Show detailed information about district and contract

Shared Contract District
Org Code310000
Type of DistrictMunicipal K12
Union AffiliationAFT
Most Recent DocumentContract
Expiring Year2012
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersShawsheen Valley RTSD
ESE RegionNortheast
Kind of Communityeconomically developed suburbs
Number of Schools9
Percent Low Income Students3
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Billerica


between the


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September 1, 2009 – August 31, 2012



The School Committee of the Town of Billerica and the Billerica Federation of Teachers, Local 1677, Massachusetts Federation of Teachers, AFT, AFL-CIO, believe in the importance of schools as an agency for the preservation and extension of our democracy; and


WHEREAS, there is mutual agreement that each child should receive that high quality of schooling that will allow him to achieve his potential as a student and as a citizen of the community; and


WHEREAS, the Federation has been duly selected by a majority of teachers as the exclusive representative of teachers for purposes of negotiating with the School Committee on wages, hours, and other conditions of employment; and


WHEREAS, the laws of the State of Massachusetts authorize collective bargaining for public employees and authorize School Committees to enter into collective bargaining agreements with the representatives of their employees;


THEREFORE, the parties have entered into this Agreement on this   th DAY OF          , 200__ , by and between the School Committee of the Town of Billerica, (hereinafter called the "Committee"), and the Billerica Federation of Teachers, Local 1677, Massachusetts Federation of Teachers, AFT, AFL-CIO (hereinafter called the "Federation").











A.        Federation Recognition

Subject to any applicable provisions of State or 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, in an election conducted by the Massachusetts Labor Relations Commission in Case MCR-595, have designated the Billerica Federation of Teachers, Local 1677, Massachusetts Federation of Teachers, AFT, AFL-CIO, as their bargaining representative with respect to wages, hours, and other conditions of employment under the provisions of Chapter 763 of the Acts of 1965 of the General Court and any subsequent amendments thereto, the Committee recognizes the Federation as the exclusive bargaining representative of employees in the following unit:


All classroom teachers now employed and/or unassigned teachers who are employed on a regular basis, guidance counselors, school nurses, Assistants to the Department Heads in the elementary, middle and senior high schools of the Town of Billerica School System, and including those persons whose duties are primarily those of a teacher regardless of classification, including but not limiting the foregoing, the school librarians, the school psychologist, social workers, the special teachers, e.g. remedial reading teachers and supervisors of elementary art and reading, speech, occupational and physical therapists, but excluding principals, assistant or vice principals, directors, assistant directors, coordinators, administrative assistants and supervisors, the superintendent, the assistant superintendents, and all other employees of the said MUNICIPAL EMPLOYER.


B.        Complete Agreement


No prior agreements or understandings, oral or written shall be controlling or in any way affect the relations between the parties unless and until such agreements or understandings have been reduced to writing and duly executed by both parties subsequent to the date of this Agreement.


No change or modification of this Agreement shall be binding on either the Committee or the Federation unless reduced to writing and executed by the respective duly authorized representatives.

C.         Definitions


The term "Committee" as used in this Agreement means the Billerica School Committee and/or the school administrator(s) responsible under law for the decision at issue.


The term "Federation" as used in this Agreement means the Billerica Federation of Teachers, Local 1677, MFT, AFT, AFL-CIO.


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


The term "school" as used in this Agreement means any work location or functional division maintained by the School Department.


The term "principal" as used in this Agreement means the responsible administrative heads of their respective schools.


The term "teacher" and the term "person" as used in this Agreement means a person employed by the Committee in the bargaining unit as described in Article I, Section A.


The term "Federation representative" as used in this Agreement means any qualified designee of the Federation.


The term “PTS” as used in this Agreement means professional teacher status as defined in M.G.L. c.71 §41.


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




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 derogate from the powers and responsibilities of the Committee under statutes of the Commonwealth or the rules or regulations of agencies of the Commonwealth.  It is acknowledged that the School Committee has the final responsibility of establishing the education policies of the Public Schools of Billerica.




The present practices and policies of the Billerica School System, as defined in the 1964 (Revised) Handbook of Regulations and Policies, will be carried forward except as specifically modified or changed by this Agreement.




A.        Length of School Year


The Federation will be consulted in the preparation of the annual school calendar, but it is acknowledged that the final decision in this regard must rest with the School Committee subject to the provisions set forth below.  The work of teachers covered by this Agreement (other than new personnel who may be required to attend special or orientation sessions) will not be any more than five (5) working days longer than the 2009-2010 school year for children established by the Committee.  All Bargaining Unit members will work 185 days during the 2009-2010 school year.


Teachers will be required to attend two additional days of Professional Development activities prior to the start of the 2009-2010 school year.  The rate of pay for the two additional days of work will be calculated by using 183rd of the Appendix A Salary Schedule for the 2009-2010 school year.


B.        Length of School Day

1.         ARTICLE IV, SECTION B.1. -- To the extent consistent with student safety and discipline including supervision to and from buses.


            a.         The normal required daily duty hours for high school classroom teachers will be no more than six (6) hours and fifty two (52) minutes.


            b.         The high school administration is encouraged to accommodate those teachers who would prefer a regular schedule starting ten (10) to twenty (20) minutes later than 7:10 a.m. and ending the same time later than 1:50 p.m.


            c.         The normal required daily duty hours for elementary school classroom teachers will be no more than six (6) hours and thirty (30) minutes.

            d.         The normal required daily duty hours for middle school classroom teachers will be no more than as follows:


                        6 hours 45 minutes  --  3 days (except Friday)

            6 hours 30 minutes  --  2 days


2.a.      Upon posting, all high school teachers who volunteer may be scheduled in excess of the above hours for after school detention on a rotating equitable basis.  Effective September 1, 1998, all high school teachers in the detention schedule shall receive equal compensation from the $22,500 detention pool.  Assistant Department Heads, who volunteer to be included in the detention rotation schedule will also be compensated.


2.b.      Upon annual posting, all teachers who volunteer and are appointed to the compensated positions of high school bus duty and night school may be scheduled in excess of the above hours.  In addition, upon posting, all teachers who volunteer and are appointed to the position of driver education (when a position is open) may be scheduled in excess of the above hours.


3.         All times above, except night school and driver education, shall consist of consecutive hours.  These normal required daily duty hours will not be lengthened unless there is good reason to do so.  The parties agree that in keeping with the demands being made upon the profession in a rapidly changing society, all Billerica teachers should devote substantially more time to their profession than the normal required duty hours listed above.


4.         There will be one professional development day for all teachers scheduled each year by the administration.


C.         After School Meetings


1.         When conferences with parents are to be conducted at the close of the school day, they shall be by prior arrangement between the parent and the teacher.  However, teachers shall give consideration to any parents who arrive at the school without making prior arrangements for a conference, but shall not be required to meet without the principal or designee in attendance, if desired.  Upon teacher request, the principal or his/her designee shall mutually schedule and be present at a parental conference.


2.         Teachers shall attend, and take such part as is assigned to them, in all meetings of an educational nature scheduled by their Department Head, their principal or the Superintendent of Schools.  Reasonable advance notice of such meetings, normally of at least forty-eight (48) hours, will be given whenever possible, and no teacher will be excused except by the Superintendent.  Required attendance at any such meetings shall not exceed twenty (20) hours throughout the course of a school year.  As a rule, meetings will run one hour (1) or less in length.   Five meeting hours (5) are allocated for faculty meetings, and fifteen hours (15) are allocated for professional learning community work.  Both the length of meetings and the proportion of faculty to professional learning community meetings can be subject to change due to extenuating circumstances.


3.         The Administration will develop and establish a master calendar for each school year.  The purpose of the calendar is, to the extent possible, to schedule in advance all administrative-held meetings. Such meetings include, but are not limited to faculty meetings, departmental meetings, professional learning community meetings, and principal/assistant principal meetings.  The master calendar will be sent electronically to all staff, and a hard copy will be posted in each school, no later than the end of the second week of the school year.  This calendar may be subject to change due to circumstances during the school year.  In such cases, parties affected will be provided with reasonable advance notice.


4.         Additionally, teachers may be required to attend up to three (3) evening open houses, or other kinds of scheduled parent meetings of an educational nature pursuant to plans developed by the Superintendent in consultation with the sub-committees of the Education Development Committee set forth in Section T.2.  Parent/Teacher nights will be from 6 p.m. to 8 p.m.  Open House will be from 7 p.m. to 9 p.m.


D.        Duty-Free Lunch Period


1.         Elementary teachers will normally have at least a thirty (30) minute duty free lunch, and high school teachers will normally have at least a twenty-five (25) minute duty free lunch, and there shall be no change that will substantially decrease the duty-free lunch time now available to middle teachers.


2.         Nurses will have on-site either a forty-five (45) minute lunch period; or a thirty (30) minute lunch period and a fifteen (15) minute discretionary break.  Nurses will notify the Building Principal where they can be reached.  The Principal or his/her designee will determine whether a nurse will be contacted during the lunch period.


