Southampton

Show detailed information about district and contract

DistrictSouthampton
Shared Contract District
Org Code2750000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency UnionUnion 66 Hampshire
Regional HS MembersHampshire
Vocational HS Members
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communitysmall rural communities
Number of Schools1
Enrollment559
Percent Low Income Students11
Grade StartPK or K
Grade End6
download pdf version of this document view accessible version of this document Southampton

CONTRACT 

 

 Between the SOUTHAMPTON SCHOOL COMMITTEE

 

and the SOUTHAMPTON TEACHERS’ ASSOCIATION

 

September 1, 2012 to August 31, 2015

 

 

 

 

            IN WITNESS THEREOF, the parties hereunto set their hands this 26th day of June, 2012:

           

                        For the SCHOOL COMMITTEE               For the TEACHERS' ASSOCIATION

 

                        _____________________________         ______________________________

                        Kimberly A. Schott, Chairperson                        Diane Scott, President

 


 

Contents

ARTICLE I - RECOGNITION.. 3

ARTICLE II - MANAGEMENT'S RIGHTS.. 3

ARTICLE III - NEGOTIATION PROCEDURE.. 3

ARTICLE IV - AMENDMENT.. 4

ARTICLE V -GRIEVANCE PROCEDURE AND ARBITRATION.. 4

ARTICLE VI -SALARIES.. 5

ARTICLE VII - TEACHING HOURS AND TEACHING LOAD.. 6

ARTICLE VIII - CLASS SIZE.. 7

ARTICLE IX - SPECIAL ASSISTANCE FOR TEACHERS.. 7

ARTICLE X - NON-TEACHING DUTIES.. 8

ARTICLE XI - TEACHER EMPLOYMENT.. 8

ARTICLE XII - TEACHER ASSIGNMENT.. 8

ARTICLE XIII-VACANCIES AND PROMOTIONS.. 8

ARTICLE XIV - REDUCTION IN FORCE.. 9

ARTICLE XVI - EDUCATOR FACILITIES.. 10

ARTICLE XVII - USE OF SCHOOL FACILITIES.. 10

ARTICLE XVIII - SICKNESS AND PHYSICAL DISABILITY LEAVE.. 11

ARTICLE XIX - TEMPORARY LEAVES OF ABSENCE.. 12

ARTICLE XX - PROTECTION.. 14

ARTICLE XXI - INSURANCE PLANS.. 14

ARTICLE XXII - PROFESSIONAL BEHAVIOR.. 15

ARTICLE XXIII - PROFESSIONAL ADVANCEMENT.. 15

ARTICLE XXIV - GENERAL.. 16

ARTICLE XXV - STRIKES AND SLOWDOWNS.. 16

ARTICLE XXVI - UNUSED SICK DAY REIMBURSEMENT.. 16

ARTICLE XXVII - DURATION.. 16

 

 


ARTICLE I - RECOGNITION

 

A.  For the purposes of collective bargaining on questions of wages, hours, and conditions of employment, the Southampton School Committee recognizes the Southampton Teachers' Association as the exclusive representative of all the teachers and nurses of Southampton exclusive of administrative staff members. Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "teachers".

 

B.  A copy of the contract between the Southampton School Committee and the Southampton Teachers' Association relevant to the coming school year will be sent to each new teacher together with their individual contract for employment.

 

ARTICLE II - MANAGEMENT'S RIGHTS

 

A.  The Committee is a public body established under and with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty conferred upon the Committee by statute or any rule or regulation of any agency of the Commonwealth.  All of the right, powers, and authority held by the Committee are retained by the Committee, except as provided for in this Agreement and any supplement thereto, and the exercise of said rights, powers and/or authority shall not be subject to the grievance procedure and/or arbitration.

 

      The parties agree that the operation of the Southampton Public Schools and the supervision of the employees and of their work, are the rights of the Committee alone. Accordingly, reasonable rules to ensure orderly and effective work; to introduce new methods and facilities; the making of work schedules; the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, lay off, recall, discipline or discharge of employees for just cause without discrimination; and the right to discuss terms and conditions of employment with the employees and to inform them concerning employment matters are exclusive rights of the Committee.

 

      The exercise by the Committee, of any of the foregoing rights, shall not alter any of the specific provisions of this Agreement; nor shall they be used to discriminate against any member of the bargaining unit.

 

B.   The Association understands that the Committee must comply with any law, rules, or regulations which control its fiscal budgeting process, and further acknowledges the right of the Committee to exercise its basic managerial right as to how it complies with such mandates.  The Committee agrees to collectively bargain with the Association over the impact of such decisions on wages, hours, and conditions of employment.

 

ARTICLE III - NEGOTIATION PROCEDURE

 

A.   The Committee agrees to negotiate with the Association over a successor agreement concerning wages, hours, and other terms and conditions of employment.

 

B.   If the negotiation carried out by the parties reaches an impasse, the advisory procedures set forth in the General Laws will be employed. Submission to voluntary arbitration under Section 9 of Chapter 150E is neither expressly nor implicitly included in this provision.

