Waltham

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DistrictWaltham
Shared Contract District
Org Code3080000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyMiddlesex
ESE RegionGreater Boston
Urban
Kind of Communityurbanized centers
Number of Schools9
Enrollment4763
Percent Low Income Students32
Grade StartPK or K
Grade End12
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Collective Bargaining Agreement between the School Committee of the City of Waltham, Massachusetts (hereinafter referred to as the “Committee”), and the Waltham Educators Association (hereinafter referred to as the “Association”), September 1, 2010 through August 31, 2013.

TABLE OF CONTENTS:

ARTICLE I: RECOGNITION

4

1.8 LAYOFF AND RECALL

5

ARTICLE II: TEACHING HOURS AND TEACHING RESPONSIBILITIES

6

2.4 DUTIES

7

2.5 MEETINGS

7

2.7 ELEMENTARY SPECIALISTS

7

2.8 USE OF CLASSROOMS

8

2.10 ELEMENTARY EARLY RELEASE DAYS

8

ARTICLE III: SALARIES

8

3.3 GRADUATE CREDIT

9

3.4 NURSE SALARIES

9

ARTICLE IV: GRIEVANCE PROCEDURE

10

4.4 GRIEVANCE PROCESS

10

ARTICLE V: ARBITRATION

12

ARTICLE VI: TEACHER ASSIGNMENT

12

ARTICLE VII: CLASS SIZE AND THE USE OF SPECIALISTS

13

ARTICLE VIII: RELIEF FROM NON-TEACHING DUTIES

13

ARTICLE IX: PROMOTIONS

14

ARTICLE X: TEACHER EVALUATION

14

ARTICLE XI: TRANSFERS

15

11.3 INVOLUNTARY TRANSFERS

15

11.7 REQUESTS FOR TRANSFER

16

ARTICLE XII: POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL, AND UNDER FEDERAL PROGRAMS

16

ARTICLE XIII: SICK/MEDICAL LEAVE

16

13.2 FAMILY SICK LEAVE

16

13.6 SICK LEAVE BUY-BACK

17

13.7 SICK BANK

18

ARTICLE XIV: PERSONAL LEAVE

19

14.1 PERSONALDAYS

19

14.2 BEREAVEMENT DAYS

19

14.4 STUDENT TEACHER SUPERVISOR DAY

19

14.5 PRESIDENT OF THE ASSOCIATION LEAVE

19

ARTICLE XV: EXTENDED LEAVES OF ABSENCE

20

15.1 ASSOCIATION BUSINESS

20

15.2 MILITARY LEAVE

20

15.3 FAMILY SICKNESS

20

15.4 POLITICAL PURPOSES

20

15.8 PARENTAL LEAVE

20

15.9 CAREER EXPLORATION LEAVE

21

ARTICLE XVI: SABBATICAL LEAVE

21

ARTICLE XVII: GROUP INSURANCE PLAN

22

ARTICLE XVIII: PROTECTION

22

ARTICLE XIX: USE OF SCHOOL FACILITIES

22

ARTICLE XX: DUES AND OTHER DEDUCTIONS

22

20.3 AGENCY FEE

23

ARTICLE XXI: RIGHTS OF THE COMMITTEE

23

ARTICLE XXII: CONTINUITY OF OPERATIONS

24

ARTICLE XXIII: PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

24

ARTICLE XXIV: GENERAL

24

ARTICLE XXV: DURATION AND NEGOTIATION PROCEDURE

25

ARTICLE XXVI: HEALTH & SAFETY

26

APPENDIX A: SALARY SCHEDULES

27

APPENDIX B: CONTRACT FOR FULL-TIME PARAPROFESSIONALS AND NON-INSTRUCTIONAL AIDES

28

LEAVES OF ABSENCE

28

1.1 SICK/MEDICAL LEAVE

28

1.4 SICK LEAVE BUY BACK

29

1.5 SICK BANK

29

2.1 PERSONAL LEAVE

30

2.2 BEREAVEMENT LEAVE

30

EXTENDED LEAVES OF ABSENCE

30

3.1 FAMILY SICKNESS

30

3.2 PARENTAL LEAVE

30

GROUP INSURANCE PLAN

31

PROTECTION

31

DUES AND OTHER DEDUCTIONS

31

6.4 AGENCY FEE

32

RIGHTS OF THE COMMITTEE

32

CONTINUITY OF OPERATIONS

33

GENERAL

33

GRIEVANCE PROCEDURE

34

EVALUATIONS

34

SALARIES

35

WORKSHOPS

35

WORK HOURS

35

APPENDIX C: SIDE LETTERS

35

A. SIDE LETTER ON GRADUATE COURSE FUNDS

35

B. SIDE LETTER ON PERFORMANCE EVALUATION INSTRUMENT

36

D. SIDE LETTER ON INCLUSION CLASSES

37

APPENDIX D: STIPENDS

38

ARTICLE I: RECOGNITION

1.1 The Association is recognized by the Committee, subject to the provisions of the General Laws, Chapter 150E, and any applicable amendments or provisions of state and federal laws now or hereinafter in effect, as the exclusive representative for the following full-time and part-time employees of the Waltham School Department for the purposes of bargaining in respect to wages, hours, and other conditions of employment:

1.   Teachers

2.   Guidance Counselors

3.   School Adjustment Counselors

4.   Library Media Specialists

5.   Nurses

6.   School Psychologists

7.   Paraprofessionals & Non-Instructional Aides

8.   Teaching Speech and Language Therapists

9.   Conflict Resolution Counselors (200 day employees at regular annual teacher salaries)

10. Educational Team Leaders

11. Occupational Therapists and Physical Therapists

Excluded specifically are all substitute employees and all other employees of the Waltham School Department.

1.2  No employees having professional teacher status in a classification covered by Agreement will be discharged, disciplined, or reprimanded or reduced in rank or compensation without just cause; just cause including, but not being limited to inefficiency, incapacity, conduct unbecoming such employee, insubordination, or refusal to sign a CORI request form or serious criminal offenses.   An employee not having professional teacher status in a classification covered by this Agreement, after ninety (90) calendar days of continuous employment, and during his/her contract year, shall not be discharged, disciplined, reprimanded or reduced in rank or compensation, without just cause; just cause including but not limited to inefficiency, incapacity, conduct unbecoming such employee, or insubordination, or refusal to sign a CORI request form or serious criminal offenses.   Upon action by the principal and/or the superintendent against the employee pursuant to Section 42-42D of Chapter 71, the employee may at his/her discretion within thirty (30) calendar days following the final action by the principal with the approval of the superintendent and/or by the superintendent, file for arbitration.

1.3 The provisions of paragraph 1.2 are not intended to restrict the superintendent’s sole right to determine to appoint or not to appoint to a term, an employee without professional status, and such appointment, renewal or reappointment, or appointment to professional teacher status, will not be subject to the grievance and arbitration provision of this Agreement.   This subsection is not intended to restrict any claim or claims that a teacher without professional status may have pursuant to other sections of this collective bargaining agreement.

1.4 Decline in student enrollment, financial reasons, or organizational need may necessitate the reduction of the number of professional positions in the bargaining unit.   When the superintendent and/or Committee determines that staff reductions in the bargaining unit are necessary because of such decline in enrollment, financial reasons, or organizational need, the superintendent and/or Committee shall, consistent with applicable laws, determine the order in which professional teacher status employees shall be reduced in the following manner:   the employee with the greater length of service shall be retained unless an employee with a shorter length of service has demonstrably superior performance.   In determining whether or not an employee with greater length of service was properly selected, the superintendent and/or Committee shall have the burden of showing by a preponderance of the evidence that the employee with the shorter length of service who was retained was demonstrably superior in performance.

The superintendent and/or Committee will make available to the Association upon request the evaluation of the employee with the shorter length of service who was retained.

When the more senior professional teacher status employee is dissatisfied with the superintendent’s and/or Committee’s decision to retain the less senior employee, then the Association, with the consent of the more senior employee, may file for arbitration to be determined in accordance with the standards of this contract without recourse to the grievance procedure within ten (10) days following notice to such employee of the superintendent’s decision.   This arbitration shall be limited to determining whether or not the superintendent has retained the less senior employee in accordance with the standards set forth in this section above.

1.5 Nothing set forth in this Article shall be construed as limiting the power of the principal and/or superintendent to dismiss employees with and without professional teacher status for cause or otherwise as permitted by law.

1.6 The parties to this Agreement will not discriminate against any employee covered by this Agreement because of race, creed, color, religion, nationality, sex, marital status, age or sexual preference.

1.7 The School Committee shall not limit by any action of the Committee or the administrative staff, the rights of the employees to self-organization and concerned activity as set forth in Section 2 of the General Laws, Chapter 150E.   The parties further agree that an employee shall have the right to refrain from any and all such activities without discrimination from either party.

1.8 LAYOFF AND RECALL

Layoff Procedure:

a)   In the event of a reduction in staff, a teacher with professional status shall not be laid off if there is a teacher without professional status whose position the teacher with professional status is certified and qualified to fill.

b)   Within the context of educational needs and practical considerations, the Committee will endeavor to accomplish reduction through attrition

c)   Layoffs will be made in accordance with the provisions of article 1.4 of this agreement.

Recall Procedure for employees with professional teacher status:

a)   Recall shall be in the inverse order of layoffs.   The recall shall be contingent upon possession of the appropriate certification and positive evaluations.   The School Committee shall maintain an up-to-date recall list and provide the Association with a current copy.   Employees shall remain on this list for twenty-seven (27) months after layoff.

b)   Employees who are on layoff shall, for twenty-seven (27) months after the effective date of layoff, be placed on a recall list and shall be given preference for any vacancy or new position which they are certified and qualified to fill.   During the recall period, employees who have been laid off shall be given preference on the substitute list if they so desire.

c)   Employees who have been laid off shall, during their recall period, be notified in writing, by the superintendent’s office, provided they have left sufficient self-addressed envelopes with the superintendent’s office, of any open positions in the system which they may be certified and qualified to fill. d)    Employees with professional teacher status recalled, after layoff under this article, shall be placed on that step of the salary schedule which is one step higher than the one on which they were at the time of their layoff and shall retain and have restored all other contractual rights to which they were entitled immediately prior to the effective day of layoff.

ARTICLE II: TEACHING HOURS AND TEACHING RESPONSIBILITIES

2.1 The regular workday of a classroom teacher in the Elementary Schools will commence seventeen minutes before the official starting time of the Schools and end fifteen minutes after student dismissal, provided the teacher has met all teaching obligations to students.   The workday for High School, Vocational and Middle School teachers will begin ten minutes before the start of the school day and end ten minutes after dismissal times, provided the teacher has met all teaching obligations to students.   The Committee may modify starting and dismissal times, and may modify the annual school calendar so long as the modifications do not increase the length of the teachers’ regular workday or the teachers’ 182 day work-year.   The Committee may schedule full and partial day training programs for teachers.

Each year, at least fourteen days prior to the adoption of the School Calendar for the following year, the President of the Association will be given a copy of the proposed calendar.   If the Association does not agree with the proposed calendar, it may submit recommended changes to the Superintendent, who will consider the recommendations prior to submitting the proposed calendar to the Committee and inform the Committee of any objections not resolved.