3.         In addition to, but not added to the regular lunch period, each nurse may use, at her discretion, fifteen (15) minutes for personal reasons.


E.         Teacher Programming


1.         The wishes of the individual teachers in this request will receive the fullest consideration but the instructional requirements of the school system and its pupils shall be the controlling factors as decided by the Superintendent.


2.         Except in cases of emergencies, teachers will be notified by their principal of any change in their teaching program for the next school year by August 1.


3.         Whenever possible the number of different rooms in which assignments occur for a teacher shall be held to a minimum.


4.         Every effort will be made within each building to make an equitable assignment on a rotating basis of cafeteria, bus, recess, and lavatory duties.


5.         Normally, except in cases of emergency, including the need to substitute, Middle School team teachers shall not be involuntarily assigned teaching duties more than seventy percent (70%) of the student day.  High School teachers and Middle School Specialist teachers shall similarly not be involuntarily assigned more than five (5) teaching periods.  If the seven (7) period High School and/or Middle School day is changed, High School teachers and/or Middle School Specialists shall likewise not be involuntarily assigned teaching duties more than seventy percent (70%) of the student day.  Secondary teachers shall have at least one (1) preparation period per day.  All other teacher time (exclusive of lunch period) may be devoted to student supervision or other non-teaching duties as assigned by the principal.  Any deviation from the above shall be extremely rare.


6.         Effective upon ratification of this Agreement by the School Committee and the BFT, elementary classroom teachers will be granted a guaranteed minimum of 7¼  hours for Kindergarten, 8¼ hours for Grades 1-5 of preparation time over any continuous two (2) week period and elementary specialists will be guaranteed a minimum of two and one half hours preparation time per week (in both cases pro-rated for less than five (5) days a week).


Within the two (2) week period, elementary classroom teachers will be guaranteed at least eight (8) continuous blocks of time of at least forty-five (45) minutes.


            7.         There shall be eight (8) elementary early release days per school year where the pupils are released after lunch, and the teachers shall then engage in building, and grade level, educational planning, curriculum or similar activities.  These release days shall be at least two (2) hours prior to the end of the regular school day, and shall rotate Monday through Thursday.  Within ten (10) days’ notice, the Faculty at each school may vote by secret ballot to utilize one (1) early release day for planning purposes for curriculum and/or educational meetings.  If there is a majority vote, the extra time required under Article IV C 2 may be reduced to eleven (11) meetings or thirteen (13) hours during the school year.


            8.         The Billerica Federation of Teachers’ President will not be assigned non-teaching duties.


            9.         Teachers who travel between buildings (other than the High School Memorial Building and the new addition) shall have that travel time considered duty time.


10.       Each building shall have the services of a substitute nurse for prep time.  This prep time shall not exceed the equivalent of one school day every two weeks. Scheduling will be contingent upon the daily staffing needs of the district.  If the substitute nurse cannot be provided at the regularly scheduled time for a building, then the substitute nurse will be provided at the earliest date possible.


11.       The School Committee shall provide a qualified instructor for the Nursing Staff on a Professional Development or early release day to present the necessary training for CPR recertification.

F.         Notices and Announcements


1.         All official circulars pertaining to teachers shall be furnished to the Federation representative in each building.


2.         A Directory of Personnel in the Billerica School Department shall be made available to the Federation as soon as possible.


3.         A systematic method of circulating information shall be devised in each building.  Except in case of emergency, public address announcements shall be made only at the beginning of the last class period.

G.        Extra-Curricular Activity


1.         A schedule for payment of extra-curricular duties is set forth in Appendix C, which is attached to and made a part of this Agreement.


2.         Assignment to these enumerated duties shall be voluntary.


3.         Appointment of these duties and positions is subject to annual reappointment by the Principal, or by the Superintendent for system-wide positions.


4.         The enumeration of certain positions set forth therein neither means that the Committee must continue these in existence, nor is intended to exclude payment for any other extra-curricular duties not specifically included herein.

H.        Class Size


The Committee and the Federation recognize the desirability of achieving optimum teaching-learning by assuring workable class size and adequate and appropriate teaching space.  To this end the Committee recognizes that subject to educational considerations it is desirable to attempt to reach class maximums as recommended by the Department of Education.  The Department of Education currently recommends optimal class sizes as: 25 for High School, 22 Middle Schools, 18 for Elementary Schools.


The Committee also recognizes that they will work toward the Federal and State guidelines for student/nurse ratios.


I.          Relief from Non-Teaching Duties


The present program of utilizing paraprofessionals shall be continued and when possible and within budgetary feasibility the parties agree that such program may be extended.


J.         School Facilities


Whenever possible:


1.         Every school building shall have at least one teacher's lounge which is kept clean, and provided with suitable furniture.


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


3.         Teachers shall be assigned storage space and a file cabinet with lock in which to keep instructional materials and supplies.


4.         Each teacher shall be given access in each building to the following aids: a duplicating machine, typewriter, master maker, transparency maker, a mimeograph machine, a photocopier, and an internet capable computer and printer where available.


5.         Parking facilities cleared, paved and marked shall be provided for all professional staff members.


6.         Every class shall be held in a properly heated, lighted, ventilated, soundproofed and equipped classroom.


7.         A pay telephone for faculty use shall be authorized in each building.


8.         If elementary space becomes available, serious consideration will be given to using it for special subject purposes such as art, music, computer, library, special education, providing space for physical and occupational therapy (large space for gross motor skills, smaller spaces for fine motor skills, quiet space for speech therapy) and the like.


9.         The School District shall provide and maintain a safe and healthy work environment, consistent with OSHA, Federal, State and local laws, rules and regulations, for the bargaining unit employees.


10.       The employer will supply evaluation and treatment materials used by therapists for each building so they do not require transporting to various work sites.  Each building will have a storage area to keep therapy materials safely.


Effective as of 2007-2008 school years. (Year 2)


K.         Evaluations


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


2.         The teacher shall be given his or her written evaluation report within ten school days of said observation.  Evaluations which are negative shall be given to the teacher at a conference with the party responsible for the negative evaluation.  After any evaluation, if the teacher requests a conference, a conference shall be arranged.


3.         In the case of a less than satisfactory rating, the teacher must have been observed in classroom performance at least three (3) times during the preceding year by the person or persons responsible for the rating.  At least three (3) of these observations shall be reasonably spaced.  A single visit shall be approximately thirty (30) minutes.


4.         Any contention that any evaluation is arbitrary or discriminatory may be raised as a grievance.


5.         The BFT agrees that it will not challenge the School Committee's implementation and use of a new evaluation criteria, instrument and procedure for tenure and/or non-tenure teachers before the Labor Relations Commission or elsewhere on a ground that it is a unilateral change implemented before bargaining to impasse, however, the BFT reserves the right to challenge any such criteria, instrument or procedure on grounds that it or they violate the collective bargaining agreement or are unreasonable when and if it or they are used by management in making a decision that adversely affects a teacher's wages, hours, or working conditions.


6.         If a teacher receives a rating of needs improvement, or unsatisfactory on the last evaluation of the year, (summative) he/she will, upon the request of the building principal, submit a detailed written improvement plan not later than the date set by that principal (10 days).


7.         A Sub-Committee will be established to review the evaluation and supervision process during the 2009-2010 school year.


L.         Teacher Files


1.         Teacher files shall be maintained under the following circumstances:


            a.         No material derogatory to a teacher's conduct, service, character or personality shall be placed in the files by an administrator unless the teacher is first given a copy in person or by certified mail.


            b.         The teacher shall have the right to submit a response to the statement.  The teacher's answer shall also be included in the file.


                                    c.         Upon request, a teacher shall be given access to his file within a reasonable time.


                                    d.         Upon receipt of a written request, the teacher shall be furnished a reproduction of any material in his or her file.


2.         Official grievances filed by any teacher under the Grievance Procedure as outlined in this Agreement shall not be placed in the personnel file of the teacher; nor shall such grievance become a part of any other file or record which it utilized in the promotion process; nor shall it be used in any recommendation for job placement.


M.       Discipline


Copies of any discipline code(s) promulgated by the School Committee will be distributed to appropriate school personnel.


N.        Substitute Services


1.         Whenever possible substitutes shall be hired to cover classes of regularly assigned teachers and specialists, when they are absent.


2.         Whenever teachers are requested to substitute because a hired substitute cannot be found, such duty shall be assigned on a rotation basis.  A committee comprised of one teacher (selected by the BFT) from each elementary school and appropriate members of the Administration shall be formed to review the use of substitutes at the elementary school level.


