Shirley

Show detailed information about district and contract

DistrictShirley
Shared Contract District
Org Code2700000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentMOA
Expiring Year2010
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersNashoba Valley RVTSD
CountyMiddlesex
ESE RegionCentral
Urban
Kind of Communityrural economic centers
Number of Schools2
Enrollment533
Percent Low Income Students26
Grade StartPK or K
Grade End8
download pdf version of this document view accessible version of this document Shirley

 

 

 

Agreement

Between the

Shirley School Committee

And the

Shirley Teachers Organization

 

August 31, 2009 – August 13, 2010

 

 

 

 

 

 

 

 

 

PREAMBLE

 

                   In entering this field of collective bargaining, it has been the intention of the parties by the consummation of this Agreement to continue their harmonious relations, to promote mutual cooperation and understanding, to formulate rules, to define and resolve the proper interest of the teachers in their rights of compensation and conditions under which they perform their duties, all with a goal to improving educational opportunities for the students enrolled in the Shirley Public Schools.

       

The parties acknowledge that the School Committee and the Superintendent have the final responsibility and authority except as modified by the Agreement over the policies and administration of the schools which is exercised under the law and that this vehicle of collective bargaining will continue to provide the teachers with an opportunity to bring their knowledge and experience to bear on matters of professional concern together with that of the School District (District) and the Superintendent with a goal of assisting in solving the growing problems inherent in the advancement of education. 

 

ARTICLE 1 - AGREEMENT        

 

                Section 1. This Agreement becomes effective the first day of the 2009-2010 school year, and is made and entered into by and between the School Committee of the Town of Shirley, Massachusetts (hereinafter referred to as the “Committee”) and the Shirley Teachers Organization (hereinafter referred to as the “Organization”)  pursuant and subject to the provisions of c.150E of the Massachusetts General Law.

 

                Section 2. This Agreement is a complete agreement between the parties covering all mandatory subjects of discussion. The parties agree that the relations between them shall be governed by the terms of the Agreement. No prior agreement or understanding, oral or written, shall be controlling or in any way affect the relations between the parties. All matters not dealt with herein shall be treated as having been brought up and disposed of and the District shall be under no obligation to discuss with the Organization any modifications or additions to this Agreement which are to be effective during the term thereof, unless mutually agreed upon.

 

ARTICLE 11 – RECOGNITION

 

                Section 1. Subject to any applicable provisions of  State and Federal law or regulation now or hereafter in effect, and in recognition of the fact that a majority of the employees in the unit described below have designated the Shirley Teachers Organization as their bargaining representative on all matters cognizable as mandatory subjects for discussion under the provisions of c.150E of the Massachusetts General Laws, the Committee recognizes the Organization as the exclusive bargaining representation of employees in the following unit:

 

                All duly appointed full-time and part-time teachers, guidance counselors, and coaches, but excluding Principal, Assistant Principal, Chapter 766 Coordinator/Psychologist, Superintendent of Schools, Assistant Superintendent, per diem substitute teachers and all other employees of the Shirley School System.

 

                Section 2. This Agreement applies only to the unit described above and, unless otherwise indicated, the employees in this unit will be hereinafter referred to as the “teachers” and references to male teachers will include female teachers.

 

                Section 3. The Committee agrees not to negotiate with any teachers organization, teacher or group of teachers, other than that designated as the exclusive bargaining agent pursuant to c.150E of the Massachusetts General Law with regard to wages, hours and conditions of employment covered by this Agreement.

 

 

                Section 4. The Committee and Organization agree that no religious or political activities (or lack thereof) by a teacher outside of school property will be grounds for any discipline or discrimination with respect to the professional employment of such teacher, provided such activities do not interfere with, or adversely affect, the teacher’s professional performance.

 

                Section 5. In the event any changes are mutually agreed between the School Committee and the Organization, on a voluntary basis, they will be reduced to writing signed by the School Committee and Organization and become an addendum to this Agreement.

 

                In the event the School Committee determines to change any policy currently set forth in its regulations or the teachers’ manual, the Organization will be advised of the reasons therefore and provided an opportunity to discuss the matter with the School Committee if it so desires, but the final decision on all  matters must rest with the School Committee.

 

 

ARTICLE III – ORGANIZATION RIGHTS AND PRIVILEGES

 

                The School Committee agrees that in the interest of providing the professional staff of Shirley with the finest professional atmosphere, the following rights and privileges will be extended to the Organization.

 

1.       One afternoon each month will be set aside for Organization meetings. Teachers will leave their respective schools upon completion of their duties to attend designated meetings.

2.       No teachers will be prevented from wearing pins or other identification of membership in teacher organizations.

 

ARTICLE IV – RIGHTS OF COMMITTEE

 

                The Committee is a public body established under, and with the power provided by the Statutes of the Commonwealth of Massachusetts. As the elected representatives of the citizens of Shirley charged with the responsibility for the quality of education in, and the efficient and economical operation of, the Shirley School District, it is acknowledged that the Committee has the final responsibility of establishing the education policies of the Shirley School District.

 

                Nothing in this Agreement shall be deemed to derogate or impair the powers and responsibilities of the District under the Statutes of the Commonwealth or the rules and regulations of any agencies of the Commonwealth. Except as directly modified by a specific provision of this Agreement, the District and the Superintendent retain the powers and responsibilities to direct the education in the Shirley School System, to appoint and promote teachers; to suspend and discipline teachers; to lay off teachers; to assign and evaluate teachers; to determine curriculum; to schedule school days, classes and courses; and to determine personnel levels and class size; to sub-contract out work in areas where it is presently being done, such as special education and psychological services, and where not being done only in the areas of computer instruction and speech, provided however, no teacher shall be laid off or reduced as a direct result of such sub-contracting; to transfer teachers; to determine the level of student competency; to enforce working hours; to make, amend, and enforce rules and regulations; to change or eliminate existing equipment, facilities, programs, schools, and courses of study; to conduct in-service improvement programs subject to requirements of Article VIII; to schedule and grant leaves.

 

                As to every matter not expressly covered by this Agreement and except as directly modified by a specific provision of this Agreement, the District retains exclusively to itself all rights and powers and responsibilities that it has or may hereafter be granted by law, and may exercise the same at its discretion without such exercise being made the subject of a grievance-arbitration proceeding.                                           

 

 

 

 

 

 

ARTICLE V - GRIEVANCES

    

                Section 1. For the purposes of this Agreement a grievance shall be defined as:

 

                Any complaint by a teacher or the Organization in the unit covered by this Agreement, that (1) he or it has been subject to an alleged violation or misinterpretation of a specific provision of this Agreement or (2) he has been subjected to an unfair or discriminatory act contrary to established policy and practice.

 

                Section 2. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may, from time to time, arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of this procedure.

 

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

 

                Section 4. Every teacher shall have the right to bring matters of personal concern, or grievances as herein defined later, to the attention of appropriate officials.

 

                Nothing contained in this agreement shall be construed to prevent any teacher or group of teachers, not acting on behalf of any employee organization or representing anyone but themselves, from at any time discussing any problems with any of their supervisors, the Superintendent, or other representatives of the Superintendent, with the previous consent of the Organization. In doing so, the teacher shall proceed through the appropriate levels of jurisdiction. No action taken by said supervisors, Superintendent, or his representatives as a result of such discussion shall be the subject of a grievance or otherwise legally contested by said Organization unless such action is in specific and direct contravention of a specific provision of the Agreement. The Organization will be notified and have a right to attend any such session above the level of Principal.

 

                Any teacher covered by this Agreement may present individually his grievance without representation by the Organization; provided, however, that with respect to any grievance about Level I, the Organization shall be given timely notice of the grievance’s presentation at such steps and shall have opportunity to be heard on the grievance before its disposition if the Organization shall, within five (5) days next following receipt of such notice, advise the Superintendent of its desire to be so heard.