Although the Committee has the right to institute staggered schedules to meet educational objectives; the Committee will seek input from a joint study committee on the desirability of staggered schedules.   If the Committee plans to develop a staggered schedule, it will engage in impact bargaining with the Association at least 150 days prior to planned implementation.   The Study Committee will consist of 3 members of the WEA, 3 designees of the School Committee.

2.2. Teachers may leave the school building following student dismissal times on Fridays and days preceding holidays and school vacations, provided the teacher has met all teaching obligations to students.

2.3 The regular work year of classroom teachers (other than new personnel who may be required to attend special orientation sessions) will not exceed one hundred eighty-two (182) working days.   Working days will include all days when pupils are in attendance by the Committee, and days at the beginning and/or end of the school year or other days on which teacher attendance is required.

High School Guidance Counselors (required minimum work year of 182 days) may request at the start of a school year to be employed with a work year of up to 187 days. Counselors who wish to change status for the next year will notify the principal by the end of the school year. By February 28th, assignments for days 183-187 will be scheduled by the principal. Compensation will be per-diem at 1/182 of the counselor’s salary.

School nurses may volunteer to work additional days at per diem compensation of 1/182 of the nurse’s salary.   Assignments will be by descending seniority.

2.4 DUTIES

In those buildings where the principal assigns teachers to bus duty outside of the regular teaching day, assignments to such duty will be rotated as equally as possible.   At the elementary school level, adult supervision of lunch and recess is essential to ensure student safety.   Therefore, hourly lunch and recess monitors will be assigned to such coverage in addition to principals, assistant principals, specialist teachers and, as a last resort, regular classroom teachers. Assignment of lunch and recess duty to specialist and regular classroom teachers will be rotated as equally as possible.

2.5 MEETINGS

Teachers may be required to attend meetings after the end of the regular work day.   These meetings shall be comprised of:     A) fifteen (15) one hour meetings per year -building meetings called by school principals; B) nine (9) one hour meetings per year - departmental meetings or other meetings required by the superintendent.

Meetings requiring staff to travel shall begin no more than 15 minutes after normal teacher dismissal time to allow for such travel and a reasonable effort will be made to conduct these meetings at centrally located schools.   A schedule of meeting dates shall be published at the beginning of the school year.

The total number of meetings per school year shall not exceed twenty-four (24). The total hours of these meetings shall not exceed twenty-four (24).   Evening meetings shall count as 1.5 times their actual duration, toward the annual total.   Staff assigned to more than one school shall not be required to attend more than twenty-four (24) total meetings/total hours per year.   The total number of evening meetings shall not exceed three per year.

Effective with the 2012/2013 school year, the evening meeting held in the spring of each year at the elementary level shall be utilized exclusively for purposes of parent teacher conferences.   Specialists will work collaboratively during this evening meeting if they are not involved in a conference.”

2.6 The Committee will afford teachers a thirty (30) minute duty-free lunch period.   It will afford teachers a preparation period per day.   Fifty-five (55) minutes is the desired minimum for such a period.   Preparation periods are afforded to teachers in order to facilitate lesson planning, correction of students’ assignments, grading, voluntary joint preparation and planning within grade levels or departments and similar tasks. If any scheduled preparation period is not afforded on a given day, compensation in the amount of $15 will be awarded. Coverage for staff who must leave for part of the day (attending a funeral, emergency departure, e.g.) shall be a professional courtesy to a colleague and not subject to this article.   Payment shall be on a monthly basis.   In order to qualify for payment, the teacher must provide instruction to the students.

Secondary school teachers, exclusive of Vocational teachers, will not be required to teach more than two (2) subjects nor more than a total of three (3) teaching preparations within said subjects at any one time except on a voluntary basis.

2.7 ELEMENTARY SPECIALISTS

All elementary specialists will have their classes blocked by grade level whenever the principal determines that it is reasonable to do so.   When it is not reasonable, the principal will meet with the staff member to address the scheduling problem.

An effort will be made to schedule elementary specialists and other itinerant staff so that they have adequate time for preparation between classes to plan and carry out the instructional program.   Whenever practical, for teachers who travel between buildings during a school day, a minimum of one-half (1/2) hour shall be scheduled and allowed for travel and setup.

2.8 USE OF CLASSROOMS

When requests are made to use classrooms (other than libraries, gymnasia or auditoria) after school hours, the principal shall confer with the teacher(s) assigned to such rooms before confirming assignments.

No outside group including extended day participants may commence a program in any classroom (other than libraries, gymnasia or auditoria) for ten (10) minutes after the dismissal time of students.

2.9   Mandatory testing of students, evaluations and appeals are part of teachers’ ordinary work day.   In the event that principals require staff to stay beyond the ordinary work day, they shall be compensated at the hourly rate, from the principal’s budget.

2.10 ELEMENTARY EARLY RELEASE DAYS

Effective   with the start of the 2012/2013 school year, it is agreed that in addition to any system-wide early release days scheduled by the Administration, the District will schedule four elementary early release days per school year to be used by elementary classroom teachers for conducting parent teacher conferences.   The length of the current elementary student day will remain in effect.   The employer retains the right to adjust start and end times, as provided in Article 2.1, so long as such modifications do not increase the length of the regular workday or the teachers’ 182 day work-year.   All bargaining unit members not participating in parent teacher conferences will work collaboratively during this early release time.

ARTICLE III:   SALARIES

3.1 Annual salaries for all employees covered by this Agreement shall be set forth on Appendices A and B.   Appendix A shall be all employees covered by this Agreement except those covered by Appendix B.   Appendix B shall be all salaries for Paraprofessionals/Non-Instructional Aides (excluded from these salary schedules are all employees as set forth in paragraph 24.4 as set forth in this Agreement).

3.2  For purposes of application of Appendix A to employees covered thereby, other than Vocational shop teachers, full credit upon hiring or rehiring shall be given for prior full-time teaching experience for the Committee and teaching experience outside the Committee’s jurisdiction which is acceptable to the superintendent and for educational attainment as determined by the superintendent provided that no such employee is placed on a step which is higher than the step which is commensurate with such employee’s experience and educational attainment upon hiring or rehiring unless approved by the Executive Board of the Association and such approval shall not be unreasonably withheld.   All employees covered by Appendix A on September 1, 2007 will be paid in accordance with the step they have attained as of that date and will be progressed forward in accordance with the provisions of Article III.   For purposes of the application of Appendix A to Vocational shop teachers, full credit upon hiring or rehiring shall be given for prior full-time teaching experience for the Committee and teaching experience outside of the Committee’s jurisdiction which is acceptable to the superintendent and credit may be given for non-teaching experience in the appropriate trade as determined by the superintendent.   A Vocational shop teacher who does not have a Bachelor’s degree or higher degree will, upon hiring, be placed on the step of the Bachelor’s degree schedule commensurate with his or her experience as determined above.   A Vocational shop teacher with a Bachelor’s or higher degree will, upon hiring, be placed on a step of the Master’s degree schedule which is commensurate with his or her experience as determined above.   Vocational shop teachers who earn credit beyond a Master’s degree will be paid on the Teachers’ salary schedule commensurate with such academic achievement.

3.3 GRADUATE CREDIT

Course credit and advanced degrees must be earned respectively in courses and degree programs approved by the superintendent.   All such credits and advanced degrees must be obtained from an institution accredited by the New England Association of Secondary Schools and Colleges and its affiliates or recognized professional societies, or in-service training courses approved by the superintendent.

3.4 NURSE SALARIES

The annual salaries in effect for school nurses will be as it appears in Appendix A.   A school nurse will, upon hiring, be placed on the first step of the above salary schedule in the Bachelor’s degree column with an RN Diploma, Associate or Bachelor’s degree or the Master’s degree column with an RN Master’s degree.   He/she will be placed on the first step of the appropriate degree column or, if the superintendent determines that such nurse has prior experience for which credit should be granted, on the step of the salary schedule which the superintendent determines is appropriate considering such experience.

3.5 LONGEVITY

Employees with at least ten (10) years of service in the Waltham School System shall be eligible to receive, in addition to their minimum annual salaries, longevity pay based on length of service in the Waltham School System in accordance with the schedule in Appendix A.   The total of the employee’s minimum annual salary and the longevity pay to which he or she may be entitled, if any, shall be such employee’s annual base salary.

3.6  Employees shall have the option of being paid in 26 or 22 equal installments (i.e. in terms of gross pay) according to the provisions listed as a) to c) below.   If the 26 installment option is in effect, an employee who chooses that option shall be entitled to receive on the last day of June any unpaid installments due and payable during July and August, provided such employee so requests at least one (1) month prior to such last pay day.   The first pay day shall be the second Friday after the first day of school.

a)   Employees shall express their option for the following contract year in writing by the preceding June 1, or on the date of hire, and this option cannot then be changed for that contract year.

b)   At least 100 employees for any given contract year must opt for each of the alternatives.   In the event that fewer than 100 employees opt for either alternative, the entire bargaining unit will be paid according to the alternative which the majority has chosen.

c)   The first payday under either option shall be no later than the third week of September.

3.7  Except as otherwise provided in Section 13.4, there shall be deducted from an employee’s pay for each day which he or she is absent other than on sick leave with pay, an amount equal to one/one hundred eighty second (1/182) of his or her base annual salary.   An employee designated and serving in an extra-curricular capacity will not have his or her salary for such position reduced for days off other than on leave with pay unless the employee is unable to perform the duties of the position, in which case the employee’s salary for the position shall be reduced in proportion to the duties which were not performed.

3.8 Salary increases of any kind are not automatic.   They are granted only when there has been a continuation of a high standard of performance.   The superintendent reserves the right to withhold increments and adjustments for employees for just cause and just cause shall mean an unsatisfactory performance.   An employee retains the right to grieve an action under 3.8 to all levels.

ARTICLE IV: GRIEVANCE PROCEDURE

4.1  The following definitions shall apply to this Article IV and to Article V:   A) except as provided in Section 4.11, a grievance shall mean a complaint by a teacher that as to him/her, the Committee has interpreted and applied this agreement in violation of a specific provision hereof; B) an “aggrieved teacher” is the teacher making the complaint.

4.2 The purpose of the procedure set forth hereinafter is to secure prompt and equitable solutions to grievances which may from time to time arise.   All grievances will be handled as provided in this article.   The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved.   If a grievance is once settled or if it is not presented (orally or in writing) within the time limits provided in Section 4.4, it shall be considered closed and shall not thereafter be subject to the grievance procedure or to arbitration hereunder.

4.3 Nothing contained in this Agreement shall prevent a teacher or group of teachers from presenting any grievance of such teacher or group of teachers without the intervention of the Association, provided the adjustment of such grievance is not in violation of the terms of this Agreement.

4.4 GRIEVANCE PROCESS

The formal processing of grievances shall be undertaken as set forth below:

Level One:   The aggrieved teacher must first present the grievance in writing to the principal of his/her school or to his/her immediate supervisor within fifteen (15) calendar days of the time when the aggrieved teacher reasonably should have had knowledge of the event or events forming the basis for the grievance.   The aggrieved teacher, either directly or through a representative of the Association, and such principal or immediate supervisor, shall within seven (7) calendar days meet to discuss the grievance with the objective of resolving the grievance informally.   The principal or immediate supervisor shall provide his/her decision in writing within seven (7) calendar days after the conclusion of such meeting.

