Whitman-Hanson

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

WHITMAN-HANSON REGIONAL SCHOOL COMMITTEE

AND WHITMAN-HANSON EDUCATION ASSOCIATION

UNIT A

CONTRACT PERIOD

JULY 1, 2012 TO JUNE 30, 2015

 

ARTICLE 1

RECOGNITION AND NON-DISCRIMINATION

Section A – Recognition

1.         Subject to the terms and provisions hereinafter provided and in accordance with the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, the Committee, during the term of and to the extent provided in the Agreement, recognizes the Whitman-Hanson Education Association (Association) as the exclusive collective bargaining representative with respect to wages, hours, standards of productivity and performance and other conditions of employment in the bargaining unit consisting of all full and regular part-time teachers, teaching specialists, guidance counselors, adjustment counselors, school psychologists, nurses, librarians, and head teachers, employed by the District, and excluding the Superintendent, Assistant Superintendents, Principals, Assistant Principals, Curriculum Coordinators, PK-12 Special Education Administrator, Athletic Director, Guidance Director, Administrative employees, long term substitutes, office and clerical employees, custodial employees, cafeteria employees and all other professional and non-professional employees

2.         Any coach or extra-curricular advisor, who does not also hold one of the titles listed above, shall be covered by this Agreement solely for the purpose of wages as set forth in Appendices A3 and A4 of this Agreement.

Section B – Definitions

The terms “teacher”, “professional employee” and “employee” are used interchangeably in this Agreement to refer to members of the bargaining unit described in Section A above.

Section C – Non-Discrimination

The District and the Association agree that the provisions of this Agreement shall be applied without regard to race, color, religious creed, age, sex, national origin, marital status, handicap/disability and sexual orientation and that they will not at any time directly or indirectly or in any manner whatsoever apply or attempt to apply any discipline, discrimination, penalty or reprisal against any professional employee who engages or refrains from engaging in lawful Association activities.

ARTICLE 2

MANAGEMENT RIGHTS

Section A – Authority of District/Superintendent

Subject only to the express provisions of this Agreement and the applicable provisions of law concerning the sharing of authority and responsibility between the Superintendent and the District, the right and responsibility to operate, manage and control the public schools and the educational activities within the District and the right to direct and control the work of the employees and the use of its properties and facilities are vested exclusively in the Superintendent and/or the District.

Section B – Listing of Rights

These rights, whether exercised or not, include without being limited to all the rights and powers given to the Superintendent and District by law, the right to select, employ, train, assign, transfer, promote and direct the work of the professional employees and to periodically evaluate and determine their qualifications; to organize the supervisory staff and the professional employees and to establish, change, and discontinue improved and experimental methods, facilities, operations, processes, services and techniques; to discipline, suspend or dismiss professional employees in the manner provided by law; to obtain from any source and to contract and subcontract for materials, services, supplies and equipment; to establish and change any form of employee benefit in excess of or in addition to those provided in this Agreement; to establish, modify and enforce policies and regulations regarding studies, curriculum, conduct, library and reference facilities, textbooks, discipline, schedules and safety regulations; to control, direct and change facilities and services for the use or benefit of all employees and all other rights pertaining to change of conditions of employment not specifically given in this Agreement to the Association or to the professional employees provided, however, that none of these rights shall be exercised by the Superintendent and/or the District contrary to any express provision of this Agreement.

Section C – Exercise of Rights

The failure by the Superintendent and/or the District to exercise any of the rights as provided in this Article shall not be construed as a waiver of these rights. The exercise by the Superintendent and/or District of any of the rights as provided in this Article shall not be subject to the grievance procedure or to arbitration as provided in Article 3. Except as otherwise specifically provided in this Agreement and except when the Association is notified otherwise, in writing, the District designates the Superintendent as the agent of the District with respect to all matters pertaining to the administration of the provisions of this Agreement.

ARTICLE 3

GRIEVANCE PROCEDURE

Section A - Purpose

The purpose of the grievance procedure is to produce prompt and equitable solutions to those problems which from time to time may arise and affect conditions of employment of the employees covered by this Agreement. The grievance procedure is the exclusive method for the adjustment, processing and settlement of a grievance. The District and the Association desire that such procedures shall be as informal as may be appropriate for the grievance involved at the procedural level involved.

The parties to this Agreement agree to observe and follow the procedure prescribed in this Article and any determination or decision which is made in accordance with said procedure shall be binding upon the parties to the Agreement.

Section B - Definitions

1.         A “grievance” is defined as a claim or a dispute between the Administration and/or the District and a professional employee, group or class of employees or the Association which involves the interpretation, application of or compliance with the provisions of this Agreement or any amendment or supplement thereto.

2.         A “grievant” may be an individual employee, a group or class of employees, or the Association.

3.         “Days” shall mean employee work days except during summer recess, when “days” shall mean when the Central Administration Office is open.

4.          “Association” shall mean the Whitman-Hanson Education Association. Section C –Time Limits

1.         Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified, however, may be extended by mutual agreement. Any extension shall be agreed to in writing.

2.         A grievance which is not presented by an employee to the Principal within (20) days after the occurrence or the date of first knowledge of the occurrence of the grievance, whichever is later, shall be deemed to have been waived.

3.         A grievance which involves a group or class of employees or the Association or which results from the action of the Superintendent or the District may be initiated at Step Two within (20) days after the occurrence or the date of first knowledge of the occurrence of the grievance, whichever is later.

5.    Failure on the part of the District or its representatives to respond to a grievance within the time limits specified below shall mean that the grievance may be taken to the next level.

Section D – Procedure

1.         A grievant may be represented at all stages of the grievance procedure by the Whitman-Hanson Education Association. An employee may present a grievance to the employer and have such grievance heard without intervention by the Association, provided that the Association is afforded the opportunity to be present at such meetings and that any adjustment made shall not be inconsistent with the terms of the agreement then in effect between the employer and the Association.

2.         Levels of the Procedure

Level One:  The grievance shall be filed by the grievant, in writing, with the Principal, and thereafter there shall be a prompt meeting with the grievant on the grievance. The written grievance shall state the available facts concerning the alleged grievance, the provisions or provisions of the Agreement allegedly violated and the relief desired.

The Principal shall advise the grievant and the Association, in writing, of the decision concerning the grievance within ten (10) days after the grievance was first presented. In the event of the absence of the Principal, an Assistant Principal shall act on behalf of the Principal, provided, however, that said substitute shall have full authority to resolve the grievance at this level.

Level Two: In the event that a grievance is not settled at Level One, the grievant or the Association may, within ten (10) days after the date of the decision at Level One, submit the grievance, in writing, to the Superintendent of Schools.

Within ten (10) days after receipt of the written grievance, a meeting will be held between the grievant and the Superintendent. Within ten (10) days after the conclusion of this meeting, the Superintendent shall advise the grievant and the Association in writing of his/her decision concerning the grievance. In the event of the absence of the Superintendent, his/her designee shall act on his/her behalf and have the authority to resolve the grievance at this level.

Level Three: In the event that the Level 2 decision is not satisfactory, the grievant or the Association may, within ten (10) days after the date of said decision, forward the grievance to the District School Committee. In the event the Committee determines that the grievance is not within its jurisdiction, it shall within 10 days of receipt of the grievance so notify the Association and the Association may then proceed to arbitration in accordance with Level Four.

Within ten (10) days after the receipt of the grievance, no less than three 3) members of the District will meet with the grievant. The District shall, within ten (10) days after the conclusion of the meeting advise the grievant and the Association, in writing, of its decision concerning the grievance.

Level Four  If the grievance has not been resolved at Level Three to the satisfaction of the Association, the Association may submit the grievance to binding arbitration by sending written notice of submission to arbitration to the District within ten (10) days after receipt of the Level Three response.

Within ten (10) days after such written notice of submission to arbitration, the District and the Association will agree upon a mutually acceptable arbitrator. Said arbitrator will be bound by the Voluntary Rules of the American Arbitration Association. If the parties are unable to agree upon an arbitrator, the Association may submit the grievance to the American Arbitration Association for disposition in accordance with their rules.

The arbitrator’s decision will be final, conclusively binding and in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues. The arbitrator will be without power or authority to make any decision which adds to, subtracts from or modifies the terms of this Agreement.

The arbitrator may not award back pay or any other form of compensation beginning earlier than twenty (20) days prior to the filing of the written grievance at Level One. The arbitrator shall have the authority to award compensatory and other damages.

The arbitrator’s written award will be submitted to the parties within thirty (30) days after the final submissions.

The cost for the services of the arbitrator, including per diem expenses, if any, will be borne equally by the District and the Association.

Section E – General Provisions

1.         The District will, upon request, provide the Association with any available information which is neither confidential or privileged under law which may be necessary for the Association to process grievances.

2.         When it is necessary for a representative of the PR& R Committee or other representative designated by the Association to investigate a grievance or attend a grievance meeting during a school day, the Chairperson of the PR&R Committee will notify his/her supervisor and the Superintendent and the employee will be released with out loss of pay as necessary in order to permit participation in the foregoing activities, provided the release is not detrimental to the educational program. Any professional employee whose appearance in such investigations, meetings or hearings as a witness is necessary will be accorded the same right. The Association agrees that these rights will not be abused. However, Association business should generally occur outside the school day.

ARTICLE 4

SALARIES

Section A – Placement on the Salary Schedule

1.         For those “teachers, nurses et al” (as defined in the MOA – Teachers-District Expansion to PK-12) previously employed by the WSC and the HSC, the District will recognize as graduate credits on the salary schedule only those credits previously approved as graduate credits by the Superintendent of the Hanson or Whitman School Departments. Teachers, nurses et al will be credited for these credits if said prior approval is documented to the satisfaction of the Superintendent of the District.

