Ware

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DistrictWare
Shared Contract District
Org Code3090000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersPathfinder RVTSD
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communityrural economic centers
Number of Schools3
Enrollment1309
Percent Low Income Students51
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Contract is made this

 

 

 

 

 

AGREEMENT

 

 

 

BETWEEN THE

 

 

 

WARE TEACHERS ASSOCIATION

 

 

 

AND

 

 

WARE SCHOOL COMMITTEE

 

 

 

JULY 1, 2012

 

TO

 

JUNE 30, 2015

 

 

 

 

 

 

 

 

 

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Contract is made this 1st day of July, 2012 by the School Committee of the Town of Ware (hereinafter referred to as the Committee) and the Ware Teachers Association (hereinafter referred to as the Association).

 

Article I

 

RECOGNITION

 

For the purpose of collective bargaining in accordance with Chapter 150E (with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment), the negotiation of collective bargaining agreements, and any questions arising thereunder, the Committee recognizes the Ware Teachers Association as the exclusive bargaining agent and representative of all teachers, guidance counselors, school adjustment counselors, speech therapists, school psychologists, library media specialists and registered nurses employed by the Ware School Committee, but excluding all other employees of the Ware School Committee.

 

Only those provisions of the Agreement which expressly reference “nurses” or “employees” shall apply to Nurses.

 

Article II

 

PREAMBLE

 

Recognizing that our prime purpose is to provide education of the highest possible quality for the children of Ware, and that good morale within the staff of the public schools of Ware is essential to the achievement of that purpose, we the undersigned parties to this Contract, declare that:

 

     1.   Under the laws of Massachusetts, the Committee, elected by the citizens of Ware, has final responsi­bility for establishing the education policies of the public schools of Ware;

 

     2.   The Superintendent of Schools of Ware (hereinafter referred to as the Superintendent) has responsibil­ity for implementing the policies so established;

 

3.      All members of the bargaining unit have the responsibility for following the educational policies of the Committee and providing in the classrooms of the schools, education of the highest possible quality. 

 

     4.   Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Com­mittee, the Superintendent, and the teaching staff in the formu­lation and application of policies in accordance with Chapter 150E, and so;

 

     5.   To give effect to these declarations, the following prin­ciples and procedures are hereby adopted.

 

Article III

 

GRIEVANCE PROCEDURE

 

Section 1 - Definition of a Grievance

 

A grievance is defined as a claim of an alleged violation in­volving the meaning, interpretation, or application of this contract.  Any matter which is not specifically covered by the provisions of this Agreement shall not be the subject of a grievance.

 

A grievance shall be in written form containing the name(s) of the aggrieved employee(s), the facts underlying the grievance, the con­tract provision(s) allegedly violated and the remedy requested.

 

Section 2 - Time Limits

 

A.   All time limits set forth below shall be considered maxi­mum and shall include all calendar days.

 

B.   Failure to file a timely grievance within the time period set forth below shall constitute a waiver of the grievance.  Fail­ure at any level of the grievance procedure to appeal within the specified time limits shall be considered accep­tance by the Association and the employee(s) of the decision rendered.

 

C.   Failure at any level of the grievance procedure to process the grievance by the Employer within the specified time limits, shall permit the employee and the Association to proceed to the next level.

 

D.   The time limits in this Article may be extended only by mutual written agreement between the Committee or its designee and the Association.

 

 

Section 3 - Grievance Levels

 

The parties may mutually agree as to the appropriate level at which a grievance may be initiated.

    

Level One - An employee may present a grievance in writing on a form mutually agreed to by the Committee and the Association, to his/her principal either directly or through the Association within  thirty (30) calendar days of the date of the occurrence giving rise to the grievance or the date any employee affected by the occurrence rea­sonably should have known of it, whichever is later.  Within ten (10) calendar days of receipt of the grievance, the principal shall respond in writing to the grievance.

 

Level Two - In the event the grievance is not resolved at level one, the employee(s) and/or the Association may, within ten (10) calendar days of the receipt of the principal's answer at level one, submit the written grievance to the Superintendent of Schools. The Superintendent shall schedule a meeting on the grievance with the employee(s) and/or the Association's representative within ten (10) calendar days of receipt of the grievance.  Within ten (10) calendar days after the meeting, the Superintendent shall submit a written answer to the grievance.

 

Level Three - In the event the grievance is not resolved at level two, the employee(s) and/or the Association may, within ten (10) calendar days of receipt of the Superintendent's answer at level two, submit the written grievance to the Committee.  The Committee shall schedule a meeting on the grievance with the employee(s) and/or the Association's repre­sentative within ten (10) calendar days of receipt of the grievance.  Within ten (10) calendar days after the meeting, the Committee or its designee shall submit a written answer to the grievance.

    

Level Four - In the event the grievance is not resolved at level three, the Association may submit the grievance to final and bind­ing arbitration by filing a demand for arbitra­tion with the American Arbitration Association within thirty (30) calendar days after receipt of the Commit­tee's answer at level three.

 

The parties agree to follow the procedures of the American Arbitration Association for the selection of the arbitrator, and the conduct of the arbitration hearing.

 

The jurisdiction of the arbitrator shall be limited to the inter­pretation and application of the terms of the Agreement.  The arbi­trator shall have no authority to alter, modify or amend this Agreement nor shall the arbitrator substitute his/her judgment for that of the Employer on any matter within the Employer's discre­tion.  The arbitrator shall issue a written decision and simultane­ously send his/her decision to the parties within thirty (30) cal­endar days after the hearing or receiving briefs (if any) whichever is later.  The decision of the arbitrator, within the scope of his/her jurisdiction, shall be final and binding on the Committee, the Association, and the employee(s) provided such decision does not impair, infringe or derogate from the exclusive power and duties given to the Committee under the law.

 

The fees of the arbitrator shall be shared equally by the parties provided that the obligation of the Commit­tee to pay anything other than its own expenses shall be limited to the obligation which the Committee can legally undertake in that connection.  A party requesting an extension of time, a cancellation, a withdrawal or a postponement shall pay the entire fee, if any, associated with such a request.  In no event shall any present or future member of the Committee have any per­sonal obligation for any payment under any provisions of this Agreement.

 

Section 4 - Direct Presentation of Grievances

 

Any employee covered by this Contract may present any grievance directly to his/her employer  [by following the steps enumerated in Section 3 (levels one through three) above] and have such griev­ance heard without intervention by the Association provided the disposi­tion, if any, of the grievance shall be consistent with the provi­sions of this con­tract; and if the Association so desires, it shall be per­mitted to be present at each level of the procedure under which a grievance shall be considered and state the views of the Association.

 

No employee shall have the right to file for arbitration of any matter.  The Association and the Committee retain the ex­clu­sive right to proceed to arbitration.

 

Section 5 - Committee Grievances

 

If the Committee has a grievance against the Association on the basis that the Association is not abiding by the terms of this Agreement, the Committee may file a grievance by fol­lowing the procedure set forth in section three of this Article.  The griev­ance shall be presented at the first level to the local Association President.  At level two, the grievance shall be presented to the Professional Rights and Responsibilities Committee or its designee.  At level three, the grievance shall be presented to the WTA Execu­tive Board.  Thereafter, the Committee may demand arbi­tration pur­suant to the provisions of Section 3 of this Article.

 

Section 6

 

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

 

Article IV

 

JUST CAUSE

 

No employee shall be reprimanded either orally or in writing, dis­ciplined or demoted except for just cause.  However, demotion or removal of Department Heads will be governed exclusively by Article XX.

 

A teacher with professional status shall not be dismissed except for inefficiency, incompetency, incapacity, conduct unbecoming a teacher, insubordination, or failure on the part of the teacher to satisfy teacher performance standards or other just cause.  In determining whether the district has proven grounds for dismissal, the arbitrator shall consider the best interests of the pupils in the district and the need for elevation of performance standards.

Except as provided in M.G.L. c. 71, § 42, teachers without profes­sional status shall be deemed employees at will.

 

Article V

 

HOURS OF WORK

 

A.      All full-time employees in the elementary and middle school must report to school at least fifteen (15) minutes prior to the first bell and remain a minimum of fifteen (15) minutes after the last bell.  All full time employees at the high school must report to school at least ten (10) minutes prior to the student reporting time and remain a minimum of ten (10) minutes after student dismissal.