Level Two:   If the grievance is not satisfactorily settled in Level One, it may be presented in writing to the superintendent within fifteen (15) calendar days after the decision of the principal or immediate supervisor is due in Level One.   The superintendent or his/her designee and the aggrieved teacher, and if the aggrieved teacher so chooses, a representative of the Association shall meet within twelve (12) calendar days after receipt of the written grievance by the superintendent to consider the grievance.   The superintendent or his/her designee shall give his/her answer in writing within seven (7) calendar days after the conclusion of the meeting.

Level Three:   If the grievance is not settled to the satisfaction of the aggrieved teacher in Level Two, the grievance may be appealed in writing to the Committee within twelve (12) calendar days after the superintendent’s or his/her designee’s answer is due in Level Two.   The Committee or its designated representative shall meet with the aggrieved teacher and if the aggrieved teacher so chooses, a representative of the Association, within fifteen (15) calendar days after receipt of written notification that the grievance is being appealed.   The Committee shall provide its decision in writing to the aggrieved teacher within ten (10) calendar days after the conclusion of the meeting.

Level Four:   If the grievance is not settled to the satisfaction of the aggrieved teacher in Level Three, he/she may within seven (7) calendar days after a decision by the Committee is due in Level Three, request in writing that the Association submit the grievance to arbitration.   The grievance, if it involves the interpretation and application of a specific provision of this Agreement, may be appealed to arbitration by the Association by written notice to the Committee of such intention to appeal within fifteen (15) calendar days after the decision by the Committee is due in Level Three.

4.5 Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process.   The time limits specified may, however, be extended by mutual agreement. The parties will endeavor to expedite the processing of any grievance filed on or after June 1, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to the aggrieved teacher or the Committee.

4.6  Settlements of grievances under this Article may or may not be retroactive as the equities of each case may demand, but in no event shall a settlement be retroactive beyond fifteen (15) days prior to the date on which the grievance was first presented at Level One hereof.

4.7 No reprisal of any kind will be taken by the Committee or any member of the Administration against any aggrieved teacher, any school representative, any member of the PR & R Committee or any other participant in the grievance procedure by reason of such participation.

4.8  The aggrieved teacher and the person representing the Administration or the Committee, as the case may be, shall have the right to be represented by a person of his/her choosing, except that a teacher may not be represented by a representative or officer of any teaching organization or Union, other than the Association.   When a teacher is not represented by the Association, the Association shall have the right to be heard at each step hereof and shall be notified of the decision at each level.

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

4.10 Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

4.11 If a grievance affects a group or class of teachers, the Association may submit the grievance directly to the superintendent and the processing of the grievance will be commenced at Level Two.   For purposes of the section 4.11, a “grievance” shall mean a complaint by the Association that as to a group or class of teachers the Committee has interpreted and applied this Agreement in violation of a specific provision hereof.

ARTICLE V: ARBITRATION

5.1 In the event the Association elects to submit a grievance to arbitration, the arbitrator shall be selected according to, and shall be governed by, the procedure contained in this article.

5.2 For a grievance to be subject to arbitration hereunder, the Association must refer the grievance to the American Arbitration Association within ten (10) calendar days after written notice of intention to arbitrate has been received by the Committee.   The arbitrator shall be selected in accordance with the rules then pertaining to the American Arbitration Association applicable to labor arbitrations.   Any arbitration hereunder, shall be conducted in accordance with such rules, subject to the provisions of this Agreement.   The parties shall share equally in the compensation and the expenses of the arbitrator.

5.3 The function of the arbitrator is to determine the interpretation and the application of specific provisions of this Agreement.   There shall be no right in arbitration to obtain and no arbitrator shall have any authority or power to award or determine, any change in, modification or alteration of, addition to, or detraction from, any of the provisions of this Agreement.   No arbitrator shall have any authority or power to make any settlement retroactive beyond fifteen (15) calendar days prior to the date on which the grievance was first presented in Level One hereof.   Unless the parties agree otherwise, each grievance shall be separately processed in any arbitration proceedings hereunder.   The arbitrator shall furnish his/her opinion in writing specifying the reasons for his/her decision.   The decision of the arbitrator, if within the scope of his/her authority and power under this Agreement, shall be final and binding upon the parties.

ARTICLE VI: TEACHER ASSIGNMENT

6.1 Teachers will be notified in writing of their programs for the coming year, including the schools to which they will be assigned, the grades and/or subjects they will teach, and any special or unusual classes they will have, as soon as practicable and under normal circumstances by June 1.

6.2 In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned, except temporarily and for good cause, outside the scope of their teaching certificates and/or their major or minor fields of study.

6.3 Non-voluntary changes in grade assignments in the elementary schools and in subject assignments in the secondary schools will be made only after consultation between the teacher and a member of the administration.

6.4 In arranging schedules for teachers who are 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.   Teachers who are assigned to more than one school in any one school day will receive the prevailing City employee rate for all inter-school driving done by them, provided an itemized statement is presented to the administration office.   No itemized statement of less than five dollars will be processed at any one time.

ARTICLE VII: CLASS SIZE AND THE USE OF SPECIALISTS

7.1 The Committee and the Association are aware that reductions in class size are conducive to improvements in education.   Accordingly, the desirable maximum number of pupils per teacher is as follows:   Elementary Schools - Kindergarten (20 per session) - Grades 1 through 6 (25). Middle and Senior High School, exclusive of Vocational Chapter 74 programs and Team Teaching - Academic Subjects (30) - Science Laboratories (20) - Technical Education (15) -Family and Consumer Science (20) - Art (15) - Music (30) - Physical Education (25).

7.2 Attainment of the desirable maximum number of pupils per teacher shall be dependent on the practicalities with which the Committee must deal.

7.3 Whenever the number of pupils in classes of any elementary grade exceeds the recommended class size, and facilities are not available for a separate class, the superintendent may at his/her discretion, recommend the hiring of a full-time or part-time teacher to assume part of the teaching load in order to bring about a more adequate pupil/teacher ratio.

7.4 The Committee will hire an adequate number of specialists so that each elementary class will have classes in such special subjects once a week.   It is expressly understood, however, that nothing contained in this section will deprive the Committee of the Authority which it has under the law, expressed or implied, to make the final decision as to the number and/or type of specialists which it will employ; provided that the Committee will, in determining the number and/or type of specialists, comply with applicable law and Board of Education Regulations.

ARTICLE VIII: RELIEF FROM NON-TEACHING DUTIES

8.1 The Committee and the Association acknowledge that a teacher’s primary responsibility is to teach and that his or her energies should, to the extent possible, be utilized to this end.   It is recognized, however, that to teach effectively, a proper educational atmosphere must be provided.   Such an atmosphere can only be obtained when the teacher’s responsibilities to pupils extend to areas beyond the academic.

8.2 Teachers will not be required to collect money for non-educational purposes except in the following cases:   A) Milk money on a monthly basis; B) Collecting money for pupil insurance annually, except that teachers will not be required to tabulate the money collected.

8.3 Efforts will be made by the Committee and the Association to improve present practices of maintaining registers and preparing report cards.

8.4 The Committee will investigate means by which teachers may be relieved of recess duty.

ARTICLE IX: PROMOTIONS

9.1  Whenever any vacancy (including the establishment of a new or acting or temporary position) at or above the rank of classroom teacher occurs between September 1 and June 30, notice of such vacancy will be sent to the Senior Faculty Representative for each building as far in advance of the appointment as is reasonably possible.   The Senior Faculty Representative will be responsible for notifying members of the teaching staff of such vacancy.   During the months of July and August, written notice of any such vacancy will be given to the President of the Association.   Such notice shall clearly set forth the qualifications for the position, its duties, the rate of compensation and the final date for filing applications.   If such qualifications are changed after such notice is given, the President of the Association will be advised of such changes and the reasons therefore no less than ten (10) days in advance of the filling of such vacancy.   No vacancy will be filled, except on a temporary basis, within fourteen (14) calendar days from the date the notice was mailed to the Senior Faculty Representative or from the giving of written notice to the Association, as the case may be.   The Committee will endeavor to fill a vacancy within forty-five (45) calendar days after the vacancy arises.   The vacancy will be filled with a permanent appointment by the beginning of the school year next following the school year in which such vacancy arose.

9.2 Whenever any vacancy in an athletic coaching position occurs, notice of such vacancy will be sent to the President of the Association at least fourteen (14) days before a decision is made on filling such vacancy.

9.3 Any qualified teacher, whether or not employed by the Waltham School System, who wishes to apply to fill such vacancy, shall be given an adequate opportunity to do so.   Consideration shall be given to each applicant’s professional background, achievements, experience, length of service for the Committee and other relevant factors, provided that service and experience gained as a temporary appointee in such vacancy shall not be considered.   Any teacher applicant who is covered by this Agreement, and who is not selected will, upon request, receive a written notice of non-appointment from the superintendent (or his/her designee).

9.4 Appointments will be made without regard to race, creed, color, religion, nationality, sex, marital status, age or sexual preference.

ARTICLE X: TEACHER EVALUATION

10.1 OBSERVATIONS

All observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher.   A teacher will be given a copy of any evaluation, prepared for transmittal by his/her supervisor prior to its transmittal, and will have the opportunity to discuss the report with this supervisor and sign the same.   The member must sign and said signature does not indicate agreement with the evaluation.   It does mean that the member has read it.   The teacher shall have a right to submit a written response to the evaluation.

10.2 Periodic conferences will be held between the teacher and his/her supervisor at which time the supervisor will acquaint the teacher with this assessment of the teacher’s total performance. Conferences with non-professional status teachers should be held at least once every two (2) months.   It is understood that a visit to the classroom shall precede each such conference.

10.3 A teacher will, upon request, be permitted to review the contents of his or her personnel file. A teacher will be entitled to have a representative of the Association (designated by the President) accompany the teacher during such review.

10.4 Nothing derogatory to a teacher’s conduct, service, character, or personality will be placed in such teacher’s personnel file unless such teacher has had an opportunity to review the material. The teacher will acknowledge having had the opportunity to review all such material by affixing his/her signature to the copy to be filed; however, such signature does not indicate agreement with the contents thereof.   A teacher shall have the right to submit a written answer to any material which the teacher deems derogatory.   His/her written answer shall be reviewed by the superintendent (or his/her designee) and then attached to the personnel file copy of the material answered.

10.5 Any written complaint regarding a teacher made to any member of the

Administration by a parent, student or other person will be promptly called to the attention of such teacher.

10.6 The Association recognizes the authority and responsibility of the Principal or other member of the Administration to reprimand or discipline a teacher for delinquency of professional performance.   If a teacher is to be reprimanded or disciplined by a member of the Administration above the level of principal, however, he/she will be entitled to have a representative appointed by the President of the Association present.

ARTICLE XI: TRANSFERS

11.1  Although the Committee and the Association recognize that some transfer of teachers from one school to another is unavoidable, they also recognize that frequent transfers of teachers is disruptive of the educational process and interferes with optimum teacher performance.

11.2 When a reduction in the number of teachers in a school is necessary, volunteers who qualify for positions in other schools will generally be transferred first.

11.3 INVOLUNTARY TRANSFERS

When involuntary transfers are necessary, a teacher’s area of competence, major and/or minor field of study, quality of teaching performance, length of service in the Waltham School System and other relevant considerations will be considered in determining which teacher is to be transferred.   Teachers being involuntarily transferred will be transferred to a position with duties which bear an appropriate relationship to the teacher’s experience or prior duties.   An involuntary transfer will be made only after a meeting with the teacher involved and the superintendent (or his/her designee), at which time the teacher will be notified of the reasons for the transfer.