 

C.   The parties acknowledge that during the negotiations that resulted in this agreement each had the unlimited right and opportunity to make demands and proposals on any subject or matter not removed by law from the area of collective bargaining; that any such matters not covered herein have been voluntarily withdrawn as part of the consideration for making this agreement. Therefore, both parties unqualifiedly waive the right, and each agrees with the other that neither shall be obligated to bargain collectively with respect to any subject not covered by this agreement, except as may be otherwise provided for in any "reopening" clause contained herein, even though said subjects may not have been within the knowledge of one or both of the parties at the time this agreement was negotiated and signed.

 

D.   Since this agreement represents the entire understanding of the parties on all subjects covered by it, it may not be added to, deleted from or amended by anyone except the parties hereto. Before the Committee implements a change in policy which affects wages, hours, and other terms of this agreement, the Committee will notify the Association in writing.

 

E.   Any agreement reached with the Committee will be reduced to writing, will be signed by the Committee and the Association, and will become an addendum to this agreement.

 

F.   The Committee agrees not to negotiate with any organization other than that designated as the exclusive bargaining agent for this unit pursuant to the general laws relating to collective bargaining.

 

ARTICLE IV - AMENDMENT

 

A.    This agreement may be amended at any time by mutual written agreement of the Committee and the Association.

 

 

ARTICLE V -GRIEVANCE PROCEDURE AND ARBITRATION

 

A.    The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by the contract.  The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved; and nothing in this contract shall prevent any such employee from individually presenting any grievance of the employee.

 

B.    All references to the President of the Association under this article shall mean the President, or his or her designee.

 

C.    All time limits contained under this article shall consist of calendar days excluding Saturdays, Sundays, and legal holidays. Time limit requirements of this article, except as may be agreed to by both parties, shall terminate the grievance at that point.  If a grievance reaches Level IV and if time limits are an issue, the Arbitrator shall first determine the facts relating to such time limits and will declare the absence of a grievance if the facts indicate any unauthorized time limit deviation.

 

D.    If at the end of the ten (10) days next following the occurrence of any grievance, or the date of first knowledge of its occurrence by an employee affected by it, the grievance shall not have been presented at Level One of the procedure here set forth, the grievance shall be deemed to have been waived.

 

E.    If any employee covered by this Contract shall present any grievance without representation by the Association, the disposition if any, of the grievance shall be consistent with the provisions of this Contract; and if the Association shall so desire, it shall be permitted to be heard at each level of the procedure under which the grievance shall be considered.

 

F.    No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of Southampton for any employee involved in presenting such grievance.

 

G.    LEVEL ONE:          

a.     A teacher with a grievance shall first discuss it with the Principal either directly or through the Association's School Representative, with the objective of resolving the matter informally.

 

H.    LEVEL TWO:          

a.     If by the end of fifteen (15) days next following such presentation, the grievance shall not have been disposed to the employee's satisfaction, the employee may, within fifteen (15) days thereafter, file with the President of the Association a written statement of the grievance.  Within fifteen (15) days thereafter, such statement shall be reviewed with the employee by the said President of the Association, and if, after such review, the employee shall so desire, the grievance shall thereafter be presented in writing by the employee and the said President of the Association to the Superintendent.

 

I.      LEVEL THREE:      

a.     If by the end of the twenty (20) days next following such presentation to the Superintendent, the grievance shall not have been disposed of to the employee's satisfaction, the employee may, within fifteen (15) days thereafter, notify the said President of the Association in writing of the employee's desire to have the grievance presented to the School Committee; and within fifteen (15) days next, following receipt of such notice, the President and the Executive Board of the Association shall meet with the employee to decide whether or not the Association shall present the grievance to the School Committee.  If the President and the Executive Board of the Association shall so vote, the grievance shall thereafter be presented in writing by the Association to the School Committee; and within fifteen (15) days thereafter, the School Committee shall meet with the President, the Board and the employee in an effort to settle the grievance.

 

 

J.     LEVEL FOUR:        

a.     If by the end of the twenty (20) days next following presentation of the grievance in writing to the School Committee, the grievance shall not have been disposed of to the satisfaction of the President and the Executive Board of the Association, and if the grievance shall involve the interpretation or application of the any provisions of this Contract, the Association may move the grievance to arbitration by filing a written demand to arbitrate with the American Arbitration Association.  This written demand to arbitrate must be filed with the American Arbitration Association within twenty (20) days of receipt by the Association of the School Committee Level Three response to the grievance or within forty (40) days of the presentation to the School Committee if the School Committee does not respond.  All matters involving the arbitration of the grievance will be conducted under the rules of the American Arbitration Association.

 

b.    The Arbitrator so selected will confer with representatives of the School Committee and the Executive Board of the Association and hold hearings promptly and will issue his or her decision not later than twenty (20) days from the date of the hearings or, if oral hearings have been waived, this from the date of the final statements and proofs having been submitted to him or her  The Arbitrator's decision will be in writing and will set forth his or her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this contract.  The decision of the Arbitrator will be submitted to the School Committee and to the Association, and will be final and binding.

 

c.     The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the School Committee and the Association.  In no event shall any present or future member of the Committee have any personal obligation for any payment under any provisions of this Agreement.