                        3.         In order to effectively recruit an adequate number of substitute teachers, the School Committee agrees to:


            a.         Advertise in September, November, January, February, and March in the Sunday Boston Globe, Billerica Minuteman, Lowell Sun, and on Billerica Access TV and submit copies of such to the Billerica Federation of Teachers.


            b.         Have the Superintendent, or his designee, notify the Union in writing when the number of substitutes is not sufficient to cover absences on the days of such occurrence.


O.        Teachers’ Legal Assistance


1.         Teachers will immediately report all cases of assault suffered by them in connection with their employment to the principal of the school in which the assault occurred in accord with the specific procedure published for that school.


2.         Upon the teacher's request, or the principal's decision, an assault report will be forwarded to the Superintendent of Schools who will comply with any reasonable request from the teacher for information in the school department's possession relating to the incident or the persons involved, and who will act in appropriate ways as liaison between the teachers, the police and the courts.


3.         The teacher will be advised whenever his or her assault report is referred to the Superintendent of Schools and will further be advised as to the disposition of any assault report including discipline, if any, imposed upon the student unless the administration determines in a particular case that there are special privacy or other considerations making less than full disclosure of that disposition appropriate.


4.         The School Committee and Superintendent will make every reasonable effort to persuade the Town to exercise its authority under Chapter 258 of the General Laws to defend and indemnify a teacher against claims brought against him or her for acts or omissions in the scope of his or her employment in any case where the Town is not obligated to so defend and indemnify or such defense and indemnification is not provided under the Town's liability insurance policy.  If a teacher desires to bring criminal or civil proceedings in connection with an alleged assault suffered by him or her, such teacher may submit a proposal to the Superintendent for reimbursement of his or her reasonable counsel fees and any damage to personal property.


P.         Damage or Loss of Property


1.         No teacher shall be held responsible for loss, damage, or destruction of school property or children's property, when such loss, damage or destruction is not the fault of the teacher.


2.         A teacher shall report any loss, damage or destruction to the principal immediately upon becoming aware of such loss, damage or destruction, and shall upon request reduce such report to writing.


Q.        Training Teachers


1.         In training teachers, acceptance of trainees shall be voluntary.  Adequate advance notice of the assignment of a trainee shall be provided.


2.         The Administration shall request that those institutions which have training teachers in Billerica give three (3) credit course vouchers to supervising teachers.


R.        Lay-Off


In the event it becomes necessary to reduce the number of PTS employees included in the bargaining unit, employees shall be laid off in the following order:


1.         Lay-off of PTS employees shall occur in the department or classification in the reverse order of their initial continuous employment in the system provided that the qualifications of said employees are substantially equal.  Proper respect shall be paid to the superintendent's determination of qualifications.  In the event an employee is retained while a more senior employee is laid off, documentation regarding the layoff and the determination shall be provided to the Federation and the teacher affected upon request.


2.         Teachers years of service for seniority purpose will be determined by date of entering into the Billerica School Department.  No more than three (3) years of unpaid leave (taken after September 1, 1986) shall count towards seniority.


3.         Teachers serving less than a full school year will receive credits for those months of service.  Each ten (10) months of monthly service will equal one (1) year of full service.


4.         Teachers assigned Department will be that Department the teacher was in on the last officially published seniority list.


5.         Teachers who are transferred will be able to transfer their years of previous service in the new department.


6.         Each department and or classification listed below with each unit shall constitute a separate unit for purposes of lay-offs.

                                     1.  Elementary Classroom K-5

                                     2.  English 6-12

                                     3.  Mathematics 6-12

                                     4.  Social Studies 6-12

                                     5.  Science 6-12

                                     6.  Foreign Languages 6-12

                                     7.  Business Education 6-12

                                     8.  Physical Education K-12

                                     9.  Art K-12

                                    10.  Music K-12

                                    11.  Library K-12

                                    12.  Guidance K-12

                                    13.  Industrial Arts 6-12

                                    14.  Home Economics 6-12

                                    15.  Reading K-12

                                    16.  Speech Therapy K-12

                                    17.  Learning Disability  Special Needs K-12

                                    18.  Work Study


In the event that lay-off necessitates transfer from elementary to secondary or secondary to elementary in the areas of physical education, art, music, library, guidance, reading, such transfer shall require agreement from the Superintendent of Schools that in his professional opinion it will not detract from program quality.


S.         Recall


1.         A laid off PTS teacher shall have recall rights for two years after being laid off, e.g. the first day of school in September, 2004, is the first day of work missed because of lay-off.  The teacher has recall rights for applicable vacancies occurring up to and including the first day of school in September, 2006.


2.         Laid off teachers will be recalled to vacancies occurring in their lay-off units (Article IV, Section S.9) in reverse order of lay-off out of that unit, i.e., last out, first in, subject to their ability to perform the available work.


3.         Vacancy means any opening in a full-time position in the bargaining unit that is expected to last the remainder of the school year.


4.         Notification of recall shall be by certified or registered mail, return receipt requested sent to last home address listed in the teacher's personnel folder.  Any teacher who does not file an acceptance in writing of the recall with the Superintendent within ten (10) calendar days of the mailing to said last home address shall lose all recall rights.


5.         Advancement on the salary scale for teachers on recall will be pursuant to Article IX, Section E.


6.         Subject to approval of the Town insurance administrator, teachers on recall may continue their group health and life coverages by reimbursing the Town or otherwise paying the full cost of their coverage.


7.         This recall provision and the lay-off provision of Section R shall be applied so as to give a PTS teacher scheduled for lay-off or on recall a preference over a new hire in any area in which the incumbent PTS teacher is certified so long as in the professional opinion of the Superintendent of Schools doing so will not detract from program quality.  If a PTS teacher not given such preference thinks the Superintendent's opinion is arbitrary or capricious, that teacher may grieve.


8.         Nurses who are laid off shall have recall rights in accordance with M.G.L. Chapter 31 (Civil Service Regulations).


T.         Scholarship Standards: Curriculum


1.         In each school, at each grade, at the elementary level, and in each department, at the secondary level, teachers may elect a Committee of their peers to assist the Assistant Superintendent for Curriculum and the principal/department chairperson in making his curriculum and textbook recommendations.


2.         An Education Development Committee shall be created consisting of four (4) teachers appointed by the Federation and four (4) administrators appointed by administration with each group having at least one (1) representative from each of the following areas: elementary, middle, and high schools.  The purpose of the Committee is to participate in the development, implementation, evaluation, and improvement of teaching methods and materials, educational programs, and school facilities with respect to inter-school (elementary) or inter-departmental (secondary) issues.  The Committee will establish its own rules of procedure including the selection of a chairperson and schedule of meetings subject to the need to avoid conflict with other academic or administrative obligations of its members.


3.         Teachers who have not been advised of the status of their supplies and materials budget requests three (3) weeks before the close of school in June may request this information from their principal/department chairperson within the next week, and be so advised prior to the close of school.


4.         The parties agree to continued consultation with a view to initiating within fiscal constraints a more intensive and effective program for the academically talented in the Billerica school system.


U.        Telephone Lines


Direct telephone lines will be operable to each school during Open Houses or the similar kinds of scheduled parent meetings.


V.        Just Cause


No PTS teacher shall be discharged or suspended without pay for disciplinary reasons without just cause.


W.       Mentoring Program


A Mentor Committee shall be established to design and operate a mentoring model for the Billerica Schools. There shall be three (3) teachers appointed by the Union and three (3) members appointed by the Superintendent.  The mentor program shall be subject to approval by the School Committee and BFT Executive Board.


Teachers new to the profession will receive the benefit of a certified, trained mentor for their first year of teaching.


Teachers appointed to the committee shall receive a stipend in accordance with Appendix C.




In recognition of the professional standing of nurses and the fact that the nurses’ ideas and opinions systematically and periodically collated and expressed are of significant value in improving the quality of nursing and education in, as well as, the efficient and economical operation of, the Billerica School System and in recognition of the Federation’s knowledge of the ideas and opinions of nurses, the Committee agrees that upon the request of the Federation, the Superintendent or his designee will meet with the nurses.  These meetings will normally occur not more than every three (3) months.



A.        Assistant to the Department Chairpersons


1.         The duties of the Assistant to the Department Chairpersons shall be defined.


2.         The Assistant to the Department Chairpersons shall not be assigned a homeroom.


3.         Except in case of severe emergency the Assistant to the Department Chairpersons shall not be utilized as substitutes.


4.         The Assistants to the Department Chairpersons will be responsible for their departmental activities to the Department Chairpersons.


5.         For compensation of the Assistant to the Department Chairpersons refer to Appendix D.


                        6.         Except in case of an emergency, the Assistant to the Department Chairpersons non-teaching time shall be devoted to departmental work.


7.         The position of Assistant to the Department Chairpersons shall be subject to rotation within the building, based on seniority, every three (3) years among those teachers in the Department with professional teacher status interested in assuming those duties.


