Swansea

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DistrictSwansea
Shared Contract District
Org Code2920000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersGreater Fall River RVTSD
CountyBristol
ESE RegionSoutheast
Urban
Kind of Communityrural economic centers
Number of Schools6
Enrollment2078
Percent Low Income Students15
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Swansea

Agreement

Between

Swansea School Committee

And

Swansea Educators' Association

August 15, 2012

To

August 15, 2013

Table of Contents

 

 

Page

 

Memorandum of Amendment/Extension of Collective Bargaining

Agreement

ARTICLE I

PREAMBLE

1

ARTICLE II

RECOGNITION

2

ARTICLE III

COMPENSATION AND OTHER CONDITIONS OF EMPLOYMENT

3

ARTICLE IV

NON-DISCRIMINATION

3

ARTICLE V

DUES DEDUCTION - CREDIT UNION

3

ARTICLE VI

GRIEVANCE PROCEDURE

4

ARTICLE VII

DURATION

6

ARTICLE VIII

TEACHER RULES AND REGULATIONS

7

ARTICLE IX

DEPARTMENT HEADS

8

ARTICLE X

TEACHING HOURS AND TEACHING LOADS

9

ARTICLE XI

TEACHERS' INITIAL CONTRACT

15

ARTICLE XII

NON-INSTRUCTIONAL DUTIES

16

ARTICLE XIII

TEACHER ASSIGNMENT

17

ARTICLE XIV

TEACHER FACILITIES

18

ARTICLE XV

TEACHER EVALUATION

19

ARTICLE XVI

TEACHER TRANSFERS

20

ARTICLE XVII

TEMPORARY LEAVES

22

ARTICLE XVIII

EXTENDED LEAVES

24

ARTICLE XIX

SICK LEAVE

25

ARTICLE XX

MATERNITY LEAVE

27

ARTICLE XXI

SICK LEAVE BANK

28

ARTICLE XXII

SABBATICAL LEAVE

29

ARTICLE XXIII

PROTECTION - INJURY BENEFIT - INSURANCE

30

ARTICLE XXIV

AGREEMENT STATUS

31

ARTICLE XXV

PROFESSIONAL DEVELOPMENT AND EDUCATIONIMPROVEMENT

31

ARTICLE XXVI

SPECIALISTS AND SPECIAL PROGRAMS

32

ARTICLE XXVII

ASSOCIATION COURSE OFFERINGS

32

ARTICLE XXVIII

POSITIONS IN EVENING SCHOOL AND UNDER FEDERAL PROGRAMS

32

ARTICLE XXIX

REDUCTION IN FORCE

33

ARTICLE XXX

SALARIES

35

ARTICLE XXXI

HEALTH SERVICES - SCHOOL NURSES

47

ARTICLE XXXII

JURY DUTY

48

ARTICLE XXXIII

ATTENDANCE INCENTIVE

48

ARTICLE XXXIV

RETIREMENT ENTITLEMENTS

49

ARTICLE XXXV

AGENCY SERVICE FEE

49

ARTICLE XXXVI

EXPERIENCE STIPEND

49

ARTICLE XXXVII

TUITION WAIVER

50

ARTICLE XXXVIII

SEVERANCE BENEFIT UPON RETIREMENT OR DEATH

52

ARTICLE XXXIX

REGIONALIZATION/TUITION AGREEMENTS

52

SIGNATURES

 

53

MEMORANDUM OF AMENDMENT/EXTENSION OF COLLECTIVE BARGAINING AGREEMENT

SWANSEA SCHOOL COMMITTEE

AND

SWANSEA EDUCATOR’S ASSOCIATION

AGREEMENT entered into this _____________________ day of _______________ , 2012, between the SCHOOL COMMITTEE OF THE TOWN OF SWANSEA (“COMMITTEE”) And the SWANSEA EDUCATOR’S ASSOCIATION (“ASSOCIATION”);

WHEREAS, COMMITTEE and ASSOCIATION entered into a certain collective bargaining agreement (“CBA”) for the period from August 15, 2009 up to and including August 15, 2011 covering “all classroom teachers” and other position specified in §2.1.1 of said CBA; and

WHEREAS, COMMITTEE and ASSOCIATION previously executed a Memorandum of Amendment/Extension of Collective Bargaining Agreement covering the school year 2011-2012; and

WHEREAS, COMMITTEE and ASSOCIATION have completed negotiations relative to a one (1) year extension/amendment of said CBA for the 2012-2013 school year and wish to memorialize their agreement;

NOW, THEREFORE, in consideration of the mutual promises exchanged herein COMMITTEE and ASSOCIATION agree as follows:

1. DURATION: (Article VII, §7.l1)

Extended One (1) year from August 15, 2012 to August 14, 2013

2. STIPENDS:

Two (2%) percent increase on all non-salary stipends in the CBA (e.g., A.R, ,Experience Stipend, Coaching, and Extra-Curricular Stipends, etc.)

3. WAGES:

Salary schedule for 2012-2013 as set forth:

ARTICLE I

PREAMBLE

1.1                 Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Agreement is effective this 15TH day of August, 2012 between the School Committee of the town of Swansea and the Swansea Educators' Association.

1.2                 Recognizing that our prime purpose is to provide education of the highest possible quality for the children of Swansea and that good morale within the teaching staff is essential to the achievement of that purpose, we, the undersigned parties to this Agreement declare that,

1.2.1              Subject to the provisions of this Agreement, the Committee and the Superintendent of Schools reserve and retain full rights, authority and discretion, in the proper discharge of their duties and responsibilities, to control, supervise and manage the Swansea Public Schools under governing law, by-laws, rules and regulations. In all matters under this Agreement calling for the exercise of judgment or discretion on the part of the Committee, the decision of the Committee shall be final and binding if made in good faith, except where some other standard of grievability or arbitrability is set forth in this Agreement or by law.

1.2.2              The teaching staff of the Swansea Public Schools has the responsibility for providing in the classrooms education of the highest possible quality.

1.2.3              The School Committee of the Swansea Public Schools has the responsibility of providing teaching facilities and an educational climate, which will bring about education of the highest possible quality.

1.2.4              Fulfillment of these responsibilities can be facilitated and supported by consultations and free exchange of views and information between the Committee, the Superintendent, and the Swansea Educators' Association, in the formulation and application of policies relating to wages, hours, and other conditions of employment for the professional employees covered by the terms of this Agreement.

ARTICLE II

RECOGNITION

2.1               Subject to the terms and provisions hereafter provided in accordance with the provisions of Chapter 150E of the General Laws of Massachusetts, the Swansea School Committee, hereafter referred to as the "Committee", during the term of and to the extent provided in this Agreement, recognizes the Swansea Educators' Association, hereafter referred to as the "Association", as the exclusive bargaining representative with respect to salaries, wages, hours, standards of productivity and performance, and other terms and conditions of employment for the professional employees employed by the Committee in the bargaining unit described as follows:

2.1.1              All classroom teachers, teaching specialists, counselors, librarians, nurses, guidance personnel, heads of departments, subject area coordinators, system-wide directors, coaches, and all other professional employees, including part-time teachers and professionals defined as those teachers/professionals who are:

a.  scheduled to work a full school year on a weekly schedule equal to or at least one-half of a full-time classroom teacher's weekly salary schedule; or

b.    scheduled to work at least one-half of the work days in a school year on a full­time basis.

Such part-time teacher/professionals shall be entitled to a pro rata share of the following contractual benefits:

i.                 salary

ii.                 sick leave

iii.                experience stipend

iv.                advance recognition

v.                 all paid leaves

2.1.2              Excluding the Superintendent, Assistant Superintendent, Manager of Instructional Services, Administrator of Finance/ Secondary Instructional Services, Director of Special Education, members of the Swansea Administrators for Education, Business Manager, principals, assistant principals, the school physician(s), substitutes, paraprofessionals, teacher aides, retirees, long-term substitutes, intermittent substitutes, per-diem substitutes, and all nonprofessional employees in the employ of the Committee.

2.1.3              Except as otherwise specifically provided in this Agreement and when the Association is notified otherwise in writing, the Committee designates the Superintendent of Schools as the agent of the Committee with respect to all matters pertaining to the administration of the provisions of this Agreement.

2.1.4              Reference to a professional employee or employees in this Agreement shall be deemed to include male and female employees as the case may be.

2.2               There shall be final and binding arbitration for all matters between the Committee

and the Association in accordance with Massachusetts General Laws, Chapter 150E.

ARTICLE III

COMPENSATION AND OTHER CONDITIONS OF EMPLOYMENT

3.1               Wages, hours, standards of productivity and performance, and any other terms and conditions of employment shall be adjusted to conform with the terms of this contract for the duration of this contract.

ARTICLE IV NON-DISCRIMINATION

4.1               The Committee and the Association agree that the provisions of this Agreement shall be applied without regard to race, color, religious creed, sex, sexual preference, or national origin.

ARTICLE V

DUES DEDUCTION - CREDIT UNION

5.1                 Association Dues:

5.1.1              Association members shall tender membership dues by signing the Authorization of Dues form. In accordance with the terms of the form of Authorization of payroll deduction hereinafter set forth, the Committee agrees to deduct Association membership dues from the pay of each member who executes or has executed such form and direct that the Town Treasurer remit the aggregate amount to the Treasurer of the Association along with a list of members who have had said dues deducted. Such remittances shall be made biweekly from September to June. The Association agrees to notify the Superintendent on or before October 15th in writing of the amount of Association dues to be deducted and of the name of the current Treasurer of the Association.

5.1.2              The dues form shall be the standard dues form of the Massachusetts Teachers Association.

5.2                 Credit Union:

The Committee agrees to make regular payroll deductions for Credit Union members. These deductions will be made from each regular paycheck in amounts designated by individual credit union members on appropriate payroll deduction authorization forms.

ARTICLE VI

GRIEVANCE PROCEDURE

6.1                 The purpose of the procedure set forth in this Article is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the professional employees covered by this Agreement. The Committee and the Association desire that such procedures shall always be as informal and confidential as possible.

6.2                 Nothing contained in this Article shall be construed as limiting the right of any aggrieved employee from discussing his grievance informally under the grievance procedures and from having his grievance adjusted, without the intervention of the Association, provided that such adjustment is not inconsistent with the terms of this Agreement and provided that the Association has been given the opportunity to be present at such adjustment and to state its views. All grievance discussions shall take place after school hours.

6.3                 A grievance is a statement of dissatisfaction and request for adjustment of a decision or some aspect of employment status or working conditions, which is beyond the control of the aggrieved employee but within the control of the School Department. This will involve disputes over interpretation or application of this Agreement.

6.4                 Employee grievances, except as is otherwise provided for herein, shall be processed in accordance with the following procedure:

6.4.1.1         LEVEL ONE: The aggrieved employee shall first present his grievance in writing to his immediate supervisor. The immediate supervisor shall advise the aggrieved employee in writing of the decision made with respect to the grievance within four (4) teacher working days after the grievance is presented.

6.4.1.2         If at the end of ten (10) teacher working days next following the occurrence of any grievance or the date of first knowledge of its occurrence by any employee affected by it, the grievance shall not have been presented at LEVEL ONE of the procedure set forth above, the grievance shall be deemed to have been waived. Any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified in the procedure.