 

 

ARTICLE VI -SALARIES

 

A.    Teacher salaries are set forth in Appendix "A" which is attached hereto and made a part hereof. Teachers will be paid in twenty-six (26) installments payable every other Thursday beginning with the second week in September of the new school year, with the option of receiving the balance of their pay by July 1st, if requested in writing before May 15th. In the event of a non-school day, payment will be made on the preceding business day if school is in session.  In the event of a school vacation, payment will be mailed on the last business day preceding the scheduled payment day.

 

B.    The position of Head Teacher, (if applicable), shall be posted annually no later than May 1 and shall be open to all teachers. The salary schedule for Head Teacher is set forth in Appendix "B" which is attached hereto and made a part hereof.

 

C.    The position of Mentor Facilitator, (if applicable), shall be posted annually no later than May 1 and shall be open to all qualified teachers. The salary schedule for Mentor Facilitator is set forth in Appendix "B" which is attached hereto and made a part hereof.

 

D.    The position(s) of Tech Support Teacher (if applicable) shall be posted annually no later than May 1 and shall be open to all teachers. The stipend for Tech Support Teacher is set forth in Appendix “B”, which is attached hereto and made a part hereof.

 

E.    The Committee agrees to deduct from the teacher's pay salaries, money for State and/or National dues and NEA and/or MTA services and programs as said teachers individually and voluntarily authorize the Committee to deduct and to transmit the moneys promptly to the Treasurer of the Southampton Teachers Association.  Dues deductions will be made in twelve (12) consecutive, equal installments starting with the first paycheck in October.  Teachers must give at least sixty (60) days notice to the Association to withdraw this authorization for a subsequent school year.

 

 

 

 

ARTICLE VII - TEACHING HOURS AND TEACHING LOAD

 

A.   School Hours

1.     The school day for students will begin at 8:50 A.M. and end at 3:10 P.M.

2.     The workday for teachers will begin at 8:35 A.M. and end at 3:20 P.M., except for duty days, individual parental conferences, and special help sessions.

3.     Said starting and dismissal times are subject to modification by the Committee, providing that no such modification will increase or decrease the length of the teacher's workday.

4.     Teachers will be allowed to leave the school building during their lunch, prep and recess periods without permission so long as they have no regular duties or indoor recess duties.  A "sign-out process" will be made available for those leaving the building.  Teachers shall be back at school before the start of their next classes.  Other than their lunch, prep and recess periods, teachers shall not leave the grounds at any time during the school day without the permission of the Principal. In the event the Principal is not available, permission to leave school grounds for emergency reasons may be granted at the discretion of the Assistant Principal.

 

B.   Work Year

1.     The work year of teachers shall include those regularly scheduled instructional school days, one orientation day and one staff development day at the beginning of the school year, one (1) open house, parental conference days and curriculum days. 

2.     Total days teachers are required to be present will not exceed one hundred eighty-four (184) days, including one (1) day after the closing of school for the purpose of completing unfinished business. 

3.     Newly hired teachers shall be scheduled for three additional days (for training and to meet with the Principal) before the rest of the faculty returns.  This provision may be waived at the Principal’s discretion for teachers returning after a year’s leave of absence or after a break in service.

4.     The above shall not infringe upon other terms of this contract such as personal days, sick days, professional days, etc.

 

C.   After Hours Activity

1.       Periodic staff meetings are necessary for reports and discussion of business and management matters.  These meetings could also be used for opportunities for input from staff concerning ongoing projects such as curriculum updates, or to discuss other work in progress. Teachers may be required to remain after the end of the regular workday without additional compensation for these meetings.  The frequency and length of these meetings will vary depending on topics to be discussed, and except for emergencies there should normally be no more than 20 meetings per year averaging  about one hour in length.

2.       Whenever possible, teachers will be notified of such meetings at least forty-eight (48) hours in advance.

3.       Teachers may be required to attend evening meetings each year, including National Education Week programs.  Teachers will also be required to schedule and participate in individual conferences with parents of pupils.

 

D.   Lunch and Recess

      1.   Paraprofessionals and/or monitors will be responsible for the supervision of the children in the cafeteria during the student lunch period. Each teacher will receive a 25-minute duty-free lunch period. Paraprofessionals and/or monitors will also assist with the noon recess period.

      2.   Teachers will be allowed to use recess time as preparation time except for duty days.

 

E.   Teacher participation in extracurricular activities will be strictly voluntary.

 

F.   Both parties hereto recognize the desirability of providing teacher preparation time where it does not detract from regular duties. Preparation time shall consist of non-duty recess and cafeteria times and when art, music and physical education specialists are responsible for classes.  Every teacher, including specialists but excluding nurses, will be scheduled for a minimum of 135 minutes of preparation time for every five days of school.

 

G.   Whenever Specialists have full responsibility for the class, teachers will not be required to give up any preparation or planning time to attend Chapter 766 Team Meetings or other Special Education meetings except under highly unusual circumstances.

 

H.   Teachers required to cover classes will be paid at a $20.00 hourly rate with a $10.00 minimum when said coverage results in deprivation of scheduled preparation time as referenced in Sections E(2) and G.

 

 

 

ARTICLE VIII - CLASS SIZE

 

A.    The parties agree that a workable class size is important to effective teaching.  To the extent reasonably possible, the Committee agrees it will target an average class size of fewer than twenty-five (25) students  for each grade and classroom while having no more than thirty (30) students in any one class.  The above class sizes apply to single-teacher classrooms.