 

                Section 5. Any party in interest (i.e., the person or persons, including the Organization, making the claim and any person who might be required to take action or against whom action might be taken to resolve this claim) may be represented at all stages of the grievance procedure by a person of his own choosing, except that he may not be represented by a representative or an officer of any teacher organization other than the Organization or its affiliates. When a teacher is not represented by the Organization, the Organization shall have the right to be present and to state its views at all stages of the grievance procedure, except at Step Level 1.

 

                Section 6. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may be extended only by prior mutual agreement. It is understood and agreed that no grievance, dispute, misunderstanding or difference between the parties arising out of acts which occurred prior to the execution of this Agreement, shall be submitted to the District under the provisions of this Article.

 

                Section 7. If at the end of fifteen (15) school days following the occurrence of any grievance, the grievance shall not have been presented at Level One set forth below, the grievance shall be deemed to have been waived; and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified thereof in this Article.

 

                Section 8. The Organization, through its officers, may initiate action on behalf of a group of grievants.

 

                Section 9. No reprisals of any kind will be taken by the Superintendent or by any member of the administration against any party of interest, any school representative, or any other participant in a grievance by reason of such participation.

 

                Section 10. Subject to the foregoing, all grievances must be processed in accordance with the steps, time limits, and conditions set forth below:

 

                Level 1.                  Unless mutually agreed upon, the teacher shall present the grievance during his  

                                                non-teaching hours to his School Principal or Vice-Principal, if so designated                                                        by the Principal for this purpose, who shall give his answer within (5) school

                                                days. If the grievance is not satisfactorily settled at this step, it may

 

                Level 2.                  Be reduced to writing by the teacher within five (5) school days after receipt of                                                   the Principal’s or Vice-Principal’s answer and be presented to the

                                                Superintendent of Schools. The Superintendent and/or his designee and

                                                the teacher, and if the teacher so elects, the President of the Organization or his

                                                designee, shall meet to discuss the grievance within five (5) school days after

                                                receipt of the written grievance. The Superintendent shall elect whether this

                                                discussion shall take place during working hours or not. In the event the

                                                Superintendent elects to hold a grievance session during working hours, the

                                                grievant, or parties of interest (including witnesses or representatives) will not

                                                have any pay deducted from time spent during school hours. The

                                                Superintendent or his designated representative shall give his written answer to

                                                the grievance within five (5) school days following the conclusion of the

                                                meeting. If the grievance is not satisfactorily settled at this step, it may

 

                Level 3.                  Be appealed to arbitration by written notice of such intention to appeal within

                                                fifteen (15) school days after receipt of the written answer under Level 2. No

                                                matter will be referred to arbitration without the approval of the Organization.

                                                This appeal to arbitration shall be in accordance with the procedure and

                                                conditions set forth in Article IV.

 

ARTICLE VI – ARBITRATION

 

                Section 1. In the event either elects to submit a grievance to arbitration, the arbitrator shall be selected according to and governed by the following procedure:  The arbitrator is to be mutually selected by the Superintendent and the Organization. If the Superintendent and the Organization cannot agree, within seven (7) school days after written notice specified above the intention to arbitrate, the party demanding arbitration shall within three (3) schools days thereafter, request the American Arbitration Association to provide a panel of arbitrators. Said arbitrator is then selected under the provisions of the Voluntary Labor Arbitration Rules.

 

                Section 2. The fees of the American Arbitration Associations and of the arbitrators and the expenses of any required hearing shall be shared equally by the District and the Organization, but each party shall bear the expenses of its representatives, participants, witnesses, and for the preparation and representation of its own case. The obligation of the District to pay shall be limited to the obligation which the District may legally undertake, and in no event shall any present or future member of the District have any personal obligation for payment under the provisions of this Agreement.

 

                Section 3. The arbitrator’s award shall be in writing and shall set forth his findings of fact with reasoning and conclusions. He shall arrive at his decision solely upon the facts, evidence, and contentions presented by the parties through the arbitration proceeding. The arbitrator shall have no power to add to, subtract from or modify any of the terms of this Agreement, and in reaching his decision shall interpret the Agreement in accordance with the commonly accepted meaning of words herein and the principle that there are no restrictions intended on the rights or authority of the District other than those expressly set forth herein. Subject to the foregoing, the decision of the arbitrator shall be submitted to the School District and the Organization and shall be final and binding upon the District, the Organization, and the teacher or group of teachers who initiated the grievance.

 

                Section 4. Notwithstanding anything to the contrary, no dispute or controversy shall be the subject for arbitration unless it involves the interpretation or application of a specific provision of this Agreement. The parties may, by mutual agreement submit more than one pending grievance to the same arbitrator.

 

 

ARTICLE VII – CONTINUITY OF EMPLOYMENT

 

                Section 1. The Organization, the School Committee and the employees covered by this Agreement agree that during the term of this Agreement differences between the parties shall be settled by peaceful means as provided within this Agreement. The Organization, in consideration of the value of this Agreement and its terms and conditions and the Legislation which engendered it and hereafter shall govern it, will not engage in, instigate or condone any strike, work stoppage or any concerted refusal to perform usual professional duties on the part of any employee covered by this Agreement.

 

                Section 2. The District agrees that, during the term of this Agreement, it will not “lock out” any employees covered by this agreement, nor engage in any other interferences with work.

 

                Section 3. Teachers who participate in any such activities may be disciplined or discharged as the District in its judgment deems proper, and said disciplines shall be final and binding on the parties affected thereby, and not subject to arbitration; provided that an issue of fact as to whether an individual engaged in such activities may be made the subject of the grievance and arbitration procedure.

 

                Section 4. During the term of this Agreement, no teacher with professional teacher status or teacher not holding professional teacher status who has completed a minimum of one full year of service in the Shirley School Department, shall be reprimanded, reduced in rank or compensation, or otherwise deprived of any professional advantage, for disciplinary reasons, without just cause. Nothing in this Article shall be deemed to limit the right of the Superintendent to refuse or renew the contract of a teacher not holding professional teacher status. The decision of the Superintendent not to renew the contract of a teacher not holding professional teacher status shall not be subject to a grievance or arbitration.

 

ARTICLE VIII – TEACHING HOURS AND TEACHING LOAD

 

                Section 1. The work year of returning teachers under a ten month contract may begin the week before Labor Day and terminate no later than June 30. In no event shall the work year exceed five (5) days more than the school year for children as established by law. The school calendar will be cooperatively planned by the administration and representatives of the teaching staff. These days will be used for planning, professional development, collaboration, and parent-teacher conferences, and will be cooperatively planned by administration and representatives of the teaching staff. Teachers new to Shirley may be required to attend one additional orientation day before the beginning date set forth above, and all new teachers will familiarize themselves with the information contained in the Teachers’ Manual, which is prepared and updated by the Shirley School Principal or Vice Principal, if so designated by the Principal for this purpose. The “work year” will include days when pupils are in attendance, conferences or any other days on which teachers’ attendance is required including orientation sessions at the beginning of the school year to be scheduled by the Superintendent. In the event students are excused for reasons other than inclement weather or conditions which may prove injurious to health, teachers are expected to report.

 

                Section 2. Teachers will arrive at school in sufficient time to be prepared for the start of the student day and will leave when their professional obligations have been fulfilled.

 

                Section 3. The Committee agrees to provide two lunchroom aides at minimum wage or higher as determined by the District when persons acceptable to the administration are available.

 

                Section 3a. Under normal circumstances, teachers of grades K through five will not be assigned recess duty. In case of emergency that require supervision of students, teachers with more than one preparation period per day will be used in a fair and equitable manner and on a rotating basis.

 

                Section 4. All teachers, grades one through five, will have a minimum of five duty free preparation periods of forty-five (45) minutes in length each week, in conjunction with  recess. All teachers, grades six through eight, will have a minimum of seven (7) duty free preparation periods of forty-five (45) minutes in length each week.