2.         Placement on the salary schedule for newly hired teachers and teachers with previous teaching experience in the District who are returning to the District will be determined by the Superintendent after the teachers have been given credit for twenty-five percent (25%) of outside teaching experience. The Superintendent may consider teaching experience, outside work experience and military service in determining placement. His/her decision shall be final and not subject to the grievance procedure.

3.         Nurses with a degree shall be placed on the teachers’ salary schedule at the appropriate step and column consistent with years of service and advanced coursework and degrees. In addition, nurses with Bachelors in Nursing Degree, who were hired prior to June 30, 2005, will continue to receive a $500.00 annual stipend.

Section B – Lateral Advancement

Compensation for a change in salary classification may become effective on the first pay period in September and/or the fourteenth (14th) pay period. Notice of an imminent change in salary classification for the first (1st) pay period must be received by August 1. Notice of an imminent change in salary classification for the fourteenth (14th) pay period must be received by January 1. Grades substantiating eligibility for a salary classification change on the first (1st) pay period must be submitted by the last Friday in August. Grades substantiating eligibility for a salary classification change on the fourteenth (14th) pay period must be submitted by the last Friday in January. All grades must be for documented graduate level courses.

Section C – Increment Step Increases

Employees with professional teacher status (PTS) who are placed on Developmental Plans shall not advance an increment step following a second year of an unsuccessful completion of the plan. Said employees shall be allowed to advance across salary columns as indicated by earning graduate level credits and/or advanced degrees. In the future, there will be no exceptions to the guidelines established herein, Article 4, Salaries, Section C, of the Collective Bargaining Agreement.

Section D – Payment for Additional Work

A professional employee who is required to work in addition to the work periods as provided in Article 5 shall be paid, in addition to his/her annual salary as set forth in Appendix A-1, a daily compensation of 1/182 of his/her annual salary not including supplementary compensation for extra-curricular activities.

Section E – Failure to Report to Work

1.         If a professional employee has not reported for work at his/her scheduled time and has not telephoned the administration giving the reason for delay in reporting and the anticipated arrival time, the administration will telephone the professional employee to determine the reason for his/her failure to report the absence before committing an assignment to a substitute teacher.

2.         To qualify for a paid sick day, the professional employee will have to report his/her anticipated absence before his/her normal reporting time. In the event that a professional employee does not report for work within the first period of his/her scheduled time and the administration has employed a substitute teacher to replace him/her, the Superintendent may deduct 1/182rd of the professional employee’s annual salary for each day of unreported absence.

Section F – Part-Time Employment

If the reduction in employment of a professional employee to part-time status is required, every effort will be made by the Superintendent to identify and assign professional duties to the employee in order to restore the employee to full-time employment. Any professional employee reduced to part-time status shall be compensated on a pro-rata basis in accordance with his/her part-time status.

Section G – Additional Annual Salary

All employees who have received compensation during the school year on the M+45, MM, CAGS and Doctorate columns shall be paid an additional five hundred dollars ($500.00) with their last paycheck at the end of the school year. Said $500.00 is considered part of the employee’s annual salary and part of their per diem rate.

ARTICLE 5

WORK YEAR, WORKDAY AND WORK ASSIGNMENTS

Section A – Work Year

1.    The work year for professional employees, unless otherwise specified below, shall not exceed one hundred and eighty-two (182) days and shall not begin earlier than August 25^th and shall terminate not later than June 30^th. There will be one hundred and eighty (180) instructional days and the equivalent of one (1) professional days and one (1) day for classroom readiness at the beginning of the school year. First year professional employees may be required to attend additional orientation sessions at the discretion of the Superintendent. The Wednesday before Thanksgiving will be a non-work day.

2.         The Superintendent may, at his/her discretion, require any or all professional employees to attend up to four (4) days in addition to the 182 workdays for in-service training/professional development. Reasonable advance notice shall be given. Employees will be paid their per diem rate of pay for such additional days added to their work year.

3.         The High School guidance counselors shall work, if requested, during each contract year a maximum of ten (10) additional days as directed by the Superintendent. Whatever time is required by the Superintendent shall be distributed equally among all high school guidance personnel. Notice as to the number of days to be required will be provided. High school guidance counselors will normally work five (5) days after the close of school in June and five (5) days prior to the opening of school in September. Compensation for this service shall be paid at the rate of 1/182^nd of each counselor’s base salary multiplied by the number of days worked.

4.         There will be one (1) half (1/2) in-service day scheduled between each trimester for the purpose of performing work and responsibilities associated with report cards.

Section B – Work Day and After Work Day Requirements

1.         Except as otherwise provided in this Article, the workday for professional employees shall not exceed seven (7) consecutive hours. The Superintendent may assign a professional employee to a flexible starting time provided that the employee’s day is a continuous and non-rotational seven (7) hours. If an employee objects to such an assignment, the employee may request a meeting with the Superintendent to discuss alternatives.

2.         The work day for professional employees shall reflect a schedule contiguous with the start and end times of their respective schools.

Notwithstanding the above, it is understood that extenuating circumstances may require the Superintendent to adjust the above times.

3.         The High School guidance counselors’ work day during the teachers work year shall be the length of the teachers’ regular school day. In addition, each counselor will work two (2) days a week for an additional hour. These days will be staggered to insure that the Guidance Office is covered each day that school is open.

4.         In addition, professional employees at the High School and Middle School may be required to remain up to sixty (60) additional minutes per day not more than two (2) days per week for two (2) afternoon sessions for the purpose of student make-up or extra help to commence at student dismissal time. This requirement will not be imposed on elementary teachers in recognition of the fact that they have less preparation time available to them.

5.         In addition, to the above, professional employees may be required to attend two (2) afternoon meetings per month for a faculty meeting and a department meeting or a meeting for other school business. The afternoon meetings shall begin ten (10) minutes after student dismissal time. A general staff meeting shall begin no earlier than fifteen (15) minutes after student dismissal time from the school having the latest school dismissal time of the school or schools involved. However, if the general staff meeting includes high school staff, high school staff shall not be required to attend said meetings which begin more than thirty (30) minutes after student dismissal time, except in emergency situations. Each meeting may be one hour in length from time of starting.

One of the afternoon meetings may be extended, if necessary, as determined by the Principal, an additional fifteen (15) minutes up to a maximum length of one and one quarter (1 ¼) hours, provided that the second meeting for that month shall not exceed forty-five (45) minutes in length so that the combined amount of time scheduled for afternoon meetings shall not exceed two (2) hours.

The schedule of afternoon meetings shall be determined and distributed to professional employees at the beginning of the school year. The agenda and appropriate information needed for the meetings shall be distributed to the employees before the meeting.

6.         In addition to the above, professional employees will be required to attend and participate in up to three (3) evening meetings during the school year.

Section C – Preparation Time and Duty Free Lunch

1.         All professional employees in the Middle and High School will have a duty free lunch of not less time than the regular student lunch period. Professional employees on the Elementary level will have a duty free lunch of at least thirty-five (35) minutes.

2.         All teachers at the High School and Middle School, will in addition to their lunch period, have a duty free preparation period each day of at least the duration of a regular class period during which they will not be assigned to any other duties.

3.         Elementary teachers (K-5) will be provided with a minimum of 180 minutes in addition to the common planning time, during a full school week (pro-rated for weeks of less than five school days) for the purpose of classroom preparation or related work, consistent with lesson plan continuity. If the Superintendent determines that it is in the best interests of the District financially, the Superintendent will make reasonable efforts to increase this preparation time.

In addition, these teachers will be provided with a 15 minute preparation period at the beginning or end of the work day. If a recess is held, each elementary school teacher shall be off duty for a recess period every other day.

4.         Teachers assigned to work in more than one (1) school building shall have reasonable time for travel between buildings in addition to the above mentioned planning time and duty free lunch time.

5.         Guidance Counselors, Adjustment Counselors and School Psychologists at the High School shall neither be scheduled for a preparation period nor supervisory period outside of their primary assignment.

Section D – Schedules In The Middle School And High School

1.         Teachers at the Middle School and High School will not be assigned more than seven (7) periods per day consisting of one (1) preparation period and not more than five (5) teaching periods.

2.         Notwithstanding this Section D, the number of periods to which teachers are assigned may be varied provided there is compliance with the provisions of Article 5 pertaining to work day, preparation time and lunch periods.

3.         Teachers will not be required to teach more than two (2) subjects nor more than a total of three (3) teaching preparations (within said subjects) at any time. Teachers may, however, if requested, volunteer to accept one additional preparation. Volunteers will be solicited among the experienced staff first.

4.         Guidance Counselors, Adjustment Counselors and School Psychologists at the High School shall neither be scheduled for a preparation period nor supervisory period outside of their primary assignment.

5.         Refusal to comply with requests to volunteer for additional preparations under this Section D shall not prejudice in any way the evaluations or assignments of said teacher. In the event that a teacher believes that prejudice exists, he/she shall have the right to file a grievance in accordance with Article 3.

Section E – Exceptions

Exceptions to the provisions of Sections C and D may be made in cases of extenuating circumstances. The Association will be given prior notice and an opportunity to discuss the proposed exception(s). The determination is subject to the grievance procedure.

Section F – Non-Teaching Supervisory Duties

1.    Teachers may be required to perform the following supervisory duties: Cafeteria, corridor, bus, school grounds, homeroom, study hall, discipline hall and lavatory. The Administration shall make reasonable efforts to rotate non-professional assignments among the staff. The Administration’s determination of these assignments shall be grievable to the level of the Superintendent and shall not be arbitrable.