8.         An Assistant to a Department Chairperson whose performance is unsatisfactory (through written evaluations and documentation), as determined by the Chairperson of the Department and the school principal, and who receives notice to that effect on or before February 1st will be subject to removal at the end of the school year if he/she does not demonstrate substantial improvement in the performance of duties defined pursuant to Paragraph 1 of this Section after receiving notice.  In a case where someone is removed in such a manner, the next senior person shall be the Assistant Department Chairperson.


B.        Teaching Specialists


1.         "Teaching Specialist" for the purpose of this Agreement refers to teachers in the elementary schools who are specialists in the following areas:  Music, Art, Reading, Physical Education, teachers of special needs, Librarians, and Computers.


2.         The Committee shall maintain teaching specialists to the end of enriching curriculum, improving teaching service.


3.         The role of teaching specialists shall be defined.


4.         Teachers currently receiving a differential of $500 in recognition for their work with educable and trainable classes shall continue to do so.


5.         Guidance Counselors may be called upon to work, when necessary, at a pro rata reimbursement for two (2) weeks of the summer recess.


C.         Elementary Lead Teachers


1.         In elementary schools that do not have a Vice/Assistant Principal, or Administrative Intern, the Superintendent will appoint, for a one year term (not to exceed three consecutive appointments for one teacher) a lead teacher to assist the Principal in budget planning, ordering, distribution and inventory of materials, and to provide coverage in the absence of the principal.  Lead teachers will received a stipend equal to that of an Assistant Department Head.




A.        Openings


On May 1 each elementary principal will post for his or her school the number of classes in each grade tentatively expected to exist in that school the following September. Any teacher in that school who desires a different grade assignment in that school shall then have five (5) school days to file a written request for such change with the principal.  If any elementary teacher is dissatisfied with an involuntary grade level change, the teacher and the Federation may appeal the Principal’s decision to the Superintendent or an appropriate designee.


No teaching position may be permanently filled without first being posted to the entire membership.  During the summer months, open positions will be emailed to each unit member and posted in the main office of each building as well as at the School Administration Offices. The BFT President will receive copies of all postings.  In cases where a current staff member is selected for the opening, the reassignment may be deferred to the next school year at the Superintendent’s discretion.  Positions vacated by a mid-year retirement will be posted in May of the preceding year if advance notice had been given to the School District.  Positions vacated by an unanticipated mid-year retirement will be excluded from this requirement. Any teacher who applies for a position will be given an interview by that school’s principal.  In the event that the teacher does not receive the position, the teacher shall be notified of the reason in writing within thirty (30) days by the principal.


B.        Transfers


1.         When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Billerica school system will be considered in determining which teacher is to be transferred to comparable positions as far as is reasonably possible.


2.         An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent or his designee, at which time the teacher will be notified of the reasons for the transfer.  In the event that a teacher objects to the transfer at this meeting, upon the request of the teacher the Federation will be notified and the Superintendent, or his designee, will meet with the Federation's representative to discuss the transfer, but the final decision must rest with the Superintendent of Schools.


C.         Promotions


1.         Every vacancy in any promotional position established or continued by the School Committee (i.e., extra-curricular duties or positions in addition to those of classroom teachers) shall be publicized by a notice except in emergency situations, for fifteen (15) calendar days, in advance of the date of filling such vacancy.  Such notice shall clearly set forth the specifications, qualifications, and compensation of the position, and the date by which applications shall be filed with the Superintendent.  When promotions are to be made when school is not in session, the President of the Federation shall be given written notice of such vacancies.


2.         Advancements, promotions, or transfers shall be based upon the Committee's judgment as to what will serve the best interests of the students and the Committee will consider knowledge, ability, skill, efficiency, attendance, criminal background (as it relates materially to the position) of the applicants.  Whenever the above facts are equal in the judgment of the Committee, the applicant with the longest tenure of employment in the system will be advanced, promoted or transferred.  It is recognized that the final decision as to whether or not transfers are made or to whom promotions are granted must rest with the Committee.


3.         Vacancies shall be filled by an applicant within the Billerica school system if his educational qualifications, experience and potential for the position are, in the opinion of the School Committee, equal to those of any other applicants.  Nothing in this Agreement shall prevent the School Committee or Administration from making acting appointments in the best interests of the educational needs of the system until positions can be filled with permanent appointments as provided in this Agreement.  Time spent in such acting appointment shall not be regarded as evidence of superior qualifications for the position.


4.         All applicants within the Billerica Public Schools will be notified of the disposition of their applications.


D.        Other Job Openings


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


2.         Any such openings for direct classroom teaching shall be filled first by regularly appointed teachers in the Billerica School System qualified for the teaching involved; but their preference shall not extend to other kinds of openings.


E.         Head coaches who are not going to have their contract renewed for the following season shall be notified not later than thirty (30) days after the completion of the season as designated by the MIAA unless the non-renewal is based on information that was not reasonably available during the season.



A.        Sick Leave


1.         Teachers will be credited the first day of school with thirteen (13) days of sick leave per school year.


2.         a.         Unused sick leave will accumulate from year to year up to a maximum of 350 days, except for nurses whose unused sick leave will be a maximum of 260 days.  Teachers with professional status will receive one (1) additional day's sick leave each year and there will be no limitation on the accumulation of this extra day.  The provisions of this paragraph will apply only to teachers who were actively employed prior to August 1, 2007.


            b.         Unused sick leave will accumulate from year to year up to a maximum of 180 days.  The provisions of this paragraph will apply to teachers that were actively employed after July 31, 2007.


3.         In order to receive the benefit of this Article, when a teacher will be unable to be present because of illness, he shall notify the principal of the building or his designee as promptly as possible.  The teacher shall also notify the principal on the evening before the day on which the teacher expects to return.


4.         Except as set forth below, sick leave with pay shall be granted only in cases of the employee's own incapacitation due to sickness or injury.  While the teacher retains prime responsibility to make arrangements such that illness or other incapacitation of family members does not interfere with professional obligations, up to fifteen (15) sick days per year may be used for necessary care of a sick or incapacitated member of the immediate family (as defined in Section E.1) in the event of unforeseen emergency making it impossible to make such other arrangements.  Whenever possible, the teacher will follow the notification time limits set forth in Section B of this Article.


5.         In the event of sick leave abuse, payment for the day or days involved will be withheld.  If the teacher concerned maintains that the Administration's decision is incorrect, the matter may be presented through the grievance procedure.


6.         Pursuant to Chapter 71, Section 55B of the General Laws, any Teacher in the Billerica School Department excluded or removed from employment on account of tuberculosis in a communicable state, shall be carried on such leave with pay for the entire period of such exclusion or removal, within the two (2) year limitation as set forth in the statute, in addition to any accumulated sick leave.


7.         Each teacher shall receive a notice of his accrued sick leave during the month of September.


B.        Personal Leave


Teachers shall be granted two (2) days of personal leave annually for imperative personal business that cannot be conducted outside of school hours.  The building principal or his designee shall be notified of the intent to take such leave as soon as possible and whenever possible not less than twenty-four (24) hours before the leave occurs.  Personal days may not be used to extend a holiday or vacation period, except that one such day per year may be so used provided there is a request in writing to the Superintendent accompanied by a reason.  Approval of such requests shall not be unreasonably withheld.  Unused personal leave shall be accumulated as sick leave only for teachers actively employed prior to August 1, 2007.  Additional personal leave may be granted at the discretion of the Superintendent.  Nurses hired after September 1, 2007, will be entitled to carry over one unused personal day as a sick day for accumulation.


C.         Sabbatical Leave


1.         Sabbatical leave will be available after seven (7) years of service in the Billerica Public Schools.  Normally sabbatical leave will only be granted for advanced study in a formal C.A.G.S. or Doctoral Program in an accredited college or university.  However, it may be granted for other programs in cases where such granting will clearly result in a unique benefit to the school system.  Requests must be received by the Superintendent of Schools in writing not later than June 1, of the calendar year preceding the year in which the leave is sought.  Sabbatical leave requests may be denied for financial reasons if it appears to the School Committee that teachers (tenure or non-tenure) may have to be laid off for financial reasons at the time the sabbatical leave is proposed to be in effect.


2.         Successful applicants will receive seventy-five percent (75%) of the salary to which they would have been entitled provided that the amount, when coupled with any scholarship, grant or aid, shall not exceed the salary to which they would have been entitled.


3.         Not more than one percent (1%) of teachers covered by this Agreement may take advantage of this in any one school year.


4.         Before beginning a sabbatical leave, a teacher shall agree in writing to return to active service in the Billerica schools for a period of at least two (2) school years following the expiration of the sabbatical leave period.  A teacher who does not fulfill this Agreement shall repay to the Town of Billerica within a three (3) year calendar period, the amount of salary received during the sabbatical leave, or the pro rata proportion thereof as the time worked bears to the two (2) school years.  Provided, however, that the teacher shall be released from such payment if his failure to serve the two (2) years is due to his illness, disability, death, or if he is discharged from his service by the School Committee.


