Westfield

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DistrictWestfield
Shared Contract District
Org Code3250000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2010
Expired Statusnegotiating
Superintendency Union
Regional HS Members
Vocational HS Members
CountyHampden
ESE RegionPioneer Valley
Urban
Kind of Communityurbanized centers
Number of Schools13
Enrollment6100
Percent Low Income Students30
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Westfield

 

 

 

 

AGREEMENT

 

 

Between

 

 

THE WESTFIELD SCHOOL COMMITTEE

 

 

and

 

 

WESTFIELD EDUCATION ASSOCIATION

MASSACHUSETTS TEACHERS ASSOCIATION

 

 

 

 

 

 

THIS AGREEMENT, is made and entered into this 11th day of June, 2007 by and between the WESTFIELD SCHOOL COMMITTEE (hereinafter referred to as the "Committee") and the WESTFIELD EDUCATION ASSOCIATION-MASSACHUSETTS TEACHERS ASSOCIATION (hereinafter referred to as the "Association")

 


ARTICLE I

RECOGNITION

 

The Committee recognizes the Westfield Education Association-Massachusetts Teachers Association for the purpose of collective bargaining as the exclusive representative of a unit consisting of all classroom teachers, classroom specialists, team leaders, department heads, librarians, coaches, extracurricular personnel, school psychologists, guidance counselors, adjustment counselors, adaptive physical education teachers, diagnostic prescriptive teachers, vocational teachers, summer school teachers, evening school teachers and, federal program teachers, Employment/Placement Coordinator for Home Health Assistants, Speech/Language Therapist, Early Childhood Outreach Worker, Occupational Therapist (Registered), School Nurses and any other professional employees hired by the Committee to perform work of the kind associated with the aforementioned categories of employees and requiring certification or license under M.G.L.A., Ch. 71 Section 38G or other relevant M.G.L.A. and excluding only:

 

Members of Unit B

 

The Superintendent of Schools

 

The Assistant Superintendent of Schools

 

The Administrative Assistants to the Superintendent of Schools

 

Principals, and

 

All Non-Professional Personnel

 

Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "teachers," and references to male teachers will include female teachers.

 

 

ARTICLE II

NEGOTIATION PROCEDURES

 

A.        Not later than eleven (11) months prior to the expiration of this Agreement, the Committee agrees to negotiate with the Association over a successor agreement in accordance with the procedure set forth herein in a good-faith effort to reach agreement concerning teachers' wages, hours and other conditions of their employment.  Such negotiations shall be as intensive as needed to reach agreement or impasse, and will include, but not be limited to, the handling of grievances, salaries, fringe benefits, calendar, teaching hours, and teaching load, specialists, class size, performance of non-teaching duties, teacher facilities, use of school facilities, teaching assignments, transfers, filling of vacancies, promotions, textbooks, summer school and evening school programs, teacher evaluation, indemnification of teachers, sick leave, severance pay, leaves of absence, sabbatical leaves, administrative leaves, personal injury benefits, substitute teachers, teaching materials, professional development and educational development.  Any agreement so negotiated will apply to all teachers, and will be reduced to writing and signed by the Committee and the Association.

 

B.        During negotiations, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counterproposals.  The Committee will make available to the Association for inspection all pertinent records of the Westfield School System.  Pertinent records will be limited to those necessary to the discharge of the Association's statutory role as the exclusive bargaining agent.  Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiation.

 

C.        If the negotiations described in this Article II have reached an impasse, the procedure described in Chapter 150E of the Massachusetts General Laws amended from time to time will be followed.

 

D.        In the event that the Association or the Committee desires to make any proposal the subject matter of which is not covered by the terms of this Agreement, either may submit such proposal in writing to the other and request a meeting.  The Committee and the Association will arrange for a mutually satisfactory time and place for a meeting to negotiate over such proposal within thirty (30) days after receipt of the proposal, unless the Committee and the Association mutually agree to an extension of time for such meeting.  During the initial and subsequent negotiation meetings, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counterproposals.  Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiation.

 

If an agreement is reached, it will be presented as a joint recommendation of the Committee and the Association if the matter is one upon which Committee action is necessary.

 

In the event that no agreement can be reached under any proposal under this Article, such impasse shall not be subject to the procedure set forth in Section C.

 

E.         Before the Committee adopts a change in policy which affects professional functions of an educational nature now being performed by members of the bargaining unit and/or a change in policy which affects (1) wages, (2) hours, or (3) any other condition of employment which is not covered by the terms of this Agreement and which has not been proposed by the Association, the Committee will notify the President of the Association by letter that it is considering such a change.  The Association will have the right to negotiate with the Committee, provided that it files such a request with the Committee within five (5) days after receipt of such notice.

 

F.         Any agreement reached with the Committee will be reduced to writing, will be signed by the Committee and the Association, and will become an addendum to this Agreement.

 

G.        The Committee agrees not to negotiate with any teachers' organization other than that designated as the exclusive bargaining agent pursuant to Chapter 149 and 150 as amended.  The Committee further agrees not to negotiate with any teachers' organization other than the Association in regard to changes in wages, hours, or other conditions of employment to become effective during the term of this Agreement.

 

 

ARTICLE III

GRIEVANCE PROCEDURE

 

A.        Definition - Any claim by the Association or an employee covered by this Agreement that there has been a violation, misinterpretation or misapplication of the terms of this Agreement, a violation of its or his/her right to fair treatment, or violation of any established policy or practice shall be a grievance.

 

B.        Time Limits - All the limits herein shall consist of calendar days.  The number of days indicated at each level should be considered a maximum, and every effort should be made to expedite the process.  Any grievance which is not filed in writing at level one, within forty-five (45) days of the time the grievant knew or should have known of the event or occurrence causing the grievance, will be considered waived.

 

C.        Association Representation - Representation, chosen by the Association, shall be present for any meetings, hearings, appeals, or other proceedings relating to a grievance which has been formally presented.  Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with his supervisor, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and, further, that no teacher shall be required to discuss any grievance except in the meetings provided below and where his representative is present.

 

D.        Procedure - The parties acknowledge that it is usually most desirable for an employee and his supervisor to resolve problems through free and informal communications.  When requested by either party, the Association representative may intervene to assist in this resolution.  However, should such informal processes fail to satisfy the supervisor and the teacher, then a grievance may be processed as follows:

 

Level 1:  If the complaint is not resolved in the informal meetings, then the employee or the Association may present the grievance in writing to the supervisor who will arrange a meeting within ten (10) days.  The Association's representative, the supervisor and the aggrieved teacher shall be present for the meeting.  The supervisor must provide the aggrieved teacher and the Association with a written answer on the grievance within ten (10) days.

 

Level 2:  If the grievance is not resolved in Level 1, then the Association shall refer the grievance to the Superintendent within ten (10) days.  The Superintendent or his designee shall arrange for a meeting with the Association's representative(s) and the aggrieved employee, within ten (10) days of his receipt of the appeal in an effort to resolve the grievance.  The Superintendent or his designee must provide the aggrieved teacher and the Association with a written answer on the grievance within ten (10) days.

 

Level 3:  If the grievance is not resolved in Level 2, or the Level 2 time limits expire without the issuance of the Superintendent's written answer, a meeting will be held between the School Committee and the Association to hear the grievance.  Meetings held at Level 3 will be devoted solely to hearing grievances and be scheduled on a regular monthly basis between September and June.  Any Level 3 meeting held during July and August will be subject to agreement by the parties.  Upon conclusion of the hearings, the Committee will provide the Association with their written decision within six (6) days.

 

Each party shall have the right to include in its representation such witnesses and counselors as it deems necessary to develop facts pertinent to the grievance.

 

Level 4:  If the Association is not satisfied with the disposition of the grievance at Level 3, or the Level 3 time limit expires without the issuance of the Committee's written answer, then the Association may submit this grievance to final and binding arbitration, by filing a written demand with the American Arbitration Association.  If the demand for arbitration is not filed, with the American Arbitration Association, within thirty (30) days of the date of the School Committee's Level 3 reply, then the grievance will be deemed withdrawn.  The procedures governing the arbitration process are set forth below:

 

1.         The arbitration proceeding will be conducted under the rules of the American Arbitration Association.  The arbitrator shall not have the authority to add to, subtract from, modify, charge or alter any of the provisions of this Agreement.  The award shall be final and binding on the School Committee, the Association and the grievant.  The fees and expenses of the arbitrator shall be borne equally by the parties.

 

2.         Neither the School Committee nor the Association will be permitted to assert any grounds or evidence before the arbitrator which was not previously disclosed to the other party.

 

3.         The arbitrator shall have no power to alter the terms of this Agreement.  However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursements as he judges to be proper.  The award and decision made shall be final and binding upon the School Committee, the Association, and the aggrieved employee.

 

4.         Each party shall bear the full costs for its representation in the arbitration, and the remaining costs will be shared equally between the parties.

 

E.         General Provisions - The Committee acknowledges the right of the Association to participate in the processing of a grievance at any level.

 

Provided the parties agree, Level 1 and/or 2 or the Grievance Procedure may be bypassed and the grievance brought directly to the next step.

 

No reprisals of any kind will be taken by the School Committee or the school administration against any teacher because of his participation in this Grievance Procedure.

 

The School Committee and the administration will cooperate with the Association in its investigation of any grievance and, further, will furnish the Association with such information as required for the processing of any grievance.  All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.

 

 

ARTICLE IV

SALARIES

 

A.        Salaries are included in Appendix A and are incorporated into this Agreement by reference.

 

B.        The weekly payment plan currently in operation shall be continued until such time as a change shall be mutually agreed upon and made a part of the Agreement.  The parties agree to a summer pay option, as follows:

 

1.         A letter must be written by the teacher to the Superintendent no later than April 1 requesting summer pay in one (1) lump-sum.

 

2.         This lump-sum payment will be included with a teacher's regular paycheck on the Friday of his last work week in June.

 

3.         An employee is responsible for completing the necessary W-4 forms to adjust Federal and State taxes for this lump-sum payment and also to return to the regular weekly amount in September.  These W-4 forms must be completed no later than June 1.

 

4.         An employee will be responsible for notifying the Credit Union regarding his "no-pay status" during the summer months.

 

5.         Health Insurance:  Deductions for employees on Blue Cross/Blue Shield or Medical West will be taken in a lump sum for July and August from the summer "lump sum" pay at the end of June.  When the teacher returns in September, deductions will return to normal.

 

6.         Life Insurance:  Deductions will be taken in a lump sum for July and August from the summer "lump sum" pay at the end of June.  When the teacher returns in September, the deduction will return to normal.

 

7.         Teacher Union Dues:  If union dues are being deducted curing the summer months, it will be the teacher's responsibility to advise the Union Treasurer directly.

 

8.         United Way:  It will be the teacher's responsibility to advise the Superintendent's Office directly.

 

9.         Tax Sheltered Annuities/Investments:  It will be the teacher's responsibility to contact the tax annuity agent to adjust his annuity accordingly.

 

10.       Washington National Disability Insurance:  Deductions will be doubled in May and June.  May deductions will pay for June and July.  June deductions will pay for August and September.  When the teacher returns in September, the deduction will return to normal.

 

C.        Co-curricular staff will be paid under a separate payroll register for services in accordance with the following schedule:

 

1.         Fifty percent (50%) of scheduled salary - midpoint of service rendered.  Final fifty percent (50%) of scheduled salary - conclusion of service.  Intramurals will be paid at the end of their respective seasons.