 

At the high school, part time employees will report ten (10) minutes before their first duty and remain at least ten (10) minutes after their last scheduled duty; at the middle and elementary schools, part time employees will report fifteen (15) minutes before and remain at least fifteen (15) minutes after their last scheduled duties.

 

Teachers will have their pay deducted if they do not report to work as scheduled, in accordance with the current process.

    

B.   It is recognized that in order to fulfill their professional responsibilities, it may be necessary for personnel covered by this Contract to stay beyond the normal working day performing such duties as giving make-up work, providing disciplinary measures, meeting with parents, meeting with professional col­leagues to discuss students, and other good reasons.  Each employee covered by this Agreement shall work one (1) hour per week performing such duties.

 

It is recognized that in order to fulfill their professional responsibilities, it may be necessary for nursing personnel covered by this Contract to stay beyond the normal working day performing such duties as rendering necessary medical care, completing student medical/health records, completing reports, attending staff meetings, attending meetings with parents, meeting with professional colleagues to discuss students, and for other good reasons.

 

In addition, all staff covered by this Agreement may be required to attend mandatory IEP Team Meetings 504 meetings, Student Assistance Team Meetings, and Crisis Team Meetings.  All staff who participate in such meetings outside the scheduled workday will be compensated for a minimum of one (1) hour, at the rate of thirty dollars ($30) per hour effective July 1, 2012; thirty-one dollars ($31) per hour effective July 1, 2013; and thirty-two ($32) per hour effective July 1, 2014, with additional time pro-rated at one-quarter (1/4) hour intervals.

 

C.   The Superintendent may extend an employee's work year if out­standing reports, marks, and other normal end of year duties are not completed satisfactorily.

 

D.      Recognizing that a teacher's primary function is to teach, the normal work day for all regular, full-time teachers shall be a minimum of six and three quarter (6.75) hours, which shall include the time specified in Article V, Section A.  Each regular, full-time employee, excluding Guidance Counselors, Library Media Specialist, School Psychologists, and Nurses, shall have the equivalent of a continuous forty (40) minute preparation period per day, plus sixty (60) minutes of additional preparation time per week.  In addition, each teacher shall have a duty-free lunch period of twenty-two (22) minutes.  The Library Media Specialist shall have two (2) fifteen (15) minute breaks, one in the first half of the day and one in the second half of the day.

 

The Lead/Charge Nurse shall work at least seven and one half (7.5) hours per work day as assigned, excluding a thirty (30) minute lunch period.  The other Nurses shall work at least six and three quarter (6.75) hours per day as assigned, excluding a thirty (30) minute lunch period.

 

     Teachers will collect money as they presently do and teachers who exercise due care in handling of such monies shall not be held responsible for loss of such monies.

 

E.   Release time, excepting elementary recesses and lunch period at all schools, shall be used constructively for educational purposes.  (Examples of educational purposes are:  planning of lessons, preparation of audiovisual aids, correcting tests, etc.).  The aforementioned examples are not meant to restrict the creative professional teacher from utilizing this time wisely in any manner which will improve the quality of his/her performance or program and, thereby, hopefully improve service to children.  Teachers will not use release time to perform duties related to extra-duty assignments for which they receive additional compensation.

 

F.   The administration will hold no more than two (2) teachers' meetings per month except in the case of emergencies which will be determined by the Superintendent of Schools.  School nurses shall be required to attend staff meetings as directed by each Building Principal.

 

G.   The administration shall make a reasonable effort to provide coverage for extra duty assignments in the absence of a sub­stitute for a clinical teacher.  A reasonable effort will be made by the Committee to provide a substitute in the event of an absence of a nurse.

 

     Reasonable effort will be made to provide substitutes in the absence of professional staff.

 

H.      No teacher shall be required to perform substitute duty during preparation periods; however, a teacher may volunteer for such duty.

 

 

Article VI

ADDITIONAL DUTIES

 

A.   The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his/her energies should be utilized to this end.  The Committee and the Asso­ciation acknowledge that a school nurse’s primary responsibil­ity is to provide school nursing services and that his/her energies should be utilized to this end.

 

B.   Additional duties shall be assigned on a rotating basis, as equitably as possible, among all members of the bargaining unit.  Every effort will be made to hold the assignment of additional duties to teachers to a minimum.

 

C.   Additional duties as referred to in this contract shall in­clude, but not be limited to:  bus duty, recess, playground, cafeteria, corridor duty, bathroom duties and other non-teach­ing duties as assigned by the Principal or his/her de­signee.

 

D.   All employees will be given a duty free lunch period.

 

E.   In case of emergency during the time before and/or after school as well as at lunch and recess time, employees may be assigned where needed; such as, bathroom, corridor, and other areas as long as opening and closing times remain the same and there is no endangerment of personnel.

 

Article VII

 

REDUCTIONS IN STAFF

 

This Article only applies to teachers with professional teachers status.  In the event it becomes necessary to reduce the number of em­ployees included in the bargaining unit defined in Article I, "RECOGNI­TION", the Committee will take into consideration length of serv­ice, ability, certification and qualifications; and when all fac­tors that consti­tute ability, certification and qualifications are relatively equal, length of continuous service shall prevail.  In cases involving employees who have identical seniority, preference for retention or re­call shall be given to the employee who has achieved the high­est level of training.  No teacher with profes­sional status shall be laid off pursuant to a reduction in force or reorga­niza­tion if there is a teacher without such status for whose position the covered employee is currently certified.  No teacher with pro­fessional status shall be displaced by a more senior teacher with professional status unless the more se­nior teacher is currently qualified pursuant to M.G.L. c. 71, § 38G for the junior teacher's position.

 

"Seniority" means an employee’s continuous length of service in years, months and days in the bargaining unit.  Employees shall be credited for seniority purposes with all time spent on any leave of absence provided for under Article X of this Agreement.  Teachers shall be notified in writing on or before June 15 whenever such person is not to be employed for the following school year due to a reduction in force or reorganization.

 

Employees who have been laid-off shall be entitled to recall rights for a period of time equal to the length of continuous service on the effective date of their respective layoffs, but under no cir­cumstances more than two (2) years.

    

The recall period shall commence on the first calendar day after the last day which the employee worked during the school year.

 

During the recall period, employees shall be notified by certified mail to their last address of record, and will have fifteen (15) calendar days to accept or reject such position by certified mail and will be given preference for positions as they develop in inverse order of their respective layoff and all benefits to which an employee was entitled at the time of layoff shall be restored in full upon re-employment within the recall period.  During the recall period teachers who have been laid-off shall be given every consideration for substitute work if they so desire.

 

On October 1st of each year, the administration shall provide the Association with current seniority lists for both teachers and registered nurses.  If the Association believes the seniority lists to be inaccurate in any respect, it can challenge the seniority lists through the grievance procedure out­lined in Article III.

 

Article VIII

 

VACANCIES, PROMOTIONS, ASSIGNMENTS

 

A.   VACANCIES AND PROMOTIONS

 

     1.   All vacancies in full-time and promotional positions shall be posted in the office and teachers’ lounge(s) of each school; such notices shall include the qualifi­ca­tions for the position and, so far as has been estab­lished, the salary and a description of the duties of the position.

 

          During school vacation periods, including summer vacation, notice of such vacancies will be posted on the District’s website. 

 

     2.   Such notice shall be posted as far in advance as practi­cable, ordinarily at least fifteen (15) days before the final date when applications must be sub­mitted and in no event less than five (5) school days before such date.

 

3.   Employees who desire to apply for such vacancies shall submit their applications in writing to the Superinten­dent in accordance with the conditions specified.

 

     4.   The primary factor in filling such vacancies shall be the best interests of the school system with due weight given to the qualifications, abilities, cer­tification, profes­sional background, quality of experience, attainments, length of ser­vice with Ware Public Schools, and other relevant factors.

 

     5.   For purposes of notification, guidance counselors shall be considered a promotional position.

 

B.   ASSIGNMENTS

 

     Should a teacher wish to be considered for transfer to any grade, subject, or area other than the grade, subject, or area he/she is currently assigned, he/she will so notify the Super­intendent in writing, and if other factors are substantially equal shall be given preference.  Should a nurse wish to be considered for transfer to any school other than the school to which he/she is assigned, the nurse shall notify the Superin­tendent in writing, and if other factors are substantially equal, shall be given preference.  The decision of the administration, under this Section, shall be final and binding and not sub­ject to either the grievance or arbitration procedure, unless the above action is taken in an arbitrary or capricious manner.