 

                Section 5. Teachers will not be required to secure their own substitutes. Substitutes will be assigned if available when three or more consecutive class periods demand their substitution. In cases of emergency that require the supervision of students, teachers with more than one preparation period per day will be used in a fair and equitable manner and on a rotating basis.

 

                Section 6. In recognition of the professional responsibility by which teachers abide in and are proud of, no teacher will be requested to indicate on paper, time clock, or any means as to the time they have entered or left the building in which their professional responsibilities are carried out.

 

                Section 7. Deleted.

 

                Section 8. There will be two (2) parent-teacher conference sessions each year. Conferences will be scheduled during one (1) full day, and one (1) half-day and one (1) evening the first marking period, and one (1) half day the second marking period. There will be one half day of school on the day of an evening parent-teacher conference. On the days when evening conferences are scheduled, teachers may leave after students have been dismissed. In addition, each teacher will conduct one floating night, that will last two (2) hours, during the school year, inviting the Shirley community to attend, or an “Open House.” The Principal must approve each “floating night” program.

 

                Section 9. All teachers will have a twenty (20) minute duty-free lunch period each day except when unusual circumstances require the presence of the teachers.

 

                Section 10. SPED team meetings will be conducted during regular school hours. A substitute teacher shall be provided if available to insure adequate class coverage for any and all teachers involved in the team evaluation. In cases of emergency that require the supervision of students, teachers with more than one preparation period per day will be used in a fair and equitable manner on a rotating basis.

 

                SPED team meetings may be held during the classroom teacher’s Spanish or computer period, thus eliminating the concern of any missed valuable teaching time for the students and alleviating the need to pay a substitute teacher.

 

                Section 11. Teachers will be allowed to leave when their professional obligations have been fulfilled. Teachers will schedule appointment hours for parent and student conferences when necessary.

 

                Section 12. The regular student day will be six hours and fifteen minutes long.

 

ARTICLE IX – NON-TEACHING DUTIES

 

                Section 1. The Committee and the Organization acknowledge that a teacher’s primary responsibility is the total education of the children in his care and that his energies should, to the fullest extent possible, be utilized to this end. Specific subjects involving non-teaching duties, while not grievances, may be discussed under Article XVI as they from time to time arise.

 

                Section 2. Teachers will not be responsible for the collection of monies with regard to non-school activities.

 

ARTICLE X – INITIAL TEACHER EMPLOYMENT

 

                Section 1. The Superintendent shall fix an initial salary step level of each teacher on entering employment giving due consideration to previous experience and special skills.

 

                Section 2. Upon request, teacher candidates will receive a current copy of the Collective Bargaining Agreement between the Shirley School Committee and the Shirley Teachers Organization. Ten copies of the Agreement will be on file with the Secretary of the Organization for perusal by the teachers.

 

                Section 3. In order to provide support and training for beginning teachers, the district will establish and implement a Teacher Induction Program. Participation in the Teacher Induction Program will be required on the part of teachers who are new to the education profession, and/or for those who have not served on Professional Teacher Status in another school district. Participation is, otherwise, voluntary for all other teachers who are new to the district.

 

                A joint committee comprised of an equal number of teachers and administrators will develop the criteria for implementing the Teacher Induction Program.

 

                Teachers who serve as Mentor Teachers in the Program will receive an annual stipend of no less than $500.

 

ARTICLE XI – TEACHER ASSIGNMENT

 

                Section 1. Teachers will be notified of any change of programs from the prior school year, including the schools to which they will be assigned and the grade and/or subjects they will teach, as soon as practicable, under normal circumstances not later than August 1.

 

                If the grade or subject assignment of a new teacher is to be changed from that originally indicated at the time of hiring, the teacher will be notified as soon as possible. In the event that such a change is not to the satisfaction of the teacher, the teacher may be relieved of his, or her, initial contract without the required thirty (30) day notice.

 

                Section 2. Teachers who desire a change in grade and/or subject assignment, or who desire to transfer to another building, shall file a written statement with the Principal or Vice Principal, if so designated for that purpose by the Principal, not later than April 1. Such statement shall include the grade and/or subject to which the teacher desires to be transferred. As soon as practicable, and normally not later than May 15, the School District shall notify the teacher of the disposition of his request.

 

                Openings known to exist during the next school year will be made known to the faculty by April 15.

 

                Section 3. To the extent practicable, changes in grade assignment will be voluntary. Involuntary transfers will be made only after a meeting with the teachers involved and the Principal or Vice-Principal, if so designated by the Principal for that purpose. The final decision will be made by the Principal with the consent of the Superintendent.

 

                Section 4. Teacher assignments will be made without regard to age, race, creed, color, religion, nationality, sex, or marital status.

 

                Section 5. In the event a position is to be eliminated, this will be done only after consultation with the President and a representative group of the Shirley Teachers Organization and an explanation of the reasons therefore. Opportunity to discuss alternatives will be provided, but the final decision on any and all positions resides with the Superintendent.

 

ARTICLE XII – VACANCIES

 

                Section l. Whenever a vacancy occurs during the school year (September to June) it will be publicized by the Superintendent or his designee by means of a notice posted in every school for a period of five (5) school days. During the months of July and August, written notice of any such vacancy will be mailed to all Organization members whose self-addressed stamped envelope will be supplied to the Superintendent before the end of the school year. In both situations, the qualifications for the position, duties, and rate of compensation shall be clearly set forth. The qualifications set forth for a particular position will not be changed unless the Organization has been notified in advance. Teachers who resign from a teaching position after August 1 will give the administration a 30 day notice.

 

                Section 2. The Superintendent’s decision of a person to be appointed to a vacancy shall be final and not subject to arbitration under Article VI. Posting of positions will take place as they occur during the school year. During the months of July and August, written notice of any such vacancy will be mailed to all staff members who have, prior to the end of the school year, indicated in writing to the Superintendent-Principal a desire to receive notification of vacancies. The Superintendent will review applications by staff members if they are presented within the time frame designated by the District.

 

                Section 3. Appointments will be made without regard to race, creed, color, religion, nationality, marital status, sex, age as defined by law, or political affiliation.

 

ARTICLE XIII – POSITIONS IN SUMMER SCHOOL AND FEDERAL PROGRAMS

 

                Section 1. All openings for summer school and for positions under Federal programs will be adequately publicized by the Superintendent or his designee in each school building and teachers who have applied for such positions will be notified of the action taken regarding their applications as early as possible.

 

                Section 2. Positions in the Shirley Summer School and positions under Federal programs will be filled first by regularly appointed teachers in the Shirley School District where those teachers possess qualifications required for the position.

 

 

ARTICLE XIV – TEACHER EVALUATION

 

                Section 1. Personnel evaluation is the ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance as well as provide for personnel action by the District.

 

                Section 2. Purpose:

a)       To provide information for improving performance of the teacher.

b)       To provide a record of facts and assessment for personnel decisions about a teacher by the School District.

 

Section 3. Evaluation of teachers not serving with professional status and of teachers serving with professional status.

a)       Each teacher serving with professional status shall have his/her performance

formally reviewed in writing every other year by the Principal, Superintendent or his

designee.

b)       Each teacher not serving with professional status shall have his/her performance formally reviewed annually. Nothing in this section shall prevent the evaluator or his designee at any time from evaluating a teacher more often in writing or informally than the minimum specified above.

 

Section 4. All observations by any means for purposes of evaluation of professional performance of a teacher will be conducted openly and with full knowledge of the teacher.

 

Section 5. A written evaluation report will be completed after each official evaluation visit and a conference will be held with the teacher who will initial the report to indicate that a review has been completed.

 

Section 6. Teachers have the right, upon request, to review the contents of their personal files. Excluded from this would be any “confidential” documents received prior to, or in the course of, initial employment.