6.4.2.1           LEVEL TWO: If at the end of the four (4) teacher working days next following the presentation of the grievance at LEVEL ONE, the grievance shall not have been disposed of to the employee's satisfaction, the aggrieved employee and the Association may, within ten (10) teacher working days thereafter, submit this grievance in writing to the Superintendent.

6.4.2.2           The written grievance shall state all of the facts involved, the provision(s) of the Agreement allegedly violated and the relief desired. Within seven (7) teacher working days after receipt of the written grievance, the Superintendent shall meet with the aggrieved employee and a representative of the Association in an effort to settle the grievance. (in the event of the absence or disability of the Superintendent, his designated representative shall act on his behalf.) Within ten (10) teacher working days after the conclusion of said meeting, the Superintendent or his representative, as the case may be, shall advise the aggrieved employee and the Association in writing of his decision concerning the grievance.

6.4.3              LEVEL THREE: If at the end of the seventeen (17) teacher working days next following the presentation of the grievance at LEVEL TWO, the grievance shall not have been disposed of to the employee's satisfaction, the aggrieved employee and the Association may within ten (10) working days thereafter submit his grievance in writing to the Committee. The Committee shall take up the grievance at one of its next two meetings. The Committee agrees to place Association grievances first on the agenda of executive sessions. The Committee shall, within ten (10) teacher working days after the conclusion of said meeting, advise the aggrieved employee and the Association in writing of its decision concerning the grievance.

6.4.4              LEVEL FOUR: If the Association is not satisfied with the disposition of the grievance at LEVEL THREE or if no decision has been rendered within ten (10) teacher working days after said meeting (of the Committee, the Association and the aggrieved employee), the Association may, by giving written notice to the Committee within ten (10) teacher working days after the date of the Committee's decision in LEVEL THREE or within twenty (20) working days after said meeting with the Committee if no decision has been rendered, present the grievance for arbitration. In such case the following procedure will be followed:

6.4.4.1           The Association shall forthwith submit the grievance to the American Arbitration Association, Boston, Massachusetts, for disposition in accordance with the applicable rules of said American Arbitration Association. Any arbitration hearing at which the presence of more than four (4) professional employees covered by the terms of this Agreement is required by the Association will be scheduled after school hours.

6.4.4.2           The arbitrator's authority shall be limited to an interpretation of the terms of this Agreement. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of this Agreement. The arbitrator shall have no authority to alter, modify or change in any way the terms and provisions of this Agreement.

6.4.4.3           The decision of the arbitrator shall be final and binding upon the Committee, the Association, and the aggrieved employee. The fee and expenses of the arbitrator shall be shared equally by the Committee and the Association.

6.5                 The time limits herein above specified for the bringing and processing of a grievance may be extended by mutual Agreement of the Association and the Committee.

6.6                 No written communication, other document or record relating to any grievance, shall be filed in the personnel file of any employee involved in presenting such grievance.

6.7                 If in the judgment of the Association a grievance affects a group or class of teachers, the Association may submit such a grievance at LEVEL ONE. If there is no common supervisor, the Association may submit the grievance in writing directly at LEVEL TWO.

ARTICLE VII

DURATION

7.1               Extended one (1) year from August 15, 2012 to August 15, 2013. This Agreement shall be in effect for the period from August 15, 2012 to and including August 14, 2013, and shall thereafter automatically renew itself for successive terms of one (1) year each, unless, by November 1 next, prior to the expiration of the Agreement year involved, either the Committee or the Association shall give the other written notice of its desire to modify or terminate this Agreement.

ARTICLE VIII

TEACHER RULES AND REGULATIONS

8.1                 TEMPORARY ABSENCE: No teacher shall leave the school premises during school hours for any length of time whatsoever without knowledge and permission of the principal.

8.2                 VISITING: The Superintendent shall make assignments of visiting days upon request as he may determine. Reports of visiting may be requested by the Superintendent.

8.3                 PRACTICE TEACHERS: The Swansea School Department will accept practice teachers from colleges in the area upon request from the college. Requests are to be made and approved by the principal of the school in which the teacher wishes to teach. No teacher is to be assigned to supervise a student teacher without his/her consent. Principals shall assign only teachers with the necessary experience and maturity to supervise student teachers. Student teachers shall comply with all rules and regulations as the principal and Superintendent of Schools shall direct.

8.4                 ABSENCE OF PERSONNEL: In cases of necessary absence from school, the personnel shall, except in emergency situations or situations beyond the control of the person, notify the principal or immediate supervisor or his designee, at least one hour prior to the time scheduled for the duties from which the person will be absent, of such absence and the reason therefore. Personnel shall keep the principal duly informed as to the time they intend to resume their duties.

8.5                 OUTSIDE EMPLOYMENT: Teachers shall not give private tutorials in academic areas for pay to pupils in their own classes during the current academic year.

8.6                 INTERVIEWS: Teachers shall not allow prolonged interviews with parents or others to interrupt classroom work. At the Secondary Level, parental conferences shall be arranged by the principal and held during the administrative period whenever possible.

8.7                 HEAT AND VENTILATION: Teachers shall at all times give vigilant attention to the ventilation and temperature of their classrooms. Any failure of the heating and ventilating apparatus to operate properly shall be reported in writing immediately by the teacher to the principal.

8.8                 REGISTERS AND RECORDS: Teachers shall not be required to keep class registers but will collect and prepare the initial data required for computer programming of attendance records and will collect and submit any changes which occur subsequent thereto.

ARTICLE IX

DEPARTMENT HEADS

9.1                 ORGANIZATION: They shall be responsible for intra-departmental organization and planning, use of equipment and facilities, exhibits, curriculum study and revision. They shall plan and call departmental meetings and act as chairman.

9.2                 SUPERVISION: They shall share with the administration the responsibility for supervision of department members, especially those of limited experience. Chairmen are an important source of assistance and advice for new faculty members.

9.3                 EVALUATION: When requested by the administration, they shall prepare evaluations and recommendations on members of the department.

9.4                 SOURCE MATERIALS: They shall be responsible for a continuing study of the professional literature of the department for materials of value to the department. They shall make recommendations to department members of materials valuable to them.

9.5                 PERSONNEL PROCUREMENT: When requested by the administration, they shall assist in meeting and interviewing department teaching candidates for final selection by the administration.

9.6                 BUDGET: They shall prepare and submit to the Superintendent of Schools through the principal, a preliminary and final budget for the department on dates which are specified by the Superintendent of Schools.

9.7                 INVENTORY: They shall maintain a running inventory of special supply items.

9.8                 BUDGET MANAGEMENT: They shall maintain a continuous account of budget expenditures of the department.

9.9                 EQUIPMENT AND SUPPLIES: They shall have overall responsibility for materials and supplies including audio-visual aids, which are assigned specifically to the department, maintenance, replacement, procurement, inventory, etc. They shall submit to the office requests and recommendations for the same.

9.10               CONFERENCES: They shall act as the primary representatives of the department at conferences outside the school.

9.11               LIBRARY MATERIALS: They shall make recommendations to the librarian of materials desirable for keeping adequate the department reference collection.

9.12               Leadership Team at the Junior High School will have four (4) teaching periods/day. Department Heads at the High School in the areas of Science, Social Studies, Mathematics and English/Reading will have four (4) teaching periods/day.

The above listed department heads shall have one preparation period/day and the remaining time will be designated by the building principal.

ARTICLE X

TEACHING HOURS AND TEACHING LOADS

10.1               The Committee and the Association recognize and agree that the teachers' responsibility to their students and their profession generally entails the performance of duties and the expenditure of time beyond the normal working day, but that teachers are entitled to regular time and work schedules on which they can rely and which will be fairly and evenly maintained under normal circumstances throughout the school system.

10.2               In an emergency, but not to exceed one period on the Elementary Level and one period on the Secondary Level per day, teachers may be required to supervise another teacher's class during their administration or preparation period. No additional compensation will be paid during an administrative period. Teachers assigned to supervise during a preparation period will be compensated at the rate of eighteen and 50/100 ($18.50) dollars per period at the Elementary Level eighteen and 50/100 ($18.50) dollars per period at the Secondary Level. In instances where the principal determines that teaching is required, the teachers will be compensated at a rate of twenty two and 50/100 ($22.50) dollars. Compensation received under this section will not constitute "regular compensation" for retirement purposes. Compensation received under this section will be for the duration of the CBA.

10.2.1            Assignments will be made on a rotational basis with all the professional teaching staff on the list.

10.2.2            All assignments will be made in a fair and equitable manner.

10.3.1            Senior teachers may be used as substitutes after dismissal of seniors at the High School.

10.3.2            Assignments will be made on a rotational basis with all the professional teaching staff on the list whose senior classes have completed their school year.

10.3.3            All assignments will be made in a fair and equitable manner.

10.4             Teachers may be required to substitute without additional compensation for other teachers where a teacher's presence is required by the administration at a CORE evaluation meeting under "Chapter 766" for a period not to exceed one hour, no more than once a year.

10.5.1            (a) Substitution for purposes other than those described in the preceding paragraphs (10.2 and 10.3 and 10.4) of this Article shall be compensated for at the following rates:

2012-2013

$22.60

The Committee may, at its option, schedule a teacher for compensatory time off in lieu of the aforesaid payment.

10.5.2            In instances where a teacher voluntarily agrees to teach a class on a regular basis, the teacher will be compensated via an annual stipend viz:

2012-2013

4834.00

10.6.1            Elementary: Each day shall be continuous time, thirty-four hours and thirty-five minutes (34:35) per week.

10.6.2            Junior High School: Each day shall be continuous time, thirty-four hours and thirty-five minutes (34:35) per week.

10.6.3            Senior High School: Each day shall be continuous time, thirty-four hours and thirty-five minutes (34.35) per week.

10.6.4            Elementary Work Day: Six hours and fifty-five (6:55) minutes per day.

10.6.5            Junior High School Work Day: Six hours and fifty-five (6:55) minutes per day.

10.6.6            Senior High School Work Day: Six hours and fifty-five (6:55) minutes per day.

10.7               In-Service/Professional Development Program: The administration recognizes the need for in-service programs in order to enhance and improve the curriculum. The in-service program for the Swansea Public Schools shall consist of four (4) full days for the duration of the CBA. Such days will be determined by the administration and such information disseminated to the professional staff as soon into the school year as practicable. The Association shall have a prominent role in the planning and implementation of all activities associated with in-service education. The Superintendent of Schools will determine the appropriate time for in-service and his decision in this matter shall be final. All Swansea teachers will participate in the in-service program. Students will not be scheduled to attend school on in-service days.

10.8               The administration may call staff meetings after the end of a regular work day, without additional compensation, not to exceed sixty (60) minutes in duration not more than one meeting per month. Junior and Senior High School personnel shall have no more than seven (7) meetings per year. Staff meetings will commence within (10) minutes of a school's dismissal time. Except in an emergency, staff members shall be notified of after school staff meetings at least three days prior.

10.8.1          The schedule of after school staff meetings will be posted at the beginning of the school year and such schedule shall be adhered to except in case of emergency.