 

C.   TRANSFERS

 

     Upon request, a teacher, who has applied for and been denied a transfer or is the subject of an involuntary transfer or change of assignment, will be granted a meeting with the administrator(s) who made the decision, in order to discuss the reason for said action.  Said meeting will be held within five (5) working days of the request.

 

D.   Every effort will be made to notify teachers of their anticipated teaching assignments, including schedules and class lists, prior to the last day of the school year.

 

Article IX

 

WORK YEAR

 

A.  The employee work year shall consist of the following:

 

     1.   One hundred eighty (180) pupil days with the last day to be a half day provided time on learning requirements are met;

 

     2.   Two (2) days prior to the first pupil day;

 

     3.   One (1) day after the last pupil day; and

 

     4.   Two (2) curriculum/professional development days as scheduled by the Super­in­tendent or his/her designee.

    

B.   Posting of Starting and Dismissal Times - The official start­ing and dismissal time will be posted on the bulletin board of each school and the main office of each building.

 

C.   Early Release Days - The parties agree that three (3) early release days will be scheduled each school year.  On early release days, teachers will be free to leave the high school ten (10) minutes and the middle and elementary school fifteen (15) minutes following the dismissal of students.

 

D.   After School/Evening Meetings - One (1) early release day will be scheduled to accommodate an evening open house of approximately two (2) hours duration.  Teachers will be required to attend this open house.   In consideration of early release on the other two (2) early release days, teachers will choose two (2) late afternoon/evening/Saturday activities from a menu of activities approved annually by the Superintendent, and each Building Principal.  Teachers will receive an approved list of possible activities for each building, and the number of teachers sought for each activity, no later than October 1 of each school year.  Examples of such activities will include a second open house, PTO meetings (two meetings will equal one obligation), sports banquets, high school graduation, national honor society, senior banquet, junior/senior prom, book fair, concert, gym night, Title 1 night, Math night, School Council, and elementary and middle school parent conferences.  Teacher preferences will be honored to the extent possible.

 

E.      Early Release - On Fridays and days prior to scheduled vaca­tions, teachers will be permitted to leave school immediately after the stu­dents are dismissed and the buses have left school grounds.  Nurses will also be permitted to such early release unless there is a medical situation which requires their presence.

 

F.   Summer School - If a teacher's attendance at summer school is scheduled prior to the end of the teacher's work year, he/she may be released at the discretion of the Superintendent in order to begin such attendance.  For days granted for such purposes, the teacher will be paid the difference between his/her pay and that of a substitute.

 

G.   Authorized Curriculum Development Group Work – Teachers, who volunteer to write and revise curriculum and who perform such work outside their regular work day or work year as authorized in advance by Administration, will be paid at the rate of thirty dollars ($30) per hour effective July 1, 2012; thirty-one dollars ($31) per hour effective July 1, 2013; and thirty-two dollars ($32) per hour effective July 1, 2014, subject to a maximum hours limit per project which may be established by the Administra­tion.  The Administration shall record the hours each partici­pant spends on such work and such work shall be paid in accor­dance with the payroll schedule.  No compensation, beyond nor­mal salary, shall be paid for curriculum development work per­formed during a teacher’s work day.  Teachers must produce and submit acceptable work product as a condition precedent to any payment.

 

H.   Guidance Counselors - High School Guidance Counselors shall work up to ten (10) days beyond the teacher work year at the discretion of the Admini­stration.  They shall be compensated at their per-diem rate of pay.  The ten (10) additional days shall occur before and after the school year.

 

I.      Authorized Tutoring – Teachers who volunteer and are assigned to tutor students outside the regular work day or work year as authorized in advance by the Administration shall be paid thirty dollars ($30) per hour effective July 1, 2012; thirty-one dollars ($31) per hour effective July 1, 2013; and thirty-two dollars ($32) per hour effective July 1, 2014.  Teachers shall record tutoring hours on a daily basis to be submitted weekly and to be paid in accordance with the payroll schedule.

 

Article X

 

LEAVES OF ABSENCE

 

A.   SICK LEAVE

 

     All regular employees will earn up to fifteen (15) sick days per full year of actual work.  Sick leave shall be cumu­lative up to a maximum of one hundred eighty (180) days.  The Committee reserves the right to make exceptions in cases of unusual merit.

 

     Sick leave shall only be used when an employee is medically too ill to perform his/her duties due to a bona fide non-occupational injury or illness or when the em­ployee is needed to care for a spouse, significant other, child, or parent with a serious health condition pursuant to the FAMILY MEDICAL LEAVE ACT.  Employees will be required to submit medical documentation when out on sick leave over three (3) consecutive working days.

 

     Employees will be granted up to ten (10) days per year in the event of serious illness requiring bedside or household atten­tion to the employee's spouse or child.  These days are to be taken from personal sick leave days and will not be cumulative for this purpose, [ten (10) days per year, non-cumulative].

 

     Employees who abuse sick leave shall be subject to dis­cipli­nary action up to and including discharge.

    

B.   WORKER’S COMPENSATION

    

     Employees who are disabled from work due to a personal injury (caused by an accident or assault) arising out of and in the course of the employee’s legal and proper performance of duty shall receive the difference between the employee’s full sal­ary and payments received under Chapter 152 of the Massachusetts General laws without the loss of sick leave days.

         

     Employees shall not continue to accrue benefits other than seniority while absent from work due to a work related illness or injury.

 

C.   FAMILY MEDICAL LEAVE ACT

 

     An employee, who has worked for the Ware School District for at least twelve (12) months and who has performed at least one thousand, two hundred fifty (1250) hours of work during the year preceding the commencement of the leave, may be eligible for up to twelve (12) weeks of leave during a twelve (12) month period pursuant to the Family Medical Leave Act for the following purposes:

 

     -    birth of the employee's child;

     -    placement of a child with the employee for adoption or foster care;

     -    when the employee is needed to care for the employee's parent, spouse, significant other, or child with a serious health condition; or

     -    when the employee has a serious health condition which renders the employee unable to perform the es­sential duties of the employee's job.

 

     This leave shall be without pay except that employees must use all accrued personal time and all sick time, to the extent permissible under Section A of this Article, during the leave.

 

     Employees shall submit all requests for leave on an ap­proved form with accompanying medical documentation on an approved form as far in advance of the leave as pos­sible and not less than thirty (30) days before the first day of leave requested when such leave is foresee­able.

 

The special rules affect the taking of intermittent leave or leave on a reduced leave schedule, or leave near the end of an academic term (semester), by “instructional employees.”  Those rules are specified in the Department of Labor’s final regula­tions under the FMLA.  29 C.F.R. § 825.600 et seq. 

 

     The twelve (12) month period for calculating leave will be a twelve (12) month rolling period computed backwards to the date leave is used.

 

     The Town shall continue to pay its portion of the employee's group health premium during the approved leave period unless the employee declines such coverage, fails to pay the employee's portion of the premium in a timely fashion, or notifies the employer that he/she will not return from leave.

 

     Leave of absence and medical certification forms are available from the Central Office of the School Department.

 

D.   PERSONAL LEAVE

 

     Employees will be authorized the following temporary leaves of absence with pay each school year:

 

     1.   Two (2) days Leave of Absence for personal business mat­ters that cannot be taken care of other than during school hours provided that, except in emergency situa­tions, forty-eight (48) hours advance notice be given to the Superintendent.  One unused personal day may be carried over to the succeeding school year, to a maximum of three (3) days.

 

     2.   Except in emergency situations, the first or last working day of the week as well as the work day preceding or fol­lowing school vacations or a vacation day shall be granted at the discretion of the Superintendent.  The Superintendent will not withhold such leave unless there are an excessively high number of employees applying for these days.

 

E.   RELIGIOUS LEAVE

 

     An employee may, upon written request and with the advance approval of the Superintendent or his designee, be granted, as a reasonable accommodation to members of any religious denomi­nation, paid religious leave.  The leave may be granted pro­vided that the religious beliefs or the employee’s denomina­tion hold that the day is to be a day of rest or that atten­dance at religious services is required during working hours on that day.