 

No new material will be placed in any teacher’s personal file unless the teacher has had the opportunity to review such material. The teacher will acknowledge that he has had the opportunity to review such material by affixing his signature to the copy to be filed. The teacher will have the right to submit a written answer to such material and his answer shall be reviewed by the Principal or Superintendent and attached to the file copy.

 

Section 7. The Organization recognizes the authority and responsibility of the Principal for maintaining the highest possible level of professional performance by his own teachers including therein the authority and responsibility for disciplining or reprimanding teachers for delinquency in professional performance. Said disciplining or reprimanding shall be done in private. If a teacher is to be disciplined or reprimanded by a member of the administration above the level of these persons, however, he will be entitled to have a representative of the Organization present.

 

Section 8. The contents of evaluation reports are not subject to the grievance and arbitration procedure of this Agreement except that any contention that an “unsatisfactory” evaluation is arbitrary or without foundation may be raised through the grievance procedure to the level of the Superintendent, but not to arbitration.

 

ARTICLE XV – AVAILABILITY OF SPECIALISTS TO TEACHERS

 

                The Committee recognizes that classroom teachers usually require the assistance of certain specialists in order to carry out their assigned duties effectively. The Committee agrees that such specialists will be used in the system. Said specialists shall mean the art, music, physical education/health, special education and Title 1 teachers. However, it will be the responsibility and obligation of the District to make the final decisions as to specialists. This Article shall be subject to Article XXXII – Reduction in Force.

 

ARTICLE XVI – PROFESSIONAL CONSULTATIONS

 

                Section 1. In recognition of the professional standing of teachers and the fact that teachers’ ideas and opinions systematically and periodically collated and expressed are of significant value in improving the quality of education in, as well as the efficient and economical operation of, the Shirley School System, and in recognition of the Organization’s knowledge of the ideas and opinions of teachers, the Committee agrees that not more frequently than once every two months, it or the Superintendent, Principal, or their designated representatives will upon request of the Organization meet at a reasonable time and place with the Organization to consult about any matters of concern or interest to the parties involved.

 

                Section 2. The parties involved agree that prior to one week before the date scheduled for said consultation they will submit a written agenda of subjects about which it desires to consult at the meeting to the Superintendent of Schools, who will distribute copies of the agenda to all involved.

 

                Section 3. It is further agreed that the provisions of this Article will in no way be construed as broadening the applications of the Agreement as a whole; nor will these provisions make any matter a mandatory subject of discussion at any time other than at the consultations described in this Article that would not be a mandatory subject of discussion in the absence of the provisions of this section.

 

                Section 4. Typical, but by no means exclusive of the subjects expected to be discussed under this Article, are those of class size or pupil-teacher load, curriculum development, numbers and types of specialists, etc.

 

ARTICLE XVII – TEACHER FACILITIES AND EQUIPMENT

 

                Section 1. Each school will have the following facilities:

 

a.                   Space in which each teacher may safely and conveniently store instructional materials and supplies.

 

b.                   A teacher work and lounge room containing adequate equipment and

supplies to aid in the preparation of instructional materials.

 

c.                    A serviceable desk and chair for each teacher.

 

Section 2. An adequate portion of the parking lot at each school will be reserved for teacher parking.

 

Section 3. Parking areas will be cleared of snow prior to the start of the school day whenever possible.

 

Section 4. To facilitate and improve communications between the teachers and community, a separate telephone will be placed in the teachers’ room for exclusive use of the professional staff in carrying out the educational program.

 

ARTICLE XVIII – USE OF SCHOOL FACILITIES

 

                Section 1. The Organization will have the right to use school buildings without cost at reasonable times for meetings, and application for such use will be made to the Principal sufficiently in advance of the meeting.

 

                Section 2. Organization notices, circulars, and other material may be placed on school bulletin boards located in the faculty lounge.

 

ARTICLE XIX – SICK LEAVE

 

                Section 1. Teachers will be credited with fifteen (15) days of sick leave on reporting on the first official day of school. The school Principal or his designee will inform teachers by October 1 of sick days they have accrued.

 

                ­Section 2. Unused sick leave will accumulate to an unlimited amount from year to year at the beginning of any school year.

 

                Extensions with or without pay beyond stated sick leave may be granted in exceptional cases at the discretion of the Superintendent.

 

                In cases of extension without pay, a deduction of 1/200th of the contract salary will be made from the pay of the individual teacher. All such deductions will be balanced in the last payroll of June.

 

                If eligible, teachers will use Long Term Disability Insurance in lieu of sick leave.

 

                Section 3. In order to receive the benefits of this Article, a teacher must notify the Principal or his designee as promptly as possible (and in no event later than 7:00 a.m. on the day of absence) when he will be unable to be present because of illness.

 

Section 4. Sick leave with pay is intended to cover the employee’s incapacitation due to sickness, injury or disability, or when through exposure to contagious disease the presence of the person at his or her post would jeopardize the health of others. The Principal may require a physician’s certificate as to the necessity of any absence immediately upon return of the teacher.

 

Section 5. Except on reinstatement after an approved leave of absence, no sick leave for prior employment (Shirley or elsewhere) will be allowed to any newly hired teacher, or teacher rehired after a termination of service.

 

ARTICLE XX – SICK LEAVE BANK

 

                Section l. A Sick Leave Bank will be maintained for utilization by qualified members whose sick leave accumulation is exhausted through prolonged illness or accident and who require additional leave to make full recovery from an extended illness.

 

                Section 2. Each member of the bargaining unit shall submit one (l) sick day of his/her personal accumulation for each school year to the Sick Leave Bank, to be used by teachers who qualify and who have exhausted their own individual sick leave, both annual and accumulated, and who still have a serious extended illness. However, if the Sick Leave Bank exceeds 1,000 sick days, teachers who have worked for the Town of Shirley for fifteen (15) years or more are exempt from this requirement.

 

                Section 3. Teachers shall not qualify for consideration of extended illness leave within the framework of the Sick Leave Bank unless they have accumulated at least twenty (20) sick leave days as of the beginning of the applicable school year (after the submission required in Section 2.)

 

                Section 4. Delete

 

                Section 5.  Any sick leave granted under the provisions of this Article shall expire at the end of the school year. There shall be no accumulation or carry over to successive years of unused Sick Leave Bank days beyond each applicable school year, except as set forth in Section 13.

 

                Section 6. The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of two (2) members designated by the School District (not covered by another bargaining unit) to serve at its discretion and two (2) members designated by the Teachers Association.

 

                Section 7. Application for benefits shall be made in writing to the Sick Leave Bank Committee accompanied by a doctor’s certificate as to the need for the anticipated extent of extended recovery time from the illness.

 

                Section 8. Application for benefits may be made prior to the employee’s exhaustion of his own personal sick leave to expedite benefits, but drawings upon the bank will not actually commence until after the employee’s own sick leave days are exhausted and adequate medical notification has been provided, and in no event unless the prolonged illness has exceeded twenty (20) consecutive school days.

 

                Section 9. The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee shall not exceed thirty (30) days.

 

                Section 10. Upon completion of the thirty (30) day period, additional entitlement may be extended by the Sick Leave Bank Committee upon demonstration of need by the applicant.

 

                Section 11. Subject to the foregoing requirements, the Sick Leave Bank Committee will determine the eligibility for the utilization of the Bank and the amount of leave to be granted. The following general criteria shall be considered by the Sick Leave Bank Committee in administering the Bank and in determining the amount of leave.

 

 

1.       Medical evidence of serious extended illness.

2.       Prior utilization of eligible sick leave.

 

The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal.

 

No days may be withdrawn from the Sick Leave Bank for any other illness other than prolonged illness or accident experienced by the employee. Days may not be withdrawn to permit an individual to stay at home to care for other members of the family and in no instance may days be withdrawn for the purposes of maternity which does not involve disability.

 

Section 12. Upon return from extended sick leave during which benefits were received through the Sick Leave Bank, the recipient shall be entitled to commence a new accumulation of individual sick leave in accordance with the provisions of the Collective Bargaining Agreement on the same basis as other teachers.