 

2.         School year assignments will be paid four (4) times each school year, during the months of September, December, March and June.

 

Each payment will consist of twenty-five percent (25%) of the scheduled salary.

 

D.        The Superintendent agrees to adopt the teacher's initial contract, long-term contract and the Annual Salary Agreement forms attached hereto as Appendix C.

 

FOOTNOTES TO BASIC SCHEDULE - All degrees referenced herein must be earned at an accredited or licensed college or university.

 

1.         Master's Degree plus thirty (30) hours:  These thirty (30) semester hours of credit must be earned subsequent to receipt of the Bachelor's Degree, and not already used for credit toward the Master's Degree.

 

2.         Master's Degree plus forty-five (45) hours:  These forty-five (45) semester hours of credit must have prior approval of the Superintendent or his designee and must be earned subsequent to receipt of the Bachelor's Degree, and not already used for credit toward the Master's Decree.  Employees who have forty-five (45) hours of acceptable credit shall be placed on this schedule.  Employees working toward this level shall have the credits already received evaluated by the Superintendent or his designee and approved credits may be applied toward this level.

 

3.         C.A.G.S. Diploma:  The Certificate of Advanced Graduate Study may be obtained in education and subject matter or related area.  Personnel employed as of June 27, 1967 by the Westfield School System may, at the discretion of the Superintendent of Schools, be placed on the C.A.G.S. Schedule when they have completed graduate work equivalent to a C.A.G.S. Diploma.  For those holding two (2) Master's Degrees or a Master's Degree plus thirty (+30) credits, and therefore paid on a Master's plus thirty (+30) schedule, an additional fifteen (15) credits is necessary to obtain a C.A.G.S. equivalency.  The additional fifteen (15) credits must have the approval of the Superintendent and must not have been previously used for placement on the salary schedule.

 

4.         Master's Degree plus sixty (60) hours:  These sixty (60) semester hours of credit must have prior approval of the Superintendent or his designee and must be earned subsequent to receipt of the Bachelor's Degree, and not already used for credit toward the Master's Degree.  Employees who have sixty (60) hours of acceptable credit shall be placed on this schedule.  Employees working toward this level shall have the credits already received evaluated by the Superintendent or his designee and approved credits may be applied toward this level.  Employees will notify the Human Resource office by August 25, 2001 of their intent to move to MA+60 and the courses being used (for budgetary purposes only).

 

5.         Doctor's Degree:  The Doctor's Degree may be obtained in Education and subject matter or related area.  Teachers with a J.D. will be placed on. the doctoral schedule when they have passed the Massachusetts Bar Examination.

 

6.         Advancement to the next higher pay schedule will be made on the first August 25 or March 1 following completion of all academic requirements toward the next higher degree or salary requirement.  A teacher intending to receive an advance degree or credits which would provide for advancement to the next higher pay schedule must notify the Superintendent, in writing, no later than February 1st of the year preceding the financial budget being prepared.  Teachers who fail to provide notice will not receive their column movement until the next fiscal year.  A letter will be issued to all staff annually in December reminding them of their obligation.

 

All courses taken subsequent to September, 1967 for C.A.G.S. equivalency credit must be in an accepted area of concentration and each course must have approval for each individual's program before such course is taken.  The Superintendent will be responsible for authorizing approval for each individual's program before such course is taken.  The Superintendent will be responsible for authorizing approval of concentration areas and courses.  Persons not eligible by September, 1967 who anticipate future placement on the C.A.G.S. schedule are required to submit to the Superintendent in writing a plan or list of courses [totaling the fifteen (15) additional credits] taken or to be taken to satisfy the equivalency C.A.G.S. requirement.  Prior approval must be obtained before taking any courses subsequent to September, 1967.  The Superintendent will notify, in writing, individuals of plans or lists of courses approved for equivalency.

 

Regular increments and seniority step increases:

 

1.         Regular increments and seniority step increases are not automatic.

 

2.         To qualify for a regular increment or seniority step increase a teacher must be recommended by the Superintendent as having done satisfactory work.

 

3.         All regular increments and seniority step increases must be approved annually by the Superintendent.

 

4.         The Superintendent reserves the right to withhold a regular increment or seniority step increase for the following reasons:

 

a.         Inefficiency

b.         Insubordination

c.         Conduct unbecoming a teacher

d.         For any other reasons the Superintendent considers to be detrimental to the school system.

 

5.         No increment or seniority step increase shall be withheld.

 

a.         Unless said teacher agrees in writing to have said increment or seniority step increase withheld for the stipulated school year or pay period, or

b.         Unless at least thirty (30) days, exclusive of customary vacation periods, prior to the determination of the Superintendent, the teacher shall have been notified of such intended action, and

c.         Unless, if he requests, he shall have been furnished by the Superintendent with a written charge or charges of the cause or causes for which his increment is being withheld, or

d.         Unless, if he so requests, he has been given a hearing before the Superintendent, at which he may be represented by counsel, present evidence and call witness to testify in his behalf and examine them, nor

e.         Unless the charges shall have been substantiated.

 

MODIFICATION OF BASIC SCHEDULE

 

A.        Department heads will be paid the salary of a classroom teacher of equal preparation and experience, multiplied by the differential ratio listed below.  The ratio for department heads will be determined by the number of years each person has served in that capacity in the Westfield School System, as follows:

 

1st                    2nd                    3rd                    4th                    5th

Year                Year                Year                Year                Year

Dept.

Head               1.02                 1.04                 1.06                 1.08                 1.10

 

B.        All relevant provisions of the March 23, 1988, Memorandum of Agreement on Department heads are hereby incorporated into this Agreement and attached as Appendix C.

 

C.        Teachers whose regular assignments require them to give eleven (11) months' service instead of the usual ten (10) months will be paid for the additional month at the same rate.

 

D.        Guidance Specialists - including Counselors, School Psychologists, Adjustment Counselors - shall be paid an additional amount in accordance with the current schedule as printed Appendix B.

 

It is understood, however, that the above will not apply to employees who are or an administrative ratio.

 

E.         A long term "temporary substitute" is defined as one who is employed for less than a school year to take the place of a regularly employed teacher who is absent for illness or by reason of educational leave, maternity leave, military leave, sabbatical leave, or other leave.  Said long term temporary substitutes will be paid on the Bachelor's scale, Step I for any assignment whose duration exceeds thirty (30) working days, commencing on the thirty-first (31st) day.

 

In the event a substitute teacher performs work in a long term assignment for more than ninety-one (91) working days, the substitute teacher's compensation retroactive to the first day of the assignment, will be according to the regular teacher salary schedule (Appendix A).  "Working days" shall be defined as school days in which work is either actually performed by the substitute teacher for which the substitute is compensated by the School District or the substitute teacher has utilized an authorized paid leave day in one (1) of the categories referenced below.  Intermittent absences on a non-pay basis shall not interrupt the calculation of the total accumulation of the number of days in the assignment, but shall not be counted towards working days for the purposes of being placed on the salary schedule.  Educational attainment and experience stew level shall be determined by the Superintendent.  Provided, however, that if the vacancy is known to be at least ninety-one (91) days at the time of hire the substitute teacher will be placed directly on the regular teacher salary schedule.  It is understood by the parties to this Agreement that substitute teachers are excluded from all of the provisions of this Collective Bargaining Agreement, except for compensation as set forth above, medical insurance, funeral leave, personal leave and sick leave, and the limited right to use the grievance procedure solely in these specific areas.  Provided, however, sick leave will be earned at the rate of one and one-half (1½) days per month worked.

 

Any substitute teacher who is awarded a regular teaching contract by the Superintendent, immediately following a full year(s) of consecutive service will be credited with seniority, retroactive to the first day of said first full year of consecutive service.

 

F.         Westfield Vocational High School teachers will be paid the same schedule as public school teachers, with the following modifications.

 

1.         Westfield Vocational High School teaches provisionally approved by the Vocational Division of the State Department of Education to teach trade subjects, but without a degree, will be paid on the schedule of teachers with the Bachelor's Degree.  These teachers must earn at least twenty-four (24) credits and receive full Department of Education approval within three (3) years.

 

2.         Westfield Vocational High School teachers approved by the Vocational Division of the State Department of Education to teach trade subjects, and who also have earned fifty-one (51) credits, will be paid on the schedule of teachers with Master's Degree.  The fifty-one (51) credits includes the necessary eighteen (18) credits to qualify for Department of Education approval.

 

3.         Westfield Vocational High School teachers approved by the Vocational Division of the State Department of Education to teach trade subjects, and who also have earned eighty-seven (87) credits, will be paid on the schedule of teachers with the Master's Degree plus thirty (30) credits.

 

4.         Westfield Vocational High School teachers approved by the Vocational Division of the State Department of Education to teach trade subjects, and who also have earned one hundred twenty-three (123) credits or a Bachelor's Degree will be paid on the schedule of teachers with the Master's Degree plus forty-five (45) credits.

 

5.         Westfield Vocational High School teachers approved by the Vocational Division of the State Department of Education to teach trade subjects, and who also have earned one hundred fifty-nine (159) credits will be paid on the schedule of teacher with the Master's Degree plus sixty (60) credits.

 

6.         A Westfield Vocational High School teacher must have earned a Doctorate Degree in order to be paid on the Doctorate scale.

 

7.         Each year of trade experience in excess of the number required for certification by the Vocational Division of the State Department of Education may be counted as a year of teaching experience for teachers of trade subjects.

 

G.        The hourly rate paid teacher of evening school, summer school, driver education (classroom) standing curriculum committees and the like will be paid at the rate of thirty-two dollars and sixty-one cents ($32.61) per hour.  Driver education (road time) will be paid at the rate of thirty-two dollars and sixty cents ($32.60) per hour.  Effective August 25, 2008 the hourly rate will increase to thirty-three dollars and fifty-eight cents ($33.58) and effective August 25, 2009, thirty-four dollars and seventy-six cents ($34.76) per hour.

 

H.        Vocational Lead Teachers - Annual stipends will be paid as follows:

 

8/25/07            8/25/08            8/25/09

Allied Health                                         1,000               1,200               1,236                       

Auto Body                                             1,000               1,200               1,236           

Auto Technology                                   1,000               1,200               1,236           

Carpentry                                               1,000               1,200               1,236

Culinary                                                 1,000               1,200               1,236

CNET                                                     1,000               1,200               1,236

Graphic Arts                                          1,000               1,200               1,236

Horticulture                                            1,000               1,200               1,236

HVAC                                                   1,000               1,200               1,236           

Electrical                                                1,000               1,200               1,236           

Manufacturing                                       1,000               1,200               1,236

Office Technology                                 1,000               1,200               1,236

 

 

ARTICLE V

TEACHING HOURS AND TEACHING LOAD

 

A.        The starting and dismissal times for all schools and the times at which teachers will be at their assigned stations shall be as follows:

 

Starting and Dismissal Times:                                     Pupils              Teachers

 

Elementary Schools:

(Franklin Ave., Highland, Juniper Park,                     9:00 a.m.         8:45 a.m.

Munger Hill, Papermill, Abner Gibbs,                        3:00 p.m.         3:15 p.m.