 

B.    Teachers will be allowed discretion to decline the services of non-paid aides or volunteers in a class under his or her charge.  This provision shall not be construed so as to express or imply any obligation to provide aides or volunteers.

 

C.    The Committee agrees to submit budgets to the Town adequate in amount to fund the foregoing provisions.  If available funding results in a reduction of the budget as submitted, the Committee will notify the Association to negotiate over the impact of such under-funding on this Article.

 

 

ARTICLE IX - SPECIAL ASSISTANCE FOR TEACHERS

 

A.    So long as specialists are part of the faculty, the Committee and the Association recognize the fact that classroom teachers may require the assistance of certain specialists in order to effectively carry out their duties. 

 

B.    Classroom teachers will receive assistance at least once weekly whenever practicable from specialists and demonstrations and supervision from supervisors in art, music and physical education in order to ensure that their pupils receive qualified and competent instruction in such areas.

 

 

ARTICLE X - NON-TEACHING DUTIES

 

A.    The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his or her energies should, to the extent possible, be utilized to this end.

 

a.     Teachers will not be required to drive pupils to activities which take place away from the school building.

 

b.    Duty assignments shall be distributed to all teachers, excluding nurses, in a fair and equitable manner.

 

 

ARTICLE XI - TEACHER EMPLOYMENT

 

A.    Upon initial employment of a previously experienced teacher he/she will be placed upon the appropriate salary step, depending on his/her years of teaching experience and the professional judgment of the Superintendent but in no case to exceed the teacher’s years of teaching experience.

 

B.    Previously accumulated unused leave days will be restored to all returning teachers who return within three (3) years of the time they left the Southampton School System provided that they have not taught full-time in the interim.

 

ARTICLE XII - TEACHER ASSIGNMENT

 

A.    Whenever reasonably possible, teachers will be notified of their programs for the coming school year including the room to which they will be assigned, the grade level and/or subjects that they will teach, and any special or unusual classes that they will have, no later than June 1, or as soon as practicable.

 

B.    Reassignments

a.     To the extent reasonably possible, changes in grade assignments and/or subject assignments will be voluntary.

b.    Teachers will be notified by April 15th of any anticipated reassignment, with the understanding that their final placement could change due to budget actions.

c.     When a reassignment is deemed necessary, a teacher's strengths, major or minor fields of study, consecutive length of service in the Southampton School System, grade level, and subject area will be considered.

d.    A reassignment will be made only after a meeting between the teacher and the Principal, at which time the teacher will be notified of the reasons for the reassignment and be given a chance to discuss the reassignment with the Principal.  At his or her option, the teacher may have a representative of the Association present at such a meeting.

e.     In the event a reassigned teacher is dissatisfied with the above events, he or she may make an appeal to the Superintendent.

f.     No teacher will be reassigned arbitrarily or capriciously.

 

 

 

ARTICLE XIII-VACANCIES AND PROMOTIONS

 

A.    Whenever any newly created or existing vacancy in any professional position occurs during the school year (September to June), the Principal will adequately publicize it by means of a notice placed on the bulletin board.  Under normal circumstances, such posting shall be made for not less than ten (10) school days.  During the months of July and August a written notice of any such vacancy will be given as soon as possible to the President of the Association, or his/her designee. 

 

B.    In either situation, the qualifications for the position, its duties and the rate of compensation will be clearly set forth.  The qualifications set forth for a particular position will not be changed arbitrarily, capriciously or without basis in fact when such vacancies occur in the future.

 

C.    All qualified teachers will be given (10) days from the date of notification to the President of the Association or his or her designee to made applications for such positions, and the Principal agrees to give due weight to the professional background and attainments of all applicants, the length of time each has been engaged in teaching, grade level and other relevant factors.  When all other factors are substantially equal, preference in filling such vacancies will be given to qualified teachers already employed by the Committee.  Permanent appointments will be made as soon as possible.

 

D.    The Committee agrees to recall teachers on a seniority basis within their area of certification.  Teachers certified for vacancies shall be re-hired in the inverse order of their release.  If a recall offer is declined by a teacher within a two (2) year recall period, the individual will be granted restored benefits upon subsequent recall at the discretion of the School Committee.  This obligation will cease for any teacher who has been laid off for more than two (2) consecutive years.

 

 

ARTICLE XIV - REDUCTION IN FORCE

 

A.    In the event where a reduction in the number of classroom teachers in the unit becomes necessary due to decreased student enrollment, and/or financial shortage, the procedure shall be as follows:

 

a.     Thirty (30) calendar days before the reduction in the number of classroom teachers actually takes place, a notice shall be posted on the teachers' room bulletin boards or written notice provided by mail notifying the teachers of the impending action.

 

b.    If no teachers voluntarily choose to resign, and a teacher with professional status must be released, the first teacher to be let go shall be the last hired in the school system regardless of grade on a seniority basis; all subsequent teachers to be released on the same basis.

 

c.     Seniority shall mean the number of years, months and days of full-time, regular service, counted from the first actual day of work.  In cases of similarity, the date and order of hired shall determine seniority.  If a teacher takes an unpaid leave of absence or more than ninety (90) days, his or her seniority will cease to accrue for the remainder of the leave period.

