowed to bridge previous teacher service which has been breached by Chapter I/Title I service.

Effective September 1, 1985 unpaid leaves of absence will not accrue toward seniority except as provided in Article V, C 2 and 3.

However, employees who left the Bargaining Unit before   September  1,  1978,  but  continued to  be employed by the Salem School Committee, may return to the unit with the seniority accrued prior to leaving the unit.

All Summer School teaching assignments will be rotat­ed annually according to seniority, certification and current assignment in the Salem School System.

N.            Termination of Employees

If it should become necessary to terminate employees covered by this contract in case of a decrease in pupil enrollment, the following criteria will be observed:

1.             All non-professional status employees shall be terminated before any professional status employee is terminated.

2.             In the event of a cutback in personnel within the school system, employees shall be laid off on a seniority basis. The seniority list as defined in Article VI, Section M, shall be examined to determine: (a) the least-senior employee currently assigned in the area of certification affected by the cutback; and then (b) the least-senior of the employees of lesser seniority than the employees identified in (a) above assigned in any area of certification held by the employee identified in (a) above, if any. This identification process shall be repeated in order to determine the least-senior employee to be laid off. The present practice of job selection, commonly known as the "pool", shall continue and the Union and Administration shall annually agree to the procedure. In association therewith, members of the Bargaining Unit shall, by January 1, present to the School Administration evidence of ability to be certi­fied in other areas of certification presently not held. The job selection or "pool" shall be held no later than one week prior to the closing of schools.

3.             Rehiring shall also be based on seniority; i.e., the person whose service was terminated last shall be the first re-employed. In the event of a layoff, a recall list will be established. Any teacher on said list who refus­es a full-year position shall be dropped from the list. Any individual shall not remain on the list for more than two (2) years. In the implementation of this provision, when a vacancy occurs that would result in an increase  of staff (replacement or addition),  the Committee could make voluntary transfers, but would agree that those transfers or reassignments would not result in a failure to recall the individual who would have been recalled to fill the original vacancy.

4.             Reassignment of individual teachers, in cases of decreased enrollment, shall be accomplished using the criteria as in termination.

O.        Cooperating Teachers

Acceptance of a teacher trainee shall be voluntary. Advance notice of the assignment of a trainee shall be provided.

P.        Discipline Code

The parties agree to the establishment of a joint commit­tee to prepare a discipline code for the Salem School System. The committee shall submit the text of such a code for consideration by the parties in September, 1970.

Q.      Safety and Health Standards

Where possible primary grades shall be located in classrooms on the first floor of school buildings.

R.      Hiring of Substitutes

1.             Substitutes shall be hired to cover classes of regularly-assigned teachers when they are absent.

2.             In situations where substitutes are not provided, teachers assigned to perform the duties of the absent teacher shall be compensated at the contract hourly rate as set forth in Article III, Paragraph D.

S.       Teacher Resignation or Retirement

Teachers intending to resign or retire shall notify the Superintendent, in writing, at least four (4) weeks prior to the date that said termination is to take effect. Resignations of teachers shall become effective thirty (30) days after the next regularly scheduled School Committee meeting following the above notification.

It is the consensus of the parties to this Agreement that teachers should not resign without due notice to the Administration to allow it a reasonable time prior to the summer months for the hiring of a replacement, and, whenever possible, the teacher's notification of termination in any one year should be filed before February 1st of the year in which the termination is to take effect.

T.        In-Service

A diversified program of in-service training shall be provided for all teachers.

U.    Grade Reporting

1.             Teachers shall not be required to submit quarterly grades sooner than three (3) full school days after the close of the marking period.

2.             Teachers shall not be required to submit five-week progress reports sooner than three (3) school days after the close of such marking periods.

V.      Grade Configuration

1. In the event that the current grade configuration of K-5, 6-8, 9-12 is changed, the parties will meet and negotiate the impact of such change.

W.       Professional Conduct

The parties agree to act at all times in such a manner as to assure proper dignity and respect to both teachers and Administrators.

X.        Tuition Reimbursement

All teachers are eligible for course reimbursement for courses taken at an accredited college or university at not more than the per credit tuition cost as established by Salem State College as of September 1 of the aca­demic year in which the course is taken and in accordance with the following:

a.             The maximum amount to be expended in any fiscal year shall not exceed thirty thousand dol­lars ($30,000.00). Effective September 1, 2001, said amount shall be thirty-five thousand dollars ($35,000). Effective September 1, 2002, said amount shall be forty thousand dollars ($40,000).

b.             Teachers will be paid in full for their first course, unless the total cost exceeds the maximum amount in which case, the teachers shall be reimbursed proportionately.

c.             If after the first courses are submitted and approved and the total expenditure for reimbursement does not exceed the maximum amount, second courses will be paid at a proportionate rate, such that the total expenditure for all course reimbursement does not exceed the maximum amount.

d.             The tuition reimbursement year shall be September 1 to August 31.

e.             Request for reimbursement shall be submitted to the Superintendent of Schools or to his/her designee for approval, prior to the taking of the course. Such request shall be submitted upon a form provided by the Superintendent of Schools.

f.             Teachers must receive a B, or better in order to qualify for reimbursement. Proof of the grade must be submitted prior to the award of reimbursement.

g.             Teachers will be reimbursed for their course by December 15 following the close of the tuition reimbursement year.

h.             Teachers are responsible for submitting all of the information on the tuition reimbursement form before the course is approved.

i.              All proof of grades and other associated requested information shall be submitted to the Superintendent or his/her designee prior to November 15 of each year in order to be eligible for reimbursement in December. Reimbursement shall be made only for a course taken the preceding tuition reim­bursement year.