 

Section 13. If the Sick Leave Bank is exhausted during this one-year period, it shall be renewed by the contribution of one (1) additional day of sick leave by each eligible member of the staff covered by the Agreement from their annual days of sick leave. To the extent that such additional days are unused at the conclusion of the one-year period, they may be carried over to the Bank in the successive school year.

 

ARTICLE XXI – TEMPORARY LEAVE

 

                Section 1. It is recognized by all that absences by regular teachers from the classroom interrupt the education process and must, therefore, be held to an absolute minimum.

 

                Section 2. In each school year, however, up to three (3) days leave with pay may be obtained for imperative personal business or legal obligations, or family matters which require absence during school hours and which cannot effectively be conducted outside of school hours.

 

                Section 3. Requests for such leave must be made to the Principal, or Vice Principal, if so designated for this purpose by the Principal, in writing as early as possible (and not less than seventy-two (72) hours before such absence occurs) whenever possible. No requests for temporary leave will be submitted to enlarge a holiday or vacation period.

 

                Section 4. If the Principal, or Vice Principal, if so designated for this purpose by the Principal, believes the purpose of the leave is not of a nature specified above, requiring the absence of a teacher during the school hours, then he will decline to pay for such leave. The matter, however, may be presented through a grievance procedure to the Superintendent if the teacher so elects.

 

                Section 5. Time may be granted with pay to a teacher where his appearance is necessary in any legal proceedings connected with the teacher’s lawful employment activities or with the school system.

 

                Section 6. Teachers called into temporary active duty with a unit of the United States Armed Forces or National Guard will perform such duty during a period when school is not in session except when the necessity of government makes other demands absolutely necessary. Such teachers will receive all benefits and rights to which they are entitled under existing law.

 

                Section 7. Leaves taken pursuant to this Article shall be in addition to any sick leave to which the teacher is entitled. No teacher will be required to arrange for his own substitute.

 

                Section 8. Leaves requested pursuant to this Article shall not be arbitrarily withheld.

 

                Section 9. Teachers will be allowed up to five (5) consecutive days of bereavement leave during the school year in each case of death of a spouse or child. Teachers will be allowed up to three (3) consecutive days of bereavement leave during the school year in each case of death of the immediate family. The term “immediate family” means father, mother, sister, brother, mother-in-law, father-in-law, grandparent, or an in-law who is a full-time resident in the teacher’s household. One day’s bereavement leave will be allowed for deaths of a brother-in-law or sister-in-law unless the teacher is the executor or conservator of the deceased relative’s will. Requests for bereavement leave may be submitted through the Principal or Vice Principal if so designated for this purpose by the Principal. These provisions shall be administered in the light of their purpose, which is to provide the opportunity when needed to enable an employee to attend the funeral or to attend to family or personal matters arising as a result of the death.

 

                Section 10. Time necessary for attendance at any summer institute that has been granted a teacher by a federal or state-funded program will be granted upon recommendation of the Superintendent or his designee.

 

                Section 11. Each teacher may be granted at the discretion of the Superintendent two (2) professional visiting days each year for the purpose of visiting another school or attending a meeting or conference of an educational nature. The school, school day and purpose of this visit shall be subject to the approval of the Principal and the Superintendent. Upon return, within a period of ten (1) days after the visitation or conference the teacher will, upon request of the Principal and/or Superintendent, submit a written report to the Principal with a copy for the Superintendent. Teachers may also be asked to share information orally with other staff members of the District.

 

 

 

ARTICLE XXII – SABBATICAL LEAVE

 

                Section 1. A sabbatical leave may be granted by the Superintendent or School Committee as provided in Section 41A of M.G.L. Chapter 71 for advance study or research to teachers who have completed seven (7) full years of service in the Shirley System, where such experience would, in the opinion of the District, increase the teacher’s professional ability.

 

                Section 2. Personnel requesting such leave must submit their applications in writing to the Superintendent of Schools not later than November 1 of the school year, preceding the school semester or school year for which the leave is requested. Action shall be taken on all such requests as soon as possible and not later than January 1.

 

                Section 3. No more than one teacher will be absent on sabbatical leave during any one school semester.

 

                Section 4. Successful applicants will receive either one-half of a year’s pay for a full year or one-quarter of a year’s pay for one-half year leave provided the amount coupled with any scholarship, grant, or aid shall not exceed the salary to which they would have been entitled.

 

                Section 5. Before accepting such sabbatical leave, the teacher shall enter into a written agreement in accordance with the terms of General Laws, Chapter 71, Section 41A to return to active service of the Shirley School District for a period of at least twice the length of such leave. A teacher who does not fulfill this agreement shall have agreed in writing to pay to the town the amount of the salary received by the sabbatical, provided that the teacher may be released from such payment if his failure to service twice the length of the leave is due to disability, death or if he/she is discharged from his/her position.

 

                Section 6. A teacher returning from sabbatical leave shall be placed on the step at the salary schedule he would have attained had he/she remained in the District, and shall be eligible for insurance benefits according to town policy while on leave.

 

                Section 7. No teacher may reapply for a second sabbatical leave until he has completed seven (7) years since his/her last leave.

 

                Section 8. Upon completion of the leave the recipient shall submit a comprehensive written report to the Superintendent containing transcripts of all college and university work done while on leave, together with any other pertinent or interpretive material considered essential to an evaluation of his/her program.

 

                Section 9. In case the number of applications exceeds the number of Sabbatical Leaves of Absence that the Superintendent or School Committee, as applicable in accordance with Section 41A of M.G.L. Chapter 71, plans to grant for a particular school year, the selection will be made on the basis of the value of the proposed leave to the educational system of Shirley.

 

XXIII – EXTENDED LEAVES OF ABSENCE

 

                Section 1. A leave of absence without pay of up to two (2) years may be granted by the District to any teacher who joins the Peace Corps, serves as an exchange teacher, and is a full-time participant in any such program. Upon return from such leave, a teacher will be considered by the Superintendent for increment purposes as if he were actively employed during the leave and will be placed in the salary schedule at the level he/she would have achieved if he/she had not been absent.

 

                Section 2. As covered by applicable law, military leave without pay will be granted to any permanent teacher who is inducted in any branch of the Armed Forces of the United States. Upon return from such leave, a teacher will be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence up to a maximum of three (3) years.

 

                Section 3. A leave of absence without pay or increment of up to one (1) school year may be granted for the purpose of caring for a sick member of the teacher’s immediate family. Additional leave may be granted at the discretion of the Superintendent for this purpose.

 

                Section 4. A teacher may be granted a leave of absence without pay or increment, for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence.

 

                Section 5. The teacher will notify the Superintendent by April 1 of his/her intention to return the September following the termination of his leave. All requests for extensions or renewals of leave must be applied for in writing on or before March 15 of each year in which the leave expires. Decisions on such requests will be confirmed in writing by April 15.

 

                Section 6. Applications for an extended leave of absence, without pay or increment, must state the specific reasons therefore and should be submitted at the earliest possible date to the Superintendent. If the reason for the requested extended leave of absence is due to prolonged illness or recovery from injuries, the application shall be supported by a physician’s certificate setting forth the nature of the illness or injury and that the absence is medically necessary.

 

                Section 7. All benefits to which a teacher was entitled at time such leave commenced, including unused accumulated sick leave, will be restored to his account upon return from leave. It is recognized that no specific position can be held open during any leave but in all instances every effort will be made to assign the teachers to a substantially equivalent position to the one held at the time the leave commenced.

 

                Section 8. The Superintendent may at his discretion grant a leave of absence without pay to any teacher with professional status designated by the Organization for a year for the purpose of engaging in Association (State or National) activities. If the teacher returns from such leave, he/she will be considered by the Superintendent as if he were actively employed during such leave for purposes of being placed on the salary schedule at the level he would have achieved if he has not been absent.

