Blue Hills RVTSD

AGREEMENT

BETWEEN THE

BLUE HILLS REGIONAL SCHOOL DISTRICT COMMITTEE

AND THE

BLUE HILLS REGIONAL TECHNICAL SCHOOL EDUCATIONAL

ASSOCIATION, INC.

(2008-2011)

 

AGREEMENT

This AGREEMENT is entered into this 23^rd day of September, 2008, between the BLUE HILLS REGIONAL SCHOOL DISTRICT COMMITTEE (hereinafter referred to as the "COMMITTEE") and the BLUE HILLS EDUCATIONAL ASSOCIATION (hereinafter referred to as the "ASSOCIATION") affiliated with the Massachusetts Teachers' Association and the National Education Association.

Recognizing that our prime responsibility and purpose is to provide education of the highest possible quality for the Blue Hills Regional School District while realizing the most effective and prudent use of the tax monies expended toward achieving that end; and realizing that good morale and effective use of the ideas and experience of the professional educators on the staff is both essential and fundamental to the achievement of that purpose, we, the undersigned parties to this Agreement, do hereby declare that:

A.        Under the law of Massachusetts, the Committee elected by the citizens of Avon, Braintree, Canton, Dedham, Holbrook, Milton, Norwood, Randolph and Westwood, which Towns comprise the Blue Hills Regional School District has final and ultimate responsibility for establishing the educational policies of the Blue Hills Regional Vocational Technical School.

B.        The Superintendent-Director of Blue Hills has the responsibility for effectuating and implementing the policies so promulgated by the Committee.

C.        The teaching staff of Blue Hills has the primary professional responsibility for providing total education of the highest possible quality both in and out of the classroom.

D.        Fulfillment of these several responsibilities can best be facilitated and realized by consultations and the free exchange of professional views and information between staff in the formulation, application, and clear identification of those policies as they affect and define wages, hours, and other working conditions of employment for the teaching staff, wherefore the parties have executed this Agreement.

This Agreement is a complete agreement between the parties covering all the mandatory subjects of discussion. The parties agree that the relations between them shall be governed by the terms of this Agreement only. All matters not dealt with herein shall be treated as having been brought up and disposed of and the Committee shall be under no obligation to discuss with the Association any modifications or additions to this Agreement which are to be effective during the term thereof. No change or modification of this Agreement shall be binding on either the Committee or the Association unless reduced to writing and executed by the respective duly authorized representatives.

In Witness thereof the Parties set their hands and Seals on this day of, 2008, at Canton, Massachusetts, and thereby agree to the terms and duration of this Agreement.

BLUE HILLS REGIONAL SCHOOL                           BLUE HILLS EDUCATIONAL

DISTRICT COMMITTEE                                             ASSOCIATION, INC.

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ARTICLE I

RECOGNITION

1.1.1          Subject to any applicable provisions of State or Federal law or regulation now or hereafter in effect, the Committee recognizes the Association as the exclusive collective bargaining representative of the High School teaching faculty under contract to the Blue Hills Regional School District, as more fully described in the units below in 1.2.1 hereof, pursuant to the terms and valid administrative interpretations of Chapter 150E of the General Laws, and any subsequent amendments thereto.

1.1.2          Consistent with law, the Committee agrees to give the Association reasonable notice of its intent to change, alter, or modify existing wages, hours, and conditions of employment of any high school faculty member employed by the Blue Hills Regional School District as specified in 1.2.1 of this Article. The Committee further agrees to extend to the Association an opportunity to present their positions and otherwise negotiate the Committee's proposal to change, alter, or modify said mandatory subjects of bargaining and its effects upon the teaching staff.

1.2.1     The Collective Bargaining Units represented by the Association and recognized by the Committee in 1.1.1 hereof, are described as follows:

Unit A: All full-time high school classroom, shop and laboratory faculty of the Blue Hills Regional School District including Cluster Chairs, Lead Teachers, Director of Athletics, Athletic Coaches, Speech and Reading Instructors, Special Education Instructors, Librarian, Guidance Counselors, Adjustment Counselors, School Psychologist, Counselor/Recruiter, School Nurse, and LPN Instructors. Effective September 1, 2008 the position of Cluster Chair is eliminated.

Unit B: All instructors of the high school afternoon, evening and summer programs of the Blue Hills Regional School District and other programs which the District may initiate after the execution of this Agreement.

1.2.2      The Bargaining Units will not include the Superintendent-Director, Assistant Directors, Purchasing Agents, Director of Guidance and Admissions, Directors, Clerical Employees, Personnel employed under contract to the Federal Government by the Blue Hills Regional School District under Federal Grants for special projects, Custodial Employees, School Doctor, Personnel, and other part-time instructional and non-instructional employees, and such other employees who regularly possess as an integral part of their duties the right to hire, fire, discipline, reprimand, promote, demote, transfer and settle grievances, or who effectively recommend that such action be taken by the utilization, among other things, of their independent discretion and judgment.

1.3.1      The full-time faculty described in 1.2.1, Unit "A", shall at all times have the benefit of the contract except as follows:

a.)        Student Services Personnel (Guidance, Adjustment Counselors, School Psychologist) and School Nurse -

Paragraphs 4.3.2, 4.3.2.1, 4.3.4, 4.5.4, and 4.6.1, 4.6.3, 4.6.4, and 4.6.5 of Article IV, Hours and Load; Article V, Class and Shop Size; and Article XXI, Substitute Teachers, shall not apply; and,

b.)        PN Instructors - Articles IV, Hours and Load, XXI, Substitute Teachers, and XXII, Textbook and Tools, shall not apply; as to these matters, the past practices of the parties, as set forth in the Side Letter of Understanding appended as Appendix J, shall govern.

1.3.2      The faculty described in 1.2.1 Unit "B" shall at all times have the benefit of the following: Articles I, II, III, XIV, XIX, XXII, XXV, XXVIII, XXIX.

1.4         If any of the Provisions of this agreement shall in any manner conflict with current Federal or Massachusetts law, such provisions shall be considered null and void and shall not be binding on the parties hereto.

ARTICLE II

GRIEVANCE PROCEDURE

2.1       Definitions

2.1.1        A grievance is hereby defined to mean a dispute involving the meaning, interpretation, or application of this contract.

2.1.2        An "aggrieved person" is the person or persons making the claim.

2.1.3        A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

2.1.4        If, in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such a grievance in writing to the Superintendent in a form which contains all information which is relevant and pertinent to grievance and the processing of the grievance will be commenced at Level Two.

If a grievance is in response to an action taken by the Superintendent, then the processing of the grievance will be commenced at Level Two.

2.2      Purpose

2.2.1        The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems, which may from time to time arise affecting the welfare or working conditions of those covered by this contract. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2.2.2        Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.

2.3      Time Limits

2.3.1        The time limits specified may be extended by mutual agreement. In the event a grievance is filed on or after June 1st, which if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as is practicable.

2.3.2        If an aggrieved person does not file a grievance in accordance with Section 2.4 below within thirty (30) school days after the aggrieved person knew or should have known of the act or condition on which the grievance is based, the grievance will be considered waived. A dispute as to whether a grievance has been waived under the paragraph will be subject to arbitration pursuant to 2.4.4.

2.4       Procedure

2.4.1      Level One A person with a grievance will submit the grievance in writing to his or her Director with a copy to the Superintendent. The aggrieved person will then meet with the Director to discuss the grievance, either directly or through a member of the Association, with the objective of resolving the matter informally. In the event the School Nurse is aggrieved, such School Nurse will meet at Level I with the Assistant Superintendent.

The decision rendered at Level I will be in writing setting forth the decision and the reason therefore and will be transmitted promptly to the Association and the Superintendent-Director.

2.4.2      Level Two If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within ten (10) school days after presentation of the grievance he/she may file the grievance in writing with the Association and present a copy to his/her Director within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner. Within five school days after receiving the written grievance, the Association will refer it to the Superintendent or the designated representative of the Superintendent.

2.4.2.2    The Superintendent or the designated representative of the Superintendent will represent the administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent will meet with the aggrieved person and/or his/her Association representative in an effort to resolve it.

2.4.3      Level Three

2.4.3.1  If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered within ten (10) school days after he/she has first met with the Superintendent or his/her designee, he/she may file the grievance in writing with the Association within five (5) school days after the decision by the Superintendent, or the designated representative of the Superintendent, or fifteen (15) school days after he/she first met with the Superintendent, or designated representative of the Superintendent, whichever is sooner. Within five (5) school days after receiving the written grievance, the Association will refer it to the Committee. Within fifteen (15) school days after receiving the written grievance, or at its next regular Committee meeting, a Sub-Committee of the Committee (hereinafter referred to as the "Sub-Committee") of the full Committee will meet with the aggrieved person and an Association representative, if the aggrieved person so desires, for the purpose of resolving the grievance. The ultimate decision on the grievance at Level Three will, however, be rendered by the full Committee.

2.4.4    Level Four

2.4.4.1     In the event that the grievance has not been satisfactorily disposed of at Level Three, or in the event that no decision has been rendered within fourteen (14) school days after the Level Three meeting, the Association may refer, in writing, within ten (10) school days of the disposition under Level Three, the unsettled grievance to arbitration. The arbitrators shall be selected by agreement between the parties. If after fifteen (15) school days the parties are unable to agree upon an arbitrator, the selection of the arbitrator will be made by the American Arbitration Association in accordance with its rules and regulations.

2.4.4.2     The arbitrator shall be without power or authority to modify or alter the terms of this contract.

2.4.4.3     The decision of the arbitrator shall be in writing and shall be rendered within twenty-five (25) days after the hearing is declared closed. The decision shall be final and binding on both parties. The cost for the services of the arbitrator shall be borne equally by the Committee and the Association.

2.5       No Reprisals/Representation

2.5.1    No reprisals of any kind will be taken by the Committee or by any member of the Administration against any party in interest, any school representative, any member of the Association or any other participant in the grievance procedure by reason of such participation.

2.5.2    Any party in interest may be represented at all stages of the grievance procedure by a person of his/her own choosing. When a teacher is not represented by the Association, an Association Representative and/or a Representative of the Massachusetts Teachers¹ Association shall have the right to be present and to state their views at all stages of the grievance procedure except at Level One.

2.6      Miscellaneous

2.6.1        Decisions rendered at Levels One, Two and Three of the grievance procedure will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to the Association. Decisions rendered at Level Four will be in accordance with the procedure set forth in 2.4.4.3.

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

2.6.3        The Committee and the Association agree that forms for expediting the grievance procedure shall be developed jointly and mutually before final distribution.

ARTICLE III

SALARIES AND OTHER COMPENSATION

3.1       Scope.

3.1.1    The salaries of all persons covered by this Agreement are set forth in appendices attached hereto and made a part hereof.

3.2       Salary Payment

3.2.1       All persons on the instructional salary schedule as covered by this agreement shall be paid on alternate weeks during the school year. The alternate week payments shall be an amount equal to the annual salary, divided by 26 inasmuch as medical and life insurance are covered by this school district on a twelve-month basis. It is recognized that in order to avoid compensating employees in advance of the performance of services, it may be necessary for the first payment in September to be in an amount less than the payments during the rest of the year. To the extent possible, however, only essential deductions will be made from this first payment.

Final lump sum payment shall be made before July 1st. Deductions shall be made from lump sum payment for health insurance and other insurance for the months of July and August.

When paydays fall during school vacations, paychecks will whenever possible be available and dated on the last working day before said vacation. Similarly final paychecks due at the end of the school year will whenever possible be available and dated on the last working day of the year.

3.3         Vertical Increments

3.3.1                 For the 2008-2009 School Year, in order to advance through increment periods I-VI (even to odd steps) as indicated on the salary schedule in appendix "A" a teacher must present evidence of having completed a two-credit course for professional improvement in the area he or she is assigned, in the manner set forth in sections 3.3.2, 3.3.3, and 3.3.4.

3.3.2                 Each and every professional improvement course must have the prior approval of the Superintendent-Director or designee.

3.3.3                 Each teacher must submit, in writing, to the Superintendent-Director or designee a course approval request prior to the start of any program to satisfy this requirement.

3.3.4                 Evidence of course completion must be submitted to the Superintendent-Director before October 1st of the preceding school year.

3.3.5                 Effective September 1, 2009, the provisions of Sections 3.3.1 through 3.3.4 shall no longer apply and teachers shall advance one step on the salary schedule for each year worked. If a teacher works ninety (90) days or more in a school year, that year shall count as one full year.

3.4      Lateral Adjustments

3.4.1    Each faculty member may advance from the minimum level "A" to the maximum level "D" as he/she submits evidence of having acquired approved credits in accordance with the requirements set forth in the salary schedule, appendix "A". A lateral salary adjustment may be made effective September 1st of the school year provided the teacher requesting such adjustment has:

a.           Indicated his/her intention in writing to the Superintendent by October 1st of the preceding school year and,

b.           Submitted before October 1st of the preceding school year, certified evidence from the institution in which the credit was earned. Such evidence must meet the requirements as outlined in appendix "A", General Definition of Levels, at the approval of the Superintendent-Director.

3.4.2    a.         A lateral salary adjustment may be made effective September 1 of a particular school year provided the teacher requesting such adjustment has submitted evidence of course completion to the Superintendent by January 15^th of the preceding school year. Example, for a September 1, 2002 adjustment, evidence must be submitted by January 15, 2002.

b.         Up to a total of $5000.00 in lateral salary adjustments for Association employees may be made effective March 1 of a particular school year provided the teacher requesting such adjustment has submitted evidence of course completion to the Superintendent by September 1^st of that school year. Example, for a March 1, 2002 adjustment, evidence must be submitted by September 1, 2001. Requests will be acted upon in the order received. In the event that the Superintendent receives lateral salary adjustment request which exceed the $5000.00 cap, then the remaining requests will be effective the following September 1.