Article VII

TRANSFERS; PROMOTIONS

A.            Application for Promotion

1.             When vacancies occur in positions other than that of classroom teacher, notice of such circumstance shall be circulated by the Superintendent to all Administrators and be posted on the appropriate school bulletin board by the Principals.

2.             Qualifications, requirements, duties, salary and other pertinent information shall be categorically set forth in the Superintendent's notice.

3.             All applications shall be considered.

4.             When other factors are the same among a number of candidates, seniority in the School Department may be considered.

5.             Such applications shall be in writing and shall set forth the position for which, and the basis on which, the applicant solicits consideration. Reasonable time should be allowed for such submission of bids. A min­imum of ten (10) school days following receipt of the notice from the Superintendent shall be given to file qualifications.

B.            Transfers

L.            Requests for transfers shall be submitted to the Superintendent on forms provided by his office.

2.         All transfer vacancies in the school system shall be posted in each school before an appointment is made to fill them.

The cut-off date for requests must be stated in the Superintendent's bulletin.

3.             Notice of a transfer shall be given to a teacher as soon as practical following the teacher's application for a transfer.

4.             Transfer requests shall be allowed during any month to take effect as of September, or before.

5.             No appointment may be made until pending transfer requests for existing openings have been considered.

6.             A list of transfer requests shall be maintained by the School Department showing the date of the origi­nal request. Such list shall be available for inspection by the Union.

7.             Transfer requests shall be considered before new applicants are considered upon notification of vacan­cies.

8.             If a vacancy occurs during the summer months, the Committee agrees to advertise the opening in the Salem Evening News for not less than (2) days, whenever reasonably possible.

9.             Teachers desiring a transfer, change in assignment, or employment in a summer program, evening school program, federal or state program, shall submit an executed Teacher Preference Form to the Superintendent stating the assignment preferred. The Teacher Preference Forms, Appendix C, will be distributed to all teachers at the start of the school year and should be submitted between October 1 and April 1 of each year. No preference will be afforded applications on the basis of dates filed, and in no event will the information contained in the forms be used detrimentally to the teacher's interests. An extra supply of the Teacher Preference Forms will be kept in the Superintendent's office. The Teacher Preference Forms must be renewed each year.

Preference shall be given to teachers certified in that area and who are currently assigned to that building.

10. A list of all staff members shall be given to the Union President by August 31 of each year.

C.        Involuntary Transfers

1.             All involuntary transfers of members of the Bargaining Unit shall be for cause.

2.             In the event of such a transfer, the principle of seniority, in combination with other criteria, shall be utilized.

D.        Job Selection Process

1.              In the event of a layoff in teaching personnel, the present practice of job selection, commonly known as "the pool", shall continue as specified in Article VI N. There shall be no voluntary entrance into the job pool.

2.              A joint Union/management committee will study this job selection process and make recommendations to the parties for their consideration to amend this contract.

Article VIII

GRIEVANCE PROCEDURE

Purpose:

It is the declared objective of the Parties to encourage the prompt and informal resolution of teacher com­plaints at the lowest organizational level. Teachers subject to this Agreement shall be excused from duty at a mutually agreed upon time, without loss of pay, in the processing of a grievance. Any teacher or the Union shall have the right to present a grievance and have it promptly considered on its merits.

A.            Definition

A "grievance" shall mean a complaint (1) that there has been, as to a teacher, a violation, misinterpretation or inequitable application of any of the provisions of this Agreement or (2) that a teacher has been treated unfair­ly or inequitably by reason of any act or condition which is contrary to established policy or practice governing or affecting employees, as related to this document, except that the term "grievance" shall not apply to any matter as to which the Committee is without authority to act. As used in this article, the term "person" or "teacher" shall mean also a group of teachers having the same grievance.

B.            Adjustment of Grievances

Grievances of employees within the Bargaining Unit shall be presented and adjusted in the following manner.

1.             Step One

A teacher or his Union Representative may, either orally or in writing, present a grievance to the Principal or Director within a reasonable time, normally within thirty (30) school days after knowledge by the teacher of the facts giving rise to the act or condition which is the basis of his complaint.

The teacher and the Principal or Director of the school shall confer on the grievance with a view to arriving at a mutually satisfactory resolution of the complaint. At the conference, the teacher may present the grievance personally or he may be represented by a Union Representative; but where the teacher is represented, he must be present. Whenever a grievance is presented to the Principal or Director by the teacher personally, the Principal or Director shall give the Union Representative the opportunity to be present and state the views of the Union.

Where there is no building representative, another qualified designee of the Union shall represent the Union.

The Principal or Director shall convey his decision in writing to the aggrieved teacher and the Union within five (5) school days after receiving the complaint.

