|Shared Contract District|
|Type of District||Municipal K12|
|Most Recent Document||MOA|
|Regional HS Members|
|Vocational HS Members||Blackstone Valley RVSD|
|Kind of Community||small rural communities|
|Number of Schools||4|
|Percent Low Income Students||9|
|Grade Start||PK or K|
SUTTON EDUCATION SUPPORT ASSOCIATION
SUTTON SCHOOL COMMITTEE
July 1, 2007 June 30, 2010
Extended by MOA t o June 30, 2012
383 Boston Road, Sutton, Massachusetts 01590
Both parties recognize that under the laws of the commonwealth of Massachusetts, the committee has the exclusive right, responsibility, and final authority for establishing the policies for the control, direction, and management of the school department. Therefore, it is understood and agreed that this Agreement concerns those matters of wages, hours, and conditions of employment, which have been expressly bargained for and are included herein, and expressly reserves those powers prerogatives, and authority, not expressly abridged or modified by this agreement, to the committee. Further, both parties agree that it is their responsibility to abide by the terms of this agreement for its duration.
It is agreed that management of the committee shall at all times retain the right to:
a. Direct, hire, promote, transfer, assign and retain employees within the school district
b. Suspend, demote, discharge, or take other disciplinary action against non-probationary
employees for just cause.
c. Relieve employees from duties because of lack of work or for other legitimate reasons,
to maintain the efficiency of operations entrusted to them.
d. Determine the methods, means and personnel by which such operations are to be
e. Conduct school system operations in a safe and most efficient manner.
f. Take whatever actions may be necessary to carry out the mission of the school district,
subject to the provisions of this agreement.
g. Evaluate Associate employees in accordance with this contract and district job
The parties further recognize and agree that except as otherwise specifically provided by this Agreement, the Committee, Superintendent and principal continue to retain, whether exercised or not, the right to exercise in their sole discretion the duties, powers, responsibilities and rights provided by the Laws of Massachusetts, and the applicable rules and regulations of administrative agencies issued under such laws in the control, discretion, and management of the SUTTON SCHOOL SYSTEM.
The Sutton School Committee (hereinafter referred to as the Committee) recognizes the Sutton Education Support Association (hereinafter referred to as the Association) as the exclusive bargaining representative for all 12 month and school year support staff, whether full time or part time. This includes: Head Cook, second cook, cashier, cafeteria helper, salad person, classroom aide, special education aide, library aide, secretary, custodian, bus driver and therapist employees employed by the Sutton public school committee and excludes the accounts payable clerk, human resources clerk, the co-facilities managers, the secretary to the superintendent, the secretary to the school Committee, cafeteria manager, all managerial, confidential and casual employees and other employees. The addition of any positions not listed in this paragraph or in the rate schedule will be negotiated between the committee and the association with its representatives present.
BARGAINING UNIT CLASSIFICATIONS:
Special Education Aides
Association employees shall be classified into three categories: calendar year, school year and part time employees. Calendar year employees are those who work on a 12-month contract. School year employees are those who work for the school year or for a period of time defined by or based on the school year. Part time employees work for less than 1,040 hours per calendar year.
2007-08 3% 1% plus vacation roll in
2008-09 2.5% 2%
2009-10 2.5% 2.5%
*Bargaining unit members hired after July 1, 2007 remain on current salary schedule and do not receive a retroactive pay raise for FY 2008. Employees on staff prior to June 30, 2007 whose salaries were frozen for FY 2008 will receive a retroactive pay raise for FY 2008 and have the appropriate amount of their annual vacation accrual rolled in to their regular salary.
The district will endeavor to assign reasonable workloads to all members. Any increase to the workload of its members will be discussed with the impacted employee prior to the assignment being finalized. Accommodations will be made where applicable including the deletion of work currently performed in order to accommodate the new work and or offering additional hours of work at the applicable overtime rate.