 

     The leave request must be submitted in writing to the Superin­tendent with a copy to the building principal as far in advance as pos­sible, but not less than fourteen (14) calendar days prior to the start of the requested leave.  The Superin­tendent shall respond to religious leave re­quests within seven (7) calendar days of receipt of the request form.

 

 

 

F.   FUNERAL LEAVE

 

     Employees will receive up to five (5) days with pay at any one time in the event of death of an employee's spouse, child, par­ent, brother, or sister.  Employees will receive up to three (3) days with pay for death of mother-in-law or father-in-law, grandmother or grandfather; one (1) day with pay for death of brother-in-law or sister-in-law.  Employees will be allowed one (1) day with pay per school year to attend the funeral of a person not listed in this section.

 

Leaves taken pursuant to this paragraph shall be in addition to any sick leave to which the employee is entitled.  No employee will be required to arrange for his/her own substi­tute.

 

     This provision shall in no way preclude the Superintendent from granting additional temporary leaves with pay.

 

G.   PROFESSIONAL LEAVE

 

Employees may apply for one (1) pro­fessional day per year for educational activities ap­proved by the building principal.  Employees shall submit professional day requests in writing to the building principal with a copy to the Superintendent at least four­teen (14) calendar days in advance.  The building principal shall respond to such requests within seven (7) calendar days of receipt of the request form.

         

     Upon completion of the educational activity, the employee shall submit documentation establishing that the employee suc­cess­fully completed the course or program.

 

     The Superintendent may authorize additional profes­sional days at his discretion.

 

H.   MATERNITY LEAVE

 

     Pursuant to M.G.L. c. 149, § 105D, a female employee who has been employed full-time by the Committee for at least three (3) consecutive months and who is absent from such employment for a period not ex­ceeding eight (8) weeks for the purpose of giving birth or for adopting a child under the age of eighteen (18) or for adopting a child under the age of twenty-three (23) if the child is mentally or physically disabled, said period to be hereinafter called maternity leave, and who shall give at least two (2) weeks written notice to the Super­inten­dent with a copy to the building principal of her anticipated date of departure and in­tention to return, shall be restored to her previous, or a similar position with the same status, pay, length of service credit and seniority, wherever applica­ble, as of the date of her leave.  Maternity leave shall nor­mally be without pay, however, an employee on maternity leave who is disabled and who presents proper medical certifi­cation that she is disabled shall be entitled to use ac­crued sick leave.

 

     The Committee shall not be required to restore an employee on maternity leave to her previous or a similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other changes in oper­ating conditions affecting employment during the period of such maternity leave.

     Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, ad­vance­ment, sen­iority, length of service credit, bene­fits, plans or programs for which she was eligible at the date of her leave, however, such benefits shall not accrue during the period of maternity leave; and pro­vided, further, that the Employer need not pro­vide for the cost of any benefits, plans, or programs during the period of maternity leave unless such Employer so pro­vides for all employees on a leave of absence.

 

     Leave used under this Section shall be counted towards an employee's twelve (12) week leave period under Section C of this Article.

 

I.   SABBATICAL LEAVE

 

     Upon recommendation of the Superintendent, one (1) sabbatical leave may be granted for study or travel (for purposes, which in the opinion of the Committee, will benefit the system) to a member of the staff subject only to the following conditions:

 

     1.   Requests for sabbatical leave for a FULL YEAR will be submitted in writing to the Superintendent on or before February 15, and action must be taken on all such requests no later than April 1 of the school year preced­ing the school year for which the sab­batical leave is requested.  Requests for sabbatical leave for a HALF YEAR will be submitted in writing by February 15, for the fall semester, to be acted on by April 1 or June 15, for the spring semester, to be acted on by August 1 of the school year pre­ceding.

 

          The teacher must submit a detailed plan of how the sab­batical will be used, courses involved, etc., and how it will benefit the Ware School System and our students.

 

     2.   The Teacher has completed seven (7) years of ser­vice in the Ware School system.

 

     3.   Upon his/her return to the Ware School System, the teacher will be placed on the salary schedule one step above the step the teacher was on during the school year preceding the sabbatical leave.

 

     4.   The teacher will agree to return to the employment in the Ware School System for one (1) full year in the event of a semester's leave or two (2) full years in the event of a year's leave.

 

     5.   All benefits to which a teacher was entitled at the time of his/her leave shall be continued as if he/she were actively on duty and upon his/her return will be assigned to the same teaching position he/she held prior to the leave whenever possible.  The teacher will be entitled to one-half (½) pay and insurance payments will be as per Article XIV – "INSURANCE".

 

J.   CATASTROPHIC LEAVE BANK

 

     Upon the execution of this contract, the School District shall estab­lish a catastrophic leave bank.  The purpose of the bank is to provide a limited extension of sick leave up to a maxi­mum of thirty (30) working days for a regular, full-time employee who suffers a bona fide catastrophic illness as deter­mined by the Superintendent.    

         

Newly hired employees in the Dis­trict shall contribute one (1) sick day to the sick leave bank upon commencement of their second year of employment in the District.  An employee may, at his/her own discretion, contrib­ute up to three (3) addi­tional days of accrued sick leave per year to the catastrophic leave bank.  The maximum number of work days accumulating in the catastrophic leave bank shall not exceed three (3) times the number of regular, full-time bargaining unit employees.   

         

Any unused days remaining in the catastrophic leave bank at the end of a school year shall remain in the bank and shall accumulate from year to year within the limit established in the third paragraph of this Article [three (3) times the num­ber of regular, full-time bargaining unit employees].

 

Should the number of days in the catastrophic leave bank reach the level of thirty (30) days or less, then each regular, full-time bargaining unit employee shall be assessed one (1) day of accrued sick leave as of the first day of the next cal­endar month.  In the event that an employee has no accrued sick days at the time of the assessment, that employee shall be assessed the amount of days owing on the following Septem­ber 1.

         

     The Superintendent or his designee shall administer the pro­gram and de­termine eligibility.  Employees claiming or receiv­ing worker's compensation are not eligible for catastrophic leave under this Article.  Before applying for benefits from the bank, employees must ex­haust their own accrued sick leave and must have been absent from work due to the catastrophic illness for a period of at least twenty-five (25) consecutive working days.

         

     No more than three (3) employees shall be eligible for leave from the Catastrophic Leave Bank within a school year.  Any regular, full-time employees desiring to be con­sidered for catastrophic leave benefits must file a written appli­cation on a form available from the Central Office along with such sup­porting medical documentation as the Superintendent may require.  If an employee is granted catastrophic leave bene­fits, the employee shall provide updated medical reports as required by the Superintendent.

 

K.   SPECIAL LEAVE

    

     Nothing in Article X shall preclude the Committee or its des­ignee from granting, in its sole discretion, a special leave of absence with or without pay in emergency sit­uations or in cases of extreme per­sonal hardship.

 

Article XI

 

DRUG FREE WORKPLACE POLICY

 

A.    The School Committee hereby notifies employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Ware Public Schools. Violation of such prohibition can lead to dismissal.

B.     An ongoing drug-free awareness program is established to inform employees about:

·         The dangers of drug abuse in the workplace;

·         The Ware Public School’s policy of maintaining a drug-free workplace;

·         Any available drug counseling, rehabilitation and employee assistance programs; and

·         The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

C.     As a condition of continuing employment, employees will:

·         Abide by the terms of this policy; and

·         Notify the Ware Public Schools in writing of any criminal drug statute conviction no later than five (5) calendar days after such conviction.

D.    The School District will notify the agency granting funds to the School District, in writing, within ten (l0) calendar days after receiving notice under sub-paragraph C from an employee employed on said grant or otherwise receiving actual notice of such conviction.

E.     The School District will take one of the following actions, within thirty (30) calendar days of receiving notice under sub-paragraph(3), with respect to any employee who is convicted:

·         Taking appropriate personnel action against such an employee, up to and including termination; or

·         Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by the federal, state or local health, law enforcement or other appropriate agency.

F.      Each employee will be given a copy of this policy annually.

 

Article XII

 

PROFESSIONAL GROWTH

 

The following shall be subject to such qualifications, credits and/or otherwise as the Committee shall require in accordance with this Contract.