2.    Additional assignments shall be able to be completed during the work day.

ARTICLE 6

CLASS SIZE

The District and the Association recognize that class size can be an important factor in good education, and the District will, subject to space availability and all other educational considerations, ensure that class size is conducive to an effective learning atmosphere. Whenever possible, the numbers of students at each grade level and in each subject shall be kept as balanced as possible. Class sizes of SPED students will be kept within the recommended D.E.S.E. guidelines.

ARTICLE 7

INCLUSION OF STUDENTS

The parties recognize that inclusion of very disabled students, (i.e. students returning to the District after being serviced in a private residential, private day, or substantially separate placement), as distinguished from mainstreaming of special education students, is the goal and equal responsibility of all regular education staff and raises issues of concern for the teaching staff. Therefore, the administration will make a good faith effort to do the following:

1.         Involve the receiving teacher in the placement-making process

2.         Allow for the consultation time in the IEP when the regular education teacher serves as the TEAM liaison and writes the IEP for the student.

3.         Make available training opportunities appropriate in view of the needs of the student, upon request of the Special Needs TEAM.

4.         Work with the teacher to develop successful strategies, upon request of the Special Needs TEAM.

ARTICLE 8

TEACHER EMPLOYMENT

Section A - Damage to Personal Property

On a case by case basis, as determined by the District, employees will be reimbursed for damage to, or loss of, personal property which occurs in the course of and as a result of their employment. Reimbursement hereunder shall not exceed $100 and will be granted only where both the amount of damage and the actual record of such damage is verified by receipt, work order, or other verification acceptable to the District.

Section B – Notice of Resignation

Professional employees, who decide to terminate employment during the school year, will provide written notice to the Superintendent at least thirty (30) calendar days prior to the effective date of resignation. Professional employees who resign between the close of school in June and August 1 may give fifteen (15) days notice of resignation.

ARTICLE 9

TEACHER ASSIGNMENTS

Section A – Notice of Assignments

Professional employees, other than newly appointed employees, will be notified, in writing, of any changes in their schedules or changes in classroom for the coming school year no later than August 1^st. Changes in subject assignment and schedules may be made after that date with two (2) weeks’ notice or immediately in the event of an emergency as determined by the Superintendent.

Section B – Changes in Assignments/Transfers

1.         In making changes in grade assignment in the elementary schools and in subject assignment in the middle schools and high school and in transferring employees from one building to another, the convenience and wishes of the individual employee will be honored to the extent that these wishes do not conflict with the best interests of the District and the students. Professional employees may be assigned to teach outside their license to the extent allowed by law.

2.         A professional employee, who has informed the District of his/her intention to retire within a specified period of time (3 years or less), shall not be involuntarily transferred from one building to another except for just cause.

3.         Notification of involuntary transfers or changes in grade assignment in the elementary schools or subject assignment in the middle schools and high school will be made no later than June 1 of the school year preceding the change, except in case of emergency. A professional employee who is given notice of reassignment or transfer may request a meeting with the Principal or Superintendent at which time the employee will be given the reasons for the transfer or reassignment and have an opportunity to discuss the proposed transfer or reassignment.

4.         Professional employees who are involuntarily transferred shall receive an additional personal day to be used during the year following the transfer provided that the reason for the transfer is not related to or the result of disciplinary action.

Section C – Voluntary Transfers

Professional employees who desire a change in building, grade, or subject assignment will file a written statement of such desire with the Office of the Superintendent not later than April 1. Such statement will include the building, grade, and/or subject to which the employee desires to be assigned. As soon as practicable, and not later than one (1) week prior to the end of the school year, the Superintendent will notify each employee of the action taken in regard to his/her request for a change.

Section D – Inter-School Travel

Professional employees assigned to more than one school in a school day will be notified of changes in their schedules as soon as practicable. Employees will be reimbursed for inter-school driving at the I.R.S. rate of reimbursement.

ARTICLE 10

VACANCIES

Section A – Posting of Vacancies

1.         Notices of all professional vacancies, if to be filled, shall be posted by the Superintendent by e-mail to all staff and on the Whitman-Hanson R.S.D. website as far in advance of the probable date of appointment as possible. A job description noting: Title, Reporting Relationship, Job Goals, Performance Responsibilities, Qualifications and Terms of Employment shall be included in the notices.

2.         During July and August, all positions including classroom positions shall be posted on the Whitman-Hanson R.S.D. web site and the Association President will be notified of each posting by e-mail.

Section B – Appointments

Professional employees will be given the opportunity to make application for the open positions. In appointing an applicant to fill a vacancy, the Superintendent will give consideration to professional competence and attainment, the length of employment in the Whitman-Hanson Regional School District and such other factors as the Superintendent considers relevant. An appointment by the Superintendent to fill a vacancy in a professional position shall not be subject to grievance or arbitration as provided in Article 3.

ARTICLE 11

POSITIONS – SUMMER SCHOOL/FEDERAL PROGRAMS

Section A – Posting of Vacancies

All Summer School and Federally-funded Program positions shall be posted in every school. The Superintendent will endeavor to publicize summer school openings not later than June 10^th and employees selected will be notified as soon as possible. Nothing in this Agreement shall in any way limit the right of the Committee or the Superintendent to eliminate, discontinue or terminate a summer school subject or program at any time or to use unpaid volunteer in addition to professional staff.

Section B – Appointments

Positions in any summer school or under federal programs will, to the extent possible, be filled first by regularly appointed, qualified professional employees in the District.

In filling such positions, consideration will be given to a professional employee’s area of competence, major and/or minor field of study, quality of teaching performance, attendance record and length of service in the District.

Summer school pay will be included as part of annual salary.

Section C – Curriculum Development

At the discretion of the Superintendent or the Superintendent’s designee, teachers may work additional hours under the direction of designated administrators or Curriculum Coordinators in order to produce curriculum and/or instructional materials. For this purpose, the hourly rate shall be thirty-two ($32.00) dollars.

Volunteers shall be given preference in receiving these curriculum/materials development assignments. If possible, assignments may be made before April 15^th of the calendar year in which the program was approved.

ARTICLE 12

COMPLAINTS/PERSONNEL FILES/JUST CAUSE

Section A – Complaints

1.         In the event that a deficiency or commendation in the performance of a professional employee is observed by the administrative staff outside of the formal evaluation process, such deficiency or commendation will be called to the attention of the employee within five (5) work days. The administrator shall fulfill this requirement by personal contact with the employee involved who may, at his/her discretion, after consideration of the stated purpose for said meeting, request the presence of an Association representative.

2.         Any criticism of an employee by a supervisor, administrator, or any other agent of the employer shall be made in private and never in the presence of pupils, parents, other employees or at a public gathering. Critiques made shall be confidential except to the extent required by M.G. L. c. 150E.

3.         Whenever any employee is required to meet with any employer representative concerning any matter which could adversely affect the employee’s status, the employee shall be given notice of the nature of the meeting and shall be entitled to have an Association representative present. The notice shall be sufficiently specific to allow the employee to respond to the matters for which the meeting is being called. The meeting shall be scheduled at a time mutually convenient for the employer, the employee and the Association representative. The above requirements do not include meetings related to the evaluation process which are held to convey work instructions, training, classroom observations or needed corrections or where the employer simply wishes to inform the employee about a disciplinary action that has already been made and no information is sought by the employer.

4.         Any complaint against a professional employee to an administrator will be called to the attention of the employee within two (2) work days of the receipt of the complaint.

5.         In the case of any complaint received by the administration which gives rise to an investigation, the employee will be promptly notified of the complaint, the source of the complaint and the disposition of the complaint. The employee will be provided with a copy of any complaint made in writing as well as any and all written documents pertaining to the complaint, the investigation of the complaint and the disposition of the complaint.

6.         No material derogatory to an employee’s conduct, service, character or personality will be placed in the employee’s file unless the employee has had an opportunity to review the material. The employee will acknowledge that he/she has had the opportunity to review such material by signing the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. The employee will also have the right to submit a rebuttal to such material and said rebuttal shall be attached to the file copy.

Section B – Personnel Files

A professional employee shall have the right, upon request, and at a time mutually convenient to the employee and the Superintendent, to review the contents of his/her personnel file, folders and records and to make copies of the contents of said files and to have a representative of the Association present for said review. The employee shall acknowledge that he/she has had the opportunity to review the contents of his/her personnel file by affixing his/her signature on a memorandum to that effect.

Section C – Disciplinary Action

1.         A professional employee with professional teacher status (PTS), against whom disciplinary measures are taken because of the contents of his/her evaluation reports, shall have the right to file a grievance pursuant to Article 3 of the Agreement.

2.         No professional employee will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause. If a professional employee is to be disciplined or reprimanded, he/she may request that a representative of the Association be present. Such disciplining or reprimanding shall be conducted in private.

3.         The non-renewal of an employee who has not attained professional teacher status under the law shall not be subject to the grievance and arbitration procedures of Article 3.

ARTICLE 13

FACILITIES

Section A –Storage Space/Workrooms/Faculty Lounge

It is agreed that the District will provide the following facilities:

1.         Space in each classroom for safe storage of personal belongings, instructional materials and supplies;

2.         Heated employee workrooms containing adequate equipment and supplies to aid in the preparation of instructional materials;

3.         An appropriately furnished room to be reserved for the exclusive use of the school staff for faculty dining. To the extent possible, said room will be in addition to the aforementioned employee workroom.

Section B – Communication Systems/Restrooms

To the extent feasible in existing buildings and in designing new buildings, the District will provide the following facilities:

1.         A communication system so that employees can communicate with the main office from their classroom in the event of an emergency;

2.         Well-lighted and clean restrooms;

ARTICLE 14

USE OF FACILITIES

Section A – Building Use

The Association will have the right to use school buildings without cost at reasonable times for meetings, provided, however, that the Association will be required to pay for any additional service costs, excluding utilities, involved by reason of said meetings. The Superintendent will be notified in advance of the time and place of all such meetings.