2.             Step Two

If the grievance is not resolved at Step 1, the aggrieved teacher and/or the Union may appeal by for­warding the grievance in writing to the Superintendent within five (5) school days after he has received the Step 1 decision.

The appeal shall include:

a.     Name and position of grievant;

b.     A statement of the grievance and the facts involved;

c.     The corrective fiction requested;

d.     Name of Union Building Representative or Union's designee of Step 1;

e.     Signature(s) of grievant(s), Union Building Representative or Union designee.

The Superintendent shall hold a meeting with the aggrieved teacher(s) and the Union within five (5) days of receipt of the grievance, and shall notify the aggrieved teacher(s) and the Union at least two (2) school days prior to the meeting. The aggrieved teacher(s) shall be present, except that he/they need not attend where it is mutually agreed that no facts are in dispute and that the sole question before the Superintendent is one of interpretation of a provision of this Agreement or of what is established policy or practice.

The Principal may be present at this conference and state his views. The Superintendent shall communicate his decision in writing within five (5) school days of the meeting to the teacher(s) and the Union.

3.             Step Three

An appeal of the foregoing step may be made in writing by the teacher(s) or the Union to the Committee for review within twenty (20) school days after the deci­sion of the Superintendent has been received.

The Committee shall meet with the aggrieved teacher(s) and a Union Representative within ten (10) school days after receipt of the appeal. The Superintendent and the Principal may be present at the meeting and state their views.

The aggrieved teacher(s) and the Union shall receive at least two (2) school days' notice of the meeting and be given an opportunity to be heard. The Committee shall notify the aggrieved teacher(s) and the Union in writing of its decision within five (5) school days after the hearing.

4.             Step Four

It is the express intent of the parties hereto that the arbitration procedures defined below be limited to matters set forth in Article VIII—Grievance Procedure, Section A. Definition. No other subject, direct or collateral, shall be arbitrable except by a mutual written agreement signed by the Union and the Committee.

A grievance, which was not resolved at Step 3 under the grievance procedure, may be submitted by the Union to arbitration. The proceeding may be initiated by filing with the Committee and the American Arbitration Association a request for arbitration. The notice shall be filed not later than fifteen (15) school days after denial of the grievance at Step 3 under the Grievance Procedure. The voluntary labor arbitration rules of the American Arbitration Association shall apply to the proceeding.

The arbitrator shall issue his written decision not later than thirty (30) school days from the date of the close of the hearings. The decision of the arbitrator shall be accepted as final by the Parties to the dispute and both will abide by it.

The School Committee agrees that it will apply to all, substantially similar situations the deci­sion of the arbitrator sustaining a grievance, and the Union agrees that it will not represent any teacher in any grievance which is substantially similar to a grievance denied by the decision of the arbitrator. The arbi­trator's fee will be shared equally by the parties to the dispute.

C.            General Matters on Grievance

1.             Initiation of Grievances at Step 2.

Grievances arising from the action of officials other than the Principal may be initiated and processed in accordance with the provisions of Step 2 of this grievance procedure.

2.             Time Limits

a.     The time limits specified in any step of this procedure may be extended or reduced, in any specific instance, by mutual agreement.

b.     A grievance filed in an inappropriate step of the grievance procedure will be considered as properly filed, but the time limits for answering the grievance shall not begin until the grievance is referred to the appropriate step.

c.     A failure by a teacher(s) or the Union to process the grievance, from one step to the next step within the time limits provided for, will result in a disposition of this grievance unfavorable to the grievant(s), and conversely, a failure of a representative of the Committee, responsible to answer a grievance at any of the steps of the grievance procedure, to make such an answer within the time limits provided for will result in a disposition of the grievance favorable to the grievant(s).

d.       The filing or pendency of any grievance under the provisions of this Article shall in no way operate to impede, delay, or interfere with the right of the Committee to take the action complained of, sub­ject, however, to the final decision on the grievance.

D.            Official List of Union Representatives

The Union shall furnish the Committee with a list of its officers and authorized Union Representatives, and shall as soon as possible notify the Committee in writing of any changes. No Union Representative shall be recognized by the Committee except those designated in writing by the Union.

Article IX

UNION PRIVILEGES AND RESPONSIBILITIES

A.            Fair Practices

1.             As sole collective bargaining agent, the Union will continue its policy of accepting into voluntary membership all eligible persons in the unit without regard to race, color, creed, national origin, sex, or marital status. The Union will represent equally all persons without regard to membership, participation in, or activities in any employee organization.

2.             The Committee agrees to continue its policy of not discriminating against any person on the basis of race, creed, color, national origin, sex, marital status or participation in, or association with, the activities of any employee organization.

B.            Union Representation and Negotiations

1.         Monthly Meetings with the Superintendent for Continuing Consultation.

A committee of Union Representatives shall meet with the Superintendent of Schools and his advisors to discuss matters relating to the welfare of the school system. Both parties shall submit items for the agenda. There shall be a mutual effort to make these sessions meaningful and advantageous to the school system. Union Representatives shall be excused from teaching duty for this purpose when the meetings are held dur­ing school hours.