3.5       Independent Study Credit

3.5.1        All instructional staff members interested in submitting a proposal for non-traditional credit advance (other than institutional credit) in order to advance laterally on the traditional or alternate pathways for professional preparation, may submit a proposal to the Superintendent or designee for such purpose.

3.5.2        If such a proposal reflects a direct and immediate contribution to the applicant teachers' major area of responsibility and teaching assignment, and is deemed to be a significant contribution to the school district, in lieu of the traditional institutional credit process, the Superintendent may approve and grant an equivalent of three (3) credits for each approved proposal, not to exceed 6 total credits toward lateral positions "A" through "D".

3.5.3        Proposals submitted for this non-traditional credit consideration must reflect the applicant's time commitment in equivalent value to the combination of clock hours and outside study as required for the traditional 3 semester hour institutional program.

The proposals must include a measurable contribution to the Blue Hills Regional Vocational Technical School District, equivalent to an independent study contract with the district. The Superintendent shall reserve the right, acting for the District School Committee, to reject any independent study contract having had preliminary approval, if final documentation does not satisfy the criteria for this level of attainment.

3.5.4    All Credit allowances, once approved under this paragraph, may not be resubmitted or duplicated for any other vertical, lateral or professional improvement remuneration, nor may staff members receive credit allowance nor submit proposals for activities they anticipate requesting travel, expense or salary reimbursements.

3.6       Salary Increases

3.6.1         Salary increases of any kind are not automatic but are granted only when there has been a continuation of high standard of teaching or a demonstrated improvement in efficiency of service. The Committee reserves the right to withhold vertical increments of any teacher doing unsatisfactory work and any teacher who has not conformed to the requirements set forth in 3.3.

3.6.2         Effective September 1, 2008:

Appendices B-5 of the 2005-2008 Collective Bargaining Agreement will be increased by 2%; and

Appendices D, E, and F will be increased by 3%.

Effective the 14^th payroll of the 2008-2009 School Year:

Appendices B will be increased by 1%. Effective September 1, 2009:

Appendices B, D, E, and F will be increased by 3%; and Effective September 1, 2010:

Appendices B, D, E, and F will be increased by 3.5%.

3.7       Qualifications for Academic Faculty

3.7.1           A Bachelors degree from an accredited college with at least eighteen (18) semester hours in the major field of teaching, nine (9) semester hours for approval in a minor field of teaching and certification by the State Board of Certification.

3.7.2           Academic teachers must also meet the requirements established by the Division of Occupational Education for approval to teach in a state aided vocational school.

3.7.3           The initial salary of an academic teacher new to the Blue Hills Regional School District shall be set forth by the Committee upon the recommendation of the Superintendent. It shall be evaluated on the basis of educational attainment and teaching experience.

3.7.4           The Committee reserves the right to waive any of the above minimum qualifications on a temporary basis upon the approval of the Division of Occupational Education for the State Department of Education.

3.7.5           Faculty employed under a waiver will not move laterally until they have met all minimum qualifications.

3.7.6           All credits earned for courses required for approval by the Division of Occupational Education may not be used later towards a vertical or lateral move.

3.8       Minimum Qualifications for Vocational Faculty

3.8.1           Satisfy all of the requirements established by the Division of Occupational Education for approval to teach in a state-aided vocational school.

3.8.2           The initial salary of a vocational teacher new to the Blue Hills Regional School District shall be set forth by the Committee upon the recommendation of the Superintendent. It shall be evaluated on the basis of educational attainment and occupational and teaching experience.

3.8.3           The Committee reserves the right to waive any of the above minimum qualifications on a temporary basis upon the Approval of the Division of Occupational Education for the State Department of Education.

3.8.4           Faculty employed under a waiver will not move laterally until they have satisfied all minimum qualifications.

3.8.5           All credits earned for courses required for approval by the Division of Occupational Education may not be used later towards a vertical or lateral move.

3.9       Individual Contracts

3.9.1           The contract which is presented to a teacher shall show the appropriate increment level and step which corresponds to the salary from Appendix "A".

3.9.2           In the case of lead teachers, a separate contract shall be issued and renewed upon reappointment each school year and the amount of compensation due for this contract shall be included.

3.9.3           Teaching contracts may be terminated by either the Committee or the teacher upon written notice of thirty calendar days. In such cases, compensation paid to teachers shall be in the amount equal to the ratio of days taught by the teacher to 183 days, inasmuch as 183 days is the full teaching contract requirement. Approved leave days taken by the teacher shall be considered as school days taught. All persons on the instructional salary schedule shall agree to teach or prepare to teach in the regional school district for 183 days of each school year.

3.10     Mileage Reimbursement

3.10.1   Teachers using their own automobiles on school business shall be compensated at the rate approved by the Federal Government, providing such teachers have had previous approval for the use of their own vehicles by the Superintendent-Director.

3.11     Longevity

3.11.1  In order to encourage experienced teachers to remain in the Blue Hills Regional Technical School District, longevity increments will be paid to teachers at the beginning of their thirteenth, fifteenth, seventeenth, twentieth, twenty-fifth, and thirtieth years of service at Blue Hills and each year thereafter on the following basis:

$500 each year commencing at the beginning of the thirteenth year;

$1,000 each year commencing at the beginning of the fifteenth year;

$1,500 each year commencing at the beginning of the seventeenth year;

$2,000 each year commencing at the beginning of the twentieth year;

$2,500 each year commencing at the beginning of the twenty-fifth year; and,

$3,000 each year commencing at the beginning of the thirtieth year.

3.11.2  For the purpose of this section an employee must have completed 92 days of service during the work year as defined under Article IV, Section 4.4 in order for that year to be creditable toward the initial computation of an employee's service in the Blue Hills Regional School District.

3.11.3  Longevity for School Nurse - The longevity plan for the position of School Nurse is set forth below:

After completing one year of service, the School Nurse shall be entitled to the longevity payment set forth at Step 1. The School Nurse shall move up the steps of the longevity scale after each year of service, until she reaches the maximum of $1100.00. At that point the longevity payment shall be frozen.

3.12     Supplemental Longevity

3.12.1  In addition to the foregoing salary allowance, there shall also be a supplemental longevity increment that will be available only to those teachers who have served for at least twenty (20) years in the Blue Hills Regional School District. Any such teacher shall be eligible to receive a supplemental longevity increment in the amount of Three Thousand Five Hundred Dollars ($3500.00) for any single period of three consecutive years subject to the following conditions:

a.)        The teacher must give written notice of his/her intent to access this supplemental longevity increment to the Superintendent/Director on or before November 1 of the school year preceding the year in which the teacher desires to begin receiving this benefit.

b.)        Once given, the written notice will be irrevocable.

c.)        Once the three (3) year period for this supplemental longevity increment has been completed, the supplemental longevity increment will terminate and the teacher will revert to the salary level that he/she would otherwise be at under the terms of the Collective Bargaining Agreement that is in effect.

d.)        Once the teacher has begun to receive his/her supplemental longevity increments under the terms of this article, he/she shall receive the full amount due under this Article regardless of his/her separation from employment during the three year term. Those teachers who apply for the supplemental increments after November 1, 2004 and are separated from employment for any reason shall no longer be eligible to receive any outstanding supplemental longevity increment payments.

3.12.2  Notwithstanding the provisions of Article 3.12.1, in no event shall the District be required to approve supplemental longevity for more than ten (10) teachers in any one year. If the District, in its discretion, chooses to approve only ten (10) teachers, then approval shall be determined on the basis of seniority. For purposes of this provision, seniority is defined as the total number of years spent teaching in the District. In the event that more than ten (10) teachers apply for supplemental longevity and the District applies the ten member cap set forth above, then those teachers whose requests were not approved will be placed at the top of the list for consideration in the next year, regardless of seniority as compared to new applicants.

ARTICLE IV

HOURS AND LOAD

4.1              The Committee and the Association acknowledge that the teacher's prime responsibility is not only to teach a specific subject but that the teacher must also be dedicated to the objective of aiding students in the developing of desirable habits, attitudes, interests, personality and character patterns. The teacher's professional distinction lies not only in a vast knowledge of subject matter, but also in the ability to help students grow emotionally, physically and socially as well as academically.

4.2              The starting and dismissal times for all students in the Blue Hills Regional Technical School shall be determined solely by the Committee in conjunction with the requirements set forth by the Bureau of Vocational Education. The following bell schedule indicating the starting and dismissal times for students has been established by the Committee:

Teachers Leave:                          On those days that teachers are required to be available to students until 3:10 p.m. pursuant to Article 4.3.1, the teachers' departure time is 3:20 p.m. Otherwise; the teachers' departure time is 2:30 p.m.

4.3       Work Day The teacher's workday shall begin at 7:40 a.m. and end at 3:10 p.m. except as detailed in this section.

4.3.1         On Mondays and Wednesdays or Tuesdays and Thursdays, teachers shall make themselves available from 2:25 p.m. to 3:10 p.m. to aid students in need of special assistance, makeup, "teacher" detention, "office" detention, parent-teacher meetings, Sped Team meetings, and/or to attend meetings or workshops related to student issues, school business or professional development, including extended in-service sessions. Each teacher's assigned days shall be determined by the appropriate Lead Teacher and announced by the first day of the school year. In the case of a conflict, it is agreed that scheduled special assistance for students shall take priority over all meetings, workshops and professional development set forth in this provision.

4.3.2         On an equitable rotating schedule, teachers shall remain and supervise the afternoon "office" detention program in accordance with current administrative practices.

4.3.2.1 This "office" detention session shall commence at 2:25 p.m. and end at 3:10 p.m. on Monday through Thursday of each school week.

4.3.3         On Monday, if a teachers' meeting, departmental meeting, or other meeting has not been scheduled, and on other days not specified in 4.3.1, the teachers may leave the school at 2:30 p.m.

4.3.4         A teacher assigned to an outside project on a regular basis whereby the teacher has no preparation period and no duty-free lunch, said teacher shall not be assigned to detention, school dances, homeroom duty and other similar assignments.

4.3.5         Student Service Personnel will not be assigned to detention, school dances, homeroom duty and other similar assignments.

4.3.6         The School Nurse's workday shall begin at 7:30 a.m. and end at 3:20 p.m. on Monday through Thursday. On Friday, the School Nurse's workday shall begin at 7:30 a.m. and end at 2:30 p.m.

4.4       Work Year

4.4.1    The work year of teachers, excluding those in special programs which extend beyond the regular school calendar year, will begin no earlier than the first Tuesday following Labor Day and will terminate no later than June 30th. In all cases, the school year shall not exceed and shall be considered as 183 days in determining the prorated value of each day of teaching and each day of unexcused absence. A period of one and one-half (1) days of teacher orientation each year will be included in the 183 day work year as outlined above. In the event that the School Committee decides not to offer a freshman orientation day in a given school year, then the instructional year for students shall be one hundred and eighty (180) days (teacher orientation shall be one day before and one day after the one hundred and eighty (180) day school year with one (1) day during the year for professional development). The Superintendent each year will issue copies of the school calendar to each teacher as soon as such calendar has been adopted by the Committee.

4.4.2        School Psychologists' work year is ten (10) days longer than the classroom teachers' work year. The work year will be served within the period five (5) days immediately before and five (5) days immediately after the regular school year. The counselor/recruiters' work year is twenty (20) days longer than the classroom teachers' work year. These extra days will be paid in accordance with the per diem rate set forth in this article. The work year will be served within the period ten (10) days immediately before and ten (10) days immediately after the regular school year. The dates of the additional days will be determined by the appropriate Administrator. However, if the extra days are to be worked within the school year, it must be by mutual agreement between the Supervisor and employee.

4.4.3        The teachers' work day and/or work week as set forth in Section 4.4.1 also applies to Student Service Personnel. In addition, Student Service Personnel may be required, in the discretion of the appropriate supervisor, to work before and after the teachers' work day and work week for parent/teacher conferences; admissions interviews; parent information meetings; student crisis situations and student testing. Said additional hours and/or days shall not exceed fifteen (15) per term.

4.4.4        Teachers, including those in special programs required to work beyond the number of days scheduled in the school calendar, shall receive an increase in salary above their annual contract amount equivalent to 1/183 of their salary, per day of service. This increase will only be effective if such teacher has been called upon to provide additional service to the District in the capacity of a teacher.

4.4.5        The School Nurse work year shall be 183.5 days. The School Nurse shall be paid one-half days' pay for duty on Graduation Day calculated at the following rate: the yearly salary divided by 183, and then divided by 2.

In lieu of a professional development day, formerly known as the Norfolk County Teachers Meeting Day, the School Nurse shall be allowed to take such day as an unpaid no-school day and in return shall work a day prior to the opening of school assisting with the administration of Sport Physicals. Duties would include: assisting with sports physicals, checking all physical records, recording data and/or issuing medical alerts to coaches where needed. The exact day that the School Nurse will perform such duties will be determined by the Athletic Director and the Superintendent-Director prior to August 1 of each year. The School Nurse shall be notified within seven (7) days of the determination.

4.5       Meetings

4.5.1    Teachers will be required to remain after the end of a regular work-day for teachers' meetings as called by the Superintendent or the Assistant Superintendent for such purposes as determined by the Superintendent. Such teachers' meetings shall be no more than three (3) nor less than one (1) per month. The Superintendent shall strive to restrict the meeting time, on each regularly scheduled occasion, to approximately one (1) hour in length. In addition to the above, Lead Teacher meetings may also be scheduled monthly for a time to approximate one hour. Such meetings may not exceed fifteen (15) per year.

4.5.2         The Superintendent will announce the date and time twenty-four hours in advance of such meetings except in case of emergency. A Topic Outline for the meeting activity will be circulated in the morning notice of the day on which the meeting is scheduled except in an emergency.