    

A.   The School Committee, upon evidence of successful completion of graduate courses, shall reimburse teachers and nurses for the actual cost of tuition and fees, to a maximum of two hundred ($200) dollars per earned graduate credit.  To qualify for reimbursement each teacher must submit a request for approval to the Superintendent including the cost of the course.  Such courses must in the judgment of the Superintendent meet the needs of the system, and courses must be approved in advance by the Superintendent of Schools.  Payment under this section shall be limited to $25,000 per year.

    

     At the end of each fiscal year, each teacher who has submitted evidence of successful completion of a course or courses, along with evidence of actual payment made, will receive reimbursement for actual expenditures for tuition and fees under this article.  If the total amount sought exceeds the $25,000 cap, each teacher will receive his/her pro rata share for (1)course completed during that fiscal year.  If funds remain after each applicant has been reimbursed for one course, pro rate reimbursement may be made for a second course, and so on until funds for the year have been exhausted.  Reimbursement will be made for the current year only. 

 

B.   Any course used for movement on the salary schedule must be approved in advance by the Superintendent.  Effective September 1, 2000, a Master’s Degree must be earned from a college or university before any courses can be taken or credits earned for salary schedule credits beyond the Master’s Degree.

 

     C.   If a teacher gains college credit after having signed this contract, prior to teaching experience within the system, he or she will be given credit for the credits earned providing the courses were taken during the semes­ter immediately preceding the date when employment begins.

 

     D.   When an employee reaches an advanced degree or level, the employee will receive the differential provided by the appropriate salary schedule.  It will be the responsibil­ity of the individual employee to see that his/her per­sonnel file is kept up to date.  In order to obtain horizontal movement on a sal­ary schedule, an employee must have documentation that the requisite credit(s) have been earned on record in the Central Office by September 1 to be eligible for the full salary column increase (horizontal advancement on the salary schedule) and by January 1 for a pro-rated salary column increase.

 

          Credit for salary purposes will not be given unless legi­ble, certified evidence of earned credits is on file.

 

     E.   The Committee agrees to offer a minimum of one (1) teacher in-service workshop or extension course annually.  Such commitment would not necessarily entail payment of tuition of participants.  Such activity may be designed to provide partial or com­plete satisfaction of the requirement listed in Article XII, Section A, Paragraph 1 above as approved by the Superintendent.  The nature and type of work­shops and/or courses shall be planned by the Professional Development Advisory Committee with equal representation from each school building.  These plans will be submitted in advance to the Superintendent and the Ware Teach­ers’ Asso­ciation President or designee.  Enrollment in said work­shops and/or extension courses shall be voluntary.

 

     F.   Each nurse will be entitled to the sum of one hundred and fifty dollars ($150) to be used for continuing education and professional development.  Nurses will also be entitled to an annual uniform allowance in the amount of one hundred and fifty dollars ($150).

 

     G.   It is the responsibility of the employee to keep his/her personnel file up to date for all reasons to include pro­fessional growth.

 

Article XII-A

 

PROFESSIONAL DEVELOPMENT ADVISORY COMMITTEE

 

Effective with the ratification of this Agreement, the Parties agree to establish a Professional Development Advisory Committee for making recommendations with regard to professional development for bargaining unit members.  The Committee will consist of representatives from the Elementary School, the Middle School and the High School and of non-classroom-based specialists selected by the Association and representatives of the Administration and/or School Committee.  The Professional Development Advisory Committee will evaluate and make recommendations to the Superintendent regarding professional development issues.  Administration may authorize release time for Advisory Committee members as it deems appropriate.

 

 

 

 

Article XIII

 

DEDUCTIONS, AGENCY FEE & DIRECT DEPOSIT

 

DEDUCTIONS:

The Committee agrees to deduct over a ten (10) month period, twice monthly, dues for membership in W.T.A., N.E.A., M.T.A. if requested and in accordance with Chapter 180, Section 17C of the General Laws as amended from time to time.  Also, twice monthly (ten [10] month year) deductions for M.T.A.  Credit Union and Tax-Sheltered Annuity if requested.  In addition, Life Insurance, Blue Cross/Blue Shield, and Washington National Insurance to be deducted once per month (ten [10] month year).  Deductions for the W.T.A., M.T.A., and N.E.A. dues will be forwarded to the W.T.A. Treasurer who shall be bonded.

 

AGENCY FEE:

The Ware School Committee will respect the position of the Ware

Teachers Association/MTA/NEA as the sole and exclusive

bargaining agent of all bargaining unit employees on matters of

wages, hours, and terms and conditions of employment.  The

parties therefore agree that:

 

  A. Effective during the period commencing September 1, 1989 or thirty (30) days following the commencement of employment, whichever comes later, each employee who does not elect to become a member of the Association, will, in accordance with M.G.L. Chapter 150E, Section 12, be required to pay a service fee equal to the cost of collective bargaining and contract administration to the Ware Teachers Association as a condition of his /her continued employment in the District.  In accordance with M.G.L. Chapter 150E, Section 12, payroll deduction in equal installments will be available to employees who so authorize for payment of the service fee.

 

  1. Any employee who fails to pay the service fee, or to authorize payroll deduction for payment of the fee, in lieu of dues to the exclusive bargaining agent will be subject to legal action by the Ware Teachers Association for collection of said fee.  Any judgment against such an employee by a forum of competent jurisdiction shall include payment of the Association’s costs and reasonable attorneys’ fees.  The Ware Teachers Association will be solely responsible for enforcing the provisions of this Section.  The Committee will not be responsible to enforce any provision of the Section.

 

  1. The Ware Teachers Association will indemnify, defend and hold harmless the Committee against any and all claims, actions, or lawsuits of any kind or description, whether at law or in equity, and whether based on statute, constitution or common law, made or instituted against the Committee or its agents, employees or administrators, resulting from this Section.  Specifically, the Ware Teachers Association will have no right of action by way of contribution, counterclaim, or other basis against the Committee.  Should any administrative agency or court of competent jurisdiction find the Committee liable for any damages as a result of this Section, the Ware Teachers Association will pay any and all of those damages, including interest and charges. 

 

  1.  If any court or competent jurisdiction determines that any part of this Section 1, 2, or 3, is unconstitutional, in violation of statute, or otherwise unenforceable, all of the other parts of this 1, 2, and 3, will be null and void.

 

  1. The service fee shall be calculated in accordance with the provisions of the M.G.L. Chapter 150E, Section 12, and applicable state and federal constitutional law. Payment of said fee will not entitle the fee payer to be a member in good standing with the Ware Teachers Association.

 

DIRECT DEPOSIT:

 

Direct deposit of payroll shall be made available to all bar­gaining unit members provided acceptable arrangements can be made between the bank(s) and the Town Treasurer.  Employees desir­ing to util­ize direct deposit shall complete the paperwork neces­sary to effectuate the process including the hold harmless language contained in the Ware Public Schools Direct Deposit Form dated September 20, 1995.  Complaints or disputes arising out of direct deposit issues shall not be subject to the grievance procedure or the arbitration proc­ess.

 

 

 

 

 

 

 

Article XIV

 

INSURANCE

 

Each employee covered by this Agreement will be eligible for an individual or family indemnity qualified health insurance plan offered by Blue Cross/Blue Shield Master Medical or comparable benefit to that for fiscal year 2005.  At his or her option, the employee may elect an individual or family HMO plan or comparable plan commencing in fiscal year 2005. 

 

Effective June 1, 2006 employees shall pay fifteen percent (15%) of the premium for the plan they select.  Effective June 1, 2007, employees on the HMO plan shall contribute twenty percent (20%) and employees on the indemnity plan shall contribute twenty-five percent (25%) of the premium.

 

Effective July 1, 2008, a PPO plan may be added as an additional option to the Master Medical and HMO plans already available to employees.  Employees will contribute 25% of the PPO premium.  Effective July 1, 2011 through June 30, 2012 (see attached marked “A” and “B”).

 

Article XV

 

PAST PRACTICES

 

Except as this Contract shall otherwise provide, all past practices applicable to the parties of this Contract on the effective date of this Contract shall continue to be so applicable.  As stated by Arbitrator, Jules J. Justin:  "In the absence of a written agree­ment 'past practice' to be binding on both Parties, must be, (1) unequivocal; (2) clearly enunciated and acted upon; (3) readily ascertainable over a reasonable period of time as a fixed and established practice accepted by both Parties."