5.         A teacher returning from Sabbatical leave shall be placed in a comparable position and on the step of the salary schedule he would have attained had he remained in the school system, and may be eligible for insurance benefits according to the Town policy while on leave.  No teacher may reapply for a second sabbatical leave unless he has completed seven (7) years since his last leave in the Billerica school system.


6.         Sabbatical leave shall be counted toward seniority.


D.        Maternity Leave


1.         A pregnant female teacher shall be granted a maternity leave of absence without pay to impact upon no more than two (2) consecutive school years.  The time such leave shall commence shall be dependent upon the teacher's discretion and provided she has the ability to perform to the fullest all aspects of her job while pregnant.  No dispute as to such ability shall be arbitrable under this contract.

2.         Whenever possible the teacher must notify the Superintendent of Schools thirty (30) days in advance of the date such maternity leave shall commence.


3.         A teacher on maternity leave shall notify the Superintendent of Schools of her intent to return at any time during the two (2) year school period and shall be reinstated as soon as a vacancy for which she is qualified occurs.


4.         Unless a teacher returns to duty at the expiration of the two (2) school year period, her employment shall be terminated.


5.         A teacher who by March 1, notified the Superintendent of the intent to return in September, may return to duty in September.  Salary placement shall be at the next step on the salary schedule if the teacher taught more than ninety (90) days in the school year in which leave was granted.


6.         As with other extended unpaid leaves, time spent on maternity leave by a non-PTS teacher shall not count toward professional status.  In no event, however, shall this contract be interpreted as conferring any greater rights with respect to maternity leave upon a non-PTS teacher, than the rights -- if any -- to such maternity leave that might be conferred upon her by law.


7.         Nothing in this provision will detract from rights that anyone may have under the laws of the Commonwealth.


8.         The provisions of Section D shall extend to any teacher for the purpose of adoptive leave or paternity leave.  Except as set forth below, the leave must commence at a time proximate to the birth or adoption of the child.  If both parents are school department employees, the teacher is not eligible for leave under this Section for any period of time that the other parent is on such or similar parental leave.  However, such parents may plan their leaves so that the teacher starts a leave at the same semester break the other parent returns so long as the teacher's leave, when added to the other parent's leave, ends within the two (2) consecutive school year limitation of subsection 1.  Leaves for nurses will be in keeping with Civil Service Regulations.


E.         Funeral Leave


1.         Full-time teachers shall be allowed up to five (5) school days' leave without loss of pay in the case of death in the immediate family or in the case of a death of a person when the teacher is solely responsible for all funeral arrangements of the deceased.  The term 'immediate family' shall include only the teacher's spouse, child, mother, father, brother, sister or relatives living in the employee's household.  The above five (5) school days will not impact more than seven (7) consecutive calendar days.


2.         Full-time teachers shall be allowed up to three (3) school days' leave without loss of pay in the event of death of a mother, father, brother-or sister-in-law, grandparent or grandchild.  The above three (3) school days will not impact more than five (5) consecutive calendar days.


3.         Full-time teachers shall be allowed one (1) day's leave without loss of pay in the event of death of an aunt, uncle, niece, nephew, or cousin of the teacher or the teacher's spouse, if the deceased was not living in the household.  This day is only for the purpose of attending the funeral.


4.         These provisions shall be administered in the light of their purpose which is to provide opportunity to enable the employee to attend the funeral and/or to attend to family or personal matters arising as a result of death.


5.         In extraordinary circumstances, additional days may be allowed at the discretion of the Superintendent.


F.         Military Leave


1.         The Committee will comply with all State and Federal laws with respect to military leave of absence including its relationship to seniority.  Military leave will be granted to any teacher who is inducted or enlists for one (1) required term 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 would have achieved had he remained actively employed in the system during the period of his absence up to a maximum of two (2) years, but said time of absence shall not count towards professional status.


2.         Teaching personnel who are required to perform active duty for training as part of a Reserve Unit will do so as far as possible during July and August.


3.         Teaching personnel required to perform their annual tour of military reserve duty while school is in session shall be paid the difference between their usual pay and their military pay for a tour of duty not exceeding seventeen (17) calendar days.


G.        Educational Leaves


1.         Leaves of absence may be granted to teachers at the discretion of the Superintendent for the purpose of visiting other schools or attending meetings or conferences of an educational nature.


2.         The Committee shall pay reasonable expenses (including but not limited to registration fees, meals, lodging, or transportation) incurred by teachers who are requested by the Superintendent to attend workshops, seminars, or other approved professional improvement sessions, provided, however, that such travel and amount shall have been provided for and are expendable in the existing school department budget.


3.         Teachers requesting reimbursement from the Committee under this Section will submit to the Superintendent a voucher individually listing the expenses.


4.         A written report shall be submitted to the Superintendent of Schools within three (3) consecutive days upon return from educational leave.  Teachers shall have access to such reports for a year.


H.        Other Leaves


1.         If a teacher attending summer school, under a program approved by the Superintendent of Schools finds his assignment commencing prior to the close of school, at the discretion of the Superintendent, he may be released prior to the closing of school.  He shall have one/one hundred eighty-three (1/183) salary deducted for each school day missed.


2.         A teacher shall be granted his regular salary without loss of pay when required to report for a selective service examination during his regularly scheduled teaching hours, and it has not been possible for him to schedule that examination at a different time.


3.         No more than three (3) official delegates of the Billerica Federation of Teachers shall be granted leave with pay to attend conferences or conventions of affiliated bodies.  In addition, the Federation will have six  (6) additional personal days to conduct Federation business.


4.         The School Committee at its discretion may grant and/or extend unpaid leaves of absence to teachers for self-improvement or compelling personal reasons, when in its judgment, there will be no detriment to the quality of education offered in the system.


I.          Maintenance of Rights


All benefits to which a teacher was entitled at the time a leave of absence commenced shall be restored to him upon his return, and he will be assigned to the same or a substantially equivalent position.


J.         Jury Duty Service


In the event that any employee covered by this Agreement is required to perform and does perform jury service, the employee shall be compensated the difference between compensation received from performance of jury duty service and the employee's regular salary provided the employee furnished appropriate evidence from the court of such service, and has made every effort to schedule such service during a school vacation.


K.         Long Term Disability


1.         Any PTS teacher with ten (10) or more years of service in Billerica who has exhausted his or her accumulated sick leave shall be eligible for up to one hundred and forty-five (145) days of long term disability (LTD) pay at a rate of seventy-five percent (75%) of his or her base salary before the disability for which the LTD benefit is sought.  PTS teachers with less than ten (10) years of service in Billerica shall be eligible for this benefit if they have accumulated sixty percent (60%) or more of their possible sick leave days.


2.         LTD pay is only for the purpose of a sickness or disability of the teacher that exceeds fifteen (15) continuous school days in duration.


3.         Once exhausted, LTD days can be earned back at a rate of ten (10) per year up to the maximum of one hundred and forth-five (145).


4.         As a condition of eligibility for LTD pay the School Administration may require the teacher to permit it to view all medical records relevant to the teacher's request for such pay and require the teacher to be available for an examination by a physician or other appropriate medical professional employed and designated by the school system.


5.         The provisions of this section will only be applicable to teachers actively employed prior to August 1, 2007.




A.        Health and Life Insurance


As long as the Town of Billerica agrees to pay a portion of the cost of the health, dental, and life insurance plans currently in effect, the School Department will deduct the teacher's share on payroll checks for participating members on the receipt of a proper authorization.  Said deductions will be made in alternate payroll weeks as the dues deduction.


B.        Tax-free Annuity


So as to provide for a nonforfeitable tax sheltered annuity payable upon retirement or termination of employment a teacher may contract with the Committee for the purchase of an annuity pursuant to the provisions of the General Laws of Massachusetts as part of his or her employment compensation.  Such contract shall specify the premiums to be paid towards the annuity and must be with a company approved by the Committee and the Federation.


C.         Workmen’s Compensation


Teachers shall be included under the provisions of the Workmen's Compensation Law.





A.        Basic Salary Schedule


1.         The salaries and differentials of the members of the bargaining unit are set forth in Appendix A, which is attached to and made a part of this Agreement.


2.         Annual increments as scheduled shall automatically be granted each year (effective September 1) to all teachers who have rendered satisfactory service.  A question as to whether the Committee had just cause for withholding the increment of a tenure teacher may be presented through the grievance and arbitration procedure.


B.      Placement on the Salary Schedule


The School Committee shall fix the initial salary and step level of each teacher on entering employment giving due consideration to degrees and previous experience and special skills.  Teachers who enter the system at other than the beginning of the school year will move the following year on the step schedule at the discretion of the Committee.