 

d.    The Association agrees to prepare and submit annually and no later than January 30th, an updated teacher seniority list.  The Committee agrees to verify the list against its records.

 

 

ARTICLE XV - PROFESSIONAL GROWTH AND EVALUATION

 

A.    The goal of the Professional Growth and Evaluation process will be to assist teachers in developing their professional skills.

 

B.    Teacher evaluations will be performed as mandated by and in accordance with Chapter 71 of the Education Reform Act of 1993, Section 38, Teacher Performance Evaluations as updated by 603 CMR 35.00 “Evaluation of Educators

 

C.    Nurses will be evaluated through an ongoing and interactive process of multi-step assessment and dialogue between the teacher and Principal, with input from the Nurse Leader/Health Coordinator, throughout the academic year.

 

D.    No teacher with Professional Teaching Status (PTS) will be dismissed, disciplined, reprimanded, reduced in rank or compensation without good or sufficient cause. If a teacher with PTS is given a disciplinary action involving either a suspension or dismissal from employment, the teacher may elect to either follow the grievance to arbitration or follow the procedure set forth in Ch. 71, Sec. 42 of the Massachusetts General Laws. No teacher without PTS will be disciplined, reprimanded, or reduced in rank or compensation without good or sufficient cause.  If a teacher without PTS is given a disciplinary action involving suspension or dismissal from employment, the teacher must follow the procedure set forth in Ch. 71, Sec. 42 of the Massachusetts General Laws.

 

E.    All evaluation and observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher.  Teachers will, upon request, be given a copy of any evaluation report prepared by the Principal and will have the right to discuss such reports with the Principal. The Principal is required to confer with any teacher whose service has been rated unsatisfactorily in any respect, explain the ratings and plan cooperatively for improvement.

 

F.    Teachers will have the right, upon written request to the Superintendent, with at least twenty-four (24) hours advance notice, and after school hours, to review the contents of all of their personnel files.  A teacher may have an Association representative accompany him/her during such review

 

G.    No material derogatory to a teacher's conduct, service, character or personality will be placed in his or her personnel file unless the teacher has had the opportunity to review the material.  The teacher will acknowledge that he or she has had the opportunity to review such material by affixing his or her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof.  The teacher will also have the right to submit a written answer to such material and his or her answer shall be reviewed by the Superintendent and attached to the file copy

 

H.    Any credible complaints regarding a teacher relative to his or her professional conduct during school hours made to any member of the Administration by any parent, student or any other person will be promptly called to the attention of the teacher and his or her Principal

 

 

ARTICLE XVI - EDUCATOR FACILITIES

 

A.    The school will have available for all teachers a designated space in which they may securely store instructional materials and supplies, and a serviceable desk and chair.

 

B.    To the extent practicable within the existing building, the school will have the following available for teachers:

 

a.     An appropriately furnished room for the exclusive use of the professional staff, as a faculty lounge.

 

b.    An adequate portion of the parking lot will be reserved for teacher parking.

 

 

 

ARTICLE XVII - USE OF SCHOOL FACILITIES

 

A.    Subject to the consent of the Committee, acting through the Principal, the Association will be permitted to use school buildings without cost, at reasonable times, for meetings of its members.  Sufficient notice in advance of the time and place of such meetings shall be given to the Principal.

 

B.    A section of the bulletin board in each school building will be provided for the purpose of displaying Association notices, circulars and other Association materials.

 

 

 

ARTICLE XVIII - SICKNESS AND PHYSICAL DISABILITY LEAVE

 

A.    Availability and Accumulation

 

a.             All teachers will be credited with five (5) days of sick leave the first day of work and will receive ten (10) more additional days on the basis of one (1) day credit for each month actually employed, but not on non-paid leave of absence, to reach a total of, but not to exceed, fifteen (15) days per year.

 

b.            Sick Leave days except as provided in Article XIX, paragraph C (1) and Article XXVI are essentially a form of insurance protection for the teacher and are a potential right to compensation that does not vest in the teacher until the teacher has a personal illness or injury, preventing the teacher from reporting for work and performing his or her duties.

 

c.             Sick leave days may be accumulated from year to year to a maximum of two hundred (200) days.

 

d.            The Administration has the right to request a doctor's certificate if a teacher has been absent for four (4) consecutive days or fifteen (15) accumulated days during a school year.

 

e.             Teachers will be informed of their accumulated number of sick days prior to November 1 each year.

 

B.    Sick Leave Bank

 

a.             The Committee shall establish and maintain a Sick Leave Bank so as to enable the teachers covered by this contract to voluntarily contribute a portion of their sick leave for the use by any participating member whose sick leave accumulation is exhausted as a result of a prolonged illness or disability.

 

b.            Teachers may enroll in the program by donating two (2) days of their accumulated sick leave into the bank prior to September 15th. Newly employed teachers may enroll during the first ten days after initial employment begins if other than at the beginning of the school year.

 

c.             To make room for the participation of new teachers, the Sick Leave Bank’s total of accumulated days will be reduced by two days when a new teacher wishes to enroll.