Article XVI

 

RIGHTS AND OBLIGATIONS OF SCHOOL COMMITTEE

 

A.   Except where modified by provisions of this Contract, it is agreed that the Committee, through its designated administra­tive representatives, is vested with and retains the right to direct its employees, to hire, promote, transfer, assign and retain employees within the Ware School System, and to sus­pend, demote, discharge, or take other disciplinary action against employees in accordance with Article IV, to relieve non-tenured employees from duty at the end of a school year for legitimate reasons, to maintain the efficiency of the opera­tions entrusted to it, to determine the methods, means and personnel by which such operations are to be conducted, to establish curricula and to take whatever action may be necessary to carry out its mission of providing a quality educa­tional program for the children and youth of Ware.

 

B.   The School District has the right to promulgate reasonable rules and regulations pertaining to the employees covered by this Agree­ment.  It is acknowledged that this right is vested exclu­sively in the School District so long as the rules and regulations do not specifically conflict with any specific term or condi­tion of this Agreement.

 

C.   The School District retains all the rights vested in it by the Gen­eral Laws of the Commonwealth of Massachusetts.  Anything in this Contract that is contrary to said rights shall be deemed null and void.

 

D.   Nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty conferred upon the School District by statute or any rule or regulation of any agency of the Commonwealth.  As to every matter not specifi­cally men­tioned or provided for in this Agreement, the Commit­tee retains all the powers, rights, and duties that it has by law and may exercise the same at its discretion without any such exercise being made the subject of a grievance or arbi­tration proceeding hereunder.

 

 

 

Article XVII

 

CLASS SIZE

 

Consistent with the availability of classrooms, funds, and compe­tent professional personnel, an average class size of twenty-five (25) pupils will be maintained whenever possible.

 

A similar effort will be made to ensure that no secondary teacher will be required to teach more than two (2) subjects.

 

 

 

 

 

 

Article XVIII

 

GENERAL

 

A.   SIGN IN/SIGN OUT

 

     On a daily basis, each employee shall sign in and record the time upon reporting for work.

 

     If an employee has reason to leave the building during the work day, the employee shall, immediately prior to leaving the building, sign out, record the time and state the reason for leaving the building.  The employee shall sign back in and rec­ord the time immediately upon returning to the building.

 

     Each employee shall sign out and record the time immedi­ately prior to leaving the building for the day.

 

     The documentation shall be maintained on a form pre­pared by the Employer and shall be kept in the Principal's Office in each building.

 

B.   POLICY PROHIBITING USE OF TOBACCO PRODUCTS:

 

     There shall be no smoking or use of tobacco products by employees within school buildings, in school facilities, on the school grounds or on school buses.

 

     Employees who violate this policy will subject them­selves to disciplinary action up to and including dis­charge.

 

 

Article XIX

 

WAGES

 

A.   Teacher Salary Schedule - See attached - Appendix A

         

     Effective September 1, 2000, a Masters’ Degree must be earned from a College or University before any courses can be taken     and credits earned for salary schedule credits beyond the     Masters’ Degree column.

 

     Employees who were paid at the BA+36 level as of June 23, 1994     shall be red-circled.

 

B.      Nurse Salary Schedule – See attached – Appendix B

 

The Lead/Charge Nurse shall receive a one thousand dollar ($1,000) annual stipend in addition to the wages set forth in the Wage Schedule.

 

Those Nurses who earn a Bachelor of Science Degree in Nursing (BSN) and who are fully certified/licensed in school nursing by the Department of Elementary and Secondary Education, shall be paid in accordance with the teachers' salary schedule and shall receive longevity compensation in accordance with the teachers' provision for longevity.

 

All school nurses on the payroll as of July 1, 2005, who were not placed on the teachers salary schedule, were, as a result of the negotiations leading to the settlement of the 2005-2008 collective bargaining agreement, placed on at least the first step of the teachers salary schedule that provided a wage increase over  their placement on the nurses salary schedule, and shall advance annually thereafter.

 

C.      Extra-Duty Schedule - See attached - Appendix C

 

D.      Department Head Schedule – See attached – Appendix D

 

E.      All employees employed in the Ware School System shall be placed on the proper salary step according to their number of years of experience gained in this system or any other system.

    

     An employee must perform actual working duties for ninety-four     (94) working days in order to be credited a step on the salary     schedule for the following year.  Teachers on waivers shall not receive steps.

 

F.   The School District reserves the right to evaluate prior employment experiences and/or availability and qualifications of personnel, in order to set the initial step level of any incoming employee.

 

G.   Longevity

 

     Teachers, who have reached the top of the scale and have completed the required years of service in the Ware Public Schools, shall be paid longevity pay in accordance with the following scale:

 

 

     1.   End of 12-15 years . . . . . . . . . . . . $250

     2.   End of 16-20 years . . . . . . . . . . . . $500

     3.   End of 20-25 years . . . . . . . . . . . . $875

     4.   End of 25-29 years . . . . . . . . . . . . $1050

     5.   End of 29+ years . . . . . . . . . . . . . $1250

    

 

H.   All employees will be paid in twenty-one (21) equal install­ments during the year.  This also includes all deductions.  However, staff should be aware that they can submit a written request to the Central Office to have a portion of the proceeds of their paycheck split out and deposited in a separate, personal direct deposit account.  This money then can be accessed at the end of the school year in a lump sum, or via periodic withdrawals over the summer (simulating a regular paycheck) or at any other time which their designated bank allows.  By utilizing this avenue, teachers could obtain a regular and consistent pay stream over a twenty-six (26) pay period and would be in charge of their own pay during the summer months, rather than having it administered by the School District.  Employee by August 1 of each year must notify the Business Office whether they desire to be paid in twenty-one (21) equal installments, or in twenty-six (26) equal installments, with the option of a lump sum pay for the summer months.

 

I.   Mileage at the rate equal to that approved for the municipal employees shall be reimbursable to all personnel who use their own car for trips sanctioned by the Superintendent.

 

 

Article XX

 

DEPARTMENT HEADS

 

A Department Head who has served in that position in the Ware Pub­lic Schools for at least three (3) consecutive years, shall not be dismissed or demoted except for good cause.

 

Any disagreement arising over assignment duties of department heads shall be resolved by the following procedure:

 

A.   The department chairperson or one (1) department chair­person, acting as a representative, will meet with the Principal within five (5) days after the notification of the disagree­ment, to resolve the problem.

 

B.   If the problem is not resolved by Step One above, the Principal at the request of the department chairper­son or the representative will schedule a meeting between the Superintendent and the department head(s) involved, within ten (10) school days fol­lowing the request for Step Two. 

 

 

Article XXI

 

MENTORING

 

New Teacher Induction Program

 

A.   Evaluative information developed as a result of an individual teachers’ participation in the New Teacher Induction Program will be shared with the teacher for his/her information and professional development only.  It will not be shared with the administration of the Ware Public Schools, nor will it be used in any personnel decision regarding any teacher, including but not limited to decisions regarding appointment, reappointment, transfer, assignment or reassignment or the decision to grant or not to grant professional teacher status.

 

B.   Mentor teachers will be compensated at the rate of $600, effective July 1, 2012 if one mentee is assigned and $850 if two mentees are assigned.  Amounts to be prorated for a partial year. 

 

 

Article XXII

 

NO STRIKE

 

The parties hereto agree that there shall be no strikes of any kind whatsoever; work stoppages; slow-downs; or interferences or inter­rup­tions with the efficiency or operations of the School System by any employees or the Association; and there shall be no lock-outs by the Employer.

 

Nor shall there be any strike or interruption of work during the term of this Agreement because of any disputes or disagreements between any other persons (or other Employers or Unions) who are not signatory parties to this Agreement.

 

Any employee who violates the terms of this Article shall be sub­ject to discharge.

 

Article XXIII

 

VOIDABLE WAIVER CLAUSE

 

The withholding or failure by either party to exercise any of its rights recognized or reserved by this Agreement shall not be deemed a waiver of such recognized or reserved rights in the future and shall not constitute a modification of this Agreement.

 

Article XXIV

 

SAVINGS CLAUSE

 

If any provision of this Agreement is or shall at any time be determined by a court of competent jurisdiction to be contrary to law, then such provision shall not be appli­cable or performed or enforced, except to the ex­tent permitted by law and substitute action shall be subject to appropriate consultation and negotiation with the Association.