All vacancies in the bargaining unit and in promotional positions caused by death, retirement, discharge, resignation, or by the creation of a new promotional position shall be filled pursuant to the following procedure:
a. During the months of July and August, written and electronic (website and email) notice of vacancies shall be forwarded to all members of the bargaining unit who advise the Superintendent and their respective principal in writing prior to the last day of school in the spring semester that they wish to receive notice of a vacancy.
b. Qualifications for the position, its duties, and rate of compensation will be clearly set
c. Bargaining unit members who desire to apply for such vacancies shall file their applications in writing with the office of the building principal within the time limit specified by the notice.
d. Candidates from both within and without the school system shall be eligible to fill the vacancies.
e. Appointments to such positions shall be on the basis of ability and classification seniority and shall be made at the sole discretion of the principal with the review and approval of the Superintendent. The principal, with the review and approval of the Superintendent, agrees to give due weight to the professional background and attainments of all applicants, the length of time each has worked in the school system, and any other relevant factors. Appointments will be made without regard to race, creed, color, religion, nationality, sex, marital status, or age.
Probation Period: Six month from first day of work.
Whenever a bargaining unit member is required to work in a higher paying classification or job for two (2) hours or more during his/her workday he/she will be paid a $35 stipend in addition to their regular hourly rate. Out of title work must be approved in advance by the building Principal, Director of Special Education, or other supervisory personnel.
Bargaining unit members with more than one year of service shall be credited with sick days on the first workday of the fiscal year subject to the following schedule:
A. Calendar Year 15 sick days
B. School Year 10 sick days
C. Part time 5 sick days
1. There shall be no limit on the amount of sick days that can be accumulated.
2. An employee may only use sick leave when such employee is sick, injured, or an immediate medical procedure is required.
3. An employee may be required to furnish a doctors certificate after an absence of three (3) consecutive working days due to illness.
4. The parties agree that use of sick leave for reasons other than illness constitutes a misuse of the benefits provided. The Association agrees to work with the Committee whenever misuse of the sick leave program is documented in an effort to control such a problem. The Committee reserves its rights under the law to take reasonable disciplinary action whenever circumstances dictate.
5. Whenever a bargaining unit member decides to retire pursuant to the retirement laws of Massachusetts the Committee agrees that it will pay to such members twenty-five ($25.00) dollars for each day of unused accumulated sick leave in excess of one hundred eighty (180) days. Bargaining unit members intending to avail themselves of this benefit must notify the Committee not later than January 15th of the final school year of such members service. It is understood that this means the buy back money will not come forth until the following fiscal year. By mutual agreement the parties may agree to waive the January 15th deadline for notification to the Committee.
6. If a member of the bargaining unit selects prepayment of the days beyond one hundred eighty (180) days and uses any of the remaining days, said member shall reimburse the school system for each day used.
The Committee shall grant all bargaining unit employees the following temporary leave of absence with pay each school year upon recommendation of the Superintendent and upon approval.
1. One (1) day when an emergency or illness, injury, or death in the immediate family requires a bargaining unit member to make arrangements for the necessary medical and nursing care.
2. Funeral leave up to three (3) days at any one time in the event of a death in the immediate family ("immediate family" is construed to include only husband, wife, life-partner, mother, step-mother, father, step-father, brother, step brother, sister, step-sister, children, step-children, grandparents, grandchildren, father-in-law and mother-in-law).
3. For the birth or adoption of a calendar year or school year unit members child the staff member may use his/her compliment of personal days.
4. Personal Leave: Personal leave shall be granted according to the following schedule:
a. Calendar Year 2 days per year
b. School Year 1 day per year
c. Part time 1day per year
Personal leave days are intended to be used to permit absences that are unavoidable for compelling personal issues. Typical examples of the use of these days would include legal, banking, insurance consultations, graduations, funerals not covered under the contract, real estate transactions, or pressing personal matters that cannot be scheduled on an employees own time.
a. Calendar year or school year unit members shall not utilize more than two of their accrued personal days consecutively. For purposes of this subsection, Friday and Monday or the days before and after a holiday or vacation shall be construed as consecutive days.
b. Personal days are not available for use to extend or anticipate a holiday or vacation. However, if a request for personal leave must be made on days preceding or following a holiday or vacation, the Superintendent may determine if the reason for the request is to extend said holiday or vacation. If the purpose of the personal day is not to extend a vacation or holiday, the personal day shall be granted.
c. A calendar year or school year unit member with perfect attendance over the whole school year (no absences) may utilize one additional personal day in the subsequent school year for any purpose in addition to those stated above. At no time will a unit member be allowed to carry over more than two (2) personal days to the next school year.