 

d.            Individual teachers will be allowed to donate up to four (4) days to the Sick Leave Bank.  If, through the awarding of sick leave days, the collective accumulated days should drop to a total of twenty (20) or less, teachers will have the opportunity to contribute an additional two (2) days during that school year. Any teacher leaving the Southampton School System shall forfeit any benefit unless recalled and re-employed within three (3) years.

 

e.             At the end of each school year, the unused balance in the bank will accumulate from year to year.

 

C.    The Sick Leave Bank Committee shall be composed of:

 

a.             One School Committee Member

 

b.            One Association Member

 

c.             The President of the Teachers' Association

 

d.            The Superintendent of Schools

 

D.    Eligibility of Benefits

 

a.             Exhaustion of all accumulated sick and personal leave

 

b.            Individuals may use the bank only once during a school year.

 

c.             Incapacity for no less than fifteen (15) consecutive school days.  This requirement is subject to amendment by the Sick Leave Bank Committee.

 

E.    Benefits

 

a.             Benefits are limited to participating members who have fulfilled the requirements of eligibility and whose applications have been approved by a majority of the Sick Leave Bank Committee.

 

b.            Benefits are not available to individuals on leaves of absence for which compensation is not being made by the District.

 

c.             In no case shall the Sick Leave Bank Committee award more than twenty (20) days from the Bank without a review at the conclusion of each twenty (20) days of benefits for any one individual at any one time.

 

d.            The following table will be used as maximum allowable days.  All requests will be weighed on an individual basis by the Sick Leave Bank Committee.

 

                                    Number of Years in Southampton          Allowable Days

                                    1st year                                                            15 days

                                    2nd year                                               18 days

                                    3rd year                                                            21 days

                                    4th year                                                            24 days

                                    5th year                                                            27 days

                                    6th year                                                            30 days

                                    7th year                                                            33 days

                                    8th year                                                            36 days

                                    9th year                                                            39 days

                                    10th year and thereafter                         42 days

 

The Sick Leave Bank Committee shall establish rules and procedures for the actual operation of the Bank subject to the approval of the School Committee and the Association.  Decision of the Sick Leave Bank Committee will not be subject to the grievance procedure.

 

 

ARTICLE XIX - TEMPORARY LEAVES OF ABSENCE

 

A.    Personal Days

a.     Teachers will be granted three (3) days of personal leave annually, with four (4) days annually for teachers with ten or more years of service to the Southampton School District. Personal leave shall not accumulate from year to year nor be deducted from sick leave, upon the following terms and conditions.

                                          i.    The personal day must be for conducting business which cannot be taken care of after school hours and may not be used to extend holidays or vacations without the Principal's prior approval

                                         ii.    The teacher must give the Principal five (5) school days written notice in advance of the desired days, except in cases of emergency, stating the reason

                                        iii.    The Principal's approval will be discretionary, but will not be withheld arbitrarily, capriciously or without basis in fact

                                        iv.    Religious days will become a reason for using a paid personal day or days. 

 

B.    Professional Leave

a. Teachers are encouraged to request leave days for professional visits to other school systems or to attend conferences or workshops. Whenever possible, requests for professional leave shall be filed with the Principal at least five days in advance, using a standard form.

b.Professional leave will be granted equitably among all teachers throughout the year.

 

C.    Family Illness leave

a.     Teachers may utilize up to five (5) of their sick leave days per school year for absences necessitated by reason of serious illness of relatives residing within the teacher's immediate household.

b.    Any teacher absent due to an illness in the immediate family for a period greater than two (2) consecutive weeks must accept an extended leave of absence without pay for a minimum of one (1) month, except in cases determined by the Committee to be extraordinary wherein the Committee shall exercise the option to permit an extension of absence beyond the original two (2) weeks.  Under those terms a teacher will be reinstated to his/her original status at the termination of the extended leave, providing this absence does not exceed six (6) months. Notice of impending return after a leave of absence must be furnished to the Superintendent at least two (2) weeks in advance.

 

B.    Maternity Leave

a.     Teacher maternity leave of up to fifteen (15) months will be granted upon request.  A teacher will notify the Superintendent of Schools, in writing, at least twenty-two (22) days in advance of her intent to take such leave. Continued employment will depend upon physical condition of the teacher in question.  Appropriate medical evidence of fitness will be required prior to return from such leave.  The parties agree to abide by the statutory provisions of Chapter 149, Section 105D of the General Laws of Massachusetts and any applicable rules and regulations of the Massachusetts Commission against Discrimination.

b.    Maternity leave may be extended at the discretion of the Superintendent.

c.     If a teacher returns to school in the same year as the maternity leave, she shall return to the same teaching assignment. If the return to school is in a year subsequent to the maternity leave, the teacher shall return to the same position if possible, but it will not be guaranteed.

d.    Teachers are encouraged to return for the opening of the school year in September or directly following the December break in January.  A teacher planning to return is requested to notify the Superintendent of her intent, in writing, by April 1 or November 1 of that calendar year.  Failure to so notify the Superintendent by these dates will be considered as notice that the teacher does not wish to return for the next closer school opening, i.e. September or January.

e.     Under unusual circumstances, teachers may return to work following twenty-two (22) days after written notice to the Superintendent.

f.     In all cases, when an employee returns from a maternity leave, her status relative to accumulated and accumulative sick leave and benefits and her position on the current salary schedule will remain the same as it was prior to her maternity leave.

g.    Any teacher leaving after January 1 will be credited with a full year of teaching experience.

h.     Maternity leave will be non-paid except as prescribed by the General Laws of Massachusetts.