10.9.1          The work year of personnel (other than new personnel who may be required to attend additional orientation days) covered by this Agreement shall be one hundred eighty-four (184) days for the school year 2012-2013. These additional days will be used for professional development activities and the lengthening of the school year will not, during the term of this Contract result in the teachers’ work year starting earlier than the Monday preceding Labor Day.

10.9.2.1        2012-2013, in order to accommodate the professional development program, the day before the first day of school shall be a full day for teachers and the last day of school for students shall be the last day of school for teachers provided that all reports are completed, all record keeping chores are completed and the principals and/or directors are satisfied that all professional responsibilities have been met.

10.9.3          Leadership Team, Department heads and system wide directors are to attend five (5) after school meetings per year of 1½ hour duration. There will be a two week prior notice of meetings.

10.10.1          Junior and Senior High School personnel may be required to attend three (3) evening meetings per school year. There may be one (1) evening open house and two (2) evening parent/teacher conferences. The time of any such meeting shall not exceed two hours. Attendance at any other evening meeting shall be voluntary.

10.10.2          Elementary personnel may be required to attend three (3) evening meetings per school year. There may be one (1) evening open house and two (2) evening parent/teacher conferences. The time of any such meeting shall not exceed two hours. Attendance at any other evening meeting shall be voluntary. Elementary personnel may be scheduled to attend (4) afternoon meetings per school year for the purpose of conducting parent/teacher conferences. The days of the afternoon parent/teacher conferences shall be a half (1/2) day for students.

10.11             Personnel shall be available beyond the regular workday for core evaluation meetings when students assigned to their responsibility are being evaluated. Personnel shall be compensated at the following rates:

2012-2013

$22.60

10.12             Personnel will have a duty-free lunch period of at least twenty-five (25) consecutive minutes.

10.13.1          Classroom teachers will have, in addition to their lunch period, a preparation period during which time they will be assigned no teaching duties. The preparation period will deal directly with a subject or subjects being taught by teachers, but will not consist of any programmed responsibility.

10.13.2          Providing for the needs of main streamed students with IEP's shall not be considered a separate preparation.

10.13.3          Elementary School:

All Elementary teachers shall be guaranteed:

Five (5) guaranteed weekly preparation periods of no less than forty-five (45) minutes each, on a daily basis.

10.13.4                  Junior High School:

10.13.4.1       All teachers at the Junior High School level shall be scheduled to have at least forty-five (45) minutes each day for subject preparation, in addition to a daily free lunch period. No teacher shall be scheduled for more than twenty-five (25) teaching periods. Skills classes shall not be considered separate preparations and shall be scheduled during teachers' administrative periods. Any time not assigned for either teaching or class preparation will be used for administrative purposes. Teaching periods are those periods in which the teacher is actively involved with pupils in the act of teaching, either as an individual, or as a member of a teaching team, and has participated in the planning of the instruction to be conducted. Science laboratory periods are to be considered teaching periods. No teacher shall be scheduled for more than 260 minutes of teaching periods in one day.

10.13.4.2       Administration periods are those periods during which the teacher is programmed for an activity other than teaching. Included among administrative assignments, but not exclusive, will be:

10.13.4.2.1    Study period supervision.

10.13.4.2.2    Supervisory duties assuring minimum protection for health and safety of students.

10.13.4.2.3    Duties and professional projects which are related to the instructional program of the teacher and his department, such as, but not limited to:

A. Curriculum development and adaptation;

B. Review and selection of instructional materials;

C. Long range and unit planning;

D. Preparation for departmental and other conferences;

E. Construction of departmental and teacher tests;

F. Correction of written work of pupils;

G. Parental conferences; H. Pupil interviews.

10.13.5         Senior High School:

10.13.5.1       Teachers assigned to an eight period teaching schedule will have five (5) teaching periods per day, one (1) preparation period per day and two (2) administrative periods per day.

10.13.5.2       Teachers assigned to a seven period teaching schedule will have no more than twenty-five (25) teaching periods, no more than five (5) administrative periods and no less than five (5) preparation periods in a school week.

10.13.5.3       In any day consisting of seven (7) periods, there shall be one (1) period designated a "Bubble". During the Bubble Period, the first half of the period shall be devoted to traditional teaching methods and techniques and cover traditional subject matter.

The second half of the Bubble shall be devoted to such educationally productive activities as the teacher may select, including, but not limited to, directed study, independent work projects, small group projects and class or individual review; except for science labs which will continue to be conducted throughout the entire period.

No teacher shall be subject to discipline for his/her selection of educationally productive activities during the second half of the "Bubble Period" as defined above.

10.13.5.4       Teaching periods are those periods in which the teacher is actively involved with pupils in the act of teaching, either as an individual or as a member of a teaching team, and has participated in the planning of the instruction to be conducted.

10.13.5.5       Science laboratory periods are to be considered teaching periods and those teachers who teach science laboratory periods shall receive the same stipend as that received by teachers who voluntarily agree to teach an extra class on a regular basis as set forth in §10.5.2 above.

10.13.5.6       Administrative periods are those periods during which the teacher is programmed for an activity other than teaching. Included among administrative assignments, but not exclusive, will be:

10.13.5.6.1    Study period supervision.

10.13.5.6.2    Supervisory duties assuring minimum protection for health and safety of students.

10.13.5.6.3   Duties and professional projects which are related to the instructional program of the teacher and his department, such as, but not limited to:

A.   Curriculum development and adaptation;

B.    Review and selection of instructional materials;

C.   Long range and unit planning;

D.   Preparation for departmental and other conferences;

E.   Construction of departmental and teacher tests;

F.   Correction of written work of pupils;

G.   Parental conferences; H. Pupil interviews.

10.14   Secondary school teachers will not be required to have more than a total of three (3) teaching preparations.

10.15             The last school day preceding Thanksgiving recess shall be a half (l/2) day.

10.16             The Committee and the Association recognize that the performance of supervisory duties by members of the bargaining unit is necessary for the protection of the health and welfare of students. These duties shall be assigned in a fair and equitable manner. Decisions regarding duty assignments shall be predicated upon the availability of staff and the overall educational needs of the students.

10.17             All Elementary members of the bargaining unit may have their work day extended 18 minutes beyond the operative schedule set forth in paragraph 10.6.4 in an emergency situation to be defined as extreme weather conditions, unexpected delay of school busses or other circumstances beyond the control of the administration for the purpose of supervising pupils beyond their regular school day. Such supervisory duties shall include, but not be limited to, the boarding and unloading of school buses. Building principals will be responsible for assigning unit personnel to such duties and such assignments shall be made in a fair and equitable manner.

10.18             Current non-teaching duties performed by Elementary School Department personnel will be fairly and equitably apportioned among all Elementary School professional staff. The administration will schedule staff to facilitate such equitable distribution. Nothing herein shall require the administration to hire additional staff or assign additional staff to any school.

10.19             The last two days of the school year shall be a half (l/2) day for Elementary students.

ARTICLE XI

TEACHERS' INITIAL CONTRACT

11.1             A teacher's initial contract shall be as follows:

The School Committee of the town of Swansea, Massachusetts, hereby agrees to employ ________. (to whom the term "teacher" hereinafter refers) and the teacher hereby agrees to serve under the direction of the Superintendent of Schools as a _______ In the public schools of said town, for the school year beginning, ___________, 20...., and ending .__________, 20______, subject to conditions stated below.

In accordance with the provision of the prevailing salary schedule of the School Committee for said town, the Committee has voted and hereby agrees to pay said teacher, and said teacher hereby agrees to accept, for service during the above-stated periods, an annual salary rate of $ ........ , which is subject to required deductions and other agreed-to deductions which the teacher may in writing authorize.

This contract shall be renewed annually unless the teacher has been notified in writing prior to June 15 in one school year that the contract will not be renewed for the following year. For each year for which this contract is renewed the annual salary of the teacher will be in accordance with the provisions of the prevailing salary schedule of the School Committee for said town.

This contract may be terminated by mutual consent at any time. It may be terminated by the Committee for cause as provided by statute. The teacher may resign for good reason by submitting at least thirty (30) days' written notice.

Signed ___________________________________

Teacher Dated ___________________________________

School Committee Of Swansea, Massachusetts

By ___________________________________

Dated ___________________________________

ARTICLE XII

NON-INSTRUCTIONAL DUTIES

12.1               The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and his energies should, to the extent possible, be utilized to this end. Teachers will not be required to perform the following duties to an extent greater than now in general performed:

12.1.1            Typing letters, notices, enrollment lists, schools programs, newspaper write-ups, bulletins, bus lists, promotion lists and assembly programs;

12.1.2            Assist in preparing milk money, bank money, insurance money and picture money;

12.1.3            Delivery of books and materials to classrooms;

12.1.4            Supervision of supply room and inventory of supplies;

12.1.5            Preparation of test book inventory forms;

12.1.6            Meet visitors to the building to help minimize class disruption;

12.1.7            Handle routine phone calls and requests for information and assist teachers in arrangement of appointments;

12.1.8            Assist in keeping the school library neat and up to date;

12.1.9            Tabulation and recording of test results on pupil report cards.

12.2               No teacher shall drive pupils to activities which take place away from the school building unless authorized by and mutually agreed upon by the Superintendent and said teacher.

12.3               Progress Reports: In addition to preparation of regular report cards, all teachers will prepare progress reports for all of their students at the mid-point for each of the four (4) school terms.

12.3.1            This report replaces warning notices.

12.3.2            Form of the report is to be determined by Agreement of the Administration and the Association.

12.3.3            Teachers may fill out the forms during class.

12.3.4            Distribution will be the same as regular report card procedure.

ARTICLE XIII

TEACHER ASSIGNMENT

13.1               In order to assure that pupils are taught by teachers working within their areas of competence, teachers cannot be assigned outside the scope of their teacher certificates and/or their major or minor fields of study, except in the case of an emergency, without mutual consent of the teacher and the Superintendent.

13.2               Teachers will be notified of any substantial changes in their programs for the coming year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have, as soon as practicable and under normal circumstances, not later than the end of the prior school year. In arranging schedules for teachers who are pre-assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable.

13.3               Mileage payments for teachers shall be computed and paid as follows:

13.3.1            Teachers who have a regular route:

13.3.1.1         By the end of September, submit mileage to the Superintendent;

13.3.1.2         Mileage per week x reimbursement per mile = $ ..... per week;

13.3.1.3         Thirty-nine (39) weeks x $ ........ per week = $ ..... per year;

13.3.1.4         One-half (1/2) of $ ...... per year to be paid in January and one-half (2) of mileage

per year to be included in the last check received in June.

13.3.2            Teachers who have irregular travel schedules:

13.3.2.1         Mileage to be submitted each month;

13.3.2.2         Mileage x reimbursement per mile = $ ......... due;

13.3.2.3         All $ .......... mileage payments due from the start of school until the end of January will be included in the first check received in February. All mileage payments due from February 1 until the end of the school year will be included in the last check received in June.

13.4               Reimbursement for mileage shall be in such amounts as the Committee may from time to time establish for all employees of the School Department, but in no event less than $0.48 per mile.

13.5               If a new position is established, the salary for such position shall be in line with established salaries.

13.6               If there are any substantial changes in the duties of any existing position, the Committee will negotiate with the Association regarding possible modifications in the salary for such positions.