Moseley, Southampton Road)

 

Kindergarten:

(Franklin Ave., Highland, Juniper Park,

Munger Hill, Papermill, Abner Gibbs,

Moseley, Southampton Road, Fort Meadow)

Morning Session                     9:00 a.m.  -      11:30 a.m.

Afternoon Session                  12:30 a.m. -     3:00 p.m.

 

Middle School:

                                                                                                8:00 a.m.         7:50 a.m.

                                                                                                2:29 p.m.         2:35 p.m.

 

Senior High School/Vocational                                  7:20 a.m.         7:15 a.m.

            High School                                                    1:56 p.m.         1:59 p.m.

 

The School Committee reserves the right to change the building hours up to a maximum of thirty (30) minutes plus or minus the previous school year hours provided no overall increase in the length of the teacher work day results.  The School Committee will give notice to the teachers no later than August 15th of the year in which the change is to take effect.  During the life of the 2007-10 agreement, the school year 1993-94 will be used as a benchmark.

 

B.        Personnel other than classroom teachers will work at their assigned tasks for at least the length of the classroom teacher's workday.  The exact daily schedule will be worked out on an individual basis.

 

C.        It is recognized, however, that the proper performance of their duties may, on occasion, require personnel to work longer than the normal working day.  Reasonable schedules and/or duties will be assigned by each building principal.  Staff meetings, should normally not exceed one (1) hour in length and should normally precede or occur immediately following the teacher work day.

 

D.        The work year of teachers (other than new personnel who may be required to attend additional orientation sessions) will begin no earlier than August 25 and will terminate no later than June 30, and will be one hundred eighty-four (184) scheduled work days.  The one hundred eighty-third (183rd) and one hundred eighty-fourth (184th) days will be used as professional/curriculum days with no students present unless needed to meet state regulations regarding student attendance or time and learning.  New teacher orientation will always be held on the first day of school and no earlier than August 25.  Orientation days for other than new personnel shall be considered as scheduled work days.  Any days worked above this limit shall be reimbursed at the rate of 1/184 of the teacher's contracted salary Prior to March 1st, the Association will be given an opportunity for input into the school calendar, prior to its adoption by June 1st, to take effect the following year. The School Committee will negotiate with the Association before making changes in the calendar after June 1st.  Guidance specialists may have their work year extended up to ten (10) days at the discretion of the Superintendent at a per diem rate as needed. Guidance counselors will minimally, work an additional four (4) days at the beginning/end of the school year at their per diem.  Specialists, after prior consultation by the building principal or designee, will be notified no later than May 15 of the number of days and dates of work for the summer period.  The parties have acknowledged a calendar for the 2004-2005 year per their tentative agreement.

 

E.         Effort shall be made to schedule classes in secondary schools so that secondary school teachers shall not be required to teach more than two (2) fields nor more than two (2) preparations daily.

 

F.         Each teacher in the secondary schools will have one (1) duty free preparation period daily.  Each Unit A employee in the elementary schools will have a minimum of five (5), thirty (30) consecutive minutes, duty-free preparation periods per week (this includes specialists and other non-classroom personnel. Travel time between schools will not be considered preparation time.  Any elementary classroom teacher who is denied a scheduled preparation period as defined above will be compensated at a rate of twenty-one dollars and nineteen cents ($21.19) effective 8/25/07, twenty-one dollars and eighty-two cents ($21.82) effective 8/25/08 and twenty two dollars and forty-eight cents ($22.48) effective 8/25/09 per period denied.  For teachers who, during the normal work day, are required to attend a "766" meeting and thereby are denied their scheduled preparation period, the Committee will agree to compensate these teachers at the rate of twenty-one dollars and nineteen cents ($21.19) effective 8/25/07 per preparation period denied.  The twenty-one dollars and nineteen cents ($21.19) rate will be increased to cents twenty-one dollars and eighty-two cents ($21.82) on 8/25/08 and twenty two dollars and forty-eight cents ($22.48) on 8/25/09.

 

G.        If present facilities become inadequate to meet educational needs, these hours may be changed to provide for the necessary educational requirements.  But such hours will not be changed without prior consultation and negotiation with the Association in accordance with the provisions of this contract.

 

H.        The Committee recognizes the need to provide teachers with adequate opportunity to develop curriculum or learning improvement programs or materials.  This opportunity will be afforded teachers working in group effort or on an individual level.  It is agreed that upon submission to the Superintendent of a specific plan, individual teachers or groups of teachers may be released from normal responsibilities for the purposes of research, grant writing, or the study and development of curriculum materials.  The duration of release shall be appropriate to the need.  During the time of release a substitute will be engaged to replace the released teacher.

 

For certain limited cases it may be necessary to dismiss school at a time earlier than the regularly scheduled time in order to allow teachers to engage in curriculum study, in service educational programs, and the like.  The Committee agrees to allow such time.

 

 

 

 

 

ARTICLE VI

CLASS SIZE

 

The Committee and the Association agree that reductions in some present class sizes are desirable, and, to the extent possible in view of the availability of staff and facilities, such reductions will be made.

 

 

ARTICLE VII

SPECIALISTS AND SPECIAL PROGRAMS

 

A.        The Committee and the Association recognize that an adequate number of competent specialists is essential to the operation of an effective educational program.  Accordingly, to the extent possible, the following are among the specialists which should be available in the elementary and secondary schools:

 

Art, Music, Speech and Hearing, Reading, Physical Education, Special Education, Elementary Guidance Counselors, School Adjustment Counselors, Secondary Guidance Counselors, School Psychologist, Vocational Counselors, Visiting Teachers, and Librarians.

 

B.        Specialists will be reimbursed at the prevailing city rate for required and/or approved inter-school travel.

 

C.        Specialists will be assigned non-teaching duties in proportion to the percentage of time spent in the particular building.

 

 

ARTICLE VIII

NON-TEACHING DUTIES

 

A.        The Committee and the Association agree that the primary purpose of the teacher is to teach and that his energy should, to the extent possible, be utilized to this end.  The Committee agrees to make reasonable effort to relieve teachers of the duties listed below in order that more of the teacher's time may be devoted to instruction and preparation.

 

These duties include, but are not limited to, such things as:  banking money, collections for PTA charities, insurance applications and collections, book distribution, duplication of instructional materials, and maintenance of school registers.  Elementary teachers will not be required to collect milk or lunch money.

 

B.        Each teacher shall be provided a duty free lunch period in addition to any preparation periods provided, such lunch period to be at least as long as the regularly scheduled lunch period for students in the school where the teacher is employed.  When this is not possible, teachers assigned to lunch duty shall be compensated.  When teachers are compensated, compensation will be at the rate of fifteen dollars and fifty-six cents ($15.56) effective 8/25/07, per hour.  This rate will increase to sixteen dollars and three cents ($16.03), effective 8/25/08, and sixteen dollars and fifty-one cents ($16.51), effective 8/25/09.

 

C.        Teachers will not be required to drive pupils to activities which take place away from the school building.  Teachers may do so voluntarily, however, with the advance approval of their principal or immediate supervisor.

 

 

ARTICLE IX

TEACHER EMPLOYMENT

 

When employing new teachers, the Superintendent of Schools is to place the teacher on the appropriate step in the salary schedule, taking into consideration the following:

 

1.         Degree status

 

2.         Previous teaching experience - either public school, private school or other related work experience acceptable to the Superintendent, who shall not reasonably withhold such acceptance - provided such teaching experience shall have been continuous service of more than ninety-one (91) days of any school year.  The Association will be notified of the specifics of any deviation.

 

3.         Military service

 

4.         Visa and/or Peace Corps service

 

 

ARTICLE X

TEACHER ASSIGNMENT

 

Although the Committee and the Association recognize that in-building reassignment by principals is sometimes necessary, they also recognize that frequent changes in grade level assignments at the elementary level and subject assignments at the secondary level can be disruptive to the educational process.

 

Therefore, they agree as follows:

 

A.        Teachers will be notified in writing of their programs for the coming school year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have, as soon as practicable and under normal circumstances not later than June 15.

 

B.        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.

 

C.        Changes in grade assignments in the elementary school and subject assignments in the secondary schools will be made only for just cause.

 

D.        In arranging schedules for teachers who are assigned to more than one (1) school, an effort will be made to limit the amount of interschool travel.  Such teachers will be notified of any changes in the schedules as soon as practicable.

 

E.         Teacher assignments will be made without regard to race, creed, color, religion, nationality, sex or marital status.

 

 

ARTICLE XI

TRANSFERS

 

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

 

Therefore, they agree as follows:

 

A.        When a reduction in the number of teachers in a school is necessary, volunteers will be transferred first.

 

B.        When involuntary transfers are necessary, a teacher's area of certification, major and/or minor field of study, quality of teaching performance and seniority will be considered in determining which teacher is to be transferred.  Whenever comparable positions are available, teachers being involuntarily transferred will be transferred to such comparable positions.

 

An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent (or his designee), at which time the teacher will be notified of the reasons for the transfer.

 

C.        A list of open positions in other schools will be made available to all teachers being transferred, and all other factors being substantially equal, preference will be given in filling such positions on the basis of seniority.  Teachers being involuntarily transferred shall be considered for a vacant position at any time up to the first day of school, providing the request is made before a teacher is assigned to such vacant position.

 

D.        Notice of transfer will be given to teachers as soon as practicable and under normal circumstances not later than June 15.

 

E.         Exceptions to the provisions of Sections A, B, C, and/or D above may be made only if the Superintendent of Schools 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.  A disagreement over whether an exception is justified will be subject to the grievance procedure and will be initiated at Level Two thereof.

 

F.         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 April 15 of each school year to be considered for the next school year.  Requests for transfers are valid for one (1) school year only and must be resubmitted annually for consideration for transfer.

 

 

ARTICLE XII

REDUCTION IN FORCE

 

Notwithstanding any other provision in this Agreement to the contrary, in the event it becomes necessary to reduce the number of employees in the bargaining unit, the following factors will be considered:

 

a.         Teacher's area of certification

 

b.         Major and/or minor field of study

 

c.         Quality of teacher performance

 

d.         Seniority in the bargaining unit as defined in Article XXXI and, when all factors constituting a, b, and c above are relatively equal, seniority shall govern.

 

Any member of Unit B with previous service in Unit A positions will re-enter Unit A with seniority as defined in Article XXXI, but modified to include prior time spent in Unit A positions, with the exception of time spent in the positions of Director of Music and Director of Physical Education which, for seniority purposes under this Agreement, will be counted as Unit A time.

 

An employee whose position is eliminated shall replace the employee with the lowest seniority anywhere within the school system in an area in which the laid-off employee is qualified or becomes qualified by the time the reduction in force becomes effective.  Provided, however, the teacher gives written notice to the Superintendent stating an intent to obtain additional qualifications, including certification, within thirty (30) days of the teacher's receipt of a layoff notice.

 

"Qualified" means that the teacher has on file with the Office of the Superintendent evidence that he/she possesses the necessary qualifications or can, and does, obtain said qualifications by the effective date of his/her layoff.

 

In cases involving teachers who have identical seniority, preference for retention or recall shall be given to the teacher who has achieved the highest level of training.

 

Teachers who are affected by a reduction in staff due to budgetary constraints must be notified prior to June 15th of the school year preceding the year in which the reduction will take effect.  The June 15th notice date may be waived by mutual agreement of the parties.  For any other reason of layoff, (e.g., good faith administrative error in bumping process, elimination of position through change in enrollment) the School District agrees to provide sixty (60) calendar days advance notice to the teacher of the layoff action.  Said notice shall include the specific reasons for the layoff.