C.         Method and Time of Salary Payment


Any teacher desiring to change from existing twenty-one (21) installment pay plan for a twenty-six (26) installment pay plan for school year 2004-2005 must  notify the Assistant Superintendent for Business in writing before January 1, 2004.  Thereafter, any decision to change from one pay plan to the other must be made by similarly advising the Assistant Superintendent for Business in writing before the January 1, preceding the start of the school year in which the change is to be effective.  Once such notification is given, it is irrevocable for the school year for which it is given.  A pay plan option will be offered in a given year only if at least one hundred twenty-five (125) teachers enroll in it.


Payment of the final check at the end of the school year is contingent upon all work being completed to the satisfaction of the Principal, Coordinator, or Supervisor.  If a member of the bargaining unit leaves or dies during the school year, his or her estate shall be entitled to a prorated share based on his period of service in relation to the number of weeks schools are in session during the school year, minus compensation already paid.


Prior to September 1, 2007, teachers must, as a condition of employment, take all necessary steps to have direct deposit for all of their salary payments.


D.        Career Increments


In recognition of the value of consecutive years of service to the Billerica School System, a “super maxima” salary schedule is set forth below:



August 26, 2009


         10 Years


15 Years


20 Years


25 Years


30 Years


35 Years


40 Years



Teachers shall receive their career increments in a separate paycheck the first Friday in December.


Nurses hired prior to August 24, 2009 will receive $700 from their fifth through their ninth years of employment.


E.         Anniversary Dates


For purposes of salary payment, full-time teachers serving more than ninety (90) days of a school year will advance on the salary schedule each September.


F.         Increments for Advanced Credit


1.         Increments for advanced credit shall be effective immediately upon the teacher submitting satisfactory evidence, e.g., transcript or letter from college, of successful completion of course approved in advance by the Superintendent of Schools.  The Superintendent of Schools shall be notified by March 1 of the fiscal year preceding the fiscal year in which monies are paid if a teacher plans to have a change in salary column status.  A teacher notification of salary column change form shall be provided.


2.         In order to receive compensation for thirty (30) hours' credit beyond a master's degree, a mark of "B" or better must be attained for each hour which must either be in an advanced degree program or in subjects approved by the Superintendent as related to the teacher's field or specialization.


3.         In order to qualify for consideration for step increments above the third (3rd), sixth (6th), ninth (9th) step levels, evidence of having successfully completed three (3) semester hours of approved study at least every three (3) years in a higher institution of learning accredited by the New England Association of Secondary Schools and Colleges must be submitted by teachers who have not achieved the M+30 column.  Such courses must be part of a degree granting program or must be reasonably likely to improve the teacher's teaching performance in Billerica.  The completion of a similarly relevant Billerica in-service program may be substituted for the course requirement. In-service credit for Merrimack Educational Center programs and Northeast Consortium programs may be used within the context of Section F, if the Merrimack Educational Center or Northeast Consortium in-service credit is equivalent to the graduate level credit offered by a college or university through Merrimack Educational Center or Northeast Consortium.  Prior superintendent approval is required.  Credit for Merrimack Educational Center in-service programs will be retroactive to the summer of 1992 but, where applicable, no additional salary eligibility will be awarded for this retroactive credit until September 1, 1993.


            Any dispute between the administration and a teacher as to whether a course or program meets the above requirements shall be brought for final decision to a Board consisting of two members appointed by the School Committee and two members appointed by the Federation with a majority vote of the full Board required to reverse the administration.


4.         A teacher on maximum who has not achieved the M+30 column and who does not similarly complete an approved three (3) semester hour course within three (3) years after starting on Step 10 and every three (3) years thereafter shall not receive a Salary Schedule increase until Step 10 of the applicable track on the Salary Schedule is greater than the teacher's salary.  At this time, the teacher reverts to Step 10 of the applicable track on the Salary Schedule and receives the appropriate negotiated raises for that position.


            Placement to Step 11 of the applicable track shall be effective immediately upon the teacher submitting satisfactory evidence, e.g., transcript or letter from college, of successful completion of the required course(s).


            The administration may select a course a teacher takes to fulfill the requirements of this sub-section in the case of a teacher who receives a less than satisfactory or unsatisfactory summative evaluation.


5.         The foregoing requirements are designed in part to encourage teachers to advance professionally.  In furtherance of this policy the Committee agrees to reimburse all teachers for one-half (1/2) of the actual tuition cost of up to six (6) full credits and full tuition for courses required by Sections 3 and 4 for all teachers.


6.         Unless prevented by illness, health, disability, or unless discharged by the Committee, each teacher who applies for and accepts such reimbursement will agree in writing to return to the system for at least one (1) full year commencing the September following the year in which the money is received, or failing to do so agrees to repay such amount received to the Town of Billerica.


7.         In order to allow for proper budgeting of tuition reimbursement monies under paragraph 5 of this Section, teachers must apply in writing prior to January 1, for reimbursements covering courses in the following summer, fall and spring sessions.  Failure to apply in writing stating an estimate of tuition costs and a general idea of area of course study by January 1, will exclude teachers from such reimbursements.


8.         The Committee shall provide, at no cost to teachers, one (1) in-service course each year in order that teachers might earn Professional Development Points as mandated by the Education Reform Act of 1993.


Effective September 1, 2001, the Committee shall provide, at no cost to teachers, one (1) in-service course each semester, in order that teachers might earn Professional Development Points as mandated by the Education Reform Act of 1993.


9.         In addition to the foregoing reimbursement, any teacher not holding a Master’s degree shall be eligible for the reimbursement of the full additional cost of one (1) additional graduate level course taken during each of the first three years of the teacher’s employment in Billerica.


10.       “Full tuition reimbursement” for a course will not exceed the cost of a course in the University of Massachusetts – System, unless a course is not offered in the State’s higher education institutions.  Teachers will be reimbursed for the cost of a course not offered by the State’s higher education institutions if they notify the Superintendent of Schools prior to taking the course.


All full time nurses for the 2009-2010 school year only, are entitled to be reimbursed for the actual tuition cost of one college course per year and up to five hundred ($500) dollars for CEU credits.  All full time nurses will be granted one day per year with pay to attend CEU programs.


In order to allow for proper budgeting of tuition reimbursements, nurses must apply for course approval in writing to the Superintendent prior to the start of the course, but no later than January 1, for courses in the given school year.



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


Any teacher or counselor specifically required to do additional work before and/or after the close of the school year shall be compensated at a pro rata of annual salary.


Elementary teachers who choose to come into school during the last week of summer recess shall be reimbursed $25 for materials used to prepare their classrooms.  Receipts should be given to their building principals.


H.        Mileage Allowance


Teachers who are regularly assigned to more than one (1) school in any one (1) school day (or teachers traveling on authorized official school business between teaching stations within the Town of Billerica) will receive the approved IRS mileage rate, as determined by the Town Treasurer for all such travel subject to such regulations as may be issued by the administration concerning the submission of vouchers.  For purposes of this section, travel to and from home shall not be considered as travel between stations.


I.          Retirement Allowance


In recognition of dedicated service to the children of Billerica, any teacher covered by this Agreement who has taught for 15 years in the Billerica School System becomes eligible for a retirement allowance according to the following established procedure.  Pursuant to Massachusetts law this amount cannot be credited toward retirement.

Eligible teachers who desire to participate in this program will file a note of retirement by September 15 of the school year prior to the school year in which they will retire under the provisions of the Massachusetts Teachers Retirement Act.


If such notice is submitted in writing by said September 15, at or about the time of retirement, the teacher shall be paid $60 for each accumulated sick day they possessed.  Teachers will be eligible for an additional $10, to a total of $70 dollars per day provided they remain actively employed through the end of the school year in which they retire.


In the event a teacher dies who would have been eligible to apply for the benefit provided by this provision had he/she submitted a notice of retirement, his/her estate will receive this payment.


The provisions of this section will only be applicable to teachers actively employed prior to August 1, 2007.


J.         Recertification Requirement


A teacher will be reimbursed for the cost established by the Department of Education for a teacher’s recertification in the teacher’s primary area of recertification required by the Department.  This provision is not intended to reimburse teachers for costs incurred prior to the execution of this Agreement to obtain recertification.  Occupational and Physical Therapists shall be additionally compensated for the costs of license renewals for state and association licenses required by the Department of Education up to $200.


Beginning in 2009-2010 Speech and Language Pathologists will be annually reimbursed $200 for their ASHA certification and $55 every other year for their state license.


Nurses will be reimbursed for the actual cost of taking the National Board Certification

Exam for School Nurses, for up to two attempts at taking the exam.


Nurses will be reimbursed for the cost of licensure required by the Massachusetts

Department of Public Health Board of Registration in Nursing.






A.        Purpose


It is the declared objective of the parties to encourage the prompt and informal resolution of teacher complaints as they arise, and to provide recourse to orderly procedures for the satisfactory adjustments of complaints at the lowest organizational level.