11.4 A list of open positions in the Waltham School System will be made available to all teachers being transferred.

11.5 Notice of transfer will be given to teachers as soon as practicable.   Generally, notice is given not later than June 1.

11.6 Exceptions to the provisions of Sections 11.2, 11.3, 11.4, and 11.5 above, may be made only if the superintendent determines that it is necessary to do so in the best interests of the teacher(s) and/or school(s) affected.   The Association will be notified of every instance in which the superintendent so determines.

11.7 REQUESTS FOR TRANSFER

Teachers desiring a transfer will submit a written request to the superintendent stating the assignment preferred.   Such requests must be submitted between September 1 and March 1 of each school year to be considered for the next school year.   Requests must be renewed each year. All requests will be acknowledged in writing by April 1.

11.8 It is recognized that the final decision on transfers and assignments rests with the superintendent.

ARTICLE XII: POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL, AND UNDER FEDERAL PROGRAMS

12.1 Reasonable advance notice of openings for positions in summer school, evening school, or under Federal programs will be given to the Association.   Consideration in filling such openings will be given to an applicant’s professional background, experience, length of service in the Waltham School System and other relevant considerations.   Teacher applicants will be notified of the action taken with respect to his or her application as soon as is reasonably possible. Teachers will be advised of the status of their applications at least three (3) weeks prior to the beginning of such program.

ARTICLE XIII: SICK/MEDICAL LEAVE

13.1 SICK LEAVE

During a full-time employee’s working year in the Waltham Public Schools, fifteen (15) days of paid sick leave shall be earned on an accrual basis of one and one half (1 ½) days for each full month of actual service performed during the school year.   If such employee has not earned unused sick leave available, and the employee is not paid for the time absent, then the employee, at his/her option will be paid for all days not previously paid in that year, as described herein to the extent that the employee has earned sick leave available at the end of the school year or upon request.   The central office will notify each individual teacher of the amount of his/her accumulated sick time to date at the beginning of each school year no later than October 31st. Teachers working less than a full time schedule shall be granted a number of sick days on a pro­rated basis commensurate with their teaching load.

13.2 FAMILY SICK LEAVE

Sick leave may not be used for any other purpose except illness, injury or disability related to a physical condition requiring a doctor or hospital care, including non-routine medical or dental appointments, except for up to seven (7) days annually in the event of serious illness requiring bedside care or household attention of the teacher’s spouse, child, parent, or member of the immediate household.   The Superintendent may require a doctor’s certificate attesting to the seriousness of the illness.

A doctor’s certificate may be required from an employee who is absent in excess of three (3) consecutive days at a time or under any circumstances the superintendent deems unusual or where he/she has reason to believe that the employee may be abusing sick leave.   In such cases, the doctor’s certificate shall be required to contain, if requested by the administration, a medical diagnosis, the specific sickness, injury, condition for which sick leave is used or requested, prognosis, and to the extent possible, the expected date an employee will return to work.

13.3 To be eligible to use a sick leave, an employee must report the sickness to the appropriate principal or supervisor at least eight (8) hours, except for emergencies, prior to such employee’s scheduled reporting time on the first day of absence. Twenty-four (24) hours advance notice is required when the employee knows that such time is needed. The absent employee claiming sick leave is expected to keep the superintendent informed of the progress of the sickness, injury, or disability and may be required to provide additional doctor certificates in the form set forth above from time to time at the discretion of the superintendent if such absence is prolonged.   If deemed in the best interests of the Waltham Public School System, the superintendent may require any employee, claiming a right to, or using sick leave, to be examined by a physician chosen by the system, such examination to be administered without charge to the teacher.   A teacher working less than a full time schedule who requests a sick day will be assessed a sick day on a pro-rated basis commensurate with their teaching load.

13.4  A professional teacher status employee, whose personal sickness extends beyond the period of paid sick leave, will be granted a leave of absence, without pay or increment, for no longer than the remainder of that school year.   Such leave may be further extended by the Committee at its discretion.   The exercise of said discretion shall not be subject to the grievance and arbitration provisions of this Contract.

13.5 WORKER’S COMPENSATION

Time out for accidents occurring in or on school property or on school business will be handled in accordance with Workers’ Compensation statutes and regulations. Staff out on worker’s compensation will have their salaries adjusted annually to reflect contractual raises.

13.6 SICK LEAVE BUY-BACK

An employee’s earned sick leave shall be reimbursed upon the employee’s retirement, or shall be paid to the employee’s estate if the employee dies while still an employee, at the rate of thirty ($ 30) dollars per day up to a limit of $ 6,500.   The accumulation of unused sick days shall be limited to 300 days per employee.   Except in the case of death, those wishing to take advantage of this provision must notify the superintendent on or before February 1.   The superintendent may waive the aforementioned notification deadline, but the superintendent’s decision with regard to such a waiver or waivers shall not be subject to the grievance and/or arbitration provisions of this Agreement.

Subject to City approval, the School Committee agrees to implement a 403B or other tax sheltered plan approved by the IRS for use in tax sheltering of sick leave cash payouts provided that there is no cost to the City.   Any such plan will be procured by the City in accordance with usual City procedures.

Teachers with professional status who leave the system voluntarily, but are not retiring, can donate up to four (4) of their unused accumulated sick days to the sick leave bank.

13.7 SICK BANK

The Committee grants the Association permission to establish a voluntary Sick Leave Bank. Administration of the Sick Leave Bank shall be by a Committee which shall consist of two (2) members of the Association, two (2) members of the Committee and the superintendent or his/her designee.

A teacher shall become a member of the sick bank after three years of employment with the school department by donating one sick day unless she/he declines bank membership via written notification to the union president and the superintendent.

A teacher must have at least one accrued sick day to donate in order to join the sick bank. Enrollment into the sick bank will occur on September 1 of each year for all eligible employees.

Unused days in the bank will continue to be in the bank from year to year.   When the bank “runs dry”, all bank members will donate two additional sick days unless they opt out of future participation in the sick leave bank by sending written notification to the union president and the superintendent.

When a member has used up his/her own sick leave, he or she may apply for up to one hundred (100) days from the bank.   When an employee has used his/her sick leave and one hundred (100) days from the sick bank, he/she may rejoin the sick bank by contributing one earned sick day after having accrued three (3) sick days   During the first year of bank membership, a member may draw a maximum of fifty (50) days.

The Sick Leave Bank Committee shall determine the eligibility for use of the Bank and the amount of leave to be granted.   The following criteria among other reasonable considerations shall be used by the Committee in administering the Bank and in determining eligibility and amount of leave:

a)   Adequate medical evidence of serious illness

b)   Prior utilization of all eligible sick leave

c)   Length of service in the Waltham Public Schools

d)   Propriety of use of previous sick leave

A teacher who is not yet eligible for membership in the Sick Bank may petition the Sick Leave Bank Committee for consideration of up to twenty-five (25) days.

The procedures and criteria of the Sick Leave Bank Committee, with respect to eligibility and entitlement (amount of sick leave granted, if any), shall be final and binding and not subject to appeal or the grievance and arbitration process.

Nothing in these guidelines shall prevent the School Committee from granting extensions of sick leave under Article 15.5.

For the present time, the President and the Vice-President of the Association will represent the Association on the Sick Leave Bank Committee.

13.8 DISCRETIONARY DAYS:

Employees may receive up to two discretionary leave days per year based on the following conditions:

a.   The employee has accumulated at least one hundred (100) days of sick leave at the time he/she requests a discretionary day.

b.   The employee has used four or fewer sick and discretionary days during the previous school year.   Request must be submitted as far as possible in advance of the date the teacher wishes such discretionary day to begin, but in no event less than 48 hours in advance of the requested discretionary day, except in the case of an emergency.

c.   The employee surrenders three (3) accumulated sick days in order to receive one (1) discretionary day.

ARTICLE XIV: PERSONAL LEAVE

14.1 PERSONAL DAYS

A teacher shall be granted leave without loss of pay for time necessarily and actually lost for important personal reasons (excluding medical or dental appointments, which time is taken as sick/medical leave), if such activity cannot be carried on at any other time.   Written notification (email is acceptable) of the need for such leave shall be made to the superintendent of schools as far as possible in advance of the date the teacher wishes such leave to begin, but in no event less than forty-eight (48) hours in advance of the commencement of such leave, except in the case of emergency.   Any notification given less than 48 hours in advance must be accompanied by clearly stated reasons for the leave and if written notification is impossible, a written follow-up to the superintendent is required.

After one full year of employment, all staff eligible for benefits may use a maximum of two (2) non-consecutive personal days per year, without a reason being given.   After one full year of employment, part-time staff not eligible for benefits (less than .5) may use a maximum of one personal day per year.     In all cases personal days may not extend a school vacation or holiday weekend.   Full time staff not using any personal days in one school year, will be afforded a maximum of three (3) such personal days during the subsequent school year.   Personal days do not otherwise accumulate.

Requests for other (than those above) personal days must be made in writing to the superintendent, accompanied by the reason for such days.

14.2 BEREAVEMENT DAYS

The Committee will grant five (5) consecutive school days, not to exceed eight (8) calendar days leave with pay for death in the immediate family with such days not charged to sick leave.   The immediate family shall be defined as mother, father, grandparent, grandchild, brother, sister, wife, husband, son, daughter, foster or step child, household partner, mother-in-law, and father-in-law.

14.3 PROFESSIONAL VISITATION DAYS

The superintendent may in his/her discretion grant without loss of pay one (1) visitation day for purposes of professional improvements.   Requests setting forth the destination and purpose of such day should be submitted to the superintendent at least two (2) weeks prior to the day requested.   Additional days may be granted at the superintendent’s discretion.   The superintendent’s decision on requests for visitation days for purposes of professional improvement will not be subject to the grievance and arbitration provisions of this Agreement.

14.4 STUDENT TEACHER SUPERVISOR DAY

The Committee shall continue its existing policy regarding days of leave for the supervising of practice teachers which leave will not be charged to accrued sick leave.

14.5 PRESIDENT OF THE ASSOCIATION LEAVE

1)   The President of the Waltham Educators Association or his/her designee who shall be one of the other four (4) officers of the Association;   that is, the Vice President, Treasurer, Secretary and Immediate Past President, shall be entitled to four (4) days leave without loss of pay for the purpose of conducting Association business.   An additional two (2) days without loss of pay for the purpose of conducting Association business shall be granted, provided that the Association shall bear the cost of the substitute teacher.   If more than a total of six (6) days are used by the

Association President in any given school year, the President’s salary shall be paid by the Association and the cost of the substitute shall be borne by the Committee.

2)  The Presidential leave shall be exclusive leave for Association business.   Any leave provision under Article XIV, Section 1, 2, 3, and 4, or under any other Article of this Contract shall not be applicable to the President for Association business.

3)  The Association is allowed to send up to its maximum number of representatives authorized by the MTA Annual Meeting without loss of pay (one day each for Association Business).

ARTICLE XV: EXTENDED LEAVES OF ABSENCE

15.1 ASSOCIATION BUSINESS

A teacher designated by the Association shall, upon request, be granted an unpaid leave of absence of up to two (2) years for the purpose of engaging in full-time local, state, or national activities of the Association, provided that not more than three (3) such teachers shall be on such leave at any one time.

15.2 MILITARY LEAVE

Military leave of up to four (4) years without pay as required by state or federal law shall be granted to any teacher for military service.   Reinstatement shall be subject to state and federal law.