 

Teachers who have been laid off shall be entitled to recall rights for a period of time equal to their seniority but not to exceed two (2) years from the effective date of their respective layoffs.

 

During the recall period, teachers shall be notified by certified mail to their last address of record, and given preference for positions as they develop in the inverse order of their respective layoff, and all benefits to which a teacher was entitled at the time of layoff shall be restored in full upon reemployment within the recall period.  During the recall period, teachers who have been laid off shall be given preference on the substitute list if they so desire.

 

A member of the bargaining unit shall have fifteen (15) calendar days from date of postmark of the letter to notify the Committee of his/her acceptance or rejection.

 

A member of the bargaining unit who rejects recall for reasons of illness or disability rendering him/her unable to work or other good reason as determined by the Superintendent shall be moved one (1) position down on the recall list or to the bottom of the recall list, whichever is higher on the list, and the reason for the rejection must be stated on the letter of rejection.  Proof of illness or disability must be furnished to the School Committee, if requested.  Regarding an illness or disability rendering a member of the bargaining unit unable to work, the Committee may require a letter from a physician certifying that the illness or disability renders him/her unable to work.  All members of the bargaining unit who reject a recall (except for substitute work) with no reason or an unacceptable reason under this section will be removed from the recall list.  Failure to answer a recall notification shall be considered as rejection without reason and said bargaining unit member's name shall be removed from the recall list.  The bargaining unit member and the Association will be notified in writing within fifteen (15) days of the bargaining unit member's removal from a recall list.  Said removal of a bargaining unit member's name from the recall list will satisfy all of the School Committee's obligations under this Article and be deemed a voluntary resignation.

 

Professional services previously performed by any teacher who has been laid off shall not be performed by anyone who is not a member of the bargaining unit.

 

 

ARTICLE XIII

VACANCIES AND PROMOTIONS

 

A.        Whenever a permanent vacancy in a professional position in the bargaining unit, caused by retirement, death, resignation, promotion or discharge or any newly created position in the bargaining unit, occurs other than that of a classroom teacher, it will be adequately publicized by the Superintendent by means of a notice placed on the Association Bulletin Board in every school as far in advance of the appointment as possible.  During the months of July and August, written notice of any such vacancy will be given to the Association.  In both situations, the qualifications for the position, its duties and compensation in accordance with the current salary schedule will be clearly set forth.  The qualifications set forth for a particular position will not be changed when such future vacancies occur unless the Association has been notified in advance of such changes and reasons therefor.  A disagreement over the necessity for such change will be subject to the grievance and arbitration procedures set forth in this Association.  No vacancy will be filled, except on a temporary basis, within thirty (30) days from the date the notice is posted in the schools or the giving of notification to the Association.

 

B.        All qualified teachers will be given adequate opportunity to make application for such positions, and the Superintendent agrees to give due weight to the professional background and attainments of all applicants, seniority, and other relevant factors.  In filling such vacancies, first consideration will be given to qualified teachers already employed by the Committee and each teacher applicant shall be granted an interview by the Superintendent or designee before the appointment is made.  Appointments will be made not later than ninety (90) days after the notice is posted in the schools or the giving of notification to the Association.

 

C.        The Superintendent agrees to post newly created positions only, which arise under the Unit A contract, to all staff during implementation of a reduction in force and subsequent related reassignments.  The parties agree that such application will be considered in accordance with the provisions of this article as it relates to newly created positions and is in the best interests of the teacher(s) and/or school(s) affected.

 

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

 

E.         Permanent vacancies caused by retirement, death, resignation, promotion or discharge or any newly created position which occur in regular classroom positions will be posted as per Paragraph A.  The Superintendent, however, reserves the right not to fill the vacancy until the start of the next school year and provided, further, the filling of vacancies under this Paragraph D will be subject to the provisions of Article XII.

 

F.         Temporary vacancies are defined as those vacancies which are not permanent as defined in Paragraph A.  The Superintendent reserves the right to fill or not fill such temporary vacancies.  Should the Superintendent determine to fill such temporary vacancies, it will do so by making an appointment for the length of the temporary vacancy.  The Superintendent will make the decision to fill or not fill the temporary vacancy within a reasonable period from the event causing the temporary vacancy.  The Superintendent will fill the temporary vacancy within a reasonable period of the posting.  In filling such temporary vacancy the Superintendent will give all qualified teachers adequate opportunity to make application for such temporary positions and agrees to give due weight to the professional background and attachments of all applicants and other relevant factors.

 

 

ARTICLE XIV

POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL

AND UNDER FEDERAL PROGRAMS

 

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

 

B.        Regular positions in the Westfield summer school and evening school and positions under Federal programs will be filled first by regularly appointed teachers in the Westfield School System.  This shall not preclude the Committee from employing outside personnel who through special qualifications would enrich the program.

 

C.        In filling such positions, consideration will be given to a teacher's area of competence, major and/or minor field of study, quality of teaching performance, attendance record, seniority in regard to summer school or evening school positions.  Teachers with satisfactory previous Westfield Summer School or Evening School teaching experience shall have first preference.

 

 

ARTICLE XV

TEACHER EVALUATION

 

A.        All observation of the work performance of a teacher will be conducted openly. Teachers will have the right to discuss such report with their superiors and will be shown a copy of any such evaluation report and, upon request, will be given a copy.  In the event of any adverse criticism or an unsatisfactory evaluation, a teacher at his option shall have ample opportunities to demonstrate improved performance and, if necessary, shall be able to have additional evaluations by a second administrator.  Effective August 25, 2001 there will be a new evaluation document based on RBT (Research for Better Teaching) model attached as Appendix F.

 

B.        1.         Teachers will have the right, upon request, to review the contents of their personnel file.  A teacher will be entitled to have a representative of the Association accompany him during such review.

 

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

 

C.        Any formal complaints regarding a teacher made to a member of the administration by a parent, student or other person will be promptly called to the attention of the teacher.

 

D.        The Association recognizes the authority and responsibility of the principal and the Superintendent of Schools for disciplining or reprimanding a teacher for delinquency of professional performance.  If a teacher is to be disciplined or reprimanded by a member of the administration above the level of the principal, however, he will be entitled to have a representative of the Association present.

 

E.                 No teacher will be disciplined, reprimanded reduced in rank or compensation without just cause.

 

F.         A separate evaluation instrument will be used with the School Nurses.  The evaluation instrument is part of this agreement to be administered on a yearly basis.

 

 

 

 

ARTICLE XVI

TEACHER FACILITIES

 

A.        Each school will have the following facilities:

1.         Space in each classroom in which teachers may safely store instructional materials and supplies.

2.         A teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials.

3.         An appropriately furnished room to be reserved for the exclusive use of the teachers as a faculty lounge.  Said room will be in addition to the aforementioned teacher work area.

4.         A serviceable desk and chair for the teacher in each classroom.

5.         A communication system so that teachers can communicate with the main building office from their classroom.

6.         A well lighted and clean male teacher rest room and a well lighted and clean female teacher rest room.

7.         A separate, private dining area for the exclusive use of the teachers.

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

C.        The Committee and the Association recognize that with present conditions some of these facilities are lacking.  Whenever practicable, the facilities will be provided.

 

 

ARTICLE XVII

USE OF SCHOOL FACILITIES

 

A.        The Association may use school buildings without cost at reasonable times for meetings. Arrangements as to time and place will be made with the principal of the building in question.

 

B.        There will be a bulletin board in each building, which will be placed in the faculty lounge(s) for the purpose of displaying notices, circulars and other Association material.

 

 

ARTICLE XVIII

SICK LEAVE

 

Teachers will be entitled to fifteen (15) sick leave days each school year as of the first official day of said school year providing they report the first official day; otherwise it will be pro-rated.  If a teacher is unable to report on the first day of school due to extraordinary circumstances beyond the control of the teacher, such as a death in the immediate family or a personal medical problem which has resulted in long period of convalescence, sick leave will not be prorated and the teacher will be credited with sick leave as if reporting on the first day. Credit for sick leave will be restored upon their return to work.

Sick leave days may be accumulated from year to year with no maximum.  The Superintendent reserves the right to have an individual examined by a physician of their choosing at the school's expense.  The Employee Reporting Form (Appendix D) properly filled out, will be required of any employee who has had three (3) incidents of absence in any contract year.

In the event of absence of a teacher for illness in excess of five (5) consecutive working days, the teacher may be required to submit a certificate of personal illness to the Superintendent of Schools.

The Superintendent has the right to discipline for abuse of sick leave.  In cases of merit, the Superintendent may allow sick leave beyond the above limits.  The following criteria are intended to serve as a just cause standard for testing the reasonableness of Superintendent action on request for additional sick leave days:

1.         The teacher has professional status in the Westfield Schools.

2.         The illness or injury is of long-term duration.

3.         The number of additional days granted will not exceed the number of days accumulated at the start of the illness, but in no event will exceed one hundred eighty two (182) days.

4.         The sex or marital status of the teacher will have no basis in the decision to allow or deny the additional days.

5.         Additional days will not be considered for elective surgery when it could be scheduled during the summer vacation period.

6.         Elective surgery which is scheduled during the summer months and results in a long period convalescence will not disqualify a teacher from being allowed additional days if the other criteria listed are met.

ARTICLE XIX

SEVERANCE PAY

 

A.        A Teacher upon retirement, or his estate upon his death, will be paid for accumulated unused sick leave days up to a maximum of sixty-five (65) days.  This maximum will be one hundred (100) days provided the teacher has accumulated one hundred eighty (180) days of sick leave on the effective date of retirement or death.

 

B.        Should a teacher contemplating retirement specify to the Committee such intent at least one (1) year prior to such retirement, he may, in lieu of A above, receive a salary adjustment for the last year before retirement of an amount equal to the amount he would have received under A above.  His accumulated sick leave will be reduced by a like amount.  Notice under this section is for budgetary reasons only.  It is not to be construed as a letter of resignation from the District, unless so noted on the appropriate form.  (Appendix E)  The letter requesting said funds, along with the appropriate form, shall be submitted to the office of the Director of Human Resources, unless otherwise designated by the Superintendent of Schools.

 

C.        A teacher who elects to receive his severance pay under the terms of paragraph B of this Article shall receive a salary adjustment based on the salary he receives during his last year of service.

 

D.        Teachers intending to retire and receive the benefits of this Article must notify the Superintendent of Schools in writing, prior to February 1, of the year preceding the financial budget being prepared so that the severance amount may be included before the budget is voted.  Teachers who fail to satisfy the February 1 date would not receive their severance benefit until the succeeding budget is prepared and voted.

 

 

ARTICLE XX

TEMPORARY LEAVES OF ABSENCE

 

A.        Teachers will be entitled to the following temporary leaves of absence with pay each school year:

 

1.         Two (2) days for religious, personal, legal, business, household or family matter which requires absence during school hours, with prior approval of the Superintendent of Schools. This does not preclude the Superintendent from granting additional days should circumstances warrant.  A personal day under this section will not normally be considered the day before or after a holiday or vacation. Any personal days under this section which are unused in a given school year, will be transferred to the employee’s sick leave balance at the end of the year.