Section B – Bulletin Boards

There will be one (1) bulletin board in a common work area in each building for the purpose of displaying notices, circulars, and other Association material. The Association agrees that it will not post any material which is derogatory to the administration, the District or any member thereof.

Section C – Membership Rights

No professional employee will be prevented from wearing pins or other identification of membership in the Association or any other teacher organization.

ARTICLE 15

SICK LEAVE AND SEVERANCE BENEFITS

Section A – Sick Leave

1.         Professional employees will be granted fifteen (15) sick leave days at the beginning of each year. Sick leave days are accruable to three hundred fifteen (315) days. Sick leave days may be used for employee illness injury or in the event of serious illness of a member of the employee’s immediate family. Up to fifteen (15) days per year may be used in the event of serious family illness. For the purposes of this section, immediate family shall be defined as parent, spouse, domestic partner, child, brother or sister. The Superintendent may require documentation of the family relationship and the nature of the illness. Upon return to employment, employees who are absent in excess of five (5) consecutive days during a school year may be asked to provide the principal with a physician’s written statement accounting for the absences.

2.         Notwithstanding Section A,1 above, during the first school year of employment, a Professional employee shall earn sick leave at the rate of one (1) day of sick pay for each month of employment subject to a maximum of ten (10) days of sick pay during the first school year. The sick leave may be taken in advance, provided, however, that should a professional employee use sick leave days beyond those to which he/she has become entitled and leave the employ of the system, the appropriate deduction shall be made from his/her final paycheck for that school year.

Section B – Compensation for Attendance

1.         A professional employee who does not use any sick leave during a full school year shall be entitled to two (2) days of compensation which shall accrue and be paid as described below. Employees on unpaid leave for disciplinary reasons are not eligible for this benefit in the year of disciplinary leave.

2.         At the time of retirement or resignation, a professional employee shall be entitled to two (2) days of compensation at his/her current rate of pay for each full school year of compliance with this Section B provided, however, that in the event of extended illness during his/her employment, all or a portion of the accrued days of leave may, at the employee’s option, be used for the extended illness. The employee shall notify the Superintendent of this decision. In that event, the number of days of compensation to which the employee is entitled shall be reduced by the number of days that have been used.

Section C – Severance Benefit

1.    Upon retirement, death or voluntary resignation of a professional employee, who has completed ten (10) years of service in the District, said employee or the employee’s estate will receive one-half (1/2) a day’s pay at the rate of compensation that the employee was receiving at the time of retirement, death or voluntary resignation for all unused accumulated sick leave up to sixty (60) days in excess of eighty (80) days. Employees who are terminated for cause are excluded from this benefit.

2.    In the event of a breach of Article 25, any employee who participates in the breach shall not be entitled to the benefits of this Article for the duration of the breach.

Section D – Retirement Benefit

1.         A professional employee who gives notice to the District of intent to retire not less than one (1) year before the beginning of a school year (July 1^st) and who reached age fifty-five (55) and who has taught twenty (20) years in the District shall be eligible to receive a one-time separation benefit payable at the time of retirement.

2.         This benefit shall be computed on the basis of the difference between the employee’s applicable base salary at the time of retirement and the applicable base salary at Step Five of the appropriate column (degree level) as provided in the Salary Schedule. If the professional employee so chooses, this benefit may be calculated on the basis of one hundred dollars ($100.00) times the number of years of continuous professional employment.

3.         However, those professional employees, nurses et al previously employed by the Hanson School Committee under the HEA-HSC contract, and who meet all the requirements, may choose the Early Retirement Incentive under Appendix E and Sick Leave Buy-Back at Retirement under Appendix F instead of retiring under the early retirement provisions of this Article.

Section E – Sick Leave Bank

A mandatory sick leave bank will be maintained for use by District employees who have completed one full year of employment. In order to join the Bank initially, an employee shall deposit one (1) day of the sick leave to which they are entitled into the Sick Leave Bank. Employees who have a protracted illness, and who have exhausted the sick leave to which they are entitled, may apply to draw on the Bank. The operation of the Bank shall be carried out in accordance with the following guidelines:

1.         Administration of the Bank

a.         The Bank shall be administered by a Sick Leave Bank Committee consisting of three (3) members designated by the Association, one of which shall be a member who is not a part of Unit A, and two (2) members designated by the District.

b.         The decisions of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be by a majority vote of the members and shall be final and binding and not subject to the grievance and arbitration provisions of this Agreement. Any appeal will be limited to an appeal to the Sick Leave Bank Committee itself.

2.         Application for Benefits and Criteria for Granting Days

a.         Application to the Sick Leave Bank Committee for benefits must be in writing and must be accompanied by adequate medical evidence of serious illness.

b.         Prior utilization of all eligible sick leave will also be part of the criteria in determining eligibility and the amount of leave.

3.         Granting of Days

a.         The number of days requested from the Bank must be specified at the time of the request. It may not exceed thirty (30) days. Days granted, but not used, will be returned to the Bank at the end of the school year.

b.         Any request for an extension of days from the Bank will be reviewed by the Sick Leave Bank Committee and decided by a majority vote of the Committee.

c.         No days may be withdrawn from the Bank for any reason other than illness.

4.         Funding of the Bank

If the number of days in the Sick Leave Bank drops to below 500 days, each employee shall contribute one (1) additional day of sick leave into the Bank. A maximum of two (2) days per employee per year may be contributed.

Section F – Workers Compensation

1.         Whenever a professional employee is absent from school as a result of personal injury caused by an accident or an assault occurring in the course of his/her employment, the employee may elect to charge all or part of such absence during the period of temporary disability to sick leave, in which event the employee shall receive the sick leave pay to which he/she is entitled for the period so charged, less the amount of any Workers’ Compensation award made for temporary disability due to such injury for any period for which sick leave is paid. If the employee elects to combine Workers’ Compensation payments with sick leave, the employee will lose that percentage of what the Committee pays in sick days. For example, if Workers’ Compensation pays 60% of a day’s pay and the District pays the remaining 40%, the employee will lose 40% of a sick day.

2.         In the absence of such election, such employee shall not receive sick leave payments during the period of his/her disability and his/her sick leave credit shall not be reduced by reason of any Workers’ Compensation payment received for temporary disability due to injury.

ARTICLE 16

TEMPORARY LEAVE OF ABSENCE

Section A – Personal Leave

1.         Professional employees will be granted two (2) days of leave per year to attend to personal business which cannot be scheduled during non-school time. A professional employee shall not be required to state the reason for the personal leave, but it must be for the purpose stated above. No personal leave shall be taken on any school day next preceding or following a vacation or holiday, or in the first or last five (5) days of the school year, except as approved by the Superintendent in extenuating circumstances. Notice of the leave shall be submitted at least two (2) school days before the requested leave day, except as approved by the Superintendent in an emergency.

2.         Two (2) unused personal leave days may be carried over from year to year to a maximum of four (4) days in any one year.

3.         The District will recognize bonus personal days for those teachers, nurses et al, previously employed by the HSC who earned bonus personal days prior to September 11, 1983. The days which will be recognized are attached hereto and incorporated herein on the HANSON BONUS PERSONAL DAYS chart. Said bonus personal days may accumulate from year to year. Any unused bonus personal days will be paid at the then current rate when a teacher leaves the system.

Section B – School Visitations

Professional employees will be allowed at least one (1) day for the purpose of visiting other schools or attending meetings or conferences of an educational nature at the discretion of the Superintendent.

Section C – Association Leave

1.         Professional employees who are voting delegates to the MTA Annual Meeting will be granted leave to attend the meeting, provided that the total number of days granted to the Associations for this purpose shall not exceed eighteen (18). The President of the Association will provide advance notice of the designated delegates who will be attending the meeting.

2.         Professional days may be granted by the Superintendent to Association representatives to attend other MTA and/or NEA conferences, meetings and conventions.

Section D – Leave for School Related Legal Business

Professional employees will be given the time necessary for appearances in any legal proceeding connected with the employee’s employment or with the District, if the employee is required by law to attend.

Section E – Bereavement Leave

1.         In the event that a professional employee’s spouse, domestic partner, child, parent, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law and sister-in-law, or sibling dies, the employees will be allowed up to five (5) days for the purpose of burial arrangements and related services occurring while school is in session.

2.         In the event that a professional employee’s grandparents, grandchild, aunt, uncle, niece or nephew dies, the employee will be allowed up to three (3) days for the purpose of burial arrangements and related services occurring while school is in session.

3.         The Superintendent may, at his/her discretion, grant bereavement leave in the event of the death of a person other than the relatives described above.

Section F – Military Duty

Any employee who is a member of a reserve component of the Uniformed Service of the United States or of the State National Guard will be granted leave in accordance with applicable federal and state law. The employee will be paid the difference between their regular pay and the pay which they receive from the State or Federal Government according to M.G.L. c.33, Sections 59A and 60.

Section G – Jury Duty

A professional employee required to serve on jury duty shall be paid the difference between regular compensation from the District and compensation received for jury duty upon presentation of documentation of compensation paid by the Court. Travel allowance is not included in the compensation paid by the Court.

Section H – Religious Leave

Professional employees will be granted up to three (3) days with pay to observe major religious holy days which obligate the employee to attend religious services during school hours.

Section I – General

1.         Leaves taken pursuant to this Article are in addition to any sick leave to which the employee is entitled under Article 15.

2.         The building principal will provide substitute coverage only as needed and as prudent given the supervisory duties. No employee will be required to arrange for his/her own substitute. If the building principal can demonstrate that a reasonable effort was made to obtain a substitute for a given employee absence, it is understood that failure to obtain a substitute shall not be grievable.