B.        Definition


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


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


2.         As used in this Article the term "employee" shall mean an individual employee or a group of employees having the same grievance.


C.         Adjustment of Grievance


1.         Level 1 - Principal


a.                  An employee may present a grievance to the principal or his immediate supervisor within fifteen (15) school days following knowledge by the grievant of the act or condition which is the basis of his complaint.


b.                  The employee and the principal or supervisor shall first confer on the grievance with a view to arriving at a mutually satisfactory resolution of the complaint.  At the conference, the employee may be represented by the appropriate Federation representative; but where the employee is represented he must be present.  Whenever a grievance is presented to the principal or his immediate supervisor by the teacher personally, if the teacher so desires the Federation representative shall be given the opportunity to be present and state the views of the Federation.


c.                   The principal of the school shall communicate his decision in writing to the aggrieved employee and to the Federation representative who participated, within three (3) school days after receiving the complaint.


2.         Level 2 - Superintendent of Schools


            a.         If the grievance is not resolved at Level 1, the aggrieved employee may appeal from the decision at Level 1 to the Superintendent of Schools within five (5) school days after the decision of the appropriate superior has been delivered.  The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be accompanied by a copy of the decision at Level 1.


            b.         The Superintendent of his designee and the teacher, and if the teacher so elects, the President of the Federation 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.  The aggrieved employee and the appropriate Federation representative shall be given at least two (2) school days notice of the conference and an opportunity to be heard.


            c.         When the employee is not represented by the Federation at this level, the Superintendent of Schools shall furnish the Federation with a copy of the appeal from Level 1 together with notice of the date of the conference.  In such cases, the Federation may be present and state its views.


            d.         The Superintendent shall communicate his decision in writing, together with the supporting reasons, to the aggrieved employee and to any Federation representatives who participate at this level within ten (10) school days after receiving the appeal.


3.         Level 3 - School Committee


            a.         If the grievance is not resolved at Level 2, the aggrieved employee may appeal from the decision at Level 2 to the School Committee within five (5) school days after the decision of the Superintendent of Schools has been delivered.  The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be accompanied by a copy of the appeal and the decision at Level 2.


            b.         The School Committee or its designated representative, and the teacher, and if the teacher so elects, counsel and/or an authorized representative of the Federation, shall meet to discuss the grievance as promptly as possible, normally within fourteen (14) days at a time mutually agreed upon between the Chairman of the School Committee and the President of the Federation.  However, in any event, the meeting shall take place within twenty (20) school days.


            c.         The School Committee or its designated representative shall elect whether this discussion shall take place during working hours or not.


            d.         When the employee is not represented by the Federation at this level, the School Committee shall furnish the Federation with a copy of the appeal from Level 2 together with notice of the date of the conference.  In such cases, the Federation may be present and state its views.


            e.         The School Committee shall communicate its decision in writing together with the supporting reasons, to the aggrieved employee and to any Federation representative who participated at this level within ten (10) school days after receiving the appeal.


4.         Time Limits


            a.         The time limits in this Article may be extended by mutual written agreement.


            b.         Failure at any level of Grievance Procedure to appeal within the specified time limits shall be considered acceptance by the employee of the decision rendered.


            c.         Failure at any level of the Grievance Procedure to communicate a decision within the specified time limits shall permit the employee to proceed to the next level.


5.         Level of Initiation


                              a.         Grievances may be initiated at the level at which the violation of the Agreement occurred.


                              b.         Whatever the level at which the grievance is initiated, it must be initiated within fifteen (15) school days following knowledge by the grievant of the act or condition which is the basis of his complaint.


            c.     A grievance may be initiated at Step #2 (Superintendent’s level) by mutual agreement of the parties, if the primary issue directly involves the school principal.  A Grievance may also be initiated at Step #3 (School Committee level) by mutual agreement of the parties, if the primary issue directly involves the Superintendent of Schools.


D.        Arbitration


1.         In the event either party elects to submit a grievance to arbitration, the arbitrator shall be selected according to and shall be governed by the following procedure:


            The request to arbitrate must be sent to the American Arbitration Association within fifteen (15) school days of the decision at Level C. 3(e) above with a copy sent to the other party.  The process of selecting the arbitrator shall be determined by the Voluntary Labor Arbitration Rules.


2.         Each party shall bear the expenses of its representatives, participants, witnesses and for the preparation and representation of its own case.


            The fees and expenses (if any) of the arbitrator and American Arbitration Association shall be shared equally by the parties, provided that the obligation of the Committee to pay shall be limited to the obligation which the Committee can legally undertake in that connection.


            In no event shall any present or future member of the Committee have any personal obligation for any payment under any provision of this Agreement.


3.         The arbitrator shall hold hearings promptly and, unless the time shall be extended by mutual agreement, shall issue his award not later than thirty-five (35) days from the date of the closing of the hearings, or if oral hearings have been waived, from the date of submission to him of the final statement and briefs.  The arbitrator's award shall be in writing and shall set forth his findings of fact, reasoning and conclusions.  The arbitrator shall be without power or authority to make any award which requires the commission of an act prohibited by law or which is inconsistent with any provision of this Contract or with the Rules and Regulations of the Billerica School Committee.  The Award of the arbitrator shall be submitted to the School Committee and the Federation, and subject to law, shall be final and binding upon the School Committee and the Federation and the aggrieved teacher.


4.         The arbitrator shall be bound by the procedure set forth in the Voluntary Labor Arbitration Rules as now in effect or hereafter established by the American Arbitration Association.  He shall arrive at his decision solely upon the facts, evidence and contentions as presented by the parties through the arbitration proceedings.  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 this Agreement in accordance with the commonly accepted meaning there are no restrictions intended upon the rights and authority of the Committee other than those expressly set forth herein.  Subject to the foregoing the decision of the arbitrator shall be final and binding upon the parties.


5.         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.


6.         The Committee agrees that it will apply to all substantially similar situations the decisions of an arbitrator sustaining a grievance and the Federation agrees that it will not bring or continue, and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the decision of an arbitrator.





1.         The Committee and the Federation agree to continue policy that no person or persons, departments or divisions responsible to them shall discriminate against any employee on the basis of race, creed, color, national origin, sex, marital status, or membership in, or association with, the activities of any employee organization.


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




A.        Dues Check Off, Agency Fee Check Off


1.         The Federation may secure authorization for payroll deductions for Federation dues and Agency Fee.  Such authorization may be revocable as provided by law.  The Committee will request the Treasurer of the Town of Billerica to submit such sums in total to the Federation Treasurer.


2.         The Federation shall be notified of any teacher withdrawing or dropped from payroll deductions within 30 days by the Payroll Department.


3.         Any teacher desiring to have the Committee discontinue deductions that he has previously authorized must provide written notice to the Committee.


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


5.         Dues Check-Off Form:




By:       (Name of Employee)                                         


To:       Billerica School Committee


Effective                           , I hereby request and authorize you to deduct Federation dues from my earnings in twenty-one (21) or twenty-six (26) equal installments.  This amount shall be paid to the Treasurer of the Billerica Federation of Teachers, Local 1677, MFT, AFT, AFL-CIO and represents payment of my Federation dues.


These deductions may be terminated at any time by me giving you sixty (60) days written notice in advance or upon termination of my employment.



Employee's Signature____________________________________________________________


Employee's Address______________________________________________________________





6.         Agency Fee Check Off Form




By:                   (Name of Employee)


To:                   Billerica School Committee


Effective        (Date)    , I hereby request and authorize you to deduct Federation Agency Fee from my earnings in twenty-one (21) or twenty-six (26) equal installments.  This amount shall be paid to the Treasurer of the Billerica Federation of Teachers, Local 1677, MFT, AFT, AFL-CIO and represents payment of my Agency Fee.


These deductions may be terminated at any time by me giving you sixty (60) days written notice in advance or upon termination of my employment.


Employee’s Signature____________________________________________________________


Employee’s Address_____________________________________________________________





7.         Agency Fee


            a.         As a condition of employment, members of bargaining unit who are not members of the B.F.T., Local 1677, AFT, AFL-CIO, shall pay to the B.F.T. an Agency Service Fee.  Such fee shall be a percentage of Union Dues and will represent that portion of Union Dues which is commensurate with the cost of collective bargaining and contract administration.


            b.         If any teacher brings a claim before a court of competent jurisdiction or administrative agency against the School District, School Committee the Town and/or any of their agents (defendants) for the District’s compliance with Section A above, the Union will indemnify said defendant(s) against any judgment that may be rendered against them.


B.        Use of Building


After the close of school on school days, the Federation shall have the right to use designated areas in school buildings for meetings of teachers provided there is no interference with any scheduled school activities.  The use of such designated areas shall be arranged with the principal in advance.  All requests for building use shall conform to Committee Rules and Regulations provided, however, that there shall be no cost to the Federation for such meetings as long as no overtime custodial cost to the Committee is involved.