2.         At least one (1) day for the purpose of visiting other schools or attending meetings or conferences of an educational nature, with prior approval of the Superintendent of Schools.

3.         Time necessary for duly authorized Association representatives to attend Massachusetts Teachers Association and/or National Education Association conferences and conventions.  The number of such representatives attending shall be at the discretion of the Superintendent of Schools.

4.         Time necessary for appearances in any legal proceeding connected with the teacher's employment or with the school system or in any other legal proceeding if the teacher is required by law to attend as a witness.

5.         Up to five (5) days to arrange for and attend the funeral of a spouse, parent or child. Teachers will be granted up to three (3) days at the discretion of the Superintendent to arrange for and attend the funeral of other members of the teacher's family or persons who are as close as family.

6.         Teachers will be granted up to five (5) days at any one time in the event of serious illness requiring bedside or household attention by the teacher or the teacher's spouse, child or parent.  Teachers will be granted up to three (3) days at the discretion of the Superintendent in the event of serious illness requiring bedside or household attention of other members of the teacher's family or persons who are as close as family; however, the total number of days available in any one (1) year to all teachers under this section will be no more than the total number of full time teachers times one.

7.         Ten (10) days per school year for persons called into temporary active duty of any unit of the U.S. Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session.  Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal government.  The parties acknowledge the repeal by the City of M.G.L. c. 33, § 59.

8.         Time necessary for jury duty as mandated under the General Laws of Massachusetts.  Teachers serving on jury duty shall receive no loss of pay for any such time served.  All payments by the Commonwealth or subdivision thereof, shall be turned over to the Committee.

B.        Leaves taken pursuant to Section A above will be in addition to any sick leave to which the teacher is entitled.  No teacher will be required to arrange for his own substitute.  Any absence occasioned by a teacher's attendance at any convention, conference, seminar, visitation, evaluation, or any similar event when such attendance has been required by a superior shall not be charged against any of the leave provisions of this Article or any other Article of this Agreement.

C.        The School Committee shall not be required to restore an employee on leave to his previous or a similar position if other employees or equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other change in operating conditions affecting employment during the period of such leave; provided, however, that such employee on leave shall retain any preferential consideration for another position to which he may be entitled as of the date of his leave.

D.        Adoption leave:  If an adoption agency requires and certifies that an adopting parent, immediately following the adoption of a child (ren), must stay home with the child (ren), the teacher will be eligible for such days from the bank of family illness days for a period not to exceed thirty (30) working days.  Should said bank be reduced to zero, the teacher shall be required to reimburse said days from his/her own sick/personal leave balances, by first exhausting personal days and then sick leave.  When both parents are employed by the Westfield Public Schools and are members of Unit A, they shall have the option of sharing the total not to exceed the thirty (30) day maximum.

 E.        The Superintendent has the right to grant additional temporary leaves of absence with pay for extreme and extenuating circumstances.

 

ARTICLE XXI

EXTENDED LEAVES OF ABSENCE WITHOUT PAY

 

A.        The Superintendent agrees that up to three (3) teachers designated by the Association will, upon request, be granted a leave of absence for up to two (2) years without pay for the purpose of engaging in Association (state or national) activities.  Upon return from such leave, a teacher will be placed on the salary schedule at the level he would have achieved if he had not been absent.

 

B.        A leave of absence of up to two (2) years will be granted to any teacher who joins the Peace Corps in a teaching capacity or serves as an exchange teacher and is a full-time participant in either of such programs.  Upon return from such leave, a teacher will be placed on the salary schedule at the level he would have achieved if he had not been absent.

 

C.        During any period of active military service, the employee shall be eligible for the difference between his salary from the state or federal government and his regular pay.  The parties recognize the repeal of G.L. c. 33, § 59 by the City of Westfield.

 

D.        A leave of absence without pay will be granted to an employee who has completed at least three (3) consecutive months of full time employment for the purpose of giving birth, adoption, or paternity, said leave of absence to be hereinafter called maternity leave; providing the employee shall give at least two (2) weeks notice to the Superintendent or his designated representative of his/her anticipated date of departure and intention to return.  The employee may request a leave of absence of up to eight (8) calendar weeks and be restored to his/her previous or a similar position, or he/she may request a longer leave of absence of up to two (2) years, but in such an event he/she may only be restored to his/her previous or a similar position on the first day of school in September.  No maternity leave of absence will be granted for a period longer than two (2) years from the date the leave commenced.  The employee restored to his/her former position or similar position under this section shall be restored with the same status, pay, length of service credit, and seniority where applicable as of the date of his/her leave.

 

            The Superintendent shall not be required to restore an employee on maternity leave to his/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; provided, however, that such employee on maternity leave shall retain any preferential consideration for another position to which he/she may be entitled as of the date of his/her leave.

 

            Such maternity leaves shall not affect the employee's right to receive any benefits for which he/she is eligible at the date of his/her leave, and any other advantages or rights of his/her employment incident to his/her employment position.  The maternity leave shall not be included in the computation of such benefits, rights and advantages, and the Employer need not provide for the cost of any benefits, plans or programs during the period of maternity leave except as provided for all other employees on a leave of absence.

 

E.         A leave of absence of up to six (6) months may be granted for the purpose of caring for a sick member of the teacher's immediate family defined as father, mother, spouse, or child.

 

F.         The Superintendent will grant a leave of absence for two (2) terms or no more than four (4) years to any teacher to campaign for or serve in a public office.  This Paragraph will apply only in the event a comparable position vacancy is available.

 

G.        Teachers returning from a leave of absence under Paragraphs D, E, or F will return to the appropriate place on the salary schedule.

 

H.        After three (3) years of continuous employment in the Westfield School System, a teacher may be granted a leave of absence, for up to one (1) year, for health reasons:  Requests for such leave will be supported by appropriate medical evidence.

 

I.          Any teacher whose personal illness extends beyond the period compensated will be granted a leave of absence for such time as is necessary for complete recovery from such illness.

 

J.          Other leaves of absence without pay may be granted by the Superintendent and/or the Committee.

 

K.        All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him upon his return and he will be assigned to the same position which he held at the time said leave commenced, if available, or if not, to a substantially equivalent position.  The Superintendent shall not be required to restore an employee on leave to his 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 leave; provided, however, that such employee on leave shall retain any preferential consideration for another position to which he may be entitled as of the date of his leave.

 

L.         All requests for extensions or renewals of leaves will be applied for and granted in writing.

 

M.        Teachers previously on any leave of absence provided for in any earlier agreement shall continue to be credited for seniority purposes with all time spent on any leaves as provided in that earlier agreement.

 

 

ARTICLE XXII

SABBATICAL LEAVES

 

Upon approval of the Superintendent of Schools, sabbatical leaves will be granted for study or travel to a member of the teaching staff.  A committee will be appointed consisting of three (3) members chosen by the School Committee and three (3) members chosen by the Teachers Association to assist the Superintendent in making his decision under this section.  The sabbatical leaves are subject to the following conditions:

 

1.         No more than one (1) percent of the teaching staff will be absent on sabbatical leave at any one time.

 

2.         Requests for sabbatical leave must be received by the Superintendent of Schools in writing in such form as may be required by the Superintendent of Schools no later than December 31, and action must be taken on all such requests no later than April l of the school year preceding the school year for which the sabbatical leave is requested.

 

3.         The teacher has completed at least five (5) consecutive full school years of service in the Westfield School System.

 

4.         Teachers on sabbatical leave will be paid at fifty (50) percent of their regular salary rate, provided that such pay when added to any program grant will not exceed the regular salary rate.

 

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

 

6.         If the teacher does not perform this Agreement, he/she shall repay to the City of Westfield in a sum representing one-twentieth (1/20th) of the total salary received while on sabbatical leave of absence for each month of the two (2) year period following the sabbatical leave that said teacher does not perform his/her duties for the Westfield Public Schools; provided, however, that the teacher may be released from such payment if his/her failure to serve the two (2) years as stipulated be due to his/her illness, disability, or death, or if he/she be discharged from his/her duties by the Westfield School Committee.  A teacher returning from sabbatical leave shall be placed on the step of the salary schedule he/she would have attained had he/she remained in the school system.

 

7.         The School Committee shall not be required to restore an employee on leave to his 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 leave; provided, however, that such employee on leave shall retain any preferential consideration for another position to which he may be entitled as of the date of his leave.  The pay-back provision of Paragraph 6 will be held in abeyance during the recall period.

 

 

ARTICLE XXIII

SUBSTITUTE TEACHERS

 

Positions which will be vacant for at least ninety (90) days will be filled by personnel who have met the state certification requirements.  Compensation will be in accordance with the salary schedule, Article IV, entitled Substitute Teachers.  If a certified substitute teacher is unavailable, such vacancies will be filled by qualified non-certificated personnel.

 

 

ARTICLE XXIV

PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

 

The Committee will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request and/or with the advance approval of their principal or immediate supervisor.

 

The parties agree that additional training and education as part of staff development programs are essential to the continued professional growth of staff members, recertification of staff, enhancement of the professional climate of the schools, and the maintenance of a quality education for the Westfield students and should be encouraged.

 

To that end, the following staff incentive program is established.

 

The School Committee agrees to set aside one percent (1%) of its annual professional personnel budget each year of the contract for professional development incentives to include such things as tuition reimbursement, continuing education credits and other professional educational activities both within and outside the district leading to recertification and/or professional improvement.

 

In order to be eligible for an incentive, a staff member must submit his/her proposal for prior approval.  Approval is contingent on the plan being consistent with system and school priorities and objectives as developed by the Superintendent, the building principals and School Councils.

 

Each individual plan, following recommendation by the building principal or appropriate supervisor, must be submitted to the Professional Development Incentive Committee composed of a building principal, Superintendent or his/her designee, a member of the School Committee or their designee and three (3) teachers designated by the Teachers Association.  Final determination will be made consistent with School District priorities.

 

In addition to the approval of plans submitted by staff, the Professional Development Incentive Committee will be responsible for the development of system wide proposals for professional development incentive activities consistent with system priorities and objectives within the one percent (l%) cap.

 

ARTICLE XXV

INDEMNIFICATION

 

If criminal or civil proceedings are brought against an employee, alleging that he committed a wrong while acting within the scope of his official duties or employment, the Committee will furnish and select legal counsel to defend him in such proceedings, if he so requests such assistance.  If an employee desires to bring criminal or civil proceedings in connection with an alleged assault suffered by him while acting within the scope of his official duties or employment, such teacher may request the Committee to furnish and select legal counsel to represent him in such proceedings.  If the Committee does not provide such counsel and the teacher, after having so requested in writing, prevails in the proceedings, then the Committee will reimburse the teacher for reasonable counsel fees incurred by him.

 

 

ARTICLE XXVI

PERSONAL INJURY BENEFITS

 

A.        Whenever an employee is absent from school as a result of personal injury or assault occurring in the course of his employment, he will be paid for his regular salary, less the amount he receives under Workmens' Compensation insurance, for the period of such absence and such absence will be charged to his annual or accumulated sick leave.

 

B.        The Committee will reimburse employees for:

 

1.         Any clothing or personal property damaged or destroyed in connection with such personal injury or assault occurring in the course of his employment less the amount of any insurance reimbursement; and

 

2.         The cost of medical, surgical or hospital service (less the amount of any insurance reimbursement) incurred as the result of any injury or assault sustained in the course of his employment.