ARTICLE XIV

TEACHER FACILITIES

14.1               Each school will have the following facilities:

14.1.1            Space in each classroom in which professional staff personnel may store instructional materials and supplies;

14.1.2            Wherever possible, a teacher workroom containing adequate equipment and supplies to aid in the preparation of instructional materials;

14.1.3            A serviceable desk and chair for the teacher in each classroom;

14.1.4            Well lighted and clean teachers' rest rooms;

14.1.5            A mailbox for every teacher in each building;

14.1.6            A clean classroom in which to teach.

14.2               The Committee agrees to maintain a resource library for teachers within the system. The resource library will be a centralized area for the storage of teacher reference materials for all levels and will be located in the High School library.

14.3               Wherever possible, an appropriately furnished room to be reserved for the exclusive use of the professional staff personnel as a faculty lounge. Teachers may, with the approval of the school principal, install and maintain equipment for dispensing of coffee for staff and visitors.

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

14.5               All the above facilities shall be included in all new buildings.

ARTICLE XV

TEACHER EVALUATION

15.1               All monitoring or observation of the work performance of a teacher will be conducted openly and with the full knowledge of the teacher. Teachers will be given a copy of any evaluation report prepared by their supervisors and both parties will have the right to discuss such report with each other. Evaluation procedures shall be administered fairly and equally.

15.2               The evaluation philosophy, explanation and procedure, performance goals for improved instruction, summary and procedures for professional improvement plan (PIP) located on the District website and in the Teacher handbook

15.3               Teachers shall have the right to file a grievance regarding any alleged failure of the administration to follow the evaluation procedure. Substantive evaluation reports shall not be subject to the grievance and arbitration procedure.

15.4.1            Teachers will have the right, upon request, to review the contents of their personnel file in the presence of the Superintendent or his representative. A teacher will be entitled to have a representative of the Association accompany him during such review. It is understood and agreed that material concerning the teacher obtained at time of employment and which was guaranteed to the supplier as remaining confidential, is not open to teacher inspection.

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

15.5               Any complaints, either oral or written, of an official nature regarding a teacher made to any member of the administration by any parent, student or other person will be promptly called to the attention of the teacher.

15.6               The Association recognizes the authority and responsibility of the principal for disciplining or reprimanding a teacher for delinquency of professional performance. If a teacher is to be disciplined or reprimanded, he will be entitled to have a representative of the Association present.

15.7               No teacher will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause. It is agreed that this provision shall in no way affect the Committee's statutory right not to renew the contract of a teacher without professional status.

ARTICLE XVI

TEACHER TRANSFERS

16.1             TRANSFERS. When transfers are considered, a teacher's area of competence, major and/or minor field of study, quality of teaching performance and length of service in the Swansea School System will be among the considerations in determining which teacher is to be transferred. Any transfer will be only after a meeting between the teacher involved and the Superintendent (or his designee), at which time reasons will be discussed for the transfer. The Superintendent's decision will be final.

VACANCIES AND NEW POSITIONS

16.2.1            PROMOTIONAL POSITIONS. Whenever any vacancy in a promotional position occurs during the school year, it will be adequately publicized by the Superintendent by means of a notice placed on the Superintendent's bulletin board and by providing a copy to the Association president who may place it upon the several school bulletin boards. During the months of July and August, written notice of any such vacancy will be given to the president of the Association. In both situations, the qualifications for the position, its duties, rate of compensation, and the due date of applications will be clearly set forth. The qualifications set for a particular position which is or will be vacant will not be changed unless the Association has been given due notice of such changes.

16.2.2            Promotional positions are defined as positions on the administrative supervisory level including Superintendent, Assistant Superintendent, Manager of Instructional Services, Administrator of Finance/Secondary Instructional Services, Director of Special Education, 6-12 Guidance Director, principals, assistant principals, administrative assistants, department heads, supervisors and system-wide directors.

16.2.3            The Committee shall have the right to fill any vacancy which occurs in an existing administrative supervisory position by reason of transfer, resignation, dismissal, death, or incapacity with any other person then in the employ of the Committee in an administrative supervisory position without the need or requirement to post the position as herein before required. The filling of any such position which results in the employment of a person not serving in an administrative supervisory position at the time the position is to be filled, will be posted as hereinbefore required.

16.2.4            All qualified teachers will be given adequate opportunity to make application for such positions, and the Committee agrees to give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors. In filling such vacancies, consideration will be given to qualified teachers already employed by the Committee, and each teacher applicant not selected will, upon request, receive an explanation from the Superintendent or his designee. Appointments will be made as soon as practicable after the due data of the application.

16.2.5          By June 15th or as soon thereafter as such positions become known, the Superintendent will inform the Association of positions expected to be available in the Swansea School System the following year.

16.3.1            BARGAINING UNIT POSITIONS: A vacancy shall be defined as any new bargaining unit position or an opening in an existing bargaining unit position.

16.3.2            Notice of all permanent vacancies to be filled shall be posted by the end of the school year in each school, clearly setting forth qualifications for the positions, duties, and salary ranges. Such qualifications, duties, and salary ranges shall not be changed after having been posted without prior notice to the Association. Notice of vacancies shall be posted at least seven (7) days before the date when applications must be submitted. Teachers who desire to apply for such vacancies shall submit their application, in writing, to the Superintendent or his/her designee within the time limit specified in the notice.

16.3.3            Voluntary transfers to vacant positions may be made without the necessity of posting. The Association will be notified of all such transfers.

16.3.4            When a vacancy occurs during the school year, which the Committee intends to fill on a temporary basis for the remainder of the school year, a letter stating the existence of a vacancy will be sent to the President of the Association when the existence of such vacancy becomes known and a decision on an intent to fill it is made. The Committee shall not be required, however, to delay in making an appointment to fill the vacancy.

ARTICLE XVII

TEMPORARY LEAVES

17.1               Up to four (4) days absence with pay will be allowed for each death in the immediate family in any school year. This allowance cannot be accumulated from year to year, and such absence is not to be charged to sick leave. Immediate family means: spouse, children, and any other members of the same house, parents, grandparents, grandchildren, brothers, sisters, parents-in-law and children-in-law.

17.2               One (1) day's absence, or such part of a day as is needed, will be allowed, without loss of pay, for each death of close relatives in any school year, not cumulative from year to year and not charged to sick leave. (Close relative means: uncles, aunts, cousins, nieces, nephews, brothers-in-law, sisters-in-law, grandparent-in-law and intimate friends.) Allowance for an intimate friend is at the discretion of the Superintendent.

17.3               One (1) day per academic year with pay will be allowed to attend the High School or college graduation of a member of the immediate family. Such days will be charged to annual sick leave.

17.4               VISITING DAYS: Teachers may receive two visiting days to visit other schools for the purpose of improving classroom work, provided such visits are approved by the principal. Such requests are to be made by the teacher in writing to the principal; the principal shall forward such requests to the Superintendent or his designee for final approval. These days will not be charged to sick leave.

17.5.1            PERSONAL DAYS: Two days per year with no loss of pay will be allowed for personal business in cases of emergency. Personal days requested in any contract year shall be only for personal business that is unexpected, unforeseen or that cannot be scheduled out of school time. Requests should be made to the principal and in writing to the Superintendent at least forty-eight (48) hours prior. The teacher must state the general nature of the emergency by identifying the need in one of the following areas:

A) Medical;

B) Legal;

C) Business.

17.5.2            Personal days, whether first or second, will not be granted on the last school day preceding and the first school day following the Thanksgiving, Christmas, winter and spring recesses; on any Friday preceding a week in which there is a Monday holiday; and/or any Tuesday following a Monday holiday, except as hereinafter provided. The Superintendent may waive this requirement at his discretion in cases of extreme emergency.

17.5.3            The Superintendent may in his sole discretion grant a personal day on the day immediately preceding or following a school vacation period to those employees who have not used any personal days during the school year. The granting and use of such a personal day shall be termed a premium personal day and shall count as the use of two regular personal days.

17.5.4            Personal days will be cumulative to a total of four (4). When a teacher has accumulated four (4) personal days and has not utilized them by the close of that school year, he or she will be compensated at the rate of Sixty and 00/100 ($60.00) per day for the duration of the CBA.

17.6               The Committee recognizes its responsibility under the law to make reasonable accommodations to the religious needs of its employees as per past practice.

17.7               At the time of the birth of a child in a teacher's family, the father may have one (1) day without loss of pay and without deduction from sick leave.

17.8               At the discretion of the Superintendent, travel time may be allowed without loss of pay and with days deducted from sick leave.

17.9.1            Up to five (5) days emergency leave shall be granted, without loss of pay, in the event of serious illness in the professional employee's immediate family as defined in paragraph 17.1 requiring the bedside or household attention of the teacher.

17.9.2            Any leave taken under this section shall be deducted from the teacher's sick leave.

17.9.3            The teacher may be required to substantiate the need for this leave.

17.10             A teacher in military reserve, such as National Guard, shall receive up to ten (10) working days leave upon his showing proof that such obligations involve regular annual encampment and must be fulfilled on days when school is in session. Such leave may be extended two (2) days by special assignment. Said teacher will be compensated by the Committee in the amount of difference between the base pay received by said teacher from the military and his regular teacher's salary (i.e., base salary plus advance recognition). The Committee agrees to comply with the requirements of Federal and/or state law regarding military leaves.

17.11             The school administration may recommend to the Committee that it extend the scope of paid temporary leaves of absence at its full discretion based upon whatever pertinent merit it considers as justification.

ARTICLE XVIII

EXTENDED LEAVES

18.1             Leaves of absence without pay may be granted by the Committee upon application to teachers who have completed three (3) years of consecutive, full-time service in the Swansea School Department:

18.1.1            for acceptance of a teaching position related to the teacher's normal duties, in a foreign country;

18.1.2            for study related to professional improvement in his teaching area;

18.1.3            for study to meet eligibility requirements for certification;

18.1.4            for study related to teacher's certification field;

18.1.5            for travel for education improvement.

18.2.1            In addition to the above, the Committee may, in its sole discretion, grant leaves of absence without pay to teachers who have completed three (3) years of consecutive full-time service in the Swansea School Department for work in another field. Such leave shall not exceed two years in duration. The granting or denial of such requests shall not be subject to the grievance and arbitration procedures.

18.2.2            Any teacher on such leave will inform the Superintendent by April 1 of the year he is on leave of the fact and date that he will be returning.

18.3               Due to extended illness of a teacher or a member of his/her immediate family, a teacher will be granted a leave of up to one year. This right shall be limited to the first two applicants in the school systems who apply for the same.

18.4               Upon return from an excused leave, a teacher will resume all retained credits that were held at the time that the excused leave was granted. Upon the teacher's return, he will be assigned to the same position he held at the time said leave commenced, if available, or, if not, to be assured the first occurring vacancy in any position for which he is qualified, and which he requests. Seniority will continue to accrue during those periods when a teacher is on extended leave.

18.5               The Committee may in its discretion, grant an unpaid leave of one (1) year to any teacher who has completed twenty (20) years of service.