5. Leave to attend work related courses/work shops or seminars. Upon the approval of the building principal and/or the superintendent an unpaid leave of absence may be granted to an employee to enroll in a course, workshop, or seminar that begins before the end of the school year.
Maternity Leave shall be granted subject to the following:
A female employee who has completed the initial probationary period set by the terms of her employment or, if there is no such probationary period, has been employed by the same employer for at least three (3) consecutive months as a full-time employee, who is absent from such employment for a period not exceeding eight (8) calendar weeks for the purpose of giving birth, said period to be hereinafter called maternity leave, and who shall give at least one month notice to her employer of her anticipated date of departure and intention to return, shall be restored to her previous or similar position with the same status, pay, length of service credit, and seniority, wherever applicable, as of the date of her leave. Said maternity leave may be with or without pay at the discretion of the employer. (*Section 1 is a copy of General Laws, Chapter 149, §105D, October 15, 1972.) Maternity leave begins the day after the childs birth.
Such employer shall not be required to restore an employee on maternity leave to her previous or similar position if other employees of equal length of service, credit, and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such maternity leave; provided, however, that such employee on maternity leave shall retain any preferential consideration for another position to which she may be entitled as of the date of her leave.
Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans, or programs for which she was eligible at the date of her leave, and any other advantages or rights of her employment incident to her employment position; provided, however, that such maternity leave shall not be included, when applicable, in the computation of such benefits, rights, and advantages; and provided, further, that the employer need not provide for the cost of any benefits, plans, or programs during the period of maternity leave unless such employer so provides for all employees on leave of absence.
Employees who are requested and volunteer to return to work after the conclusion of their regular shift will be compensated for a minimum of (two) 2 hours at their time and one half rate. All work performed on a holiday will be compensated at two times the regular rate.
The Committee retains the right to reduce the number of bargaining unit members on its staff. When reductions in staff are necessary an employees qualifications, performance, and seniority will be considered.
Unit members shall be entitled to recall for a period of one year, in the inverse order of lay off, provided that the same criteria used for lay off shall apply to recall.
Item 1 Definitions
Item 2 Informal Procedure for Complaints
Any members of the association having a complaint may discuss it with his/her supervisor. Failure of the supervisor to respond within five (5) school days shall be deemed a denial of the grievance. A written response will be forthcoming. No resolution of any complaint under the informal procedure shall, however, have any effect as an amendment to or modification of any of the provisions of the Agreement or as a precedent for formal grievance procedure unless the Association and the Committee agree in writing. Pursuit of the informal procedure shall not be condition to pursuing the formal procedure.
Item 3 Formal Procedure
The purpose of this Article is to provide an orderly method for the settlement of disputes between the parties over a claimed violation of a specific provision of the Agreement. Such a dispute shall be defined as a grievance under this Agreement and must be presented promptly and be processed in accordance with the following steps, time limits, and conditions herein set forth. If a grievance affects a group or a class of employees from more than one school, the Association may commence a grievance on behalf of such group of class at Level 2 by submitting the grievance in writing to the superintendent. Said grievance shall describe the group or class of employees affected.
The following matters shall not be subject to grievance-arbitration under this agreement or other recourse:
Ø Any matter involving the exercise of discretion accorded management under this Agreement.
Ø Disputes over alleged unlawful discrimination.
Ø Changes in job descriptions or assigned duties or classifications.
Ø Any incident that occurred or failed to occur prior to the effective date of this Agreement.
Ø Grievances involving suspensions will not be subject to this Article. Such appeals are subject to Chapter 71, Section 42D of the M.G.L. as amended by the Education Act of 1993.