 

 

ARTICLE XXVII

INSURANCE AND ANNUITY PLAN

 

A.        The Committee will pay the maximum percentage permitted by law not to exceed fifty percent (50%) [sixty percent (60%) for Blue Cross - Blue Shield]* of the cost of the following types of insurance coverage:

 

1.         A five thousand dollar ($5,000) term life insurance plan of the type presently available to teachers.

 

2.         Individual or family coverage, whichever applies in the particular case, for Blue Cross - Blue Shield of the type presently available to teachers [sixty percent (60%) to be paid by Employer]*.

 

3.         Any other health insurance plans which the Committee, following consultation with the Association, may desire to provide for teachers and/or retired teachers.

 

Sixty-five percent (65%) will be paid by the Employer when this is applicable to other

employees in the City.

 

B.        If two (2) or more teachers belong to a single family unit and are eligible for coverage under Paragraph A above under the same policy, each may, at his option, have his entitlement applied to the full cost of a single policy covering said family unit.

 

Employees are eligible to participate in a "tax sheltered" Annuity Plan established pursuant to United States Public Law No. 87-370 and Deferred Compensation Plans.

 

           

C.        Effective July 1, 2007 the parties agree that employees should contribute thirty percent (30%) of the HMO-Network Blue plan (individual or family), twenty percent (20%) for HMO Value Plus plan (individual or family), thirty-five percent (35%) for the Blue Choice plan, (individual or family), thirty-five percent (35%) for the HNE PPO plan (individual or family).  Eligible employees who begin work on or after July 1, 2007 shall be offered two (2) options for health insurance:  HNE PPO at the 65/35 percent split and HMO Value Plus at 80/20 percent split.  The parties further agree that the percentage contribution will not be subject to further negotiations during the life of the agreement.  A trust account will be established for employees on HMO Value Plus for reimbursement for hospitalization (up to five hundred dollars [$500] for individual and one thousand dollars [$1,000] for family), the amount to be established each fiscal year upon recommendation by the City’s insurance consultant sufficient to meet this obligation.

 

 

 

 

 

 

ARTICLE XXVIII

TEXTBOOKS

 

A.        The Committee will provide sufficient textbooks to insure that each pupil in a classroom has textbooks for his own use.

 

B.        Recognizing the statutory responsibility of the Principal with the approval of the Superintendent for the adoption of textbooks and also the professional competence and skills of the staff in relation to textbook and other learning material selection, the Association and the Superintendent agree that the selection of textbooks and other learning materials to be used in the schools shall continue to be cooperatively arrived at through joint consultation among teachers, administrators, and central administration, subject to final approval by the Superintendent.

 

 

ARTICLE XXIX

DUES DEDUCTION

 

A.        The Committee agrees to deduct from the salaries of its employees dues for the Westfield Education Association, Massachusetts Teachers Association and the National Education Association as said teachers individually and voluntarily authorize the Committee to deduct and to transmit the monies promptly to such Association or Associations.

 

B.        The Westfield Education Association will certify to the Committee in writing the current rate of its membership dues and the dues of its affiliates.  The Association agrees to give the Committee sixty (60) days written notice prior to the effective date of any change in the rate of its membership dues.

 

C.        Deductions referred to in Section A of this Article will be made in equal installments during the school year.  The Committee will not be required to honor for any week's deduction any authorizations that are delivered to it later than one (1) week prior to the distribution of the payroll from which the deductions are to be made.

 

D.        No later than September 30 of each year, the Committee will provide the Association with a list of those employees who have voluntarily authorized the Committee to deduct dues for any of the Associations named in Section A of this Article.  The Committee will notify the Association monthly of any changes in said list.  Any teacher desiring to have the Committee discontinue deductions he has previously authorized must give the Committee and the Association at least sixty (60) days written notice of discontinuance of authorization.

 

E.         It is specifically understood and agreed that the City of Westfield, the Westfield School Committee, its Officers and Agents, shall be saved harmless for such deductions under Section A of this Article.  For the purposes of this Article, the term "harmless" is defined as "any monies, once transmitted by the City of Westfield, the Westfield School Committee and its Officers and Agents to the Westfield Education Association/MTA/ NEA; the City of Westfield, the Westfield School Committee and its Officers and Agents, are no longer responsible for same."

 

 

ARTICLE XXX

AGENCY SERVICE FEE

 

As a condition of employment during the term of this Agreement, every member of the bargaining unit who is not also a member of the Association shall pay, or by payroll deduction, shall have paid to the Association an Agency Service Fee that shall be one hundred percent (100%) of the then current rate of dues payable by a member of the said Association, exclusive of any special assessments; the Committee and the Association having hereby stipulated and agreed that the sum so payable is proportionately commensurate with the cost to the Association of collective bargaining and contract administration.  Such fee so required to be paid shall be payable on or after the thirtieth (30th) day next following the beginning of employment of any such teacher, or on or after the thirtieth (30th) day next following the effective date of this Agreement, whichever shall be later.

 

Such fee may be paid by payroll deduction if so authorized pursuant to a payroll dues deduction authorization as set forth in Article XXIX, provided, however, that such authorization shall be deemed to have effect only with respect to such sum as is herein provided.

 

Any other provisions of this Agreement to the contrary notwithstanding, every teacher who shall have failed to fulfill the condition of employment as is herein prescribed shall be subject to immediate dismissal and shall be so dismissed by the Committee; provided, however, that such dismissal shall be effected by notice promptly issued by the Committee or its designee to such teacher after the Association shall have notified the Superintendent that such teacher has not fulfilled the condition herein prescribed.  The said notice shall be sent by registered mail, return receipt requested, and shall give such teacher fourteen (14) days from the date of its receipt to fulfill the said condition.  Within the said fourteen (14) days the Committee or its designee shall grant such teacher such opportunity to respond to the said notice.

 

Whenever such teacher shall not have fulfilled the condition herein prescribed within the said fourteen (14) days, the Committee shall act to dismiss him at its meeting next following the expiration of the said fourteen (14) days; provided, however, that the Committee need not so act if such teacher fulfills the said condition prior to the date of such meeting.

 

The Association will indemnify, defend and hold the School Committee harmless against any suit instituted against the School Committee on account of any check-off of Association dues (Westfield Education Association, Massachusetts Teachers Association, National Education Association) or agency fee as required under this Agreement.

 

It is agreed to by the Association and the Committee that such agency service fee shall be a condition of employment only for full or part time school day/school year employees of the Committee.

 

 

ARTICLE XXXI

SENIORITY

 

A.        "Seniority" means a teacher's length of service in years, months and days in the bargaining unit as of his/her last date of employment by the Committee or for those hired after June 18, 1993, by the Superintendent.

 

The following leaves of absence will be credited for seniority purposes:

 

1.         Military leaves as required by law.

2.         Sabbatical leave.

3.         Eight (8) weeks maternity leave.

4.         All leaves provided under Articles XVIII and XX.

5.         Any other leaves governed by statute.

B.        A list specifying the seniority of each member of the bargaining unit will be prepared by the Committee and forwarded to the President of the Association no later than October 15th of each school year.

 

 

ARTICLE XXXII

GENERAL

 

A.        There will be no reprisals of any kind taken against any teacher by reason of his membership in the Association or participation in its activities.

 

B.        1.         If negotiation meetings between the Committee and the Association are scheduled during a school day, the representatives of the Association will be relieved from all regular duties without loss of pay as necessary in order to permit their participation in such meetings.  Under extreme and emergency conditions when it is necessary for representatives of the Association to schedule meetings during the school day in order to prepare for negotiations, not more than five (5) such representatives at one time will, upon notice to the Superintendent of Schools by the President of the Association, be released as necessary in order to permit participation in such meetings provided, however, that their salary will be reduced by the cost to the Committee of employing necessary substitutes.  When it is necessary, pursuant to Article III (Grievance Procedure), for a School Representative, member of PR&R Committee, or other representative designated by the Association to investigate a grievance or attend a grievance meeting or hearing during the school day, he will, upon notice to his principal or immediate superior, and to the Superintendent, by the Chairman of the PR&R Committee, be released without loss of pay as necessary in order to permit participation in the foregoing activities.  Any teacher whose appearance in such investigations, meetings or hearings as a witness is necessary will be accorded the same right.  The Association agrees that these rights will not be abused.

 

2.         The President of the Westfield Education Association will be released from all duties one-half (½) day per month for Association business.  The parties agree to consider expansion of the current half day release time per month, in consultation with the School Superintendent, if the needs of the District so dictate. The President, if he/she is a secondary level (6-12) teacher, will be relieved of any duties.The President agrees to utilize this time, in part, in activities to foster labor-management cooperation and will include within his activities meetings with the Superintendent and school administration to further those efforts.  In addition, the President shall be released to attend the quarterly meetings of the urban teachers association.

 

C.        Teachers will be entitled to full rights of citizenship, and no religious political activities of any teacher or the lack thereof will be grounds for any discipline or discrimination with respect to the professional employment of such teacher.  Such activities will be consistent with the stated code of ethics of the teaching profession.

 

D.        The Committee will, upon request, provide the Association with any documents which will assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of the teachers and their students, together with any other available information which may be necessary for the Association to process grievances under this Agreement.

 

E.         The Association will be provided with copies of minutes of official Committee meetings and all other official printed materials that are distributed to Committee members at official meetings as soon as possible after such meetings.  A copy of the official agenda of the meeting, and any attached documents which are provided the press, will be given to the Association prior to said meeting.

 

F.         Copies of this Agreement will be printed at Committee expense in such format as the Committee deems appropriate and a copy given to each teacher in the employ of the Westfield School System.

 

G.        If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

 

H.        This Agreement constitutes Committee policy in respect to teachers' wages, hours and other conditions of their employment and the Committee will carry out the commitments contained herein and give them full force and effect as Committee policy.  The Committee will amend its Administrative Regulations and take such other actions as may be necessary in order to give full force and effect to the provisions of this Agreement.

 

 

ARTICLE XXXIII

MANAGEMENT RIGHTS

 

The exercise by the Committee, Superintendent and Principals of any of the following rights shall not alter any of the specific provisions of this Agreement; nor shall they be used to discriminate against any member of the bargaining unit.

 

The parties agree that the operation of the School Department of Westfield, the supervision of the employees and of their work are the rights of the Committee, its Superintendent and Principals alone.  Accordingly, subject to the provisions of this Agreement and M.G.L.A. 150-E, the making of reasonable rules to ensure orderly and effective work, to determine the quantity and types of equipment to be used; to introduce new methods and facilities; the making of work schedules, the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, lay-off, recall, discipline or discharge of employees for just cause without discrimination, are rights of the Committee in determining policy, the rights of the Principals with the approval of the Superintendent in all operational matters including the discipline of staff.

 

The foregoing enumeration or the Committee's rights shall not be deemed to exclude other rights not specifically set forth, the Committee therefore retaining all rights not otherwise specifically restricted by this Agreement.

 

 

 

 

 

 

 

ARTICLE XXXIV

NO-STRIKE/NO-LOCKOUT

 

The Association agrees that for the duration of this Agreement it shall not engage in a strike, nor shall it induce, encourage, or condone any strike, work stoppage, slowdown or withholding of service.

 

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, unions or associations who are not signatory parties to this Agreement.

 

In consideration of the foregoing, the School Committee agrees that for the duration of this Agreement there shall be no lockouts or interference in the performance of teacher work by the Committee or its Agents.