15.3 FAMILY SICKNESS

A leave of absence without pay of up to one (1) year may be granted for the purpose of caring for a sick member of the teacher’s immediate family.

15.4 POLITICAL PURPOSES

A leave of absence without pay of up to one (1) year may be granted for the purpose of permitting a teacher to campaign for or serve in public office.

15.5 Other leaves of absence or extensions may be granted by the Committee.

15.6 Upon the termination of a leave under this Article, the teacher will be restored as soon as practicable to the position which the teacher held at the time he/she began his/her leave, or substantially equivalent position, with such benefits to which such teacher was entitled at the time such leave commenced, however, to the requirements of the particular benefit plan or program involved.   Failure to be available for assignment at the termination of such leave shall constitute resignation.

15.7 Each request for leave or extension or renewal shall be in writing.

15.8 PARENTAL LEAVE

Teachers with professional status have the following three options for parental leave:

1.   Up to sixteen (16) weeks (80 work days).

2.   More than sixteen (16) weeks, returning to their duties at the start of the school year.

3.   More than sixteen weeks, returning to their duties at mid-year (the 92nd work day).

No parental leave may exceed two (2) work years.     Teachers without professional status will be limited to option #1 above.   The superintendent must be notified in writing at least six (6) weeks prior to the teacher’s expected return regarding the teacher’s returning, resigning, retiring, or extending the leave (subject to the above limitations).   This shall be considered a binding agreement.   All leaves of absence are subject to the reduction in staff procedures.   In the case of adoption where the adoption agency requires a different return date, such dates, within the above parameters, shall be accommodated.

15.9 CAREER EXPLORATION LEAVE

No more than ten (10) teachers in any one year may be granted a career exploration leave. Application for a career exploration leave must be received by the superintendent in writing in such form as may be required by him/her not later than March 1 prior to the school year during which said teacher desires career exploration leave.   A teacher will be notified by the Committee of the granting or rejection of his/her application on or before April 1 of the school year preceding the school year for which the career exploration leave is requested.   Teachers on career exploration leave will inform the superintendent in writing not later than March 1 whether or not they intend to return to work for the subsequent school year.   The number of teachers to be granted such leave is at the Committee’s discretion so that the educational process will not be disrupted.

15.10 In addition to whatever benefits this agreement provides, it is agreed that the School Committee will abide by the Federal Family and Medical Leave Act of 1993.

ARTICLE XVI: SABBATICAL LEAVE

16.1 The Committee may grant a leave of absence for study or research to any teacher with professional teacher status which would increase his/her professional ability in accordance with the following terms and conditions.

A.  Application for sabbatical leave must be received by the superintendent in writing in such form as may be required by him/her not later than January 1 prior to the school year during which such teacher desires sabbatical leave.   A teacher will be notified by the Committee of the grant or rejection of his/her application on or before April 1 of the school year preceding the school year for which the sabbatical leave is requested.

B.  The granting of such application is subject to the approval of the superintendent and the Committee.

C.  If the sabbatical leave is for the entire school year, sabbatical leave pay shall be fifty (50) percent of the base salary to which the teacher would have been entitled during the period of sabbatical leave.   If the sabbatical leave is for one-half (1/2) the school year, sabbatical leave pay shall be one hundred (100) percent of the base salary to which the teacher would have been entitled during the period of the sabbatical leave, if no sabbatical leave had been taken, provided that amount, when coupled with any scholarship, grant or aid, shall not exceed the salary to which such teacher would have been entitled.

D.  No more than one (1) percent of the teaching staff of the Waltham Public Schools may be on sabbatical leave at any one time.

E.   Prior to the granting of such leave, the teacher shall enter into a written agreement with the Committee that upon termination of such leave, he/she will return to service in the public schools of Waltham for a period equal to twice the length of such leave and that, in default of completing such service, he/she will refund to the Committee an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed, bears to the amount of service agreed to be rendered.

ARTICLE XVII: GROUP INSURANCE PLAN

17.1   Blue Cross/Blue Shield is available to employees with the City contributing 87.5 percent effective July 1, 2008   Employees have the option of joining health maintenance organization plans offered to other City employees with the City contributing 89% percent effective July 1, 2008, unless at a future time City employees receive a higher contribution percentage.

School department employees will be provided twelve (12) months of health insurance coverage annually.   Employees will contribute 1/22 or 1/26 or 1/52 of their annual share (consistent with their yearly number of paychecks) and the city will contribute the employer’s share from September 1st through August 31st.

$ 15,000 Life Insurance Coverage.   Employees have the option of buying additional insurance in increments of $ 5,000 up to but not exceeding their annual salary.

Any claim or disputes concerning eligibility for or payment of benefits under this Article shall be determined in accordance with the applicable insurance policies and contracts and shall not be subject to the grievance and arbitration procedures herein.

ARTICLE XVIII: PROTECTION

18.1 Teachers will immediately report all cases of assault suffered by them in connection with their employment.   Written reports of any assaults will be made to the principal of the employee’s school, or in his/her absence, to the superintendent.

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

ARTICLE XIX: USE OF SCHOOL FACILITIES

19.1 The Association will have the right to use the school buildings without cost at reasonable times for meetings.   The superintendent will be notified in advance of the time and place of all such meetings; such use must have the approval of the superintendent and/or Committee, and the regular procedure of application for use of school buildings must be followed.   Teachers shall have the right to use school athletic facilities without cost at reasonable times.

ARTICLE XX: DUES AND OTHER DEDUCTIONS

20.1 The Committee agrees to deduct from the salaries of teachers who have on file with the Committee an executed current Dues Deduction Authorization Card, dues for the Waltham Educators Association, Massachusetts Teachers’ Association, and the National Education Association and to transmit the monies to the Waltham Educators Association Treasurer.   Dues will be deducted from year to year unless and until the teacher gives sixty (60) days written notice of withdrawal of such authorization to the Association Treasurer.

20.2 Deduction referred to in Section 20.1 above will be made in equal payments in amounts certified by the Association Treasurer as being the regular membership dues of the Association, the Massachusetts Teachers’ Association, and the National Education Association.

20.3 AGENCY FEE

In accordance with the provisions of General Laws, Chapter 150E, Section 12, and the General Laws, Chapter 180, Section 17G, the Committee shall deduct an Agency Fee from each teacher who is not a member of the Association and to transmit the monies to the Waltham Educators Association Treasurer.   Dues will be deducted from year to year unless and until the teachers gives sixty (60) days written notice of withdrawal of such authorization to the Association Treasurer.

20.4 The amount to be withheld by the Committee as an Agency Fee shall be proportionately commensurate with the cost of collective bargaining and contract administration.   The Agency Fee shall be deducted after December 31 of the current school year.

20.5 The amounts deducted will be submitted to the Association Treasurer as soon as is reasonably possible after the issuance of the paychecks from which the deductions were taken.

20.6  The provisions of this Article XX shall be subject to the requirements of Section 17C of Chapter 180 of the General Laws including the requirement that the Treasurer of the City of Waltham, Massachusetts, shall be satisfied by such evidence as he/she may require that the Association Treasurer has given to the Association a bond, in a form approved by the Commission of Corporations and Taxation, for the faithful performance of his/her duties, in the sum and with such surety or sureties as are satisfactory to the Treasurer of the City of Waltham.

20.7 The Committee will deduct from the salary of a teacher payments pursuant to an approved tax sheltered annuity program and deductions for savings in an approved savings institution, provided that such deduction has been so authorized in writing by the teacher.

20.8 The City will deduct premiums for Disability Income Insurance of employees who authorize the same in writing provided that there is no cost or liability to the City.   Any deductions missed because of no pay will be the responsibility of the employee.   The City will provide the vendors designated by the union with the names of employees from whom deductions were made along with total deductions, but assume no other responsibility.

ARTICLE XXI: RIGHTS OF THE COMMITTEE

21.1   Except to the extent that there is contained in this Agreement an express and specific provision to the contrary, all the authority, power, rights, jurisdiction, responsibilities and duties that have been or may hereafter be granted by the law to the Committee are retained by and reserved exclusively to the Committee.   No such authority, power, rights, jurisdiction, responsibilities or duties shall be deemed waived or modified unless the waiver of modification is in writing and signed by the Committee with respect to such reserved rights and responsibilities, other than as there are specific provisions and directions to the contrary contained elsewhere in this Agreement, shall be subject to grievance and arbitration;   nor action reserved to the final decision and/or sole discretion of the School Committee and/or superintendent as elsewhere contained in this Agreement, be subject to the grievance and arbitration provisions of this Agreement.

ARTICLE XXII: CONTINUITY OF OPERATIONS

22.1 The Association agrees that no Association officer, Association representative or teacher shall engage in, induce or encourage any strike (whether sympathetic, general, or of any other kind), walkout, work stoppage, sit down, slow down, withholding of services, boycott (whether direct or indirect), concerted absences or resignations or any other direct or indirect interference with the operations of the Waltham School System.

The Committee agrees not to conduct a lockout.

22.2 A violation of the Article by any teacher may be cause for disciplinary action, including one or more of such disciplinary actions as suspension without pay, dismissal or demotion.   Such disciplinary action imposed by the principal and/or superintendent shall be subject to the grievance and arbitration provisions of this Agreement only as to the question of whether or not the teachers who were disciplined in fact participated in, encouraged or were responsible for such violation.

22.3 In the event of a violation of this Article, the Committee or the Association, as the case may be, may at its option institute any or all proceedings in court of law or equity.

ARTICLE XXIII:   PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

23.1 The Committee and the Association heartily endorse the concept of professional development and educational improvement.

23.2  The Committee will pay additional compensation and the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, and conferences which are approved by the administration, and by teachers who participate in a curriculum committee or other professional improvement sessions when requested by their principal or immediate supervisor, outside of the normal academic day or year.

23.3  LICENSURE RENEWAL

Failure to meet Massachusetts Department of Education relicensure and/or professional development requirements and deadlines will constitute grounds for possible loss of teacher licensure, which is a prerequisite for continued employment.

ARTICLE XXIV:   GENERAL

24.1 The Association will be provided with copies of approved minutes of official Committee meetings.   A copy of the official agenda of the meeting will be given to the Association prior to any such meeting.

24.2  If any Article or Section of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if the compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, as set forth above, the parties affected shall enter into immediate collective bargaining upon request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of invalidity or restraint.

24.3  This Agreement constitutes Committee policy for the term of said Agreement, and the Committee and the Association will carry out the commitments contained herein and give them full force and effect as Committee policy, except to the extent that such may be impossible.   The Committee will amend its administrative regulations and take action as may be necessary in order to give full force and effect to the provisions of this Agreement.

24.4 The terms of this Agreement are not applicable to any employee included within the bargaining unit while engaged in after-school teaching, coaching, tutorial, federal, and/or summer programs; and except for compensation for intramural and extra-curricular activities.

24.5 WEA members shall have the right to petition directly to the School Committee for tuition-free enrollment of their dependent children.   If approved, the School Committee reserves the right of placement of such children to insure appropriate racial balance and class sizes.

ARTICLE XXV: DURATION AND NEGOTIATION PROCEDURE

25.1 This Agreement will be effective on September 1, 2010, upon ratification of both parties and will continue and remain in full force and effect until August 31, 2013.