 

                Section 9. The Superintendent may grant a leave of absence without pay or increment to any teacher to campaign for, or serve in an elective public office.

 

                Section 10. Other leaves of absence without pay or increment may be granted by the Superintendent. All requests for extensions or renewals of leave will be applied for and answered in writing.

 

 

ARTICLE XXIV – MATERNITY LEAVE

 

                Section 1. The Superintendent shall grant a maternity leave or adoption leave for children under the age of three (3) years to any teacher who has been a full-time employee for at least three (3) consecutive months and gives at least two (2) weeks written notice of the anticipated day of departure and intention of return. This leave shall commence by written notice and shall terminate no later than one (1) year from the September first following the termination of pregnancy or adoption, or soon if the teacher and the Superintendent agree.

 

                Notes on Adoption:

 

(1)     Situations may arise so that a two (2) week notice will not be practicable. In such a case, notice as soon as possible will be given.

 

(2)   Persons adopting children over the age of three (3) years shall have maternity leave in

        accordance with State Law.

 

Section 2. A teacher will be able to use any of her accumulated sick leave during the period of

time in which she is considered disabled due to pregnancy, childbirth or recovery there from in accordance with Massachusetts General Laws, Chapter 149, Section 105D. The rest of the time on maternity leave shall be without pay. The disability period shall be treated as any other temporary disability in terms of accumulated sick leave, seniority, service with professional status, pay, medical insurance benefits and all other fringe benefits. A teacher using sick leave during maternity leave shall be subject to any doctor’s certificate that may be required under the Sick Leave Article of this Agreement.

 

                Section 3. If a teacher is on the payroll for more than one-half of the school year (93 days) in which the leave commences, she shall be eligible for incremental credit (a one step advance) and shall receive credit toward service with professional status following her return to active employment in the Shirley School System.

 

                Section 4. Not later than April 1 the teacher shall notify the Superintendent in writing of her intent to return to teaching the following September. She may, at any time, request an extension of leave for one more year with notice of return to be written at the later date. Extensions may be granted at the discretion of Superintendent.

 

                Section 5. Upon return from Maternity Leave the teacher will be assigned the same subject or grade level which she held at the time the leave commenced. If the same position is not available, (that is, if it is filled by a permanent teacher serving with professional status or a teacher not serving with professional status), the teacher will be assigned to the most nearly equivalent position which is available at the time of her return and for which she is certified and qualified. This section shall be subject to Article XXXII – Reduction in Force.

 

ARTICLE XXIV (A) – FAMILY AND MEDICAL LEAVE ACT

 

                Section 1. In accordance with the Family Medical Act of 1993 the Committee will provide eligible employees up to twelve (12) weeks of unpaid leave in a twelve (12) month period and in accord with the act.

 

Eligible employees must have worked for at least twelve months (need not be consecutive) prior to the commencement of the leave and must have worked at least 1,250 hours during the twelve months prior to the beginning of the leave. However special rules apply to teachers, who are deemed to meet the 1,250 hour requirement if they teach the full academic year.

 

                ­Section 2. The following reasons qualify for leave.

 

·         To care for a newborn or a newly placed adopted or foster child.

·         To care for a child, spouse or parent with a serious health condition.

·         To care for the employee’s own serious health condition.

 

­Section 3. Substitution of Paid Leave

 

·         If leave is taken because of the employee’s own serious health condition an eligible

employee must first exhaust any accrued paid sick leave.

·         If leave is taken to care for a child, spouse, or parent with a serious health condition

or to care for a newborn or newly placed, adopted or foster child an eligible employee must first exhaust any accrued paid personal leave.

·         If the employee’s accrued paid leave is less than twelve (12) weeks, the remaining

weeks will be unpaid.

 

                Section 4. Benefits During Leave

 

                The Committee will maintain health coverage for an employee on leave under this policy at the

level and under the same conditions as the employee would have enjoyed if not on leave. If the

employee fails to return to work following the leave, or onset of a serious medical condition of

himself/herself or family, or other circumstances beyond the employee’s control, the employee on                leave under this policy will be responsible for the cost of health coverage during the period of

leave.

 

                Section 5.

 

                The twelve (12) month period should be September through August of the following calendar year

year.

 

                Section 6.

 

                Seniority shall accrue while the employee is on an approved FMLA leave.

 

                Section 7.

 

                The FMLA special rules that apply to local education agencies shall apply.

 

                Section 8.

 

                Extended Leave. In the event an employee desires a leave without pay longer than provided under

the FMLA such leave shall be subject to the provisions in ARTICLE XXIII.

 

ARTICLE XXV – PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

 

                Section 1. The Superintendent will provide a professional development program each year that is designed to advance the goals of the Board of Education, the District, and the Department of Education regulations governing Principals of Effective Teaching (603 CMR 35.00) . Administration and representatives of the teaching staff will cooperatively plan professional development.

 

                Section 2.  Individual Professional Development Plans – Each employee will have an Individual Professional Development Plan. This plan will contain a description of professional development activities that are linked to the goals of the Board of Education, the District, and the Department of Education regulations governing the Principles of Effective Teaching (603 CMR 35.00) and will be approved by the employee’s immediate supervisor.

 

                Section 3. Professional Development Points (PDPs) – Each employee shall receive PDPs for participation in professional development activities consistent with the regulations of the Board of Education. All matters pertaining to certification/recertification are between the applicant and the state.

 

                Section 4. Conditions of Reimbursement – Each teacher will be eligible for up to $600 reimbursement per fiscal year for the cost of Professional Development, i.e., courses, workshops, and seminars approved by the Principal. If the amount drawn has not reached $600 times the number of teachers by May 1, teachers may again draw up to $600 for additional professional development with the approval of the Principals and up to the gross amount . All requests and approvals must be made prior to May 1. The following guidelines are to be followed:

 

a)       Prior approval of the Principal and Superintendent is required. The teacher will make the

request in writing and provide the title of the program, description of the content, location,

dates, times, and the number of PDPs to be earned. The Superintendent or Principal will respond to the request within five working days.

 

b)       The professional development activity must be consistent with the teacher’s Individual

Professional Development Plan.

 

c)       Reimbursement will be made in a timely manner upon receipt of evidence of satisfactory

completion of the professional development activity, and documentation of the cost.

 

d)       Reimbursement will only be made for professional development while in the employ of the

District.

 

e)       May 1 is the deadline for application for approval of professional development for the current

fiscal year.

 

                Section 5. Professional Development offered by the District.

 

a)        There will be no cost for teachers to participate in professional development activities

required by the District.

 

b)        The District may charge teachers for professional development for which attendance

is voluntary. The fee for such programs will be announced in advance.

 

c)        The Superintendent has the discretion to waive the charge for any professional development

activity.

 

                Other Expenses – The District shall pay reasonable expenses (including but not limited to registration fees, meals, lodging or transportation) incurred by teachers who are required by the Superintendent to attend workshops, seminars, or other approved professional improvement sessions. It may pay all or part of such expenses of teachers whose request to attend similar sessions it approved (provided, however, that such travel and amount shall have been provided for are expendable in the existing school budget.)

 

                Travel Reimbursement – Teachers shall be reimbursed for inter-school travel at twenty-seven cents (.27) per mile.

 

 

 

 

ARTICLE XXVI – PROTECTION

 

                Section  1.  In case of personal injury to a teacher, sustained as a result of and in the performance of his duties, the Superintendent’s Office will notify the Massachusetts Teachers Retirement Board as required by General Laws, Chapter 32, Section 7, and will provide a copy of such notification to the teacher.

 

                Section 2. Teachers who receive a personal injury arising out of and in the course of their employment are entitled to Workers’ Compensation Benefits provided by the Town of Shirley.