2.         School Committee Meetings: Advance Agenda—Minutes.

a.         A copy of the public agenda of all School Committee Meetings shall be made available to the official Union Representatives to the Committee meetings 24 hours prior to the meetings. These Union Representatives shall be advised as soon as possible of all special meetings of the School Committee.

b.       A copy of the minutes of all School Committee meetings and a copy of the Superintendent's Bulletins shall be made available to the official Union Representative.

C.            Union Activity at the School Level

1.             Upon request, the Principal shall meet at least monthly, after school hours, with Union Building Representatives to consult on school problems, policies and procedures as they relate to this Agreement.

2.             Bulletin Boards—Mailboxes

a.     At least one bulletin board shall be reserved at an accessible place in each school for the use of the Union for purposes of posting material dealing with proper and legitimate business of the Union. Notices must be signed by the Building Representative(s) of his/her authorized representative(s).

b.     The Union shall have the right to place its material in the mailboxes of all teachers.

3.             Union Meetings at Individual Schools Official representatives of the Union shall have the right to schedule Union meetings of the teacher members in the school before or after regular school hours.

4.             No Union Activity on School Time

Except as otherwise provided, the Union agrees that no teacher(s) will engage in Union activity during the time he is assigned to teaching or other duties.

5.         School Visitation by Authorized Union Representative(s)

Upon written request by the Union President, the Superintendent may authorize one or more official rep­resentatives to visit schools during school hours to confer on working conditions, grievances or other mat­ters relating to the terms and conditions of this Agreement.

6.         Bulletins shall be made available to the official Union Representatives and to all building representatives.

D.        Information to the Union

Information required by the Union to perform its duties under this contract shall be made available by the Committee. Included will be lists of personnel in Unit A, all vacancies, salary data, enrollment figures, policy statements, and any other information which the parties agree is essential to the proper enforcement of this Agreement.

E.        Agreement Copies Available

1.             The Committee and the Union will share equally the cost of printing this Agreement in booklet form.

2.             The Union will distribute copies of this Agreement and will have copies available by request to an employee within the Unit.

F.        Protection of Individual and Group Rights

1.             Nothing contained herein shall be construed to permit an organization other than the Union to appear in an official capacity in the processing of a grievance.

2.             Nothing contained herein shall be construed to prevent any person from informally discussing any dis­pute with his immediate superior or processing a grievance on his own behalf in accordance with the Grievance Procedure, heretofore set forth in Article VI.

G.        Teacher Recruitment

Reasonable effort shall be made to plan for teacher recruitment in connection with university and college visitations, brochures and campus discussions.

The Union agrees to meet with the Committee to set guidelines for a superior recruitment program.

H.            Authorized Dues Deductions

Payroll dues deductions shall be made according to the following procedure:

To:          Salem School Committee

I hereby authorize and direct the Salem City Treasurer to deduct from the portion of my salary due me the amount, and at the times as certified by the Salem Teachers Union, as the current rate of dues.

I further authorize and direct you to transfer and pay the sum so deducted to the Treasurer of the Salem Teachers Union, Local #1258.

In consideration of the above-described service ren­dered by the Salem School Committee, the under­signed hereby releases and discharges the Salem School Committee of, and from, any and all liability whatsoever arising as a result of the authorization here­in given.

This authorization is revocable by me upon thirty (30) days written notice to the Salem Teachers Union and the Salem School Committee or upon termination of my employment. It is understood that this service shall be limited to the Salem Teachers Union, Local 1258, as my exclusive bargaining agent.

It is agreed that no partial deductions will be made, and that this authorization shall terminate with the Collective Bargaining Agreement.

________________________________________________

Employee Signature

Effective Date:._________________________________________________________________________

Social Security Number:__________________________________________________________________

Position:.______________________________________________________________________________

______________________________________________________________________________________

Last Name                            First                                        Middle                                   (Print)

Address: ______________________________________________________________________________

Zip Code

I.             Agency Service Fee

As a condition of employment, members of the Bargaining Unit who are not members of the Salem Teachers Union, Local 1258, MFT, AFT, AFL-CIO, shall pay to the Salem Teachers Union an agency service fee. Such fee shall be a percentage of Union dues and will represent that portion of Union dues which is commensurate with the cost of collective bargaining and contract Administration. This provision is subject to the rules and regulations of the Massachusetts Labor Relations Commission and applicable law.

J.             Leave for President of the Union

Upon request of the President of the Union, the District will grant the President unpaid leave for up to fifty percent of the workday. The President, if desirous of such leave, shall request leave prior to each school year and upon approval, said leave shall remain in effect for that entire school year. Upon the expiration of the tenure of the Union President holding office as of the date of the execution of the 1997-2000 Agreement, this provision shall expire and the Committee and the Union shall meet to negotiate a substitute provision.

K.            Union Telephone

The Salem Teachers Union may, at its expense, install and maintain a telephone for the use of the Union President.

L.            Right of Representation

In the event a teacher is called into a meeting with any management representative and the teacher reasonably believes that any disciplinary action may result, it is the teacher's right to have a Union Representative present in the meeting. If this right is refused, the teacher is under no obligation to respond to manage­ment's questions.