ARTICLE 17

EXTENDED LEAVES OF ABSENCE

Section A – Leaves for Overseas or Exchange Teaching

A leave of absence without pay for up to two (2) years will be granted to any teacher with professional teacher status who serves as an exchange Teacher or an overseas Teacher, and is a full-time participant in such programs. Upon return from such leave, a Teacher will be placed on the salary schedule at the level he would have achieved if he/she had not been absent. A leave may not be taken under this Article more than once every ten (10) years.

Section B – Military Leave

Military Leave will be granted to any Teacher upon the terms and conditions required by Law, including M.G.L. c.33, §59, 59A, and 60.

Section C – Maternity Leave and Childrearing Leave

1.         A professional employee is entitled to either a short or long term leave for the purposes of maternity or childrearing. A short term leave may extend for eight (8) or twelve (12) weeks or for the length of the disability. A long term leave may extend through the end of the current school year, the mid point of the next school year, or the end of the next school year, or as otherwise mutually agreed.

2.         Such leave shall be unpaid, except that a professional employee may during his/her disability period apply accumulated sick leave to the disability resulting from pregnancy, childbirth and recovery from childbirth. Sick leave shall be allowed only for days that professional employees would normally be working during the regular work year. The employee who desires to return to work at the end of their disability period may do so.

3.         Except in an emergency, notice of anticipated maternity or child rearing leave shall be provided by the professional employee as soon as practicable, but no less than thirty (30) days prior to the anticipated commencement of the leave.

4.         A professional employee not otherwise covered by the above subsections of this section shall be entitled to a parental or adoptive leave, including the placement of a foster child, under the same terms and conditions sets forth above, except that the professional employee shall not be eligible for sick leave, and provided that such leave shall commence immediately following the birth or the arrival in the home of the child to be adopted or placed, unless the employee is required to take time prior to the adoption or placement. Adoption/foster care leave shall mean leave to adopt or care for a child who is under eighteen (18) year of age, or a child who is mentally or physically handicapped or who is from a country other than the United States. Parental leave shall mean granted following the birth of the employee’s child for the purpose of rearing a newly born infant.

5.    In the event that the reason for leave under this section is no longer operative, then such professional employee may return to work.

Section D – Family Medical Leave Act

1.         A full time employee who has completed one (1) year of service is eligible for up to twelve (12) weeks of unpaid leave each contract year when:

a.         the employee has a serious health condition documented by his/her physician which renders the employee unable to perform the functions of his/her job, or

b.         the employee is needed to care for a spouse, child or parent who has a serious health condition.

2.         An eligible employee shall, except in the case of an emergency, apply in writing for FMLA leave and provide documentation from a health care provider.

3.         The employee may use available sick leave as provided in Article 15 and such leave shall be used concurrently with the FMLA leave.

4.         Group health insurance benefits will be maintained during the FMLA leave with the employer’s contribution rate being the same amount as before the leave began. If the FMLA is unpaid, the employee is responsible for submitting his/her portion of the premium to the employer on a monthly basis.

5.         Any leave available to an employee under this Agreement shall run concurrently with, not in addition to, FMLA leave.

6.         Prior to an employee’s return from FMLA leave, the Superintendent may require evidence of fitness for duty from the employee’s health care provider.

7.         The Collective Bargaining Agreement will prevail except in those instances where the FMLA provides greater benefits.

Section E – Unpaid Family Medical Leave

A leave of absence without pay of up to one (1) year will be granted for the purpose of caring for a sick member of the professional employee’s immediate family. The employee must deliver evidence satisfactory to the Superintendent that the leave is necessary. Immediate family shall be defined as parent, spouse, domestic partner, child, step-child, brother or sister. Additional leave may be granted at the discretion of the Superintendent.

Section F – Unpaid Medical Leave for the Professional Employee

After five (5) years of continuous employment in the District, a professional employee may be granted a leave of absence without pay for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence.

Section G – Other Leaves

Other leaves of absence not to exceed one (1) year may be approved by the Superintendent.

Section H – Administration of Leaves

1.         An employee returning from leave will be placed on the next step of the Salary Schedule only if he/she was actively employed by the District for more than ninety-one (91) days in the year during which the leave commenced.

2.         All benefits to which an employee was entitled at the time his/her leave of absence commenced will be restored to the employee upon return to work. Except for the paid portion of maternity leave, additional days will not accrue to employees while on leave.

3.         Upon return from a leave of absence, an employee will be assigned to the same position he/she held at the time his/her leave commenced, if available, or, if not, to the most nearly equivalent position which is available at the time of his/her return to work for which the employee is qualified.

4.         All leave shall be requested and granted in writing. A professional employee shall notify the Superintendent of the intention to return from a school year leave not later than April 1, and thirty (30) days in advance for all other leaves. Failure of an employee to provide notice to return from a leave of absence or obtain an extension of such leave of absence shall result in the termination of the employee’s employment.

ARTICLE 18

SABBATICAL LEAVE

Upon approval of the Superintendent, sabbatical leaves may be granted for study or travel to members of the professional staff, subject to the following conditions:

1.         No more than two (2) members of the professional staff will be absent on sabbatical leave at any one time.

2.         Requests for sabbatical leave must be received by the Superintendent, in writing, in such form as may be required by the Superintendent, not later than December 31, and action must be taken on all such requests no later than April 1 of the school year preceding the school year for which the sabbatical is requested.

3.         The professional employee has completed at least seven (7) consecutive full school years of service in the District.

4.         Professional employees on sabbatical leave shall receive from the District fifty (50%) percent of the salaries which they would have received if they had remained on active duty.

5.         Prior to the granting of sabbatical leave, a professional employee shall enter into written agreement with the Superintendent that, upon the termination of such leave, he/she will return to service in the District for a period equal to twice the length of the leave. In default of completing such service, he/she shall refund to the District an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered, unless said default is due to illness, disability, discharge, death or other circumstances beyond the control of the individual.

6.         Upon return from sabbatical leave, a professional employee’s salary shall be the same as he/she would have received had the period of his/her leave been spent in the District, and he/she shall be returned to the same position which he/she held at the time said leave commenced, if it exists, or, if not, to a substantially equivalent position.

7.         When the sabbatical leave has been completed, the sabbatical scholar shall submit a report of his/her research or study to the District in such form as is determined by the Superintendent or his/her designee.

ARTICLE 19

EMPLOYMENT RELATED ASSAULT

Section A – Reporting Assaults

1.         Professional employees shall immediately deliver to the Office of the Superintendent a written report of all instances of assault upon them during the course of their employment. The report shall be forwarded to the District and the District will comply with any reasonable request by the employee for information in its possession relating to the incident or the persons involved in the assault which, in the opinion of the District, is not confidential or legally restricted.

2.         In the manner and to the extent it considers appropriate and reasonable, the Superintendent will act as a liaison between the employee, the police and the courts in cases of assault.

Section B – Legal Action

The District will act in accordance with M.G.L. c. 258 when a tort action is brought against a professional employee as a result of any action by that employee acting within the scope of his/her employment.

Section C – Reimbursement

1.    The District shall reimburse professional employees, who are exonerated of any fault, reasonable costs incurred as a direct result of the physical assault (battery), including repairing and replacing personal property that may have been damaged or lost and directly related medical costs not covered by insurance benefits, whether personally maintained or provided for in the Agreement.

2.    In the event that criminal or civil charges are brought against a professional employee in connection with a physical assault (battery), the employer shall reimburse the professional employee for reasonable legal fees incurred in securing his/her own defense provided that all other means of reimbursement are exhausted and that the employee is found clearly without fault.

ARTICLE 20

LONGEVITY PLAN

Section A – Eligibility

Professional employees shall be eligible to irrevocably elect once during their employment the benefits of the Longevity Plan described herein provided that the employee has at least twenty (20) years of service in the District and has attained 180 days of sick leave accumulation at the time of the election. Up to fifteen (15) employees shall be permitted to elect the option in any given year. In the event that more than fifteen (15) employees wish to exercise said option in the same year, the final selection of said employees shall be by seniority as set forth in Article XXIX, Section E. The District may, in its sole discretion, agree to permit more than fifteen (15) employees to elect said option in any given year by seniority.

Section B – Notice Requirements

Eligible employees desiring to elect said option must do so by advising the Superintendent, in writing, of their irrevocable decision to do so by January 1 of the school year preceding the school year in which the payments will begin.

Section C – Conditions

Employees who elect to receive the benefits of this Article must, as a condition of receiving the same, irrevocably agree to waive any and all rights they may have to any accumulated unused sick leave payments otherwise payable to them pursuant to Article XV, section 153, at the time of their election and any time in the future thereafter. Any employees who elect the foregoing Longevity Buy-back Plan option prior to progressing onto the maximum longevity step of the appropriate salary schedule, e.g. the salary step normally attainable after having completed thirty (30) years of service in the District, must also agree as a further condition of receiving the benefits hereunder to forever relinquish any future increases in salary Step 30 which would otherwise be payable to them as a result of their progression onto said maximum longevity step. For example, an employee who makes the election herein prior to reaching Step 20 of the Bachelors salary column would irrevocably waive any rights to salary payments that would otherwise be payable following attainment of 30 years of service. Employees at the maximum of their applicable salary column at the time of their election of the benefits hereunder shall suffer no reduction in salary payments due forfeiture of a so-called longevity step.

Section D – Payments

Employees who fulfill the forgoing conditions shall receive a longevity payment of $3,000 in each of the three (3) consecutive school years of service following the initial election in addition to any across-the-board salary increases otherwise payable. Said longevity payments shall under no circumstances be increased by any across-the-board increases but shall be added to employees’ salaries following the implementation of any such increases. Following receipt of any longevity payments, employees who elected to receive the payments shall have their salaries revert to the appropriate annual step level subject to their irrevocable forfeiture of any future payments of accumulated sick leave and their inability to advance to any subsequent maximum longevity step regardless of horizontal salary column movement.