 

Employees who violate this provision shall be subject to disciplinary action, including discharge for just cause.

 

The above shall not alter any rights of teachers, the Association, the School Committee or its Agents as provided in M.G.L.A. c. 150E.

 

If the School Committee claims the Association has violated any provision of this Article, it may present such claim to the Association in writing.  The President of the Association shall arrange for a meeting between the School Committee's representatives and the Association or its representatives to take place within ten (10) calendar days.  Upon conclusion of the meeting, the Association will provide the School Committee with its written decision within ten (10) calendar days.  If the claim is not resolved, the School Committee may submit the dispute to arbitration under the procedures described in Article III of this Agreement.

 

 

ARTICLE XXXV

PRORATION OF SALARIES

 

Any teacher who is hired to less than a full time position, or any teacher whose teaching assignment is diminished to less than full time, will be compensated on a pro rata basis for the time actually worked.

 

 

ARTICLE XXXVI

EVENING PARENTAL CONFERENCES

 

A.        Evening conferences will be held in the Fall and in the Spring.

 

B.        The conferences will be held on days built into the school calendar which provides for early dismissal of students and release time for teachers.  Dismissal times will be as listed on the school calendar adopted by the School Committee.

 

C.        The conference will be held between 6:30 p.m. and 8:30 p.m.

 

D.        The individual conferences will be by appointment.

 

E.         Elementary and Secondary Conferences will not be held on the same evening.

 

 

ARTICLE XXXVII

STANDING CURRICULUM COMMITTEES

 

A.        Teachers serving on standing curriculum committees will be compensated at the hourly rate set out in Article IV, G. The need for curriculum revision and/or development in any given discipline will be determined by the Superintendent.

 

B.        Appointment to serve on a standing curriculum committee will be in accordance with Article IV, G.  The hourly rate will be part of the posting notice.

 

 

ARTICLE XXXVIII

LONGEVITY PAY

 

A.        Teachers who on August 25 of each year have completed the following number of complete years of service in the Westfield Schools will receive the following compensation:

 

15-19 years                               $   900

20-24 years                                 1,250

25-29 years                                 2,000

30 or more years                         2,700

 

B.        This longevity compensation will be added to the base salary referenced in Appendix A, to determine the teacher's annual compensation.

 

C.        In computing the complete years of service in paragraph A, credit for one-half (½) of the prior full years of service with other school systems will be allowed.

 

 

 

 

 

 

ARTICLE XXXIX

READING TEACHERS

 

A.        For the specific purpose of Article X - Teacher Assignment, Article XII - Reduction-in-Force, Article XI - Transfers and the Agreement in general, reading teachers will be considered a system wide department, with specific building assignments within the said department.

 

B.        Reasonable assignments will be made by the Superintendent of Schools or his designee, consistent with the provisions of this Agreement.

 

C.        Seniority is defined in accordance with Article XXXI - Seniority, of the collective bargaining agreement.

 

D.        Sources of funding (e.g., Title I, Chapter 766, City Funds) will have no impact on the application of this Article.

 

 

ARTICLE XXXX

DANCE SUPERVISION - WESTFIELD HIGH SCHOOL

WESTFIELD MIDDLE SCHOOL, AND WESTFIELD VOCATIONAL SCHOOL

 

A.        Twenty-nine dollars and fifty-four cents ($29.54) per hour with a four (4) hour guaranteed minimum. 

 

B.        Procedure for assignment will be a rotating alphabetical roster, with provision that the assigned teacher(s) may recruit a volunteer (from the faculty) who would assume the responsibility of the assignment.  The volunteer while receiving the compensation for dance supervision would still have to take his/her assigned supervision when his/her turn on the roster is reached, subject of course to their getting a volunteer, etc.

 

The procedure for the above volunteer coverage will require adequate advance notice to the Administrator in charge of Dance Supervision as to who the substitute teacher will be.

 

C.        The Association agrees to recognize dance supervision at Westfield High School, Westfield Middle School, and Westfield Vocational School as a contractual obligation and condition of employment for all Westfield High School, Westfield Middle School, and Westfield Vocational School Teachers.

 

D.        Advisors to clubs and activities who sponsor dances are not eligible for the above compensation and their attendance at dances will continue to be considered mandatory.

 

 

 

ARTICLE XXXXI

SUPERVISION ASSIGNED DUTIES - WESTFIELD HIGH SCHOOL,

WESTFIELD MIDDLE SCHOOL, AND WESTFIELD VOCATIONAL SCHOOL

 

A.        Faculty members of Westfield High School, Westfield Middle School and Westfield Vocational School shall be compensated at the rate of twenty-nine dollars and fifty-four cents ($29.54) per hour with a four (4) hour guaranteed minimum for supervising certain other assigned duties (e.g., plays, movies, class variety shows, gong shows). 

 

Specifically excluded from the terms of this Article are Graduation activities and Open House activities.

 

B.        Procedure for the assignment will be a rotating alphabetical roster, with the provision that the assigned teacher(s) may recruit a volunteer from the School faculty who would assume the responsibility of the assignment.

 

The volunteer while receiving the compensation for this supervision would still have to take his/her assigned supervision when his/her turn on the roster is reached, subject of course to their getting a volunteer, etc.  The procedure of the above volunteer coverage will require adequate advance notice to the administrator in charge of the supervision as to who the substitute teacher will be.

 

C.        The Association agrees to recognize those certain other assigned duties at Westfield High School, Westfield Middle School and Westfield Vocational School as a contractual obligation and condition of employment for all Westfield High School, Westfield Middle School, and Westfield Vocational School Teachers.

 

 

ARTICLE XXXXII

DURATION

 

These Agreements shall continue in full force and effect from August 25, 2007 through August 24, 2010.  Collective bargaining for a new Agreement, to become effective upon the expiration of this Agreement, may be initiated by either party by October 1, 2009 by giving written notice to the other party.  If negotiations are not completed by August 24, 2010, the provisions of this Agreement will remain in full force and effect until said successor agreement is executed.  Providing, however, either party can terminate this Agreement after August 24, 2010 by mailing written notice of their intention to terminate the Agreement.  Said written notice must be served at least forty-five (45) calendar days prior to the actual termination.  The actual termination shall be no earlier than October 15, 2010.

 

           

 

The parties agree to revisit the issues relating to conformity with the Education Reform Act no later than February of each year of the contract at the request of either party to review any legal or legislative changes and to take appropriate action as deemed necessary.

 

IN WITNESS WHEREOF, the parties hereunto set their hands and seals this ____th day of October, 2007.

 

WESTFIELD SCHOOL COMMITTEE

 

 

By                                                                              

      Acting Chairperson

 

By _______________________________________

      Vice-Chairperson

 

 

WESTFIELD EDUCATION ASSOCIATION

 

 

By                                                                                          

      President

348718 v.01


 

Appendix A(new scales need to be inserted)

 

 

 

 

 

 

 

SALARIES EFFECTIVE AUGUST 25, 2004

 

 

 

 

 

 

 

 

 

 

STEP

B

M

M+30

CAGS/M+45

M+60

DOCTOR

 

 

2

31375

34498

37372

38891

39669

40248

 

 

 

 

 

 

 

 

 

 

 

3

32718

35863

38732

40248

41052

41620

 

 

 

 

 

 

 

 

 

 

 

4

35234

38422

41331

42868

43725

44244

 

 

 

 

 

 

 

 

 

 

 

5

36237

39396

42287

43809

44684

45170

 

 

 

 

 

 

 

 

 

 

 

6

37585

40766

43654

45171

46074

46538

 

 

 

 

 

 

 

 

 

 

 

7

38933

42134

45012

46541

47472

47907

 

 

 

 

 

 

 

 

 

 

 

8

40288

43495

46380

47907

48866

49270

 

 

 

 

 

 

 

 

 

 

 

9

41635

44853

47745

49271

50256

50637

 

 

 

 

 

 

 

 

 

 

 

10

43255

46493

49382

50914

51932

52275

 

 

 

 

 

 

 

 

 

 

 

11

44882

48130

51022

52553

53604

53916

 

 

 

 

 

 

 

 

 

 

 

12

46940

50712

54680

56283

57408

58771

 

 

 

 

 

 

 

 

 

 

 

13

49329

53293

57462

59147

60330

61762

 

 

************

************

*************************

************************************

***************

 

 

14*

52329

56293

60462

62147

63330

64762

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*Eligibility based on 20 years in education plus 15 years in Westfield. (see approppriate forms)

 

 

 

SALARIES EFFECTIVE AUGUST 25, 2005

 

 

 

 

 

 

 

 

 

 

STEP

B

M

M+30

CAGS/M+45

M+60

DOCTOR

 

 

2

32316

35533

38494

40058

40859

41455

 

 

 

 

 

 

 

 

 

 

 

3

33700

36938

39894

41455

42284

42869

 

 

 

 

 

 

 

 

 

 

 

4

36291

39574

42571

44154

45037

45571

 

 

 

 

 

 

 

 

 

 

 

5

37324

40578

43555

45123

46025

46525

 

 

 

 

 

 

 

 

 

 

 

6

38712

41989

44964

46526

47456

47934

 

 

 

 

 

 

 

 

 

 

 

7

40101

43398

46362

47937

48897

49345

 

 

 

 

 

 

 

 

 

 

 

8

41497

44799

47772

49345

50331

50748

 

 

 

 

 

 

 

 

 

 

 

9

42884

46199

49177

50749

51764

52156

 

 

 

 

 

 

 

 

 

 

 

10

44552

47888

50863

52442

53490

53844

 

 

 

 

 

 

 

 

 

 

 

11

46229

49574

52552

54130

55212

55533

 

 

 

 

 

 

 

 

 

 

 

12

48348

52233

56320

57972

59131

60535

 

 

 

 

 

 

 

 

 

 

 

13

50809

54892

59186

60921

62140

63615

 

 

**********************************************************

***************************************************

 

 

14*

53809

57892

62186

63921

65140

66615

 

 

 

 

 

 

 

 

 

 

 

15*

56809

60892

65186

66921

68140

69615

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*Eligibility based on 20 years in education plus 15 years in Westfield. (see appropriate forms)

 

 

 

SALARIES EFFECTIVE AUGUST 25, 2006

 

 

 

 

 

 

 

 

STEP

B

M

M+30

CAGS/M+45

M+60

DOCTOR

 

2

33285

36599

39648

41259

42085

42699

 

 

 

 

 

 

 

 

 

3

34711

38047

41091

42699

43552

44155

 

 

 

 

 

 

 

 

 

4

37379

40761

43848

45478

46388

46938

 

 

 

 

 

 

 

 

 

5

38443

41795

44862

46477

47405

47920

 

 

 

 

 

 

 

 

 

6

39874

43249

46313

47921

48880

49372

 

 

 

 

 

 

 

 

 

7

41304

44700

47753

49376

50363

50825

 

 

 

 

 

 

 

 

 

8

42742

46143

49205

50825

51841

52270

 

 

 

 

 

 

 

 

 

9

44171

47585

50652

52271

53317

53721

 

 

 

 

 

 

 

 

 

10

45889

49324

52389

54015

55095

55459

 

 

 

 

 

 

 

 

 

11

47616

51062

54129

55753

56869

57199

 

 

 

 

 

 

 

 

 

12

49798

53800

58010

59711

60905

62351

 

 

 

 

 

 

 

 

 

13

52333

56539

60961

62749

64004

65523

 

************

*********************************************************************

***************

***************

 

14*

55333

59539

63961

65749

67004

68523

 

 

 

 

 

 

 

 

 

15*

58333

62539

66961

68749

70004

71523

 

 

 

 

 

 

 

 

 

16*

61333

65539

69961

71749

73004

74523

 

 

 

 

 

 

 

 

 

*Eligibility based on 20 years in education plus 15 years in Westfield. (see appropriate forms)

As part of the performance of regular duties under the Teachers bargaining unit, teaching personnel may be assigned the responsibility of after school or summer school (sped) program supervisors, duties in maintenance of computer equipment or other program maintenance work, and duties relating to the monitoring and staffing of athletic events, upon the request of school administration and upon agreement of the employee.  It is recognized that such assignment would entail work outside of the regular work day and each employee assigned to perform such functions shall receive an hourly rate, per the Unit A contract.