Level One: Within five (5) days of the event giving rise to the grievance the grievant shall present a written grievance to the principal or supervisor. The grievance shall cite the article(s) of the alleged violation and include reasonable details such as dates. The principal or supervisor and if he/she so desires, a member of the Association shall meet within five (5) school days thereafter in an effort to settle the grievance. Use of the informal procedure does not negate or alter level on time lines.
Level Two: If the grievance is not resolved under Level One to the satisfaction of the grievant and/or the Association within five (5) school days after such meeting in Level One above, the grievant or a representative of the Association shall not later than ten (10) school days after the written response under Level One was received, present a written statement of the grievance to the superintendent who shall meet with the grievant and a representative of the Association within ten (10) school days thereafter in an effort the settle the grievance.
Level Three: If the grievance is not settled in Level Two, the Association may request a hearing before the School Committee, by submitting a written request, which may include a written summary of the basis of the grievance, to the superintendent within ten (10) days of the Level Two response. The superintendent will present the request to the School Committee in executive session at the next available meeting, and shall communicate the School committees decision to the Association in writing within five (5) days of the decision. If the decision is a denial of the request, then the superintendents writing notification of the denial to the Association shall serve as the Districts Level Three response for the purposes of this Article. Should the School Committee elect to have a subcommittee hear the grievance, then the hearing shall be scheduled at a time mutually agreeable to the parties. Thereafter, the Committees written Level Three response shall be due within thirty (30) days after the hearing.
Level Four: Arbitration-If the grievance is not settled at the foregoing levels and it involves the claimed violation of the specific arbitrable provision of the Agreement, then the Association may seek arbitration by filing a written demand for arbitration with the American Arbitration Association within thirty (30) calendar days of the Districts answer in Level Three. A copy of the demand shall be delivered to the Committee through the superintendents office at the same time.
The then current rules and procedures of the American Arbitration Association applicable to voluntary labor arbitration shall apply to the extent not inconsistent with any express term of this Agreement.
The arbitrators decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibits by law or which violates or would alter, add or detract from or modify the terms of this Agreement. The decision of the arbitrator, if in compliance with the law and the terms of this Agreement, shall be final and binding upon the Committee and the Association.
The cost 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 Committee and the Association, but each party shall bear its own expenses of the presentation of its case.
Neither party will be permitted to assert any grounds before the arbitrator, which were not previously disclosed to the other party.
Annual increments are granted each year on July 1 and are subject to a satisfactory evaluation.
All full-time calendar year bargaining unit members shall be granted a maximum of thirteen (13) paid holidays during the calendar year. If a holiday falls on a Saturday it is celebrated on that day without any further compensation. Holiday pay will be granted for holidays that fall on Sunday and are celebrated on Monday.
1. New Years Day 8. Labor Day
2. Martin Luther King Day 9. Columbus Day
3. Presidents Day 10. Veterans Day
4. Patriots Day 11. Thanksgiving Day
5. Good Friday * if school is not in session 12. Friday following Thanksgiving
6. Memorial Day 13. Christmas Day
7. Independence Day
All full time school year bargaining unit members shall be granted a maximum of nine (9) paid holidays as listed below, for the normal number of hours the employee works each week. If a holiday falls on a Saturday it is celebrated on that day without any further compensation. Holiday pay will be granted for holidays that fall on Sunday and are celebrated on Monday.
1. New Years Day 6. Columbus Day
2. Martin Luther King Day 7. Veterans Day
3. Good Friday * if school is not in session 8. Thanksgiving Day
4. Memorial Day 9. Christmas Day
5. Labor Day
All part-time school year bargaining unit members shall be granted a paid holiday for the holidays listed below, for the normal number of hours the employee works each day. If a holiday falls on a Saturday it is celebrated on that day without any further compensation. Holiday pay will be granted for holidays that fall on Sunday and are celebrated on Monday.