Section E – General

Employees who have irrevocably elected to receive the benefits of this Article shall not suffer any monetary loss in the event that any subsequent payment required to be made is not made or credited as salary for any reason including but not limited to the death(s) of any such employees for each of the three (3) years concerned. In such event, any and all affected employees or their estates shall be treated as if no such irrevocable election had been made and shall be entitled to receive any monies which otherwise would have been payable to them or their estates had no such election been made, less any monies previously received hereunder.

ARTICLE 21

INSURANCE – LIFE/MEDICAL/DENTAL

Section A – Life Insurance

Each professional employee shall be insured for the cost of a $35,000 group life insurance plan of the type presently provided and the District will pay fifty percent (50%) of the cost of the premium.

Section B – Health Insurance – Active Employees

The District will provide a maximum contribution for the total annual premium of Blue Cross/Blue Shield Blue Care Elect (PPO) and any other HMO Individual or Family Plan offered by the District as follows:

Sixty (60%) percent to a maximum annual contribution of ten thousand ($10,000.00) dollars for an individual plan and twenty thousand ($20,000.00) dollars for a family plan.

Note: In the event that the School Committee is paying a greater percentage for any of the current plans than is mentioned above, the School Committee will continue to pay the greater percentage.”

Section C – Dental Insurance – Active Employees

The District will continue to provide Blue Cross/Blue Shield Delta Dental, Plan C and the District will pay seventy-five percent (75%) of the cost of the premiums and the employees will pay twenty-five percent (25%). Additional riders for dental insurance may be selected by teachers, provided that the entire cost of any such rider must be paid for by the teacher.

Section D – Flexible Benefit Plans

1.         Pursuant to Section 125 of the Internal Revenue Code, the employee portion of the cost of the health and life insurance premiums shall be a pre-tax expense. There shall be no cost to the employer.

2.         Pursuant to Section 125 of the Internal Revenue Code, the District agrees to allow its employees to be eligible to participate in Flexible Benefit Plans for Un-reimbursed Medical Expenses and/or Dependent Care Expenses. There shall be no cost to the employer.

ARTICLE 22

TEXTBOOKS

Section A – Adequate Instructional Materials

The District will seek to provide sufficient textbooks, supplies and materials relevant to the curriculum to insure that each student in a classroom has textbooks, supplies and materials for his/her own use.

Section B – Process For Textbook Selection

1.         Before the Superintendent approves a textbook, the Administration will notify the Department concerned that a change is being considered. The Department will have the right to discuss such change or selection with the Administration, provided that the Department files a request for discussion within five (5) school days after receipt of said notice.

2.         Similarly, the Department may, if it desires to initiate discussion over a change in a textbook or the selection of a new textbook, file written notice with the Administration of its desire. The Administration will acknowledge receipt of said request, in writing, within five (5) school days thereafter, and the Administration and the Department will arrange for a mutually satisfactory time and place to meet and discuss the matter.

3.         It is expressly understood that in granting the Department the right to discuss changes in and sections of textbooks, the Superintendent in no way waives his/her right to approve the final decision in regard to these matters, and a failure to agree with the Department is not subject to the grievance procedure or arbitration.

ARTICLE 23

ACADEMIC FREEDOM

The private and personal life of a professional employee is not within the appropriate concern or attention of the District except as it may interfere with the employee’s responsibilities to and relationships with students and/or the District. Employees will be entitled to full rights of citizenship and no religious or political activities of any employee, provided such activities do not take place during working hours, or lack thereof will be grounds for any discipline or discrimination with respect to the professional employment of such employee.

ARTICLE 24

REIMBURSEMENT FOR PROFESSIONAL IMPROVEMENT

Section A – Reimbursement for In-service Training, Workshops and Conferences

The District will reimburse the reasonable actual expenses consisting of tuition, fees, meals, lodging and/or transportation incurred by Professional Employees who attend in-service training courses, workshops, seminars or conferences for the purpose of professional improvement at the request of or with the advance approval of the Superintendent, subject to appropriation and submittal of required receipts.

Section B – Reimbursement for Professional Improvement

With the pre-approval of the Superintendent and upon submission of a passing grade, the District will pay up to six hundred ($600.00) dollars for the cost of tuition, books and fees for each professional employee during the course of each school year. Effective July 1, 2013 the District will pay up to seven hundred ($700.00) dollars for the cost of tuition, books and fees for each professional employee during the course of each school year.

ARTICLE 25

STRIKES

Section A – Conduct of Association

During the term of this Agreement, the Association shall not cause or sponsor, and no professional employee shall cause or participate in a strike or work stoppage. 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 be subject to the grievance and arbitration provisions of the Agreement.

Section B – Law on Strikes

It shall be unlawful for any employee to engage in, induce or encourage any strike, work stoppage, slowdown, or withholding of services and the Association agrees to abide by and be subject to the provisions of M.G.L. Chapter 150E, Section 9A, as amended.

ARTICLE 26

GENERAL

Section A – No Reprisals

There will be no reprisals of any kind taken against any professional employee by reason of his/her membership in the Association or participation in its activities.

Section B – Procedure for Calling in an Absence from Work

Professional employees will be informed of a telephone number which they may call before 7:00 a.m. or not later than one hour before the beginning of their work assignment to report their unavailability for work.

ARTICLE 27

SCOPE OF AGREEMENT

Section A – Scope

1.         On the matters contained herein, this Agreement constitutes District and Association policy for the term of said Agreement, and the District and the Association will carry out the commitments contained herein and give them full force and effect as their policies. The District will amend its Administrative Regulations and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement.

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

3.         This Agreement includes all the agreements reached by the Parties hereto pertaining to the wages, hours and other conditions of employment of employees which either the District or the Association proposed as a subject of negotiations.

4.         This Agreement incorporates the entire understanding of the Parties on all issues which were or could have been the subject of negotiations. During the term of this Agreement neither Party shall be required to negotiate with respect to any such matter, whether or not covered by this Agreement whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

Section B – Modification of Agreement

This Agreement may not be modified in whole or in part by the Parties except by an instrument in writing duly executed by both parties

ARTICLE 28

NEGOTIATIONS PROCEDURE

Section A – Reopening Negotiations

Not later than October 15 of the calendar year preceding the calendar year in which this Agreement expires, the District agrees to enter into negotiations with the Association over a successor Agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning employees’ wages, hours and other conditions of employment. Any Agreement so negotiated will apply to all employees covered by this Agreement, and will be reduced to writing and signed by the District and the Association.

Section B – Conduct of Negotiations

During negotiations, the District and the Association will present relevant data, exchange points of view, and make proposals and counterproposals. Either Party may, if it so desires, utilize the services outside consultants.

Section C – Scheduling of Negotiations During School Day

If negotiation meetings are scheduled during a school day, the representatives of the Association will be relieved from all regular duties without loss of pay, as necessary, in order to permit their participation in such meetings.

ARTICLE 29

REDUCTION IN FORCE

The District retains the right to reduce the number of professional employees in its employ. In the event that the District determines to reduce the number of employees, the procedures set forth below shall apply.

Section A – Employees with Professional Teacher Status vs. Employees without Professional Teacher Status

No professional employees with Professional Teacher Status (PTS) shall be laid off if there is an employee without PTS for whose position the employee with PTS is currently certified.

Section B – Layoff Procedure

In the event that layoffs are necessary, employees with PTS currently working within the affected discipline(s) shall be laid off in the inverse order of seniority.

Notwithstanding the above, the Superintendent may retain a junior employee where, in the judgment of the Superintendent, such employee is shown to be demonstrably superior in performance and/or qualifications. Demonstrably superior performance may be identified by supervisory comments written in the Summary Evaluation Report which is completed on each employee.

Section C – Bumping Procedure

Professional employees, who have been reached for layoff with the affected discipline in accordance with Section C above, shall have the right to take the position of a teacher in another discipline having less seniority provided the teacher is certified in the other discipline.

Notwithstanding the above, the Superintendent may retain a junior employee where, in the judgment of the Superintendent, such employee is shown to be demonstrably superior in performance and/or qualifications. Demonstrably superior performance may be identified by supervisory comments written in the Summary Evaluation Report which is completed on each employee.

Section D – Definition Of Seniority

1.         Seniority shall be defined as the length of continuous full-time and/or regular part-time service in years, months and days in a bargaining unit position under this contract. Regular part-time service will be pro-rated. Seniority shall be computed from the date of initial employment in a Unit A bargaining unit position.

2.         Notwithstanding Section 1. above, in the event a teacher was employed as a teacher for the WSC, the HSC or the WHRSD prior to being employed by the PK-12 WHRSD, the teacher’s seniority shall include all the teacher’s accrued bargaining unit time from those Districts.

3.         Notwithstanding Section 1. above, if a teacher is hired prior to meeting the license requirements for the position, the teacher will not begin to accrue seniority until the teacher meets the license requirements. Once license has been obtained, the teacher will be granted seniority retroactive to his/her initial date of employment in the Unit A bargaining unit.

4.         a.    Notwithstanding Section 1. above, Unit B administrators who does not teach or have a case load, who have accrued seniority in the teachers bargaining unit, will retain that seniority for up to three years after leaving the teachers unit and will be placed on the seniority list in the subject area in which the administrator taught while in the teachers bargaining unit.

b.    Unit B members, who do teach or have a case load, who have accrued seniority in the teachers bargaining unit, will retain that seniority and will continue to accrue seniority as if teaching full time in the teachers bargaining unit and will be placed on the seniority listing the appropriate subject area.