4.5.3         All teachers will be required to attend evening meetings only when they are directly related to the school program. Such evening meetings shall not exceed four (4) per year. Academic teachers shall attend the Open House, two parent teacher conference evenings, and one advisory board meeting per year; vocational teachers shall attend the Open House, one parent teacher conference evening and two advisory board meetings per year, one of which may include a dinner. All other evening extra-curricular activities shall be assigned to all teachers on a rotating basis. For the purpose of this Article, extra-curricular activities shall mean dances and student socials. Such assignments of teachers shall be posted at least one (1) week in advance of said event.

4.5.4         For such events as dances and student socials, that occur the evening before or during a vacation period, such assignments to teachers may be on a voluntary basis. In the event sufficient volunteers are not available, teachers shall be assigned as stated above. Individual teachers may be required at other times to attend occasional special meetings.

4.6      Duty Free Lunch

4.6.1        Teachers shall have a duty-free lunch period no less than the regular student lunch period. It is agreed, however, that teachers having class prior to lunch shall escort such class in an orderly fashion to the cafetorium. It is agreed that teachers having class immediately after lunch will leave the lunchroom at the same time as the students so as to be responsible for monitoring the students returning from lunch in the corridors, stairwells and other areas.

4.6.2        All Student Service Personnel shall have a duty-free lunch period no less than the regular student lunch period. The lunch period shall be scheduled at the discretion of the appropriate director or administrator.

4.6.3        All teachers when not assigned to shop, lab or classroom shall be responsible for monitoring student behavior in corridors, stairwells and lavatories.

4.6.4        The Superintendent and the Committee shall strive to consider a daily class schedule of approximately 25-30 periods weekly for academic teachers and 35 periods weekly for vocational teachers. Teachers may be assigned in lieu of additional classes to cafeteria duty or outside lunch duty. Such weekly distribution will, when possible, be five periods daily for such teachers. Such final scheduling of classes as mentioned above shall be ultimately affected by the necessity of the master program schedule. Any teacher assigned to cafeteria or outside lunch duty shall receive a period stipend of ten dollars ($10.00) for each period of assignment.

4.6.4.1 A joint study committee composed of five designees of the Association and two designees of the Superintendent will be formed and will meet in September and January to review practices in regard to cafeteria supervision.

4.6.5    Effective September 1, 2008, Lead Teachers in departments with five (5) or more teachers, including themselves, will have a reduced teaching schedule of one period per day. This reduction in teaching load is intended to allow eligible Lead Teachers adequate time to assist the teaching staff within the department, to maintain proper department records, to develop a continually improving curriculum, and to perform other administrative duties in the department. If the Athletic Director is also a lead teacher, then the Athletic Director's fifty percent (50%) teaching load (see Article 4.6.5.1) will not be further reduced by one teaching period. Notwithstanding the above, for School Year 2008-2009 only, the Science Lead Teacher will not have a reduced teaching schedule of one period per day. The Science Lead Teacher agreement is unique to the 2008-2009 School Year and shall not be cited as a past practice or precedent for the future.

4.6.5.1 Effective September 1, 2009, the Athletic Director will have a fifty percent (50%) reduced teaching load over a two week period (e.g. 3 and 3 or 4 and 2).

ARTICLE V CLASS AND SHOP SIZE

5.1      Regular Program

5.1.1    The number of students considered to be acceptable for classes, shops and laboratories shall be as follows:

Shops - 20 students per teacher.

Related Classes - up to 30 students per teacher, to be composed of students from the same grade level and shop.

Academic Classes - 30 students per teacher.

Science Classes, involving laboratory activities - 24 students per teacher.

Physical Education Classes - 30 students per teacher.

5.1.2    The Committee and the Association agree that the Committee reserves the right to modify the class sizes as outlined in 5.1.1 should such limitation discriminate against the admission of a limited number of students.

5.2       Special Programs Special Programs involving large group instruction may operate with student-teacher ratios other than those specified in 5.1 of this Article.

5.3       The provisions of Article 5 shall not apply to the position of School Nurse.

ARTICLE VI

TEACHER FACILITIES

6.1     Existing Building The School will have the following facilities:

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

A teacher work area, such as the present area now available in the library, containing adequate volumes and texts and reference materials, shall be made available for teachers in the preparation of their subject matter.

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

A serviceable table and chair for the teacher when instructing in each classroom. Floating teachers will be issued a key to the file cabinet in the room in which they are assigned to teach and will have access to one (1) drawer.

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

A dining area separated from students and their view which may be used for teachers, other school personnel and visitors. Separate serving facilities will be arranged for teachers and visitors when possible.

Adequate parking facilities will be reserved for all members of the instructional staff.

6.2       Additional Buildings All new buildings constructed will contain at least the facilities listed in 6.1 above. Other references made in this agreement to "School Buildings" will be taken to mean the present structure and any new buildings or additions constructed in the future.

6.3       Nurse's Facilities It is agreed that the office space currently assigned to the School Nurse shall not be reduced in size during the term of this Agreement.

ARTICLE VII

ASSOCIATION RIGHTS

7.1.1      Facilities for Association meetings may be provided to the Association without cost and at reasonable times provided that such meetings do not conflict with the regular school program and the Superintendent-Director or his/her assistant has approved such facility use. Such request must be submitted twenty-four hours in advance.

7.1.2           Officers and other representatives authorized by the Association having approval of the Superintendent-Director or designee shall be permitted to transact official Association business during the school day, providing that such teacher or teachers whom such representatives wish to contact do not have classroom or make-up obligations during that time.

7.1.3           Visitors reporting to the office on Association business, having properly registered and received clearance by the Superintendent-Director or designee, will be authorized to transact business is outlined in 7.1.2 of the Article.

7.2.1           The Association shall have the right to post notices of its activities and matters of Association concern on designated bulletin boards. The Association may use faculty mailboxes for communications, including mass distributions.

7.2.2           Before any material is posted on the faculty bulletin board, the Association will first have the right to review this material.

7.3.1           The Committee will, upon written request, make available to the Association any available information which is neither confidential nor privileged under law which may be necessary for the Association to administer this Agreement or to prepare for future negotiations.

7.3.2           A copy of the official agenda of School Committee meetings will be made available to the Association not later than the end of the school days on the date of said meetings.

7.4.1      The Association will be provided the names and addresses of all unit members within ten (10) days of the opening of school each September or within ten (10) days of the appointment of a new hire if the appointment is made after the opening of school in September.

ARTICLE VIII

TEACHER EVALUATION

8.1        Evaluation Visits Purpose of the Evaluation: The specific purposes of evaluation under M.G.L. c71 and 603 CMR 35.00 are:

a.         to provide information for continued improvement of performance through an exchange of information between the person being evaluated and the evaluator, and

b.         to provide a record of facts and assessments for personnel decisions

8.1.1      Evaluation will take place on an on-going basis and include the pre-evaluation and post-evaluation process, as well as formal and informal observations and discussions.

8.1.2      The teacher and evaluator will meet at the beginning of the evaluation process, either individually or in small groups, to clarify the Descriptors and the way they will be evaluated. Where necessary, the evaluator may identify specific ways in which a Descriptor will be evaluated throughout the course of the evaluation process. These specific expectations and goals must be incorporated in the Pre-Evaluation Comments.

8.1.3      All teachers not having "professional status" will be evaluated at least three (3) times a year between October 1 and April 1.

8.1.4      All teachers with "professional status" will be evaluated a minimum of once every two years. The evaluation will take place between October 1 and April 1.

8.1.5           The evaluation of all teachers will be performed by the Superintendent-Director and/or his/her administrative supervisors. Where a teacher with professional status receives a "needs improvement," he/she may request a second evaluation to be conducted by an administrator designated by the Superintendent-Director.

8.1.6           The Superintendent-Director and/or his/her designee is responsible for ensuring that all evaluators have training in the use of the Blue Hills evaluation document.

8.1.7           Teachers must sign both copies of all evaluation reports indicating receipt of such copy. A copy will be retained by the teacher with the original to the teacher's file as maintained in the general office. Such signatures shall not be construed as agreement of the teacher with the contents within.

8.1.8           Teacher observations should not be conducted under atypical circumstances. If it is impossible to conduct an observation under normal classroom conditions, then the conditions under which the observation was made should be noted on the evaluation form.

8.1.9           When a teacher is judged as "needs improvement" in any area, the evaluator shall provide specific written recommendations which are reasonable, achievable, and for which resources are made available to the teacher by such evaluator. The teacher shall be provided a reasonable amount of time to implement the specific written recommendations for improvement of the teacher.

8.1.10       The School Committee and the Association agree to form a joint study committee for the purpose of exploring changes to the existing evaluation process and instrument. The study committee shall begin its work no later than September 15, 2010 and shall be comprised of up to three (3) members appointed by the School Committee and up to three (3) members appointed by the Association. The study committee shall complete its work by November 15, 2010 and shall make its recommendations in a joint presentation to the School Committee and Association bargaining teams no later than December 15, 2010. It is expressly understood that no changes will be made to the aforementioned until such changes are negotiated and ratified by the full School Committee and the Association membership. It is further understood that the objective of the parties is to have the recommendations incorporated into the bargaining for the successor collective bargaining agreement to commence on September 1, 2011.

8.2         Personnel Files Inspection of a teacher's personnel file shall be permitted as outlined under Chapter 71, Section 42C of the General Laws of the Commonwealth of Massachusetts.

8.3                 The provisions of Article 8.1 through 8.2 shall not apply to the position of School Nurse.

8.4                 The School Nurse shall be evaluated on an annual basis by the Superintendent-Director or his/her designee. The Evaluation instrument shall be mutually agreed upon and a pre-and post-evaluation meeting shall be included in the process.

ARTICLE IX

TEACHER ASSIGNMENT

9.1               Teachers will be notified of their programs for the following school year including the subjects they will teach by August 1st, and the Association realizes that some changes may have to be made in order to ensure the best possible instruction for the students of the school district.

9.2               Teachers will not be assigned outside of their area of certification or approval except for good cause and on a temporary basis.

9.2.1    The Superintendent and the Committee shall strive to assign all teachers a similar and equitable teaching load.

9.3       The provisions of Article 9 shall not apply to the position of School Nurse.

ARTICLE X

NON-TEACHING DUTIES

10.1          Teachers will not be required to use their own vehicles to drive pupils to activities which take place away from the school building.

10.2          Instructors, who at different times have to travel for the purpose of figuring job costs, shall not be compelled to do so on their own time. The Committee will make available such time during school hours for teachers. Teachers leaving the building for such purpose must have prior approval from either the Superintendent-Director or his/her designated Administrative Assistants.

10.3          The provisions of Article 10 shall not apply to the position of School Nurse.

ARTICLE XI

TEACHER EMPLOYMENT

11.1     Credit, not to exceed three (3) years for military experiences and not to exceed two (2) years for Peace Corps and other similar work directly related to education, may be given upon initial employment.

11.2          For teachers of this school district requesting "military leave" in order to voluntarily or involuntarily serve with the U.S. Military Service, such teachers upon returning to the Blue Hills Regional School within 90 days from date of discharge, shall have restored to their sick leave accumulation all previous sick leave accumulated at the time of their release for military service. The period for such military leave approved shall be the period of continuous service required by such induction or enlistment and will not continue into any additional period of additional voluntary service.

11.3          The Committee will provide for teachers serving in the employ of this school district a continuation of increment status for service with the military not to exceed a two-year period. For eligibility, a teacher must fulfill all the requirements stated in 11.2.

11.4          Upon notification to the Superintendent-Director, faculty members who, as part of a National Guard or Reserve Military obligation, must serve emergency duty during the school year shall be permitted to be absent without loss of pay provided that their pay for such duty is remitted to the District School Committee.

ARTICLE XII

STUDENT CONTROL AND DISCIPLINE

12.1     The Committee and the Association agree that an annual study committee be appointed to update, modify and review existing committee regulations on student control and discipline. It shall be the responsibility of the Superintendent-Director to establish such a committee and review their recommendations. The School Nurse shall be included as a member of said committee.

ARTICLE XIII

PROMOTIONS

13.1          For purposes of this Article, a "promotional position" is defined as any position paying a salary differential and/or any position on the Administrator-Supervisor level, including, but not limited to, positions as Superintendent-Director, Assistant-Director, Director, and Lead Teacher.

13.2          Whenever any vacancies in a promotional position occur during the school year (September to June) it will be adequately publicized by the Superintendent by means of a notice placed on the faculty bulletin board within one week of the public announcement. If the vacancy occurs after the close of school in June and before September, notices of such vacancy shall be mailed to every teacher who shall have filed his/her name and summer address with the Superintendent for the purpose of receiving such notices and salary during this period. Such notices shall ordinarily be mailed or posted thirty (30) days in advance of the appointment of such position.

13.3          Whenever previously publicized qualifications for a promotional position are changed before the position is filled, the Superintendent will post on the faculty bulletin board or to teachers individually, the changes made in qualifications, duties and/or compensation.

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

13.5     The provisions of Article 13 shall not apply to the position of School Nurse.

ARTICLE XIV

POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL,

AND UNDER FEDERAL PROGRAMS

14.1           All openings for summer school and evening school positions and for all positions available under Federal Programs will be adequately publicized by the Superintendent on the faculty board. Such announcements will be publicized as early as possible so that teacher applications may be evaluated and teachers selected may be notified in advance. Teachers making application for such positions must do so with the understanding that insufficient enrollment at the commencement of the course may result in the cancellation of such program. If a teacher reports for opening day of summer school or evening school and class is canceled, a teacher will be paid one day of pay as outlined in Appendix "F" in accordance with the number of classes he/she was assigned for the opening day.

14.2           Positions in the Blue Hills Regional summer school and evening school positions under Federal programs will, to the extent possible, be filled first by regularly-appointed teachers when such teachers are qualified for the program offered.

14.3           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 and length of service in the Blue Hills Regional School District.