25.2 Either party may reopen negotiations for a successor agreement at any time after September 1, 2012.   Such negotiations may include any matter within the scope of wages, hours, and conditions of employment.   Such negotiations shall be reopened by the party requesting such negotiations, submitting to the other, proposals for amendments or addenda to the contract.   The other party shall have a period of ten (10) days thereafter to submit its own proposals for amendments or addenda.

25.3 During negotiations for a successor Agreement, the Committee and the Association may present relevant data, exchange points of view, and make proposals and counter-proposals.   The Committee will make available to the Association all relevant Committee minutes, documents and reports to which a resident of the City of Waltham would have access.

25.4  If the negotiations for a successor agreement reach an impasse, the procedures set forth in General Laws, Chapter 150E pertaining to the settlement of dispute may be invoked by either party.

25.5 All negotiating sessions will be closed to the public.

25.6 All information to news media must be mutually agreed upon and jointly released, except that once the Committee has submitted its budget to the Mayor of Waltham, nothing herein shall preclude the Committee from releasing information to the news media which explains or discusses its budget.   If such information is to be released, the President of the Association will be notified reasonably in advance thereof.   Notwithstanding the foregoing provisions, either party may release to the news media the initial proposals as referred to in paragraph 25.2.

25.7 In the event of the absence at a negotiating session of a member of either negotiating team, an alternative negotiator may participate in his/her place.

25.8 Either party may utilize the services of outside consultants and may call upon professional representatives to assist in such negotiations.

25.9 Unless circumstances do not permit, negotiation sessions shall not be more than fourteen (14) calendar days apart, exclusive of legal holidays and weekends.

ARTICLE XXVI: HEALTH & SAFETY

26.1 The Committee desires to provide a place of employment that is safe, healthful and free of recognized hazards.   The School Committee will designate a Health and Safety Officer with the responsibility of insuring the above after receiving recommendations from each of the school unions.   Employees who believe they are exposed to an unsafe, unhealthy or hazardous condition may report such incident to his/her principal on an authorized form with a copy to the Health and Safety Officer and the WEA President.   If no corrective action is taken within fourteen (14) calendar days, the employee may submit a report directly to the Health and Safety Officer and a copy will go to the union president. The Health and Safety Officer will submit to the School Committee at the next regularly scheduled meeting, a report as to what action, if any, has been taken relative to said incident report.

APPENDIX A:   SALARY SCHEDULES

Note:

1.     Salary schedules shall be applied as set forth in the provisions of Article III or any other articles of the contract which are applicable to it.

2010-2011

 

 

Teachers & Nurses

 

 

 

 

 

Cost of Living 0%

 

 

 

 

 

EDS,CAGS,

 

 

Experience

Bachelor's

Master's

M +15

M +30

M +45

CAES, 3Ms

Doctorate

Paras

None

40,913

44,816

45,527

46,263

47,025

47,813

48,627

22,805

One Year

41,820

45,802

46,513

47,249

48,011

48,799

49,613

23,240

Two Years

43,203

47,272

47,983

48,719

49,481

50,269

51,083

23,672

Three Years

44,977

49,133

49,844

50,580

51,342

52,130

52,944

24,107

Four Years

46,623

50,774

51,484

52,221

52,983

53,771

54,585

24,546

Five Years

48,613

52,845

53,555

54,292

55,054

55,842

56,656

24,982

Six Years

50,890

55,115

55,825

56,562

57,324

58,112

58,926

25,414

Seven Years

52,609

56,929

57,640

58,376

59,138

59,926

60,740

25,847

Eight Years

55,332

59,687

60,397

61,134

61,896

62,684

63,498

26,266

Nine Years

59,186

63,785

64,496

65,232

65,994

66,782

67,596

26,660

Ten Years

66,170

70,565

71,275

72,012

72,774

73,562

74,376

27,060

Note:    Base Salary for step 9 paraprofessionals=$26,660; not applicable in FY11 Note:    Base Salary for step 10 paraprofessionals=$27,060; not applicable in FY11

2011-2012

 

 

Teachers & Nurses

 

 

 

Cost of Living 1%

 

 

 

 

 

EDS,CAGS,

 

 

Experience

Bachelor's

Master's

M +15

M +30

M +45

CAES, 3Ms

Doctorate

Paras

None

41,322

45,264

45,982

46,726

47,496

48,291

49,113

23,033

One Year

42,239

46,260

46,978

47,721

48,491

49,287

50,109

23,472

Two Years

43,635

47,745

48,462

49,206

49,976

50,772

51,594

23,909

Three Years

45,427

49,624

50,342

51,086

51,856

52,652

53,474

24,349

Four Years

47,089

51,281

51,999

52,743

53,513

54,309

55,130

24,791

Five Years

49,099

53,373

54,091

54,835

55,605

56,400

57,222

25,232

Six Years

51,399

55,666

56,384

57,128

57,897

58,693

59,515

25,668

Seven Years

53,135

57,498

58,216

58,960

59,730

60,526

61,347

26,106

Eight Years

55,886

60,283

61,001

61,745

62,515

63,311

64,132

26,529

Nine Years

59,778

64,423

65,141

65,885

66,654

67,450

68,272

26,927

Ten Years

66,832

71,270

71,988

72,732

73,502

74,297

75,119

27,331

 

2012-2013

 

 

Teachers & Nurses

 

 

 

Cost of Living 2.25%

 

 

 

 

 

EDS,CAGS,

 

 

Experience

Bachelor's

Master's

M +15

M +30

M +45

CAES, 3Ms

Doctorate

Paras

None

42,252

46,283

47,017

47,777

48,564

49,378

50,218

23,551

One Year

43,189

47,301

48,035

48,795

49,582

50,396

51,236

24,000

Two Years

44,617

48,819

49,553

50,313

51,100

51,914

52,754

24,447

Three Years

46,449

50,741

51,475

52,235

53,023

53,836

54,677

24,896

Four Years

48,149

52,435

53,169

53,930

54,717

55,531

56,371

25,349

Five Years

50,204

54,574

55,308

56,069

56,856

57,669

58,510

25,799

Six Years

52,555

56,918

57,652

58,413

59,200

60,014

60,854

26,245

Seven Years

54,330

58,792

59,526

60,287

61,074

61,887

62,728

26,693

Eight Years

57,143

61,640

62,374

63,134

63,921

64,735

65,575

27,126

Nine Years

61,123

65,872

66,606

67,367

68,154

68,968

69,808

27,532

Ten Years

68,335

72,874

73,608

74,368

75,155

75,969

76,809

27,946

Longevity:

10 years service, but less than 15         3.5%

15 years service, but less than 20         4.5%

20 years service, but less than 25         5.5%

25 years or more of service                 6.5%

Footnotes:

1.    Masters + 15, + 30, + 45 Credits must be earned in courses approved by the department head or supervisor and superintendent of schools.   Certification of course completion must be submitted to the superintendent of schools by August 15 for changes in scale on September 1, by January 15 for changes on February 1.

2.    All credits and advanced degrees must be from an institution accredited by the New England Association of Secondary Schools and Colleges and its affiliates or recognized professional societies.

3.    Vocational shop teachers possessing a Bachelors Degree are to be placed on the Masters Degree schedule.   Shop teachers who earn credits beyond a Masters Degree will be paid on the regular teachers’ salary schedule as regular teachers.

APPENDIX B: CONTRACT FOR FULL-TIME PARAPROFESSIONALS AND NON-INSTRUCTIONAL AIDES

LEAVES OF ABSENCE

1.1 SICK/MEDICAL LEAVE

During a full-time employee’s working year in the Waltham Public Schools, fifteen (15) days of paid sick leave shall be earned on an accrual basis of one and one-half (1 ½) days for each full month of actual service performed during the school year   or upon request.   One hundred thirty (130) days of sick leave may be accumulated per employee. The central office will notify each individual employee of the amount of his/her accumulated sick time to date at the beginning of each school year no later than October 31st.   Paraprofessionals working less than a full time schedule shall be granted a number of sick days on a pro-rated basis commensurate with their schedule.

1.2 Sick leave may not be used for any other purpose except illness, injury or disability related to a physical condition requiring a doctor or hospital care, except for up to seven (7) days annually in the event of serious illness requiring bedside care or household attention of the paraprofessional’s/aide’s spouse, child, parent, or member of the immediate household.   The Superintendent may require a doctor’s certificate attesting to the seriousness of the illness.

1.3  To be eligible to use a sick leave, an employee must report the sickness to the appropriate principal or supervisor at least one (1) hour prior to such employee’s scheduled reporting time on the first day of absence.   The absent employee claiming sick leave is expected to keep the superintendent informed of the progress of the sickness, injury, or disability and may be required to provide additional doctor certificates in the form set forth above from time to time at the discretion of the superintendent if such absence is prolonged.   If deemed in the best interests of the Waltham Public School System, the superintendent may require any employee, claiming a right to, or using sick leave, to be examined by a physician chosen by the system, such examination to be administered without charge to the teacher. A paraprofessional working less than a full time schedule who requests a sick day will be assessed a sick day on a pro-rated basis commensurate with their schedule.

1.4 SICK LEAVE BUY BACK

An employee’s accrued sick leave shall be reimbursed upon the employee’s

retirement or shall be paid to the employee’s estate if the individual dies while still an employee, at the rate of twenty-five dollars ($ 25) per day up to a limit of $ 3,250.   The accumulation of unused sick leave shall be limited to one hundred thirty (130) days per employee.   Except in the case of death, those wishing to take advantage of this provision must notify the superintendent on or before February 1.   The superintendent may waive the aforementioned notification deadline, but the superintendent’s decision with regard to such waiver or waivers shall not be subject to the arbitration provisions of this Agreement.

Subject to City approval, the School Committee agrees to implement a 403B or other tax sheltered plan approved by the IRS for use in tax sheltering of sick leave cash payouts provided that there is no cost to the City.   Any such plan will be procured by the City in accordance with usual City procedures.

1.5 SICK BANK

The Committee grants the Association permission to establish a voluntary Sick Leave Bank. Administration of the Sick Leave Bank shall be by a Committee which shall consist of two (2) members of the Association, two (2) members of the Committee and the superintendent or his/her designee.

A paraprofessional shall become a member of the sick bank after three years of employment with the school department by donating one sick day unless she/he declines bank membership via written notification to the union president and the superintendent.

A paraprofessional must have at least one accrued sick day to donate in order to join the sick bank. Enrollment into the sick bank will occur on September 1 of each year for all eligible employees.

Unused days in the bank will continue to be in the bank from year to year. When the bank “runs dry”, in order to remain a member, the paraprofessional must give two days.

When a member has used up his/her own sick leave, he or she may apply for up to one hundred (100) days from the bank.   When an employee has used his/her sick leave and one hundred (100) days from the sick bank, he/she may rejoin the sick bank by contributing one earned sick day after having accrued three (3) sick days.   During the first year of bank membership, a member may draw a maximum of fifty (50) days.

The Sick Leave Bank Committee shall determine the eligibility for use of the Bank and the amount of leave to be granted.   The following criteria among other reasonable considerations shall be used by the Committee in administering the Bank and in determining eligibility and amount of leave:

a)   Adequate medial evidence of serious illness

b)   Prior utilization of all eligible sick leave

c)   Length of service in the Waltham Public Schools

d)   Propriety of use of previous sick leave

A paraprofessional who is not yet eligible for membership in the Sick Bank may petition the Sick Leave Bank Committee for consideration of up to twenty-five (25) days.