5.         When the total number of years, months and days are equal, seniority shall be determined by the greater attainment. Attainment means the level of academic preparation as outlined by the salary columns in Appendix A. In the event that the employees are on the same column, then a lottery will be conducted to determine seniority.

6.         Unpaid leaves of absence shall not be deemed to interrupt continuous service but will not be counted towards seniority. Thus, seniority in these instances means the total number of years, months and days of active service preceding the leave of absence added to the total number of years, months and days of active service after the leave of absence.

7.         Resignation, termination and failure to be recalled within the thirty-six month recall period will break continuous service.

Section E – Seniority List

The Superintendent of Schools will post in each school building a Seniority List of all members of the bargaining unit by February 1^st of each school year. Professional employees with the greatest seniority will be listed first and employees with the least amount of seniority will be placed last on the list within the appropriate disciplines. Employees may appear on the seniority list in more than one (1) discipline if they hold an active or inactive license. Disciplines will be in accordance with the Massachusetts Department of Elementary and Secondary Education (DESE) Regulations. All courses taught shall be listed within the disciplines.

Employees will have twenty (20) school days from the date of the posting of the Seniority List to notify the Superintendent of a challenge to the list. Said challenge shall be in writing and shall specify the nature of the challenge.

The Superintendent will then have ten (10) school days from the date of the letter to respond in writing to the challenger and any other affected party. If the challenge remains unresolved, the time limits for a grievance will begin with the date of the Superintendents response and will begin at Level Two of the Grievance Procedure.

If no challenge is made within the twenty (20) calendar days, the list will stand for that year and no grievance will be considered. The employee’s placement on the list may be challenged and/or grieved, if need be, in a subsequent year pursuant to the time limits set forth above.

Section F – Licensure

Licensure means official credentials on file with the Massachusetts Department of Elementary and Secondary Education, Bureau of Teacher Licensure and the Superintendent of Schools.

Section G - Notification

1.         Professional staff to be reduced shall be notified in writing by the Superintendent no later than May 1^st if feasible, but in no event later than June 30 of the school year preceding the school year in which the layoff is to be effected.

2.         Before any reduction in force is implemented, the Superintendent shall notify the Association of the reason or reasons for the reduction and the approximate number of positions involved.

3.         Nothing in this Article shall diminish the right of the District or the professional workforce under the provisions of the Massachusetts General Laws.

Section H – Recall

1.         Laid-off professional employees will be placed on the recall list for thirty-six (36) months. The effective date of the layoff shall be the last day worked by the employee.

2.         Employees on the Recall List shall be deemed to be on an involuntary leave of absence from the District for the duration of the recall period.

3.         During the recall period, the Superintendent will notify those persons on the recall list concerning vacancies in professional positions in which, (a) the employee is certified and (b) the employee has taught at least one (1) full year in the discipline.

4.         Professional employees who are on the Recall List shall be given priority status on the substitute teacher list during their recall period if they so notify the Superintendent, in writing, within thirty (30) calendar days, that they wish to be given priority status on the substitute list.

5.         When a vacancy occurs to which an employee is entitled to be recalled, the appropriate employee shall be notified, by Certified Mail, at their last recorded address. Failure to accept Certified Mail shall not be deemed sufficient reason for failing to meet the necessary response date. Failure to respond to the Superintendent with a letter of acceptance of the offered position within fifteen (15) working days of the mailing date of the recall notice shall be considered a rejection of such offer and the employee shall be removed from the Recall List. The recall notice will include the date when the employee is to commence work.

6.         During the recall period, no employee will be dropped from the Recall List unless the employee failed to accept a position which is in the bargaining unit.

7.         An employee who was reduced from a full-time position and is on the Recall List may accept a part-time position and retain his/her eligibility to be assigned to a full-time position for subsequent school years; and an analogous right shall exist for an employee who is reduced from a part-time position, accepts a full time position, and wishes to retain eligibility for assignment to a part-time position for subsequent school years.

8.         Employees on the recall list shall be entitled to membership in the group Health and Life Insurance coverage in existence in the District, provided, however, that the employee pays the entire cost of such insurance pursuant to the requirements of Chapter 32B and that there shall be no contribution by the District for such employee’s insurance.

9.    Professional employees recalled during the recall period shall be credited with the salary and fringe benefits to which they were entitled at the date of their last active employment.

ARTICLE 30

JOB SHARING

Section A – Definition and Terms of Job Sharing

1.         Job sharing shall mean the sharing of the performance of duties and responsibilities of a full-time professional position by two part-time employees. Each employee shall participate equally in the performance of the duties and responsibilities of the position.

2.         The participation of employees in job sharing shall be on a voluntary basis. No job sharing position shall be established without the approval of the Superintendent. Such approval shall be granted and reviewed on an annual basis.

3.         An employee who is employed on a full-time basis and who desires to participate in a job sharing position shall inform the Superintendent, in writing, that he/she is willing to accept a reduction from a full-time to a part-time position. Such employee shall also indicate, in writing, that he/she understands that, once such reduction to a part-time position is made, the employee cannot thereafter change his/her mind and displace or intrude upon the recall of a less senior employee to attain full-time status. If, however, there is a full-time position opening for which the employee is certified, he/she will be allowed to return to a full-time position.

4.         Nothing in this Article shall preclude the appointment by the Superintendent of an employee assigned to a job sharing position to a full-time position.

Section B – Working Conditions

The following working conditions shall apply to employees participating in job sharing:

1.         The regular workday for each employee shall be one-half the regular workday for full-time employees. There shall be an overlap of ten (10) minutes between the morning and afternoon tours of duty. Job sharers may also split the week rather than the day.

2.         Both employees will be present on duty for the entire workday for the first week of the school year each year.

3.         Half-days and in-service times shall be shared with the two employees taking turns at coverage and reporting to each other.

4.         Both employees will be present for parent conferences.

5.         Both employees will arrange meeting times to evaluate students and mark report cards.

6.         If there is a temporary staffing interruption due to illness or other reason, the employee who is available for work will cover for the absent teacher, whenever possible, thereby eliminating the need for a substitute.

7.         The preparation time set forth in Article 5 of this Agreement shall be shared by each teacher.

Section C – Compensation and Benefits

1.         Each employee will be paid one-half of his/her appropriate full-time annual salary, except when the employee works a full day pursuant to the terms set forth above. On such days, the teacher will be paid his/her full daily rate of compensation.

2.         The accrual of benefits provided for in Article 15 will be pro-rated. The accrual of seniority will be pro-rated. The District will pay for the insurance of only one of the job sharers.

ARTICLE 31

EXTRA CURRICULAR ACTIVITIES

Section A – Employment

1.         Participation by professional employees in extra curricular activities which includes clubs, athletic coaching and similar activities taking place outside of the regular workday will be strictly voluntary.

2.         The District retains the right to eliminate, modify or terminate extra-curricular positions, provided, however, that if such activity is discontinued after the extra curricular activity has begun to function during the school year, the assigned professional employee will receive full compensation for such extra curricular activity as provided in Appendices A-3 and A-4.

3.         A professional employee who holds an extra-curricular position shall not have released time because of his/her duties connected to the position.

4.         Appointments will be made on an annual basis. Positions will be posted annually and all members of the bargaining unit will have an opportunity to apply.

Section B – Compensation

1.         Compensation for extra-curricular activities shall be paid in accordance with Appendices A-4 and A-5 and shall be paid to the employee at the midway point and at the completion of each activity.

2.         Compensation for extra-curricular activities shall not be included in the basis for compensation for leaves of absence.

ARTICLE 32

METHOD OF PAYMENT OF SALARIES, PAYROLL DEDUCTIONS AND AGENCY FEE

Section A – Method of Payment of Salary

All professional staff shall receive twenty-six (26) equal installments each year payable on the same day of the week every other week, beginning with the second (2^nd) Thursday after the first (1^st) day of the school year, provided that the last five (5) payments will be paid in one (1) lump sum at the conclusion of the school year. All salary payments will be made by automatic direct deposit with electronic notification.

Section B – Dues Deductions

1.         The District agrees to deduct from the salary of its employees dues for the Whitman-Hanson Education Association, Plymouth County Education Association, Massachusetts Teachers Association and the National Education Association and to transmit the monies promptly to the Treasurer of the Whitman-Hanson Education Association. Employee authorization shall be in writing on a form determined by the Treasurer of the Whitman-Hanson Education Association.

2.         The Association shall indemnify and save the District harmless against all claims, demands, suits, or other forms of liability, which may arise by reason of any action taken in making deductions and remitting the same pursuant to this Section B.

Section C – Annuity Deductions

1.         The District will, upon written request of a professional employee, enter into an agreement with said employee to reduce the amount of his/her salary to the extent permitted by Section 403(b) of the Internal Revenue Code, as amended, and to apply the amount of said deduction in salary to the purchase of a tax sheltered annuity plan for said employee(s).

2.         Deductions will be made in equal amounts each pay period by the District from the employee’s paycheck.

3.         The District shall, on a day appointed within ninety days of the opening of each school year, enter into a written agreement with any of its employees to purchase or make payments to an individual or group annuity contract or any other investment authorized under Section 403(b) of the Internal Revenue Code. All employees will be notified by the District of the date.

4.         Changes (i.e., additions to or reduction from the annuity amount) may be made at any time during the year.

5.         Pursuant to M.G.L. Chapter 71, Section 37B, the District Treasurer shall transmit the premium payments so deducted to the issuing insurer or selling company within fourteen (14) days of the deduction.

Section E – Agency Fee

1.         The District agrees to require that all employees, except those employees certified as members to the Committee by the Association, pay annually or by dues deduction to the Association as of the thirtieth (30^th) day subsequent to the effective date of this Agreement, or thirty (30) days subsequent to the execution of this Agreement, whichever is later, an Agency Service Fee. Said fee shall be in an amount and be implemented as prescribed under M.G.L. c.150E and the regulations of the Massachusetts Labor Relations Commission. Said amounts will be certified annually to the District by the Association.