14.4           The District School Committee reserves the right to employ outside qualified teachers or to split an assignment among other qualified staff members of the Regional School Faculty when such an additional assignment would impose an unreasonable work load on the faculty member involved. This consideration is essential so as to ensure the highest quality instruction within the regular school program. The District School Committee will consider a teacher applying for both an evening school assignment and any additional special teaching assignment beyond their regular day as an unreasonable work load.

ARTICLE XV

SICK LEAVE

15.1.1    Each faculty member shall be entitled to fifteen (15) days sick leave each year in addition to any sick leave which has been accumulated. This sick leave shall be earned at the rate of one and one-half (1 1/2) days each calendar month and shall accumulate, unlimited, from year to year.

15.1.2    For new teachers in the service of the Blue Hills Regional School District, sick leave will be available after the first day of service.

15.1.3    To be eligible for a day of sick leave, the teacher will be required to call the Superintendent-Director or designee not later than 7:00 a.m. on the day he or she intends to request such leave. A teacher not fulfilling this requirement will not be granted a day of sick leave except in an emergency only, such emergency to be determined by the Superintendent-Director. In cases of suspected abuse of sick leave, the Superintendent-Director is empowered to investigate the legitimacy of the situation. The term "sick leave abuse" is not intended to apply in cases where members of the bargaining unit utilize sick leave for legitimate illness or injury.

15.1.4  A limited sick leave bank may be established and administered by the Association. The purpose of this bank is to provide sick leave to those instructors who have used all of their accrued sick leave.

Membership in the bank will require the transfer of one sick day per teacher to the bank. Additional days may be assessed when needed on a uniform basis.

15.2.1    A teacher in this Regional School whose duties bring him/her into direct contact with any student threat, shall, if excluded or removed from employment on account of tuberculosis in a communicable form, be carried on sick leave with pay for the entire period of such exclusion or removal but in no case for more than two years beyond the maximum accumulative sick leave, and for such further additional period as he/ she may be entitled to under the regulations of the Committee for other school officers. (Chapter 71, Section 55B of the General Laws.)

15.2.2    No teacher so excluded or removed shall return to employment in a school until properly certified by the Department of Public Health or such county or municipal sanatorium on the basis of x-ray or laboratory examinations as free from tuberculosis in a communicable form.

15.3     Upon retirement, resignation, or death, a teacher who has served at least ten (10) full years as a teacher in the Blue Hills Regional System, shall be entitled to receive remuneration for each day of unused sick leave based upon the following formula:

Number of Days               Amount per Day

1-150                                 $10.00

Over 150                           $15.00

Said payment will in no event exceed a total of Three Thousand Dollars ($3,000).

In the event that a teacher notifies the Superintendent in writing on or before November 1 of the calendar year preceding the retirement or resignation, payment hereunder shall be made on or about the next July 1. Any teacher who notifies the Superintendent after November 1, shall receive payment on or about July 1 of the second fiscal year following the notification.

Prior written notification is not required in the case of death. In the case of death, payment shall be made to the estate of the teacher within sixty (60) days.

ARTICLE XVI

TEMPORARY LEAVES OF ABSENCE

16.1     Personal Leave

16.1.1       Teachers will be entitled to two days of personal leave during any school year for imperative personal business which could not be effectively conducted outside school hours. Applications for personal leave must be submitted to the Superintendent-Director or designee on a personal leave form at least 24 hours prior to the date the applicant intends such leave to commence.

16.1.2       This leave shall not be approved to extend a holiday or vacation period but may be submitted for approval to the Superintendent-Director should the urgency of such request warrant a waiver of this requirement.

16.1.3       Effective at the conclusion of the 2004-2005 school year, unused personal days may be converted to sick time and accrued as such.

16.1.4       Teachers may be entitled to one day of temporary leave for the purpose of visiting other schools or attending educational conferences, providing such teacher has had the advance approval of the Superintendent-Director.

16.2     Bereavement Leave

16.2.1    (Full time) teachers will be allowed five days leave during a school year for each death in the immediate family without loss of pay upon advance notice to the Superintendent or designee.

Additional "Bereavement Leave" may be granted at the discretion of the Superintendent-Director for unusual circumstances.

The term "immediate family" shall mean the teacher's spouse, child, father, mother, sister or brother, stepchild, stepfather, stepmother, stepsister or stepbrother.

16.2.2       For each death in the teacher's family in any school year, three days shall be allowed such teacher for the following family relationships: the teacher's grandchild, grandparents, mother-in-law, or father-in-law. For such leave without loss of pay, advance notice must be given the Superintendent-Director or his/her designee.

16.2.3       A one day leave with pay, submitted with advance notice to the Superintendent-Director, or his/her designee, will be granted for the death of a teacher's in-laws, the grandparents of his/her spouse, a teacher's aunt, uncle, nephew or niece.

16.3     Religious Observance

16.3.1    Teachers who are members of the Jewish Religion who are absent from work on Rosh Hashanah and Yom Kippur may use personal leave to cover their absences.

16.3.2    Teacher who are members of the Orthodox or Conservative branches who use their two personal days for this purpose will be granted leave with pay on those years when the second day of Rosh Hashanah falls on a work day.

16.4     Reserve Duty

16.4.1        An employee covered by this Agreement called to duty on a non-voluntary basis in the Federal or State Reserve Service shall receive his/her regular salary for the period of absence subject to the limitations of the governing Federal and State statutes. However, the employee shall demonstrate to the Committee that he/she has used his best efforts to arrange for reserve duty to be served when schools are in recess.

16.4.2        In the event reserve duties, which could have been done during a time when schools are in recess, are performed while the schools are in session, an employee shall receive only the difference in money between reserve pay and the employee's regular salary.

16.5     Professional Leave

16.5.1    The Superintendent may approve leave for the purpose of attending educational conventions, professional meetings, training institutes, visiting schools and other activities having a demonstrable relationship to the improvement of the teacher's professional skill and expertise.

16.6       Association Business

16.6.1       The Association President or his/her designee shall be granted up to five (5) days leave with pay per school year to attend to Association business.

16.6.2       The Association President shall be granted leave with pay to attend arbitration hearings held under Article 2.4.4.1 of the Agreement.

ARTICLE XVII

EXTENDED LEAVES OF ABSENCE

17.1     Sabbatical Leaves

17.1.1       Teachers having served as full time instructional staff members for a minimum of seven (7) complete years will be eligible to apply for Sabbatical Leave.

17.1.2       Sabbatical Leave applications must provide a definite commitment to the professional growth of the staff member making the application and will not exceed one complete year.

17.1.3       Sabbatical Leave will not be granted for projects for which a salary will be earned. However, grants, federal or state fellowships and other such awards generally provided to encourage such sabbatical leave will not be deemed "salary earned".

17.1.4       Sabbatical Leave applications must be submitted to the Committee prior to October 1st of the school year preceding the school year for which the applicant files for such leave.

17.1.5       The Committee will have the final authority in the determination of each leave request. The relative value of such proposed professional growth must reflect equally on the value such attained growth by the applicant can attribute to the regional school district and the particular major area of emphasis in which such teacher applicant is employed. The Committee will act on such request no later than March 1st following the submission of such applications. No more than one teacher will be eligible for such leave in any one school year.

17.1.6       Any teacher granted sabbatical leave will enter into a written agreement with the Committee to return to that position formerly held, or to a position for which they are qualified, for a minimum of two years after such leave is terminated.

17.1.7       A teacher approved for sabbatical leave will receive 50% of his/her full year's salary for the year of such leave.

17.2     Extended Professional Leave

17.2.1    A leave of absence without pay for a full school year, commencing in September and concluding in June, will be granted upon approval of the Committee for the purpose of serving as an officer or in a similar high level position with an educational and/or professional organization.

17.2.3    A leave of absence without pay for a full school year commencing in September may be granted at the discretion of the Committee, provided that application for such leave is submitted prior to June 1st.

17.3     Maternity Leave

17.3.1       Subsequent to the third month following the initial date of entry into employment, a teacher who so requests it, shall be granted a leave without pay for reasons of childbearing. Said leave shall not exceed eight (8) weeks. Said request must be made two weeks in advance of the commencement of the leave and must include notice of intent to return.

17.3.2       Said teacher shall be entitled to the provisions of Article XV of this Agreement for any period of physical disability due to the pregnancy and/or birth upon written certification of said physical disability by the teacher's attending physician.

17.3.3       Said teacher shall, as soon as practical, submit a medical certificate from the attending physician which shall include:

a.         The last date on which the teacher will be physically able to perform the normal duties of the position.

b.         The anticipated delivery date.

17.3.4    Teachers shall be entitled to leave without pay or increment for a period not exceeding one (1) year for reasons of childrearing immediately following childbearing leave. Notice of intent to return from said leave must be given by April 1st of the year in which the teacher intends to return and said return shall be at the beginning of the school year. The teacher shall be restored as soon as practicable to the position held when the leave began or to a substantially equivalent position.

17.3.5    The Committee agrees to the provisions set forth in M.G.L. c.149, §105D re: Adoption Leave.

17.4     General

17.4.1       Any faculty member on an unpaid leave of absence will upon his/her return be placed on the salary schedule at the step held by such faculty member at the time such leave commenced.

17.4.2       Any faculty member approved for such leave as outlined in 17.1, 17.2 and 17.3 of this Article will retain accrued sick leave and step level held at the time such leave commenced.

17.5     The provisions of Article 17 shall not apply to the position of School Nurse.

ARTICLE XVIII

PERSONAL INJURY BENEFITS

18.1     The Committee agrees that the provisions set forth in Chapter 152, Section 69 of the General Laws of the Commonwealth of Massachusetts providing for benefits to employees in the event of incapacity or death arising out of employment shall be accepted and applied to members of the Association.

ARTICLE XIX

INSURANCE AND ANNUITY PLAN

19.0          Coverage’s

19.1          Fifty percent (50%) of the cost of the following types of insurance coverage will be paid for each teacher:

19.1.1    A $2,000 term life insurance plan of the type presently available to teachers and is the maximum sum permitted under Chapter 32B, Section II of the General Laws.

19.1.2    Effective July 1, 2009, the District will join the Group Insurance Commission ("GIC") pursuant to the provisions of M.G.L. c. 32B, §19 and the terms of an agreement reached between the District School Committee and the Public Employees Committee (hereinafter referred to as the 'TEC Agreement"). As of the effective date of the District's inclusion in the GIC and for so long as the District continues to participate in the GIC under the provisions of §19, the provisions of health insurance benefits shall not be governed by the terms of the parties' Collective Bargaining Agreement. A copy of the PEC Agreement is attached hereto as Appendix L.

19.1.3    For the period of September 1, 2008 through June 30, 2009, Blue Cross/Blue Shield HMO Blue group membership will be made available to the immediate family of deceased association members and retirees at no cost to the Committee.

19.1.4    The School Committee and the administration will cooperate with the Association in arranging, at no expense to the Committee, a group dental plan, the premiums for which will be borne entirely by the participating employees.

19.1.5    For the period of September 1, 2008 through June 30, 2009, the premium contribution rate for H.M.O. coverage will be Seventy Percent (70%) for the employer and Thirty Percent (30%) for the individual employee subscriber.

19.1.6    Effective July 1, 1993, the School Committee will implement Section 125 of the IRS Code as a tax shelter benefit as it pertains to health insurance premiums. Effective January 1, 2006, to the extent permitted by applicable federal laws and regulations, including but not limited to applicable IRS Code provisions, the Cafeteria Plan will be expanded to enable teachers to pay with pre-tax earnings for uninsured medical expenses for themselves and their dependents (MEDCAP) and for the day care expenses for themselves and their dependents and for day care expenses for their children and/or elderly parents or others who are their dependent (DECAP).

19.2     Annuity

19.2.1  Teachers will be eligible to participate in a "sheltered" annuity plan established pursuant to United States Public Law No. 87-370.

ARTICLE XX

PROTECTION

20.1          Teachers will immediately report all cases of assault suffered by them in connection with their employment to the Superintendent-Director in writing.

20.2          This report will be forwarded to the Committee which will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the teacher, the police, and the courts. The teacher must file assault charges with the courts in such cases.

20.3          If criminal or civil proceedings are brought against a teacher alleging that he/she committed an assault in connection with his/her employment, the Committee will furnish legal counsel to defend him/her in such proceeding if he/she requests such assistance, and provided that the teacher was not in violation of the Committee's policies relating thereto. The provisions of Chapter 41, Section 100 C will apply in this case.

ARTICLE XXI

SUBSTITUTE TEACHERS

21.1     It shall not be the policy of the Committee to require teachers to use their preparation periods to substitute for other teachers.

21.2           The Committee will make every reasonable effort to provide substitutes.

21.3           In situations where substitutes are necessary but not available, the Superintendent-Director may assign a teacher and/or Lead Teacher to use his/her preparation period for substituting. Such requests shall be distributed on an equitable rotating basis among all teachers in the affected department. In the event that there are no available teachers in the affected department, then such requests shall be distributed on an equitable rotating basis among all teachers in the school.

21.4           This Article does not apply to Student Services Personnel; however, Student Services Personnel will cover for one another where applicable, but will not be required to cover for classroom or shop teachers.

21.5           The provisions of Article 21 shall not apply to the position of School Nurse.

ARTICLE XXII

TEXTBOOKS AND TOOLS

22.1     Textbooks

22.1.1  The Committee guarantees that it will provide sufficient textbooks to insure that each pupil in a classroom has textbooks for his/her own use.

22.2     Tools and Equipment

22.2.1    The Committee guarantees that it will provide sufficient small tools and equipment for all students in shop and lab programs.

22.2.2    While the selection of textbooks remains a responsibility of the Committee acting on the recommendation of the Superintendent-Director, it is agreed that prime consideration will be given to the views of the appropriate Lead Teacher who will make his/her desires known to the administration. Before a new textbook is adopted, the advice of the appropriate Lead Teacher will be sought.