Article X

HANDLING OF NEW ISSUES

Matters of collective bargaining import, not covered by this Agreement, may, during the life of the Agreement, be handled in the following manner:

By the Committee:

Except as any change may be commanded by law, the Committee will continue its policies as outlined here­in. With respect to matters not covered by this Agreement which are proper subjects for collective bargaining, the Committee agrees it will make no changes without proper consultation and negotiation with the Union.

By the Union:

In any matter not covered by this Agreement which is a proper subject for collective bargaining, the Union may raise such issues with the Committee for consultation and negotiation, except that the Union shall not renew or seek any questions introduced, debated and settled, either negatively or affirmatively, during the bargaining prior to final settlement. This restriction shall not apply to the areas outlined in the Preamble as Subjects for Continuing Consultation.

Being a mutual agreement, this instrument may be amended at any time by mutual consent.

No addition or amendment to, no agreement, understanding, alteration, or variation of the agreement, terms or provisions contained herein shall bind the Union or the Committee unless made and executed by mutual agreement and in writing by the Union and the Committee.

Article XI

SAVING CLAUSE

In the event that any provision of this Agreement is, or shall at any time be, contrary to law, all other provi­sions of this Agreement shall continue in effect.

Article XII

RESOLUTION OF DIFFERENCES BY PEACEFUL MEANS

The Union and the Committee agree that differences between the parties shall be settled by peaceful means as provided within this Agreement. The Union, in consideration of the value of this Agreement and its terms and conditions and the Legislation which engendered it, will not engage in, instigate, or condone any strike, work stoppage or any concerted refusal to perform normal work duties on the part of any employee covered by this Agreement.

ARTICLE XIII

MANDATED CHANGE IN LENGTH OF SCHOOL YEAR OR SCHOOL DAY

The parties agree that in the event of a mandated change in the length of the school year or school day, they shall negotiate the impact of said change on mandatory subjects of bargaining.

ARTICLE XIV

NO REPRISALS

The parties agree that neither party shall take any reprisal against the other party or any students, parents, and citizens of the City of Salem as a result of the labor dispute from October 31, 1994 to November 14, 1994. The parties agree that in no event shall any member of the Bargaining Unit in his or her Bargaining Unit capacity, who may have been involved in the labor dispute on October 31, 1994 to November 14, 1994, be disciplined, discharged, demoted, involuntarily transferred, reduced in rank or compensation, or have any material placed in his or her personnel file, or in any way be affected adversely because of such involve­ment.

ARTICLE XV

DURATION

(2010-2011)

This Agreement and each of its provisions shall be in effect as of September 1, 2010, except as otherwise provided, and shall continue in full force and effect until August 31, 2011. Negotiations for a subsequent Agreement will commence no later than December 1, 2010 for budgetary items and on all other items upon the request of either party filed two (2) weeks before this date.

This Agreement entered into this twenty-sixth day of July, 2010.

For the Committee:

Mayor Kimberly Driscoll.

Nate Bryant

Kevin Carr

Janet Crane

James M. Fleming

Kerry Martin

Brendan R. Walsh

For the Union

Joyce Harrington, President

Ann Berman

Kathryn DiPietro

Gail Doherty

Donna Hale

Paul Rodolico

SIDE LETTER

ON INCLUSION

A joint Labor-Management Committee will be formed consisting of three members selected by the Union and three members selected by the School Committee.

Items to be considered shall include, but not be limited, to the following:

1.     Providing training for all teachers in the inclusion model.

2.     Assessing current implementation of inclusion in all buildings at all levels.

3.     Assessing professional responsibility of all building staff regarding each included child.

4.     Assessing personnel available in each classroom.

5.     Assessing the teacher-time ratio in each class with an included child.

6.     Assessing the medical needs of each included child.

7.     Designing implementation models that pro­vide maximum educational benefit to all students in the included classroom. In some situ­ations, that may mean redesigning current implementation models. In some situations the models may be implemented in the future as the student moves from grade to grade.

All collective bargaining issues revert back to the par­ties to be negotiated.

SIDE LETTER

COSTS

The Salem Teachers Union shall reimburse the City of Salem for all reasonable costs associated with the labor dispute from October 31, 1994 to November 14, 1994. The city shall present the union with an itemized list of all costs and the union shall have the right to dispute any item. Any such dispute will not be subject to arbitration.

The union shall reimburse the city in three installments, one to be paid by January 31, 1995, one to be paid by April 15, 1995, and the final payment to be paid June 1, 1995.

In the event that the Union fails to make a scheduled payment, it will assess its members an amount neces­sary to make such payments fifteen (15) days after its original due date.

In the event that the court determines that the fines it has imposed will be directed to reimbursing the costs of the labor dispute to the city/School Committee, this provision shall not become effective.

APPENDIX A

8/31/10              1%

2010-2011

LONGEVITY SCHEDULE

Longevity shall be paid in a lump sum in December (i.e., December 1 or on day of first paycheck in December in a separate check). If one check is issued including both payroll and longevity, it shall be taxed as two separate checks.