2.         If the individual does not comply within thirty (30) days, and if the Association sends a written request calling for the suspension of the individual to the Superintendent, the Superintendent shall meet with the individual. If the individual still does not comply, he/she will be suspended without pay for five (5) days by the Superintendent on days selected by the Superintendent, with the School Department retaining the unpaid money. Such suspension will not be grievable or arbitrable. No further action will be taken against that individual for that contract year.

3.         The Association agrees to indemnify and hold harmless the Committee for any action that the Committee takes against any employee to enforce the agency fee provisions of this contract. Specifically, the Association agrees to reimburse the Committee, within thirty (30) days of being informed of the expenditure by the Committee, for all legal fees, costs and damages related to the Committee’s enforcement of the agency fee provisions and/or related to litigation that results from the Committee’s enforcement of the agency fee provisions.

Section F – Vote Deductions

Professional employees may authorize the District to deduct from their salary a contribution for Voice of Teachers for Education (VOTE) in an amount which the employee shall specify in writing. The District will certify on the payroll the amount to be deducted by the District Treasurer. Such amounts shall be transmitted to the VOTE NEA-PAC holding the account within thirty (30) days.

ARTICLE 33

C.O.R.I. REGULATIONS

Section 1 –Requests for C.O.R.I. Checks

In compliance with the provisions of Chapter 385 of the Acts of 2002, it is understood that the Superintendent of the District shall request and review C.O.R.I checks. Employees shall be made aware that C.O.R.I reports concerning them are being requested and when such request is actually made. Such checks shall take place not more than once every three (3) years except for good cause. Employees shall be made aware that, upon request, they shall be provided with a copy of the C.O.R.I. report received by the Superintendent.

Section 2 -Location of C.O.R.I. Reports

All C.O.R.I. reports shall be kept in a separate, secure file maintained in the office of the Superintendent

Section 3 - Review of C.O.R.I. Reports

After review of a C.O.R.I. report, the Superintendent, if he/she deems it necessary, may meet with the employee who may at such meeting be represented by the Association. Any and all personnel actions resulting from information acquired from a C.O.R.I. report shall be conducted pursuant to the provisions of the collective bargaining agreement and the General Laws of the Commonwealth.

ARTICLE 34

DURATION

This Agreement will be effective as of July 1, 2012, and will continue and remain in full force and effect for three (3) years until and including June 30, 2015. The parties agree that not later than October 15, 2014 they will enter into negotiations for a successor Agreement to become effective as of July 1, 2015.   If negotiations for a successor Agreement are not completed by June 30, 2015, this Agreement will continue in effect until said negotiations are completed, but in no event later than December 31, 2015 and said agreements reached during said extension period will be retroactive to July 1, 2015. In witness whereof, the parties to this Agreement have caused it to be executed in duplicate in their names on the date set forth below.

WHITMAN-HANSON REGIONAL SCHOOL COMMITTEE:

___________________________________________________

ROBERT W. HAYES, CHAIRPERSON

FOR THE WHITMAN-HANSON EDUCATION ASSOCIATION:

___________________________________________________

KEVIN KAVKA, PRESIDENT

___________________________________________________

BETH STAFFORD, CHAIRPERSON

DATE: _____________________________________________

APPENDIX A-1

Salary Schedules

1.    Teacher Salary Schedules

a.)   Steps and Lanes shall be effective each year

b.)   Effective at the beginning of the 2012-2013 school year the current salary schedule shall continue in effect, except that teachers at Steps 11 and above shall receive a one and one-half (1.5%) percent increase

c.)   Effective at the beginning of the 2013-2014 school year the salary schedule shall be increased by one (1.0%) percent

d.)   Effective at the beginning of the 2014-2015 school year the salary schedule shall be increased by one (1.0%) percent

e.)   Effective at the beginning of the second half of the 2014-2015 school year the salary schedule shall be increase by one (1.0%) percent

2012-2013 CONTRACT

2013-2014 CONTRACT

2014-2015 CONTRACT DAY 1-91

2014-2015 CONTRACT DAY 92-182

APPENDIX A-2

TEACHER LEADERS, MENTORS AND COMMUNITY EVENING SCHOOL

(INCLUDES DRIVER EDUCATION AND MAIN STREET EXTENSION)

TEACHER LEADERS, MENTOR COORDINATORS, MENTORS, AND COMMUNITY SERVICE LEARNING STIPEND POSITIONS ARE PENSIONABLE. THE CONTRACTED STIPEND WILL BE DETERMINED ON AN ANNUAL BASIS.

COMMUNITY EVENING SCHOOL STAFF – THE CONTRACTED STIPEND WILL BE DETERMINED ON AN ANNUAL BASIS.

AS PART OF THE REORGANIZATION OF THE WHEA AND WHRSD AGREE TO KEEP THE DRIVER EDUCATION INSTRUCTORS AND DIRECTOR POSITIONSWITHIN THE CONTRACT BUT TO CHANGE THE HOURLY RATE TO $26.56. THE DRIVER EDUCATION DIRECTOR’S SALARY WILL BE USED TO FUND THE DIRECTOR OF MAIN STREET EXTENSION PROGRAM. THESE MONETARY ADJUSTMENTS ALONG WITH REORGANZIATION WILL ALLOW THE PROGRAM TO CONTINUE AND TO GENERATE REVENUE. IT IS AGREED THAT THE WHRSD AND THE WHEA WILL VISIT THE AGREEMENT ANNUALLY AND WILL BE SUBJECT TO NEGOTIATIONS.

Appendix A-3 2012-2015 ATHLETIC SALARY SCHEDULE

APPENDIX A-4 STUDENT ACTIVITIES SALARY SCHEDULE (ALL YEARS) 2012-2015

APPENDIX B

GENERAL CONDITIONS

If a new bargaining unit position is established, the District will negotiate with the Association over the appropriate salary for such position.

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

APPENDIX C

TEACHER EVALUATION PROGRAM

AND

ATHLETIC COACHING STAFF

The Teacher Evaluation program is quantified under The Model System designed by the Department of Elementary and Secondary Education , pursuant to the new educator evaluation regulation, 603 CMR 35.00. A copy is maintained, updated, and available through Central Office Administration.

The Athletic Coach Evaluation Tool will be determined annually in collaboration with the Superintendent, High School Principal, and Athletic Director.

APPENDIX D

HANSON BONUS PERSONAL DAYS

APPENDIX E

EARLY RETIREMENT INCENTIVE

(ONLY FOR THOSE TEACHERS WHO TAUGHT IN HANSON AS OF AUGUST 31, 1992)

Objective:   To provide an economic incentive for senior staff members to retire.

Approved

Language:   A professional employee having reached the age of 55 who has provided continuous service for 10 years and who notifies the Superintendent of Schools by November 1^st prior to the beginning of the next fiscal year (July 1^st) of their intent to retire shall be eligible to receive a one-time retirement benefit payable on the first payroll cycle after July 1^st of the next fiscal year. This notification will be irrevocable.

The retirement benefit amount will be equal to the difference between Step 0 of the retiring employee’s salary step column at the time of retirement and either Step 4, 5, or 6 in accordance with the following schedule:

A person who produces a letter of approval of his/her application for retirement from the Massachusetts Teachers Retirement Board with 10 to 15 years of service will be given a retirement benefit of Step 4 minus Step 0.

A person who produces a letter of approval of his/her application for retirement from the Massachusetts Teachers Retirement Board with 16-20 years of service will be given a retirement benefit of Step 5 minus Step 0.

A person who has worked 21+ years of service for the Town of Hanson who submits a letter of intent to retire will be given the retirement benefit of Step 6 minus Step 0.

A professional employee having reached the age of 50 who has provided continuous service for 20 years and who notifies the Superintendent of Schools by November 1^st prior to the beginning of the next fiscal year (July 1^st) of their intent to retire shall be eligible to receive a one-time retirement benefit payable on the first payroll cycle after July 1^st of the next fiscal year of the difference between Step 6 and Step 0.

Unit A employees with at least ten (10) years of service in the Hanson Public School system shall be allowed compensation at their then regular rate of pay for twenty-five percent (25%) of their unused sick leave upon death or retirement from the system. These employees who give the School Department written notice on or before April 15^th of the year before the anticipated retirement shall be allowed to spread the above mentioned payment over the entire last year of employment. In the case of death or for these teachers who do not meet the April 15 deadline, the School Committee shall make payment in a lump sum in the next fiscal year following request for payment pursuant to this Article.

HANSON TEACHERS HAVING TAUGHT 10 YEARS IN HANSON

Eligible for Sick Leave Buy-Back under Hanson Contract

Whitman-Hanson

Regional School District

OFFICE OF THE SUPERINTENDENT

610 Franklin Street

Whitman, ma 02382

Phone 781-618-7000

Fax 781-618-7099

TTY 781-618-7402

Web: www.whrsd.org

A-F         NON-PRECEDENT SIDE LETTER RE: DECEMBER 23

October 17, 2012

The Whitman Hanson Education Association (WHEA) and the Whitman Hanson Regional School District (WHRSD) agree to the following side letter of agreement to the Unit A contract effective only during the 2012-2015 CBA contract.

For the length of the July 1, 2012 through June 30, 2015 Collective Bargaining Agreement, December 23 shall be a non-school day (school sessions will not be scheduled in the three years of this Agreement). This agreement is effective for the current contract and expires on June 30, 2015.

____________________________________                    _____________________________________

For the Association-WHEA                                               Date

____________________________________                         _____________________________________

For the District-WHRSD                                                    Date