22.3     The provisions of Article 22 shall not apply to the position of School Nurse.

ARTICLE XXIII

ACADEMIC FREEDOM

23.1          The private and personal life of a teacher is not within the appropriate concern or attention of the Committee except as it may interfere with the teacher's responsibilities to, and relationships with, students and/or the school system.

23.2          Teachers will be entitled to full rights of citizenship, and no religious or political activities of any teacher (provided such activities do not take place during his/her working hours), or the lack thereof, will be grounds for any discipline or discrimination with respect to the professional employment of such teacher.

23.3           The Committee recognizes the fact that teachers must be free to digress from their formal course outlines during the instructional process, but only to the extent that such digression is not knowingly in conflict with educational policies otherwise established by the Committee. The Committee maintains that academic freedom for the teacher, although most important, cannot be absolute. Academic freedom as outlined in this Article must be subject to the same limitations as "the right of free speech". It must not be defamatory, obscene, or subversive. In the consideration of academic freedom for the teacher, the Committee must remind the Association of their ethical obligations to the pupils, the parents, the Committee and the community.

23.4           The provisions of Article 23 shall not apply to the position of School Nurse.

ARTICLE XXIV

PROFESSIONAL DEVELOPMENT

AND EDUCATIONAL IMPROVEMENT

24.1     Workshops, Seminars, Conferences

24.1.1     The Committee will pay the reasonable expenses (including registration fees, meals, lodging, and/or transportation) incurred by teachers who attend workshops, seminars and conferences at the request of and with the advance approval of the Superintendent-Director. It is further understood that all courses and professional improvement sessions for obtaining the required certification to teach or to continue to teach as set forth by the Department of Education and the Committee shall be taken at the individual expense of the teacher. It is further understood that lateral increment adjustments provided for in the preparation schedule automatically make allowances for professional improvement expense.

24.2    Tuition Reimbursement

24.2.1       The Committee will reimburse teachers for tuition costs and/or expenses in connection with approved courses taken at an accredited institution of higher education.

24.2.2       The reimbursement amount for courses taken will be one hundred and fifty dollars ($150.00) per credit and other expenses directly related to the course of study or institutional charges. No teacher may receive more than six hundred seventy five dollars ($675.00) in any fiscal year. Effective September 1, 2009, no teacher may receive more than eight hundred dollars ($800.00) in any fiscal year.

24.2.3       Said courses to be taken shall be in the general area related to the applicant's teaching assignment, and/or other courses only if deemed relevant by the Superintendent and approved by him in advance.

24.2.4       Evidence of completion of a course must be submitted to the Superintendent no later than October 1 of the year preceding the school year in which reimbursement is to be paid. To the extent funds are available within the budget, reimbursement shall be paid within sixty (60) calendar days of the submission of evidence of course completion, otherwise payments shall be paid out in September of the year following submission.

ARTICLE XXV

REDUCTION IN FORCE

25.1       Reservation of Rights

25.1.1    The Committee retains the exclusive right to determine the number and type of teaching positions and other positions which are to be retained in the schools under its control. In the event reduction-in-force becomes necessary, such reduction shall be governed by the following:

25.2       Attrition and Seniority

25.2.1   In the event normal attrition can not resolve the problem of reduction in force, teachers shall be laid-off in the inverse order of their initial employment as determined by the seniority list.

25.3       Definitions For the purpose of this section, the following definitions shall be in effect:

25.3.1    "Qualified" shall mean that the teacher has on file with the Committee written evidence from the Department of Education that he/she is either certified or approved in accordance with Massachusetts law. Such evidence must be on file with the Committee by October 1 of the academic year in which the seniority list used for the particular layoffs is issued.

25.3.2    "Seniority" is defined in terms of the number of years, months and days of consecutive service, including paid leave, but not including unpaid leave, granted by the Committee, commencing on the actual date of service with pay (not date of hire) as an elected and/or appointed professional teacher, counselor, or administrator of the School Committee, including all time spent both in and out of the bargaining unit while employed by the Committee.

25.3.3    "Seniority List" shall mean a list specifying in order of the highest to the lowest seniority, the relationship of each teacher in the department. In the event there are two or more teachers in a department employed on the same date, all such persons shall be identically placed on the seniority list. The administration reserves the right to dismiss particular employees when there is a tie.

25.3.4    "Department" shall mean the particular academic or vocational department to which the teacher is assigned. In the event that a teacher is assigned to teaching duties in more than one department, the department in which the majority of his/her teaching duties occur shall for purposes of this Article be deemed to be the department to which that individual is assigned.

25.3.5    "Recall" shall mean the process by which laid-off teachers shall be offered positions as they become available.

25.4        Seniority Units

25.4.1  For purposes of the seniority list, departments will be designated as follows:

Vocational & Technical

Auto Collision Repair and Re-Finishing

Automotive Technology

Computer Technology

Construction Technology

Cosmetology

Culinary Arts

Drafting & CAD

Early Education & Care

Electrical

Electronics

Engineering

Graphic Communications

Health Occupations

HVAC & R

Metal Fabrication and Joining Technologies

Practical Nursing

Visual Design

Academic and Other

Business Education

English and Languages

Guidance

Math

Physical Education/Health

Science

Social Studies

Special Education

25.4.2     It is understood that for so long as there is a Culinary Arts Department, said department will consist of at least one baking instructor and one cooking instructor.

25.4.3     If new departments are added to the curriculum, these departments will be added to the Seniority List.

25.5        Layoff Procedure

25.5.1  In the event a teacher is laid-off, he/she shall have the following rights:

25.5.1.1    The right to be notified in writing not later than April 15th of the fact that his/her services will be terminated due to layoff at the end of the school year. Such notification can take the form of a letter from the Superintendent-Director and does not require a vote of the School Committee on the teacher's termination prior to April 15th.

25.5.1.2    The right to a recall period of two (2) years from the effective date of the lay-off. During the recall period, the teacher shall be notified by certified mail to his/her last address of record, and given preference in order of his/her position on the seniority list for openings for which he/she is qualified. Upon return from recall status, all benefits to which the teacher was entitled at the time of lay-off shall be restored. During such recall period the teacher shall be given preference as a substitute teacher.

Teachers shall be required to leave a forwarding address. A failure to provide a current mailing address or a failure to respond to and/or accept an offer of recall within twenty-one (21) calendar days of the sending of the notification will result in the forfeiture of all recall rights.

25.5.1.3    The right to continue group Health and Life Insurance during recall period with the teacher paying the full premium cost. If the teacher fails to make payments or fails to return to work on recall when due, benefits shall be terminated.

25.5.1.4    The right to a written report on the status of the reasons for the lay-off when such report is requested.

25.6     Recall Period

25.6.1    While teachers continue on lay-off, the Committee agrees not to hire any new teachers unless:

25.6.1.   1No teacher on lay-off is qualified to fill a position.

25.6.1.2        All qualified teachers on lay-off declined an offer to fill the vacancy.

25.7       Seniority List

25.7.1       The Superintendent-Director shall provide a seniority list to the Association President no later than the first Monday in November. The Association President will distribute the list to members of the bargaining unit within five (5) school days after receipt from the Superintendent-Director. A teacher will have five (5) school days from the day the list is made available to him/her to notify the Superintendent-Director of any disagreements that he/she has with his/her placement on the list. If a teacher does not notify the Superintendent-Director of his/her disagreement within this five (5) day period, he/she will be taken to have waived his/her access to the grievance/arbitration procedure on this matter.

25.7.2       If a teacher has notified the Superintendent-Director of a problem, and if the matter remains unresolved, the Superintendent-Director shall within ten (10) school days of this notification meet with the individual to resolve the dispute. The Superintendent-Director shall have five (5) school days after said meeting to issue a decision.

25.7.3       The above procedure shall not in any way restrict an individual's right to utilize the grievance/arbitration procedure if the above procedure does not resolve the dispute. If a grievance is filed, it will be filed initially at Level Two of the grievance procedure. The time limits of the grievance procedure shall begin on the date that the Association makes the seniority list available to members of the bargaining unit.

25.8           All notifications to individual teachers required by this Article shall be simultaneously made to the Association.

25.9           The Committee shall promulgate guidelines to resolve ties before January 31st in the year of reduction in force.

25.10       The provisions of Article 25 shall not apply to the position of School Nurse.

ARTICLE XXVI

STRIKES AND PUBLIC PRESSURE

26.1      During the term of this Agreement, the Association shall not cause or sponsor, and no professional employee shall cause or participate in any strike, work stoppage, slowdown or withholding of services or other illegal activity directed against the Committee. Employees who participate in any such act may be disciplined or discharged without recourse to arbitration, provided however, that the question of their participation shall itself be subject to grievance and arbitration procedure.

ARTICLE XXVII

PAYROLL DEDUCTIONS

27.1     Dues Deduction

27.1.1  The Committee agrees to deduct from the salaries of Association members dues for the Blue Hills Regional Educational Association, Massachusetts Teachers' Association and/or the National Education Association, or any one of such Associations as said teachers individually and voluntarily authorize the committee to deduct, and to transmit the monies promptly to such Association or Associations. Teacher authorizations will be in writing in the form set forth below:

"DUES AUTHORIZATION CARD"

Name

Address

I hereby request and authorize the Blue Hills Regional District School Committee to deduct from my earnings and transmit to the Associations checked below, an amount sufficient to provide for regular payment of the membership dues as certified by such Associations in ten (10) equal payments over the remainder of the school year and for succeeding school years. I understand that the Committee will discontinue such deductions only if I give the Committee sixty (60) days advance written notice to do so.

I hereby waive all right and claim for said monies so deducted, and transmitted in accordance with this authorization, and relieve the Committee and all of its officers from any liability therefor.

TEACHER ORGANIZATIONS:

·         Blue Hills Regional Educational Association

·         Massachusetts Teachers' Association

·         National Education Association

Dated         Teacher's Signature

27.1.2    Each of the Associations named in 27.1.1 will certify to the Committee, in writing, the current rate of its membership dues. Any Association which will change the rate of its membership dues will give the Committee thirty (30) days' written notice prior to the effective date of such change.

27.1.3    Deductions referred to in 27.1.1 will be made in equal installments from such paycheck beginning with the first paycheck in October, or the first paycheck following the delivery of the teacher authorization to the Committee. The Committee will not, however, be required to honor for any paycheck 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.

27.1.4  Any teacher desiring to have the Committee discontinue deductions he/she has previously authorized must give the Committee and the Association concerned sixty (60) days' advance written notice.

27.2     Direct Deposit The Committee will allow an employee who so authorizes, in writing, to have his/her entire paycheck, less regular deductions, deposited directly in Bay Bank.

27.3.    Agency Fee Commencing on September 1, 1993, every employee covered by this Agreement if and when not a Member in good standing of the Association, shall pay or, by payroll deduction, shall have paid to the Association an agency service fee of One Hundred Percent (100%) of the affiliated dues; provided, however, that in no case shall such condition arise before the thirtieth (30th) day next following the date of the beginning of the employee's employment on the effective date of this Agreement, whichever date shall be later. An employee paying the agency service fee to the Association as provided herein may obtain from the Association a rebate of a pro rata share of certain expenditures of the Association, said expenditures as defined in G.L. C.150E, Section 12.

Commencing on September 1, 1993, said agency fee requirement will apply to employees hired prior to that date except that any such employees who have been continuously employed thereafter shall not be subjected to dismissal by reason of their failure to pay said fee or cause it to be paid as stated above, but alternatively will be exposed to civil liability or payment. Collection of such delinquent agency service fees shall be solely the responsibility of the Association, and the Committee shall not be required to take any action in regard to the continued employment of said delinquent employees.

For employees hired on or after September 1, 1993 payment of agency service fee shall constitute a condition of continued employment.

The Association shall indemnify the Committee against any damages or legal fees expended in compliance with this Section and shall comply with any rebate procedure or any process as may be required by State, Federal or Constitutional law. The failure of the Committee to perform any responsibility under this section, including but not limited to the failure of the Committee to notify any teacher on or before the teacher's initial employment date after August 31, 1993 of such teacher's obligation to join the Association or to pay an agency service fee, shall excuse the Association from its indemnification obligation hereunder in any legal proceeding brought by or on behalf of such individual teacher.

Newly hired teachers shall be required to sign a form acknowledging receipt of such notice from the school department. A copy of such form shall be supplied to the Association by the department.

ARTICLE XXVIII

GENERAL

28.1     As sole collective bargaining agent, the Association shall continue its policy of accepting into voluntary membership all eligible persons in the unit without regard to race, color, creed, national origin, sex or marital status. The Association shall represent equally all such teachers as established in 1.2.1 without regard to membership, participation in or activities in any employee organization.

The Committee agrees to continue its policy of not discriminating against any teacher on the basis of race, creed, color, national origin, sex, marital status or participation in or association with the activities of any employee organization.

ARTICLE XXIX

DURATION

29.1     Subject to the provisions of 29.1, 29.2.1 and 29.2.2, this Agreement will be in effect as of September 1, 2008 and will continue and remain in full force and effect until August 31, 2011. Said Agreement will automatically be renewed and will continue in full force and effect for additional periods of one year unless either the Committee or Association gives written notice to the other no later than ninety (90) days prior to the aforesaid expiration date of any anniversary thereof of its desire to reopen this Agreement and to negotiate over terms of a successor Agreement. If the Association or the committee does choose to reopen the Agreement, the Committee or the Association will notify the other party in writing of the specific Articles contained in the Agreement which they desire to modify, and the Articles not so specified for change will become incorporated into the new Agreement.

29.2.1    If the Committee or Association choose to reopen this Agreement as outlined in 29.1 of this Article, both parties will make every effort to come to an agreement on the new Contract being negotiated by November 1,2010, due to the budgetary requirements of the Blue Hills Regional Vocational School District Agreement.