ARTICLE XIX

SICK LEAVE

19.1.1            Annual sick leave shall be allowed all teachers at the rate of fifteen (15) school days per year accumulative to a maximum of 275 days

19.1.2            Sick leave shall not accrue or accumulate during periods of leave of absence (extended leave, sick leave, extended sick leave, sabbatical leave, maternity leave, etc.) Sick leave will not be credited retroactively.

19.2               Any teacher who in any way abuses the intent of sick leave will reimburse or have withheld from his salary the total sick leave dollars involved and will be subject to disciplinary action.

19.3               In the event of absence of any teacher for illness, the Committee may, if it has reasonable cause to believe that there is an abuse of sick leave policy, require an examination by an independent physician or by a teacher's personal physician, such examination to be at the Committee's expense.

19.4.1            After five (5) occurrences of sick leave absence, the teacher, upon return to school will meet with the respective building principal or other administrative supervisor to review the teacher's attendance record. The teacher will provide medical substantiation of the reason for the most recent absence and any prior absences if appropriate to explain the most recent absence. The building principal or appropriate administrative supervisor will file a written report including a recommendation to the Superintendent of Schools. A copy of the report will be placed in the teacher's personnel file. Any subsequent absences for illness after this conference may require documentation by a medical substantiation. The Superintendent of Schools may also require verification by a doctor of the Committee's selection and expense.

19.4.2            After ten (10) occurrences of sick leave absence in any school year, the teacher upon return to school will meet with the Superintendent to review the teacher's attendance record. The Superintendent will file a written report of this meeting to the Committee and a copy of the report will be placed in the teacher's personnel file.

19.4.3            If the teacher is absent on two subsequent occurrences, the Superintendent may make a recommendation to the Committee concerning discipline or other appropriate action. The Superintendent will provide the teacher with the right to present his/her position prior to any such recommendation.

19.5.1          After the regular sick leave has expired, teachers shall have additional sick leave in the event of an extended illness during which time the regular substitute rate of pay will be subtracted from the teacher's salary. The amount of additional sick leave for an extended illness each teacher will have will be according to the following schedule:

 

Days Of Additional Sick

Experience In Swansea

Leave For Extended Illness

3 Years

15 Days

4-6 Years

25 Days

7-9 Years

35 Days

10 Years

50 Days

19.5.2            Extended illness shall be defined as illness, sickness or injury which incapacitates a teacher from the performance of his or her regular duties for a period exceeding ten (10) consecutive days. The ten (10) consecutive days will be computed from the first day of such incapacity. Such incapacity shall be verified by a medical certificate submitted by the teacher with the teacher's request for additional sick leave for extended illness. The Committee shall have the right to require an examination of the teacher or a review of the teacher's medical record by an independent physician to verify teacher's claim of incapacity.

19.5.3            After regular sick leave, and/or additional sick leave for extended illness and/or any sick leave bank benefits have expired, if applicable under the provisions of this Article, the fraction of one hundred eighty-fourth (1/184) of annual salary would apply as a daily deduction from the annual salary.

19.6             The number of sick leave days which each teacher has accumulated will be made known to the teacher by October 15.

ARTICLE XX

MATERNITY LEAVE

20.1               A female employee who has completed the initial probationary period set by the terms of her employment, or if there is no such probationary period, who has been employed by the same employer for at least three (3) consecutive months as a full­time employee, who is absent from such employment for a period not exceeding six (6) months for the purpose of giving birth, said period to be hereinafter called maternity leave, and who shall give at least two weeks notice to her employer of her anticipated date of departure and intention to return, shall be restored to her previous, or a similar position with the same status, pay, length of service credit and Seniority, wherever applicable, as of the date of her leave. Said maternity leave may be with or without pay at the discretion of the employer.

20.2               Such employer shall not be required to restore an employee on maternity leave to her previous or a similar position if other employees of equal length of service and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such maternity leave; provided, however, that such employee on maternity leave shall retain any preferential consideration for another position to which she may be entitled as of the date of her leave.

20.3               Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, Seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, and any other advantages or rights of her employment incident to her employment position; provided, however, that such maternity leave shall not be included, when applicable, in the computation of such benefits, rights and advantages; and provided further, that the employer need not provide for the cost of any benefits, plans or programs during the period of maternity leave unless such employer so provides for all employees on leave of absence. Nothing in this section shall be construed to affect any bargaining Agreement or company policy which provides for greater or additional benefits than those required under this section.

20.4               A notice of this provision shall be posted in every establishment in which females are employed.

20.5               For purposes of this section, an 'employer' shall be defined as in Subsection 5 of Section One of Chapter One Hundred and Fifty-One B. (added by 1972, 790 1, approved July 19, 1972, effective 90 days thereafter.)

ARTICLE XXI

SICK LEAVE BANK

21.1             This bank is to be used by all eligible teacher or teachers who have the misfortune of being ill over an extended period of time.

21.2.1            By November 1 every eligible teacher will be given the opportunity to sign a voucher stating that he/she will give the bank one (1) day of his/her sick leave. This voucher must be turned into the Committee, consisting of the Superintendent of Schools, two Committee members and five teachers, by November 1 in order to be eligible for that school year.

21.2.2            No meeting of the sick leave bank committee shall be held without the presence of at least one voting representative of the Committee and sick leave bank benefits shall not be granted in excess of thirty (30) days at a time.

21.3             Only those teachers who give days to the bank are entitled to draw from it, if the need arises.

21.4.1            If a portion of the days in the bank are used in one school year, the bank will be refilled by all teachers wishing to participate. In order to be eligible, a teacher must donate to the bank at the beginning of every year that the bank is in need of days.

21.4.2            If the number of days in the bank at any time exceeds 300, no days will be asked for the following year except in the case of teachers who desire to participate in the sick bank and have not previously participated.

21.5               If the need should arise, more than one teacher can draw from this bank concurrently. If the bank runs out of days during the year, the teachers participating in the bank will be given the opportunity to donate another day.

21.6               There will be a limitation of 125 days given to any teacher during one extended illness.

21.7               The sick leave bank will apply to all teachers in the Swansea School System who have served three (3) full years, except that those teachers already employed are fully covered.

21.8               In instances where sick leave bank benefits are afforded a teacher on the basis of a medical prognosis by a physician, the Committee shall have the right to thereafter require the teacher to provide medical evidence at biweekly intervals which substantiates the continuing medical need for sick leave and inability to work.

21.9               Teachers shall be required, in the event of sickness, to use sick leave first, then extended sick leave and lastly sick leave bank benefits. No more than $70.00 per day shall be deducted from sick leave bank benefits to reimburse a substitute teacher.

ARTICLE XXII

SABBATICAL LEAVE

22.1               Teachers covered by this contract may, subject to the approval of the Committee, be granted sabbatical leave of one (1) year for advanced study. The granting of sabbatical leave shall be at the sole discretion of the Committee.

22.2               Not more than three (3) teachers may be absent on sabbatical leave at any one time.

22.3               Application for sabbatical leave shall be submitted to the Superintendent of Schools on or before December 1 if it is to become effective in September. The Committee will issue a decision not later than February 1. A teacher requesting such leave shall submit an application for approval or activities for professional improvement, specifying the reasons for which the leave is requested. Evaluation of each application on the basis of services rendered by the applicant and the use to be made of the requested sabbatical leave shall be the responsibility of the Superintendent who shall report his findings to the Committee.

22.4               Sabbatical leave shall be granted only to teachers who have served for at least seven (7) years in the Swansea School System. A second or third such leave shall not be authorized until a teacher shall have re-established eligibility by serving another period of seven (7) years.

22.5               Teachers on sabbatical shall receive from the Committee fifty percent (50%) of the salaries, which they would have received if they had remained on active duty.

22.6               The Superintendent of Schools shall require that a teacher on sabbatical leave submit a report to him concerning the manner in which his leave is being used.

22.7               Prior to granting of a sabbatical leave, a teacher shall enter into written Agreement with the Committee that upon the termination of such leave, he will return to service in the Swansea School System for a period equal to twice the length of the leave and that, in default of completing such service, he shall refund to the town of Swansea an amount equal to such proportion of salary received by him while on leave as the amount of such service not actually rendered as agreed bears to the whole amount of service agreed to be rendered.

22.8               Upon his return from sabbatical leave, a teacher's salary shall be the same as he would have received had the period of his leave been spent in the Swansea School System, and he shall be returned to the same position which he held at the time said leave commenced, if available, or, if not, to a substantially equivalent position.

22.9             Teachers on sabbatical leave shall not be eligible for tuition reimbursement as defined in Article XXX, Paragraph 30.11.

ARTICLE XXIII

PROTECTION - INJURY BENEFIT - INSURANCE

23.1               All cases of assault suffered by teachers in line of duty connection will be reported in writing to their immediate supervisor or principal.

23.2               The School Department will institute immediate action to remove immediately any further exposure to conditions of assault that may continue to exist during the period of investigation.

23.3               The parties recognize and accept the respective responsibilities mandated by General Law Chapter 258.

23.4               Any charges against school personnel for neglect of duty, improper action, or unfitness for duties assigned, shall be submitted in writing and signed by the complainant. Such charges shall be first reviewed with the parties concerned by the Superintendent, and if requested, shall be brought before the Committee in executive session.

23.5               The Committee will maintain workmen's compensation for its employees. The Committee will pay teachers who are on workers compensation as the result of an injury arising during the course of employment with the Swansea School Department, the difference, out of sick leave, between any workers compensation payment received and the teacher's daily rate.

23.6               The Committee will extend to members of the bargaining unit, the maximum percentage authorized by the town of the cost for any medical and/or dental plan of the type available to town employees.

23.7               Cafeteria Plan - the Committee subject to whatever limitations as may be imposed by state law will agree to implement a flexible benefit plan. If such plan cannot be implemented unilaterally by the Committee, the Committee shall recommend and support its adoption by the town.

ARTICLE XXIV

AGREEMENT STATUS

24.1             This Agreement supersedes all prior Agreements pertaining to the salaries, standards or productivity and performance and other terms and conditions of employment of the professional employees of the Association for the duration of the contract.

ARTICLE XXV

PROFESSIONAL DEVELOPMENT AND EDUCATION IMPROVEMENT

25.1             The Committee will pay the reasonable expenses (including fees, meals, lodging, and/or transportation) incurred by teachers who attend workshops, seminars, conferences or other professional improvement sessions at the request and/or with the approval of the Superintendent. Travel via private vehicle will be reimbursed at a minimum rate of forty-eight ($0.48) cents per mile or such higher rate as may be established by the Committee for all employees.

ARTICLE XXVI

SPECIALISTS AND SPECIAL PROGRAMS

26.1             The Committee and the Association recognize the fact that an adequate number of competent specialists is essential to the operation of an effective educational program.

ARTICLE XXVII

ASSOCIATION COURSE OFFERINGS

27.1               Subject to the approval of the Committee, the Association may set up three (3) credit courses of an educational nature taught by a qualified person (any person teaching at an accredited four-year college or university). If the guidelines are met, the Committee will not arbitrarily withhold approval of the course offering.

27.2               The Committee will give the three (3) credits to teachers who have passed these courses. This credit will be applied to any course requirements of teachers in the Swansea School System and to lateral movement (B+15, B+30, M+15 and M+30) on the salary schedule.