The procedures and criteria of the Sick Leave Bank Committee, with respect to eligibility and entitlement (amount of sick leave granted, if any), shall be final and binding and not subject to appeal or the grievance and arbitration process.

Nothing in these guidelines shall prevent the School Committee from granting extensions of sick leave under Article 15.5 of teachers’ contract.

For the present time, the President and the Vice-President of the Association will represent the Association on the Sick Leave Bank Committee.

2.1 PERSONAL LEAVE

A paraprofessional/aide shall be granted leave without loss of pay for time necessarily and actually lost for important personal reasons (excluding medical or dental appointments, which time is taken as sick/medical leave), if such activity cannot be carried on at any other time. Written notification (email is acceptable) of the need for such leave shall be made to the superintendent of schools as far as possible in advance of the date the employee wishes such leave to begin, but in no event less than forty-eight (48) hours in advance of the commencement of such leave, except in the case of emergency.   After one full year of employment employees eligible for benefits may use a maximum of two (2) non-consecutive personal days per year, without a reason being given, but may not extend a school vacation or holiday weekend.   Staff not using any personal days in one school year, will be afforded a maximum of three (3) such personal days during the subsequent school year.   Part time staff not eligible for benefits, (less than .5), may use a maximum of one personal day per year.   Personal days do not otherwise accumulate.   Requests for other (than those above) personal days must be made in writing to the superintendent, accompanied by the reason for such days.

2.2 BEREAVEMENT LEAVE

The Committee will grant five (5) consecutive school days, not to exceed eight (8) calendar days leave with pay for death in the immediate family with such days not charged to sick leave.   The immediate family shall be defined as mother, father, grandparents, grandchild, brother, sister, wife, husband, son, daughter, foster or step child, household partner, mother-in-law, and father-in-law.

EXTENDED LEAVES OF ABSENCE

3.1 FAMILY SICKNESS

A leave of absence without pay of up to one (1) year may be granted for the purpose of caring for a sick member of the paraprofessional’s/non-instructional aide’s immediate family.

3.2 PARENTAL LEAVE

Up to twelve (12) weeks or Six (6) calendar months parental leave.

3.3 CAREER EXPLORATION LEAVE:

No more than ten (10) paraprofessionals/aides in any one year may be granted a career exploration leave.   Application for a career exploration leave must be received by the superintendent in writing in such form as may be required by him/her not later than March 1 prior to the school year during which said employee desires career exploration leave.   A paraprofessional/aide will be notified by the Committee of the granting or rejection of his/her application on or before April 1 of the school year preceding the school year for which the career exploration leave is requested.   Those on career exploration leave will inform the superintendent in writing not later than March 1 whether or not they intend to return to work for the subsequent school year.   The number of employees to be granted such leave is at the Committee’s discretion so that the educational process will not be disrupted.

GROUP INSURANCE PLAN

4.1 Blue Cross/Blue Shield is available to employees with the City contributing 87.5 percent effective July 1, 2008.   Employees have the option of joining health maintenance organization plans offered to other City employees with the City contributing 89 percent effective July 1, 2008 unless at a future time City employees receive a higher contribution percentage.

$ 15,000 Life Insurance Coverage:   Employees have the option of buying additional insurance in increments of $ 5,000 up to but not exceeding their annual salary.

Any claim or disputes concerning eligibility for or payment of benefits under this Article shall be determined in accordance with the applicable insurance policies and contracts and shall not be subject to the grievance and arbitration procedures herein.

PROTECTION

5.1 Paraprofessionals/aides will immediately report all cases of assault suffered in connection with their employment.   Written reports of any assaults will be made to the principal of the employee’s school, or in his/her absence, to the superintendent.

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

DUES AND OTHER DEDUCTIONS

6.1 The Committee agrees to deduct from the salaries of paraprofessionals/aides who have on file with the Committee an executed current Dues Deduction Authorization Card, dues for the Waltham Educators Association, Massachusetts Teachers’ Association, and the National Education Association and to transmit the monies to the Waltham Educators Association Treasurer.   Dues will be deducted from year to year unless and until the paraprofessional/non-instructional aide gives sixty (60) days written notice of withdrawal of such authorization to the Association Treasurer.

6.2 Deduction referred to in Section 20.1 above will be made in equal payments in amounts certified by the Association Treasurer as being the regular membership dues of the Association, the Massachusetts Teachers’ Association, and the National Education Association..

6.3  In accordance with the provisions of General Laws, Chapter 150E, Section 12, and the General Laws, Chapter 180, Section 17G, the Committee shall deduct an Agency Fee from each paraprofessional/aide who is not a member of the Association and to transmit the monies to the Waltham Educators Association Treasurer.   Dues will be deducted from year to year unless and until the teachers gives sixty (60) days written notice of withdrawal of such authorization to the Association Treasurer.

6.4 AGENCY FEE

The amount to be withheld by the Committee as an Agency Fee shall be proportionately commensurate with the cost of collective bargaining and contract administration.   The Agency Fee shall be deducted after December 31 of the current school year.

6.5 The amounts deducted will be submitted to the Association Treasurer as soon as is reasonably possible after the issuance of the paychecks from which the deductions were taken.

6.6  The provisions of this Article XX shall be subject to the requirements of Section 17C of Chapter 180 of the General Laws including the requirement that the Treasurer of the City of Waltham, Massachusetts, shall be satisfied by such evidence as he/she may require that the Association Treasurer has given to the Association a bond, in a form approved by the Commission of Corporations and Taxation, for the faithful performance of his/her duties, in the sum and with such surety or sureties as are satisfactory to the Treasurer of the City of Waltham.

6.7  The Committee will deduct from the salary of a paraprofessional/aide payments pursuant to an approved tax sheltered annuity program and deductions for savings in an approved savings institution, provided that such deduction has been so authorized in writing by the paraprofessional/aide.

6.8 The City will deduct premiums for Disability Income Insurance of employees who authorize the same in writing provided that there is no cost or liability to the City.   Any deductions missed because of no pay will be the responsibility of the employee.   The City will provide the vendors designated by the union with the names of employees from whom deductions were made along with total deductions, but assume no other responsibility.

RIGHTS OF THE COMMITTEE

7.1 Except to the extent that there is contained in this Agreement an express and specific provision to the contrary, all the authority, power, rights, jurisdiction, responsibilities and duties that have been or may hereafter be granted by the law to the Committee are retained by and reserved exclusively to the Committee.   No such authority, power, rights, jurisdiction, responsibilities or duties shall be deemed waived or modified unless the waiver of modification is in writing and signed by the Committee with respect to such reserved rights and responsibilities, other than as there are specific provisions and directions to the contrary contained elsewhere in this Agreement, shall be subject to grievance and arbitration;   nor action reserved to the final decision and/or sole discretion of the School Committee and/or superintendent as elsewhere contained in this Agreement, be subject to the grievance and arbitration provisions of this Agreement.

CONTINUITY OF OPERATIONS

8.1 The Association agrees that no Association officer, Association representative or aide shall engage in, induce or encourage any strike (whether sympathetic, general, or of any other kind), walkout, work stoppage, sit down, slow down, withholding of services, boycott (whether direct or indirect), concerted absences or resignations or any other direct or indirect interference with the operations of the Waltham School System.

The Committee agrees not to conduct a lockout.

8.2 A violation of the Article by any paraprofessional/aide may be cause for disciplinary action, including one or more of such disciplinary actions as suspension without pay, dismissal or demotion.   Such disciplinary action imposed by the principal and/or superintendent shall be subject to the grievance and arbitration provisions of this Agreement only as to the question of whether or not the paraprofessionals/non-instructional aides who were disciplined in fact participated in, encouraged or were responsible for such violation.

8.3 In the event of a violation of this Article, the Committee or the Association, as the case may be, may at its option institute any or all proceedings in court of law or equity.

GENERAL

9.1 The Association will be provided with copies of approved minutes of official Committee meetings.   A copy of the official agenda of the meeting will be given to the Association prior to any such meeting.

9.2  If any Article or Section of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if the compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, as set forth above, the parties affected shall enter into immediate collective bargaining upon request of either party for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of invalidity or restraint.

9.3  This Agreement constitutes Committee policy for the term of said Agreement, and the Committee and the Association will carry out the commitments contained herein and give them full force and effect as Committee policy, except to the extent that such may be impossible.   The Committee will amend its administrative regulations and take action as may be necessary in order to give full force and effect to the provisions of this Agreement.

9.4 The terms of this Agreement are not applicable to any employee included within the bargaining unit while engaged in after-school teaching, coaching, tutorial, federal, and/or summer programs; and except for compensation for intramural and extra-curricular activities.

9.5  No employee who has completed three full years of service will be discharged, disciplined, reprimanded or reduced in compensation without just cause; just cause including, but not being limited to, inefficiency, incapacity, conduct unbecoming such employee, insubordination, refusal to sign a CORI request or serious criminal offense.   The determination as to whether just cause exists is not subject to the grievance or arbitration process, nor does the inclusion of this language grant any statutory right to arbitration.   The sole method of appealing such a determination is by appeal to the superintendent.   The superintendent’s decision for no appeal is final and binding and not subject to grievance or arbitration.

GRIEVANCE PROCEDURE

10.1   Any grievance by paraprofessionals claiming that the City violated the provisions of Appendix B shall be processed in accordance with the steps and requirements in levels 1-3 of the teacher grievance procedure except that level 1 grievances shall be presented only to the principal.

10.2 In the event the Association elects to submit a grievance to arbitration, the arbitrator shall be selected according to, and shall be governed by, the procedure contained in this article.

Arbitration is limited to the above mentioned articles of the Paraprofessionals’/ Non-Instructional Aides’ contract.

10.3 For a grievance to be subject to arbitration hereunder, the Association must refer the grievance to the American Arbitration Association within ten (10) calendar days after written notice of intention to arbitrate has been received by the Committee.   The arbitrator shall be selected in accordance with the rules then pertaining to the American Arbitration Association applicable to labor arbitrations.   Any arbitration hereunder, shall be conducted in accordance with such rules, subject to the provisions of this Agreement.   The parties shall share equally in the compensation and the expenses of the arbitrator.

10.4 The function of the arbitrator is to determine the interpretation and the application of specific provisions of this Agreement.   There shall be no right in arbitration to obtain and no arbitrator shall have any authority or power to award or determine, any change in, modification or alteration of, addition to, or detraction from, any of the provisions of this Agreement.   No arbitrator shall have any authority or power to make any settlement retroactive beyond fifteen (15) calendar days prior to the date on which the grievance was first presented in Level One hereof.   Unless the parties agree otherwise, each grievance shall be separately processed in any arbitration proceedings hereunder.   The arbitrator shall furnish his/her opinion in writing specifying the reasons for his/her decision.   The decision of the arbitrator, if within the scope of his/her authority and power under this Agreement, shall be final and binding upon the parties.

11.1 Paraprofessionals/Non-instructional Aides will be notified whether or not they will be re-employed as soon as practicable and under normal circumstances by June 1.   Specific assignments will be finalized by the first Monday of the student calendar, if possible.

EVALUATIONS

12.1 Paraprofessionals/Non-Instructional Aides will receive a written evaluation at the end of the school year from their immediate supervisor or building principal.