29.2.2    The provisions of this Contract will remain in full force and effect until August 31, 2011. If the Agreement is reopened pursuant to 29.1 and negotiations are not completed by the expiration date, August 31, 2011, all the terms of this Agreement shall be automatically extended without change until negotiations are concluded, except for longevity or vertical step increments (Article 3, 3.3 and 3.11 - Salaries) which will be paid retroactively upon the conclusion of negotiations.

APPENDIX A

DEFINITION OF LEVELS

I.          Schematic of Level Definitions Schematic of Level Definitions outlining Traditional and Alternate Pathways to Advanced Preparational Attainment.

A – LEVEL

(ABC) - (VC)

A+15 LEVEL (ABC+15)-(VC+15)

B-LEVEL - TRADITIONAL               B-LEVEL - ALTERNATE

(M) - (VC+30)-(VAC)                         (ABC + 30 ALT)

B+l 5 - TRADITIONAL                      B+l5 - ALTERNATE

(M+l 5) (VC+45) (VAC+15)               (ABC+45 ALT)

C LEVEL - TRADITIONAL               C-LEVEL - ALTERNATE

(M+30 ) (VC+60 ) (VAC+30)             (ABC+45 - ALT+M)

C+l5 - TRADITIONAL                       C+l5 - ALTERNATE

(M+45) (VC+BS) (VAC+BS)              (ALT M+l5 ALT)

D-LEVEL - TRADITIONAL               D-LEVEL - ALTERNATE

(M+60) (VC+M+8) (VAC+M+8)      (ALT M+30 ALT)

SCHEMATIC LEGEND

ABC = Academic Bachelors Degree + Certification

VC = Vocational Teacher Certification

M = Master's Degree

VAC = Vocational Certification & Associate Degree

VC+BS = Vocational Certification & Bachelors Degree

VAC+BS = Vocational Certification & Associate & Bachelors Degree

ALTERNATE (15) (30) (45) = Alternate Pathway to Advanced Preparation

NOTE:   All official interpretation of above legend will be outlined in the following General Definition of Levels.

II.       Definition of Levels

A.         A Level The A Level for salary scheduling purposes shall refer to the Bachelors level for academic teachers and the vocational teaching certification requirement level as required by the Division of Occupational Education for vocational teachers.

B.         A+15 Level

1.                  Academic teachers are eligible for this level upon submission of 15 graduate credits toward a Master's Degree. Vocational-Technical teachers must have 15 credits toward an approved undergraduate program for a Bachelors Degree to attain this level. Vocational or technical courses, taken in the area in which the applicant it teaching, upon the approval of the Superintendent may be applied toward this level.

2.                  Courses and credits for application to this level must be taken after employment with the Regional School District.

3.                  Teachers anticipating lateral advance beyond the A + 15 Level must have all the requirements set forth in the (A) and (A + 15) levels as listed above. The pursuit of additional preparation beyond this point of departure must be either traditional or alternate.

C.         B Level

1.         Traditional

a.         The B Level will refer to the Master Degree level for academic teachers and to the 30-credit level for vocational teachers. These 30 credits must be toward an approved program outlined for a Bachelors Degree, or they may be in the area of professional improvement in the trade or technical subject in which the teacher is involved and proposes his/her improvement. Such trade-technical courses must have the prior approval of the Superintendent.

b.         Vocational technical instructors having an Associate Degree and having been approved and certified by the Division of Occupational Education, are eligible for this level.

2.        Alternate Certified academic teachers submitting 30 semester hours of credit in the major area of specialization and assignment, and having had prior approval of the Superintendent or his/her designee for such courses, are eligible for B Level Alternate.

3.        All instructional personnel submitting credit in evidence for this level (Traditional and Alternate), other than a Master's Degree or an Associate's Degree, must have earned such credit while in the employ of the Blue Hills Regional Vocational School District.

D.        B+15 Level

1.        Traditional Academic teachers having a Master's Degree are eligible for this level upon submission of 15 approved credits beyond the Master's Degree. Vocational-Technical teachers are eligible for this level upon submission of 45 undergraduate credits toward an approved Bachelor's Degree Program.

Certified Vocational-Technical teachers with an Associate Degree, upon submission of 15 credits beyond the B Level toward a Bachelor's Degree program, are eligible for this level.

2.        Alternate Certified academic teachers having 15 alternate credits previously approved by the Superintendent or his/her designee in the major area of the teacher's specialization and assignment beyond the "B" Level are eligible for alternate B+15.

3.        All instructional personnel to be eligible for Level B+15 (Traditional or Alternate), must have attained the B Level while in the employ of the Blue Hills Regional Vocational School

E.         C Level

1.        Traditional The C Level will require 30 graduate credits beyond the Master's Degree level for academic teachers and 60 credits beyond the vocational certification requirements for a Vocational-Technical teacher with an Associate Degree. Such credits must be attained at an accredited institution.

2.        Alternate For academic teachers who have elected alternate levels (B) and (B + 15), a Master's Degree is required for this level.

F.         C+15 Level

1.        Traditional The C -f 15 Level shall refer to 45 credit hours of graduate study beyond the Master's Degree level for academic teachers, and a Bachelor's Degree from an accredited institution for vocational teachers. All teacher applicants for this level must submit, in advance, a proposal of their professional objectives, prior to initiating a program of credit attainment beyond the C Level.

2.        Alternate 15 hours of graduate study in the teacher's major area of specialization previously approved by the Superintendent-Director or his/her designee beyond the Master's Degree attained at the Alternate C Level.

3.        Both academic and vocational teachers must have attained the Traditional or Alternate C Levels while in the employ of the Blue Hills Regional Vocational School District to be eligible for the C + 15 level.

G.          D Level

1.        Traditional

a.        The D Level will refer to 60 credit hours of graduate study beyond the Master's Degree from an accredited institution for the academic teacher, and a Master's Degree from an accredited institution for the Vocational-Technical teacher. To be eligible for this level, Vocational-Technical teachers must have been initially certified by the Division of Occupational Education and have established a minimum of 8 years of certified industrial and technical experience in the field for which they are teaching at the time of vocational certification. Such certification of occupational experience must be documented to the satisfaction of the District School Committee at the time of initial employment with Blue Hills.

b.        In the event a vocational teacher aspiring to D Level does not have the 8 years certified occupational experience at the time of his/her certification, he/she may substitute in lieu of occupational experience up to 4 years of teaching experience at Blue Hills.

2.        Alternate An alternate Master's Degree as attained at Alternate C Level, plus 30 alternate credits in the teacher's major area of specialization is required for this level. The alternate credits must have been proposed and approved prior to their undertaking by the Superintendent-Director or designee.

H.          The initial placement of a vocational teacher will reflect the actual degree that the teacher has earned. There shall be no lateral movement beyond that point until the teacher is fully approved as a vocational instructor.

I.           Notwithstanding any other provision of this Agreement:

1.                  At the time of initial hire, the Superintendent-Director has the authority to place teachers on intermediate initial columns where exceptional coursework or value to the school has been determined.

2.                  The Superintendent-Director has similar authority to authorize lateral movement for non-graduate level work which has a direct benefit to the school.

It is understood that the intent of sections 1 and 2 above is to allow the Superintendent-Director to place teachers on a higher column than what is required by contract.

APPENDIX B-l

September 1, 2008 Salary Schedule For Instructional Staff and School Nurse

(2%)

NOTE:  FOR CONTRACTUAL REFERENCE TO ALTERNATE PATHWAY ADVANCEMENT, REFER TO GENERAL DEFINITION OF LEVELS (APPENDIX A)

 

ABC = Academic Bachelors Degree & Certification

VC = Vocational Teacher Certification

M = Master's Degree

VAC = Vocational Certification & Associate Degree

VC+BS = Vocational Certification + Bachelors Degree

VAC+BS = Vocational Certification and Associate & Bachelors Degree

Alt (15) (30) (45) = Alternate Pathway To Advanced Preparation

APPENDIX B-2

Salary Schedule For Instructional Staff and School Nurse Effective 14^th Payroll of the 2008-2009 School Year

(1%)

NOTE:   FOR CONTRACTUAL REFERENCE TO ALTERNATE PATHWAY ADVANCEMENT, REFER TO GENERAL DEFINITION OF LEVELS (APPENDIX A)

 

ABC = Academic Bachelors Degree & Certification

VC = Vocational Teacher Certification

M = Master's Degree

VAC = Vocational Certification & Associate Degree

VC+BS = Vocational Certification + Bachelors Degree

VAC+BS = Vocational Certification and Associate & Bachelors Degree

Alt (15) (30) (45) = Alternate Pathway To Advanced Preparation

APPENDIX B-3

September 1, 2009 Salary Schedule For Instructional Staff and School Nurse

(3%)

NOTE:   FOR CONTRACTUAL REFERENCE TO ALTERNATE PATHWAY ADVANCEMENT, REFER TO GENERAL DEFINITION OF LEVELS (APPENDIX A)

 

ABC = Academic Bachelors Degree & Certification

VC = Vocational Teacher Certification

M = Master's Degree

VAC = Vocational Certification & Associate Degree

VC+BS = Vocational Certification + Bachelors Degree

VAC+BS = Vocational Certification and Associate & Bachelors Degree

Alt (15) (30) (45) = Alternate Pathway To Advanced Preparation

APPENDIX B-4

September 1, 2010 Salary Schedule For Instructional Staff and School Nurse

(3.5%)

NOTE:      OR CONTRACTUAL REFERENCE TO ALTERNATE PATHWAY ADVANCEMENT, REFER TO GENERAL DEFINITION OF LEVELS (APPENDIX A)

 

ABC = Academic Bachelors Degree & Certification

VC = Vocational Teacher Certification

M = Master's Degree

VAC = Vocational Certification & Associate Degree

VC+BS = Vocational Certification + Bachelors Degree

VAC+BS = Vocational Certification and Associate & Bachelors Degree

Alt (15) (30) (45) = Alternate Pathway To Advanced Preparation

APPENDIX C

LEAD TEACHERS

Refer to Appendix I for red-circling provisions applicable to members who held Cluster Chair or Lead Teacher positions during the 2007-2008 school year.

Appendix C shall not apply to the position of School Nurse.

APPENDIX D

STUDENT ADVISORS

The inclusion of a particular advisor on the list set forth at Appendix D does not obligate the Committee to fill or retain the position. Appointment to advisor positions are annual.

APPENDIX E

COACHES AND INTRAMURAL SPORTS

I. COACHES STIPEND

 

II. INTRAMURAL SPORTS

The number of activities per season shall be determined by the Coordinator with the approval of the Superintendent-Director.

III. COACHING PROMOTIONS

A.          Salary Placement

1.                  An Assistant Coach who is promoted to Head Coach will be placed on the Head Coaching Salary Schedule at a position corresponding to the next higher monetary increase over the assistant coach's present salary. An exception to this is that when an assistant coach who was on maximum salary as an assistant coach is promoted to head coach within that same sport, said coach shall be placed at Level III for salary purposes.

2.                                     A coach appointed from outside the system shall be placed on the schedule at the level appropriate to his outside experience in that position.

3.                                     Assistant High School Coaches of approved sports programs will receive sixty percent (60%) of the Head Coach's salary in the level category for which they have been appointed or to which they are due to advance.

4.                                     If a coach of a boys' team is selected to fill the comparable position in regard to the girls' team in the same sport (i.e., boys' head coach becomes girls' head coach, or boys' assistant coach becomes girls' assistant coach), or vice versa, then said individual will be paid at the same level that he or she would have been paid had he or she stayed with the former team.

5.                  When possible, a check, separate from the teaching salary check, shall be issued to each Coach at the conclusion of his or her  season with the approval of the Athletic Director.

A.         Appointments

1.                  It is agreed that all athletic appointments as listed under Appendix E must be approved on an annual basis.

Appendix E shall not apply to the position of School Nurse.

APPENDIX F

AFTERNOON, EVENING SCHOOL AND SUMMER SCHOOL

Instructional Staff The payment set forth for the instructional staff shall be for clock hours and classes worked.

A.          Afternoon Programs/Evening School Teachers in Afternoon Programs or Evening School for Federal, State or locally approved special projects beyond the regular school day, having had formal approval of the District School Committee, will be paid on the following basis:

Clock Hours of Instruction   2008-2009   2009-2010    2010-2011

3%              3%            3.50%

One Clock Hour                       36.64          37,74          39.06

Two Clock Hours                      73.28          75.48          78.12

Three Clock Hours                   109.94                       113.24             117.21

Members who are appointed to teach Evening School through the Continuing Education Program will be paid for one-half hour preparation time in addition to the clock hours of instruction for the classes in question.

B.          Summer School

APPENDIX G

SIDE LETTER OF AGREEMENT

BETWEEN

BLUE HILLS REGIONAL SCHOOL DISTRICT COMMITTEE

AND THE

BLUE HILLS REGIONAL TECHNICAL SCHOOL EDUCATIONAL

ASSOCIATION, INC.

This SIDE LETTER OF AGREEMENT is entered into by and between the Blue Hills Regional School District Committee (hereinafter the "Committee") and the Blue Hills Regional Technical School Educational Association, Inc. (hereinafter the "Association").

WHEREAS, the Committee and the Association are parties to a Collective Bargaining Agreement for the period of September 1, 2005 through August 31, 2008; and,

WHEREAS, the Committee and the Association have met and negotiated over the terms of a successor contract for the period of September 1, 2008 through August 31, 2011; and,

WHEREAS, during the course of the negotiations referenced above, the Committee notified the Association of its decision to engage in a reorganization eliminating all Cluster Chair positions and creating additional Lead Teacher positions; and,

WHEREAS, it is the Committee's position that the decision to reorganize existing positions, including the decision to eliminate, combine, and/or create positions, is a nondelegable managerial prerogative and does not constitute either a mandatory subject of bargaining or a permissive subject of bargaining; however, the Committee does acknowledge that the Association has the right to demand bargaining over the impact of such decisions; and,

WHEREAS, some of the duties and responsibilities of Cluster Chairs, as well as the rates of compensation, are included in the parties' Agreement, the Committee is willing to combine the impact bargaining of its decision with these negotiations and, as such, includes this matter herein. By doing so, the Committee does not concede or waive any of its managerial rights relative to level of service/reorganization decisions; and,

WHEREAS, the Association demanded to bargain over the impact of the Committee's decision and agreed to incorporate these negotiations into the successor negotiations referenced above, without conceding any rights under law or contract;

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1.         Effective September 1, 2008, all Cluster Chair positions are eliminated.