ARTICLE XXVIII

POSITIONS IN EVENING SCHOOL AND UNDER FEDERAL PROGRAMS

28.1               All new openings for evening school positions and for positions under Federal programs will be adequately publicized by the Superintendent in each school building as early as possible and applicants who have applied for such positions will be notified for the action taken regarding the applications as early as possible. Under normal circumstances, evening school offerings will be publicized not later than September 1, and applicants be notified of the action taken not later than September 15.

28.2               Positions in the evening school and positions under Federal Programs will, to the extent possible, be filled first by regularly appointed teachers in the Swansea School System. In filling such positions, consideration will be given to a teacher's area of competence, major and/or minor field of study, quality of teaching performance, attendance record, length of service in the Swansea School System, and to summer school or evening school positions previously held.

ARTICLE XXIX

REDUCTION IN FORCE

29.1               Decline in student enrollments, changes in curricular offerings, economic restraints, or other conditions may necessitate the reduction of a number of bargaining unit positions. The Committee shall determine when and if such reductions are necessary. When the Committee determines that a reduction is necessary, the following procedures shall apply:

29.1.1            The Committee shall attempt to effect such reduction by attrition whenever possible and practicable;

29.1.2            In determining which teachers shall be laid off, the Committee shall consider the following factors:

I. Seniority (as hereinafter defined);

II. Type, quality and length of classroom experience, area of certification, quality of teaching performance and attendance record.

29.1.3            The above factors shall govern decisions by the Committee in effecting layoffs, but the final decision shall rest in the discretion of the Committee and may be the subject of arbitration only if made in an arbitrary and capricious manner.

29.1.4            Seniority is defined as a teacher's length of consecutive service in years, months and days in a bargaining unit position.

29.1.5            Seniority shall be computed as of a teacher's first day of employment as a full-time employee in a paid position in this bargaining unit.

29.1.6            Approved leaves of absence shall not be considered breaks in consecutive services.

29.1.7            Instances where the total number of years, months and days are equal, Seniority shall be determined by lot conducted by the Committee.

29.2               The Committee or the Superintendent will develop a mutually agreed to Seniority list on or before November First of each school year. The Superintendent shall maintain and update the list thereafter for the balance of each year. The Superintendent will provide the SEA with a copy of any updated list throughout the year.

29.3               In lieu of lay-off, a teacher with professional status may request that the Committee grant him/her an unpaid leave of absence for a period of twenty-four (24) months. Such request shall be made and submitted on a form to be provided by the Committee. The granting of any such request shall be conditional upon the teacher waiving any present or future rights to a dismissal hearing that the teacher may have pursuant to the General Laws of the Commonwealth, specifically including General Law, Chapter 71, and Section 42. A teacher on leave of absence under this provision shall have the same recall rights as a dismissed teacher.

29.4               A teacher with professional status who is dismissed because of a reduction in force shall have the first right to be re-hired as provided below for positions which become vacant up to twenty-four (24) months from the teacher's dismissal.

29.4.1            With respect to Secondary and Special teachers, the right to re-hire shall be limited to the positions which they held at the time of the dismissal or to other positions in which the teacher has past proven experience in the Swansea School System.

29.4.2            With respect to Elementary School teachers, teachers employed in the Elementary unit shall have the first right to be re-hired in such unit or to other positions in which the teacher has past proven experience in the Swansea School System.

29.4.3            Consistent with the above, K-5 teachers with professional status shall have re-hire rights in the reverse order of dismissal, provided, however, teachers who were reduced from a particular discipline shall have preference for recall to that discipline over those who though having past proven experience in the Swansea School System, were reduced from a different discipline.

29.5               No teacher with professional status shall be dismissed if there is a teacher not serving at discretion whose position the teacher with professional status is qualified to fill.

29.6               Teacher who accepts recall shall have all the benefits accrued up to June 30 of the school year in which the RIF notice was given restored upon recall.

29.7               Teachers who do not provide the Committee with information relative to additional certifications, degrees, and/or advanced recognition by April 15th of each year will not have such information considered after they receive notice of a transfer or layoff.

ARTICLE XXX

SALARIES

30.1.1            All persons on the teacher's salary schedule will be paid by the town treasurer based on twenty-six payments.

30.1.2            Summer lump sum payments can be made at the option of the teacher upon written request to the Superintendent.

30.2             Basic Teacher's Salary Scale:

 

2012-2013

Step

Salary Scale

1

$41,570.00

2

$43,595.00

3

$46,001.00

4

$48,062.00

5

$50,118.00

6

$52,959.00

7

$55,799.00

*8

$58,850.00

9

$62,116.00

*Teachers moving to Step 8 will be paid at a rate of $58,850.00 for the first half of the 2012-2013 school year and at a rate of $62,116.00 for the second half of the 2012-2013 school year.

30.3.1            Two semester hours of credit study from a school accredited by the New England Association of Colleges and Secondary Schools or the National Council of Accreditation of Teaching Education is required in every three-year period to qualify for the next increment on the schedule. Evidence of this study in the form of an official transcript must be filed in the Superintendent's office in the teacher's personnel folder. All credits are accumulative. Before taking courses for credit for incentive increments, teachers are required to secure written approval from the Superintendent.

30.3.2            The Superintendent may require in-service work and recommend a given number of credits to the Committee depending on the nature and length of in-service study.

30.4             ADVANCE RECOGNITION

 

Advance Recognition

2012-2013

30.4.1

Bachelor's Plus 15 Hours

$2,184.00

30.4.2

Bachelor's Plus 30 Hours

$2,659.00

30.4.3

Master's

$3,580.00

30.4.4

Master's Plus 15 Hours

$4,423.00

30.4.5

Master's Plus 30 Hours

$5,610.00

30.4.5.1

Second Master’s

$6,635.00

Approved Courses In Teacher's Field Or Related Field

30.4.6

Master's Plus 45 Hours

$7,072.00

30.4.7

Master's Plus 60 Hours

$7,410.00

30.4.8

C.A.G.S.

$7,515.00

30.4.9

Doctorate

$7,98300

30.5.1            It is agreed that "plus" means "beyond" and that all credits for the aforementioned advance recognition entitlements must have been earned subsequent to the receipt of the last degree.

30.5.2            Note: Course credits beyond the Masters level must be on the graduate level.

30.6               PHD. REQUIREMENTS

30.6.1            Usually a minimum of thirty (30) credit hours beyond a Masters degree.

30.6.2            Language requirement - mastery of one or two foreign languages as determined by the academic department conferring the degree.

30.6.3            Residency requirement - usually defined as on-campus full-time study (i.e., at least nine (9) hours/semester) for two consecutive regular semesters (not summer sessions).

30.6.4            Comprehensive Examinations.

30.6.5            Dissertation.

30.6.6            Oral examination - defense of dissertation.

30.7               Ed. D REQUIREMENTS

30.7.1            Same as PhD. Except that competency in educational statistics and research design is substituted for language requirement.

30.7.2            Ed. D. Programs should be accredited by the National Council for Accreditation of Teacher Education.

30.8               BOTH PhD. and Ed. D. REQUIREMENTS

30.8.1            No external degree or off-campus programs will be accepted.

30.8.2            Colleges and universities should be accredited by the regional accrediting agency (New England Association of Schools and Colleges, etc.)

30.9               Teachers pursuing a Masters Degree must obtain prior approval of the program from the Superintendent and each course must receive prior approval

30.10             Any teacher who anticipates movement on the advance recognition schedule shall notify the office of the Superintendent of Schools of this in writing not later than February First of the school year preceding the anticipated move.

30.11             TUITION REIMBURSEMENT

30.11.1          For employees who have been actively employed by the Committee for one (1) year or more, the Committee will pay tuition as herein provided, after approval of the Superintendent, of courses satisfactorily completed by the employee teaching full time in the public schools of Swansea (part-time employee teachers will be reimbursed on a pro rata basis), enrolled in a degree program in the employee's field of concentration or other programs approved in advance by the Superintendent. “satisfactorily completed” shall be defined as a grade of “B” or above.

30.11.2          Reimbursement shall be limited to one (1) course per semester and/or two (2) courses per year for any individual teacher.

30.11.3.1      Effective in school year 2012-2013, the Committee share of the cost of tuition shall not exceed Seven Hundred ($700.00) Dollars for any single course approved for reimbursement and the annual total of tuition reimbursements shall not exceed Thirty-five Thousand ($35,000.00) Dollars. In the event that individual teachers are denied tuition reimbursement in any year because of the foregoing cap, such teachers shall be given priority for tuition reimbursement entitlement in the subsequent year.

30.12           Athletics: Salary Schedules

30.12.1

Director of Athletics/Faculty Manager

2012-2013

 

 

$11,671.00

30.12.2

Girl's Athletics

 

30.12.2.1

Varsity Field Hockey

 

30.12.2.1.1

Step 1

$2,365.00

30.12.2.1.2

Step 2

$3,149.00

30.12.2.1.3

Step 3

$3,936.00

30.12.2.2.

J.V. Field Hockey

 

30.12.2.2.1

Step 1

$1,308.00

30.12.2.2.2

Step 2

$1,748.00

30.12.2.2.3

Step 3

$2,188.00

30.12.2.3

Varsity Basketball

 

30.12.2.3.1

Step 1

$3,414.00

30.12.2.3.2

Step 2

$4,548.00

30.12.2.3.3

Step 3

$5,689.00

30.12.2.4

J.V. Basketball

 

30.12.2.4.1

Step 1

$1,575.00

30.12.2.4.2

Step 2

$2,100.00

30.12.2.4.3

Step 3

$3,936.00

30.12.2.5

Freshman Basketball

 

30.12.2.5.1

Step 1

$1,181.00

30.12.2.5.2

Step 2

$1,576.00

30.12.2.5.3

Step 3

$3,064.00

30.12.2.6

Volleyball

 

30.12.2.6.1

Step 1

$2,365.00

30.12.2.6.2

Step 2

$3,149.00

30.12.2.6.3

Step 3

$3,936.00

30.12.2.7

J.V. Volleyball

 

30.12.2.7.1

Step 1

$1,308.00

30.12.2.7.2

Step 2

$1,748.00

30.12.2.7.3

Step 3

$2,188.00

30.12.2.8

Freshman Volleyball

 

30.12.2.8.1

Step 1

$982.00

30.12.2.8.2

Step 2

$1,310.00

30.12.2.8.3

Step 3

$1,642.00

30.12.2.9

Softball

 

30.12.2.9.1

Step 1

$2,625.00

30.12.2.9.2

Step 2

$3,502.00

30.12.2.9.3

Step 3

$4,828.00

30.12.2.10

J.V. Softball

 

30.12.1.10.1

Step 1

$1,837.00

30.12.2.10.2

Step 2

$2,449.00

30.12.2.10.3

Step 3

$3,064.00

30.12.2.11

9th Grade Softball

 

30.12.2.11.1

Step 1

$1,704.00

30.12.2.11.2

Step 2

$2,277.00

30.12.2.11.3

Step 3

$2,844.00

30.12.2.12

Gymnastics

 

30.12.2.12.1

Step 1

$2,365.00

30.12.2.12.2

Step 2

$3,149.00

30.12.2.12.3

Step 3

$3,936.00

30.12.2.13

Track

 

30.12.2.13.1

Step 1

$2,625.00

30.12.2.13.2

Step 2

$3,502.00

30.12.2.13.3

Step 3

$4,374.00

30.12.2.14

Assistant. Track

 

30.12.2.14.1

Step 1

$1,575.00

30.12.2.14.2

Step 2

$2,100.00

30.12.2.14.3

Step 3

$2,625.00

30.12.2.15

Jr. High Basketball

 

30.12.2.15.3

Step 3

$2,388.00

30.12.2.16

Jr. High Softball

 

30.12.2.16.3

Step 3

$2,388.00

30.12.2.17

Jr. High Soccer

 

30.12.2.17.3

Step 3

$2,388.00

30.12.3

Boy's Athletics

2012-2013

30.12.3.1

Varsity Football

 

30.12.3.1.1

Step 1

$4,336.00

30.12.3.1.2

Step 2

$5,779.00

30.12.3.1.3

Step 3

$7,222.00

30.12.3.2

Assistant Football

 

30.12.3.2.1

Step 1

$2,625.00

30.12.3.2.2

Step 2

$3,502.00

30.12.3.2.3

Step 3

$4,374.00

30.12.3.7.