YEARS OF SERVICE                        PAYMENT

30                                                           $1000

25                                                           800

20                                                           600

15                                                           400

10                                                           200

5                                                              100

District Position

Bates Elementary School

Bentley Elementary School

Bentley Early Childhood Center

Carlton Elementary School

Nathaniel Bowditch - K-8 School

Horace Mann Lab School

Saltonstall Elementary School

Witchcraft Elementary School

Collins Middle School

Salem High School

APPENDIX C

SALEM PUBLIC SCHOOLS

Staff Preference Form

This staff preference form is being circulated in accordance with Article VII, Section B (9) of the Collective Bargaining Agreement.

Name:_______________________________________ Date:_____________________________________

1. I wish to be considered for the following full-time professional opportunities if appropriate vacancies develop:

a._____________________________________________________________________________________

b. ____________________________________________________________________________________

c. ____________________________________________________________________________________

2.         I wish to be considered for the following part-time summer work or extracurricular assignments if appropriate vacancies develop:

a. ____________________________________________________________________________________

b.____________________________________________________________________________________

c._____________________________________________________________________________________

3.         I would like to serve on the following kinds of curriculum development or other special committees:

a._____________________________________________________________________________________

b.____________________________________________________________________________________

c._____________________________________________________________________________________

APPENDIX D

Your Medical Benefits

* For monitoring and medication management services

 ** This Includes dispensing fees and acquisition costs. You pay nothing for the first $500 of allowed charges; than 20% co-insurance up to the benefit maximum. No benefits are provided far the replacement of lost or broken hearing aids, replacement parts, or hearing aid repair;,

*** No visit limit applies when short-term rehabilitation therapy is furnished as part of covered home health care.

Healthy Blue Programs

At Blue Cross Blue Shield of Massachusetts we offer you a group of programs, discounts and savings, resources, and tools to help you get the most yon can from your health care plan. Call us at 1-800-782-3675 to receive information that outlines these special programs.

Your Medical Benefits (continued)

SIDE AGREEMENTS

As a matter of Side Agreement and not as a matter of the Collective Bargaining Agreement, the parties have agreed to:

1.       Re-open the side letter on Inclusion, and to reacti­vate a joint committee relative thereto.

2.       Jointly review the beginning and ending times of the schools.

3.       Jointly review the extracurricular stipends in other districts and to report back to the full bargaining teams of the respective sides.

4.       Beginning and Ending Times of the High School

The objective of this joint committee will be to look at the benefits of beginning Salem High School at a later time. This will be a joint effort by members selected by the Union, Central Office, Administrative Personnel and the School Committee. The expectation will be that the new document will be returned to the parties by March 1, 2004 for ratification by April 1, 2004 to be ready for implementation by September, 2004.

5.       As part of the overall negotiated settlement of the High School Schedule being reconfigured to what is known as a "Block Schedule", but not as part of the Collective Bargaining Agreement, the committee and the Union agree as follows:

A.    If, as a result of negotiations, a significant change to the internal schedule at Salem High School is agreed to, the parties will take into consideration such changes to the teaching methodologies which are necessary to implement the schedule. In addition, both parties acknowledge that a teacher, who has experienced suc­cess in teaching in the former schedule, may experi­ence initial difficulty in transitioning to a new sched­ule. During such time, administration will take into account the transition during the evaluating process. While it is acknowledged that administrators retain the right to identify teachers in need of improvement, and prescribe strategies for growth and success, the admin­istration shall exhibit patience and restraint with regard to formal evaluations in order to allow teachers the necessary time to become comfortable in their newly changed working environment

B. Staff may continue to look at ways to improve/adjust the daily schedule. Any proposed change must be supported by a favorable vote of two-thirds (2/3) of the entire high school teachers body. These changes will be brought to the School Committee and Union for Negotiations

6.     The grade reconfiguration of the Saltonstall School and the Bowditch School shall be governed by Article VI, Section V of the collective Bargaining Agreement.

7.  The Collins Middle School schedule and the issue of "Common Planning" time at the Middle and Elementary schools shall be referred to a joint committee of teachers and administrator for review and rec­ommendations to be submitted to the Union and the District

8.  All retroactive pay increases due under 2006-2007 and the 2007-2010 Collective Bargaining Agreements shall not be payable until after July 1, 2008, but not later than July 31, 2008. Increases in base rates will be payable prospectively.

9.  If any municipal or school bargaining unit receives during the FY2008-FY2010 contract period a salary or health insurance increase in excess of the salary and health insurance benefit provided in this Agreement, then this Memorandum of Agreement (and the result­ing collective agreement) can be subject to re-opener negotiations at the request of the Union. In order to facilitate application of this provision, the City will provide the Union with contracts and related docu­ments sufficient in information to allow the Union the opportunity to determine whether the conditions for implementing this re-opener procedure have occurred. The intention of this re-opening provision is to achieve inter-unit equity as to such subject matter.

SIDE LETTER

(Professional Improvement/Parent Conferences)

September 11,1978

It is agreed and understood between the Salem School Committee and the Salem Teachers Union, Local 1258 AFL-CIO, American Federation of Teachers, that classes may be dismissed up to the equivalent of three (3) full school days per year in order to provide mean­ingful professional improvement for teachers or time for parent conferences.