2.         Effective September 1, 2008, the following Lead Teacher positions are created:

Automotive Collision Repair and Re-Finishing

Automotive Technology

Business Education

Computer Technology

Construction Technology

Cosmetology

Culinary Arts

Drafting/CAD

Early Education & Care

Electrical

Electronics

Engineering

English & Languages

Graphic Communications

Guidance

Health Occupations

HVAC & R

Math

Metal Fabrication and Joining Technologies

Physical Education/Health

Practical Nursing

Science

Social Studies

Special Education

Visual Design

3.                     Effective September 1, 2009, the Business Education Lead Teacher position will be eliminated and the Business Education Staff will merge into the Math Department.

4.                     Lead Teachers in departments with five (5) or more teachers, including themselves, will have a reduced teaching schedule of one period per day. Notwithstanding the above, for School Year 2008-2009 only, the Science Lead Teacher will not have a reduced teaching schedule of one period per day. The Science Lead Teacher agreement is unique to the 2008-2009 School Year and shall not be cited as a past practice or precedent for the future.

5.                     Lead Teachers will be filled by annual appointment by the Superintendent-Director. In making September 1, 2008 appointments to Lead Teacher positions, the Superintendent-Director will not arbitrarily or capriciously deny a former Cluster Chair or Lead Teacher an appointment to a Lead Teacher position.

6.           Lead Teacher Compensation:

a.        Effective September 1, 2008, Lead Teachers will be compensated according to the following schedule which will be incorporated into Appendix C of the Agreement, except for those being paid pursuant to the list attached hereto as Attachment 1.

b.        Members who held Cluster Chair or Lead Teacher positions during the 2007-2008 school year and who are appointed to Lead Teacher positions for the 2008-2009 school year shall be red-circled at the rate set forth at the 2007-2008 rate unless the number of teachers in the department is reduced. If the number of teachers in the department is reduced, then the following shall apply:

1.)        if the reduction is fifty percent (50%) or less, then the stipend will be reduced proportionately subject to a maximum loss of twenty percent (20%);

2.)        if the reduction is more than fifty percent (50%), then the stipend will be reduced proportionately subject to a maximum loss of forty percent; provided that the reduced rate is no lower than the Lead Teacher stipend set forth in the Chart at Paragraph 6 (a), above. In such case, the member will paid in accordance with the Chart at Paragraph 6 (a).

c.            The red-circled rates referenced above are set forth in Attachment 1. The red-circled rates will remain fixed until such time as the negotiated increases for the Lead Teacher stipends, as set forth at Paragraph 6 (a) above, catch up to the red-circled rates. At that time, the higher negotiated rate for the Lead Teacher position will apply.

d.           Commencing with School Year 2009-2010, if there is a change in the number of teachers in a department of a Lead Teacher named in Attachment 1, then the following shall apply:

1.)       decreases in staffing shall be paid in accordance with the provisions of Paragraph 6 (b) above;

2.)       Increases in staffing shall be paid in accordance with the chart set forth at Paragraph 6 (a) above or the rate set forth at Attachment 1 , whichever is greater.

The determination of whether there has been a change in a department shall be made as of the start of each school year.

WHEREFORE, the Committee and the Association have caused this SIDE LETTER OF AGREEMENT to be executed by their duly-authorized representatives this day of October, 2008.

BLUE HILLS REGIONAL DISTRICT                        BLUE HILLS EDUCATION

COMMITTEE                                                              ASSOCIATION

__________________________                                _____________________________

APPENDIX G

ATTACHMENT 1

LEAD TEACHER COMPENSATION

Attachment 1

APPENDIX H

SIDE LETTER OF UNDERSTANDING

BETWEEN

BLUE HILLS REGIONAL SCHOOL DISTRICT COMMITTEE

AND THE

BLUE HILLS REGIONAL TECHNICAL SCHOOL EDUCATIONAL

ASSOCIATION, INC.

This SIDE LETTER OF UNDERSTANDING is entered into by and between the Blue Hills Regional School District Committee (hereinafter the "Committee") and the Blue Hills Regional Technical School Educational Association, Inc. (hereinafter the "Association") and sets forth the parties' understanding of their past practices for LPN instructors with respect to Hours and Load (Article IV), Substitute Teachers (Article XXI), and Textbook and Tools (Article XXII). These provisions shall govern these subjects and it is specifically agreed that Articles IV, XXI, and XXII of the parties' Collective Bargaining Agreement are inapplicable to LPN instructors.

1.         Hours and Load

a.         The work year is forty (40) weeks long. Instructors begin work on the Tuesday after Labor Day and the students begin on the Wednesday after Labor Day. The work year ends two days following graduation which is held on the last Sunday of June.

b.         Instructors are required to work the forty (40) week work year. When the number of days in the work year extends beyond 183 days, the instructors are paid the per diem rate for each day worked beyond 183 days (per diem rate = annual Appendix B salary/183). The work year of the "Practical Nursing Lead Teacher" (formerly called "Cluster Chair") is ten (10) days beyond the instructors' work year. The Lead Teacher is paid the per diem rate for each day worked beyond the 183 days (per diem rate = annual Appendix B salary/183). With the advance approval of the Superintendent, the Lead Teacher may work additional days and be compensated at the per diem rate.

c.         The elapsed time of the work day is seven (7) hours for instructors.

d.         LPN instructors do not work on any day that Blue Hills Regional Technical High School is not in session except that flexibility is provided for the purpose of scheduling clinical make-up days on weekends, evening and/or over school vacations.

e.        LPN instructors are required to attend the following evening meetings: an Open House in the Fall and the Spring and an Advisory Board meeting in the Fall.

f.          LPN instructors do not attend in-service sessions. LPN instructors do attend outside workshops and conferences with prior permission from the Director of Vocational Programs. The cost of these workshops and conferences is paid out of the LPN program budget.

g.         LPN instructors are paid in accordance with Appendix B.

2.         Substitute Teachers

a.          For short term absences, LPN instructors cover for one another. No substitute is called.

b.          For a long term absence, a substitute teacher may be called for coverage.

3.         Textbook and Tools It is the responsibility of the LPN program to purchase the textbooks, tools and equipment necessary to run the program.

WHEREFORE, The Committee and the Association have caused this Side Letter of Agreement to be executed by their duly-authorized representatives this____________________________ day of May, 2005.

WHEREFORE, the Committee and the Association have caused this SIDE LETTER OF AGREEMENT to be executed by their duly-authorized representatives this _______ day of January, 2005.

BLUE HILLS REGIONAL DISTRICT                         BLUE HILLS EDUCATION

COMMITTEE                                                              ASSOCIATION

__________________________                                ______________________

APPENDIX I

BLUE HELLS REGIONAL TECHNICAL SCHOOL

TEACHER EVALUATION FORM

Staff Member Name:___________________________ Department:___________

Evaluator Name:____________________________ Position:_______________

School Year:       _______________      Staff Member Status:___________________

I PERFORMANCE RATINGS:________________________________________

# 1.    NEEDS IMPROVEMENT:* Individual performs at a level which is unacceptable and requires a plan of improvement in a specific area of performance. This is to ensure consistent student development and/or organizational effectiveness.

# 2.    COMPETENT: Individual performs duties thoroughly and at a level which meets requirements of the position. This level of performance is consistent even under varying conditions.

# 3.    COMMENDABLE: Individual performs duties at a level which exceeds the requirements for this position. Demonstrates achievement which contributes to student development and/or organizational effectiveness beyond the primary work objectives.

# 4.    DISTINGUISHED:* Individual performs duties demonstrating unusual ability to consistently, constantly, and successfully exceed all requirements for the position.

* Information must be /8/98; Revised 5/2/00

APPENDIX I

PRE-EVALUATION COMMENTS:

EVALUATOR COMMENTS:

STAFF MEMBER COMMENTS:

PRE-EVALUATION VERIFICATION:

Evaluator signature below indicates validation of the evaluative statements on the Pre-Evaluation Form. Staff Member signature does not necessarily indicate concurrence with the Pre-Evaluation Form, but acknowledges that it has been discussed.

Staff Member Signature:________________________________ Date:_______________

Evaluator Signature:___________________________________ Date:______________

BLUE HILLS REGIONAL TECHNICAL SCHOOL

TEACHER EVALUATION FORM

PERFORMANCE RATINGS:

(1) Needs improvement*         (2) Competent  (3) Commendable        (4) Distinguished *

* Additional information must be provided for ratings 1 & 4

RATING                             COMMENTS

1.         CURRENCY IN THE CURRICULUM:

a)         The teacher is up to date regarding curriculum content.

2.         EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION:

a)         The teacher plans instruction effectively.

b)         The teacher plans assessment of student learning effectively.

c)         The teacher monitors student's understanding of the curriculum effectively and adjusts instruction, materials, or assessments when appropriate.

3.         EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT:

a)         The teacher creates an environment that is positive for student learning and involvement.

b)         The teacher maintains appropriate standards of behavior, mutual respect and safety.

PERFORMANCE RATINGS:

(1)        Needs improvement*   (2) Competent  (3) Commendable        (4) Distinguished*

RATING                                       COMMENTS

4.         EFFECTIVE INSTRUCTION:

a)                  The teacher makes learning goals clear to the students.

b)                  The teacher uses appropriate instructional techniques.

c)                  The teacher uses appropriate questioning techniques.

d)                  The teacher evaluates, tries innovative approaches, and refines instructional strategies, including the use of technologies, to increase student learning and confidence to learn.

5.         PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT:

a)         The teacher communicates learning goals and high standards and expectations to students.

b)         The teacher promotes confidence and perseverance in the student that stimulate increased personal student responsibility for achieving the goals of the curriculum.

6.         PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY:

a)                  The teacher strives to ensure equitable opportunities for student learning.

b)                  The teacher demonstrates appreciation for and sensitivity to the diversity among individuals.

PERFORMANCE RATINGS:

(1)Needs improvement*    (2) Competent        (3) Commendable        (4) Distinguished*

RATING                                       COMMENTS

7.         FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES:

a)                  The teacher is constructive and cooperative in interactions with parents and receptive to their contributions.

b)                  The teacher shares responsibility for accomplishing the goals and priorities of his, her, grade, team department, building and school district.

c)                  The teacher is a reflective and continuous learner.

POST-EVALUATION COMMENTS:

EVALUATOR COMMENTS:

Addendum attached:______

STAFF MEMBER COMMENTS:

Addendum attached:______

POST-EVALUATION VERIFICATION:

Evaluator signature below indicates validation of the evaluative statements on the Post-Evaluation Form. Staff Member signature does not necessarily indicate concurrence with the Post-Evaluation Form, but acknowledges that the evaluation has been read.

______________________________                         _____________________

Staff Member Signature                                                Date

________________________________                     ___________________________

Evaluator Signature                                                      Date

APPENDIX J

PUBLIC EMPLOYEE COMMITTEE

MEMORANDUM OF AGREEMENT

WHEREAS, the District School Committee of Blue Hills Regional Vocational High School voted on September 23, 2008 to accept M.G.L. c. 32B, §19 (Section 19) for the purpose of transferring the District's health insurance subscribers; and

WHEREAS, the District School Committee (DSC or District) and the duly-formed Public Employee Committee (PEC) have negotiated for such transfer;

NOW, THEREFORE, the DSC and the PEC agree as follows:

Effective Date and Duration of Agreement

1.          The Agreement shall take effect on the date the DSC and the PEC execute the Agreement and shall remain in effect through June 30, 2015.

Transfer of Health Coverage to the GIC

2.                     The District will transfer subscribers to the GIC as soon as possible after the execution of this Agreement and will continue coverage through the GIC through June 30, 2015. For purposes of this Agreement, the term "subscribers" shall mean all employees, retirees, surviving spouses and dependents, currently eligible for and receiving health insurance through the District and any employees, retirees, surviving spouses and dependents who become eligible for and receive health insurance through the District in the future.

3.                     The District will provide notice to the GIC of the District's transferring subscribers to the GIC by sending a copy of this Agreement to the GIC as soon as possible after the DSC and the PEC execute the Agreement, and in no event later than October 1, 2008.

4.                     The District will take all reasonable and necessary actions required by the GIC to effectuate the transfer no later than July 1, 2009 and to maintain coverage thereafter for the duration of this Agreement.

Contribution Splits

HMO, PPO and Indemnity Plans - 85/15 Split

5.           For the duration of this Agreement, the District will contribute eighty-five percent (85 %) of the premium or cost for any health maintenance (HMO), preferred provider (PPO) or indemnity plan offered by the GIC and the subscriber shall contribute fifteen percent (15 %). Such plans presently include:

•                         Neighborhood Health Plan (NHP Care)

•                         Fallon Select Care

•                         Fallon Direct Care

•                         Fallon Senior Plan

•                         Health New England

•                         Health New England MedPlus

•                         Tufts Health Plan Medicare Complement

•                         Tufts Health Plan Medicare Preferred

•                         Harvard Pilgrim Health Care Independence

•                         Tufts Health Plan Navigator

•                         UniCare State Indemnity Plan Plus

•                         UniCare State Indemnity Plan Community Choice

•                         UniCare State Indemnity Plan / Basic with CIC

•                         UniCare State Indemnity Plan / Medicare Extension (OME) with CIC

•                         Harvard Pilgrim Medicare Enhance

•                         UniCare State Indemnity Plan/Basic without CIC

•            UniCare State Indemnity Plan/Medicare Extension (OME) without CIC

If the GIC offers any new or additional HMO, PPO or indemnity plans during the life of this agreement, the same contribution rate shall apply.