Cross Country

 

30.12.3.7.1

Step 1

$2,365.00

30.12.3.7.2

Step 2

$3,149.00

30.12.3.7.3

Step 3

$3,936.00

30.12.3.8.

Varsity Basketball

 

30.12.3.8.1

Step 1

$3,414.00

30.12.3.8.2

Step 2

$4,548.00

30.12.3.8.3

Step 3

$5,689.00

30.12.3.9.

J.V. Basketball

 

30.12.3.9.1

Step 1

$2,365.00

30.12.3.9.2

Step 2

$3,149.00

30.12.3.9.3

Step 3

$3,936.00

30.12.3.10

Freshman Basketball

 

30.12.3.10.1

Step 1

$1,837.00

30.12.3.10.2

Step 2

$2,449.00

30.12.3.10.3

Step 3

$3,064.00

30.12.3.11

Varsity Baseball

 

30.12.3.11.1

Step 1

$2,757.00

30.12.3.11.2

Step 2

$3,677.00

30.12.3.11.3

Step 3

$4,595.00

30.12.3.12

J.V. Baseball

 

30.12.3.12.1

Step 1

$1,837.00

30.12.3.12.2

Step 2

$2,449.00

30.12.3.12.3

Step 3

$3,064.00

30.12.3.13

Freshman Baseball

 

30.12.3.13.1

Step 1

$1,704.00

30.12.3.13.2

Step 2

$2,277.00

30.12.3.13.3

Step 3

$2,844.00

30.12.3.14

Track

 

30.12.3.14.1

Step 1

$2,625.00

30.12.3.14.2

Step 2

$3,502.00

30.12.3.14.3

Step 3

$4,374.00

30.12.3.15

Assistant Track

 

30.12.3.15.1

Step 1

$1,575.00

30.12.3.15.2

Step 2

$2,100.00

30.12.3.15.3

Step 3

$2,625.00

30.12.3.16

Hockey

 

30.12.3.16.1

Step 1

$2,625.00

30.12.3.16.2

Step 2

$3,502.00

30.12.3.16.3

Step 3

$4,374.00

30.12.3.17

Tennis

 

30.12.3.17.1

Step 1

$1,968.00

30.12.3.17.2

Step 2

$2,625.00

30.12.3.17.3

Step 3

$3,279.00

30.12.3.18

Soccer

 

30.12.3.18.1

Step 1

$2,365.00

30.12.3.18.2

Step 2

$3,149.00

30.12.3.18.3

Step 3

$3,936.00

30.12.3.19

J.V. Soccer

 

30.12.3.19.1

Step 1

$1,181.00

30.12.3.19.2

Step 2

$1,576.00

30.12.3.19.3

Step 3

$1,971.00

30.12.3.20

Golf

 

30.12.3.20.1

Step 1

$1,575.00

30.12.3.20.2

Step 2

$2,100.00

30.12.3.20.3

Step 3

$2,625.00

30.12.3.21

Jr. High Basketball

 

30.12.3.21.3

Step 3

$2,388.00

30.12.3.22

Jr. High Baseball

 

30.12.3.22.3

Step 3

$2,388.00

30.12.3.23

Jr. High Soccer

 

30.12.3.23.3

Step 3

$2,388.00

30.12.4

Miscellaneous

2012-2013

30.12.4.1.

Fall Cheerleading Advisor

 

30.12.4.1.3

Step 3

$1,528.00

30.12.4.2.

Winter Cheerleading Advisor

 

30.12.4.2.3

Step 3

$1,971.00

30.12.5         Coaches may elect to receive their stipend as a lump sum payment within two (2) pay periods following the end of the season. Coaches must make a written request for such lump sum payment on their yearly applications for the positions.

30.12.5.1       While all efforts will be made to fill the above positions with members of the teaching staff, it is understood and agreed between the parties that the Committee may fill the above positions with individuals who are not members of the teaching staff.

30.12.5.2       Further, in instances where a member of the bargaining unit is appointed by the Committee to fill one of the above positions, said appointment is made only on an annual basis. The Committee may in its discretion waive the annual reapplication requirement for incumbents in non-athletic, extra-curricular positions. An individual's re-appointment to a position in a subsequent year will be determined by the Committee based upon:

30.12.5.2.1    The individual's satisfactory performance of all duties and obligations inherent to the position as outlined in relevant job specifications; and

30.12.5.2.2    The recommendations of the Administration. Applications for the above positions must be made annually, prior to June 1, for the forthcoming school year. Applicants who are not re-appointed will be notified of such action by the Committee. Non re-appointments, coaching, and extracurricular positions will not be subject to the grievance and arbitration procedure.

30.12.5.2.3   This section is intended to supersede all prior Agreements, either oral or written pertaining to the selection and payment of athletic positions.

30.12.6          Step increases will be automatic and as follows:

30.12.6.1       First year, (minimum) Step 1.

30.12.6.2       Second year, Step 2.

30.12.6.3       Third year, (maximum) Step 3.

30.12.6.4       The Committee may by-pass the first two steps when hiring an experienced person.

30.12.7          seventh and eighth grade intramurals:

30.12.7.1      Seventh and Eighth Grade Intramural Athletics: one sport per season for boys and girls. Two seasons of ten weeks each, two activities per season

2012-2013

30.12.7.1.1 Activity               $544.00

30.12.7.1.2   Total                 $2,176.00

30.12.8                  Elementary Intramurals: Luther, Brown, Gardner, and Hoyle Elementary School. 30.12.8.1    2 Seasons

2012-2013

30.12.8.1.1  Season                 $544.00

30.12.8.1.2    Total                $1088.00

30.12.9          Principals will recommend the appointment of staff members, who are interested, for each season at their respective schools. Intramurals will meet at least twice a week for 1 1/2 hours each time, and a season will comprise ten weeks. Any tournament play at the end of the regular season play will be conducted with no additional remuneration.

30.13           Remuneration for additional responsibilities and/or duties:

The Department Heads noted in Paragraph 30.13.1.1 through and including Paragraph 30.13.1.9 shall all receive the remuneration set forth in Paragraph 30.13.1.10. The system directors noted in Paragraph 30.13.1.1 through and including Paragraph 30.13.1.9 shall all receive the remuneration set forth in Paragraph 30.13.1.10. Summer work, outside of the contract, will be paid per diem.

30.13.1.1       Music*

30.13.1.2       Art*

30.13.1.3       Business

30.13.1.4       High School World Language

30.13.1.5       Computer*

30.13.1.6       Health Education*

30.13.1.7       Physical Education*

30.13.1.8       Guidance (High School & Junior High School)

Salary Scale            2012-2013

30.13.1.9         Department Heads          $3,584.00

30.13.1.10       System Directors*           $2,709.00

30.13.1.9      Junior High School Leadership Team Members   $1,875.00

30.13.2         Salary Scale (Department Heads 9-12 for English, Mathematics, Science, and Social Studies)

2012-2013

Base                                                               $1,696.00

Per Staff Member

(including Special                                                        $284.00

Education)

30.14           It is understood and agreed between the parties that the Committee may fill the following positions with individuals who are not members of the bargaining unit only if there are no members of the bargaining unit qualified for same position.

 

 

20102-2013

30.14.1

National Honor Society

$622.00

30.14.2

Senior Class Advisor

$1,475.00

30.14.3

Junior Class Advisor

$1,375.00

30.14.4

Sophomore Class Advisor

$622.00

30.14.5

Freshman Class Advisor

$622.00

30.14.6

School Treasurer

$2,709.00

30.14.7

Cardinal Advisor

$1,251.00

30.14.8

Yearbook Advisor

$2,644.00

30.14.9

Director Of Band

$3,826.00

30.14.10

Student Council Advisor

$1,250.00

30.14.11*

Librarian

$2,357.00

30.14.12

Drama

 

30.14.12.1

Step 1

$3,092.00

30.14.12.2

Step 2

$3,604.00

30.14.12.3

Step 3

$4,124.00

30.14.13

Chorus

$1,092.00

30.14.14

Lab Band Director

$1,092.00

30.14.15

Math Team Advisor

$895.00

30.14.16

Honor Bowl Advisor

$895.00

30.14.17

Science Fair Director

$773.00

30.14.18

Assistant To Director Of Drama

$1,289.00

30.14.19

Drill Instructor

$1,289.00

30.14.20

Flag Twirling Instructor

$1,289.00

30.14.21

Percussion Instructor

$1,289.00

30.14.22

Foreign Language Club Advisor

$895.00

30.14.23

Winter Percussion

$1,330.00

30.14.24

Chess Club

$822.00

30.14.25

Musical Director For Drama Productions

$1,092.00

30.14.26

Choreographer For Drama Productions

$1,092.00

30.14.27

School To Career Coordinator

$3,958.00

30.14.28

Audio Visual Club Advisor

$1,251.00

30.14.29

Computer Club Advisor

$895.00

30.14.30

Mock Trial Club Advisor

$895.00

30.14.31

High School Special Ed. Lead Teacher (Alternative Program)

$2,765.00

30.14.32

High School Auto Technology Coordinator

$1,506.00

30.14.33

High School Ski Club Advisor per trip no more than two (2)

$300.00

30.14.34

Drama Technical Director per Show

$618.00

30.14.35

Show Choir

$1,384.00

30.14.36

Instrumental Music Lessons

$3,600.00

30.14.11**          Effective January 22, 2010, Librarian annual stipend increase is based upon change of school day hours to include an additional one (1) hour per day to be determined by the building Principal.