 

C.        Bereavement Leave

a. Teachers will be allowed up to five days bereavement leave with full pay for each incident in the event of the death of a spouse, parent, grandparent, child, grandchild, sibling, in-law or step-relative

b.The Principal may grant up to three bereavement days for other situations not listed above.

 

D.    Other non-paid emergency leave may be granted by the Superintendent of Schools.

 

E.    Association Delegate Leave

a.     Time necessary for the two (2) Association delegates to attend Massachusetts Teachers' Association and/or National Education Association conferences and conventions will be granted by the Principal, provided that the accumulative amount of time taken by such delegates will not exceed two (2) days per school year.

 

F.    Legal and Jury Duty

a.     Teachers will be granted up to three (3) legal days if they are subpoenaed to appear as a witness in court.  These days will be granted at full pay with the District paying the difference between any witness fee and their normal per diem salary.  These days shall be in addition to any personal or sick days.

b.    When a teacher serves on jury duty during school work-days, compensation will be continued without loss of vacation, sick leave, longevity or other similar fringe benefits.  Such compensation will be based upon the regular salary amount minus the amount of court payment to the teacher for jury service.

 

G.    Contract Employment

a.     Teachers may be employed by the District to work beyond the specified school year and/or school day and be compensated for such work as is consistent with summer program or tutoring payment scale accepted by the District.

 

H.    All requests for leave will be submitted in writing to the Superintendent after approval by the Principal.  In the event of an emergency, an oral request may be made but a written request must be made after the teacher has returned from such leave.

 

 

ARTICLE XX - PROTECTION

 

A.    All cases of assault suffered by teachers in connection with their employment will be reported immediately, in writing, to the Principal and the Superintendent. The Administration will render all reasonable assistance to the teacher in connection with handling of the incident by law enforcement, legal, or medical authorities.

 

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

 

C.    All personal effects damaged by assault or any natural causes such as flood or fire while on School property will be reimbursed by the School Committee only to the amount not covered by the teacher's personal insurance.

 

 

 

ARTICLE XXI - INSURANCE PLANS

 

A.    The Committee will provide the following types of insurance, with a portion paid for the teacher by the Town at the same rate as other Town of Southampton municipal employees:

a.     A term life insurance plan of the type presently available to teachers.

    1. Health insurance benefits shall be offered with the same plan options and carriers as those offered to other employees of the Town of Southampton.

 

B.    An employee on involuntary leave may continue to receive group insurance coverage made available to all staff members by the Committee at the discretion of the Town. 

 

C.    Upon retirement, Group Medical Insurance and Life Insurance may continue if the retiree wishes to pay the Town fifty percent of the premium. Teachers who receive a disability retirement will be allowed to stay on the Town's plan, or the equivalent type of program if the Town is under the State's group medical plan for retired and disabled workers.  (GLC 12S, 11B)

                                                                                   

 

 

ARTICLE XXII - PROFESSIONAL BEHAVIOR

 

A.    The Committee and the Association recognize the abuses of sick leave or other leaves, chronic tardiness or absence, willful deficiencies in professional performance, reflect adversely upon the teaching profession and create undesirable conditions in the school building.  The Association shall work with the Committee in promoting attitudes and behavior most beneficial to the Southampton School System.

 

 

 

ARTICLE XXIII - PROFESSIONAL ADVANCEMENT

 

A.    Qualifications for Step Increments

a.     In order to qualify for continued step increments on the Bachelor and Master Degree Scales, a teacher shall produce evidence of satisfactory completion of at least the following number of semester hours of study approved by the Superintendent of Schools, viz.:

b.           For progression on the Bachelor's Scale:

                                  i.    From Level 3 to Level 4, three (3) hours

                                 ii.    From Level 5 to Level 6, six (6) additional hours

c.         For progression on Master's Scale:

                                  i.    From Level 3 to Level 4, three (3) hours

                                 ii.    From Level 6 to Level 7, three (3) additional hours

B.    Any credit which a teacher intends to apply for placement on the B15 salary column must have been earned subsequent to the awarding of the BA degree and for the M15, M30 or M45 credit, subsequent to the earning of the MA degree.  No excess credits earned in an undergraduate program or in excess of the Master's Degree while enrolled in the Master's Program will be eligible for such placement.  Credits earned in any "district" program will be applied toward scale placement regardless of this provision

a.     Course approval from accredited and non-accredited institutions shall be requested and secured in advance, in writing.  Course requirements must be completed prior to the beginning of the contractual year in order to be considered for placement on the salary scale for such year.

b.    In the event a teacher has submitted a certificate from an accredited institution of higher learning that such teacher is enrolled at said institution in a prescribed course leading to an advanced degree at such institution, the courses required for such degree shall receive automatic approval for credit under this article.

c.     In the event that a teacher anticipates a column change (for example, from M15 to M30), he/she must submit such notice in writing no later than November 1 of the year prior to the anticipated column change.

d.    Salary increments due to column changes shall be granted in September or February. All paperwork verifying the completion of earned credits leading to the column change must be submitted no later than August 31 for a column change the following February, or January 31 for a column change in September of that same year.