Medicare Enrollment-70/30 Split

6.          Subscribers who are eligible or who become eligible for Medicare shall transfer to Medicare coverage. The District shall pay any Medicare Part B premium penalty assessed by the federal government and will contribute seventy percent (70%) of the monthly cost of the Medicare Part B enrollment for any subscriber enrolled in Medicare and the subscriber will contribute thirty percent (30%). On the second Thursday of each month, the District shall send payment of its share of the current month Medicare Part B premium to the home address on file for any Medicare eligible subscriber. The subscriber shall notify the District of any changes to his or her address during the life of the agreement.

Retired Teachers Already in the GIC-

90/10 Split for HMO/PPO/Indemnity

7.           For the purpose of "red-circling", maintaining, and freezing previously-held benefits: The District will contribute ninety percent (90%) of the premium or cost of any plan selected by any subscriber who as of July 1, 2009 was receiving health insurance through the GIC pursuant to section 12 of chapter 32 A (RMT subscriber) and the RMT subscriber will contribute ten percent (10%).

The District will pay zero percent (0%) towards the cost of the Medicare Part B premium for any red-circled RMT subscriber.

Hiatus Period

8.           Premium Payments by Employer During Hiatus Period

New employees are eligible to enroll in the GIC within 10 calendar days of the

first date of employment. GIC benefits begin on the first day of the month

following sixty (60) days or two (2) full calendar months of employment,

whichever is less. This period between the date of employment and the

effective date of coverage is hereinafter referred to as the "Hiatus Period."

During the Hiatus Period, the District shall pay a stipend to the newly hired subscriber that is equal to eighty-five percent (85%) of the health insurance premium for the plan in which the employee has enrolled.

9.           GIC Retroactive Effective Date of Coverage for Uncovered Medical Expenses If a subscriber incurs uncovered medical expense(s) during the Hiatus Period that, in sum, exceeds the full-cost of the health insurance premium of the GIC plan in which the subscriber enrolled, the subscriber may file a written request to the GIC for approval of health coverage to become effective on the first day of employment. Upon approval by the GIC, coverage shall take effect as of the first day of employment. In this event, the employee shall sign a payroll deduction form that authorizes the District to deduct one hundred percent (100%) of the premium cost for the health insurance plan in which the subscriber is enrolled. The payroll deductions shall be made in equal installments over a period of time that is mutually agreed upon by the District and the subscriber except that, in no case, shall the payroll deduction period extend into a new fiscal year. Once this payroll authorization form is executed and submitted to the District, the District shall submit the full-cost health insurance premium of retroactive coverage approved by the GIC in a timely manner.

Flexible Spending Accounts

10.      The District shall retain a third party administrator to administer the Cafeteria Plan set forth in Article 19.1.7 of the collective bargaining agreement between the Blue Hills Education Association and the DSC. The DSC shall pay the one-time set up costs to implement the program. The District shall pay any administrative fees for subscribers who opt into the program for the duration of this Agreement. The program shall include a voluntary debit card system if one is available. Employees may set aside funds up to the maximum amount permitted by the Internal Revenue Code. One half hour of in-service time in October or November of each school year shall be scheduled during the school day to allow the representative of the third party administrator the opportunity to explain the benefits of enrolling in the Cafeteria Plan to the employees.

______________________________________________________________________________

¹ In the event that the GIC changes the terms of the "Hiatus Period", then the new terms shall apply.

_____________________________________________________________________________

Life and Dental Insurance

11.        After subscribers are transferred to the GIC_? the District shall offer life insurance and dental insurance to subscribers at the same terms as were provided to group insurance participants prior to transfer to the GIC.

Future Meetings of DSC and PEC

12.        The PEC shall be composed of a union representative from each collective bargaining unit which negotiates with the DSC and a retiree representative designated by the Retired State, County and Municipal Employees Association. Each union representative and the retiree representative shall have the option of allowing one additional representative , who is not an employee or retiree of the District, to attend meetings of the PEC and the DSC or its designee.

13.        The DSC and the PEC shall establish a regular schedule of meetings to discuss the implementation of this Agreement and any issues relating to the effectiveness and efficiency of health coverage for subscribers. Such meetings shall take place quarterly, unless agreed otherwise. Meetings will be held at times and places which are mutually agreed upon by the DSC and the PEC. In addition, either party may convene a meeting upon seven days' notice to the other party, unless there is an emergency that requires shorter notice. Meeting notices will be provided to the DSC and to the PEC in writing. The DSC may provide notice of a meeting or a series of meetings up to twelve months in advance of a meeting. Each employee, who is a representative on the PEC from each bargaining unit, shall receive one compensatory day off with pay per school year in consideration for attending meetings of the PEC.

Correspondence and Information

14.        The District shall make available to the PEC copies of any correspondence between the District and the GIC or between the District and any provider of health care.

Health Coverage After June 30, 2015

15.         The DSC or its designee and the PEC will begin negotiations for a successor agreement pursuant to Section 19 no later than January 2, 2014. At the request of the PEC, the DSC will present a proposal for alternative plans which are at least the actuarial equivalent of those offered by the GIC for the 2014-2015 plan year so that the parties may fully explore and negotiate the health coverage to be provided to subscribers starting on July 1, 2015. If a successor agreement is not reached by May 15, 2014, the parties shall participate in mediation with a mutually agreeable mediator. If there is no mutual agreement on the selection of a mediator, then the parties shall petition the Division of Labor Relations for mediation. If the parties have not reached a successor agreement by September 1, 2014 then the terms of this PEC Agreement shall constitute the terms of the successor agreement except that all of the terms contained herein shall be modified to be consistent with the termination date of June 30, 2018 and the successor agreement shall include the following provision for health coverage after June 30, 2018:

The DSC or its designee and the PEC will begin negotiations for a successor agreement pursuant to Section 19 no later than January 2, 2017. At the request of the PEC, the DSC will present a proposal for alternative plans which are at least the actuarial equivalent of those offered by the GIC for the 2017-2018 plan year so that the parties may fully explore and negotiate the health coverage to be provided to subscribers starting on July 1,2018. If a successor agreement is not reached by May 15, 2018, either party may file for final and binding arbitration of all unresolved issues, including but not limited to, whether to withdraw from GIC coverage, the health coverage which will be provided if subscribers are withdrawn from the GIC and premium contributions. The arbitration proceeding shall be administered by the American Arbitration Association under the procedures set forth in its Labor Arbitration Rules. The arbitrator shall render a decision no later than September 1, 2017. Although the arbitrator's decision is final and binding, the parties may mutually agree to reject any or all of the arbitrator's decision. The parties shall execute a successor agreement no later than September 15, 2017.

16.        The DSC will send a copy of the successor PEC agreement to the GIC as soon as possible after the DSC and the PEC execute the successor agreement and in no event later than October 1, 2014.

Effect of Agreement

17.                 This Agreement shall be binding on all subscribers and shall supersede any conflicting provisions of any District policies or any collective bargaining agreements between the District and any unions representing District employees.

18.                 The District's acceptance of Section 19 is conditioned on transferring its subscribers to the GIC. In the event the District ceases to provide health insurance through the GIC, the District and the PEC agree to maintain Section 19 to bargain health insurance coverage until such time as the DSC and the PEC through approval by seventy percent (70%) of the weighted vote of the representatives of the PEC agree otherwise.

Cancellation

19.         In the event the District is delinquent in making payments as required by the GIC and the GIC notifies the District that it intends to exercise its option to cancel coverage pursuant to Section 19, the District will immediately notify the PEC, present it a proposal for plans which are at least the actuarial equivalent of those offered by the GIC, and engage in negotiations with the PEC for replacement coverage.

Arbitration of Disputes

20.         Either party may submit a dispute between the parties concerning the interpretation or application of this Agreement to the American Arbitration Association for arbitration under its Labor Arbitration Rules. A request for arbitration by the PEC must be approved by seventy percent (70%) of the weighted votes of the representatives on the PEC.

Severability Clause

21.         If any provision or portion of the Agreement is found to be unenforceable or unlawful, the remaining provisions or portions shall remain binding.

Scope & Modification

22.         This Agreement shall constitute the whole of the Agreement between the DSC and the PEC. The Agreement may be modified only by a writing signed by the DSC and the PEC.

Authorization to Sign Agreement

23.         Each signatory to this Agreement is authorized to bind the entity he/she represents. The PEC represents that it has the authorization and approval of seventy percent (70%) of the weighted votes of the PEC and that this Agreement is binding on all subscribers and their representatives.

Executed on behalf of the District School Committee and the Public Employee Committee:

DISTRICT SCHOOL COMMITTEE

____________________                                            __________________

Chair                                                                            Date

____________________                                            __________________

Date

_______________________                                     ____________________

Date

PUBLIC EMPLOYEE COMMITTEE

___________________________                           ________________

BHEA/MTA/NEA                                                         Date

___________________________                           ________________

SEW Cafe                                                                     Date

___________________________                            ________________

SEIU Clerical                                                                Date

___________________________                            ________________

SEIU Custodial/Maintenance                                         Date

___________________________                            ________________

BHAA                                                                           Date

___________________________                             ________________

Retiree Representative                                                   Date

S:\BHILLS\TCHRNEGS\CBA\08-1 l\bheacba081 lFINALl20908.doc

APPENDIX K

MEMORANDUM OF AGREEMENT

BETWEEN

BLUE HILLS REGIONAL VOCATIONAL SCHOOL DISTRICT COMMITTEE

AND THE BLUE HILLS EDUCATION ASSOCIATION

This MEMORANDUM OF AGREEMENT is entered into by and between the Blue Hills Regional Vocational School District Committee (hereinafter the "Committee") and the Blue Hills Education Association (hereinafter the "Association").

WHEREAS, the Committee and the Association have entered into a Collective Bargaining Agreement for the period of July 1, 2005 through June 30, 2008; and,

WHEREAS, since that time, the Committee has adopted a policy related to the implementation of recent amendments to Massachusetts General Laws chapter 71, section 38R relative to criminal record checks on applicants and current employees of public schools; and,

WHEREAS, the Committee and the Association have met and negotiated over the impact of the Committee's Criminal Record Information (CORI) policy on the wages, hours, terms and conditions of affected members;

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1.                  Effective the date of this Agreement, employees shall be subject to CORI checks consistent with the Haverhill Public Schools CORI Policy.

2.                  In implementing its CORI Policy, the Committee agrees that the Superintendent shall be the individual responsible for requesting, reviewing and handling CORI information. The Superintendent may allow the Assistant Superintendent/Principal to review such CORI information in the Superintendent's office, where the Superintendent determines that the Assistant Superintendent/Principal's review of such information is appropriate.

3.                  All CORI information on members shall be maintained in a locked file cabinet(s) in the office of the Superintendent. Access to such files shall be limited to the individuals set forth at Paragraph 2.

4.                  Members shall be required to complete a CORI Request Form prior to the filing of such request by the administration. Use of this form shall serve as the member's notice that the CORI check is being performed. Upon a members' written request, he/she shall be provided with access to any report issued from the Criminal History Systems Board.

5.         Any disciplinary action taken as a result of information set forth in a CORI report shall be handled in a manner consistent with applicable law and collective bargaining agreement provisions.

WHEREFORE, the Committee and the Association have caused this MEMORANDUM OF AGREEMENT to be executed by their duly-authorized representatives this            day of October, 2003.

Blue Hills Regional Vocational                 Blue Hills Education

School Committee                                              Association

By: ____________________________  By: _________________________

Joseph Ciccolo                                                Brian Gearty

Its Superintendent                                           Its President

APPENDIX L

MEMORANDUM OF AGREEMENT

BETWEEN

BLUE HILLS REGIONAL SCHOOL DISTRICT COMMITTEE

AND

THE BLUE HILLS REGIONAL TECHNICAL SCHOOL EDUCATIONAL

ASSOCIATION, INC.

This MEMORANDUM OF AGREEMENT is entered into by and between the Blue Hills Regional School District Committee (hereinafter the "Committee") and the Blue Hills Regional Technical School Educational Association, Inc. (hereinafter the "Association").

WHEREAS, the Committee and the Association have entered into a Collective Bargaining Agreement for the period of September 1, 2001 through August 31, 2004; and,

WHEREAS, since that time, the Committee has adopted a policy related to the safety and security of the school building, personnel and students which requires all staff to wear identification badges; and,

WHEREAS, the Committee and the Association have met and negotiated over the impact of the identification badge policy on the wages, hours, terms and conditions of affected members;

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

1.                   Effective June 1, 2002 members shall be required to wear photo identification badges. Said badges shall be worn by members in a clearly visible manner, promptly upon entering the building and at all school events at which the member is functioning in his/her official capacity.

2.                   The Committee shall provide two (2) identification badges for each member. One badge will be provided to the member and the second badge will be retained by the office of the Superintendent-Director and made available to the member in the event s/he has forgotten, lost or misplaced his/her originally issued badge.

3.                   The Superintendent-Director's office will also have a generic staff identification badge available as a backup to the personal identification badges referenced above.

4.                   Members shall not be responsible for any costs associated with the original badge or any replacement badge.

5.         It is understood that the issuance of identification badges to faculty members is one part of an evolving safety and security plan for Blue Hills Regional Technical High School. It is agreed that the Superintendent will consider all recommendations made by the School Council when formulating his recommendation(s) to the School Committee relative to a policy for student identification badges.

WHEREFORE, the Committee and the Association have caused this MEMORANDUM OF AGREEMENT to be executed by their duly-authorized representatives this _____ day of April, 2002.

______________________________                 ________________________________

Blue Hills Regional School Committee                 Blue Hills Regional Technical School

Educational Association, Inc.

INDEX