 

ARTICLE XXVII – SALARIES

 

                Section 1. The salaries of all persons covered by the Agreement, which shall be in accordance with the Appendix attached thereto and made a part hereof, shall consist of two components:

 

                Basic Salary

                Extra Duty Compensation

 

                Section 2. The Superintendent shall fix an initial salary and step level of each teacher on entering employment giving due consideration to previous experience and special skills. Evidence of degree status and certification is required of all teachers on employment.

 

                Section 3. Teachers who enter the system other than at the beginning of the school year will move the following year on the step schedule at the discretion of the District, provided that a regular teacher who has taught in a satisfactory manner for more than ninety-one (91) school days in the school year will be advanced a step on the Salary Schedule.

 

                Section 4. Annual increments as scheduled will be granted each year effective the first teacher work day of the school year to all teachers who have rendered satisfactory service. A question as to whether the District has just cause for withholding the increment of a teacher may be presented through the grievance and/or arbitration procedure.

 

                Section 5. Notice of expected completion of units of fifteen (15) semester hours or change in degree status shall be submitted to the Superintendent for budgetary purposes before February 1 of the calendar year prior to the school year in which the credit is to be effective.

 

                Section 6. Salary differentials for athletic duties, or any other special activities, will be in accordance with the provision of Appendix D. The enumeration of certain classes or types of athletic or special activities set forth in Appendix D, neither means that the School District must continue these in existence, nor is it intended to exclude payment for any other duties not specifically included therein.

 

                Section 7. In recognition of dedicated service to the children of Shirley, teachers retiring under the provisions of the Massachusetts Teachers Retirement Act shall be eligible to obtain an increase in compensation during their final year of teaching by following the established procedure.

 

                Teachers retiring under the provisions of the Massachusetts Teachers Retirement Act, who give notice of retirement to the Superintendent by January 1, will be paid $30 for every day of accumulated sick leave up to a maximum of 185 days. Teachers giving notice of their retirement after March 31 will be paid $15 for every day of accumulated sick leave, up to a maximum of 185 days. This amount will be reduced by the increase compensation the teacher receives as a result of the Super Maxima 25 step on the salary schedule. In either case, payment will be made by September 1 following the date of retirement, or may, at the written request of the teacher, be paid instead during the January following retirement.

 

                Section 8. Part-time teachers and part-time guidance counselors shall receive a salary proportionate to the school week which he or she works.

 

                Section 9. Teachers will have an option of choosing to receive their annual salary in twenty-two (22) equal installments over ten (10) months, or in twenty-six (26) equal installments over twelve (12) months. Teachers must notify the business office by June 1 of their intentions to change their option for the following school year.

 

                Section 10. When the Town institutes direct payroll deposit, all teachers will participate.   

 

ARTICLE XXVIII – PAYROLL DEDUCTIONS

 

                Section 1. The Superintendent agrees that, in accordance with the provisions of Chapter 180, Section 17C of the General Laws of Massachusetts, it will request the Town Treasurer to deduct membership dues from the salaries of its teachers who, by October 1 of each school year, have voluntarily submitted a written authorization currently used by the parties hereto.

 

                Dues will be deducted in bi-monthly installments beginning in November and ending in June. The amount so deducted will be remitted in accordance with such authorization to the Shirley Teachers Organization for disbursement to the respective organizations, provided that the District shall be under no obligation to make any such deductions after the receipt of a revocation, in accordance with the terms thereof.

 

                The District will incur no liability for loss of dues monies after properly depositing the same addressed to the Organization in the United States Mail. The Organization shall indemnify and save the District and/or the Town of Shirley harmless against all claims, demands, suits or other forms of liability which may arise by reason of any action in making deductions and remitting the same to the Organization pursuant to this Section.

 

                Section 2. Pursuant to General Laws, Chapter 149, Section 178B, the School Committee agrees that it will request the Town Treasurer to deduct from the salaries of the teachers who have on file with the District an executed current Credit Union Deductions Authorization card, an amount(s) specified for purchasing of shares of or making deposits in, or repaying a loan from the Massachusetts Teachers Association Credit Union.

 

ARTICLE XXXVIII (A) – AGENCY SERVICE FEE

 

                Section 1. Effective the first day of December of each school year, each teacher of the bargaining unit who is not a member of the Organization in good standing shall be required, as a condition of employment, to pay a monthly agency service fee during the life of this Agreement to the Organization as determined by the Organization in accordance with applicable law.

 

                Section 2. The Organization agrees to indemnify and save the School District or Town harmless against all claims, suits or other forms of liability arising out of the deductions of such agency service fee from an employee’s pay or out of application of this Article. The Organization agrees to assume full responsibility for the disposition of the monies so deducted once they have been turned over to the Treasurer of the Organization, who shall provide such information to the Town Treasurer as may be required by said Town Treasurer under General Laws, Chapter 180, Section 17G.

 

                Section 3. This Article shall not apply to any teacher who has authorized the Town Treasurer to deduct Organization dues under Article XXXVIII of this Agreement.

 

                Section 4. No action by the School District shall be considered against any teacher of the bargaining unit for failure to meet his agency service fee obligation unless and until the Organization certifies in writing to the School Committee that said teacher had not met the obligation imposed by the article.

 

                Section 5. It is understood by the District and the Organization that deduction of the agency service fee shall be made by the District through its Treasurer only during the existence of an executed agreement between the District and the Organization.

 

                Section 5. The School Committee and the Organization agree to share equally the cost of the proceeding terminating employment arising under this contract article.

 

ARTICLE XXIX – TAX SHELTERED ANNUITIES

 

                Section 1. In order to provide for a non-forfeitable tax sheltered annuity payable upon retirement or termination of employment, a teacher may contract with the Committee pursuant to Section 37B of Chapter 71 of the General Laws of Massachusetts for purchase of such annuity as part of his or her employment compensation.

 

                Section 2. Such contract shall specify the premiums to be paid toward the annuity and the benefits payable thereunder.

 

ARTICLE XXX – INSURANCE

 

                Section 1. As long as the Town of Shirley agrees to pay a portion of the cost of health and life insurance plans currently in effect, the District will deduct the teachers’ share from payroll checks of participating members in either or both plans upon receipt of proper authorization.

 

ARTICLE XXXI – SEPARABILITY AND SAVINGS

 

                Section 1. If any Article or Section of this Agreement or any Riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if the compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity the remainder of this Agreement and of any Riders thereto, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained shall not be effected thereby.

 

                Section 2. In the event that any Article or Section is held invalid or enforcement of or compliance with which has been restrained, as set forth above, the parties affected thereby shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of the invalidity or restraint.

 

ARTICLE XXXII – REDUCTION IN FORCE

 

                Section 1. – Authority of School District

 

                The Superintendent shall have the right to relieve from work or lay off teachers. The process to be followed in this reduction in force shall be in accordance with this Article.

 

                Section 2. – Definitions

 

a.       Reduction in Force – The process by which teachers are laid off because of lack of funds,

budget restrictions, declining pupil enrollment, changes in curriculum, or some disastrous occurrence which affects the day-to-day operation.

               

b.       Seniority –

 

1)       Seniority is the length of continuous employment in the Shirley School System measured in years, months, and days in the bargaining unit from the teacher’s first scheduled work day.

2)       In computing seniority, time spent on any authorized leave of absence shall not constitute a break in service.

3)       Seniority shall accumulate during paid leaves of absences, military leave and during the eight week maternity leave period pursuant to M.G.L. Chapter 149, Section 105D.

4)       A full year of seniority will be granted if the teacher is on the payroll for 91 days or more.

5)       When a teacher is employed at less than full time, he/she shall accrue a percentage of the full amount of seniority to which he or she would be entitled if he or she was employeed full time. The percentage of seniority shall be equal to the percentage of time being served. (For example, a teacher at half time who has been in the System for four years shall have two years seniority.)

6)       In the event there is a tie in seniority, educational attainment shall be the determining factor for seniority standing. If there continues to be a tie, there will be a drawing of straws by the Superintendent.