C.    In-district training (programs aimed at instructing the teaching staff relevant to improving the educational process within our local schools) will be offered by the Administration and appropriate credit value will be given by the local School Committee.  Such programs may be initiated from within the staff subject to approval by the Superintendent.  Criteria for acceptance will meet all DOE guidelines, include a qualified instructor and submission of a detailed description of the course, the product/outcome produced by the study, and relevancy to the educational program within our local schools.

D.    The Committee will pay the expenses (fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences or other professional improvement sessions at the request of the Principal or Superintendent.  Such days will be considered Professional Days and are not to be taken from other available leave days.

 

ARTICLE XXIV - GENERAL

 

A.    As sole collective bargaining agent, the Association shall 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 Association shall represent equally all persons without regard to membership participation in or activities in any employee organization.

 

B.    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.

 

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

 

D.    It is understood that all time limits referred to in this contract shall consist of work days unless otherwise specified

 

ARTICLE XXV - STRIKES AND SLOWDOWNS

 

A.   During the term of this Agreement, the Parties hereto agree that there shall be no strikes of any kind whatsoever, work stoppages, withholding of services, slowdowns or interference or interruption of the operation of the School Department by any employees or the Association.

 

B.   Nor shall there by any strike or interruption of work, during the term of this Agreement, because of any disputes or disagreements between any other persons (or other employers' unions or associations) who are not Signatory Parties to this Agreement.

 

C.   Employees who violate this provision shall be subject to disciplinary action, including discharge, and any claim by either Party against the other of a violation of this Article shall be subject to arbitration, as provided for on page 4 of this Agreement.

 

 

ARTICLE XXVI - UNUSED SICK DAY REIMBURSEMENT

 

A.    A teacher who retires under the Massachusetts Teachers Retirement System and who has more than twenty (20) years of service with the Southampton Public Schools will be reimbursed for half of his or her unused sick leave, to a limit of 100 days, at the current substitute daily rate of pay.

 

 

ARTICLE XXVII - DURATION

 

A.    The clauses in this contract will be effective as of September 1, 2012, and will continue and remain in full force and effect until August 31, 2015.  The parties agree that they will meet no later than November 15, 2012 to discuss the timetable for negotiating compensation for years two and three of this agreement and further agree to make every effort to conclude those negotiations before May 1, 2013. Contract clauses are not intended to be discussed during this special negotiation period unless both parties agree that further negotiations are desired.

 

B.    The parties agree that no later than October 15, 2014, they will enter into negotiations for a successor contract to become effective as of September 1, 2015.


 

 

APPENDIX A

TEACHER SALARIES

 

 

SOUTHAMPTON SALARY SCHEDULE       2012-2013

1%

BA

B15

MA

M15

M30

M45

M60/CAGS

DOC

Appendix A will be updated to include a 1% increase in all blocks for year 1. Year 2 and 3 negotiations have been deferred until next Fall/Spring.

 

base

     39,380

     40,642

     43,684

     44,963

     46,230

     47,012

       47,793

     49,891

1

     40,893

     42,239

     45,229

     46,511

     47,793

     48,583

       49,372

     51,452

2

     42,401

     43,684

     47,013

     48,329

     49,645

     50,426

       51,207

     53,323

3

     44,199

     45,484

     48,841

     50,157

     51,452

     52,254

       53,056

     55,190

4

     45,996

     47,279

     50,671

     52,063

     53,323

     54,124

       54,923

     57,092

5

     47,793

     49,086

     52,789

     54,106

     55,458

     56,266

       57,073

     59,246

6

     51,519

     52,744

     54,923

     56,261

     57,604

     58,424

       59,246

     61,436

7

 

     55,437

     57,073

     58,424

     59,775

     60,606

       61,436

     63,638

8

 

 

     61,533

     62,960

     64,361

     65,233

       66,105

     68,409

 

 

 

 

 

 

 

 

 

 

APPENDIX B

 

 

                                   2012-2013

 

Head Teacher               $2,575.50

 

Tech Support Teacher   $2,575.50

 

Mentor Facilitator          $1,515.00

 

Appendix B will be updated to include a 1% increase in all blocks for year 1. Year 2 and 3 negotiations have been deferred until next Fall/Spring.

 
 

 

 

 


 


APPENDIX C

 

 

Fill out, sign, and return to the Superintendent’s office.

 

A copy of this form will be returned to you as an acknowledgement of your donation.

 

 

 

 

 

 

 

SOUTHAMPTON SICK BANK

 

DONATION FORM

 

 

 

 

            In accordance with provisions and restrictions of Southampton School Committee

 

            policy, I hereby donate the sum of _______ days (maximum of 2 days/year) to the Sick Bank.

 

 

 

            ______________________________________        ____________

            Employee                                                                    Date

 

Form must be submitted by September 15 of the year you wish to donate.

 

New hires may contribute in their first year if they declare the contribution within ten days of their hire date.

 

*  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *

 

 

             Donation acknowledged:  _________________________________