 

In the event that any provision of this Agreement is or shall be contrary to law, all other provisions of this Agreement shall con­tinue in effect.

 

 

Article XXV

 

DURATION

 

This contract will take effect once ratified by both parties.  This con­tract will expire at midnight on June 30, 2015.  This

contract shall be retroactive for wage purposes only to July 1, 2011, subject to the provisions of Article XIX.

 

 

 

Article XXVI

 

INFORMATION

 

The School District agrees to make available to the Ware Teachers’ Association President a copy of the School Committee agenda along with all public attachments.

 

 

 

 

 

 

SCHOOL COMMITTEE OF WARE

 

 

                                                              

 

                                                              

 

                                                              

 

                                                              

 

                                                              

 

 

 

                             WARE TEACHERS’ ASSOCIATION

 

 

                             By                     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A – WARE SCHOOL TEACHER SALARY SCHEDULE

 

WORK YR

 

July 1, 2012 - June 30, 2013

2%

 

B

B15

B36

M

M15

M30

M45

1

$42,245

$43,764

$44,776

$44,776

$46,057

$47,082

$48,855

2

$43,884

$44,904

$46,182

$46,182

$47,209

$48,723

$50,085

3

$45,417

$46,443

$47,712

$47,712

$48,991

$50,252

$51,521

4

$46,939

$47,959

$49,484

$49,484

$50,506

$51,777

$53,304

5

$48,723

$49,742

$51,013

$51,013

$52,033

$53,563

$54,830

6

$50,376

$51,396

$52,922

$52,922

$53,936

$55,210

$56,484

7

$51,901

$53,184

$54,451

$54,451

$55,464

$56,736

$58,264

8

$54,192

$55,210

$56,486

$56,486

$57,755

$59,034

$60,305

9

$56,488

$57,258

$58,773

$58,773

$59,790

$61,061

$62,589

10

$58,784

$59,301

$61,059

$61,059

$61,833

$63,340

$64,622

11

$61,746

$62,247

$63,343

$63,343

$63,890

$65,078

$66,667

12

$0

$0

$66,292

$66,292

$66,701

$67,991

$69,223

13

$0

$0

$0

$0

$0

$71,751

$72,933

 

 

WORK YR

 

July 1, 2013 - June 30, 2014

2%

 

B

B15

B36

M

M15

M30

M45

1

$43,090

$44,639

$45,671

$45,671

$46,978

$48,024

$49,832

2

$44,762

$45,803

$47,105

$47,105

$48,153

$49,698

$51,087

3

$46,325

$47,371

$48,666

$48,666

$49,970

$51,257

$52,552

4

$47,878

$48,919

$50,474

$50,474

$51,516

$52,813

$54,370

5

$49,698

$50,737

$52,034

$52,034

$53,074

$54,635

$55,927

6

$51,383

$52,424

$53,980

$53,980

$55,014

$56,314

$57,613

7

$52,939

$54,247

$55,540

$55,540

$56,573

$57,871

$59,430

8

$55,275

$56,314

$57,615

$57,615

$58,911

$60,214

$61,512

9

$57,617

$58,403

$59,949

$59,949

$60,986

$62,283

$63,841

10

$59,959

$60,487

$62,280

$62,280

$63,070

$64,607

$65,915

11

$62,981

$63,491

$64,610

$64,610

$65,168

$66,380

$68,001

12

$0

$0

$67,618

$67,618

$68,035

$69,351

$70,608

13

$0

$0

$0

$0

$0

$73,186

$74,392

 

WORK YR

 

July 1, 2014 - June 30, 2015

2%

 

B

B15

B36

M

M15

M30

M45

1

$43,952

$45,532

$46,585

$46,585

$47,918

$48,984

$50,829

2

$45,657

$46,719

$48,047

$48,047

$49,116

$50,692

$52,108

3

$47,251

$48,319

$49,639

$49,639

$50,970

$52,283

$53,603

4

$48,836

$49,897

$51,483

$51,483

$52,547

$53,869

$55,458

5

$50,692

$51,752

$53,074

$53,074

$54,135

$55,727

$57,045

6

$52,411

$53,472

$55,060

$55,060

$56,115

$57,440

$58,765

7

$53,997

$55,332

$56,650

$56,650

$57,704

$59,029

$60,618

8

$56,381

$57,440

$58,768

$58,768

$60,089

$61,418

$62,742

9

$58,770

$59,571

$61,148

$61,148

$62,206

$63,528

$65,118

10

$61,158

$61,697

$63,526

$63,526

$64,331

$65,899

$67,233

11

$64,240

$64,761

$65,902

$65,902

$66,471

$67,707

$69,361

12

$0

$0

$68,970

$68,970

$69,396

$70,738

$72,020

13

$0

$0

$0

$0

$0

$74,650

$75,880

 

 

APPENDIX B – WARE SCHOOL NURSES SALARY SCHEDULE

 

 

 

Work Year

 

July 1, 2012 - June 30, 2013

 

 

RN

BSN

MSN

 

1

$36,464

$37,901

$39,395

 

2

$37,183

$39,395

$40,951

 

3

$37,914

$40,951

$42,569

 

4

$38,666

$42,569

$44,253

 

5

$39,427

$44,253

$46,001

 

6

$40,203

$46,001

$47,820

 

7

$40,997

$47,820

$49,714

 

8

$41,808

$49,714

$51,680

 

9

$42,633

$51,680

$53,726

 

10

$43,473

$53,726

$55,855

 

11

$45,001

$56,521

$58,737

 

 

 

Work Year

 

July 1, 2013 - June 30, 2014

 

 

RN

BSN

MSN

 

1

$37,193

$38,659

$40,183

 

2

$37,927

$40,183

$41,770

 

3

$38,673

$41,770

$43,420

 

4

$39,439

$43,420

$45,138

 

5

$40,216

$45,138

$46,921

 

6

$41,007

$46,921

$48,776

 

7

$41,817

$48,776

$50,708

 

8

$42,644

$50,708

$52,714

 

9

$43,486

$52,714

$54,801

 

10

$44,343

$54,801

$56,972

 

11

$45,901

$57,652

$59,911

 

 

Work Year

 

July 1, 2014 - June 30, 2015

 

 

RN

BSN

MSN

 

1

$37,937

$39,432

$40,987

 

2

$38,685

$40,987

$42,605

 

3

$39,446

$42,605

$44,288

 

4

$40,228

$44,288

$46,041

 

5

$41,020

$46,041

$47,859

 

6

$41,828

$47,859

$49,752

 

7

$42,653

$49,752

$51,722

 

8

$43,497

$51,722

$53,768

 

9

$44,355

$53,768

$55,897

 

10

$45,230

$55,897

$58,112

 

11

$46,819

$58,805

$61,110

 

 

 

APPENDIX C – WARE EXTRA DUTY SCHEDULE

 

 

 

 

 

POSITION

2012-2013

2013-2014

2014-2015

 

 

 

 

High School

 

 

 

 

 

 

 

Senior Class Advisors (2)

$2,066

$2,107

$2,149

Junior Class Advisors (2)

$1,420

$1,448

$1,477

Sophomore Class Advisors (2)

$1,161

$1,184

$1,208

Freshman Class Advisors (2)

$904

$922

$940

Senior Play Advisor

$2,324

$2,370

$2,417

Student Council Advisor

$3,868

$3,945

$4,024

Yearbook Advisor

$3,868

$3,945

$4,024

Treasurer - Student Funds

$3,226

$3,291

$3,357

Art Activities Director

$1,034

$1,055

$1,076

Music Activities Director

$4,128

$4,210

$4,295

Literary Magazine

$1,291

$1,317

$1,343

Schools Match Wits

$904

$922

$940

 

 

 

 

 

 

 

POSITION

2012-2013

2013-2014

2014-2015

 

 

 

 

Ware Middle School

 

 

 

 

 

 

 

Student Council Advisor

$707

$721

$735

Yearbook Advisor

$707

$721

$735

Extra-Curricular Advisors (4)

$707

$721

$735

Intramural Program Advisor

     (3 seasons)

$588

$599

$611

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2012-2013

 

High School

 

 

 

 

 

 

Step 1

Step 2

Step 3

 

 

 

 

 

Baseball:

Varsity – Boys

$4,013

$4,133

$4,257

 