C.         Allowed Time for Federation Representatives


1.         The principal shall recognize the Federation building representative as the official representative of the Federation in the school.


2.         Upon request, the principal shall meet at least every three (3) months after school hours with the School Federation Committee of three (3) representatives in each school to consult on local school problems and policies as they relate to established committee policies and procedures and this Agreement.  Both parties shall submit items for the agenda.


3.         The discussion of other matters, as agreed upon for discussion by the principal and the School Federation Committee is not precluded by the above.  However, the principal and the School Federation Committee do not have authority to reach any decision which changes this agreement or any established School Committee policies or procedures.


4.         A committee of Federation representatives, not to exceed five (5) members, shall meet once a month with the Superintendent of Schools for consultation on matters of educational program and curriculum during the school year.  Both parties shall submit items for the agenda.


D.        Distribution of Materials


1.         Federation notices may be posted on school bulletin boards located in the teachers' room in the building or distributed through the teachers' mailboxes if the notice is signed by an authorized representative of the Federation unless clearly Federation material.


2.         Any notice shall be in keeping with professional standards.


3.         Copies of all notices will be filed with the Superintendent of Schools.


E.         Protection of Individual and Group Rights


1.         Nothing contained herein shall be construed to prevent the Committee, a member of the Committee, or its designated representative from meeting with any teacher for expression of the teacher's views.  No changes or modifications of this Agreement shall be made except through consultation or negotiation with the Federation.


2.         Nothing contained herein shall be construed to permit any organization other than the Federation to participate in the processing of a grievance.


3.         Nothing contained herein shall be construed to prevent any person from informally discussing any dispute with his immediate superior or processing a grievance on his own behalf in accordance with the Grievance Procedure.


F.         Information


The Committee shall make available to the Federation upon its reasonable request any or all available information, statistics, and records relevant to negotiations or necessary for the proper enforcement of this Agreement, to which the Federation is entitled as a matter of law.


G.        School Committee Meetings


            Advance Agenda - Minutes


1.         A copy of the public agenda of all School Committee meetings shall be made available to the official Federation representative to the Committee meetings at least twenty-four (24) hours prior to the meetings.  An effort will be made to advise the Federation representative as soon as possible of all special meetings of the School Committee.

2.         A copy of the minutes of all School Committee meetings shall be made available to the official Federation representative.


H.        Printing of Agreement


The parties agree to pay each fifty percent (50%) of the cost of printing the Agreement in booklet form and to distribute copies of the Agreement to each teacher presently employed by the Committee and to each new teacher hired by the Committee.


I.          Federation Representatives


The Federation shall furnish the Committee with a list of officers and other authorized Federation representatives, and shall, as soon as possible notify the Committee in writing of any change.  No Federation representative shall be recognized by the Committee except those so designated in writing by the Federation.


J.         Seniority List


The Federation will be supplied with a current seniority list every October 1st.


K.         Payroll Deduction for Committee on Political Education (COPE)


Upon proper written authorization from a teacher, the Committee agrees to deduct from the wages due that teacher, each month, an amount designated by that teacher for contribution to the Union’s Committee on Political Education (COPE).  This voluntary authorization for deduction shall be revocable at any time by the teacher.  The Union agrees to indemnify the Committee for these deductions.


L.         Scholarship Voluntary Deduction


Upon proper written authorization from a teacher, the Committee agrees to deduct from the wages due that teacher, each month, an amount designated by that teacher for contribution to the Billerica Federation of Teachers Scholarship Fund.  This voluntary authorization for deduction shall be revocable at any time by the teacher.  The Union agrees to indemnify the Committee for these deductions.



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 Rider 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 affected thereby.  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 the immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement of such Article or Section during the period of the invalidity or restraint.



1.         During the term of this Agreement or any extension or renewal hereof, the Federation or its agents shall not cause, sponsor, or assist, and no professional employee covered by this Agreement shall cause or participate in any strike, work stoppage, or concerted absence or other illegal activities directed against the school system.  The Federation shall disclaim such activities publicly and in writing to the School Committee and advise the individuals concerned that the activity is illegal and in violation of the contract and advise them to cease such activity.  The Federation shall not be liable in any way therefore in the event it has not engaged or subsequently does not engage in activity inconsistent with such disclaimers.


2.         Employees who participate in any such activity may be disciplined or discharged as the Committee in its judgment deems proper provided, however, that an issue of fact as to whether an individual has engaged in such activities may be made the subject of the grievance and arbitration procedure.


3.         The Committee reserves the right to bring any action for breach of this Article in any appropriate court of law or equity.





1.         The term of the Agreement will be from August 26, 2009 to August 25, 2012.  There will be a wage reopener for the 2010-2011 and the 2011-2012 school years.


2.         Being a mutual agreement this instrument may be amended at any time by mutual consent.  Dated   May 14, 2009.



_______________________________        ____________________________________



_______________________________        ____________________________________



_______________________________        ____________________________________



_______________________________        ____________________________________



_______________________________        ____________________________________













There will be a 183rd day added to the work year.  The 183rd day will not be scheduled prior to Labor Day, nor later than June 10th.  The day shall be utilized as four (4) hours for professional development, and two (2) hours as teacher preparation.


Salary Schedule for the 2009-2010 School Year:








MA + 75



































































































 MA+60 Column includes CAGS and double MA


Teachers who achieve National Board Certification in their primary area of certification will be paid at their current step, MA +60 column.


Note:  School nurses will move from Step 11 to Step 12 in the 2010-2011 school year.










Step 1

Step 2

Athletic Director










Step 1

Step 2

One Head Coach






One 1st Assistant



One 2nd Assistant



One 3rd Assistant



Assistant Trainer



One 4th Assistant



Two JV Freshman










Step 1

Step 2

Faculty Manager



Head Coach









Freshman JV-B









Step 1

Step 2

Head Coach









Freshman JV-B










Step 1

Step 2

Head Coach




(CC only)










Step 1

Step 2

Head Coach















Step 1

Step 2

Cheerleading (F/W) *



Equipment Manager





* If the person is certified by the American Association of Cheering Coaches and Advisors, a stipend for Cheerleading Coach will be created at Level 5.







                                             CATEGORY I


Class Advisors - Grade 12


Yearbook Advisors - High School


Enrichment Advisors


Literary Magazine - High School (2)




                                            CATEGORY II


Class Advisors - Grade 11




Student Council - H.S.  M.S.


Math League


Science League




Middle School Yearbook




                                           CATEGORY III


Class Advisors - Gr. 10   9


National Honor Society


Photography Club


Future Teachers of America


Debating Club


Dramatics Club


Italian-Spanish Club


French Club


Intramural Director - H.S. - 1/season


Ski Club


Computer Club


Outing Club/Environmental


Audio-Video Club


International Relations Club




Weight Training Club


Peer Assistance (2)


Mock Trial Team


Middle School Literary Magazine (2)


Community Service (H.S.)


Junior Statesmen of America (JSA)


Teacher Mentors


Literary Reading Club


Diversity/Respect/Tolerance Club




Assistant for Sports Physicals (2)







Band Director


Band Director - M.S.


Band Director – Elementary


Musical Director


Choral Director


Choral Director - M.S. (4)


Choral Director - Elementary (6)

$   877

Color Guard


Elementary Beginners Band (2)

$   966

Elementary Beginners Orchestra

$   966

Assistant Band Director                 


Assistant Musical (2)


Assistant Choral


Orchestra – Elementary


Orchestra – Secondary













Assistant to Department Chairperson


Elementary Curriculum Co-Chairs


Elementary Computer Resource / Newsletter Writers


High School Bus Duty


BHMS Alternative High School


Driver Education Classroom Instruction


Director of SPED Summer School






Should Civil Service for the Nurses be eliminated in the Town of Billerica, affected sections of this Agreement shall be negotiated.




Cafeteria Plan - The School Committee agrees to request the Town’s permission to implement a so-called “cafeteria plan” pursuant to provisions of the Internal Revenue Code to the extent that the teacher’s share of health insurance premiums shall, to the extent permitted by the Code, not be taxable income to the teacher for federal income tax purposes.





Dear Mr. Ashe:


I am writing to confirm the following additional understandings reached during our negotiation for the 2006-2009 collective bargaining agreement.


$                      Proposed moving one parent/teacher conference to afternoon.  We agreed that in 2006-2007, Parent/Teacher nights will be from 6-8 p.m.  Agree to revisit after third conference night to see if time change works.


$                      Special Ed. Chairperson caseload will be made equitable.


$                      Sub-Committee to work out PDP for Professional Development.


$                      One additional assistance coach in Level 2 or 3, beginning in year 2.


$                      This agreement does not ratify or accept changes made to health care plan, Summer 2006.


If the foregoing accurately reflects your understandings on these issues please sign and return one copy of the letter to me.






Dr. Anthony Serio