LETTER OF UNDERSTANDING

Draft Reorganization Plan

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AFT, AFL-CIO

"TEACHERS"

With regard to any Draft Reorganization Plan:

Any committees are hereby dissolved and partic­ipants are thanked for their service.

The Transition Program and the Dropout Prevention Program will proceed.

The School Committee and the Union agree to embark on a joint venture with the stated objective to dramatically and effectively reorganize the Salem Public Schools. This venture includes, but is not limited to, academic, governance, and structural reform.

All aspects of the school system are subject to change during this bilateral undertaking.

LETTER OF UNDERSTANDING

JOB POOL

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AFT, AFL-CIO

"TEACHERS"

The parties understand that the employer may chal­lenge the legality of the job pool. If the pool is found to be illegal, the parties agree to meet to negotiate suc­cessor language.

LETTER OF UNDERSTANDING

Health Insurance

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AFT, AFL-CIO

"TEACHERS"

WHEREAS, the Salem School Committee, here­inafter the "Committee" and the Salem Teachers Union, Local 1258, AFT, AFL-CIO, have entered into a Collective Bargaining Agreement for the Bargaining Unit commonly known as the TEACHERS Unit and

WHEREAS, Article IV, Section A sets forth:

"That the City of Salem shall provide at least 65% of the cost of the indemnity plan adopted by the City under Chapter 32B of the Massachusetts General Laws".

WHEREAS, the Committee and the Union wish to eliminate any misunderstanding as to the health insur­ance being offered by the employer and the rates of contribution being made thereto, it is

Therefore understood by the parties as follows:

1.       At the time of the execution of the 1991 -1994 Agreement, the employer is offering Tufts Preferred Provider Insurance Plan (PPO) to which it contributes and during the term of the 1991-1994 contract shall continue to contribute sixty-five percent (65%) of the premium cost, with the employee contributing thirty-five percent (35%) thereto.

2.       At the time of the execution of the 1991 -1994 Agreement, the employer is offering Tufts Exclusive Provider Option Insurance Plan (EPO/HMO) to which it is contributing ninety percent (90%) of the premium cost, with the employee contributing ten percent (10%) thereto. Effective with the first health insurance payroll deduction to be made in December 1993, for the coverage period commencing January 1994, the employer shall contribute eighty percent (80%) to the cost of the EPO/HMO, with the employee contributing twenty percent (20%) thereto.

3.    As concerning the employee payroll contribu­tion to either health insurance plan, the employer, to the extent permitted by law, shall institute a pre-tax cafeteria plan in accordance with Section 125 of the Internal Revenue Code in order that the contribution to the health insurance premium cost by the employee will receive pre-tax treatment in accordance therewith.

Signed this fourth day of October, 1993.

For the Committee:                                             For the Union:

Andrew Lippman                                                Wayne Turner

Lonnie Brennan                                                   Marie Barry

Thomas H. Furey                                                Patricia Massey

Deborah Jackson                                                 Joyce McCarthy

Suzanne Krol                                                       Enid Mirkin

Carl E. Petersen                                                    Ralph Natola

Mayor Neil Harrington                                       Thomas Sadoski

AMENDMENT TO THE AGREEMENTS

BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AMERICAN FEDERATION OF TEACHERS

MFT, AFT, AFL-CIO

"TEACHERS"

"CHAPTER I"

"PARAPROFESSIONAL UNIT"

(Saltonstall School)

WHEREAS, the Salem School Committee, here­inafter referred to as the "Committee" and the Salem Teachers Union hereinafter referred to as the "Union" have entered into Collective Bargaining Agreements for the period September 1, 1994, to and through August 31, 1997, for the Bargaining Units commonly known as the "Teachers Unit," "Chapter I Unit," and "Paraprofessional Unit" and

WHEREAS, as part of the settlement Agreements resulting in the September 1, 1994 through August 31, 1997 Agreements, the Committee and the Union agreed to commence negotiations as to the mandatory subjects of bargaining, including transfers as concern­ing the "Saltonstall School" and

WHEREAS, the Committee and the Union have commenced such negotiations and

WHEREAS, as a result thereof, an interim Agreement concerning a number of issues, but not all issues, have been reached and

WHEREAS, Massachusetts General Laws Chapter 150E, Section 7 requires that such Agreements be reduced to writing, it is

Therefore agreed as follows:

1.         Applications for teaching positions, including Chapter I, shall be accepted until May 1, 1995.

2.         Successful  applicants  for positions  shall have the opportunity to withdraw their candidacy and/or to withdraw their acceptance of a position until June 9, 1995.

3.         Two screening committees shall be established to consider the applications for positions and to make recommendations of successful applicants to the Principal. Each committee shall consist of:

a.         One Salem State College participant;

b.         An equal number of parents and Union Representatives, not to exceed four from either group;

c.         The elementary curriculum coordinator;

d.         In addition, the Principal, at her option, may actively participate in the screening-commit­ tee interview process.

The provisions of this paragraph shall be effective only as to the initial staffing of the Saltonstall School and shall expire on August 31, 1995.

4.             The Principal shall observe each applicant for a teaching position, providing the applicant is a cur­rent teacher of the Salem Schools. Such observation shall be one in number, and shall be scheduled by mutual agreement between the Principal and the appli­cant. Said observation/evaluation shall not be utilized for any other purpose.