Junior Varsity - Boys

$2,553

$2,630

$2,708

 

 

 

 

 

Basketball:

Varsity - Boys

$4,013

$4,133

$4,257

 

Junior Varsity – Boys

$2,553

$2,630

$2,708

 

Varsity Girls

$4,013

$4,133

$4,257

 

Junior Varsity - Girls

$2,553

$2,630

$2,708

 

 

 

 

 

Football:

Varsity

$4,742

$4,884

$5,031

 

Assistants(2) or (3)

 

$2,630

$2,708

 

If there are 50 or more students

$2,553

 

 

 

 

 

 

 

Softball:

Varsity Girls

$4,013

$4,133

$4,257

 

Junior Varsity - Girls

$2,553

$2,630

$2,708

 

Cross Country:

 

$2,553

 

 

 

 

 

 

 

Golf:

Varsity

$2,553

$2,630

$2,708

 

Junior Varsity

$1,908

$1,966

$2,025

 

 

 

 

 

Soccer:

Varsity – Boys

$3,648

$3,757

$3,869

 

Junior Varsity – Boys

$2,553

$2,630

$2,708

 

Varsity – Girls

$3,648

$3,757

$3,869

 

Junior Varsity - Girls

$2,553

$2,630

$2,708

 

 

 

 

 

Tennis:

 

TBA

 

 

 

 

 

 

 

Track & Field:

 

$2,553

$2,630

$2,708

 

 

 

 

 

Volleyball:

Varsity – Boys

$2,553

$2,630

$2,708

 

Junior Varsity - Boys

$1,908

$1,966

$2,025

 

Varsity - Girls

$2,553

$2,630

$2,708

 

Junior Varsity - Girls

$1,908

$1,966

$2,025

 

 

 

 

 

Cheerleader Advisor:

 

$2,553

$2,630

$2,708

 

 

 

 

 

Auxiliary Director  -

Color Guard Drill

 

 

 

Team & Majorettes:

 

$1,459

$1,502

$1,547

 

 

 

 

 

Athletic Director:

 

$6,796

$7,000

$7,210

 

 

 

 

 

Athletic Program Manager:

 

$3,398

$3,500

$3,605

 

 

 

* Current employees are grandfathered at their current stipend if the implementation of this provision would result in a reduction received in stipend amount.

 

 

 

 

 

 

 

 

2013-2014

 

High School

 

 

 

 

 

 

Step 1

Step 2

Step 3

 

 

 

 

 

Baseball:

Varsity – Boys

$4,093

$4,216

$4,343

 

Junior Varsity - Boys

$2,604

$2,682

$2,762

 

 

 

 

 

Basketball:

Varsity - Boys

$4,093

$4,216

$4,343

 

Junior Varsity – Boys

$2,604

$2,682

$2,762

 

Varsity Girls

$4,093

$4,216

$4,343

 

Junior Varsity - Girls

$2,604

$2,682

$2,762

 

 

 

 

 

Football:

Varsity

$4,837

$4,981

$5,131

 

Assistants(2) or (3)

 

$2,682

$2,762

 

If there are 50 or more students

$2,604

 

 

 

 

 

 

 

Softball:

Varsity Girls

$4,093

$4,216

$4,343

 

Junior Varsity - Girls

$2,604

$2,682

$2,762

 

Cross Country:

 

$2,604

 

 

 

 

 

 

 

Golf:

Varsity

$2,604

$2,682

$2,762

 

Junior Varsity

$1,947

$2,005

$2,065

 

 

 

 

 

Soccer:

Varsity – Boys

$3,720

$3,832

$3,946

 

Junior Varsity – Boys

$2,604

$2,682

$2,762

 

Varsity – Girls

$3,720

$3,832

$3,946

 

Junior Varsity - Girls

$2,604

$2,682

$2,762

 

 

 

 

 

Tennis:

 

TBA

 

 

 

 

 

 

 

Track & Field:

 

$2,604

$2,682

$2,762

 

 

 

 

 

Volleyball:

Varsity – Boys

$2,604

$2,682

$2,762

 

Junior Varsity - Boys

$1,947

$2,005

$2,065

 

Varsity - Girls

$2,604

$2,682

$2,762

 

Junior Varsity - Girls

$1,947

$2,005

$2,065

 

 

 

 

 

Cheerleader Advisor:

 

$2,604

$2,682

$2,762

 

 

 

 

 

Auxiliary Director   -

Color Guard Drill

 

 

 

Team & Majorettes:

 

$1,488

$1,533

$1,578

 

 

 

 

 

Athletic Director:

 

$6,932

$7,140

$7,355

 

 

 

 

 

Athletic Program Manager:

 

$3,466

$3,570

$3,677

 

* Current employees are grandfathered at their current stipend if the implementation of this provision would result in a reduction received in stipend amount.

 

 

 

 

 

 

 

 

 

2014-2015

 

High School

 

 

 

 

 

 

Step 1

Step 2

Step 3

 

 

 

 

 

Baseball:

Varsity – Boys

$4,175

$4,300

$4,429

 

Junior Varsity - Boys

$2,656

$2,736

$2,818

 

 

 

 

 

Basketball:

Varsity - Boys

$4,175

$4,300

$4,429

 

Junior Varsity – Boys

$2,656

$2,736

$2,818

 

Varsity Girls

$4,175

$4,300

$4,429

 

Junior Varsity - Girls

$2,656

$2,736

$2,818

 

 

 

 

 

Football:

Varsity

$4,934

$5,081

$5,234

 

Assistants(2) or (3)

 

$2,736

$2,818

 

If there are 50 or more students

$2,656

 

 

 

 

 

 

 

Softball:

Varsity Girls

$4,175

$4,300

$4,429

 

Junior Varsity - Girls

$2,656

$2,736

$2,818

 

Cross Country:

 

$2,656

 

 

 

 

 

 

 

Golf:

Varsity

$2,656

$2,736

$2,818

 

Junior Varsity

$1,986

$2,045

$2,106

 

 

 

 

 

Soccer:

Varsity – Boys

$3,795

$3,908

$4,025

 

Junior Varsity – Boys

$2,656

$2,736

$2,818

 

Varsity – Girls

$3,795

$3,908

$4,025

 

Junior Varsity - Girls

$2,656

$2,736

$2,818

 

 

 

 

 

Tennis:

 

TBA

 

 

 

 

 

 

 

Track & Field:

 

$2,656

$2,736

$2,818

 

 

 

 

 

Volleyball:

Varsity – Boys

$2,656

$2,736

$2,818

 

Junior Varsity - Boys

$1,986

$2,045

$2,106

 

Varsity - Girls

$2,656

$2,736

$2,818

 

Junior Varsity - Girls

$1,986

$2,045

$2,106

 

 

 

 

 

Cheerleader Advisor:

 

$2,656

$2,736

$2,818

 

 

 

 

 

Auxiliary Director  -

Color Guard Drill

 

 

 

Team & Majorettes:

 

$1,518

$1,563

$1,610

 

 

 

 

 

Athletic Director:

 

$7,071

$7,283

$7,502

 

 

 

 

 

Athletic Program Manager:

 

$3,535

$3,641

$3,750

 

 

* Current employees are grandfathered at their current stipend if the implementation of this provision would result in a reduction received in stipend amount.

 

 

 

 

 

APPENDIX D – DEPARTMENT HEAD SCHEDULE

 

 

Department Chairpersons

2012-2013

2013-2014

2014-2015

Two (2) persons

 

$1,409

$1,437

$1,466

Three (3) persons

 

$1,683

$1,717

$1,751

Four (4) persons

 

$1,952

$1,991

$2,031

Five (5) persons

 

$2,222

$2,266

$2,311

Six (6) persons

 

$2,492

$2,542

$2,593

Seven (7) persons

 

$2,671

$2,725

$2,779

Eight (8) persons

 

$3,033

$3,094

$3,156

Nine (9) persons

 

$3,302

$3,368

$3,435

Ten (10) persons

 

$3,572

$3,643

$3,716

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX E – TEACHER SUPERVISION AND EVALUATION

 

To be part of the Agreement between Ware Teachers Association (W.T.A.) and Ware School Committee 2011-2012

 

WARE PUBLIC SCHOOLS TEACHER SUPERVISION AND EVALUATION

 

Instrument and Procedures

 

To be attached pages 1-43