 

Teachers who have earned National Teacher Certification who possess a Master’s Degree shall be at M+60 column provided the Commonwealth does not pay the stipend.

 


Nurses Scale (RN)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Effective

 

Effective

 

Effective

 

 

 

 

8/25/2004

 

8/25/2005

 

8/25/2006

 

 

 

 

 

 

 

 

 

 

 

1st Year

 

27422

 

28244

 

29092

 

 

2nd Year

 

28375

 

29227

 

30103

 

 

3rd Year

 

29400

 

30282

 

31191

 

 

4th Year

 

30386

 

31297

 

32236

 

 

5th Year

 

31375

 

32316

 

33286

 

 

6th Year

 

32408

 

33381

 

34382

 

 

7th Year

 

33543

 

34549

 

35585

 

 

8th Year

 

34531

 

35567

 

36634

 

 

9th Year

 

35487

 

36551

 

37648

 

 

10th Year

 

36413

 

37505

 

38631

 

 

 

 

 

 

 

 

 

 

 

This scale applies to Nurses who have not attained a Bachelor's Degree.

 

 

 

 

 

 

 

 

 

 

It is acknowledged by the Association that the following position titles are not considered teachers for employment purposes and, therefore, not subject to the State Teacher Certification requirements nor statutory protections of teachers:  Occupational Therapist, Placement Coordinator/VOC, Outreach Worker.

 

 

 

 

 

 

 

 

 

-

Nurses with BS or Advanced Degree will be given full access to salary schedule.

-

Nurses may be assigned up to one (1) teaching period in Health Education per day.  This change will not cause a reduction in staff.

-

Nurses will be  allowed to meet once a month from 7:30 - 8:30 a.m. (nurse is responsible for letting principal know they will be out of the building for that time).

-

Nurses will attend all faculty meetings.

 

 

 

 

-

Nurses will participate in sport physicals as needed within the work year.

 

-

Nurses will be trained as trainers for the purpose of providing CPR training to faculty and staff.  They will receive compensation for any training or teaching conducted beyond their workday and/or work year.

 


APPENDIX B

 

SALARIES FOR EXTRA-CURRICULAR ACTIVITIES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8/25/2004

 

8/25/2005

 

8/25/2006

BASEBALL

 

 

 

 

 

Head Coach**

 

 

 

 

 

Step 1

2774

 

2858

 

2943

Step 2

2930

 

3018

 

3109

Step 3

3082

 

3175

 

3270

Assistant Coach

 

 

 

 

 

Step 1

1541

 

1587

 

1635

Step 2

1696

 

1747

 

1800

Step 3

1850

 

1906

 

1963

Freshman Coach

 

 

 

 

 

Step 1

1391

 

1433

 

1476

Step 2

1541

 

1587

 

1635

Step 3

1666

 

1716

 

1767

BASKETBALL

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

3379

 

3481

 

3585

Step 2

3566

 

3673

 

3783

Step 3

3753

 

3865

 

3981

Assistant Coach

 

 

 

 

 

Step 1

1878

 

1934

 

1992

Step 2

2063

 

2125

 

2189

Step 3

2251

 

2319

 

2388

Freshman Coach

 

 

 

 

 

Step 1

1689

 

1740

 

1792

Step 2

1878

 

1934

 

1992

Step 3

2064

 

2126

 

2190

CROSS COUNTRY

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

1980

 

2039

 

2101

Step 2

2090

 

2153

 

2217

Step 3

2200

 

2266

 

2334

Assistant Coach

 

 

 

 

 

Step 1

1100

 

1133

 

1167

Step 2

1210

 

1246

 

1284

Step 3

1320

 

1360

 

1400

FOOTBALL

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

4862

 

5008

 

5158

Step 2

5135

 

5289

 

5447

Step 3

5404

 

5566

 

5733

Assistant Coach

 

 

 

 

 

Step 1

2701

 

2782

 

2865

Step 2

2972

 

3061

 

3153

Step 3

3242

 

3339

 

3439

Freshman Coach

 

 

 

 

 

Step 1

2431

 

2504

 

2579

Step 2

2701

 

2782

 

2865

Step 3

2971

 

3060

 

3152

Assistant Freshmen Coach

 

 

 

 

 

Step 1

1930

 

1988

 

2047

Step 2

1953

 

2012

 

2072

Step 3

2229

 

2296

 

2364

GOLF

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

1929

 

1987

 

2046

Step 2

2036

 

2097

 

2160

Step 3

2143

 

2207

 

2274

Assistant Coach

 

 

 

 

 

Step 1

1072

 

1104

 

1137

Step 2

1179

 

1214

 

1251

Step 3

1286

 

1325

 

1365

HOCKEY

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2972

 

3061

 

3153

Step 2

3138

 

3232

 

3329

Step 3

3302

 

3401

 

3503

Assistant Coach

 

 

 

 

 

Step 1

1652

 

1702

 

1753

Step 2

1818

 

1872

 

1928

Step 3

1980

 

2039

 

2100

SKIING

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2528

 

2603

 

2681

Step 2

2663

 

2743

 

2825

Step 3

2807

 

2891

 

2978

Assistant Coach

 

 

 

 

 

Step 1

1404

 

1446

 

1489

Step 2

1544

 

1591

 

1638

Step 3

1683

 

1733

 

1785

SOCCER

 

 

 

 

 

Head Coach

2894

 

2981

 

3070

Step 1

3055

 

3147

 

3241

Step 2

3215

 

3311

 

3411

Step 3

 

 

 

 

 

Assistant Coach

 

 

 

 

 

Step 1

1608

 

1656

 

1705

Step 2

1769

 

1822

 

1876

Step 3

1929

 

1987

 

2046

Freshman Coach

 

 

 

 

 

Step 1

1447

 

1491

 

1536

Step 2

1608

 

1656

 

1705

Step 3

1769

 

1822

 

1876

TENNIS

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

1787

 

1841

 

1896

Step 2

1886

 

1943

 

2001

Step 3

1986

 

2046

 

2107

GYMNASTICS

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2701

 

2782

 

2865

Step 2

2851

 

2936

 

3025

Step 3

3001

 

3091

 

3184

Assistant Coach

 

 

 

 

 

Step 1

1608

 

1656

 

1705

Step 2

1769

 

1822

 

1876

Step 3

1929

 

1987

 

2046

TRACK

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2701

 

2782

 

2865

Step 2

2851

 

2936

 

3025

Step 3

3001

 

3091

 

3184

Assistant Coach

 

 

 

 

 

Step 1

1608

 

1656

 

1705

Step 2

1769

 

1822

 

1876

Step 3

1929

 

1987

 

2046

WINTER TRACK

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

1980

 

2039

 

2101

Step 2

2090

 

2153

 

2217

Step 3

2200

 

2266

 

2334

Assistant Coach

 

 

 

 

 

Step 1

1100

 

1133

 

1167

Step 2

1210

 

1246

 

1284

Step 3

1320

 

1360

 

1400

WRESTLING

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2972

 

3061

 

3153

Step 2

3138

 

3232

 

3329

Step 3

3302

 

3401

 

3503

Assistant Coach

 

 

 

 

 

Step 1

1652

 

1702

 

1753

Step 2

1818

 

1872

 

1928

Step 3

1980

 

2039

 

2100

FIELD HOCKEY-GIRLS

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2701

 

2782

 

2865

Step 2

2851

 

2936

 

3025

Step 3

3001

 

3091

 

3184

Assistant Coach

 

 

 

 

 

Step 1

1500

 

1545

 

1592

Step 2

1650

 

1700

 

1751

Step 3

1800

 

1854

 

1910

SOFTBALL-GIRLS

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2774

 

2858

 

2943

Step 2

2930

 

3018

 

3109

Step 3

3082

 

3175

 

3270

Assistant Coach

 

 

 

 

 

Step 1

1541

 

1587

 

1635

Step 2

1696

 

1747

 

1800

Step 3

1850

 

1906

 

1963

Freshman Coach

 

 

 

 

 

Step 1

1391

 

1433

 

1476

Step 2

1541

 

1587

 

1635

Step 3

1696

 

1747

 

1800

LACROSSE

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2825

 

2910

 

2997

Step 2

2981

 

3071

 

3163

Step 3

3140

 

3234

 

3331

Assistant Coach

 

 

 

 

 

Step 1

1570

 

1617

 

1665

Step 2

1728

 

1780

 

1833

Step 3

1883

 

1939

 

1998

Junior Varsity

 

 

 

 

 

Step 1

1570

 

1617

 

1665

Step 2

1728

 

1780

 

1833

Step 3

1883

 

1939

 

1998

SWIMMING

 

 

 

 

 

Head Coach

2963

 

3052

 

3144

Step 1

3124

 

3218

 

3315

Step 2

3290

 

3388

 

3490

Step 3

 

 

 

 

 

Assistant Coach

 

 

 

 

 

Step 1

1646

 

1696

 

1747

Step 2

1811

 

1865

 

1921

Step 3

1975

 

2034

 

2095

VOLLEYBALL

 

 

 

 

 

Head Coach

 

 

 

 

 

Step 1

2230

 

2297

 

2366

Step 2

2354

 

2425

 

2498

Step 3

2479

 

2553

 

2630

Assistant Coach

 

 

 

 

 

Step 1

1241

 

1279

 

1317

Step 2

1363

 

1404

 

1446

Step 3

1487

 

1532

 

1578

INTRAMURALS

 

 

 

 

 

Spring

674

 

694

 

715

Fall

674

 

694

 

715

Winter  

1009

 

1039

 

1070

CHEERLEADING

 

 

 

 

 

Head Coach (Fall)

 

 

 

 

 

Step 1

1530

 

1576

 

1623

Step 2

1615

 

1663

 

1713

Step 3

1700

 

1751

 

1804

Assistant Coach (Fall)

 

 

 

 

 

Step 1

850

 

876

 

902

Step 2

935

 

963

 

992

Step 3

1020

 

1051

 

1082

Head Coach (Winter)

 

 

 

 

 

Step 1

1530

 

1576

 

1623

Step 2

1615

 

1663

 

1713

Step 3

1700

 

1751

 

1804

Assistant Coach (Winter)

 

 

 

 

 

Step 1

850

 

876

 

902

Step 2

935

 

963

 

992

Step 3

1020

 

1051

 

1082

 

 

 

 

 

 

ATTENDANCE COMMITTEE CHAIRPERSON