 

c.        Subject areas to be consistent with DOE licensure.

 

d.       Recall – The process by which a teacher who has been laid off is returned to service in the Shirley School District.

 

Section 3. Attrition

 

Insofar as possible, normal attrition shall be used whereby teachers who retire or resign will not be

replaced by a new teacher if there are teachers available who are certified and qualified to fill such positions.

 

                Section 4. Teachers Serving With Professional Status Over Teachers Not Serving With Professional Status

 

                In case of further reductions in staff, a teacher serving with professional status shall not be laid off if there is a non-tenured teacher whose position the tenured teacher is certified and qualified to fill.

 

                Section 5. Lay Off of Teachers Serving With Professional Status

               

                If the Superintendent determines that further reductions in staff are necessary which affect tenured teachers, teachers within the affected subject areas shall be laid off in the inverse order of seniority.

 

                Section 6. Bumping

 

                The least senior teacher within the subject area that is to be reduced will be allowed to bump the junior teacher in another subject area provided he/she is more senior, has the proper certification, is highly qualified as defined by NCLB experience and evaluations.

 

                Section 7. Notice

 

                If reasonably possible, teachers who are to be affected by a reduction in force shall be notified in writing by the Superintendent by June 15 prior to the school year in which the reduction will take effect.

 

                Section 8. Seniority List

 

                A list specifying the seniority of each teacher in the bargaining unit shall be prepared by the Administration and forwarded to the President of the Shirley Teachers Organization by November 30 of each school year. Teachers will have a period of ten (10) school days from November 30 to challenge their position on this list for that particular school year through the grievance procedure.

 

                Section 9. Recall

 

a.       Teachers who have been laid off shall be entitled to recall rights and shall be on the recall list

for a period of two years from the effective date of their layoffs.

b.       Teachers on the recall list shall be given preference to any vacancy or new position for which

they are certified and qualified in the inverse order of their layoffs, i.e., last out, first in, which the Superintendent intends to fill.

c.        Teachers on the recall list shall be notified by certified mail of any vacancy or new position which the Superintendent intends to fill. Notice shall be sent to the teacher’s last known address. Teachers shall have the responsibility of keeping the Superintendent informed of any change in address.

d.       A teacher not responding to a recall notice from the Superintendent within ten (10) days of

delivery of the certified letter, who is certified for the position he or she is being recalled to, shall be removed from the recall list and shall forfeit his or her recall rights under this Article.

e.        Any benefits, including step placement, tenure and sick leave accumulation, to which a

teacher was entitled at the time of layoff, shall be restored in full upon being recalled.

f.        While teachers of the bargaining unit are on the recall list, the Superintendent will not hire

any new teacher for a position, unless no teacher on the recall list is certified and qualified to fill the position.

g.        To the extent allowed for by the law, teachers on the recall list may continue group health and

life insurance provided by the Town during their recall period by reimbursing the Town of Shirley for the full premium cost.

h.       Laid -off teachers shall be given preference on the substitute list, if he or she requests to be

listed on such list, subject to the certification law.

 

                Section 10. Grievance and Arbitration of Reduction in Force

 

                The Superintendent’s determination to reduce force shall not be subject to grievance or arbitration. Any reduction in force that is implemented contrary to this Article may be subject to grievance and arbitration.

 

                Section 11. Reorganization of School System

 

                Where there is a reduction of forces, the Superintendent shall have the right to reorganize the School System, including but not limited to elimination or revision of courses, elimination or consolidation of classes, revision of curriculum, or transferring or reassigning teachers. Reorganization under this Article shall not be done in violation of any other provision of this Agreement.

 

                Section 12. Teachers Without Professional Status

 

                Teachers without professional status not serving at discretion shall not be subject to this Article.

Termination of such teachers shall be governed exclusively by G.L. c. 71.

 

ARTICLE XXXIII – EXTRA-CURRICULAR ACTIVITIES

 

                Section 1. Proposals, Stipends and Expenses

 

                A teacher may submit a proposal to the Principal to organize and lead an extra-curricular activity for the District students. The Proposal must be in writing and include a description of the activity, the number of students, and a schedule of hours, estimated cost, and a recommendation of how expenses in excess of fifteen dollars ($15.00) per student would be covered. The Principal will have the discretion to decide whether to approve the proposal and will notify the teacher of the decision.

 

                A teacher who runs an extracurricular activity will be paid thirty-five dollars ($35.00) per hour for services and will be reimbursed up to fifteen dollars ($15.00) per student for supplies and other expenses. A teacher who has led a particular activity successfully, and who applies to lead the same activity again, will be given preference over a teacher who has not led the activity.

 

                Section 2. Odyssey of the Mind/Destination Imagination

 

                The director or co-directors of Odyssey of the Mind will be paid a total of $700 per year. In addition, each team for OM will have available $200 per team for training. This is to cover training expenses that the coaches incur for OM. This applies to any OM volunteer.

 

 

ARTICLE XXXIV – DURATION­

 

                This Agreement effective the first school day of the 2009-2010 school year, shall continue in full force and effect until August 31, 2010.

 

                Negotiations for successor Agreement shall commence no later than October 15, 2009.

 

               

                IN WITHNESS THEREOF, the parties hereunto set their hands and seals this ________ day of _______________________, 20_________.

 

 

SHIRLEY SCHOOL COMMITTEE                                SHIRLEY TEACHERS ORGANIZATION

 

__________________________________                 _____________________________________

 

__________________________________                 _____________________________________

 

__________________________________                 _____________________________________

 

__________________________________                 _____________________________________

 

__________________________________                 _____________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A – 2009-2010 STIPEND SCHEDULE

 

The following scale applies to these coaching positions:

 

 

                                                                                                                   1                             2                              3

 

Boys/Girls Basketball                                                                         $900                       $1,015                   $1,125

Boys Baseball                                                                                      $930                       $1,045                   $1,160

Girls Softball                                                                                         $955                     $1,075                  $1,200

 

 

Cheering Coach                                                                                  $790        

                                                                                                                $815

                                                                                                                $840

 

Intramurals:     $500 per season per sport as approved by the District increasing by 3% per year.

 

Coaching salary for any new interscholastic sport shall be same for the sports previously mentioned in Appendix D.

 

 

 

 

 

 

 

 

 

 

 

 

FY09

B

B+15

B+30

M

M+15

M+30

M+45

M+60

M+75

1

37,472

38,596

39,754

41,742

42,995

44,284

45,613

46,981

48,390

2

38,596

39,754

40,947

42,995

44,284

45,613

46,981

48,390

49,843

3

39,754

40,947

42,176

44,284

45,613

46,981

48,390

49,843

51,337

4

40,947

42,176

43,441

45,613

46,981

48,390

49,843

51,337

52,878

5

42,176

43,441

44,744

46,981

48,390

49,843

51,337

52,878

54,464

6

43,441

44,744

46,086

48,390

49,843

51,337

52,878

54,464

56,098

7

44,744

46,086

47,469

49,843

51,337

52,878

54,464

56,098

57,781

8

46,086

47,469

48,893

51,337

52,878

54,464

56,098

57,781

59,514

9

47,469

48,893

50,359

52,878

54,464

56,098

57,781

59,514

61,300

10

48,893

50,359

51,870

54,464

56,098

57,781

59,514

61,300

63,139

11

50,359

51,870

53,426

56,098

57,781

59,514

61,300

63,139

65,033

12

51,870

53,426

55,029

57,781

59,514

61,300

63,139

65,033

66,984

13

53,426

55,029

56,680

59,514

61,300

63,139

65,033

66,984

68,994

14

55,029

56,680

58,380

61,300

63,139

65,033

66,984

68,994

71,063

15

56,680

58,380

60,132

63,139

65,033

66,984

68,994

71,063

73,195

SM25

58,380

60,132

61,936

65,033

66,984

68,994

71,063

73,195

75,391