30.15           The positions noted in Paragraph 30.15.1. Through and including Paragraph 30.15.13 shall all receive the remuneration set forth in Paragraph 30.15.14

30.15.1          Junior High School Math Team Advisor

30.15.2          Junior High Spelling Team Advisor

30.15.3          Junior High Student Council Advisor

30.15.4          Junior High Year Book Advisor

30.15.5          Junior High Drama Advisor

30.15.6          Junior High Science Fair Advisor

30.15.7          Junior High Newspaper Advisor

30.15.8          Junior High Literary Magazine (Serendipity) Advisor

30.15.9          Junior High Student Leadership Advisor

30.15.10        Junior High Ski Club Advisor

30.15.11        Junior High Robotics Club Advisor

30.15.12        Junior High Student Activity Advisor

30.15.13        National Junior Honor Society Advisor

30.15.13.1    Junior High Chorus Advisor

30.15.14        Salary Scale

2012-2013

$1,137.00

 

2012-2013

30.15.15 *Title I Director

$5,885.00

30.15.16 *Chairperson, Title I Parents Advisory Committee

$1,115.00

30.15.17   E.L.L. (English Language Learner) Coordinator

$1,673.00

30.15.18 Saturday High School Advisor (25 Saturdays)

$2,681.00

30.15.19 Virtual High School Teacher

$4,834.00

*In instances where the Committee elects to have the duties of either Title I Director, or Title I Parent Advisory Committee Chairperson assumed by a bargaining unit member the stipends shall be as noted above.

30.17           The work year of Guidance personnel shall not be governed by §10.9.1 but shall instead be as follows:

High School Guidance Department Head

200 Days

High School Guidance Counselors

189 Days

Junior High School Guidance Scheduling Counselor

200 Days

Junior High School Guidance/Student Serving Counselor

190 Days

30.18             Any prorating of this Agreement shall be on the basis of one hundred eighty-fourth (1/184) of the annual salary rate for each school day in which they actually performed the duties for which they contracted.

30.19             If new positions or activities are created by the Committee during the duration of the Agreement, the salary or payment shall be comparable to existing amounts for similar positions.

ARTICLE XXXI

HEALTH SERVICES - SCHOOL NURSES

31.1              Department Head - Director Of Health Services 2012-2013 $3,584.00

31.2               School Nurses Salary Schedules:

Commencing in school year 2000-2001, all full-time nurses will be placed in Step 1 of the teacher salary schedule (see, §30.2). Thereafter, full-time nurses will progress up the steps on an annual basis and part-time nurses will be paid on a pro­rated basis.

31.4               Advance Recognition - Nurses As In §30.4

31.5               All other applicable sections of the teachers’ contract shall apply to the nurses.

31.6               Nurse-Pupil Ratio

A desirable nurse-pupil ratio of not greater than 1:1000 will be maintained within reasonable limits by the Committee.

31.7               Building principals may require full-time nurses to commence work in advance of the normal school year. Nurses shall be compensated on a per diem basis on those occasions.

31.8               Nursing personnel shall be available beyond the regular workday for core evaluation meetings, immunization clinics, CPR training and evening sport physicals. Nursing personnel shall be compensated at the following rate per hour or any fraction thereof:

2012-2013

$23.93

ARTICLE XXXII

JURY DUTY

32.1               Employees who receive notice to serve on a jury of any state or Federal court shall immediately notify the Superintendent of Schools if the notice requires attendance during the period school is in session, so that necessary coverage may be provided.

32.2               Employees who receive notice to serve on a jury in a Massachusetts court shall receive their full compensation from the Committee for the first three days of service. Employees released from jury duty after the first or second day shall advise the Superintendent and report to work the next school day.

32.3               Employees who receive notice to serve on a jury in a Federal court or out of state court will receive the difference between the daily compensation paid by the court and their regular daily pay from the Committee. Employees will advise the Superintendent and return to work the next school day after their release from jury duty.

32.4               In the event that an employee is advised that jury service in any court may extend beyond three days, the employee shall make a good faith effort to be excused from such service or to have the service postponed, so as not to disrupt the educational program by the employee's prolonged absence. In the event that the employee is not excused from service or does not receive a postponement, the Committee will pay the difference between the employee's regular daily pay and jury compensation received. Payment so made will be charged to the employee's sick leave benefit. Payment hereunder will only be made to the extent employees have accumulated sick leave. Employees shall advise the Superintendent and report to work the next school day following the end of their jury service. Employees must demonstrate, upon minimal proof, that excuse of postponement was requested to be eligible under this paragraph.

ARTICLE XXXIII

ATTENDANCE INCENTIVE

33.1               All teachers who have a perfect attendance record [no absences for any reason with exception of an absence because of a death in the immediate family as defined in Article XVII (17.1)] will be paid an attendance incentive payment of $250.00 no later than the July 31st following the end of the fiscal year in which they had perfect attendance.

33.2               Teachers who are absent for any reason during the year will receive a deduction of $50.00 from their attendance incentive for each absence.

33.3               No teacher with five (5) or more absences will be entitled to any payment.

ARTICLE XXXIV

RETIREMENT ENTITLEMENTS

34.1             Any teacher with at least 20 years of service who has accumulated 150 days or more sick leave shall be entitled to a payment at retirement of the sum of $40.00 per day for each day of accumulated sick leave in excess of 50 days.

ARTICLE XXXV

AGENCY SERVICE FEE

35.1               On the 30th day after beginning of employment in a bargaining unit position, whichever is later, each member of the bargaining unit shall be required to pay an Agency Service Fee in accordance with one of the following three options:

35.1.1            The employee may join the Swansea Educators' Association and pay the dues as set by the Association.

35.1.2            The employee may pay an Agency Service Fee to the Association in an amount determined by the Association in accordance with Massachusetts General Laws, Chapter 150e, Section 12 and the regulations promulgated there under by the Labor Relations Commission.

35.1.3            The employee may make a contribution to the Joseph Case Scholarship Fund or such other scholarship fund or funds as may be designated by the Association and the Committee in an amount equal to the Agency Service Fee as set forth in Paragraph 35.1.2 above.

35.2               Bargaining unit members shall select one of the options set forth in Paragraphs 35.1.1 through 35.1.3 above by November 1st of each year, and shall make payment in the manner determined by the Association for all bargaining unit members.

35.3               All members of the bargaining unit who do not become members of the Association, pay a prescribed Agency Service Fee, or make the scholarship contribution prior to April 1st of any given year shall, as a condition of employment, be suspended for three (3) work days without pay, on an annual basis.

35.4               The Association agrees to indemnify and save the Committee harmless from any and all claims, demands, or suits or other forms of liability or costs, including reasonable attorneys' fees, that may arise out of or by reason of any action taken by the Committee for the purpose of complying with the provisions of this Article.

35.5               The Association agrees to assume full responsibility for the disposition of the Agency Service Fee money or monies received pursuant to Paragraph 35.1 hereof, once they have been turned over to the treasurer of the Association.

35.6               No action by the Committee shall be considered against any member of the bargaining unit for failure to meet the Agency Service Fee obligation or scholarship contribution obligation, unless or until the Association certifies, in writing to the Committee that said teacher has not met the obligation imposed by this Article.

35.7               Members of the bargaining unit who challenge the validity or amount of the Agency Service Fee shall do so in accordance with the requirements set forth in the regulations promulgated by the Massachusetts Labor Relations Commission.

35.8               Contributions to any scholarship fund shall be made directly to the fund. If the administrator of the fund does not notify the Association's treasurer upon receipt of said contributions, the contributor shall be responsible for verifying their contribution(s) to the Association.

35.9               It is understood by the Committee and the Association that deduction of Agency Service Fee may be made by the Committee through the Town Treasurer, pursuant to Massachusetts General Laws, Chapter 180, Sections 17c, 17e and 17g.

ARTICLE XXXVI

EXPERIENCE STIPEND

36.1             Employees shall be paid an experience stipend each year according to their number of years of service in a bargaining unit position with the Committee as follows:

36.1.1          Increments for the "experience stipend" will cease at thirty-six (36) years of service.

 

Payment

Years Of

2012-2013

Service

 

9

$1,108.00

10

$1,257.00

11

$1,408.00

12

$1,560.00

13

$1,710.00

14

$1,862.00

15

$2,013.00

16

$2,164.00

17

$2,311.00

18

$2,461.00

19

$2,616.00

20

$2,767.00

21

$2,913.00

22

$3,066.00

23

$3,217.00

24

$3,368.00

25

$3,517.00

26

$3,705.00

27

$3,894.00

28

$4,084.00

29

$4,272.00

30

$4,459.00

31

$4,648.00

32

$4,836.00

33

$5,026.00

34

$5,214.00

35

$5,402.00

36

$5,588.00

36.2               Payments will be non-cumulative and will be added to the employees annual salary to be paid during the year.

36.3               Years of service will be determined as of August 15 of each year.

36.4               The Superintendent may, in his/her discretion, credit new hires with years of prior teaching experience outside of the bargaining unit for experience stipend entitlement purposes.

ARTICLE XXXVII

TUITION WAIVER

37.1             Children (natural, adoptive or foster) of teachers in the Swansea Public Schools who live outside of the town of Swansea may be allowed to attend the Swansea Public Schools tuition free so long as such enrolment does not, in the sole and unfettered discretion of the Superintendent or his designee, require opening another section, the hiring of additional staff, an out of district placement or create a conflict with so-called the "school choice law". This Article will apply only to the children of teachers holding permanent, full-time positions in the Swansea Public Schools. The decision of the Superintendent or his designee relative to the granting of a tuition waiver will not be subject to the provisions of the Grievance and Arbitration Procedure (Article VI).

ARTICLE XXXVIII

SEVERANCE BENEFIT UPON RETIREMENT OR DEATH

38.1               Upon the death of an employee, his or her estate shall be entitled to a lump sum payment of the accumulated sick leave buy back benefits to which the employee was entitled upon the date of death.

38.2               Upon written request of a retiring employee, the Committee will, within thirty (30) days of the effective date of an employee's retirement, contribute to a 403(b) custodial account approved by the Committee an amount equal to the amount of unused sick leave that the employee has accumulated as of the date of his/her retirement. The payment of such contribution to a 403(b) custodial account by the Committee will constitute full performance and complete discharge of the Committee's obligation to the employee with respect to the payment of unused sick leave; and further that 403(b) custodial account payments shall be made directly to the employee by the insurance company or agent or custodian approved by the Committee.

If the total amount of money to be contributed to the 403(b) custodial account would cause the employee to exceed the limit for total 403(b) contributions for the employer and employee for that year under the applicable limitations of the internal revenue code, the Committee will instead make two (2) custodial account contributions. The first purchase will be within thirty (30) days of the effective date of an employee's retirement and will be in the amount of the maximum permitted amount for that year. The second purchase will be in the amount of the remainder of the total and will be made in January of the next year.

ARTICLE XXXIX

REGIONALIZATION/TUITION AGREEMENTS

39.1             The parties recognize and agree that the COMMITTEE may, during the term of the within CBA, elect to enter into regionalization or tuition agreements with other municipal entities in order to enhance the cost efficiency of its mission and that any such election by the COMMITTEE will necessitate structural changes within the schools. COMMITTEE and ASSOCIATION agree that, if necessary, COMMITTEE may make such structural changes as are reasonable and necessary to effectuate said election subject to thereafter bargaining with the Association as to the impact of such changes on members of the bargaining unit.

SIGNATURES

In witness whereof, the parties of the Agreement have caused these presents to be executed by their agents hereto duly authorized and their seals affixed hereto this ___________ day of _______, 2012.

Effective Date:    August 15, 2012

Swansea Educators Association                                             Swansea School Committee

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President                                                                                   Chair

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