5.             Upon occupancy of the physical structure, the workday shall be one hour longer in length than the other elementary schools' workday.

6.             Effective September 1995, the work year shall consist of two hundred (200) days and shall be as set forth on page 11 of the document entitled "Philosophies and Programs Present in the New School at the Saltonstall dated 5/9/95," a copy of said page being attached hereto.

7.             Effective with the occupancy of the physical structure, in addition to the "Preparation" time provid­ed Elementary teachers under Article VI, Section E (at least 125 minutes per week), teachers shall receive 120 minutes per week "common planning time" for staff interaction.    Such time shall be scheduled by the Administration.

8.     Specialty teachers may volunteer to work during the intersession periods of the school-year schedule. Such specialty teachers, who do so work, may elect between being compensated at the "Hourly Rate of Pay" as set forth in Article III, Section D, of the Collective Bargaining Agreement or by receiving com­pensatory time off to be granted on the day that "com­mon planning time" of regular classroom teachers is scheduled.

9.           Regular classroom teachers who volunteer to work and do work during the inter-session periods shall be compensated at the "Hourly Rate of Pay" as set forth in Article III, Section D, of the Collective Bargaining Agreement.

10.          Negotiations as to mandatory subjects of bargaining not covered by this Agreement shall continue following the execution of this Agreement.

11.    Teachers, including Chapter I, who are assigned to the Saltonstall School shall receive additional compensation, which shall be considered "regular" compensation, as fol­lows:

a.      for School Year 1995-1996, a differential at the rate of fourteen per cent (14%) above the rate the teacher is entitled to pursuant to the salary schedule. In the event the physical structure is not occupied on January 8, 1996, the Committee and the Union shall meet to readjust the differential to reflect the date occupancy occurs.

b.      for the school year 1996-1997, and thereafter, the rate of differential shall be sixteen per cent (16%).

This Agreement entered into this fifth day of June 1995.

For the Committee:

Andrew Lippman

Thomas Miaskiewicz

Thomas H. Furey

Deborah Jackson

Suzanne Krol

Carl E. Petersen

Mayor Neil Harrington

For the Union

Wayne Turner                                                      Patricia Desjardins

Dorothy Davidowicz                                           Suzanne Melin

Joyce McCarthy                                                  Joan Raney

David McGrath                                                    Irene Shaffaval

Enid Mirkin                                                           Electa Rich

William Raymond                                               Joan Bush

Maria Soper                                                          Joyce Harrington

William Triant                                                      Marilyn Rose

Linda Viel

Philosophies and Programs Present in the New

School at the Saltonstall - May 9,1995

The above is just an example. We are limited only by funds and imagination in developing our study of Salem, its history, importance, and its position as "home" to our students and their families.

Believing that teachers are life-long learners, we envision opportunities for staff training and develop­ment.

Year-Long Calendar

In addition to improving the amount and quality of time teachers spend with students, the calendar is designed to afford opportunities for planning and in-service training during the year.

Proposed Calendar

working/learning days   190 days*

teachers work 200 days

*Some students may attend as many as 215 days.

Snow days shall be made up after the end of the regular July term.

The objectives of the calendar as it stands are to maximize learning time and minimize review time while allowing for better staff in-service opportunities (National Commission on Time and Learning, 1994). During each of the one-week vacation sessions for stu­dents, the first week would be used for intensive instruction for students in grades two through five who require the extra help. It is likely that very few teach­ers would be needed for these "intersessions". Teachers would teach during these sessions on a vol­untary, rotating basis. All staff, including special area teachers, would be invited to teach during these times; none would be required to do so. They would be paid for the additional time they would be teaching.

This calendar would also provide excellent condi­tions for in-service training. Five days at a time for training and collegial planning can be very conducive to greater accomplishment, including team building. There are parallels to this program in the business world, such as retreats and other intensive training ses­sions. A traditional school calendar does not allow this kind of opportunity. Those one-week sessions can also be used for group and/or individual planning. The spe­cific times at which these 10 days will be scheduled will be determined by the staff.

SIDE LETTER

Interim Committee and Chapter I/Title I Teachers

A.    The Committee and the Union agree that the "interim committee" relating to extracurricular payment and referred to in Article III, Section N, shall be reactivated following the execution of this Agreement.

B.            Pursuant to the agreed-to amendment of Article I, Section A, the Chapter I/Title I Teachers are accreted to the Teachers Unit. As such, said teachers shall receive all of the benefits of the Teachers Agreement effective immediately, excepting salary. As concerning salary, said teachers shall receive a three percent (3%) increase in salary and shall continue to advance upon the Chapter I Salary Schedule. As of September 1, 1998, said teachers shall be placed upon the teacher salary schedule within the appropriate Educational Lane, i.e., Bachelor Column, Masters Column, Master +15 Column, etc., but at the Step Level, without regard to years of experience, which would provide an increase in salary over that salary the teacher would have received had the teacher remained upon the Chapter I schedule, as adjusted by the general wage increase. As a result of such placement, the teacher and the Union waive any and all claims to pre­vious years of experience for salary placement purpos­es and as a result thereof will progress upon the step levels on an annual basis.