SALARIES

13.1  Employees shall have the option of being paid in 26 or 22 equal installments (i.e. in terms of gross pay) according to the provisions listed as a) to c) below.   If the 26 installment option is in effect, an employee who chooses that option shall be entitled to receive on the last day of June any unpaid installments due and payable during July and August, provided such employee so requests at least one (1) month prior to such last pay day.   The first pay day shall be the second Friday after the first day of school.

a)   Employees shall express their option for the following contract year in writing by the preceding June 1, or on the date of hire, and this option cannot then be changed for that contract year.

b)   At least 100 employees for any given contract year must opt for each of the alternatives.   In the event that fewer than 100 employees opt for either alternative, the entire bargaining unit will be paid according to the alternative which the majority has chosen.

c)   The first payday under either option shall be no later than the third week of September.

WORKSHOPS

13.2 Paraprofessionals/Non-Instructional Aides may participate in professional development opportunities offered to other staff during non-instructional hours, except during instructional hours when directed by the principal or director.

WORK HOURS

14.1 The days and hours of work for Paraprofessionals/Non-Instructional Aides will be identical to that of teachers in the schools to which they are assigned unless the employee is informed in writing of the differences.   In such a situation, the total hours per day will not exceed the total required of said teachers.   They shall be afforded a daily, duty-free thirty (30) minute lunch period.

14.2 When a paraprofessional or non-instructional aide is assigned to cover a class, she/he shall be compensated at the rate of $10 per period, $40 maximum per day. Payment shall be on a monthly basis.   Such assignment shall be voluntary and shall only be in the class to which they are ordinarily assigned, if no substitute teacher is available.   Coverage for staff who must leave for part of the day (attending a funeral, emergency departure, e.g.) shall be a professional courtesy to a colleague and not subject to this article.

NO OTHER PROVISIONS OF ARTICLES IN THE TEACHERS CONTRACT ARE APPLICABLE.

APPENDIX C: SIDE LETTERS

A. SIDE LETTER ON GRADUATE COURSE FUNDS

1.   In each year of this contract, $ 70,000 will be transferred from the Training Funds and earmarked for staff reimbursements.

2.   Reimbursements will be limited to graduate level courses taken in order to obtain professional licensure and to those required to renew their professional licenses (i.e. teachers, nurses).and paraprofessionals taking courses recommended and/or approved by their immediate supervisor and the superintendent.

3.    Staff intending to take these graduate level courses from an accredited college or university will:

4.   In each year of the contract, $ 70,000 will be earmarked for Graduate course reimbursement so long as the state per pupil formula for Waltham for professional development has not been reduced or so long as the enrollment in Waltham has not been reduced by more than 100 students.

B. SIDE LETTER ON PERFORMANCE EVALUATION INSTRUMENT

The Instrument negotiated for September 1996, including Guidelines and Forms A, B, and C will continue in effect.

C. SIDE LETTER ON RELICENSURE

1.   Whereas the Massachusetts Board of Education adopted changes to the relicensure regulations, the parties hereby agree to the following procedures:

2.   Each teacher and nurse shall submit an Individual Professional Development

3.   Plan (IPDP) to his/her principal or designated supervisor prior to June 30. Thereafter, each IPDP shall be reviewed at least every two years. The second two year review shall take place no later than one year prior to the expiration of the

4.   teacher’s/nurse’s license.

5.   Each school/department shall be provided on an annual basis with a copy of

6.   the District’s Professional Development Plan and the School Improvement Plan within seven days of approval by the School Committee, but in no event later than

7.   June 30. These plans do not contain course offerings. Sufficient copies of the plans will be provided to the school/department so as to allow all teachers convenient access to copies of the plans.

8.    The principal or designated supervisor shall be responsible for approving the IPDP of assigned staff.

9.   If a dispute arises as to any aspect of the IPDP, the reason for said refusal shall be set forth in writing to the teacher/nurse

10. If a principal or designated supervisor refuses to approve an IPDP, the reason for said refusal shall be set forth in writing to the teacher/nurse.

11. Approval of an IPDP shall not be unreasonably withheld.

12. A staff member on leave of absence or a newly hired staff member shall be granted three (3) months from the date of return or hire to obtain approval of his/her IPDP.

13. Educators who were issued professional licenses between October 1, 1994 and June 17, 1999 are not required to obtain either initial approval or final endorsement of their IPDP’s.

14. In the event that educators are no longer required, by regulation or statute, to obtain supervisory approval of an IPDP, this agreement shall become null and void.

15. Denial of approval is not subject to arbitration, but is appealable to the School Committee and the Department of Education.

D. SIDE LETTER ON INCLUSION CLASSES

Pursuant to Massachusetts General Laws, Chapter 71 B, special needs students shall be placed, “to the maximum extent appropriate”, in the “least restrictive environment.”   To facilitate this, the following provisions will apply in the Waltham Public Schools:

1.   Staff training --   Annually, the Special Education Director shall provide training for staff (teachers and/or paraprofessionals) who in their normal professional responsibilities must provide services to special needs students.

2.   Student Grading – Grading of special needs student work shall be the responsibility of the child’s regular education teacher but may require collaboration with special education staff.   However, modifications in grading or instructional techniques that are contained in special needs students’ written individualized educational plans must be followed.

3.   Performance Evaluation of Staff -- Contractual procedures for performance evaluation of teachers and paraprofessionals will be utilized.   For teachers, goals and expectations will be spelled out clearly in writing and will reflect their responsibilities to special needs students.

4.   Shared Planning Time -- All teachers of special needs students will have at least one planning period per week blocked for shared planning time, whenever the principal determines that it is reasonable to do so.   When it is not reasonable, the principal will meet with the staff members to address the scheduling problem.

5.   Teacher in Charge – In those classes in which both a regular education and a special education teacher is assigned, in the event that one is absent, the teacher in attendance will be in charge of the class and the substitute teacher will assist.   If a special education paraprofessional is assigned to the class and the regular education teacher is absent, the substitute teacher will be in charge of the class and the paraprofessional will assist.

APPENDIX D:   STIPENDS 2012-13

BASEBALL

 

Freshman Coach

2087

JV Coach

3032

Honors Orchestra-Elem/MS

1600

Head Coach

4517

ICE HOCKEY-GIRLS

 

Freshman Coach

2087

Honors Wind Ensemble-MS

875

JV Coach

3032

Head Coach

4517

SWIMMING-BOYS/GIRLS

 

Jazz Band-High School

875

Freshman Coach

2087

Asst. Head Coach

3169

Head Coach

3798

Jazz Band-Elem/Middle

875

BASKETBALL-BOYS

 

INDOOR TRACK-BOYS

 

Asst. Head Coach

2087

Music Express-High School

2000

Head Coach

4517

Head Coach

4517

Asst. Coach (diving)

2087

Music Unlimited

3000

JV Coach

3032

Asst. Coach

2904

TENNIS

 

Percussion Ensemble-HS

965

Freshman Coach

2087

INDOOR TRACK-GIRLS

 

Head Coach-Boys

3255

GEN. ADMINISTRATION

 

Coach-Kennedy Middle

1424

Head Coach

4517

Head Coach-Girls

3255

Math Olympiad

4784

Coach-McDevitt Middle

1424

Asst. Coach

2904

VOLLEYBALL-GIRLS

 

Mentoring Coord. (6-12)

4500

BASKETBALL-GIRLS

 

LACROSSE-BOYS

 

Head Coach

4421

Mentoring Coord. (K-5)

4500

Head Coach

4517

Head Coach

4517

JV Coach

2845

Mentor 1st year

700

JV Coach

3032

JV Coach

3032

Freshman Coach

2087

Mentor 2nd year

500

Freshman Coach

2087

Freshman Coach

2087

WEIGHT ROOM

 

Admin Mentor

800

Coach-Kennedy Middle

1424

LACROSSE-GIRLS

 

Supervisor

8414

Honors Orchestra-Elem/MS

1600

Coach-McDevitt Middle

1424

Head Coach

4517

WRESTLING

 

HIGH SCHOOL

 

CHEERLEADING ADV.

 

JV Coach

3032

Head Coach

4517

Nat’l Honor Soc. Advisor

1339

Advisor-Basketball

1634

Freshman Coach

2087

JV Coach

3032

Grade 9 Transition Mentor

2000

Advisor-Football

1634

OUTDOOR TRACK-BOYS

 

Freshman Coach

2087

Literary Magazine Advisor

1148

CROSS COUNTRY BOYS/GIR

LS

Head Coach

4517

TICKETS & OPERATIONS

 

Student Council Advisor

1148

Head Coach

3771

Asst. Coach

2904

Asst. P.A. System Set-up

35/game

Media After School Prog.

1339

FIELD HOCKEY

 

OUTDOOR TRACK-GIRLS

 

P.A. Announcer

55/game

Treas/Fund Raising Coord.

1676

Head Coach

4517

Head Coach

4517

Game Staff

46.35/game

TV Studio/Cable Advisor

3497

JV Coach

3032

Asst. Coach

2904

Game Manager (soccer)

40/game

Yearbook Advisor

1148

Freshman Coach

2087

SKIING BOYS/GIRLS

 

Scoreboard Operator/Timer

40/game

Summer School Director

2492

FOOTBALL

 

Head Coach

3798

Ticket Manager

998

MIDDLE SCHOOL

6200

Head Coach

8523

SOCCER-BOYS

 

Ticket Sellers/Takers (total)

50.50/game

Nat’l Jr. Honor Soc.-KMS

1000

Top Assistant Coach

4117

Head Coach

4517

FINE ARTS

 

Nat’l Jr. Honor Soc.-McD

1000

JV Coach (4 each)

3715

JV Coach

3032

Art Club

600

Student Cncl. Advisor-KMS

1000

Fr. Coach (2 each)

2462

Freshman Coach

2087

Art Exhibit

1400

Student Cncl. Advisor-McD

1000

GOLF

 

SOCCER-GIRLS

 

Drama Coachers (total)

18,450

Yearbook Advisor-KMS

1000

Head Coach

3255

Head Coach

4517

Band Director-High School

1400

Yearbook Advisor-McD

1000

ICE HOCKEY-BOYS

 

JV Coach

3032

Chorus-Kennedy Middle

500

EVENING SCHOOL-throug

h 6/30/11

Head Coach

4517

Freshman Coach

2087

Chorus-McDevitt Middle

500

Director

6154

Asst. Head Coach

3169

SOFTBALL

 

Honors Band-Elem/Middle

1600

Adult Civic Supervisor

2535

JV Coach

2582

Head Coach

4517

Honors Chorus-Middle

875

 

 

Footnotes:   1. The Association will be notified in advance of the Committee creating additional stipend positions.

2.  Stipend positions are determined by a vote of the Committee.

3. Stipend positions are not subject to grievance procedures.

4.  In the event that the Committee changes stipend amounts during the duration of this agreement an updated Appendix D will be provided.

Course Reimbursement Request Form

Teacher’s Name: _________________________________________________

School: _________________________________________________________

I would like to request reimbursement for the following graduate level class:

Course Name and number: _________________________________________

Institution offering Graduate Credit: __________________________________

Date that course starts (mm/dd/yy): ___________________________________

Date that course ends: ______________________________________________

Cost for course:       $_______________________________________________

Provide a brief description of the course:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Upon completion of the course, you must submit:

1)   Proof of attendance in the form of a transcript showing a grade of B or better

2)   Proof of payment in the form of a receipt

Reimbursements are processed in December, March and June (at the end of each month). Please be patient while reimbursements are processed.