1. New Years Day
2. Memorial Day
3. Labor Day
4. Columbus Day
5. Thanksgiving Day
6. Christmas Day
7.Good Friday * if school is not in session
All members of the bargaining unit shall be required to select one of the following options:
· Become a member of the Sutton Education Support Association,
· Pay an agency service fee as determined by the Massachusetts Teachers Association.
All members of the bargaining unit must become members of the Association or pay the prescribed agency service fee within 30 days from the date of hire. Failure to do so will result in the employees termination from employment.
The Committee agrees to provide copies of this Agreement to all staff members. The Association and the Committee will share the cost of printing the contract equally.
All Bargaining unit members required to perform jury duty shall receive leave with pay for the duration of such duty and shall be paid by the Sutton Public Schools the difference between the compensation received for such jury service, exclusive of mileage reimbursements and the members regular salary.
1. All employees will immediately report all cases of assault suffered by them in connection with their employment to their immediate supervisors.
2. This report will be sent to the building principal and the Superintendent who will comply with any responsible request from the employee for information in its possession relating to the incident or the persons involved and will serve as a liaison between the employee, the police, and the courts.
3. The Superintendent and/or the Committee agree to provide the member with the extent of protection provided in accordance with Chapter 258 of the General Laws of Massachusetts.
Vacation requests during the school year in excess of three days are subject to advance approval by the superintendent or his/her designee and require 21 day advance notice by the member. For vacation request less than three days, a five day advance notice by the member is sufficient. Vacation days cannot be taken the week before school begins. Vacation days should be scheduled when school is not is session whenever possible.
Calendar year only.
6 months to 1 year= 1 week
1-5 years= 2 weeks
5-10 years= 3 weeks
10+ years= 4 weeks
When the principal or superintendent approves a unit members attendance at workshops, seminars, or conferences, the Committee shall pay reasonable expenses including but not limited to registration fees, meals, lodging, or transportation incurred by SESA members.
In addition to the basic compensation as provided herein, all full-time calendar and full time school year employees covered under the terms of this Agreement shall receive additional compensation as hereinafter provided:
Ø Seven hundred fifty dollars ($750) upon the completion of twenty (20) years service.
Longevity payments will be included in the employees final pay period of the fiscal year.
This Agreement and its provisions shall be effective from July 1, 2007 and shall remain in full force and effect up to and including the 30th day of June, 2010 and thereafter shall automatically renew itself in terms of one year provided, however, that either party may, on or before the 1st day of the November preceding June 30, 2010 give written notice to the other of its desire to extend or revise this Agreement for the period to commence the 1st day of the following July. Either party may terminate this Agreement by such notice as is described above or at any time following the termination date set forth above by written notice, one to the other.
IN WITNESS WHEREOF, the parties hereto cause this instrument to be executed in their names
and on their behalf by the duly authorized officers thereto this
_________ day of ___________________________, 2008.
A. If any provision of this Agreement is or shall at any time be contrary to law, then such provision shall not be applicable or performed or enforced, except to the extent permitted by law, and substitute action shall be subject to appropriate consultation and negotiation with the Sutton Educational Support Association.
SESA COMMITTEE SUTTON SCHOOL COMMITTEE
MEMORANDUM OF UNDERSTANDING
THE SUTTON SCHOOL COMMITTEE
THE SUTTON TEACHERS' ASSOCIATION
This Agreement is made and entered into by and between the Sutton Teachers' Association (Association) and the Sutton School Committee (Committee.) This Memorandum of Agreement amends the collective bargaining agreement which was in effect as of the first day of the 2010-2011 school year and continues in effect to and including the day prior to the start of the 2011-2012 school year.
Where said collective bargaining agreement is not amended, modified, or revised by this Memorandum of Agreement, then such provisions shall remain in full force and effect for the duration of the collective bargaining agreement. Now, therefore, the parties hereby agree to the following terms which will go into effect on the 91st day of the 2010-2011 school year:
Association members will defer their step and lane changes until the 91st day of the 2010-2011 school year. All teachers who do not advance to a step with a salary increase will receive a one-time payment of $400. Upon commencement of the 2011-2012 school year, members will progress through the steps in the ordinary fashion.
For the Committee For the Association